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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-158Temporary Resolution #10477 June 14, 2004 Revision 1 —June 16, 2004 Revision 2 —June 17, 2004 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- )63 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING RFP NO. 04-01 R TO AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND BROWARD COUNTY TO PROVIDE CONSULTING SERVICES FOR THE ADMINISTRATION OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTEMENT PARTNERSHIP PROGRAMS FOR A MAXIMUM ANNUAL RATE OF FIFTEEN PERCENT (15%) ($77,$50.00) OF THE ANNUAL GRANT ALLOCATION AND TO PROVIDE CONSULTING SERVICES FOR THE ADMINISTRATION OF THE STATE OF FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM FOR A MAXIMUM ANNUAL RATE OF EIGHT PERCENT (8%) ($34,362.00) OF THE ANNUAL GRANT ALLOCATION FOR A PERIOD BEGINNING UPON EXECUTION BY BROWARD COUNTY THROUGH SEPTEMBER 30, 2005 WITH A PROVISION FOR TWO (2) ADDITIONAL ONE-YEAR RENEWALS (CASE NO. 10-MI-04); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to seek and efficiently maintain Federal and State grants which provide enhanced community development services or programs to eligible residents in Tamarac; and WHEREAS, the U.S. Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and Home Investments Partnership (HOME) programs Temporary Resolution #10477 June 14, 2004 Revision 1 --June 16, 2004 Revision 2 —June 17, 2004 Page 2 and the State of Florida's State Housing Initiatives Partnership (SHIP) program require significant administrative services to process eligible applications, implement programs, monitor programs, and prepare reports as required by the granting agencies; and WHEREAS, the CDBG and HOME programs limit administrative costs to twenty percent (20%) of grant funds and the SHIP program limits administrative costs to ten (10%) of grant funds; and WHEREAS, a competitive process was undertaken to solicit proposals from qualified organizations to provide consulting services for the administration of CDBG, SHIP and HOME programs; and WHEREAS, the City of Tamarac published RFP No. 04-01 R on September 22, 2003, (attached hereto as Exhibit "A" to Exhibit "'I") to provide consulting services to administer the CDBG, SHIP and HOME programs; and WHEREAS, proposals were submitted by the following organizations for the provision of consulting services for grant administration of the CDBG, SHIP and HOME programs; and 1. Broward County 2. Meridian Community Services Group 3. Community Redevelopment Associates 4. Watson Rice WHEREAS, upon serious review and consideration by the Evaluation Committee consisting of the Assistant to the City Manager, the Economic Development Manager, and Temporary Resolution #10477 June 14, 2004 Revision 1 —June 16, 2004 Revision 2 —June 17, 2004 Page 3 the Controller, it was determined that Broward County's response to RFP No. 04-01 R, (attached hereto as Exhibit °B" to Exhibit "V) was the most responsible and responsive proposer; and WHEREAS, it is the recommendation of the Community Development Director and the Purchasing and Contracts Manager that RFP No. 04-01 R, Grant Administration — CDBG, SHIP, and HOME Programs, be awarded to and an agreement executed with Broward County, (attached hereto as Exhibit 1"), to provide consulting services for the administration of CDBG, SHIP and HOME programs for a period beginning upon execution by Broward County and ending September 30, 2005 with a provision for two (2) additional one-year renewals; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to award RFP No. 04- 01 R to and authorize the appropriate City officials to execute an agreement, between the City of Tamarac and Broward County to provide consulting services for the administration of the U.S. Department of Housing and Urban Development Community Development Block Grant and Home Investment Partnership programs for a maximum annual rate of fifteen percent (15%) ($77,850.00) of the annual grant allocation and to provide consulting services for the administration of the State of Florida State Housing Initiatives Partnerships program for a maximum annual rate of eight percent (8%) ($34,362.00) of the annual grant allocations for a period beginning upon execution by Broward County through September 30, 2005 with a provision for two (2) additional one-year renewals. Temporary Resolution #10477 June 14, 2004 Revision 1 —June 16, 2004 Revision 2 —June 17, 2004 Page 4 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. SECTION 2: That the City Commission hereby awards RFP No. 04-01 R to and authorize the appropriate City officials to execute an agreement between the City of Tamarac and Broward County to provide consulting services for the administration of the U.S. Department of Housing and Urban Development Community Development Block Grant and Home Investment Partnership programs for a maximum annual rate of fifteen percent (15%) ($77,850.00) of the annual grant allocation and to provide consulting services for the administration of the State of Florida State Housing Initiatives Partnerships program for a maximum annual rate of eight percent (8%) ($34,362.00) of the annual grant allocations for a period beginning upon execution by Broward County through September 30, 2005 with a provision for two (2) additional one-year renewals. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. E Temporary Resolution #10477 June 14, 2004 Revision 1 --June 16, 2004 Revision 2 —June 17, 2004 Page 5 SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or 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, ADOPTED AND APPROVED this 23rd d y of June 2004. J E SCHREIBER MAYOR ATTEST: MARION SW NSON, CIVIC CITY CLERK I HEREBY CERTIFY that have approved this RESOLUTION as to form. VANESSA T. STEINERTS Assistant City Attorney MITCHELL S. KRAFT CITY ATTORNEY RECORD OF COMMISSION VOTE: MAYOR SCHREIBER 0-5_e� DIST 9: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS r� EXHIBIT ,,r TEMP RESO #10477 r City of Tatwirac......... Purchasing Cs Division..... ... ontract_..... � a AGREEMENT BETWEEN CITY OF TAMARAC AND BROWARD COUNTY THIS AGREEMENT ("Agreement") is made by and between the City of Tamarac, a municipal corporation of the State of Florida, with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 ("City") and Broward County, a political subdivision of the State of Florida, with principal offices located at 115 S. Andrews Avenue, Fort Lauderdale FL 33301 ("Consultant") to provide for Community Development Block Grant (CDBG), State Housing Initiatives Partnership (SHIP) and HOME Investment Partnerships (HOME) Program Grant Administration Services. Now therefore, in consideration of the mutual covenants hereinafter set forth, City and Consultant agree as follows: 1) The Contract Documents The contract documents shall consist of this Agreement, conditions of Request for Proposal (RFP) 04-01 R, general, supplementary and other conditions, all addenda, and the Proposal executed and submitted by Consultant, City's Resolution awarding the project, and all modifications issued after execution of this Agreement. These documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. 2) The Work Consultant shall perform all work for City required by the contract documents, as set forth below: a) Consultant shall furnish all labor, materials, and equipment necessary to administer the CDBG, SHIP and HOME grant programs. b) Consultant shall administer the referenced grant programs as outlined in the Scope of Work included in RFP 04-01 R, attached hereto as "Exhibit A" and further defined within this Agreement. c) Consultant shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to Consultant, its employees, agents or subconsultants, if any, with respect to the work and services described herein. City of Tamarac Purchasing & Contracts Division d) The administrative point of contact for the City of Tamarac shall be the Community Development Director or his/her designee. Consultant shall designate the administrative point of contact. e) Consultant with the assistance of City shall be responsible for maintaining an acceptable expenditure rate for the CDBG funds as defined by HUD and shall further be responsible for maintaining an expenditure rate for the SHIP and HOME programs that will ensure the timely expenditure of funds and the accomplishment of program goals. Failure to maintain adequate expenditure rates for any grants shall result in appropriate action by City, including withholding of payment until such rate is reinstituted, and/or cancellation of contract if unresolved. f) Consultant shall ensure that all sub -recipients are in compliance with State, Federal and local regulations as they relate to activities in the Annual Action Plan and the Local Housing Initiative Plan (LHAP) and shall monitor activities and expenditures of sub -recipients. g) Consultant shall document and verify client eligibility, maintain copies of income verification and provide same to City, prior to approval of payment. Consultant shall be responsible for repayment to City of any expenditure found to be ineligible by the funding agency. Consultant shall utilize an application ("Exhibit B") and application process that will ensure all eligibility requirements of funding agencies are met. Consultant shall qualify a sufficient number of clients each month, as agreed between City and Consultant, in order to meet the goal of the number served for the program year. Clients shall be processed in a timely manner to reach the agreed upon goal. h) Consultant shall ensure that the recapture and affordability restrictions applicable to each grant are enforced through the execution of a Mortgage, ("Exhibit C") and a Promissory Note ("Exhibit D"). i) Consultant shall ensure the timely completion of minor home repairs and other program -related projects. City shall monitor the timeliness of this process. 1. If completion falls behind the schedule required to meet the goals of the grant programs City will notify Consultant in writing. Consultant will have ten (10) days to resolve the deficiencies to City's satisfaction. 2 F City of Tamarac Purchasing & Contracts Division 2. If, after ten (10) days, Consultant fails to resolve deficiencies to City's satisfaction, City may, at its discretion, terminate this Agreement per the terms outlined herein in Section 13. 3) Changes in Scope of Work City or Consultant may request changes that would increase, decrease or otherwise modify the Scope of Work to be provided under this Agreement. Such changes must be in accordance with the provisions of the Code of Ordinances of City and must be contained in a written amendment, executed by the parties thereto, prior to any deviation from the terms of this Agreement, including the initiation of any extra work. In no event will Consultant be compensated for any work that has not been described in a separate written agreement executed by the parties hereto. 4) Insurance The parties shall each individually maintain throughout the term of this Agreement any and all applicable insurance coverage required by Florida law for governmental entities, and provide proof of same to the other party upon request. 5) Term The work shall begin May 9, 2004, and continue through September 30, 2005, with the provision for two (2) additional one-year renewals, based upon mutual agreement of the parties, in writing, prior to the expiration of the current term. 6) Agreement Sum The contract sum for the above work is based on the hourly rate Fee Schedule set forth in Consultant's response to Request for Proposals, attached hereto as "Exhibit D" and made a part hereto, provided; however, amount may not be exceeded without a written amendment to this Agreement. All services shall be provided for a not to exceed amount of One Hundred Twelve Thousand Two Hundred and Twelve Dollars and No Cents ($112,212.00) including all reimbursable expenses. The fee structure equates to a percentage of 15% ($77,050.00) of CDBG grant allocations and 8% ($34,362) of SHIP grant allocations. 7) Payments Payments shall be made on a quarterly basis upon receipt of properly executed invoices, Quarterly reports, addressing activities undertaken, program invoices, client status, and financial status must be submitted as per the Scope of Services which is made part of this Agreement. All payments by City shall be executed in accordance with the "Florida Prompt Payment Act, Chapter 218-70 of the Florida Statutes." of Tamarac Purchasing & Contracts Division 8) Liability GENERAL IDEMNIFICATION To the fullest extent permitted by laws and regulations, Consultant shall indemnify, defend, save and hold harmless City, its officers, elected officials, agents and employees, harmless from any and all claims, damages, losses, liabilities and expenses, direct, indirect or consequential arising out of or in consequential arising our of or alleged to have arising out of or inconsequential arising of the products, goods or services furnished by or operations of Consultant or its subconsultants, agents, officers, employees or independent Consultants pursuant to this Agreement, specifically including but limited to those caused by or arising out (a) any act, omission or default of Consultant and/or its subconsultants, agents, servants or employees in the provision of the goods and/or services under this Agreement; (b) any and all bodily injuries, sickness, disease or death; (c) injury to or destruction of tangible property, including the loss of use resulting there from; (d) the use of any improper materials; (e) a defective condition in any goods provided pursuant to this Agreement, whether patent or latent;(f) the violation of any federal, state, county, or municipal laws, ordinances or regulations by Consultant, its subconsultants, agents, servants, independent Consultants or employees; (g) the breach or alleged breach by Consultant of any term, warranty or guarantee of this Agreement. Consultant shall pay all claims, losses, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Consultant under the indemnification agreement. Consultant shall have the right to approve City's selection of legal counsel, which approval shall not be unreasonably withheld. Nothing contained herein is intended nor shall it be construed to waive City's or Consultant's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 9) Non -Discrimination Consultant agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, sexual orientation or national origin, and to abide by all federal and State laws regarding non- discrimination. Consultant further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 10) Independent Contractor Consultant is an independent contractor under this Agreement. Personal services provided by Consultant shall be by employees of Consultant and subject to supervision by Consultant, and not as officers, employees, or agents of City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under City of Tamarac Purchasing & Contracts Division this Agreement shall be those of Consultant. 11) Assignment and Subcontracting Consultant shall not transfer or assign the performance required by this Agreement without the prior consent of City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of City. 12) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CCi City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. Consultant Ray Lubomski, Director Broward County Community Development 115 S. Andrews Avenue, Room 310 Ft. Lauderdale, FL 33301 PH: 954-357-5800 13) Termination Termination for Cause and Default In the event Consultant shall default in any of the terms, obligations, restrictions or conditions in any of the Proposal documents, City shall give written notice by certified mail, return receipt requested to Consultant of the default and that such default shall be corrected or actions taken to correct such default shall be commenced within ten (10) calendar days thereof. In the event Consultant has failed to correct the conditions of default or the default is not remedied to the satisfaction and approval of City, City shall have all legal remedies available to it, including, but not limited to termination of this Agreement in which case Consultant shall be liable for all procurement and reprocurement costs and any and all damages permitted by law arising from the default and breach of this Agreement. City of Tamarac Purchasing & Contracts Division Termination for Convenience by City Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to Consultant, City may without cause and without prejudice to any other right or remedy, terminate this Agreement for City's convenience whenever City determines that such termination is in the best interests of City. Where the agreement is terminated for the convenience of City, the notice of termination to Consultant must state that this Agreement is being terminated for the convenience of City under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, Consultant shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding subcontractors and purchase orders to the extent that they relate to the terminated portion of this Agreement and refrain from placing further orders and subcontracts except as they may be necessary, and complete any continued portions of the work. 14) Agreement Subject to Funding This Agreement shall remain in full force and effect only as long as the expenditures provided for in this Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 15) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this Agreement is fixed in Broward County, Florida. 16) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 17) Merger; Amendment This Agreement constitutes the entire Agreement between Consultant and City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both Consultant and City under Article V., Tamarac Code section 6-156, "Change orders." The County Administrator for Consultant may enter into amendments or other modifications to this agreement that do not increase the amount of funding provided by City to Consultant herein. 18) Multiple Originals of Tamarac Purchasing & Contracts Division This Agreement may be fully executed in four (4) copies by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. 19) Third Party Beneficiaries Neither City nor Consultant intends that any person shall have a cause of action against either of them as a third party beneficiary under this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled at assert a claim against either of them based upon this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 20) Records City and Consultant shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements for records retention set forth in Chapter 119, Florida Statutes. 7 F of Tamarac Purchasing & Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: City of Tamarac, through its Mayor and City Manager, and Broward County, signing by and through its Mayor or Vice Mayor, duly authorized to execute same. CITY OF TAMARAC ec. Schreiber, Mayor ��`��a y Date 4a ATTEST:Jeffe L.(Miller, City Manager Mario�Swe`nso CMC City Clerk � wy Date - Date: Approved as to form and legal sufficiency: /�-��� VANESSA-T,-STEINERTS &I Mitchell S. Kraft, City Attorney Assistant City Attorney of Tamarac Purchasing & Contracts Division Consultant ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida Insurance Requirements Approved as to form By: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS In Mayor day of 2004. Approved as to form by Office of County Attorney Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Room 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 (954) 357-7600 (954) 357-7641 (Facsimile) 0 Patrice M. Eichen Assistant County Attorney I.H. 10477 EXHIBIT "A" ' REQUEST FOR PROPOSALS 1 10 Grant Administration - CDBG, SHIP, and HOME Programs Issued on behalf of the Community Development Department City of Tamarac Purchasing and Contracts Division 7525 NW 88th Avenue, Room 108 Tamarac, Florida 33321-2401 (954) 724-2450 Purchasing and Contracts Division Date: September 22, 2003 City of Tamarac "Committed to Excellence... Always" REQUEST FOR PROPOSALS ALL INTERESTED PARTIES: RFP NO. 04-01 R The City of Tamarac, Florida, hereinafter referred to as CITY, will receive sealed Proposals in the Purchasing and Contracts office of City Hall, 7525 NW 88th Avenue, Tamarac, Florida 33321, for furnishing the services described below: Grant Administrator - CDBG, SHIP AND HOME PROGRAMS Sealed Proposals must be received and time stamped in the Purchasing and Contracts Office, either by mail or hand delivery, no later than 4:00 p.m. local time on Wednesday, November 05, 2003. Official time will be calculated by the time stamp in the Purchasing Office. Any Proposals received after 4:00 p.m. on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer. Proposals are subject to the attached Standard Terms and Conditions contained in the RFP. CITY reserves the right to reject any or all Proposals, to waive any informalities or irregularities in any Proposals received, to re -advertise for Proposals, to award in whole or in part to one or more Proposers, or take any other such actions that may be deemed to be in the best interests of the CITY. There is no expressed or implied obligation for the City of Tamarac to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. Bid documents may be obtained from the Purchasing Office at the above address. For non -technical inquiries, contact the Purchasing Office at (954) 724-2450. For technical inquiries, contact Tammy Reed -Holguin, Economic Development Manager, at 954-724-1344. F rr I 4 James S. Nicotra, CPPB Interim Purchasing and Contracts Manager Publish: Sunday, 09/21/2003 and 09/28/2003 7525 NW 88th Avenue N Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 0 www.tomaroc.org Equal Opportunity Employer r.e, •..... �.... ..._._......_......_....._.._.. — I, STATEMENT OF WORK The City of Tamarac is seeking proposals from qualified firms to provide administrative services as required by statute for the Community Development Block Grant (CDBG) program, the State Housing Investment Partnership (SHIP) program and the Home Investment Partnerships (HOME) program. Firms must also provide generalized urban affairs consultation and grant writing. Additional services will include administration, management, monitoring and research relating to the aforementioned programs, and as outlined in the Scope of Services below. The City of Tamarac has historically implemented minor home repair, purchase assistance, commercial rehabilitation, economic development and public service programs with CDBG, SHIP and HOME funds. The initial contract period for administrative services issued as a result of this Request for Proposals will encompass the term May 9, 2004 through September 30, 2005, with two (2) additional one (1) year renewal options. II. SCOPE OF SERVICES Firm must provide administrative services as required by statute for the Community Development Block Grant (CDBG) program, the State Housing Investment Partnership (SHIP) program and the HOME Investment Partnerships (HOME) program. Firm must also provide generalized urban affairs consultation and grant writing. The services will include administration, management, monitoring and research as related to the aforementioned programs as follows: I. Monthly Reports and Meetings A. Firm will provide: 1. Monthly reports as to activities undertaken, program progress, and client status. These reports will be submitted to the City with the second billing invoice each month. II, Monthly Review of Program A. Review current status of programs for compliance with HUD and State of Florida guidelines and program objectives B. Determine strategy and bring current where necessary C. Review the City's Consolidated Plan and Amendments, and, all subsequent Annual Action Plans and amendments D. Provide necessary technical assistance E. Complete reports required by HUD and FHFA F. Monitor program expenditures -Submit monthly report to the City showing income and expenditures III. Monthly Direct Service to CDBG, SHIP and HOME Programs A. Client Intake 1. Interview and provide instructions to applicants Ci;Zr ti/ Tam�r�C 2. Coordinate the distribution of applications 3. Accept telephone inquiries for information related to programs 4. Coordinate and staff client intake on the first Friday of each month at City Hall. Advertise in advance. 5. Provide a compiled list of all applicants for each program and their status to the City on a monthly basis 6. Applications will be accepted on a continual basis as funding is available. 7. Establish and maintain client and program files in format acceptable for monitoring by funding agency. B. Processing of Applications and Approval 1. Administrator will collect and review the following items provided by applicant: (a) Pay stubs (b) Bank statements (c) General application/form (d) W-2 forms (e) Tax returns (f) Statement of household size (g) Verification of employment (h) Property insurance documents (i) Notice of ad valorem taxes Q) Warranty deed (k) Applicants will be notified on a quarterly basis, at a minimum, of their status (1) Send approval or disapproval notice to applicant (m) Notify City once client is approved C. Coordination of Rehabilitation/Purchase Assistance 1. Perform detailed work write-ups to include photographs once applicant approved 2. Prepare specifications. Notify qualified contractors and hold mandatory pre -bid conference with sealed bids to be returned to Administrator. 3. Prioritize repairs relative to health, safety and welfare and then homeowner priorities if funding remains and within grant amount 4. Administrator notifies contractor to finalize agreed upon scope of work and have contract signed by homeowner. 5. Administrator prepares recapture documents and obtains homeowner's signature. Documents are sent to City for filing. 6. Issue Notice to Proceed 7. Insure that contractor(s) have applied for and received the proper permits for minor home repair projects 8. Monitor work performance of contractor(s) 9. Conduct construction site visits 10. Inspect job at completion to insure all work performed to standards and take photographs for file 11. Authorize payment and send to City for approval and processing IV. Monthly Maintenance of IDIS Program for HUD funded grants (Review current status for compliance, determine strategy, and bring current where necessary) A. Request ID & Passwords for the appropriate finance staff when necessary B. Provide training to such staff and Director (If Required) C. Create Projects in the IDIS System D. Create Draw -down Requests E. Prepare and maintain IDIS reports F. Reconcile Expenditures — IDIS to plan G. Prepare monthly reimbursement package to Broward County for HOME program V. Monitoring all CDBG sub -recipients A. Participate in Pre -construction workshops/meetings B. Conduct review for Davis Bacon/ Prevailing Wages Compliance C. Monitor construction work orders and invoices (Rehabilitation projects) D. Review Sub -recipient performance VI. Prepare the Annual Action Plan (proposed projects) and Amendments where necessary VII. Environmental Review A. Determine necessity for Environmental Review, per Statutes, for each project B. Preparation of Format II Environmental Assessment, when necessary C. Coordinate Format I Environmental Assessment activities, when necessary D. Prepare FONSI E. Coordinate contact with- Federal or State agencies, as required by Statutes F. Conduct Public Hearings, as necessary VIII. Prepare all CDBG related Public Notices: A. Annual Action Plan (Public Hearing and availability for public review B. Notice Of Funds Availability (when necessary) C. Request for Release of Funds (when necessary) D. Request For Proposals, (when necessary) IX. Prepare Grant Related Reports (Review current status for compliance, determine strategy, and bring current when necessary) A. Annual Performance Report B. Grantee Performance Report C. Analysis of Impediments to Fair -Housing D. Preliminary and final closeout reports X. Correspondence/Coordination with Funding Agencies A. Correspondence from agencies will be received by City and referred to Grant Administrator for response as needed B. Grant Administrator will draft response when requested and forward to City for approval C. City will be present at initial meeting for all monitoring visits by outside funding agencies D. Grant Administrator will be responsible for preparing files and arranging client visits for monitor E. Grant Administrator will prepare response to any findings for City review prior to submission to funding agency XI. Mediation A. Grant Administrator will be first point of contact for resolving any matters related to homeowners, contractors or inspectors B. City will facilitate mediation after all avenues have been exhausted III. PROPOSAL REQUIREMENTS Technical Proposal Proposals shall be evaluated based on the following considerations: 1. Firm shall be multidisciplinary. 2. Firm shall have prior experience in CDBG, SHIP and HOME administration and program development at the "entitlement" level. 3. Firm shall be familiar with all required CDBG, SHIP and HOME planning documents. 4. Firm shall have experience in implementing the Dept. of Housing and Urban Development (HUD) Consolidated Planning System. 5. Firm shall have successful experience with Federal and State grant and loan program applications. 6. Firm shall have experience with Federal Davis -Bacon Act wage determinations. 6 akl 2 7 Ta; 1 • 7. Firm shall have demonstrable data processing capability in compliance with HUD Consolidated Planning System requirements. 8. Firm shall have capability to represent City before appropriate Federal, State and local government entities with respect to Urban Affairs issues. 9. Firm shall have experience in development of Affordable Housing and Affordable Housing Programs. 10. Firm shall have experience working with non-profit organizations, lenders and related parties. 11. Appropriate staff shall have completed HUD Consolidated Planning System training. 12. Appropriate staff shall have completed Dept. of Community Affairs Income Compliance training for the SHIP program. 13. Appropriate staff shall have completed State of Florida Housing Initiatives Program, Program Administration for Home Ownership Program training and CDBG training. In addition to the above, Proposals shall be evaluated based on the following weighted criteria point system: A. Successful Similar Florida Entitlement City Experience — up to 30 points B. Management and Staffing — up to 25 points C. Familiarity or Ability to Become Familiar with Local Needs — up to 20 points D. Approach — up to 15 points E. Certified Minority and/or Woman Owned Business -- up to 5 points F. Price — up to 15 points Price is an important, but not primary, factor in the evaluation process, and the City of Tamarac is not required to select the lowest cost firm. Scoring for the pricing component shall be computed by calculating a ratio between the lowest priced response and each individual response, with the lowest priced response being assigned the maximum allowable point value. In order to expedite the evaluation of Proposals, it is essential that Proposers follow the format and instructions contained herein. If the Proposer so wishes, the Proposal may be accompanied with brochures, promotional materials or displays. However, Proposal submission requirements as listed herein must be followed. All Proposals must be submitted as specified on the Proposal pages contained herein. Any attachments must be clearly identified. IV. PROPOSAL COPIES One (1) original proposal, marked with your firm's name and "RFP 04-01 R, Grant Administration — CDBG, SHIP and HOME Programs" shall be submitted by each Proposer to the City of Tamarac, 7525 NW 88th Avenue, Tamarac, Florida 33321 by the designated date and time. Five (5) photocopies should accompany the original proposal; however, photocopies must be provided within 3 business days of the City's request. !V "O i ........_............0., �'.:'�� 3 �)r, :...Dlvi5iOn ..... \ ...._.... _« Any addenda or answers to written questions supplied by the City to participating Proposer's become part of this Request for Proposal and the resulting contract. This Proposal form shall be signed by an authorized company representative, dated and returned with the Proposal or within three (3) days of the City's request. No negotiations, decisions or actions shall be initiated or executed by the Proposer as a result of any discussions with any City employee. Only those communications, which are in writing from the Purchasing Division, may be considered as a duly authorized expression. Also, only communications from Proposers, which are signed, and in writing will be recognized by the City as duly authorized expressions on behalf of the Proposer. V. EVALUATION OF PROPOSALS A. Evaluation Method and Criteria Proposals will be evaluated and scored using the criteria listed below: CRITERIA POINT RANGE A. Successful similar Florida entitlement city experience 0-30 B. Management and staffing 0-25 C. Familiarity or ability to become familiar with local needs 0-20 D. Approach 0-15 E. Certified Minority or Woman Owned Business 0-5 F. Price (price will not be the deciding factor for award) 0-15 Maximum Points 110 These weighted criteria are provided to assist the Proposers in the allocation of their time and efforts during the submission process. The criteria also guide the Evaluation Committee during the short -listing and final ranking of Proposers by establishing a general framework for those deliberations. Short listed Proposers may be selected to give a presentation to the Evaluation Committee prior to a recommendation being presented to the City Commission. As the best interest of the CITY may require, CITY reserves the right to reject any and all Proposals or to waive any minor irregularity or technicality in Proposals received. Proposers are cautioned to make no assumptions unless their Proposal has been evaluated as being responsive. The successful Proposer shall be required to execute a City contract covering the referenced scope of services and setting forth the duties, rights and responsibilities of the parties. This contract must be executed by the successful Proposer prior to recommendation of award and presentation to the City Commission. P T r : ; Sr)n VI. GENERAL INFORMATION AND SCHEDULE OF EVENTS For general questions concerning the Request for Proposal documents, contact the Senior Procurement Specialist, James Nicotra, at (954) 724-2450. For questions concerning the Scope of Services or requirements, contact Tammy Reed -Holguin, Economic Development Manager, at (954) 724-1344. Such contact is to be for clarification purposes only. Material changes, if any, to the Scope of Services, or Proposal procedures will only be transmitted by written addendum. The target schedule of events is as follows: Event Date (on or by) 1. Issuance of Request for Proposals 09/22/2003 2. Opening of Proposals 11/05/2003 3. Proposal Evaluations 11/19/2003 4. Presentations 12/03/2003 5. Complete Negotiations 01/14/2004 6. Award of Contract 01/30/2004 CITY reserves the right to revise scheduled dates. VII. AWARD OF CONTRACT The contract shall be awarded to the responsible Proposer whose Proposal is determined to be the most advantageous to CITY, taking into consideration the evaluation factors and criteria set forth in the Request for Proposals. Be advised that the CITY is prepared to award individual contracts for each service or multiple services or any other combination of services as CITY deems in its best interests. 0II=I:ZL•l:lei = PLEASE HAVE YOUR INSURANCE REPRESENTATIVE CAREFULLY REVIEW ANY INSURANCE COVERAGES AND CONDITIONS PRIOR TO SUBMITTING YOUR PROPOSAL TO ENSURE COMPLIANCE WITH THE INSURANCE REQUIREMENTS OF THE INSTRUCTIONS TO OFFERORS. INSTRUCTIONS TO OFFERORS STANDARD TERMS AND CONDITIONS RFP 04-01 R 1. DEFINED TERMS Terms used in these Instructions to Offerors are defined and have the meanings indicated as follows: "Offeror" - this term is interchangeable with "Proposer". "Proposer" - one who submits a Proposal directly to CITY, as distinct from a Sub - Offeror, who submits a Proposal to the Offeror. "Successful Proposer" - the qualified, responsible and responsive Proposer to whom CITY (on the basis of CITY'S evaluation as hereinafter provided) makes an award. "City" - City of Tamarac, a municipal corporation of the State of Florida. "Proposal Documents" - the Request for Proposals (RFP), Instructions to Offerors, Proposer's Submittal, Certification, Certified Resolution, Offeror's Qualifications Statement, Non -Collusive Affidavit, Foreign Corporations Statement, Vendor Drug Free Workplace Statement, and all Addenda issued prior to receipt of Proposals. "Consultant" shall mean the individual(s) or firm(s) to whom the award is made and who executes the Contract Documents. x. SPECIAL CONDITIONS Any and all Special Conditions that may vary from the General Conditions shall have precedence. 3. EXAMINATION OF CONTRACT DOCUMENTS Before submitting a Proposal, each Proposer must: (a) consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, or performance of the work, (b) study and carefully correlate the Proposer's observations with the Proposal Documents; and (c) notify the Purchasing and Contracts Manager or designee of all conflicts, errors or discrepancies, if any, in the Proposal Documents. The Proposer, by and through the submission of a Proposal, agrees that they shall be held responsible for having familiarized themselves with the nature and extent of the work, any local conditions that may affect the work, and the materials and labor required to perform the work. 4. SPECIFICATIONS 4.1 The apparent silence of the Scope of Services as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best } Tc: S c, crr,.�a Divisran commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the Scope of Services shall be made on the basis of this statement. 4.2 The Scope of Services delineated in Section II is for general information purposes only. It can be used in whole or in part as the basis of your firm's proposed program. After review of the current program, the Proposer may offer an alternate approach, which would result in the successful administration of these grant programs. 4.3 Any manufacturers' names, trade names, brand names, information and/or catalog numbers used herein are for the purpose of describing and establishing a general standard of quality, performance and characteristics and are not intended to limit or restrict competition. The Proposer may offer any brand, which meets or exceeds the specifications for any item(s). If a Proposal is based on equivalent products, indicate on the Proposal the manufacturer's name and catalog number. Proposer shall submit with their Proposal complete, descriptive literature and/or specifications. The Proposer should also explain in detail the reason(s) why and submit proof that the proposed equivalent will meet the specifications and not be considered an exception thereto. The determination of equivalency shall rest solely with the CITY. If Proposer fails to name a substitute, it will be assumed that they are bidding on and they will be required to furnish goods identical to Proposal standards. 5. INTERPRETATIONS AND ADDENDA If the Proposer should be in doubt as to the meaning of any of the Proposal Documents, is of the opinion that the Conditions and Specifications contain errors or contradictions or reflect omissions, or has any question concerning the conditions and specifications, they shall submit a written request directed to the Purchasing and Contracts Manager or designee for interpretation or clarification. Such request must reference the date of Proposal opening and Proposal number and should be received by the Purchasing and Contracts Manager or designee at least ten (10) calendar days before the date of the formal opening of the Proposals. Questions received less than ten (10) calendar days prior to the Proposal opening may not be considered or addressed. Interpretations or clarifications in response to such timely submitted questions will be issued in the form of written addenda to all parties recorded by CITY'S Purchasing and Contracts Manager or designee as having received the Proposal Documents. The issuance of a written addendum shall be the only official method whereby such an interpretation or clarification will be made. M ._.:-a. ;a•r;i ( yy. 6. COSTS AND COMPENSATION 6.1 Costs and compensation shall be shown in both unit amounts and extensions whenever applicable. In the event of discrepancies existing between unit amounts and extensions or totals, unit amounts shall govern. 6.2 All costs and compensation shall remain firm and fixed for acceptance for ninety (90) calendar days after the day of the Proposal opening. 6.3 The costs and compensation proposed shall include all franchise fees, royalties, license fees and other costs arising from the use by such design, equipment and/or materials in any way involved in the work as well as all costs of transporting and service to the required locations. 7. NON -COLLUSIVE AFFIDAVIT FORM Each Proposer shall complete the Non -Collusive Affidavit Form and shall submit the form with the Proposal. CITY considers the failure of the Proposer to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 8. PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a Consultant, supplier, subconsultant, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 9. CONFLICT OF INTEREST The award of any contract hereunder is subject to the provisions of Chapter 112, Florida Statutes. Proposers must disclose with their Proposal the name of any officer, director, partner, proprietor, associate or agent who is also an officer or employee of CITY or any of its agencies. Further, all Proposers must disclose the name of any officer or employee of CITY who owns, directly or indirectly, an interest of five percent (5%) or more in the Proposer's firm or any of its branches or affiliate companies. 10. PERFORMANCE BONDS AND INSURANCE Prior to acceptance of the proposal, the Successful Proposer, when required by the Special Conditions, shall submit performance bonds, certificates and/or policies of insurance in the manner, form and amount(s) specified in the Special Conditions. 14 r _ .......... ...................... ........................................ ............... ` .... ........................ ................. :.. ...._�.....'t..... `Division 11. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS The following is a summary of forms, which should be submitted by the Proposer to be considered responsive. These forms should accompany your firm's submittal, but must be provided with three (3) business days of City's request. a) Proposal b) Offeror's Certification c) Certified Resolution d) Offeror's Qualification Statement e) Non -Collusive Affidavit f) Foreign Corporation Statement g) Vendor Drug Free Workplace Statement h) Proof of Insurance 12. SUBMISSION OF PROPOSALS 12.1 Proposals must be typed or printed in ink. Use of erasable ink is not permitted. All corrections to prices made by the Proposer must be initialed. 12.2 Proposals must contain a manual signature of the authorized representative of the Proposer. Proposals shall contain an acknowledgment of receipt of all Addenda. The address and telephone number for communications regarding the Proposal must be shown. 12.3 Proposals by corporations must be executed in the corporate name by the President or other corporate officer accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown below the signature. 12.4 Proposals by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 12.5 Proposals shall be submitted at or before the time and at the place indicated in the Request for Proposals and shall be submitted in a sealed envelope (faxed proposals will not be accepted under any circumstances). The envelope shall be clearly marked on the exterior "GRANT ADMINISTRATION — CDBG, SHIP AND HOME PROGRAMS," and should state the name and address of the Proposer and shall be accompanied by any other required documents. No responsibility will attach to the Purchasing and Contracts Office for the premature opening of a Proposal not properly addressed and identified. ill T. ::. say. S 12.6 In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable state and federal law, the Request for Proposal and the responses thereto are in the public domain. However, the Proposers are requested to identify specifically any information contained in their Proposals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. 12.7 All Proposals received from Proposers in response to the Request for Proposal will become the property of CITY and will not be returned to the Proposers. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of CITY. 13. MODIFICATION AND WITHDRAWAL OF PROPOSALS Proposals may be modified or withdrawn by an appropriate document duly executed (in the manner that a Proposal must be executed) and delivered to the place where Proposals are to be submitted at any time prior to the deadline for submitting Proposals. A request for withdrawal or a modification must be in writing and signed by a person duly authorized to do so. Evidence of such authority must accompany the request for withdrawal or modification. Withdrawal of a Proposal will not prejudice the rights of an Proposer to submit a new Proposal prior to the Proposal opening date and time. After expiration of the period for receiving Proposals, no Proposal may be withdrawn or modified. 14. REJECTION OF PROPOSALS 14.1 To the extent permitted by applicable state and federal laws and regulations, CITY reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the work with the Successful Proposer, and the right to disregard all nonconforming, non -responsive, unbalanced or conditional Proposals. Proposal will be considered irregular and may be rejected, if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations, or irregularities of any kind. 14.2 CITY reserves the right to reject the Proposal of any Proposer if CITY believes that it would not be in the best interest of the CITY to make an award to that Proposer, whether because the Proposal is not responsive or the Proposer is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by CITY. 14 '. � it r w %ro 15. QUALIFICATIONS OF PROPOSERS Each Proposer shall complete the Qualifications Statement and submit the same with his Proposal. Failure to submit the Qualifications Statement and the documents required thereunder with the Proposal may constitute grounds for rejection of the Proposal. As a part of the Proposal evaluation process, CITY may conduct a reference check, up to and including a financial review utilizing national credit bureaus and financial reporting services. No proposal shall be accepted from, nor will any contract be awarded to, any person, who is in arrears to CITY, upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to CITY, or who is deemed irresponsible or unreliable by CITY. CITY reserves the right to make a pre -award inspection of the Proposer's facilities and equipment prior to award of Contract. 16. INSURANCE Contractor agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or Subcontractors, if any, with respect to the work and services described herein. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk and Safety Manager before beginning work under this Agreement. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurance required under this section prior to beginning any work under this Agreement. Contractor shall indemnify and save the City harmless from any damage resulting to it for failure of either Contractor or any Subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Contractor agrees to maintain during the term of this contract: Line of Business/ Coverage Commercial General Liability Including: Premises/Operations Contractual Liability Occurrence Aggregate $1,000,000 $1,000,000 Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause 15 Crpv r • ,. ) Automobile Liability Workers' Compensation & Employer's Liability Professional Liability (Errors and Omissions) Insurance $1,000,000 $1,000,000 Statutory $1,000,000 The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Proposer shall not commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Proposer's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Proposer's Workers' Compensation carrier will provide a Waiver of Subrogation to the City. The Proposer shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Proposer purchase a bond to cover the full amount of the deductible or self -insured retention. If the Proposer is to provide professional services under this Agreement, the Proposer must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability. The Successful Proposer agrees to perform the work under the Contract as an independent contractor, and not as a subcontractor, agent or employee of CITY. 17. INDEMNIFICATION GENERAL INDEMNIFICATION: To the fullest extent permitted by laws and regulations, Successful Proposer shall indemnify, defend, save and hold harmless the CITY, its officers, elected officials, agents and employees, harmless from any and all claims, damages, losses, liabilities and expenses, direct, indirect or consequential arising out of or in consequential arising out of or alleged to have arisen out of or inconsequential arising of the products, goods or services furnished by or operations of the Successful Proposer or their subcontractors, agents, officers, employees or independent Consultants pursuant to the Contract, specifically including but not limited to those caused by or arising out of (a) any act, omission or default of the Successful Proposer and/or their subcontractors, agents, servants or employees in the provision of the goods and/or services under the Contract; (b) any and all bodily injuries, sickness, disease or death; (c) injury to or destruction of tangible property, including the loss of use resulting there from; (d) the use of any improper materials; (e) a defective condition in any goods provided pursuant to the r, ...r ......__i1 f �: i. Contract, whether patent or latent; (f) the violation of any federal, state, county or municipal laws, ordinances or regulations by Successful Proposer, their subcontractors, agents, servants, independent Consultants or employees; (g) the breach or alleged breach by Successful Proposer of any term, warranty or guarantee of the Contract. The Successful Proposer shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Successful Proposer under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive CITY's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 18. WARRANTIES Successful Proposer warrants to CITY that the consummation of the work provided for in the Contract documents will not result in the breach of any term or provision of, or constitute a default under any indenture, mortgage, contract, or agreement to which Successful Proposer is a party. Successful Proposer warrants to CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. Successful Proposer warrants to CITY that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. All warranties made by Successful Proposer together with service warranties and guaranties shall run to CITY and the successors and assigns of CITY. 19. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Successful Proposer shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The Successful Proposer will take affirmative action to ensure that employees are treated during employment, without regard to their race, creed, color, or national original. Such action must include, but not be limited to, the following: employment, upgrading; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Successful Proposer(s) shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 77 r - :^ ^w^ ' 20. TAXES Successful Proposer shall pay all applicable sales, consumer use and other similar taxes required by law. 21. PERMITS, FEES AND NOTICES Successful Proposer shall secure and pay for all permits and fees, licenses and charges necessary for the proper execution and completion of the work. The costs of all permits, fees, licenses and charges shall be included in the price Proposal, except where expressly noted in the specifications requirement. 22. TERMINATION FOR CAUSE AND DEFAULT In the event Successful Proposer shall default in any of the terms, obligations, restrictions or conditions in any of the Proposal documents, CITY shall give written notice by certified mail, return receipt requested to Successful Proposer of the default and that such default shall be corrected or actions taken to correct such default shall be commenced within ten (10) calendar days thereof. In the event Successful Proposer has failed to correct the conditions of default or the default is not remedied to the satisfaction and approval of CITY, CITY shall have all legal remedies available to it, including, but not limited to termination of the Contract in which case Successful Proposer shall be liable for all procurement and reprocurement costs and any and all damages permitted by law arising from the default and breach of the Contract. 23. TERMINATION FOR CONVENIENCE OF CITY Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to Successful Proposer, CITY may without cause and without prejudice to any other right or remedy, terminate the agreement for CITY's convenience whenever CITY determines that such termination is in the best interests of CITY. Where the agreement is terminated for the convenience of CITY, the notice of termination to Successful Proposer must state that the Contract is being terminated for the convenience of CITY under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, Successful Proposer shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding subcontractors and purchase orders to the extent that they relate to the terminated portion of the Contract and refrain from placing further orders and subcontracts except as they may be necessary, and complete any continued portions of the work. 24. AUDIT RIGHTS CITY reserves the right to audit the records relating to this contract of Successful Proposer at any time during the performance and term of the Contract and for a period of three (3) years after completion and acceptance by CITY. If required by CITY, Successful Proposer shall agree to submit to an audit by an independent certified public accountant selected by CITY. Successful Proposer shall allow CITY to inspect, examine and review the records of Successful Proposer at any and all times during normal business hours during the term of the Contract. 13 i xrraoi F.,r f,asin �.crhacls Division fi ... y� 25. ASSIGNMENT 25.1 Successful Proposer shall not assign, transfer or subject the Contract or its rights, title or interests or obligations therein without CITY'S prior written approval. 25.2 Violation of the terms of this paragraph shall constitute a breach of the Contract by Successful Proposer and CITY may, at its discretion, cancel the Contract and all rights, title and interest of Successful Proposer shall thereupon cease and terminate. 26. OWNERSHIP OF DOCUMENTS Reports, surveys, studies and other data provided in connection with this Work are and shall remain the property of CITY, whether or not the project for which they are made is completed. RFP 04-01 R Grant Administration -- CDBG, SHIP and HOME Programs Price Proposal Form Fee Schedule Staff Position Estimated Hours Hourly Rate Extended Cost $ $ Not to Exceed Total Compensation $ Grant Name Proposed Percentage for: Community Development Block Grant (CDBG) Previous grant allocation: $519,000.00 % State Housing Initiatives Partnership (SHIP) % Previous grant allocation: $429,520.00 HOME % Previous rant allocation: $115,000.00 Please provide estimated percentages of the applicable grant, as indicated, that will be expended by your firm if awarded a contract as a result of this proposal. Total compensation for administrative and monitoring services shall not exceed grant limits. Name of Proposer: Print Name of Authorized Signer: Signature of Authorized Signer: 20 14m, N..... 0-i sign r r. CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL PARTNERSHIP0 CORPORATION OTHER If "Other", Explain: Authorized Signature Title Company Name City/State/Zip Fax Number Name (Printed Or Typed) Federal Employer I.D./Social Security No. Address Telephone Contact Person ..... . 11 of 1 cefi .- 7!ion ,_.•ij'V7 � t3. �:a.�..,. I.,%.r 1..:•. l L. ,li ran.. CERTIFIED RESOLUTION I, (Name), the duly elected Secretary of (Name of Corp.), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Name of Corp.) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation: and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE Given under my hand and the Seal of the said corporation this (SEAL) :_ SIGNATURE day of , 20_..._ Secretary Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired, Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. r..,. of c AP OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 881h Avenue Tamarac, Florida 33321 Company: Check One Contact Name: .... Corporation ._._...._..._.____...._..___... __.__.... ........_....._. ..W_._._�__._..-..____..._�._.._...�._.___........_..._............_._... Address: Partnership City, State, Zip Individual Telephone No. Fax No. Other 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: The address of the principal place of business is: 2. If Offeror is a corporation, answer the following: Date of Incorporation: State of Incorporation: President's name: Vice President's name: Secretary's name: Treasurer's name: Name and address of Resident Agent: Page 7 of 5 Offerors, Quaii,`i; a;io;, Staiefr,c•n1 I• e+ . �. �i T.i w�[��f]'.. �t%r,.t �<:%S. 1+(%I�1 �:'J :.� � J��r�Jl4�r 3. If Offeror is an individual or a partnership, answer the following: a) Date of organization: b) Name, address and ownership units of all partners: c) State whether general or limited partnership: 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? a) Under what other former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. 8. Have you personally inspected the site of the proposed work? 1:1 YES 1:1 NO 9. Do you have a complete set of documents, including drawings and addenda? El YES [:J NO 10. Did you attend the Pre -Proposal Conference if any such conference was held? El YES D NO _Prate 2 of 5 of°r.•rar's oualrf.++"abon Sta��.n+ent F 3'of ih..!•q, c �.^.•I•.!w..'S rJ!S,:]/' 1 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why: 12. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). Name Address Telephone 13. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 14. State the name of the individual who will have personal supervision of the work: 15. State the name and address of attorney, if any, for the business of the Offeror: 16. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: 17. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: Page 3, of 5�-----__.__. ..._.__._.—Cerots O.,ai icaric'Ir, SiliVerveot r r;r ,�UrG I13fir.7C v'rrr,3 v+i;i8'; .;r ,.,�..,,. . r 18. State the name of Surety Company which will be providing the bond, and name and address of agent: 19. Bank References: Bank Address Telephone _ 20. Attach a financial statement including Offeror's latest balance sheet and income statement showing the following items: a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings): 21. State the name of the firm preparing the financial statement and date thereof: 22. Is this financial statement for the identical organization named on page one? DYES El NO 23. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). Page 4 of 5 Offercr's oua - icavor S,ate;r.' t :f r'9r`i'9ri1 1 �:r'i:hao 'q ;� (:i:, '/aC1 Div S: The Offeror acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Offeror to be true. The discovery of any omission or misstatement that materially affects the Offeror's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. Signature IT«T.1► C81'AVl:4OIe] �LI=IL tl OFFEROR'S QUALIFICATION STATEMENT State of County of On this the day of , 20 _ , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath Page 5 ni 5 "'Werors (,qua if ci'inor sta'Ielrlcmt NON -COLLUSIVE AFFIDAVIT State of ) )ss. County of ) being first duly sworn, deposes and says that: 1. He/she is the , (Owner, Partner, Officer, Representative or Agent) of , the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection -with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: By Witness Witness Printed Name Title ... Page 7 of-' Af5davl T. ,.., i c Cllb !-if. d:7,nrr„XM 11 ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/shelthey executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: IN%J 1 Mr% T r-UDLIU, a 1 M I C ur r L%JrCIUM (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath ......... .. .............. Yaae 2 of 2 Non -Collusive Arfi; avit Acav rV 7, rrarac FOREIGN (NON-FLORIDA) CORPORATIONS MUST COMPLETE THIS FORM DEPARTMENT OF STATE CORPORATE CHARTER NO. If your corporation is exempt from the, requirements of Section 607.1501, Florida Statutes, YOU MUST CHECK BELOW the reason(s) for the exemption. Please contact the Department of State, Division of Corporations at (850) 245-6051 for assistance with corporate registration or exemptions. 60T 1501 Authority of foreign corporation to transact business required. (1) A foreign corporation may not transact business in this state until it obtains a certificate of authority from the Department of State. (2) The following activities, among others, do not constitute transacting business within the meaning of subsection (1): ❑ (a) Maintaining, defending, or settling any proceeding. ❑ (b) Holding meetings of the board of directors or shareholders or carrying on other activities concerning internal corporate affairs. ❑ (c) Maintaining bank accounts. [] (d) Maintaining officers or agencies for the transfer, exchange, and registration of the corporation's own securities or maintaining trustees or depositaries with respect to those securities. ❑ (e) Selling through independent contractors. ❑ (f) Soliciting or obtaining orders, whether by mail or through employees, agents, or otherwise, if the orders require acceptance outside this state before they become contracts. ❑ (g) Creating or acquiring indebtedness, mortgages, and security interests in real or personal property. E] (h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts. ❑ (i) Transacting business in interstate commerce. ❑ Q) Conducting an isolated transaction that is completed within 30 days and that is not one in the course of repeated transactions of a like nature. ❑ (k) Owning and controlling a subsidiary corporation incorporated in or transacting business within this state or voting the stock of any corporation which it has lawfully acquired. ❑ (1) Owning a limited partnership interest in a limited partnership that is doing business within this state, unless such limited partner manages or controls the partnership or exercises the powers and duties of a general partner. ❑ (m) Owning, without more, real or personal property. (3) The list of activities in subsection (2) is not exhaustive. (4) This section has no application to the question of whether any foreign corporation is subject to service of process and suit in this state under any law of this state. Please check one of the following if your firm is NOT a corporation: (1) ❑ Partnership, Joint Venture, Estate or Trust (II) ❑ Sole Proprietorship or Self Employed OTE: This sheet MUST be enclosed with your bid if you claim an exemption or have checked I or II above. If you do not check I or II above, your firm will be considered a corporation and subject to all requirements listed herein. BIDDER'S CORRECT LEGAL NAME SIGNATURE OF AUTHORIZED AGENT OF BIDDER VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Authorized Signature Company Name C COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, N5R POLICY EFFECYIVE POLICY EXPIRATION LIMITS TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (An I one lire) =CLAIMS MADE = OCCUR MED EXP (Amy one person Must Include General Liability PERSONAL & ADV INJURY GENERAL AGGREGATE GEWL AGGREGATE LIMIT APPLIES PER. PRODUCTS • COMPIOI AGG { policy project IOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS SAMPLE CERTIFICATE HIRED AUTOS NON -OWNED AUTOS AUTO ONLY - EA ACCIDENT GARAGE LIABILITY ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG EACH OCCURRENCE EXCESS LIABILITY OCCUR CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION $ w A u- WORKERS COMPENSATION AND IY LIMITS EMPLOYERS. LIABILITY E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLC E.L. DISEASE • POLICY LI OTHER Certificate must contain wording similar to what appears below "THE CERTIFICATE HOLDER IS NAMED AS ADDITIONALLY INSURED WITH REGARD TO GENERAL LIABILITY" CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Tamarac IL 20 DAYS WRITTEN 7525 NW 88th Avenue City Must Be Named as Certificate Holder `EFT. Tamarac FL 33321 AUTHORIZED REPRESENTATIVE 25-S (7197) (DACORD CORPORATION 1988 r SAMPLE AGREEMENT BETWEEN THE CITY OF TAMARAC AND THIS AGREEMENT is made and entered into this day of 2003 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and , a corporation with principal offices located at (the "Consultant") to provide for CDBG, SHIP and HOME Program Grant Administration Services. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Consultant agree as follows: 1) The Contract Documents The contract documents shall consist of this Agreement, conditions of Request for Proposal (RFP) 04-01 R, general, supplementary and other conditions, all addenda, Proposal executed and submitted by the Consultant, specifications, bond(s), and insurance certificate(s), the City Resolution awarding the project, and all modifications issued after execution of this Agreement. These documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. 2) The Work The Consultant shall perform all work for the City required by the contract documents, as set forth below: a) Consultant shall furnish all labor, materials, and equipment necessary to administer the CDBG, SHIP and HOME grant programs. b) Consultant shall administer the referenced grant programs as outlined in the Scope of Work included in RFP 04-01 R. c) Consultant shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Consultant shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Consultant shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Consultant's expense. d) Consultant shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. _... ..... .... ` e) Consultant shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Consultant, its employees, agents or subconsultants, if any, with respect to the work and services described herein. 3) Changes in Scope of Work City or Consultant may request changes that would increase, decrease or otherwise modify the Scope of Services to be provided under this Agreement. Such changes must be in accordance with the provisions of the Code of Ordinances of the City and must be contained in a written amendment, executed by the parties thereto, prior to any deviation from the terms of this Agreement, including the initiation of any extra work. In no event will the Consultant be compensated for any work that has not been described in a separate written agreement executed by the parties hereto. 4) Insurance Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount as required by the City's Risk and Safety Officer before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant shall provide to the City's Risk and Safety Officer certificates of all insurances required under this section prior to beginning any work under this Agreement. The Consultant will ensure that all subconsultants comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. Consultant shall indemnify and hold the City harmless for any damages resulting from failure of the Consultant to take out and maintain such insurance. Consultant's Liability Insurance policies shall be endorsed to add the City as an additional insured. Consultant shall be responsible for payment of all deductibles and self-insurance retentions on Consultant's Liability Insurance policies. 5) Term The work shall begin upon execution of the Agreement and continue for an initial one-year term, with the provision for two (2) additional one-year renewals, based upon mutual agreement of the parties, in writing, prior to the expiration of the current term. 6) Contract Sum The contract sum for the above Work is based on a percentage of the grant amount, as agreed upon by both parties and within federal and state limits. Payments are based on work accomplished and the hourly rates as outlined in the Consultant's proposal. 7) Payments City agrees to compensate Consultant for all services performed by the Consultant pursuant to the provisions of this Agreement, based on the hourly rate Fee Schedule set forth in Exhibit of the Request for Proposals and attached hereto and made a part 3 ._........ hereof provided, however, amount may not be exceeded without a written amendment to this Agreement. Consultant shall be entitled to invoice bi-weekly, identifying the nature of the work performed, and including the total hours and job classifications of persons performing the Work. Monthly reports addressing activities undertaken, program progress, client status and financial status must be submitted with the second invoice of each month as per the Scope of Services which is made part of this Agreement. 8) Indemnification GENERAL INDEMNIFICATION: To the fullest extent permitted by laws and regulations, Successful Proposer shall indemnify, defend, save and hold harmless the CITY, its officers, elected officials, agents and employees, harmless from any and all claims, damages, losses, liabilities and expenses, direct, indirect or consequential arising out of or in consequential arising out of or alleged to have arisen out of or inconsequential arising of the products, goods or services furnished by or operations of the Successful Proposer or their subconsultants, agents, officers, employees or independent Consultants pursuant to the Contract, specifically including but not limited to those caused by or arising out of (a) any act, omission or default of the Successful Proposer and/or their subconsultants, agents, servants or employees in the provision of the goods and/or services under the Contract; (b) any and all bodily injuries, sickness, disease or death; (c) injury to or destruction of tangible property, including the loss of use resulting there from; (d) the use of any improper materials; (e) a defective condition in any goods provided pursuant to the Contract, whether patent or latent; (f) the violation of any federal, state, county or municipal laws, ordinances or regulations by Successful Proposer, their subconsultants, agents, servants, independent Consultants or employees; (g) the breach or alleged breach by Successful Proposer of any term, warranty or guarantee of the Contract. The Successful Proposer shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Successful Proposer under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive CITY's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 9) Non -Discrimination The Consultant agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The Consultant further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 10) Independent Contractor Consultant is an independent Consultant under this Agreement. Personal services provided by the Consultant shall be by employees of the Consultant and subject to supervision by the Consultant, and not as officers, employees, or agents of the City. cwr r •,r;. AWL 7w Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Consultant. 11) Assignment and Subcontracting Consultant shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 12) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONSULTANT 13) Termination This Agreement may be terminated by City or Consultant for cause or by the City for convenience, upon thirty (30) days of written notice by the terminating party to the other party for such termination in which event the Consultant shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Consultant abandons this Agreement or causes it to be terminated, Consultant shall indemnify the city against loss pertaining to this termination. Default by Consultant: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Consultant neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Consultant of written notice of such neglect or failure. ....... ... 14) Agreement Subject to Funding This agreement shall remain in full force and effect,only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 15) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 16) Signatory Authority The Consultant shall provide the City with copies of requisite documentation evidencing that the signatory for Consultant has the authority to enter into this Agreement. 17) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 18) Merger; Amendment This Agreement constitutes the entire Agreement between the Consultant and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Consultant and the City. r•'�^i Sr77f3'E3?: . � ___..VL'r_`�^�,.crr_c & Cc_rtr�,�_,•_ ^. �:>ic:n _.._ ._ � i IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. City of Tamarac, through its Mayor and City Manager, and , signing by and through its , duly authorized to execute same. CITY OF TAMARAC Joe Schreiber, Mayor Date ATTEST: Jeffrey L. Miller, City Manager Marion Swenson, CIVIC Date: City Clerk Approved as to form and legal sufficiency: Date Mitchell S. Kraft, City Attorney ATTEST: Company Name (Corporate Secretary) Signature of President/Owner Type/Print Name of Corporate Secy. Type/Print Name of President/Owner (CORPORATE SEAL) Date 6 CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , of , a Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of , 20 Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. FA BR-,` ; :WARD COUNTY COPY Exhibit "B" BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION PROPOSAL RESPONSE TO CITY OF TAMARAC "RFP 04-01 R, GRANT ADMINISTRATION- CDBG, HOME, AND SHIP PROGRAMS Submitted by: Broward County Community Development Division 115 South Andrews Avenue, 3rd Floor, Room 310 Fort Lauderdale, FL. 33301 (954) 357-5800 November 4, 2003 TABLE OF CONTENT PART ONE: MANAGEMENT & ADMINISTRATION....................................................... 4 PART TWO: MANAGEMENT CAPACITY....................................................................... 7 Prior Related Experience........................................................................................................ 7 Management and Staffing Capabilities............................................................................ 8 Community Development Block Grant (CDBG) Monitoring Plan .................................... 11 PART THREE: APPROACH TO IMPLEMENTATION OF CITY OF TAMARAC'S CDBG, HOME & SHIP PROGRAMS.........................................................................................15 PRICE PROPOSAL......................................................................................................16 EXHIBIT"A"..................................................................................................................17 SCOPE OF SERVICES.........................................................................................................17 EXHIBITB..................................................................................................................... 21 ORGANIZATIONAL CHART.................................................................................................21 3 PROPOSAL TO ADMINISTER COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME & SHIP PROGRAMS FOR THE CITY OF TAMARAC TECHNICAL PROPOSAL (MANAGEMENT AND MONITORING PLAN) The Broward County Community Development Division is highly qualified, experienced and immediately prepared to provide the requested services: The Community Development Division is located at 115 South Andrews Avenue, Room 310, in the City of Fort Lauderdale, Broward County. 2. The Community Development Division is multi -disciplinary and has been implementing all phases of the Community Development Block Grant Program for 29 years. The Division also implemented State Housing Initiatives Partnership (SHIP) Program activities from its inception in 1992 to 2000, covering all aspects of this program. 3. The Community Development Division has been and continues to be responsible for both the development and implementation of all planning documents for the Community Development Block Grant Program, inclusive of the Consolidated Strategic Plan, the Annual Action Plan, the Grantee Performance Report (CAPERS), the Integrated Data Information Systems (IDIS) and the Community 2020 Planning Program. 4. The Community Development Division has and continues to implement the U. S. Department of HUD Consolidated Planning System. The Division has successfully developed two 5 Year Consolidated Strategic Plans, FY 2000 - 2004 and the corresponding Annual Action Plans for Fiscal Years 2000 — 2003. Staff from the Division has attended Consolidated Planning Training offered by the U.S. Department of HUD, as well as, IDIS, the Environmental Review process, and a variety of other courses over the years. 5. The Community Development Division has been awarded numerous Federal and State grants through the application process. The Division successfully implemented an Economic Development Administration (EDA) Grant for the development of a comprehensive economic development plan for the Central County area. In addition, the Division was awarded a Fair Housing Initiatives Program (FHIP) grant to coordinate Fair Housing activities and a special State of Florida grant for the commercial revitalization of the Broward Boulevard corridor from NW 71h Avenue to State Road 7. The Division has also successfully implemented both loan and grant programs for both housing and commercial purposes. For 25 years the Division has administered a housing rehabilitation grant and loan program and for the last ten years, the Division has administered a Commercial Loan Program and periodically, a Commercial Facade Program. 4 6. The Community Development Division has a section which handles capital improvement projects, and within that section is a staff person who handles the Davis - Bacon Act requirements, from obtaining the wage rates from the U.S. Department of HUD to preparation of the bidding documents, to the pre -bid conferences, to the preconstruction conferences, to the review of the proposed contracts, subcontractors and contractors, the monitoring of construction and contracts and approval of billings where Davis- Bacon is involved. The Division has experience in restitution if it is needed. 7. The Community Development Division has implemented the IDIS system and has more than adequate capacity for data entry into the system, project set-ups and production of expenditure reports. 8. Community Development Division representatives frequently make presentations to a variety of groups at all levels. These groups include, city officials, the Board of County Commissioners, State of Florida Legislators, and university officials. These presentations cover a wide range of urban affairs, community development and redevelopment topics and issues. 9. The Community Development Division has been involved in affordable housing for the past 12 years through the Community Development Block Grant, HOME Investment Partnerships Program, the Emergency Shelter Grants Program and the State Housing Initiatives Partnerships Program. All Affordable Housing Projects requesting Broward County impact fee waivers are reviewed and certified through the Division. The Division has experience working directly with clients to both purchase and rehabilitate housing for both owner -occupied single families and also rental housing. The Division staff is comfortable and experienced dealing with all aspects of affordable housing users from the homeowner to the developer to the Community Development Corporation to the nonprofit organization. 10. The Division has worked with nonprofit organizations, lenders and related parties since its inception. Nonprofit sub -grantees has utilized the various forms of funding (e.g. CDBG, HOME, ESG, SHIP) and have implemented programs such as day care centers, elderly services, clear title legal assistance, after school programs, crime prevention, etc. Division representatives work closely with lenders who participate in the Commercial Loan Program, the Enterprise Zone Development Program, the Housing Rehabilitation Programs, and the SHIP programs. 11. Staff persons in the Division have been trained in the Department of Community Affairs Income Compliance training for the SHIP program. In addition, numerous individuals within the Division conduct income certifications for CDBG. 12. Division staff persons have completed the State of Florida Housing Initiatives Program, Program Administration for Home Ownership Programs Training. 13. Staff persons will assist the City in meeting financial, administration and monitoring requirements of the programs, including enforcement of labor standards and conducting pre -construction conferences as required. 14. Staff persons will prepare preliminary and final close out reports as required upon completion of the programs. 15. Staff persons will assist the City in meeting financial, administrative and bookkeeping requirements of the programs, including preparation of requests for payment. 16. Staff persons will assist the City in meeting record keeping requirements of the programs, including the establishment and maintenance of the programs. 17. Staff persons will furnish the City with forms required for implementation of the project activities included in the applications. 18. Staff persons will furnish staff training necessary to carry out project activities. 19. Staff persons will prepare any reports required to complete the programs. 20. Staff persons will assist the City in administering its commercial revitalization, housing rehabilitation, public facilities and improvement, removal of architectural barriers, crime prevention, and planning and administration activities as required in the programs. Gl PRIOR RELATED EXPERIENCE The Community Development Division has the following relevant experience: As a primary funding source, the Community Development Division has successfully prepared, implemented and managed contracts and agreements with sub -recipient agencies for twenty nine years. 2. The Community Development Division has successfully created and prepared documents such as applications for funding for over twenty nine years. 3. The Division has successfully implemented both loan and grant programs for recipients of both housing grants/loans and commercial grants/loans. For 27 years the Division has administered a housing rehabilitation grant and loan program and for the last 10 years, the Division has administered a Commercial Loan Program and periodically, a Commercial Facade program. 4. The Division's Community Consulting Section is responsible for capital improvement and infrastructure projects. Section staff handle the Davis - Bacon Act requirements, obtain wage rates from the U.S. Department of HUD, prepare bid documents, pre -bid and pre -construction conferences. They also review proposed contracts from contractors and subcontractors, monitors construction and contracts as well as approval of billings where Davis - Bacon is involved. The Section Manager, Ron Bono, has attended HUD Davis -- Bacon training. The Division also has experience in restitution if it is needed. 5. The Community Development Division has been involved in affordable housing for the past 29 years through the Community Development Block Grant Program (CDBG), HOME Investment Partnerships Program, the Emergency Shelter Grants Program (ESGP) and the State Housing Initiatives Partnership (SHIP) Program. The Division reviews and certifies Broward County affordable housing impact fee waiver requests. The Division has experience working directly with clients to both purchase and rehabilitate housing for owner occupied single family units as well as rental housing units. Division staff is comfortable and experienced with all aspects of affordable housing users from the homeowner to the developer to the Community Development Corporation to the nonprofit organization. 6. The Division has worked with nonprofit organizations, lenders and related parties since its inception. Nonprofit sub -grantees have utilized the various sources of funding (CDBG, HOME, ESGP, and SHIP) and have implemented programs such as day care centers, elderly services, clear title assistance, after school programs, crime prevention, affordable housing, etc. 7. The Division currently works with other municipalities in South Florida on a contractual basis to implement their CDBG and HOME programs. We are currently managing the CDBG and HOME programs for the City of Coral Springs. 'rJ In addition, we assisted the City of North Miami in the management of their CDBG program from February, 2001 to March, 2003. The Division is currently managing the HOME program only in the Cities of Miramar, Plantation, Margate, and Deerfield Beach. There is a possibility that we may manage the Town of Davie's HOME funds but that has not yet been determined. The Division also manages the CDBG allocations for eleven cities that participate in our Urban County Program. Those cities are Coconut Creek, Cooper City, Dania Beach, Hallandale Beach, Lauderdale -by -the Sea, Lauderdale Lakes, Lighthouse Point, North Lauderdale, Oakland Park, Pembroke Park and Wilton Manors. MANAGEMENT AND STAFFING CAPABILITIES Firm: Broward County Community Development Division 115 South Andrews Avenue, Room 310 Fort Lauderdale, FL 33301 (954) 357-5801 telephone (954) 765-4919 fax 2. Type of Organization and Year Established: Broward County Government Community Development Division established in 1976 3. Principal of Firm and Subcontractors: Ray Lubomski, Director Community Development Division 4. Name of Contact Person Supervising Project: Suzanne R. Fejes, Assistant Director Community Development Division 5. Description of Team: Ray Lubomski, Director (954 - 357-5801) Community Development Division Mr. Lubomski, a Civil Engineer, has over 20 years of public administration experience and has been the Division Director for five years. Mr. Lubomski will handle administrative oversight of the project. Mr. Lubomski is the Past - President of the Florida Community Development Association (FCDA) and is a current Board member. K Suzanne R. Fe'es Assistant Director f954 - 357-5802) Community Develo ment Division Ms. Fejes has over 20 years of Community Development Block Grant experience and directed the development of the Broward County Consolidated Strategic Plan as submitted in 1995 and 2000. She has been with the Broward County Community Development Division for over 13 years and will supervise the programs on a daily basis. Krish Lalii, Assistant to the Director (954 - 357-5804) Community Develo ment Division Mr. Lalji oversees the Division's fiscal management operations and supervises the monitoring of sub -grantee contracts. He would be actively involved in dealing with reporting and oversight of contracts with other organizations. Ron Bono Municipal Associates Manner (954_- 357-5809) Communit Development Division Mr. Bono is a public administrator who has worked for Broward County for 25 years. He coordinates the management and implementation of the Division's major capital construction projects. Additionally, his section is responsible for the development and execution of CDBG and ESG funding agreements. They monitor all Davis -Bacon prevailing wage rates and provide consulting services to municipalities. Bettie Jenkins Housing Development Manager 954 — 357-5811 Communit Development Division Ms. Jenkins has over 20 years of CDBG experience in housing. Her staff handles all single family housing rehabilitation activities, for both the Division and ti other cities (e.g. Coral Springs, Wilton Manor, Lighthouse Point). } `' Lucy HartFiscal Manager 954 - 357-5810 Community Development Division Ms. Harty, has an MBA and 11 years experience with Broward County, two of which are with the Division. She handles the Division's day-to-day fiscal operations, and oversees accounting and billing for subcontracts. Fredrick Shepherd, Planning & Grants Administration Manage 954 — 357-5806) Community Development Division Mr. Shepherd, a public administrator, also has over 20 years of Community Development Block Grant experience in a variety of settings, inclusive of consulting contracts, IDIS, Community 2020 and county governments. His section also handles the RFP Application Process, the Enterprise Zone, economic development projects, HOME projects and Fair Housing. Mr. Shepherd has also functioned as a County SHIP Administrator, has prepared a Local Housing Assistance Plan (LHAP) and a SHIP Monitoring Plan. 9 Katherine Randall Planning & Grants Management Sl2ecialist II — 954-357-5807 Community Development Division Ms. Randall is responsible for completing the Consolidated Annual Performance Evaluation (CAPER), the Environmental Review Process (ERR), Fair Housing issues, completing the Analysis of Impediment to Fair Housing and administering the Integrated Disbursement and Information System (IDIS). Her Community Development Block Grant experience includes the development of the City of Pembroke Pines Consolidated Plan and implementation of CDBG program activities for the Cities of Pembroke Pines, Miramar, Tamarac, and Cooper City. She has also completed the CAPER, ERR, and IDIS activities for the Cities of Pembroke Pines, Miramar and Tamarac. 10 Communitv Development Block Grant (CDBG1 Monitorina Plan The Broward County Community Development Division will develop a monitoring plan for the City of Tamarac that will include Monitoring Standards and Procedures to cover activities and programs funded by the Community Development Block Grant Program (CDBG), HOME Investment Partnerships (HOME), and State Housing Initiatives Partnership (SHIP) programs. This document will include standards and procedures that will be used to monitor City funded activities in the major categories prioritized in the City's Consolidated Plan and LHAP. The extent to which barriers to affordable housing can be removed and minority business outreach initiatives are effective will also be monitored for performance purposes. The City will monitor the extent to which its Consolidated Plan is consistent with its Comprehensive Plan. Once the City has contracted with the Broward County Community Development Division to el monitor activities for its projects, sub -recipients approved for funding agreements will be provided a Procedures Manual for Sub -recipients. This manual illustrates the standards and procedures they must comply with in order to fiscally and programmatically work effectively with the City of Tamarac. Also, the funding agreement includes, under Exhibit "C", a timetable/schedule for projects. This is comprised of specific work tasks, a start-up date and a completion date. Sub -recipients are also required to submit, under Exhibit "D", Monthly Progress Reports, chronologically detailing the steps taken to meet the quantifiable objectives enumerated in Exhibit "C". Monthly Progress Reports are intended to provide an update on a sub -recipients progress in meeting agreed upon objectives; they should include federally mandated reporting information, such as, matching contributions, contracts let to minority and women owned businesses and statistics on any relocations. In certain instances, additional information is required of sub -recipients so that Division staff working on behalf of the City can effectively engage in desk monitoring activities. Items such as environmental review documents, documentation provided by escrow/title companies, etc., necessary for determining compliance with certain policies may be requested as necessary. In-house staff monitors the timely expenditure of CDBG and HOME program funds on an on- going basis. Monthly Progress Reports, reimbursement requests and IDIS draw downs are tracked and documented regularly to ensure that HUD expenditure rates are met. If expenditure rates fall below the norm, staff contacts sub -recipients immediately to try to resolve any impediments to getting funds spent in a timely manner. If a sub -recipient cannot move forward in a timely manner due to circumstances beyond their control, funds will then be reprogrammed and used for activities where they can be expended in a more expeditious manner. A similar process will also be used for SHIP. The major categories that may be identified in a Consolidated Plan are Housing, Living Environment, and Economic Opportunities. Activities implemented under these categories may be carried out by sub -recipients. Sub -recipients are generally non-profit organizations. Actions to be taken toward monitoring performance in meeting goals and objectives for these types of activities are as noted: 1. Staff will conduct desk monitoring during all stages of each project based on a combination of risk analysis and random sample. Documented desk monitoring includes the following: a detailed review of the sub -recipient's agreement, including national objectives, eligible activities, cost reasonableness, anti - speculation, citizen and public participation and certifications; requests for payment; ERR; procurement and contracting; acquisition; construction bids/contracts; labor standards, weekly payrolls employee reviews; Section 3; housing rehabilitation guidelines; home ownership assistance guidelines; monthly progress reports; sub -recipient agreements' closeout reports and audits. After a document such as a monthly progress report is desk monitored, the sub -recipient is notified in writing, as to whether the document is compliant or what corrective actions are needed with a date for such to be completed. 2. Staff will also conduct on -site monitoring visits at least twice a year for non-profit organizations and once a year for governmental organizations. Additionally, the frequency of an on -site visit may be based on risk analysis which takes into account the following: prior desk and on -site monitoring of both the specific project being reviewed and prior projects; the knowledge and experience of the administrative staff; staff turnover; the date of the last on -site visit; the nature and complexity of project undertaken; project revisions; audit concerns and complaints. During the on -site monitoring, samples of files are reviewed and the project sites are visited to ensure conformance with the information in the inter- agency agreement. The Broward County Community Development Division employs full time Financial Advisors and Housing Construction Inspectors in its Housing Development Section. This would include a listing of all items to be constructed, repaired or replaced. Code violations are identified and must be included in the work write-up with an estimated cost associated with them. Additionally, the inspectors conduct on -site inspections during the time that construction is underway to ensure that all rehabilitation and reconstruction projects funded by CDBG, HOME or SHIP funds comply with City Housing Codes and Housing Quality Standards. Funds are not released until the project has passed a substantial completion walk through and a certificate of occupancy is issued. 12 All staff would be able to implement Housing Rehabilitation Program activities from applicant eligibility to construction closeout. As part of the eligibility process, a site visit to the property is be conducted and a work write-up is completed. County Monitoring Unit and Fiscal Management Section staff, on behalf of the City, carry out periodic monitoring and evaluation activities as deemed necessary. Fiscal monitoring is conducted at least twice a year for every non-profit sub -recipient. At least one fiscal monitoring visit per year is conducted for each governmental sub -recipient. Fiscal monitoring visits cover the following: 1. Financial management of governmental activities will be reviewed for compliance with applicable requirements of 24 CFR 85.20 entitled "Standards for Financial Management Systems"; CFR 85.26 "Non -Federal Audits"; CFR 85.42 "Retention and Access Requirements for Records". Financial requirements for non-profit entities will be reviewed for compliance with requirements of OMB Circular A•110, Subpart C, Sections 110.20-110.28 and 110.50-110.53 on Financial Management Systems. 2. Procurement procedures will be examined to determine compliance with CFR 85.36 (governmental entities) and OMB Circular A-110, Subpart C, Sections 110.40-110.48 (non -profits). 3. Allowable costs will be checked by a review of expenditures for compliance with the sub -recipient agreement and OMB Circulars A-87 (governmental entities) and A-122 (non-profit organizations). 4. All sub -recipients expending more than $5,000 of grant funds from the City are required to provide an organization -wide audit prepared by an Independent Certified Public Accountant licensed by the State of Florida, in accordance with Generally Accepted Accounting Principle and OMB Circular -133 entitled Audits of States, Local Government and Non -Profit Organizations" as applicable. This report will be used as an essential tool in the monitoring of sub -recipients. 5. Prior to receipt of any grant funds, new recipients will be visited to ensure that they have an adequate accounting system in place with proper controls to account for all grant funds and to safeguard City assets. 13 Programmatic, on -site monitoring will be conducted at least twice a year by Monitoring Unit staff utilizing both fiscal and programmatic monitoring checklists. These checklists are an attachment to the Monitoring Plan. Additional monitoring visits may be conducted if needed to review non-profit sub -recipients. Governmental sub -recipients will be monitored at least once per year. Monitoring visits may be conducted for new sub -recipients when they are initially funded. They will also be monitored once sufficient progress has been made with their scope of services so that a valid judgement can be made, yet early enough to avoid major problems. Monitoring Unit staff will: 1. Analyze sub -recipients to determine strengths and weaknesses. 2. Monitor actual performance against the activities timetable in the sub -recipient agreement. 3. Make sure all documents/reports are submitted to the Community Development Division in a timely manner. 4. Review client files for eligibility as applicable. 5. Ensure that corrective actions are taken to resolve deficiencies and program weaknesses. 6. Ensure that sub -recipients are engaged in minority business outreach efforts and that they comply with equal opportunity requirements. 7. Ensure that activities funded comply with the City of Tamarac's Comprehensive Plan. Following the monitoring visit, a monitoring report listing the results of the visit is submitted to the Division Director for his comments. This report will include all findings, concerns and corrective actions. Once the Division Director has had the opportunity to provide his comments on the monitoring report, a Monitoring Letter is presented to the sub -recipient under the Director's signature outlining findings, concerns, and specific recommendations for improvement along with accompanying deadlines as appropriate. At the end of each year, effectiveness reviews are done, comparing actual accomplishments in each of the Consolidated Plan Priorities with projections in the Annual Action Plan. SHIP activities will be based on LHAP compliance. J- 14 f The Broward County Community Development Division proposes to implement the City of Tamarac's Community Development Block Grant (CDBG), State Housing Initiatives Partnership (SHIP) and HOME Investment Partnerships (HOME) funded programs in a unique and comprehensive manner. The Division's approach is successful and cost effective because there is no profit motive. The Division was the first CDBG entitlement program in Broward County and has been implementing CDBG activities all over the County since the inception of the program in 1975. The Division fully understands all of the requirements the CDBG, HOME and SHIP program since the management of these programs is our primary purpose as an organization. We, therefore, are not motivated by profit and cost when it comes to providing the City with first rate and timely service. The Division also knows the City of Tamarac very well and has funded projects in the City in the past. The City of Tamarac is also a part of the Broward County HOME Consortium. As the lead agency in the Consortium, the Division will not have to charge a fee for implementing the City's HOME Program. The Division's Planning and Grants Administration Section will be responsible for preparing the Consolidated Plan, the Annual Action Plan, the Analysis of Impediments to Fair Housing Choice (the A.I.) and the accompanying Fair Housing Action. The Division is already in the process of preparing the A.I. for not only Broward County, but the Cities of Coral Springs and Hollywood as well. The Section has a wealth of data needed to prepare the A.I. for the City and would therefore not have to charge anything extra. The Section would easily and effectively be able to fit the City into its schedule and prepare the next Annual Action Plan in accordance with HUD and City public notice and citizen participation requirements. The Section has been working effectively with IDIS since its inception and could easily add the City to its list of responsibilities. We will provide accessible staff to work with the City who may be reached, by telephone or email during normal business hours. Our IDIS expert already has experience in preparing the City's Annual Action Plan and in working with the City's IDIS system. The Section Manager also has extensive experience in Managing SHIP, since he was once a SHIP Administrator at the County level. He has successfully managed a SHIP funded first time homebuyers program. The Housing Development section includes staff persons who have years of experience in income certification and residential rehabilitation and redevelopment. The Housing Construction Inspectors are qualified to provide quality inspection services. Our Community Consultant Section would be responsible for your capital improvement projects and would be available to handle Davis W- Bacon as needed. Community Development Division staff have been functioning as consultants for several years now understand how important it is to provide quality services to clients. Since we are not profit 7 oriented, we are free to concentrate on the job tasks at hand and will reduce the quality or amount of services we provide as a means of cost containment. S117 15 PRICE PROPOSAL The services being offered in this proposal are programmatic and fiscal in nature, therefore, there is no cost or pricing data applicable to the services. The Broward County Community c x.4i Development Division intends to charge fifteen percent (15%) of the City of Tamarac's la. Community Development Block Grant (CDBG) Entitlement ($77,850), plus the cost of advertising as„a fee for managing the program. The County charges a similar fifteen percent fee to manage the City of Coral Springs CDBG program as well. If the Division were to also manage the City's SHIP Program, there would be a fee of 8% of the SHIP Grant ($34,362). This fee will cover the items listed in the scope of services in the attached Exhibit "A". 16 =:l:Il JiAW-% SCOPE OF SERVICES The Broward County Community Development Division will provide administrative services on behalf of the City of Tamarac. The Division proposes to manage the Community Development Block Grant (CDBG) program, the State Housing Initiatives Partnership (SHIP) program, and the HOME Investment Partnerships Program (HOME). These services will include administration, management, monitoring and research as related to the programs as follows: I. Monthly Reports and Meetings A. The Division will provide: 1. The Division will provide regular monthly reports to the City of Tamarac. These reports will include activities undertaken, program progress, and client status. These reports will be submitted to the City with the second billing invoice each month. II. Monthly Review of Program A. Review current status of programs for compliance with HUD and State of Florida guidelines and program objectives B. Determine strategy and bring current where necessary C. Review the City's Consolidated Plan and Amendments, and all subsequent Annual Action Plans and amendments D. Provide necessary technical assistance E. Complete reports required by HUD and FHFA F. Monitor program expenditures Ill. Monthly Direct Service to CDBG, SHIP and HOME Programs A. Client Intake 1. The Division will accept telephone inquiries for information related to programs 2. Applications will be accepted by the Division on behalf of the City on a continual basis as funding is available 3. The Division will interview and provide instructions to applicants 4. The Division will provide a compiled list of all applicants for each program and their status to the City on a monthly basis. 5. The Division will establish and maintain dient and Proaram files in a format acceptable for monitoring by funding agency G. Coordinate the distribution of applications 17 B. C. 7. The Division will coordinate and staff client intake on the first Friday of each month at City Hall. The Division will advertise these services in advance. Processing of Applications and Approval The Division, acting as the Administrator, will collect and review the following items provided by applicants: . (a) Verification of Employment (Pay stubs will be a source of verification) (b) Other forms of income (c) Bank statements (d) General application/form (e) W-2 forms (f) Tax returns (g) Statement of Household size (h) Property insurance documents (i) Notice of ad valorem taxes 0) Warranty deed (k) Send approval or disapproval notice to applicant (1) Notify City once client is approved (m) Applicants will be notified on a regular basis, at a minimum, of their status Coordination of Rehabilitation/Purchase Assistance 1. The Division will perform work write-ups to include photographs once applicant approved. 2. The Division will prepare specifications. The Division will also notify qualified contractors and hold mandatory pre -bid conference with sealed bids to be returned to the Division acting as the Administrator. I The Division will prioritize repairs relative to health, safety and welfare and then homeowner priorities if funding remains and within grant amount. 4. The Division, acting as the Administrator will notify contractor to finalize agreed upon scope of work and have contract signed by homeowner. 5. The Division, acting as the Administrator will prepare recapture or loan closing documents and obtain homeowner's signature. Documents will be sent to the City for filing, if required by the City. 6. The Division will issue Notice to Proceed. 7. The Division will insure that contractor(s) have applied for and received the proper permits for minor home repair projects 8. The Division will monitor performance of contractor(s) 9. The Division will conduct construction site visits 10. The Division will inspect job at completion to insure all work is performed to standards and take photographs for file 11. The Division, acting as the Administrator, will authorize payment and send to City for approval and processing 18 IV. Monthly Maintenance of IDIS Program for HUD funded grants (Review Current status for compliance, determine strategy, and bring current where necessary) A. The Division will request ID & Passwords for the appropriate finance staff when necessary B. The Division will provide training to such staff and Director (If required) C. The Division will create projects in IDIS System D. The Division will create Draw -down Requests E. The Division will prepare and maintain IDIS reports F. The Division will reconcile expenditures -- IDIS to Annual Action Plan G. The Division will manage the HOME program for the City, therefore, reimbursement packages will not be necessary V. Monitoring all CDBG sub -recipients A. The Division will participate in Pre -construction workshops/meetings B. The Division will conduct review for Davis Bacon / Prevailing wages compliance C. The Division monitor construction work orders and invoices (Rehabilitation projects) D. The Division will review Sub -recipient performance VI. The Division will prepare the Annual Action Plan (proposed projects) and Amendments where necessary VII. Environmental Review A. The Division will determine the necessity for Environmental Review, per Statutes, for each project B. The Division will prepare Format II Assessment, when necessary C. The Division will coordinate Format I Environmental Assessment activities, when necessary D. The Division will prepare FONSI E. The Division will coordinate contact with Federal or State agencies, as required by Statutes F. The Division will conduct Public Hearings, as necessary VIII. Prepare all CDBG related Public Notices A. The Division will prepare Annual Action Plan (Public Hearing and availability for public review) B. The Division will prepare Notice of Funds Availability (when necessary) C. The Division will prepare materials necessary for Request for Release of Funds (when necessary) D. The Division will prepare Request For Proposals (when necessary) IX. Prepare Grant Related Reports (Review current status for compliance, determine strategy, and bring current when necessary) A. The Division will prepare Annual Performance Report 19 B. The Division will prepare CAPER (Formerly called Grantee Performance Report) C. The Division will update current Analysis of Impediments to Fair Housing D. The Division will prepare any final closeout reports X. Correspondence/Coordination with Funding Agencies A. The Division will respond to Correspondence from agencies are received by City and referred to the Division, functioning as the Grant Administrator B. The Division, functioning as the Grant Administrator, will draft response when requested and for to City for approval C. The Division, functioning as the Grant Administrator, will be present at initial meeting for all monitoring visits by outside funding agencies D. The Division, functioning as the Grant Administrator, will be responsible for preparing files and arranging client visits for monitor E. The Division, functioning as the Grant Administrator, will prepare response to any findings for City review prior to submission to funding agency XI. Mediation A. The Division, functioning as the Grant Administrator, will be first point of contact for resolving any matters related to homeowners, contractors or inspectors B. The Division, functioning as the Grant Administrator, will recognize that the City will facilitate mediation after all avenues have been exhausted 20 EXHIBIT ORGANIZATIONAL CHART 21 BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION KEY PROJECT STAFF BY E�HNIC DIVERSITY NAME TITLE DEPARTMENT Diversity Ray Lubomski Director Broward County — White/Male Community Development Division Suzanne Remien- Assistant Director Broward County — White/Female Fejes Community Development Division Krish Lalji Assistant to the Broward County — Asian/Male Director Community Development Division Lucy Harty Fiscal Manager Broward County — Hispanic/Female Community Development Division Ron Bono Community Broward County — White/Male Consulting Community Section Manager Development Division Bettie Jenkins Housing Broward County — White/Female Development Community Section Manager Development Division Fredrick Shepherd Planning & Grants Broward County -- African Administration Community American/Male Section Manager Development Division Katherine Randall Planning & Grants Broward County — African Management Community American/Female Specialist Development Division Lisa Hoff ineyer HOME Program Broward County -- White/Female Coordinator Community Development Division The Broward County Community Development Division is not a certified Minority or Woman Owned Business Enterprise. It is apart of an ethnically diverse unit of County government. The County is mandated by federal, local and state statutes to both enforce and comply with MBE and equal employment opportunity regulations. l►*A n W f7Nn M AS M Ci �Os S c7j [�- a�'�N Ram m n RC' d T rR a.0 sR m w_ � o a t pro; n»�� R = x zg v w vm N j c n N 0 R _ on _ rJ A N o m rn = z �Rv a� 8 m o= cs aR dg o � $s n p _ 4 D ro R ° N m x" z 3 N n ' v 3`—ea m _ moo n� z R q d x O C T 9 M 5 IV H m a a a Om lz n » M y Fp Ne, er d e � K n GG n �Rg� did w � " a R y mo � rog �= y p RFP 04-01 R Grant Administration — CDBG, SHIP and HOME Programs Price Proposal Form Fee Schedule Staff Position Estimated Hours Hourly Rate Extended Cost Ray Lubomski 90 $100 $ 9,000 Suzanne R. Fe'es 158 $ 85 $13,430 Bettie Jenkins 405 $ 65 $26,325 Fredrick Shepherd 276 $ 65 $17,940 Katherine Randall 276 $ 50 $13,800 Lisa Hoffme er 276 $ 50 $13,800 Ron Bono 276 $ 65 $17,940 $ $ $ $ Not to Exceed Total Compensation $112,212 Grant Name Proposed Percentage for: Community Development Block Grant (CDBG) $77,850 (15)% Previous grant allocation: $519,000.00 State Housing Initiatives Partnership (SHIP) $34,362 (8)% Previous grant allocation: $429,520.00 HOME $0 (0)% (Previous grant allocation: $115,000.00) Please provide estimated percentages of the applicable grant, as indicated, that will be expended by your firm if awarded a contract as a result of this proposal. Total compensation for administrative and monitoring services shall not exceed grant limits. Name of Proposer: Broward County—CommunityCounty-Community Development Division Print Name of Authorized Signer: Signature of Authorized Signer:�- CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION ❑ OTHER If "Other", Explain: County Government Agency Authorized Signature Director Title Ray Lubomski Name (Printed Or Typed) Federal Employer I.D./Social Security No. Broward County Community Development Division 115 South Andrews Avenue, Suite 310 Company Name Address Ft._ Lauderdale, FL 33_3_01 954-357-5801 City/State/Zip T Telephone 954-765-4919 Ray Lubomski Fax Number Contact Person CERTIFIED RESOLUTION I, N/A See Attached Letter (Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. 7M.18I:4 TITLE Given under my hand and the Seal of the said corporation this (SEAL) NOTE: 0 SIGNATURE — day of , 20 Secretary Corporate Title The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. BR2`%---,,WARD � r Human Services Department COMMUNITY DEVELOPMENT DIVISION 115 S. Andrews Avenue, Roam 310 - Fort Lauderdale, Florida 33301 • 954.357-5800 - FAX 954.765-4919 / 765-4914 November 4, 2003 James S. Nicotra, CPPB Interim Purchasing and Contracts Manager City of Tamarac Purchasing and Contracts Division 7525 NW 881 Avenue, Room 108 Tamarac, Florida 33321 -2401 Re: RFP 04-01 R - Grant Administration - CDBG, SHIP, and HOME Programs (Certified Resolution) Dear Mr. Nicotra: Please be advised that the Broward County Community Development Division is a public agency, therefore we do not have a Board of Directors or officers. We are empowered to submit this RFP on our own. If we are awarded the bid, we will have to secure approval from the Board of County Commissioners. To that end we do not need to submit a certified resolution in advance. Thank you for your attention to this matter. Please let me know if you have any questions. You may reach me at (954) 357-5800. Sincerely, Ray Lubomski, Director Attachments Broward County Board of County Commissioners Josephus Eggelletlon, Jr - Ben Graber - Sue Guntburger - Kristin D. Jacobs • Ilene Lieberman - Lori Nance Parrish - John E. Rodstrom. Jr - Jim Scott • Diana Wasserman -Rubin www.broward.org OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 88th Avenue Tamarac, Florida 33321 Check One Company: Broward County Community Development Division ❑ Corporation Contact Name: Ray Lubomski ❑ Partnership Address: 115 South Andrews Avenue, Suite 310 ❑ Individual City, State, Zip Fort Lauderdale, FL 33301 ® Other Telephone No. 954-357-5801 Fax No. 954-765-4919 ........................... ..................... . ................... . 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: Broward County Community Development Division ...................................... ................................................ The address of the principal place of business is: 115 South Andrews Avenue, Suite 310 Ft. Lauderdale, FL 33301 ....................... ....................... . 2. If Offeror is a corporation, answer the following: a) Date of Incorporation: b) State of Incorporation: c) President's name: d) Vice President's name: e) Secretary's name: f) Treasurer's name: g) Name and address of Resident Agent: 3. If Offeror is an individual or a partnership, answer the following: a) Date of organization: b) Name, address and ownership units of all partners: c) State whether general or limited partnership: 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: County Government, located at 115 South Andrews Avenue. See Attachment for name and address of principals. ................... 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? 29 years a) Under what other former names has your organization operated? None 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. Not applicable, this is a Broward County Agency. 8. Have you personally inspected the site of the proposed work? ® YES ❑ NO 9. Do you have a complete set of documents, including drawings and addenda? ® YES ❑ NO 10. Did you attend the Pre -Proposal Conference if any such conference was held? ❑ YES ® NO . ................... 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why: No .............. .......................................... 12. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). Name Address Telephoned City of Coral Springs 9530 West Sample Road 954-3044-'� 163 City of North „Miami 12340 NE Bch Avenue 305-893-6511 Town Davie 4700 SW 641h Avenue 954-79771199 13. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). Attached Proposal Narrative 14. State the name of the individual who will have personal supervision of the work: Ray Lubomski and Suzanne R. Fejes 15. State the name and address of attorney, if any, for the business of the Offeror: Patrice Eichen, 115 South Andrews Avenue, Ft. Lauderdale, FL 33301 16. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: Not Applicable 17. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: Not Applicable 1 18. State the name of Surety Company which will be providing the bond, and name and address of agent: Not Applicable, Broward County is self insured. 19. Bank References: Bank Address Telephone Wachovia Ft. Lauderdale, FL 954-765-3900 20. Attach a financial statement including Proposer's latest balance sheet and income statement showing the following items: a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings): 21. State the name of the firm preparing the financial statement and date thereof: John T. P_ryor,C.P.A., Director 22. Is this financial statement for the identical organization named on page one? ❑ YES [:]NO N/A 23_ If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). City of Tamarac Purchasing d Contracts Division The Offeror acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Offeror to be true. The discovery of any omission or misstatement that materially affects the Offeror's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. Signatur ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of County of On this the _ �� day of C y'F•j7r'���' - , 20 t,,:— ,before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: AF yA.KY MB UC 5'ATF OF FLORlD.+ I t:OMMMON NO- C(:9.'st" gjWN qP. AUC.14 igOTARY PUPtic, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) r' ET Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or 10 DID NOT take an oath Page 5 or 5 offeror's Qualification Statemeat of Tamarac Purchasing d Contracts Division NON -COLLUSIVE AFFIDAVIT State of !_=L.r iy% ; ) y T )ss. County of ' /4 being first duly sworn, deposes ands ys that: 1. He/she is the /'� �'���`'� , (Owner, Partner, Officer, Representative or Agent5 of &Jk-L4 •�4,22 66(111 . A-.. /'l;' the Offerer that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Sign dj sealed an. delivered i the presence of: LP By giness ALL Printed Name Title Page 1 of 2 Pion -Collusive Affidavit of iamarac Purchasing & Contracts Division ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Floridp County ofz�<<<.' On this the _j_ day of 2qt 3 , before me, the undersigned Notary Public of the State of Florida, personally appeared JCd`�J !'r-'7-je / (Name(s) of individual(s) who appeared before notary) and whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: Ty, me q%IrL,.; , STA T OF FI..CIi . (.t.) +MMWON NO. CC:937/37q rX)MI MSSION EXP, At;C�. 19.lUC4 i02TARY-?P—Uy6`LIC.STATE OF FLORIDA f!p ,^) v, ryes (Nfine of Notary Public: Print, Stamp, or Type as Commissioned) 0, Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or IQ DID NOT take an oath Page 2 of 2 Non -Collusive Affidavit City of Tamarac i Purchasing & Contracts Division VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Auth rized Signature Company N me Page ? of 1 Drug -Free Workplace I 'c>,�IUARC� 10 COUNTY RISK MANACEMENT DIVISION •115 S Andrews Avenue. Room 210 • Fort Lauderdale. Florida 33301.1869 • 954.357-7200 • FAX 954.357-6545 Workers' Compensation FAX 954-3574176 • Liability FAX 954.357-7187 November 5, 2003 Mr. James S. Nicotra,CPPB Interim Purchasing & Contracts Manager City of Tamarac Purchasing & Contracts Division 7525 NW 88th Avenue, Room 108 Tamarac, FL 33321-2401 Dear Mr. Nicotra: This will certify that pursuant to Statute 627.7264, Broward County Board of County Commissioners is fully self insured and self administered for Auto, General Liability, and Workers' Compensation coverages. In accordance with Florida Statute 768.28 since May 10, 1977, Broward County is protected to the extent of statutory limits of $100,000.00/$200,000.00 and we do not waive sovereign immunity. The Workers' Compensation program operates in compliance with and under the auspices of Chapter 440 of Florida Statutes. Should you have any questions, or would like to discuss coverages further, please contact me at (954) 357-7203. Sincerely, Darlene S. George Director H:\MaryMeister\Cityoframarac.wpd Broward County Board of County Commissioners Josevhus EggpileEior. Jr • Ben 10raber - Sue Gunzburger • Kristin D. Jacobs - nene Lieberman - Lori Nance Parrish • John E Rodstrom. Jr • Jim Scott * Diana Wasserman -Rubin www broward.org C ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD(I'Y) ORODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Companies providing coverage YOUR COMPANY NAME HERE INSURER B, INSURERC. INSURER 0, el - INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR tTnGENERAL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LIABIUrY COMMERCIAL GENERAL LIABILITY LAIMS MADE OCCUR EACH OCCURRENCE Must Include General Liability FIRE DAMAGE (A any nro) MED EXP An or* arson PERSONAL BADVINJURY GENERAL AGGREGATE f GEN'L AGGREGATE LIMIT APPLIES PER: policy Project 10C PRODUCTS • COMP/OP AGG f AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS SAMPLE CERTIFICATE GARAGE LIABILITY ANY AUTO AUTO ONLY • EA ACCIDENT f OTHER THAN EA ACC11 AUTO ONLY: • AGG f EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION EACH OCCURRENCE f AGGREGATE f f f WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC T Tt} E.L. EACH ACCIDENT E.L. DISEASE • EA EMPLOYEE f E.L. DISEASE - POLICY LIMIT OTHER Certificate must contain wording similar to what appears below "THE CERTIFICATE HOLDER IS NAMED AS ADDITIONALLY INSURED WITH REGARD TO GENERAL LIABILITY" CERTIFICATE HOLDER ADDITIONAL INSURED: INSURER LETTER: CANCELLATION City of Tamarac _ 7525 NW 88th Avenue Tamarac FL 33321 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION IL U GAYS WRITTEN City Must Be Named as Certificate Holder AUTHORIZED REPRESENTATIVE 25-S (7/97) (DACORD CORPORATION 1988 City of Tamarac Purchasing B Contracts Division FOREIGN (NON-FLORIDA) CORPORATIONS MUST COMPLETE THIS FORM DEPARTMENT OF STATE CORPORATE CHARTER NO. If your corporation is exempt from the requirements of Section 607.1501, Florida Statutes, YOU U MUST CHECK BELOW the reason(s) for the exemption. Please contact the Department of State, Division of Corporations at (850) 245-6051 for assistance with corporate registration or exemptions. 607.1501 Authority of foreign corporation to transact business required. (1) A foreign corporation may not transact business in this state until it obtains a certificate of authority from the Department of State. (2) The following activities, among others, do not constitute transacting business within the meaning of subsection (1): ❑ (a) Maintaining, defending, or settling any proceeding. ❑ (b) Holding meetings of the board of directors or shareholders or carrying on other activities concerning internal corporate affairs. ❑ (c) Maintaining bank accounts. [] (d) Maintaining officers or agencies for the transfer, exchange, and registration of the corporation's own securities or maintaining trustees or depositaries with respect to those securities. ❑ (e) Selling through independent contractors. ❑ (f) Soliciting or obtaining orders, whether by mail or through employees, agents, or otherwise, if the orders require acceptance outside this state before they become contracts. ❑ (g) Creating or acquiring indebtedness, mortgages, and security Interests in real or personal property. ❑ (h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts. ❑ (i) Transacting business in interstate commerce. ❑ (j) Conducting an isolated transaction that is completed within 30 days and that is not one in the course of repeated transactions of a like nature. ❑ (k) Owning and controlling a subsidiary corporation incorporated in or transacting business within this state or voting the stock of any corporation which it has lawfully acquired. ❑ (1) Owning a limited partnership interest in a limited partnership that is doing business within this state, unless such limited partner manages or controls the partnership or exercises the powers and duties of a general partner. (m) Owning, without more, real or personal property. (3) The list of activities in subsection (2) is not exhaustive. (4) This section has no application to the question of whether any foreign corporation is subject to service of process and suit in this state under any law of this state. Please check one of the following if your firm is NOT a corporation: (1) ❑ Partnership, Joint Venture, Estate or Trust (II) ❑ Sole Proprietorship or Self Employed NOTE: This sheet MUST be enclosed with your bid if you claim an exemption or have checked I or II above. If you do not check I or II above, your firm will be considered a corporation and subject to all requirements listed herein. BIDDER'S CORRECT LEGAL NAME SIGNATURE OF AUTHORIZED AGENT OF BIDDER page 1 of 1 Foreign Corporations Statement Exhibit " C , Name: Address: Home Phone: CITY OF TAMARAC PURCHASE ASSISTANCE PROGRAM GENERAL APPLICANT INFORMATION Work Phone: Family Size: Anticipated Gross Annual Household Income: Additional Comments: For Office Use Referral Date: Municipality: Contract Person: Phone Number: BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION PROGRAMS ADMINISTRATOR FOR CITY OF TAMARAC Credit Bureau Services Inc. REPOSITORY REPORT ORDER FORM Date: BORROWER A.K.A./FKA SS # Requested by: Client Code: APPLICANT INFORMATION CO -BORROWER INFORMATION: CO -BORROWER A.K.A./FKA SS # ADDRESS PREVIOUS ADDRESS DATE OF BIRTH DATE OF BIRTH I (We) authorize Credit Bureau Services, Inc. to access repository information from a credit reporting agency of its choice and provide this information to Broward County Community Development Division. Borrower's Signature Co -Borrower's Signature Date CITY OF TAMARAC HOUSING PROGRAMS APPLICATION FOR HOUSING ASSISTANCE Assistance applied for: Rome Buyer Assistance Program Emergency Repair Program_Westheri:ation Program owner Occupied Rehabilitation APPLICATION INFORMATION APPLICANT'S NAME: SS# MARITAL STATUS: CO -APPLICANT'S NAME: SS# MARITAL STATUS: STREET ADDRESS: PHONE: CITY: STATE: ZIP: LEGAL DESCRIPTION: MAILING ADDRESS: ANNUAL GROSS INCOME — Attach additional sheet if needed SOURCE APPLICANT CO -APPLICANT OTHER MEMBER 18 OR OVER TOTAL Gross Salary Overtime, Ti s, Bonuses, etc. Interest/Dividends Business net Income Rental net Income Social Security, Pensions, etc. Unemployment, Wokers Comp. Alimony, Child Support Welfare Payments Other List APPLICANT/CO-APPLICANT, EMPLOYER(S) and all Household Members over 18: Name of Employee (attach additional sheets if needed) Name of Employer: Phone Number Address: Years Employed: Position: Supervisor: Address: Position: CO -APPLICANT or Household Member over 18: Name of Employee: Name of Employer: Years Employed: Supervisor: APPLICANT / CO -APPLICANT ADDITIONAL EMPLOYERS OR Household Member over 18: Name of Employee: Name of Employer: Phone Number: Address: Position: Phone Number: Years Employed: Supervisor: Please com lete the followina for ALL members of the household - Attach additional sheet if needed FULL NAME DATE OF BIRTH RELATIONSHIP SOCIAL SECURITY # ASSETS: TYPE CASH VALUE ANNUAL INCOMFROME ASSETS BANK NAME ACCOUNT NO. Checking Accounts Savings Accounts Credit Union Account Stocks, Life Insurance LIABILITIES List debts including auto loans, credit cards, charge accounts, real estate & morta e Loans, etc. TYPE CREDITOR'S NAME / ADDRESS MONTHLY PAYMENT BALANCE Mortgage Rent/Lease Payment 1. Are you current with your Mortgage or Rent? ❑YES ❑No Amount$ 2. Do you have any outstanding unpaid collections or judgments? ❑YES ©No 3. Have you declared Bankruptcy in the last 7 years? ❑YES ❑No 4. Are you a party in a lawsuit? OYES ❑No "IMPORTANT -- APPLICANT READ BEFORE SIGNING" The information provided is true and complete to the best of my/our knowledge and belief. IMe consent to the disclosure of such information of purposes of income verification related to my/our application for financial assistance. 1/We understand that any willful misstatement of material fact will be grounds for disqualification. Applicant understands that the Information provided is needed to determine assistance eligibility and Into no way assures qualification for assistance. The applicant also agrees to provide any other documentation needed to verify eligibility. WARNING: Florida Stature 817 provides that willful false statements or misrepresentation concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under s775.082 o 775.83. Applicant Signature Co -Applicant Signature Date Date CITY OF TAMARAC Statement of Household Size This is to certify that property that I intend Signature to purchase. person(s) will be residing in the Date AUTHORIZATION FOR THE RELEASE OF INFORMATION I , the undersigned, hereby authorize Broward County Community Development Division to release without liability, information regarding my employment, for assistance under the Minor Home p ' istance Program. I understand that only information e air urc ase ss necessary for determining eligibility can be requested. Types of information to be verified: I understand that previous our current information regarding me may be required. Verifications that may be requested are, but not limited to: personal identity, employment history, hours worked, salary and payment frequency, commissions, raises, bonuses, and tips; cash held in checking / savings accounts, stocks, bonds, certificate of deposits (CD), Individual Retirement accounts (IRA), interest, dividends, etc.; payments from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits; unemployment, disability and / or worker's compensation; welfare assistance; net income from the operation of a business; and , alimony or child support payments, etc. Organization/Individuals that maybe asked to provide written/oral verification are, but not limited to: Past / Present Employers Alimony / Child Support / Other Support Providers Banks, Financial or Retirement Institutions Social Security Administrations State Unemployment Agency Veteran's Administration Welfare Agency Other: Agreement to Conditions: I agree that a photocopy of this authorization may be used for the purposes stated above. I understand that I have the right to review this file and correct any information found to be incorrect. Signature of Applicant Print Name Date Co -Applicant / Household Member Print Name Date Note: This general consent maynot be used to request a copy of a tax return. If one is needed, contact your local IRS office for Form 4506. "Request for Copy of Tax Return" and prepare and sign separately. Exhibit "D" This document reviewed by: City Attorney's Office City of Tamarac 7525 NW 88'" Avenue Tamarac, Florida 33321 SECOND MORTGAGE AGREEMENT The undersigned, , and (hereinafter "Owner") whose mailing address is , Tamarac, Florida who own certain real property located at , Tamarac, Florida (hereinafter "Property") and legally described as In consideration of a deferred payment loan or benefit given by the City of Tamarac, a municipal corporation organized and existing under the laws of the State of Florida ("City"), in connection with the State Housing Initiative Partnership ("SHIP") Program for the purpose of making DEFERRED LOAN with regards to the above -described property, without interest, as specified on the Promissory Note, attached hereto and incorporated herein as Exhibit "A", so long as OWNER does not sell, convey, lease, or otherwise dispose of the real property within five (5) years of the execution of this Agreement, OWNER agrees as follows: 1. A lien is hereby established in favor of the CITY for a term of five years, from the date of execution of this Agreement, to provide security for the amount set forth in the Promissory Note and, attached hereto and incorporated herein as Exhibit "A", and Section 4 of this Agreement which becomes payable by the OWNER, or the OWNER'S estate, personal representatives, heirs or devisees. The lien on OWNER'S Property shall be discharged on the date following the five-year anniversary of the execution of this Agreement ("Discharge Date"). 2, The OWNER shall abide by all the stipulations, agreements, conditions, and covenants of this Agreement, and shall duly pay all taxes, all insurance premiums reasonably required, and keep the Property in good repair and preservations. 3. Whereas, SHIP funds are used to ASSIST IN THE ACQUISTION OF SAID PROPERTY, OWNER must live in the dwelling on the Property for at least five (5) years from the date of execution of the Agreement. Leasing the above -described property is not permitted. 4. RECAPTURE PROVISION. If OWNER breaches this Agreement by selling, conveying, leasing, or otherwise disposing of the Property during the below -mentioned periods, the loan shall be paid off to the CITY as follows (or the CITY shall have a lien on Property for said amount): A. During the first year from the date of execution of this agreement, OWNER shall pay City 100% of the amount of the loan, or $ B. During the second year from the date of execution of this agreement, OWNER shall pay CITY 80% of the cost of repairs, or $ C. During the third year from the date of execution of this agreement, OWNER shall pay CITY 60% of the cost of repairs, or $ D. During the fourth year from the date of execution of this agreement, OWNER shall pay CITY 40% of the cost of repairs, or $ E. During the fifth year from the date of execution of this agreement, OWNER shall pay CITY 20% of the cost of repairs, or $ F. After the Discharge Date, OWNER may sell, convey, lease, or otherwise disposes of the PROPERTY free and clear of any encumbrances or lien in favor of the CITY in connection to the SHIP housing repairs. 5. Subordination of Mortgage. This Second Mortgage is expressly made subject and subordinate to the terms and conditions specified in that certain Mortgage from Borrower to the First Lender, dated recorded in , Page in the Public Records Office of County, Florida (the "First Mortgage") securing that certain note having an original principal face amount of dated (the "First Note"), made by Borrower payable to "First Lender"). dollars, (the 6. The City of Tamarac consents to any agreement or arrangement in which the First Lender waives, postpones, extends, reduces or modified any provisions of the First Note and the First Mortgage, including any provision requiring the payment of money. If any provision of the Promissory Note or the Second Mortgage conflicts with any provisions of the First Note or the First Mortgage, the terms and provisions of the First Note and the First Mortgage shall govern. 7. Should the OWNER fail to fully comply with the agreements, conditions, and obligations set forth in this Agreement, then the lien established by the Agreement may be foreclosed in the same manner as provided by law for foreclosure of a mortgage, and in addition, the agreements, conditions, and obligations hereof may be enforced by any other action, in law or equity, at the option of the CITY. 8. In the event of a foreclosure, or a deed in lieu of foreclosure of the First Mortgage, any provision herein or in any collateral agreement restricting the use of the Property or restricting the Borrower's ability to sell the Property, shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his successors and assigns, (other than the Borrower or related entity or person to the Borrower) receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Mortgage shall receive title to the Property free and clear from such restrictions. 9. All costs, including reasonable attorney's fee, which may be incurred by the CITY for the collection of any amounts which may become due the CITY hereunder, or which may be incurred by the CITY in the enforcement of the Agreement, conditions, and obligations set forth herein, whether suit is brought forth or not, shall be assessed against and be the obligation of the OWNER. 2 10. In the event that the sole OWNER should die, or upon the death of the survivor of JOINT OWNERS, the obligations created herein shall be binding upon the Estate, personal representatives, heirs, or devisees of the deceased OWNER. 11. The use, herein, of the word OWNER shall apply to the plural as well as the singular. Executed this day of , 200_ ATTEST: Witness Witness ATTEST: Witness Witness STATE OF FLORIDA Print Name Signature (before Notary) OWNER Print Name Signature (before Notary) ) ss: COUNTY OF BROWARD ) THE FOREGOING INSTRUMENT was acknowledged before me this day of 200—, by , and who are personally own to me or have produced / as identification and who did (did not) take an oath WITNESS my hand, this day of 1200 My Commission Expires: NOTARY PUBLIC Print or Type Name: 3 yllr , .--vl J VI ,-- City of Tamarac 7525 NW 88t6 Avenue Tamarac, Florida 33321 EXHIBIT "E" PROMISSORY NOTE Date City of Tamarac, Florida FOR VALUE RECEIVED in connection with the U.S. Dept. of Housing & Urban Development (HUD), Community Development Block Grant (CDBG) and/or State Housing Initiatives Partnership (SHIP) Programs for HOME REPAIRS, the undersigned, jointly and severally if there be more than one, (collectively, the "Borrower") promises to pay the City of Tamarac, its successors or assigns ("Lender') or order, the principal sum of In the event Borrower abides by the conditions and requirement of the Home Repair Loan Agreement, through ("the Discharge Date"), this Note shall, on the date following the Discharge Date, be deemed fully paid and discharged by the Lender. Borrower's failure to abide by the requirements and conditions of the Home Repair Loan Agreement shall result in the application of the recapture provisions of said agreement. Sums due under this Note shall be payable to the City of Tamarac, 7525 NW 88t" Avenue, Tamarac, Florida 33321, or such other place as the Note holder may designate. This Note is secured by a lien on real and personal property (the "Property") located at Broward County, Florida, pursuant to a Home Repair Loan Agreement (the "Mortgage") held by Lender. Borrower shall not sell, lease, or transfer all or any part of the Property or any interest therein, including transfer by judicial sale or any other voluntary or involuntary transfer, without Lender's prior written consent prior to the Discharge Date. Borrower has the option and privilege of prepaying all or any part of the outstanding principal balance evidenced by this Note without premium, penalty or charge. Nothing contained in the Note shall be deemed or construed to create the relationship of partner or joint venture as between Lender and Borrower, it being agreed and understood that the only relationship between the parties is that of lender and borrower, and all interest or other sums required to be paid by Borrower hereunder are only intended to compensate Lender for its agreement to make the loan evidenced by this Note, market conditions as of the date of the Note considered. Borrower, and all other persons or entities who are or may become liable on the indebtedness evidenced by this Note, agree jointly and severally to pay all costs of collection, including reasonable attorneys' fees and all costs of any action or proceeding (including but without limitation commencement of non -judicial foreclosure of private sale), in case the unpaid principal sum of this Note, or any payment of interest or principal and interest thereon, including without limitation the payment of interest, is not paid when due, or in case it becomes necessary to enforce any other obligation of borrower hereunder or to protect the security for the indebtedness evidenced hereby, or for the foreclosure by Lender of the Mortgage, or in the event Lender is made a party to any litigation because of the existence of the indebtedness evidenced by this Note, whether suit be brought or not, and whether through courts of original jurisdiction, as well as in courts of appellate jurisdiction, or through a bankruptcy court or other legal proceedings. Borrower acknowledges that all such costs are secured by the Mortgage. As used herein "attorneys' fees" shall be deemed to include fees incurred in appellate, bankruptcy and post - judgment proceedings and shall be deemed Recapture Documents CDBG/SHIP Rehab Program Revised April 2001 City Attorney's Office City of Tamarac 7525 NVV 88`h Avenue Tamarac, Florida 33321 to include charges for paralegals, law clerks, and other staff members operating under the supervision of an attorney. Any payment or award of attorneys' fees shall include as part thereof any and all sales and/or use taxes imposed thereon by any appropriate governmental authority. Borrower, and all persons or entities who are, or may become, liable for all or any part of this indebtedness, jointly and severally, waive diligence, presentment, protest and demand, notice of protest, of demand, of nonpayment, of dishonor and of maturity and agree that time is of the essence of every provision hereof; and they also jointly and severally hereby consent to any and all renewals, extensions or modifications agreed to by Borrower and Lender of the terms hereof or of the Mortgage, or any of them, including time for payment, and further agreed that any such renewal extension or modification, or the release or substitution of any person or security for the indebtedness evidenced hereby, shall not affect the liability of any of such parties for the indebtedness evidenced by this Note or the obligations under the Mortgage. Any such renewals, extensions, modifications, releases or substitutions may be made without notice to any of such parties other than Borrower. Lender shall have the right, at any time and from time to time, at its sole option and in its sole discretion, to waive all or any part of any charge due Lender hereunder, but such waiver shall be effective only if made in writing and shall not extend to or constitute a waiver of the same or any other term or provision herein contained or contained in the Mortgage. The rights and remedies of Lender as provided in this Note and in the Mortgage shall be cumulative and concurrent and may be pursued singly, successively or together against Borrower, the Property encumbered by the Mortgage, or any other persons or entities who are, or may become, liable for all or any part of this indebtedness, or any and other funds, property or security held by Lender for payment thereof, or otherwise, at the sole discretion of Lender. Failure to exercise any such right or remedy shall in no event be construed as a waiver or release of such rights or remedies, or the right to exercise them at any later time. The acceptance by Lender of payment hereunder that is less than payment in full of all amounts due and payable at the time of such payment shall not constitute a waiver of the right to exercise any of the foregoing options at that time or at any subsequent time or nullify any prior exercise of any such option without the express written consent of Lender. The right, if any, of Borrower, and all other persons or entities, who are, or may become, liable for all or any part of this indebtedness, to plead any and all statutes of limitations as a defense to any demand on this Note or Mortgage or any other documents executed in connection with the loan evidenced by this Note, is expressly waived by each and all of such parties to the full extent permissible by law. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 2 Recapture Documents CDBG/SHIP Rehab Program Revised April 2001 City Attorney's Office City of Tamarac 7525 NW 88 Avenue Tamarac, Florida 33321 The Borrower hereby waives trial by jury in any action or proceeding to which the Borrower and the Lender may be parties, arising out of or in any way pertaining to the Loan. This waiver is knowingly, willingly and voluntarily made by the Borrower, and the Borrower hereby represents that no representation of fact or opinion has been made by any individual to induce this waiver of trial by jury or to in any way modify or nullify its effect. This Note is to be construed and enforced according to the laws of the State of Florida. The venue for any action shall be in Broward County, Florida. This Note consists of three (3) pages. CDBG: STATE OF FLORIDA) ) ss: Borrower: Print Name: Signature Borrower Print Name: Signature: THE FOREGOING INSTRUMENT was acknowledged before me this day of , 200_ by personally known to me or have produced as identification and who did (did not) take an oath. WITNESS my hand, this day of 1200 _ NOTARY PUBLIC My Commission Expires: Print or Type Name: Signature: PROMISSORY NOTE BREAKDOWN: AMOUNT $ DOCUMENT $ RECORDING FEES $ RECAPTURE DOC $ 3 Recapture Documents CDBG/SHIP Rehab Program Revised April 2001