HomeMy WebLinkAboutCity of Tamarac Resolution R-2020-011 Temp. Reso. No. 13395
December 30, 2019
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2020- t/
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, ACCEPTING THE 2019-
2020 FISCAL YEAR HOME INVESTMENT PARTNERSHIP
("HOME") FUNDS IN THE AMOUNT OF $135,457 FOR A
TERM RETROACTIVELY COMMENCING OCTOBER 1,
2019 WITH AN END DATE OF SEPTEMBER 30, 2021;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN
BROWARD COUNTY AND THE CITY OF TAMARAC FOR
THE DESIGNATION OF SUBRECIPIENT AND
PROVIDING FOR DISBURSEMENT OF HOME
PROGRAM FUNDS FOR THE OWNER-OCCUPIED
MINOR HOME REPAIR PROGRAM, FISCAL YEAR 2019-
2020, ATTACHED HERETO AS EXHIBIT "A", AND
INCORPORATED HEREIN; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac ("City") and Broward County ("County") are
members of the Broward County HOME Consortium ("Consortium"), and are subject to
the terms and conditions of the HOME Investment Partnership Program Consortium
Cooperation Agreement ("HOME Agreement") renewed by the City and the County on
June 14, 2011; and
WHEREAS, in its representative capacity for members of the Consortium to the
Department of Housing and Urban Development ("HUD"), the County is the recipient of
HOME funds from HUD, and has allocated these funds to various municipalities within
the County, including the City; and
WHEREAS, the City must be designated as HOME subrecipient in order to directly
execute contracts for HOME eligible activities; and
Temp. Reso. No. 13395
December 30, 2019
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WHEREAS, the City Commission desires the City to be designated as a HOME
subrecipient and to enter into the Interlocal Agreement with the County for HOME
Program funds for Fiscal Year 2019-2020 in the amount of $135,457 for a term
retroactively commencing October 1st, 2019 and ending September 30, 2021, a copy of
which is attached hereto as Exhibit "A"; and
WHEREAS, the Community Development Director recommends the approval of
the Interlocal Agreement with the County for HOME Program funds for Fiscal Year 2019-
2020 in the amount of $135,457, for a term retroactively commencing October 1st, 2019
and ending September 30, 2021; and
WHEREAS, it is recommended that the City Manager be authorized to exercise
any extensions to the contract if necessary and appropriate; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the
best interest of the citizens and residents of the City to enter into the Interlocal
Agreement with the County for the Designation of Subrecipient and Disbursement of
HOME Program funds for housing rehabilitation under the City's Owner-Occupied Minor
Home Repair program for Fiscal Year 2019-2020 for expenditures retroactively
commencing October 1st, 2019 through September 30, 2021.
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
Temp. Reso. No. 13395
December 30, 2019
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Resolution. All exhibits attached hereto are incorporated herein and made a specific part
of this Resolution.
SECTION 2: The City Commission approves the Interlocal Agreement and the
designation of the City of Tamarac as a subrecipient for purposes of the HOME
Investment Partnership Program Consortium Cooperation Program, and further
authorizes the appropriate City officials to execute the Interlocal Agreement with Broward
County for Designation of Subrecipient and Disbursement for the HOME Program for
Fiscal Year 2019-2020, a copy of which is attached hereto as Exhibit "A".
SECTION 3: The City Manager is authorized to exercise any extensions to the
contract if necessary and appropriate.
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: 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 6: This Resolution shall become effective immediately upon its passage
and adoption.
Temp. Reso. No. 13395
December 30, 2019
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
72(
FLORIDA THIS 07 DAY OF FEBRUARY, 2020.
CITY OF TAMARAC, FLORIDA
MICH LLE J. GOMEZ, PyYOR
M. GOMEZ
ATTEST: M. BOLTON
M. GELIN
J. FISHMAN
D. PLACKO .ate
J NIFER JOHNS , CMC
CITY CLERK
I HEREBY CERTIFY that I have approved
this RESOLUTION as to form.
/ WWAL ',fit/ . 1 Z 2 E'
SAMUEL S. GO N
CITY ATTORNE
BRY:WARD
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC
PROVIDING FOR DISBURSEMENT OF HOME PROGRAM FUNDS FOR HOUSING
REHABILITATION PROGRAM FOR FISCAL YEAR 2019 — 2020
This Agreement ("Agreement") is made and entered by and between
Broward County, a political subdivision of the State of Florida ("County"), and City of
Tamarac, a municipal corporation of the State of Florida ("City") (collectively referred to
as the "Parties").
RECITALS
A. Pursuant to 24 C.F.R. Part 92.101 , the Parties entered into a standard form
HOME Consortium Cooperation Agreement, incorporated herein by reference, pursuant
to which the Parties joined the Broward County HOME Investment Partnerships Program
Consortium ("HOME Consortium"), and County was designated the HOME Consortium's
representative member or lead entity to carry out the objectives of the HOME Program
(as herein defined) on behalf of all of the HOME Consortium's members.
B. County, as the representative member or lead entity for the HOME
Consortium is the recipient of HOME Program funding from the United States Department
of Housing and Urban Development ("HUD") for all members of the HOME Consortium,
pursuant to the HOME Investment Partnerships Act ("HOME Act") at Title II of the
Cranston-Gonzalez National Affordable Housing Act of 1990, with implementing rules and
regulations set forth in 24 C.F.R. Part 92, and County desires to allocate a portion of the
HOME Program funding to City.
C. Pursuant to 24 C.F.R. Part 92.105, County has been designated by HUD
as a participating jurisdiction and receives its HOME funding allocation pursuant to the
County's consolidated plan, submitted to HUD in accordance with 24 C.F.R. Part 91.
D. The Project (as defined herein) was included in County's consolidated plan.
E. On February 11, 2020 (Agenda Item No. 12 ), the Broward County Board of
County Commissioners authorized HOME funding to City in the amount of $135,457 to
fund the Project in City, under the terms more specifically described herein.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. DEFINITIONS
1 .1 Board means the Board of County Commissioners of Broward County, Florida.
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1.2 Commitment means "Commitment" as defined under 24 C.F.R. Part 92.2.
1.3 Contract Administrator means the Director of the Housing Finance and
Community Redevelopment Division, or such other person designated by same in writing.
1.4 County Administrator means the administrative head of County appointed by the
Board.
1.5 County Attorney means the chief legal counsel for County appointed by the
Board.
1.6 HOME Funds means the HOME Program (as defined herein) funds provided to
City under this Agreement, as set forth in Exhibit B to this Agreement.
1.7 HOME Program means the HOME Investments Partnerships Program
established pursuant to Title II of the Cranston National Affordable Housing Act
(42 U.S.0 1271 et seq.), with implementing rules and regulations set forth in
24 C.F.R. Part 92.
1.8 Income Eligible Household means a "low-income" or "very low-income" family,
each as defined in 24 C.F.R. Part 92.2.
1.9 Project means the project provided and implemented by City, as described in
Exhibit A to this Agreement.
1.10 Project Completion means when the Project meets certain conditions set by
County for close-out, including but not limited to: construction completion (if applicable),
title transfer(if applicable), property standards met, funds disbursed and final draw-down,
completion information entered into HUD's Integrated Disbursement and Information
System (IDIS), including beneficiary information for purchase assistance projects, and
completion of all required reports and documentation required by County.
1.11 Rules and Regulations of HUD means the rules and regulations of HUD,
including but not limited to 24 C.F.R. Part 92, "HOME Investment Partnerships Program,"
24 C.F.R. Part 91, "Consolidated Submissions for Community Planning and Development
Programs," the applicable provisions under 2 C.F.R. Part 200, "Uniform Administrative
Requirements, Cost Principles and Audit Requirements for Federal Awards," Fair
Housing Act, 42 U.S.C. 3601 et seq., Section 301 of the Housing and Urban-Rural
recovery Act of 1983; Pub. Law No. 98-181, 97 Stat. 1155, CPD Notice 92-18, Procedures
for the Cash and Management Information (CMI) System for the HOME Program, and
any Executive Orders issued by the federal government or any final rule changes set forth
in the Federal Register impacting the HOME Program, as amended from time to time,
and which are incorporated herein by reference.
1.12 Subcontractor means an entity or individual providing services to City for all or
any portion of the Project. The term "Subcontractor" shall include all subconsultants.
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ARTICLE 2. EXHIBITS
The following exhibits are attached hereto and incorporated into this Agreement:
Exhibit A Project Description
Exhibit B Budget
Exhibit C Project Timeline
Exhibit D Quarterly Progress Report
Exhibit E Request for Payment
Exhibit F Form of Mortgage and Note
Exhibit G Affirmative Marketing Policy
ARTICLE 3. PROJECT
3.1 City shall provide and implement a Housing Rehabilitation Program for Income-
Eligible Households in City as outlined in Exhibit A attached hereto.
3.2 City must comply with the Project Timeline set forth in Exhibit C. If City fails to
meet any of the deadlines set forth in Exhibit C by sixty (60) days or more, County may
terminate this Agreement in accordance with Article 11 of this Agreement. Time is of the
essence in performing the duties, obligations, and responsibilities required by this
Agreement.
3.3 Monitoring and Reporting. County will carry out periodic monitoring and evaluation
activities as determined necessary in County's discretion, and as required by applicable
law. County has the right to conduct a full review of the Project at any time. County's
evaluation of the Project will include, but not be limited to, compliance with the terms of
this Agreement, and comparisons of planned versus actual progress relating to the
Project's scheduling, budget, in-kind contributions, and output measures.
3.3.1 Upon County's request, City shall promptly furnish to County such records
and information requested by County related to the Project.
3.3.2 City shall meet with County at reasonable times and with reasonable notice
to discuss the Project.
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3.3.3 City shall provide County with quarterly progress reports in substantially the
form provided in Exhibit D, attached hereto or such other form as may be provided
to City by County, in County's discretion ("Quarterly Progress Reports"). The
Quarterly Progress Reports must be submitted to County no later than the tenth
(10th) calendar day following the end of the preceding quarter, provided that, if such
date is a Saturday, Sunday, or holiday, the Quarterly Progress Report may be
submitted on the business day immediately following such Saturday, Sunday, or
holiday. For purposes of the Quarterly Progress Reports, the quarters shall be as
follows: First quarter- October 1 through December 31; Second quarter- January
1 through March 31; Third quarter-April 1 through June 30; Fourth quarter—July 1
through September 30.
3.3.4 In addition to the Quarterly Progress Reports, City shall submit on a
quarterly basis, and at other times upon the request of the Contract Administrator,
information and status reports required by County or HUD on forms approved by
the Contract Administrator.
3.3.5 The Parties shall cooperate in the preparation of any and all reports
required under this Agreement. City shall furnish to County any information County
requests for preparation of reports required under 2 C.F.R. Part 200, 24 C.F.R.
Part 92, and the Rules and Regulations of HUD, including but not limited to, the
consolidated plan, annual action plan, and the annual performance report. Any
changes to the Project as described in the consolidated plan, and/or the annual
action plan must be approved by County prior to implementation.
3.4 If the work, services, or activities for the Project fail to comply with the terms of this
Agreement, or if, in County's judgment, City, or any Subcontractor, has violated federal
guidelines or regulations, or the terms of this Agreement, County may issue a written stop
order to City pursuant to which City must halt all work, services, or activities for the
Project.
3.5 City shall ensure that the recapture and affordability restrictions set forth in
24 C.F.R. Part 92.254 are enforced by requiring that each person provided HOME Funds
under this Agreement shall execute a mortgage and a promissory note in favor of County
in the forms attached hereto as Exhibit F. City shall ensure that the amount of HOME
Funds and the affordability period set forth in the mortgage and promissory note are
consistent with the requirements of 24 C.F.R. Part 92.254 and Exhibit A hereto. The
executed mortgage and promissory note shall be properly recorded by City and must be
furnished to County within ten (10) days after recordation. City shall cooperate with
County to modify and re-record any mortgages and notes to the extent modification is
required for compliance with the Project terms submitted to HUD or this Agreement.
3.6 HOME Funds shall be provided by City only to Income Eligible Households.
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3.7 City shall meet or exceed the standards described in Exhibit A, and all applicable
codes, ordinances, statutes, and any other regulations imposed by any regulatory body
or authority governing the design, permitting, construction, and approval of the
rehabilitation performed under the Project.
ARTICLE 4. FUNDING AND METHOD OF PAYMENT AND
PROVISIONS RELATING TO THE USE OF THE FUNDS
4.1 The maximum amount payable of HOME Funds to City under this Agreement shall
be One Hundred Thirty-Five Thousand Four Hundred Fifty-Seven Dollars ($135,457).
This Agreement is subject to the availability of HOME Funds, as more specifically
described in Articles 4 and 11. No County funds shall be payable under this Agreement.
The HOME Funds payable under this Agreement are HOME Funds allocated by County
to City in accordance with 24 C.F.R. Part 92 and are not designated as a fifteen percent
(15%) Community Housing Development Organization set-aside.
4.2 If City is in compliance with the applicable Rules and Regulations of HUD and the
terms of this Agreement, including the procedures for invoices and payments set forth in
this article, County shall reimburse City for eligible Project expenses expended as set
forth in Exhibit B, unless a suspension of payment as provided for in Section 4.9 of this
Agreement has occurred. At no time shall County distribute HOME Funds to City if City
is not in compliance with the terms of this Agreement or for any Project expenses sought
to be reimbursed by City that are not eligible for reimbursement under the Rules and
Regulations of HUD. If HUD reduces the HOME funding allocation to the HOME
Consortium, County shall reduce City's allocation proportionately.
4.3 City may not request disbursement of HOME Funds under this Agreement until the
funds are needed for payment of eligible costs under 24 C.F.R. Part 92.206. City shall
invoice County monthly, in an amount limited to the amount needed, if eligible Project
expenditures, in accordance with Exhibit B and 24 C.F.R. Part 92.206, have been made,
by furnishing to County a request for payment in the form provided in Exhibit E, together
with the following supporting documentation:
4.3.1 Documentation of costs associated with any City personnel providing any
services for the Project, if applicable;
4.3.2 An executed copy of each Subcontractor contract authorizing work,
services, activities, or purchase of materials for the Project, if applicable and
not previously submitted to County;
4.3.4 A certified copy of the purchase order or other City document authorizing
the work, services, activities, or materials for which City is invoicing;
4.3.5 A copy of all Subcontractor invoices for the Project indicating the work,
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services, or activities rendered or materials purchased and the dates for
same, certified by City's engineer, architect, or administrator or manager of
the Project, as applicable;
4.3.6 A certification from City's administrator or the administrator's authorized
representative certifying that the work, services, or activities, or materials
being invoiced have been received or completed;
4.3.7 Upon submittal of the final invoice for reimbursement of eligible Project
expenditures made during the term of this Agreement, a final and complete
Quarterly Progress Report, utilizing the form provided in
Exhibit D; and
4.3.8 For reimbursement of the final billing requested by City, City must provide
the following additional documentation:
(a) Evidence, satisfactory to County, of completion of all Project work
and objectives;
(b) Copies of executed release forms from all Subcontractors;
(c) Final documentation, including applicable payroll documents,
required under the Davis-Bacon Act (40 U.S.C. 276a-276a-7) and
Section 3 of the Housing and Urban Development Act of 1968
(12 U.S.C. 1701u, and the implementing regulations at
24 C.F.R. Part 135, as applicable);
(d) Copies of final certified plans and drawings, if applicable;
(e) Copies of final permits for the Project, if applicable, and evidence that
all permits for the Project have been closed;
(f) Final request for payment, in the form provided in Exhibit E,
requesting reimbursement; and
(g) Any other documentation reasonably required by County in
connection with reimbursement of the final billing amount.
4.4 Following receipt of invoices and supporting documentation, as described in
Section 4.3, County shall review the invoices and supporting documentation to determine
whether the items invoiced have been received or completed and that the invoiced items
are proper for payment. County may, in its discretion, deny a reimbursement payment to
City if City fails to provide any of the documentation required by Section 4.3 above. Upon
determination by County that the items invoiced have been received or completed,
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County shall make payment to City the amount County determines to be payable.
Payment for travel costs or
travel-related expenses permitted under Exhibit B to this Agreement, if any, shall be made
in accordance with Section 112.061, Florida Statutes.
4.5 City shall disclose to County any and all third-party funding, whether public or
private, for the Project. No HOME Funds shall be used to supplant existing third-party
funding.
4.6 City shall not be entitled to reimbursement for any invoices received by County
later than sixty (60) days after the expiration or earlier termination of this Agreement.
4.7 County shall pay City within thirty (30) calendar days after receipt of City's Request
for Payment for reimbursement of eligible Project expenses in accordance with County's
Prompt Payment Ordinance, Section 1-51.6, Broward County Code of Ordinances. To
be deemed proper, all invoices must comply with the requirements set forth in this
Agreement, including the requirements of Section 4.3. Payment may be withheld for
failure of City to comply with any term, condition, or requirement of this Agreement or the
Rules and Regulations of HUD.
4.8 City shall expend the HOME Funds allocated to the Project by the end of the term
of this Agreement. All HOME Funds not expended within the term of this Agreement shall
remain in the custody and control of County. City shall ensure there is an expenditure of
HOME Funds within twelve (12) months of the execution of this Agreement by the Parties,
and thereafter, every ninety (90) days, to the greatest extent possible.
4.9 County may suspend payment under this Agreement for any of the following
events:
4.9.1 Ineligible use of HOME Funds under this Agreement or the Rules and
Regulations of HUD;
4.9.2 Failure to comply with the terms of this Agreement;
4.9.3 Failure to submit reports as required, including Quarterly Progress Reports,
including beneficiary data, and a favorable audit report;
4.9.4 Submission of incorrect or incomplete reports in any material respect; and
4.9.5 Failure to comply with the indemnification obligations under this Agreement.
In the event County elects to suspend payment to City pursuant to this section,
County shall specify the actions that must be taken by City as a condition
precedent to resumption of payments, and specify a reasonable date by which City
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must take such actions.
4.10 HOME Funds that are not expended during the term of this Agreement and that are
not provided to or reimbursed to City under this Agreement may be reallocated by County
to other HOME Program projects approved for funding by the Board.
4.11 Any HOME Funds paid to City in excess of the amount to which City is finally
determined to be entitled to under this Agreement shall be repaid to County within a
reasonable period after demand, and if not paid, County may make an administrative
offset against other requests by City for reimbursements.
4.12 City shall invoice all Subcontractor fees, whether paid on a "lump sum" or other
basis, with no markup. All Subcontractor fees shall be billed in the actual amount paid by
City.
4.13 Notwithstanding any provision in this Agreement to the contrary, County shall not
be required to reimburse City any HOME Funds under this Agreement if County is not
able to obtain such funding from HUD for the payment of these costs, and County may
withhold, in whole or in part, payment to City to the extent necessary to protect itself from
loss on account of inadequate or defective work that has not been remedied or resolved
in a manner satisfactory to the Contract Administrator, or due to City's failure to comply
with this Agreement. The amount withheld shall not be subject to payment of interest by
County.
4.14 Notwithstanding any provision in this Agreement to the contrary, in the event County
is required to repay HUD any HOME Program funding received from HUD for the Project,
pursuant to any repayment requirements set forth in 24 C.F.R. Part 92, or any other
applicable Rules and Regulations of HUD, City must repay County such HOME Funds in
accordance with the repayment provisions set forth in Section 9.5 of this Agreement.
ARTICLE 5. INDEMNIFICATION
5.1 To the extent permitted by law, and without either party waiving its sovereign
immunity or any limits established by Section 768.28, Florida Statutes, City shall
indemnify, hold harmless, and defend County and all of County's officers, agents,
servants, and employees (collectively, "Indemnified Party") from and against any and all
causes of action, demands, claims, losses, liabilities, and expenditures of any kind,
including attorneys' fees, court costs, and expenses, including through the conclusion of
any appellate proceedings, raised or asserted by any person or entity not a party to this
Agreement, and caused or alleged to be caused, in whole or in part, by any intentional,
reckless, or negligent act or omission of City, its officers, employees, agents, or servants,
arising from, relating to, or in connection with this Agreement (collectively, a "Claim"). In
the event any Claim is brought against an Indemnified Party, City shall, upon written
notice from County, defend each Indemnified Party against each such Claim by counsel
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satisfactory to County or, at County's option, pay for an attorney selected by the County
Attorney to defend the Indemnified Party.
To the extent considered necessary by the Contract Administrator and the County
Attorney, any sums due City under this Agreement may be retained by County until all
Claims subject to this indemnification obligation have been settled or otherwise resolved.
Any amount withheld shall not be subject to payment of interest by County. Nothing
herein shall be construed as consent by a state agency or political subdivision of the State
of Florida to be sued by third parties in any matter arising out of this Agreement or any
other contract. The obligations of this section shall survive the expiration or earlier
termination of this Agreement.
5.2 For construction-related activities. To the extent permitted by law, and without
either party waiving its sovereign immunity or any limits established by Section 768.28,
Florida Statutes, City shall indemnify and hold harmless County, its officers, and
employees from liabilities, damages, losses, and costs, including but not limited to
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentional wrongful misconduct of City and persons employed or utilized by City in the
performance of this Agreement. To the extent considered necessary by Contract
Administrator and County Attorney, any sums due City under this Agreement may be
retained by County until all of County's claims for indemnification pursuant to this
Agreement have been settled or otherwise resolved, and any amount withheld shall not
be subject to payment of interest by County. These indemnifications shall survive the
term of this Agreement.
ARTICLE 6. INSURANCE
6.1 City is a governmental entity and is fully responsible for the acts and omissions of
its agents or employees, subject to any applicable limitations of Section 768.28, Florida
Statutes.
6.2 Upon request by County, City must provide County with written verification of
liability protection that meets or exceeds any requirements of Florida law. If City holds
any excess liability coverage, City must ensure that Broward County is named as an
additional insured and certificate holder under such excess liability policy and provide
evidence of same to County.
6.3 If City maintains broader coverage or higher limits than the minimum coverage
required under Florida law, County shall be entitled to such broader coverage and higher
limits on a primary and noncontributory basis. County's insurance requirements shall
apply to City's self-insurance.
6.4 In the event City contracts with a Subcontractor to provide any of the services for
the Project, City shall require that each Subcontractor procure and maintain insurance
coverage that adequately covers each Subcontractor's exposure based on the services
provided by that Subcontractor. City must ensure that all such Subcontractors name
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"Broward County" as an additional insured and certificate holder under the applicable
insurance policies. City shall not permit any Subcontractor to provide services for the
Project until the insurance requirements of the Subcontractor under this section are met.
If requested by County, City shall furnish evidence of insurance of all such
Subcontractors.
6.5 County reserves the right, but not the responsibility, to periodically review any and
all insurance policies and to reasonably adjust the limits and/or types of coverage required
herein, from time to time throughout the term of this Agreement.
ARTICLE 7. REPRESENTATIONS AND WARRANTIES
7.1 City certifies, to the best of its knowledge, that:
7.1.1 No federal appropriated funds have been paid or will be paid, by or on behalf
of City, to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of
any federal contract, grant, loan, or cooperative agreement.
7.1.2 If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with this
Agreement, City shall complete and submit to County Standard Form - LLL,
"Disclosure Form to Report Lobbying," set forth in Appendix B to 24 C.F.R.
Part 87, in accordance with its instructions.
7.1 .3 The language of this section shall be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and all subgrantees shall
be required to certify and disclose accordingly.
7.2 In accordance with Section 519 of the Department of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations Act, 1990 (Public
Law 101-144) and Section 906 of the Cranston-Gonzalez National Affordable Housing
Act (Public Law 101-625), which amended Title I of the Housing and Community
Development Act of 1974, City represents and warranties that it has adopted and is
enforcing policies within its jurisdiction that:
7.2.1 Prohibit the use of excessive force by law enforcement agencies against
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any individuals engaged in nonviolent civil rights demonstrations; and
7.2.2 Enforce applicable State and local laws that prohibit any action that
physically bars an entrance to or exit from, a facility or location where a
nonviolent civil rights demonstration is being conducted.
7.3 Representation of Authority. City represents and warrants that this Agreement
constitutes the legal, valid, binding, and enforceable obligation of City, and that neither
the execution nor performance of this Agreement constitutes a breach of any agreement
that City has with any third party, or violates any law, rule, regulation, or duty arising in
law or equity applicable to City. City further represents and warrants that execution of
this Agreement is within City's legal powers, and each individual executing this
Agreement on behalf of City is duly authorized by all necessary and appropriate action to
do so on behalf of City and does so with full legal authority.
7.4 Breach of Representations. In entering into this Agreement, City acknowledges
that County is materially relying on the representations and warranties of City stated in
this article. County shall be entitled to recover any damages it incurs to the extent any
such representation or warranty is untrue. In addition, if any such representation or
warranty is false, County shall have the right, at its sole discretion, to terminate this
Agreement without any further liability to City, to deduct from HOME Funds due to City
under this Agreement the full amount of any value paid in violation of a representation or
warranty, or to recover all HOME Funds paid to City under this Agreement.
ARTICLE 8. GENERAL COMPLIANCE OBLIGATIONS
8.1 City shall comply with all applicable federal, state, and county laws, ordinances,
codes, and regulations relating to the use of HOME Funds, including but not limited to the
Rules and Regulations of HUD and requirements that may be imposed by the HOME
Consortium. Any conflict or inconsistency between any federal, state, or county
regulations and this Agreement shall be resolved in favor of the more restrictive
regulations.
8.2 City shall comply with 2 C.F.R. 92.356 regarding conflicts of interest and shall
establish safeguards to prohibit its employees from using their positions for a purpose
that is, or gives the appearance of being, motivated by a desire for private gain for
themselves or others, particularly those with whom they have family, business, or other
association. Any possible conflict of interest on the part of City, its officers, employees,
or agents shall be disclosed in writing to County.
8.3 City shall use its own procurement procedures for the procurements of property
and services. City's procurement procedure shall comply with applicable federal, state,
and local laws and regulations, including but not limited to, the procurement standards
set forth in 2 C.F.R. Part 200, Subpart D, including but not limited to 2 C.F.R. Part
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200.321.
8.4 City shall comply with the requirements set forth in County's "Policies and
Procedures Manual," as may be amended from time to time, and incorporated herein by
reference. County will provide City with a copy of the manual and any amendments
thereto.
8.5 City shall not use HOME Funds to support or engage in any explicitly religious
activities, including but not limited to activities that involve overt religious content such as
worship, religious instruction, or proselytization, in compliance with 24 C.F.R. Part 92.257
and 24 C.F.R. Part 5.109.
8.6 City shall not take actions designed to discourage affordable housing for sale or
rent within the boundaries of County.
8.7 City shall comply with the requirements set forth in 24 C.F.R. Part 92,
Subpart H, Other Program Requirements, and 24 C.F.R. Part 5, as applicable to the
Project including but not limited to the following:
8.7.1 Title VI of the Civil Rights Act of 1964, as amended
(42 U.S.C. 2000d et seq.), and implementing regulations at
24 C.F.R. Part 1, which prohibit discrimination of persons on the basis of
race, color, or national origin, including but not limited to exclusion from
participation in, being denied the benefits of, or being otherwise subjected
to discrimination under any program or activity for which City receives
federal financial assistance.
8.7.2 Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended by
the Fair Housing Amendments Act of 1988 (42 U.S.C. 3601 et seq.), and
implementing regulations at 24 C.F.R. Part 100 et seq., which prohibit
discrimination of persons on the basis of race, color, religion, sex, and
national origin in housing practices, and which require that no action be
taken that is materially inconsistent with the obligation to affirmatively further
fair housing.
8.7.3 Executive Order 11063, as amended by Executive Order 12259
(Equal Opportunity in Housing Programs) and implementing regulations at
24 C.F.R. Part 107.
8.7.4 Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.), and
the implementing regulations at 24 C.F.R. Part 146, which prohibit
discrimination of persons on the basis of age under any program or activity
for which City receives federal financial assistance.
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8.7.5 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the
implementing regulations at 24 C.F.R. Part 8, which prohibit discrimination
of qualified individuals with disabilities in participating in, or receiving
benefits and services under any program or activity for which City receives
financial federal assistance.
8.7.6 Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.), and the
implementing regulations set forth in 24 C.F.R. Part 40, which require
certain federally funded buildings and other facilities to be designed,
constructed, or altered in accordance with standards that ensure
accessibility to, and use by, physically handicapped persons.
8.7.7 Title II of the Americans with Disabilities Act of 1990, as amended
(42 U.S.C. 12101 et seq.), which prohibits discrimination on the basis of
disability in services, programs, and activities provided by state and local
government entities.
8.7.8 Section 3 of the Housing and Urban Development Act of 1968
(12 U.S.C. 1701u, and the implementing regulations at 24 C.F.R. Part 135,
as applicable), which provides for training, employment, contracting, and
other economic opportunities for low- and very low-income persons.
8.7.9 The disclosure requirements and prohibitions set forth in 31 U.S.C. 1352
and implementing regulations and restrictions on lobbying set forth in 24
C.F.R. Part 87; and the requirements for funding competitions established
by the Department of Housing and Urban Development Reform Act of 1989
(42 U.S.C. 3531 et seq.).
8.7.10 The prohibitions set forth in 2 C.F.R. Part 2424 relating to the use of
debarred, suspended, or ineligible contractors and participants.
8.7.11 The Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) and the
implementing regulations set forth in 2 C.F.R. Part 2429.
8.7.12 The provisions relating to labor set forth in 24 C.F.R. Part 92.354 and the
Davis-Bacon Act (40 U.S.C. 3141), which relates to all laborers and
mechanics employed in the development of any part of the housing, and
requires contracts to be subject to the overtime provisions, as applicable, of
the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701).
8.7.13 The Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4852d) and the implementing regulations set forth in
24 C.F.R. Part 35, if applicable.
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Notwithstanding the above, in compliance with 24 C.F.R. Part 92.504(c)(2)(vi), City does
not assume County's environmental responsibilities described in 24 C.F.R. Part 92.352
and the intergovernmental review process in 24 C.F.R. Part 92.357.
8.8 City shall comply with the application requirements under 24 C.F.R. Part 5, Subpart
L, in order to afford persons assisted with HOME Funds the protections required under
the Violence Against Women Reauthorization Act of 2013 ("VAWA") (Public Law 113-4,
originally codified in part at 42 U.S.C. Sections 13701 through 14040), which provides, in
part, the following: notification of occupancy rights to applicants for housing and tenants,
in accordance with 24 C.F.R. Part 5.2005(a); construction of lease terms and terms of
assistance to avoid unwarranted determinations that a lease has been violated or needs
to be terminated, in accordance with 24 C.F.R. Part 5.2005(c); and adoption of an
Emergency Transfer Plan to enable appropriate tenant transfers to other units without
undue procedural constraints, in accordance with 24 C.F.R. Part 5.2005(e), and 24 C.F.R.
Part 92, Subpart H, 92.359, as applicable.
8.9 City shall comply with the recordkeeping and reporting requirements under this
Agreement, 24 C.F.R. Part 92 (including 24 C.F.R. Part 92.520(e) and
24 C.F.R. Part 92.508), 2 C.F.R. Part 200, and 24 C.F.R. Part 5.168, as applicable, to
enable County to comply with its recordkeeping and reporting requirements set forth in
24 C.F.R. Part 92.508 and 2 C.F.R. Part 200.
8.10 In addition to the audit rights, and retention of records requirements set forth in
Section 12.4, City shall provide County, HUD, and the Comptroller General of the United
States, through any of their duly authorized representatives, access to any books,
documents, papers, and records of City, or Subcontractors, which are directly pertinent
to this Agreement for the purpose of making audits, examination, excerpts, and
transcriptions. The rights of access granted under this section shall not be limited to the
required retention of records period set forth in Section 12.4, and shall remain in effect
for as long as the records are retained.
8.11 If applicable, City shall comply, and ensure that all Subcontractors comply, with
the Section 3 clause requirements that follow, including the requirement to include the
following language set forth in 24 C.F.R. Part 135.38 verbatim, in accordance with the
provisions under 24 C.F.R. Part 135. References in the language below to "contract" shall
mean this Agreement or any subcontract entered into pursuant to this Agreement, and
references to "contractor" shall mean City or its subcontractors:
8.11.1 The work to be performed under this contract is subject to the
requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of
Section 3 is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD-assisted projects covered by
Section 3, shall, to the greatest extent feasible, be directed to low- and
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very low-income persons, particularly persons who are recipients of HUD
assistance for housing.
8.11.2 The parties to this contract agree to comply with HUD's regulations in
24 C.F.R. Part 135, which implement Section 3. As evidenced by their
execution of this contract, the Parties to this contract certify that they are
under no contractual or other impediment that would prevent them from
complying with the Part 135 regulations.
8.11.3 The contractor agrees to send to each labor organization or representative
of workers with which contractor has a collective bargaining agreement or
other understanding, if any, a notice advising the labor organization or
workers' representative of contractor's commitments under this Section 3
clause, and will post copies of the notice in conspicuous places at the work
site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3
preference, shall set forth minimum number and job titles subject to hire,
availability of apprenticeship and training positions, the qualifications for
each; and the name and location of the person(s) taking applications for
each of the positions; and the anticipated date the work shall begin.
8.11.4 The contractor agrees to include this Section 3 clause in every
subcontract subject to compliance with regulations in 24 C.F.R. Part 135,
and agrees to take appropriate action, as provided in an applicable
provision of the subcontract or in this Section 3 clause, upon a finding that
the Subcontractor is in violation of the regulations in 24 C.F.R. Part 135.
The contractor will not subcontract with any Subcontractor where the
contractor has notice or knowledge that the Subcontractor has been found
in violation of the regulations in 24 C.F.R. Part 135.
8.11.5 The contractor will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but
before the contract is executed, and (2) with persons other than those to
whom the regulations of 24 C.F.R. Part 135 require employment
opportunities to be directed, were not filled to circumvent the contractor's
obligations under 24 C.F.R. Part 135.
8.11.6 Noncompliance with HUD's regulations in 24 C.F.R. Part 135 may result
in sanctions, termination of this contract for default, and debarment or
suspension from future HUD-assisted contracts.
8.11.7 With respect to work performed in connection with Section 3 covered
Indian housing assistance, Section 7(b) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450e) also applies to the work
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to be performed under this contract. Section 7(b) requires that to the
greatest extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of
contracts and subcontracts shall be given to Indian organizations and
Indian-owned Economic Enterprises. Parties to this contract that are
subject to the provisions of Section 3 and Section 7(b) agree to comply
with Section 3 to the maximum extent feasible, but not in derogation of
compliance with Section 7(b).
8.12 In accordance with 24 C.F.R. Part 92.214(b), City shall not charge any servicing,
origination, or other fees for the costs of administering the Project, except as permitted
under 24 C.F.R. 92.214(b)(1).
8.13 In accordance with 24 C.F.R. Part 92.504(c)(5), City must enter into a written
agreement with each homeowner that conforms with the requirements of
24 C.F.R. Part 92.254(a) and specifies the amount and form of HOME assistance,
rehabilitation work to be undertaken, date for completion, and property standards to be
met.
8.14 City shall ensure that the home rehabilitation performed pursuant to the Project
complies with the property standards set forth in 24 C.F.R. 92.251(b), including but not
limited to, (i) applicable state and local codes and ordinances, including zoning
requirements and the Florida Building Code; (ii) lead-based paint testing and abatement,
as needed, in accordance with 24 C.F.R. Part 92.355; (iii) the standards for major
systems, set forth in 24 C.F.R. Part 92.251(b)(1)(ii); (iv) the accessibility standards of 24
C.F.R. Part 8, and Titles II and III of the Americans with Disability Act (42 U.S.C. 12131-
12189), as applicable, and (v) uniform physical conditions standard, in accordance with
24 C.F.R. 5.703 and 24 C.F.R. 5.705.
ARTICLE 9 - FINANCIAL RESPONSIBILITY
9.1 City shall comply with the requirements, standards, and the applicable provisions
set forth in 2 C.F.R. Part 200, "Uniform Administrative Requirements, Costs Principles,
and Audit Requirements for Federal Awards" and 24 C.F.R. Part 92.505. In accordance
with 2 C.F.R. Part 200.101(b)(3), with the exception of the requirements set forth in
2 C.F.R. Part 200, Subpart F, Audit Requirements, in the event any of the provisions of
federal statutes or regulations relating specifically to the HOME Program differ from the
provisions set forth in 2 C.F.R. Part 200, the provision of the federal statutes or regulations
specific to the HOME Program shall govern.
9.2 City shall comply with the audit requirements set forth in 2 C.F.R. Part 200, Subpart
F, "Audit Requirements," and Chapter 10.550, Rules of the Auditor General, State of
Florida, as applicable. The audit required under 2 C.F.R. Part 200 must be filed with
County within one hundred twenty (120) days after the close of the fiscal year of City. All
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HOME Funds provided by County should be shown via explicit disclosure in the annual
financial statements or the accompanying notes to the financial statements.
9.3 City shall use HOME Funds provided under this Agreement only for eligible Project
activities as specified in Exhibit A and in accordance with the Project budget set forth in
Exhibit B.
9.4 City shall budget and expend all HOME Funds provided by County under this
Agreement in accordance with County's "Procedures Manual for Subrecipients."
9.5 In addition to County's right to terminate this Agreement in accordance with Article
11, City shall be required to repay to County, in County's sole discretion, any HOME
Funds determined by County or HUD to be ineligible for reimbursement under the terms
of this Agreement, including but not limited to in the following events:
9.5.1 Use of any HOME Funds for ineligible Project expenses or activities,
including any overpayments by County.
9.5.2 Any HOME Funds expended by City, or any of its Subcontractors, in
violation of this Agreement.
In the event City is required to repay County any HOME Funds pursuant to this section,
City shall repay such funds from nonfederal resources within
thirty (30) days after the notice provided by County, and if not paid, County may, in its
sole discretion, elect to withhold payment on any subsequent request for payment by City,
or reduce City's obligation to repay County by making an administrative offset against any
request for payment. County, in its sole discretion, may reallocate any funds City repays
to County pursuant to the terms of this Agreement to other eligible HOME Program
projects. This provision shall survive the expiration or earlier termination of this
Agreement.
9.6 City shall account for Program Income, repayments, or recaptured funds, as
described 24 C.F.R. Part 92.503 (collectively referred to "Program Income" for purposes
of this Agreement), in accordance with the provisions of 24 C.F.R. Part 92.503. City shall
report Program Income to County in the City's Quarterly Progress Reports. Any Program
Income received by City after the Effective Date (as defined in Article 10) that was
generated under this Agreement or any prior fiscal year HOME Program funding
agreement with County shall be returned to County in accordance with
24 C.F.R. Part 92.503, relating to Program Income under the HOME Program. Unless
otherwise provided in any Rules and Regulations of HUD, County may reallocate the
Program Income to City's HOME funding award in County's next HOME Program funding
cycle, subject to the retention of a ten percent(10%) administrative fee payable to County.
9.7 Reversion of Assets. Upon the expiration or earlier termination of this Agreement,
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City shall transfer to County any HOME Funds or Program Income on hand and any
accounts receivable attributable to the use of HOME Funds under this Agreement.
9.8 Withdrawal from the HOME Consortium.
9.8.1 If City elects to withdraw from the HOME Consortium in the subsequent
three (3) year consortia qualification period, and City is designated by HUD to be
a HOME Participating Jurisdiction pursuant to 24 C.F.R. Part 92, Subpart C, and
receive HOME funding to operate its own HOME Program, County shall transfer
to City any Program Income in County's possession and attributable to City's
HOME funding allocation, on the effective date of City's withdrawal from the HOME
Consortium. Upon such transfer of the HOME funding to City, City shall assume
all obligations and responsibilities attributable to such HOME funding.
9.8.2 If City elects to withdraw from the HOME Consortium in the subsequent
three (3) year consortia qualification period, and City is not designated by HUD to
be a HOME Participating Jurisdiction pursuant to 24 C.F.R. Part 92, Subpart C,
City shall transfer to County, within sixty (60) days of the effective date of City's
withdrawal from the HOME Consortium, any Program Income in City's possession
and attributable to City's HOME funding allocation during the period of time City
was a HOME Consortium member. County shall retain all obligations and
responsibilities attributable to such HOME funding.
9.8.3 If City elects to withdraw from the HOME Consortium, and if the applicable
three (3) year consortia qualification period overlaps with the term of this
Agreement, City must provide County with notice of termination of this Agreement
for convenience as provided in Article 11, and City shall transfer to County, within
sixty (60) days of the effective of City's withdrawal from the HOME Consortium,
any Program Income in its possession that is attributable City's HOME funding
allocation during the period of time City was a member of the HOME Consortium.
9.9 City shall comply with 24 C.F.R. Part 92.351, relating to affirmative marketing and
minority outreach programs. City shall comply with the Affirmative Marketing Policy set
forth in Exhibit G, relating to marketing of the Project to Income Eligible Households.
ARTICLE 10. TERM OF AGREEMENT
The term of this Agreement shall commence retroactively on October 1, 2019 ("Effective
Date"), and shall end on September 30, 2021, unless terminated earlier or extended
pursuant to the terms of this Agreement. City must ensure Project Completion prior to
expiration of this Agreement. City must ensure Commitment of HOME Funds by no later
than September 30, 2021 . City shall expend the HOME Funds allocated to the Project
within the term of this Agreement. City may submit a written request for an extension to
the term of this Agreement to the Contract Administrator no less than one hundred and
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twenty (120) days prior to the expiration date of this Agreement. If the Contract
Administrator approves an extension to the term of this Agreement, the Parties shall enter
into an amendment as provided in Section 12.17.
ARTICLE 11. TERMINATION
11.1 This Agreement is subject to the availability of HOME Program funding from HUD.
In the event that HUD terminates, suspends, discontinues, or substantially reduces the
HOME Funds available for the Project activity under this Agreement, as determined in
County's sole discretion, County may terminate this Agreement upon City's receipt from
County of no less than twenty-four (24) hours' notice.
11.2 Termination for Cause.
11.2.1 In accordance with 2 C.F.R. Part 200.338, this Agreement may be
terminated for cause by County, at the discretion of and through the County
Administrator, if City fails to comply with any terms under this Agreement
and has not corrected the breach within
five (5) days after receipt of written notice from County identifying the
breach. Any notice of termination provided by County pursuant to this
section shall also provide City with an opportunity to appeal the action, and
a copy of the appeal process shall be attached to the notice. City may file
an appeal within five (5) days after receipt of County's notice of termination.
11.2.2 Termination for cause by County may include but is not limited to: (i) City's
failure to meet any of the project deadlines set forth in Exhibit C, within sixty
(60) days after the applicable deadline; (ii) City's repeated (whether
negligent or intentional) submission for payment of false or incorrect bills or
invoices; (iii) City's failure to comply with applicable federal, state, or local
law or regulations, including the Rules and Regulations of HUD; (iv) City's
failure to repay County as provided for in Section 9.5; (v) City's failure to
comply with the monitoring and reporting requirements of this Agreement,
including the requirements of Section 3.3; (vi) City's material breach of the
representations and warranties set forth in Article 7; or (vii) City's
contracting with a Subcontractor who has been debarred, suspended, or is
otherwise excluded from, or ineligible for participation in, any federal
assistance program subject to 2 C.F.R. Part 2424. This Agreement may
also be terminated for cause by County if a Subcontractor is a "scrutinized
company" pursuant to Section 215.473, Florida Statutes, if a Subcontractor
is placed on a "discriminatory vendor list" pursuant to Section 287.135,
Florida Statutes, or upon the occurrence of any of the grounds set forth in
Section 287.135, Florida Statutes.
11.2.3 In the event this Agreement is terminated by County for cause, City shall
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repay to County any HOME Funds determined by County to be due in
accordance with Section 9.5. County may, in its sole discretion, reduce
City's obligation to repay County by making an administrative offset against
any requests by City for payment up to the effective date of termination as
provided in Section 11.4.
If County erroneously, improperly, or unjustifiably terminates for cause, such termination
shall be deemed a termination for convenience, which shall be effective thirty (30) days
after such notice of termination for cause is provided.
11.3 Termination for Convenience. This Agreement may be terminated for convenience
by either party, which termination date shall be not less than thirty (30) days after the date
of such written notice. This Agreement may also be terminated by the County
Administrator upon such notice as the County Administrator deems appropriate under the
circumstances in the event the County Administrator determines that termination is
necessary to protect the public health, safety, or welfare.
11.4 In the event this Agreement is terminated for any reason, County may, in County's
sole discretion, reimburse City upon receipt of a Request for Payment, utilizing the form
provided in Exhibit E, for documented and committed eligible Project expenses, in
accordance with the terms of this Agreement and Exhibit B, incurred by City prior to the
date either party provides written notice of termination to the other party. For purposes
of this Agreement, a documented and committed eligible Project expense means any
verifiable committed expense, including but not limited to a purchase order for payment
of materials and supplies, executed by City or Subcontractor on City's behalf, for Project
activities under this Agreement. Notwithstanding the above, City shall not expend, or
commit to expend, any funds for eligible Project expenses under this Agreement after
either party provides written notice of termination to the other party. Any payment by
County pursuant to this section is subject to the repayment provisions in Section 9.5, and
County shall not be required to reimburse City for any or all of the HOME Funds requested
by City where County has determined that City failed to complete the Project in a manner
complying with this Agreement or the Rules and Regulations of HUD.
11.5 Notice of suspension or termination of this Agreement shall be provided in
accordance with the "Notices" section of this Agreement except that notice of termination
by the County Administrator, which the County Administrator deems necessary to protect
the public health, safety, or welfare may be verbal notice that shall be promptly confirmed
in writing in accordance with the "Notices" section of this Agreement.
11.6 In the event this Agreement is terminated for any reason, any amounts due City
shall be withheld by County until all documents are provided to County pursuant to
Section 12.1.
11.7 If City elects to terminate this Agreement, or withdraw from the HOME Consortium
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in accordance with the provisions set forth in 24 C.F.R. Part 92, Subpart C, City shall not
be entitled to receive any unused portion of the HOME Funds.
ARTICLE 12 - MISCELLANEOUS
12.1 Rights in Documents and Works. Any and all reports, photographs, surveys, and
other data and documents provided or created in connection with this Agreement are and
shall remain the property of County, and, if a copyright is claimed, City grants to County
and the Federal Government a nonexclusive license to use the copyrighted item(s)
indefinitely, to prepare derivative works, and to make and distribute copies to the public.
In the event of termination of this Agreement, any reports, photographs, surveys, and
other data and documents prepared by City, whether finished or unfinished, shall become
the property of County, including, any patent rights with respect to any discovery or
invention which arises or is developed in the course of or under this Agreement, and shall
be delivered by City to the Contract Administrator within seven (7) days after termination
of this Agreement by either party. Any compensation due to City shall be withheld until
all documents are received as provided herein. City shall ensure that the requirements
of this section are included in all agreements with its Subcontractors.
12.2 Equal Employment Opportunity. No party to this Agreement may discriminate on
the basis of race, color, sex, religion, national origin, disability, age, marital status, political
affiliation, sexual orientation, pregnancy, or gender identity and expression in the
performance of this Agreement. City shall include the foregoing or similar language in its
contracts with any Subcontractors, except that any project assisted by the U.S.
Department of Transportation funds shall comply with the nondiscrimination requirements
in 49 C.F.R. Parts 23 and 26.
12.3 Public Records. City shall comply with all applicable requirements of Chapter 119,
Florida Statutes, including the requirements of Section 119.0701.
12.4 Audit Rights and Retention of Records. County shall have the right to audit the
books, records, and accounts of City and its Subcontractors that are related to this
Agreement. City and its Subcontractors shall keep such books, records, and accounts
as may be necessary in order to record complete and correct entries related to this
Agreement and performance thereunder. All such books, records, and accounts of City
and its Subcontractors shall be kept in written form, or in a form capable of conversion
into written form within a reasonable time, and, upon request to do so, City or its
Subcontractors shall make same available in written form at no cost to County.
City and its Subcontractors shall preserve and make available, at reasonable times for
examination and audit by County, all financial records, supporting documents, statistical
records, and any other documents pertinent to this Agreement for a minimum of four (4)
years after Project Completion, or until resolution of any audit findings, whichever is
longer. In addition, City must comply with the records retention requirements set forth in
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24 C.F.R. Part 92.508. County audits and inspections pursuant to this section may be
performed by any County representative (including any outside representative engaged
by County). County reserves the right to conduct such audit or review at City's place of
business, if deemed appropriate by County, with seventy-two (72) hours' advance notice.
Any incomplete or incorrect entry in such books, records, and accounts shall be a basis
for County's disallowance and recovery of any payment upon such entry. If an audit or
inspection in accordance with this section discloses overpricing or overcharges to County
of any nature by City in excess of five percent (5%) of the total contract billings reviewed
by County, the reasonable actual cost of County's audit shall be reimbursed to County by
City in addition to making adjustments for the overcharges. Any adjustments and/or
payments due as a result of such audit or inspection shall be made within thirty (30) days
after presentation of County's findings to City.
City shall ensure that the requirements of this section are included in all agreements with
its Subcontractors performing services for the Project.
12.5 Sovereign Immunity. Except to the extent sovereign immunity may be deemed to
be waived by entering into this Agreement, nothing herein is intended to serve as a waiver
of sovereign immunity by either County or City nor shall anything included herein be
construed as consent by either County or City to be sued by third parties in any matter
arising out of this Agreement. Both County and City are political subdivisions as defined
in Section 768.28, Florida Statutes, and each shall be responsible for the negligent or
wrongful acts or omissions of their employees pursuant to Section 768.28, Florida
Statutes.
12.6 Independent Contractor. City is an independent contractor under this Agreement
and nothing in this Agreement shall constitute or create a partnership, joint venture, or
any other relationship between the Parties. In providing the Project, neither City nor its
agents shall act as officers, employees, or agents of County. City shall not have the right
to bind County to any obligation not expressly undertaken by County under this
Agreement.
12.7 Third Party Beneficiaries. Neither City nor County intends to directly or
substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge
that there are no third party beneficiaries to this Agreement and no third party shall be
entitled to assert a claim against either of them based upon this Agreement.
12.8 Notices. In order for a notice to a party to be effective under this Agreement, notice
must be sent via U.S. first-class mail, hand delivery, or commercial overnight delivery,
each with a contemporaneous copy via e-mail, to the addresses listed below and shall be
effective upon mailing or hand delivery (provided the contemporaneous email is also
sent). The addresses for notice shall remain as set forth in this section unless and until
changed by providing notice of such change in accordance with the provisions of this
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section. All documentation or payments required to be provided under this Agreement
shall also be made at the address provided in this section.
For County: For City:
Ralph Stone, Director Michelle J. Gomez, Mayor
Broward County Housing Finance and City of Tamarac
Community Redevelopment Division 7525 NW 88th Avenue
110 N.E. 3rd Street - Third Floor Tamarac, Florida 33321
Fort Lauderdale, Florida 33301 Email address: Michelle.Gomez@tamarac.org
Email address: rstone@broward.org
12.9 Assignment. Except for subcontracting approved in writing by County at the time
of its execution of this Agreement or any written amendment hereto, neither this
Agreement nor any right or interest herein may be assigned, transferred, subcontracted,
or encumbered by City without the prior written consent of County. If City violates this
provision, County shall have the right to immediately terminate this Agreement.
12.10 Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth
in this Agreement was bargained for at arm's length and is agreed to by the Parties. Each
requirement, duty, and obligation set forth herein is substantial and important to the
formation of this Agreement, and each is, therefore, a material term of this Agreement.
County's failure to enforce any provision of this Agreement shall not be deemed a waiver
of such provision or modification of this Agreement. A waiver of any breach of a provision
of this Agreement shall not be deemed a waiver of any subsequent breach and shall not
be construed to be a modification of the terms of this Agreement. To be effective, any
waiver must be in writing signed by an authorized signatory of the waiving party.
12.11 Compliance with Laws. City and the Project, including any work, activities, or
services provided by Subcontractors, shall comply with all applicable federal, state, and
local laws, codes, ordinances, rules, and regulations, including the Rules and Regulations
of HUD, and any related federal, state, or local laws, rules, and regulations.
12.12 Severability. In the event any part of this Agreement is found to be unenforceable
by any court of competent jurisdiction, that part shall be deemed severed from this
Agreement and the balance of this Agreement shall remain in full force and effect.
12.13 Joint Preparation. This Agreement has been jointly prepared by the Parties hereto,
and shall not be construed more strictly against either party.
12.14 Interpretation. The titles and headings contained in this Agreement are for
reference purposes only and shall not in any way affect the meaning or interpretation of
this Agreement. All personal pronouns used in this Agreement shall include the other
gender, and the singular shall include the plural, and vice versa, unless the context
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otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer
to this Agreement as a whole and not to any particular sentence, paragraph, or section
where they appear, unless the context otherwise requires. Whenever reference is made
to a section or article of this Agreement, such reference is to the section or article as a
whole, including all of the subsections of such section, unless the reference is made to a
particular subsection or subparagraph of such section or article. Any reference to "days"
means calendar days, unless otherwise expressly stated.
12.15 Priority of Provisions. If there is a conflict or inconsistency between any term,
statement, requirement, or provision of any document or exhibit attached to, referenced
by, or incorporated in this Agreement and any provision of Articles 1 through 12 of this
Agreement, the provisions contained in Articles 1 through 12 shall prevail and be given
effect. If there is a conflict between any provisions set forth in this Agreement and a more
stringent state or federal provision which is applicable to this Agreement, the HOME
Funds, or the Project, the more stringent state or federal provision shall prevail.
12.16 Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted
and construed in accordance with and governed by the laws of the State of Florida. The
exclusive venue for any lawsuit arising from, related to, or in connection with this
Agreement shall be in the state courts of the Seventeenth Judicial Circuit in and for
Broward County, Florida. If any claim arising from, related to, or in connection with this
Agreement must be litigated in federal court, the exclusive venue for any such lawsuit
shall be in the United States District Court or United States Bankruptcy Court for the
Southern District of Florida. BY ENTERING INTO THIS AGREEMENT, CITY AND
COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE
TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT.
12.17 Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared with
the same or similar formality as this Agreement and executed by duly authorized
representatives of County and City. The County Administrator is hereby authorized to
execute amendments that extend the term of the Agreement or that change the Project,
so long as the Project, as amended, consists of eligible activities under 24 C.F.R. Part
92. The Contract Administrator is hereby authorized to approve, in writing, line item
budget changes to the information set forth in Exhibit B during the term of this Agreement,
and for sixty (60) days after expiration or earlier termination of this Agreement, in order to
reconcile City's expenditures of HOME Funds, provided such changes do not result in an
increase in the total amount of the HOME Funds. The written document from the Contract
Administrator approving such changes shall be deemed incorporated into this Agreement.
12.18 Prior Agreements. This Agreement represents the final and complete
understanding of the Parties regarding the subject matter and supersedes all prior and
contemporaneous negotiations and discussions regarding that subject matter. There is
no commitment, agreement, or understanding concerning the subject matter of this
Agreement that is not contained in this written document.
Page 24 of 28
12.19 Payable Interest.
12.19.1 Payment of Interest. County shall not be liable to pay any interest to
City for any reason, whether as prejudgment interest or for any other
purpose, and in furtherance thereof City waives, rejects, disclaims, and
surrenders any and all entitlement it has or may have to receive interest in
connection with a dispute or claim arising from, related to, or in connection
with this Agreement. This paragraph shall not apply to any claim for
interest, including for post judgment interest, if such application would be
contrary to applicable law.
12.19.2 Rate of Interest. If the preceding subsection is inapplicable or is
determined to be invalid or unenforceable by a court of competent
jurisdiction, the annual rate of interest payable by County under this
Agreement, whether as prejudgment interest or for any other purpose, shall
be, to the full extent permissible under applicable law, one quarter of one
percent (0.25%) simple interest (uncompounded).
12.20 Survival. County's right to monitor, evaluate, enforce, audit, and review, any
obligations by City to indemnify and insure, any representations and warranties of City,
and items of financial responsibility shall survive the expiration or earlier termination of
this Agreement. Any provision of this Agreement that contains a restriction or requirement
which extends beyond the date of termination or expiration set forth herein shall survive
expiration or earlier termination of this Agreement and be enforceable.
12.21 Further Assurance. The Parties shall execute, acknowledge, deliver, and cause
to be done, executed, acknowledged, and delivered all such further documents and
perform such acts as shall reasonably be requested of them to carry out this Agreement
and give effect hereto, and as may be required to comply with the Rules and Regulations
of HUD or any other applicable federal, state, or local laws, regulations, directives, and
objectives. Accordingly, without in any manner limiting the specific rights and obligations
set forth in this Agreement, the Parties intend to cooperate with each other in effecting the
terms of this Agreement.
12.22 Remedies. In the event of termination for cause, County may pursue any remedies
available to it at law or in equity, including, without limitation, damages, specific
performance, and criminal remedies.
12.23 Force Majeure. If the performance of this Agreement, or any obligation hereunder
is prevented by reason of hurricane, earthquake, or other casualty caused by nature, or
by labor strike, war, or by a law, order, proclamation, regulation, or ordinance of any
governmental agency, the party so affected, upon giving prompt notice to the other party,
shall be excused from such performance to the extent of such prevention, provided that
Page 25 of 28
the party so affected shall first have taken reasonable steps to avoid and remove such
cause of non-performance and shall continue to take reasonable steps to avoid and
remove such cause, and shall promptly notify the other party in writing and resume
performance hereunder whenever such causes are removed; provided, however, that if
such non-performance exceeds sixty (60) days, the party that is not prevented from
performance by the force majeure event shall have the right to terminate this Agreement
upon written notice to the party so affected. This section shall not supersede or prevent
the exercise of any right the Parties may otherwise have to terminate this Agreement.
12.24 Incorporation by Reference. Any and all recital clauses stated above are true and
correct and are incorporated in this Agreement by reference. The attached exhibits are
incorporated into and made a part of this Agreement.
12.25 Counterparts and Multiple Originals. This Agreement may be executed in multiple
originals, and may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement.
12.26 Use of County Logo. City shall not use County's name, logo, or otherwise refer to
this Agreement in any marketing or publicity materials without the prior written consent of
County.
[Remainder of Page Intentionally Left Blank]
Page 26 of 28
IN WITNESS WHEREOF, the Parties have made and executed this Agreement:
BROWARD COUNTY, through the County Administrator, authorized to execute same by
action of the Board on the 11th day of February , 20 20(Agenda Item No. 12 ), and
City of Tamarac, signing by and through its Mayor, duly authorized to execute same.
COUNTY
WITNESSES: BROWARD COUNTY, by and through its
County A inistr for
CJ� By:
Signature Bertha Henry
TAMARA BRANNON i �,s
11, �lL y of kb 41 �- 20
Print Name �� 1
Approved as to form by
Signature Andrew J. Meyers
MARMIER Broward County Attorney
Governmental Center, Suite 423
Print Name 115 South Andrews Avenue
Fort Lauderdale, Florida 33301
o`l ott IS Si "I Telephone: (954) 357-7600
4 ••' Teleco.'-r: (954) 357-7641
PEE N'
CAR G� 't By: # _ r C .
° oA5 �°. n•y Steed Date)
0 •° �, Assistant County Attorney
f� ��•p cove ``. /J �
By: ,(�Gt(� feld(k 94z.5. J2oz'
Annika E. Ashton (Date)
Deputy County Attorney
ss
FY19-20 HOME Agreement(City of Tamarac—Rehab)
12/02/19
#484241v1
Page 27 of 28
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC
PROVIDING FOR DISBURSEMENT OF HOME PROGRAM FUNDS FOR HOUSING
REHABILITATION PROGRAM FOR FISCAL YEAR 2019 — 2020
CITY
ATTEST: CITY OF TAMARAC
By: LA (6?
Clerk (SEAL) Mayor
\�\\` '�A[Col A.? l S day of7.1-1144-i"-(-',/ 20 2
O •10' 'r
kAC,
' C. •a� City Manager
• %4 \, � of �. u.Ay , 20?.O
I HEREBY CERTIFY that I have approved this
Agreement as to form and legal sufficiency
subject to execution by the parties:
)444-1ill � _r.
By:
City Attorney
Page 28 of 28
EXHIBIT A
PROJECT DESCRIPTION
Fiscal Year: FY 2019-2020
Project Description: City of Tamarac— Housing Rehabilitation Program
HOME Funds Allocation: $110,191
Program Income: $25,266
Total Allocation: $135,457
Project Description:
The total HOME Funds in the amount of$135,457 provided under this Agreement shall
be used for housing rehabilitation activities. A minimum of two (2) Income Eligible
Households shall be assisted in an amount up to $40,000 per household, including all
repair costs defined in the Agreement and Exhibit B as HOME eligible activities.Applicants
will be processed by City on a first come, first qualified, and first served basis.
City shall certify each Income Eligible Household assisted with HOME Funds under
the Agreement and shall ensure that each Income Eligible Household assisted executes
a Promissory Note and Mortgage in favor of County, which includes, but is not limited
to, the following requirements:
• The loan term shall be 15 years at 0%.
• 100% of the original principal amount of the Loan is repayable to County during
Years 1-10 if there is any type of default including sale, transfer, conveyance of
property, loss of homestead exemption, conversion to rental property, death of
homeowner, or failure to occupy the home as primary residence.
• The principal balance of the Forgivable Loan ("Loan") shall be forgiven each year
in an amount of 20% of the original principal amount of the Loan on the
anniversary date of the Loan following the eleventh (11th) year of occupancy of
the property by an Income Eligible Household. Repayment of the Loan following
the eleventh (11th) year of the Loan, when required, shall be based upon the
prorated principal balance for the remaining term of the Loan.
• Loan is forgiven at the end of the 15th year.
• Loan position no lower than second.
• Subordination policy shall be administered in accordance with County's
subordination policy.
City will prepare and record all Mortgages and Promissory Notes in favor of County, in
the form provided in Exhibit F.
Page 1 of 5
City will forward all original Mortgages and Promissory Notes with a recorded copy to the
County within 30 days.
City will ensure that the Income Eligible Household(s) list the County as an additional
mortgagee on their insurance policy(ies).
County will monitor all Mortgages and Promissory Notes recorded by City in favor of
County.
County will prepare Subordination Agreements and Satisfaction of Mortgages, when
requested by the homeowner, and as appropriate, if the requested subordination or
satisfaction is in compliance with the County's subordination policy and Sections 27.209
and 27.210 of the Broward County Administrative Code, as applicable.
County's Subordination Policy must be met for subordination to be considered:
• NO CASH OUT with HOME mortgages.
• Homeowner must retain at least 10% equity.
• Broward County must stay in second lien position.
City shall comply with HUD Rules and Regulations governing the Project, specifically the
rules and regulations of 24 C.F.R. Part 92, including, but not limited to, the following:
• All rehabilitation shall be in compliance with applicable local codes and the
Florida Building Code in accordance with 24 C.F.R. Part 92.251, Property
Standards.
• Lead-based paint testing and abatement, as needed, in accordance with
24 C.F.R. Part 92.355.
• Income Eligible Household shall refer to a household with a maximum
household income less than 80% of County median.
• Federal procurement procedures set forth in 24 C.F.R. Part 92.504(c)(4) are
applicable to the selection of the contractor.
• \Ensure compliance with the recapture and affordability restrictions set forth in
the Agreement.
• City will ensure that each household has a written homeowner agreement as per
HUD 24 C.F.R. 92.504(c)(5)(ii) prior to disbursing HOME funds.
City's Program Design is attached hereto as Attachment 1 to Exhibit A, solely for the
purpose of providing a more comprehensive description of the overall program, in addition
to the description provided in this Exhibit A.
Page 2 of 5
ATTACHMENT 1 to EXHIBIT A
PROGRAM DESIGN
Program Summary
The Housing Rehabilitation Program (Program) is designed to assist homeowners with
minor rehabilitation of substandard owner-occupied housing units in need of repairs to
correct code violations, health and safety issues, electrical, plumbing, roofing, windows
and other structural items. Rehabilitation may include, but is not limited to, mitigation
improvements such as replacement of roof sheathing, replacement of roof covering,
installation of secondary water barrier, installation of hurricane straps, and installation of
impact resistant shutters or impact resistant windows, doors, and garage doors.
Additionally, this Program provides for installation of non-luxury general property
improvements to provide basic amenities and to bring units into conformity with applicable
housing standards. All rehabilitation work is required to include initiatives for green
building design and techniques. It is estimated that a minimum of two (2) Income Eligible
Households will be awarded up to $40,000 to assist them with minor home rehabilitation.
Program Implementation Overview
The City of Tamarac's Community Development Department, through its Housing
Division, is responsible for the management, implementation, and the bidding and
construction process of the City's Owner-Occupied Minor Home Rehabilitation Program.
The Housing and Community Development Manager, or her designee, operates the
program according to the housing guidelines and consistent with HUD regulations.
Personnel will assist income eligible families who meet the HUD income guidelines and
currently own a home and occupy it as their primary residence within the City of Tamarac.
Accomplishments will be measured through the completion of minor home rehabilitation
projects of a minimum of two (2) homes within the City. Program implementation includes
the following:
1. Direct services to HOME eligible recipients and properties may include, but is not
limited to:
a. Advertise and distribute program information to assure the community is aware
of available funding through the owner-occupied rehabilitation;
b. Coordinate client intake and property eligibility;
c. Process and approve applications;
d. Perform property assessments;
e. Develop a comprehensive bid specification and scope of work for eligible units;
f. Conduct established bidding procedures;
g. Award to qualified contractors;
h. Prepare City's closing documents;
i. Schedule closings with qualified owner-occupants;
j. Prepare transmittal documents for recording in a timely fashion;
Page 3 of 5
k. Oversee and manage the construction process from permitting through the
final inspections; and
I. Review and approval of change orders.
2. Quarterly Reporting of Program Status:
a. Provide Quarterly Progress Reports on Program activities and progress;
b. Review current status of Program for compliance with HUD Guidelines and
Program objectives;
c. Complete all reports required by County and HUD;
d. Monitor Program expenditures; and
e. Prepare and submit reimbursement requests.
Recipient Selection Criteria
The City of Tamarac does not maintain a traditional waiting list. Instead, an open
enrollment period is publicly advertised on the City's website and City's publication, so as
to notify residents of the application window. After the application window is closed,
applicants are selected using a lottery system, no more than 25 applicants will be drawn
at any given time. Applicants will be ranked for assistance based on a first come, first
qualified, and first served basis.
Applicant Processing and Verification
Applicants are eligible for assistance if the home is owner-occupied and they do not have
a current lien from a prior rehabilitation grant, the first mortgage payments are up to date,
there is no second mortgage with payments or equity line of credit outstanding on the
property, taxes must be paid, homeowners association fees are up to date, current
insurance is in force, and the household is income eligible for family size established by
HUD.
The property is assessed for eligibility, determined by the amount and costs of work and
code compliance. The City will not award subsidy financing if any code violations, liens,
and/or open permits exist. Verification of income based on family size is conducted to
determine eligibility and the loan amount. The owner is income-certified once eligibility is
confirmed and all required documentation has been received.
Income Eligibility
Due to limited funding availability, the City focuses on serving the low-income categories
and follows HUD household income guidelines for the HOME Program.
Terms, Recapture and Default
The terms of the assistance are in the form of a deferred, no-interest 15-year loan. Since
this is a grant funded loan program, owner occupancy for 15 years after closing on the
home is required. Loan Forgiveness/Repayment terms are as follows:
Page 4 of 5
• 100% of the original principal amount of the Loan repayable to County during
Years 1-10.
• The principal balance of the Forgivable Loan ("Loan") shall be forgiven each year
in an amount of 20% of the original principal amount of the Loan on the
anniversary date of the Loan following the eleventh (11 th) year of occupancy of
the property by an Income Eligible Household. Repayment of the Loan following
the eleventh (11 th) year of the Loan, when required, shall be based upon the
prorated principal balance for the remaining term of the Loan.
• Loan position no lower than second.
Full repayment is due prior to the 11th anniversary date of the Loan if the home is sold,
transferred, or leased, or if property is not primary residence of the homeowner.
Subordinations shall be administered in accordance with County's subordination policy.
[Remainder of Page Intentionally Left Blank]
Page 5 of 5
EXHIBIT B
BUDGET
Each cost category below reflects the proposed amount necessary to complete the
Project by funding source(s).
CATEGORY HOME FUNDS OTHER TOTAL
FUNDING
SOURCES
A. Client Contract Cost $115,138 $0 $115,138
B. Staff Costs (15%) Service $20,319 $0 $20,319
Delivery
C. TOTALS $135,457 $0 $135,457
BUDGET NARRATIVE
The Budget Narrative statements below provide a detailed justification for each cost
category shown in the budget table for HOME funding sources utilized in financing the
Project.
A. Client Contract Cost: Cost of rehabilitation, to include soft costs, for a minimum of two
(2) Income Eligible Households at a maximum of $40,000 each = $80,000. A
balance of $35,138 included in Category A will be leveraged with additional funding
sources to assist one (1) additional Income Eligible Household, if necessary.
B. Staff Costs: Service delivery costs associated with implementing the Project such as
advertising, intake, eligibility, process applications, property assessments, etc.
= $20,319
C. Total HOME Funds available under Agreement = $135,457
Page 1 of 3
Allowable Cost for U.S. HUD Share of Budget
Federal cost principles for grants and contracts with state and local governments are set
forth in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, which contains a series of principles governing the
allowability of various types of costs under federal grants and contracts. General
information concerning the cost principles is summarized below. The following types of
costs are specifically unallowable:
(A) Advertising costs other than those associated with recruitment of personnel and
the solicitation of bids for goods and services.
(B) Bad debts.
(C) Contingencies.
(D) Contribution and donations.
(E) Entertainment.
(F) Fines and penalties.
(G) Interest.
(H) Losses on other grants or contracts.
Most other categories of cost are generally allowable under the cost principles provided
the costs are allowable and reasonable. General comments on individual cost elements
are listed below:
Personnel (Salary) costs are generally allowable provided they are based on actual
current salaries adjusted for any anticipated cost-of-living or merit increases during the
grant period. Salary costs for unidentified new employees must be consistent with the
City's overall employee compensation structure. City's compensation policy should not
change as a result of obtaining a federal grant.
Fringe Benefit costs such as pay for vacations, holidays, sick leave, employee
insurance, and unemployment benefits are allowable to the extent required by law or
established organizational policy.
Travel costs consistent with established organizational policy are generally allowable.
The difference between first class and coach air fare is specifically unallowable. In the
absence of established organizational travel policy, it is a good practice to adopt policies
consistent with the federal travel regulations.
Page 2 of 3
Equipment costs should be based on the least cost method of acquisition (rent,
purchase, lease with option to buy) over the grant period as demonstrated by competitive
bidding. Equipment costs are only allowable to the extent the equipment is directly
necessary to accomplish the grant. The cost of equipment not fully utilized under the grant
must be allocated to other organization costs to assure a fair share distribution.
Whenever practical, used equipment should be considered in meeting equipment needs.
Material/Supplies cost directly associated with the Project is allowable. Prices must
generally be justified through competitive bids except for nominal purchases.
Subcontracts/Contractual Services must be awarded on a competitive basis except in
extraordinary circumstances. The same principles applicable to individual cost principles
for grantees are generally applicable cost-reimbursement type subcontracts under grants.
Consultant agreements should include a certification by the consultant that the
consultant rate is equal to or less than the lowest rate the consultant accepts for
comparable work. Additionally, Congress prohibits the salary component of consultant
fees under HUD grants from exceeding the applicable approved rate schedule.
Construction costs include construction of new buildings, structures, or other real
property as well as alteration or repair of existing structures. Construction costs should
be supported by detailed cost estimates and competitive bidding. Consult with the
Housing Finance and Community Redevelopment Division's Compliance Officer on
applicability of the Davis-Bacon Wage determination to the Project.
Other costs include all types of direct costs not specified above. Normally, such costs
include space, telephone, utilities, printing, and other basic operating expenses.
Leverage is that which the municipality or non-profit organization brings to the Project. It
may be in the form of services or contributed operating expenses (in-kind contributions)
or cash support from the organization itself or from other sources.
[Remainder of Page Intentionally Left Blank]
Page 3 of 3
EXHIBIT C
PROJECT TIMELINE
The table below lists the main work tasks required to complete Project objectives before
the term of the Agreement expires.
WORK TASKS START-UP COMPLETION
Identify and process Income Eligible October 1, 2019 March 31, 2021
Households
Provide Quarterly Progress Reports to October 1, 2019 September 30, 2021
County
Commence Work Write-Ups December 2, 2019 April 30, 2021
Commence Repairs February 3, 2020 May 31, 2021
Repairs Completed May 31, 2020 July 31, 2021
Final Invoice to County July 31, 2021 August 31, 2021
Provide Final Quarterly Progress Report August 1, 2021 September 30, 2021
to County
[Remainder of Page Intentionally Left Blank]
Page 1 of 1
EXHIBIT D
QUARTERLY PROGRESS REPORT
Period Covered: to Date of Report:
A. Project Information.
Agency Name: City of Tamarac
Person Preparing the Report:
Signature and Title:
Project Funding Year,
Title and IDIS Activity
Number:
Project Start-Up Date:
Project Completion Date:
Amended Completion Date:(if
applicable)
B.1 Project Cost.
Total Total
Budget Expenditures Expenditures Funds
Up to Last this Billing Expended Percentage
Billing To Date
Total Project
$ $ $ $ 0/0
HOME Funds $ $ $ $
Other Funding
(specify source °/0 below) $ $ $ $
B.2 Declaration of Agency Budget Changes.
Program Income/Recapture:
Source of Program Income/Recapture:
B.3 Other Grant Awards.
Date(s): Dollar Amount
Funding Source
Page 1 of 3
B.4 Percent of Project Completed to date.
C. 1 Describe specific work tasks and qualified accomplishments completed this quarter:
Work Tasks Status (i.e., underway, pending,
completed)
C.2 Describe success or problems encountered with the Project:
C.3 Anticipated problems or concerns with the Project: Please identify technical assistance
needed and/or requested from the Housing Finance and Community Redevelopment Division
staff.
C.4 Anticipated advertisements and/or other contractual services: If applicable, has the
Housing Finance and Community Redevelopment Division staff been advised and appropriate
steps taken to assure compliance?
D. Program Objectives:
Projected Quarterly Progress Supporting
Work Tasks Yearly Total/ progress Yr-To- Documentation
Performance Date
Page 2 of 3
•
•
•
DIRECT BENEFIT REPORT FORM
Please specify total number of persons or households(as applicable)assisted/served since execution of the
Agreement
HOME Funded Activity Accomplishments
HOMEOWNER REHAB•HOUSEHOLD/ACCOMPUSHMENT DATA Exhibit"D"Continued
Subrecipient:
Accomplishment Period: Is this a Final Report'.
Cells with on asterisk(•/have DROP DOWN OPTIONS-please click an cell below
IDIS HOME Total Unit Applicable Lead Lead Hazard
Activity Funding Completed HOME Qualified as Section SO4 Paint Remediation FHA Value After
Number Year• First Name Last Name Street Address City County Zip Code Property Type Units Assisted Units Energy Star•Accessible Unit•Requirement• Actions• Insured• Rehab$
Broward
Broward
Broward
Broward
Broward
Broward
Broward
Broward
Broward
CHOOSE ONLY ONE HOME FUND TYPE-THIS FY ONEVI ENTER APPUCABLE PUBLIC FUNDS(Fund Type/Name,Amount and FY) ENTER APPLICABLE PRIVATE FUNDS
Other TOTAL H iT L
Non-Recorded Federal Other Funds$ HOME
Deferred Fees S. Fund Type.Other State Fund (THIS RECORDED
Amortise Payment Charged to this Total$ITHIS FY Fund Federal Other Federal Fund Type-Fund Other State Tax Exempt Owner Cash Private IDISd/IY All Other MORTGAGE
d Loan S Grant$ Loan$ Other FY ONLY HOME RINDS) Name _Fund FY Name Fund$ Bonds Total Private Loans Contribution$Grants$ Total$ ONLY) Funds$ TOTAL
S _ .$ •
5 • S. • 5 -
5 - 5 •- 5 - $ $ -
S - S - S - 5 - 3 -
5 - _ 5 - _ _ S - 5 - $ -
5 - -
S - _ 5 - S - 5 -
$ - $ $ • 5 • S
- -
5 5 S 5 5
Number
of
Unit Bedrooms %Median Hispanic or Household Household Total Monthly
Number • Occupant•Income• Latino• Race• Site• Type• Pent$
Page 3 of 3
EXHIBIT E
REQUEST FOR PAYMENT
HOME Investment Partnerships Grant Program
Fiscal Year 2019 to 2020
Contract Period: to
1. Project Name:
2. Organization: Telephone Number:
3. Billing Number:
4. Billing Period Covered:
5. % of Total Contract, Expended through this Billing:
Total
Expenditures Expenditures Total Expenditures
6. Cost Categories Up to Last This Billing To Date
Billin
A. Project Costs - -
Salary and Fringes
Contractual
Construction (Retainage)
Construction (All other
construction costs)
Other Project Costs
Total Expenditures
Funds Obligated:
(By Funding Agreement)
Balance
B. In-kind
Page 1 of 2
7. Details of Request for
Payment(Attach copies of
Invoices, Other Applicable
Documentation)
Invoice#
Vendor Name (If Applicable) _ Description of Service Amount
Total Request for Reimbursement$
8. Certification:
I certify that Items 1 -7 of this billing are correct and just and are based upon obligation(s)
of record for the Project;that the work and services are in accordance with the Broward County
approved Agreement, including any amendments thereto; and that the progress of the work
and services under the Agreement for the Project are satisfactory and are consistent with the
amount billed.
Signature and Title of Authorized Official Date
Page 2 of 2
EXHIBIT F
FORM OF MORTGAGE AND PROMISSORY NOTE
Return recorded document to:
Broward County
Housing Finance and Community Redevelopment Division
110 N.E. 3rd Street, Suite 203
Fort Lauderdale, Florida 33301
Document prepared by:
[INSERT NAME OF PREPARER]
[INSERT ADDRESS OF PREPARER]
Approved as to form by:
Alicia C. Lobeiras, Esq.
Assistant County Attorney
115 South Andrews Ave., Suite 423
Fort Lauderdale, Florida 33301
HOME MORTGAGE TO SECURE LOAN
FOR HOUSING REHABILITATION PROGRAM
THIS HOME MORTGAGE TO SECURE LOAN ("Mortgage") made this day of
20_, between , a , whose address is
(hereinafter referred to as "Mortgagor"), and
BROWARD COUNTY, a political subdivision of the State of Florida, whose address is 115 South Andrews
Avenue, Fort Lauderdale, FL 33301 (hereinafter referred to as "Mortgagee").
A. Mortgagor is indebted to Mortgagee in the principal sum of
Dollars($000.00)("Loan"),which indebtedness is evidenced by Mortgagor's HOME Promissory Note of even
date herewith("Note"), attached hereto as Exhibit A.
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, Mortgagor does hereby
mortgage, grant, and convey to Mortgagee the property described in Attachment A, located in the County of
Broward, State of Florida, together with all improvements now or hereafter erected on the property, and all
easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits,water,water rights,
and water stock,and all fixtures now or hereafter attached to the property,all of which,including replacements
and additions thereto,shall be deemed to be and remain a part of the property covered by this Mortgage; and
all of the foregoing, together with said property are herein referred to as the "Property."
Mortgagor agrees to secure to Mortgagee the payment of the Note, payable to Mortgagee, and
agrees to comply with the terms and conditions set forth in 24 C.F.R. Part 92, HOME Investment Partnerships
Program, including the applicable affordability periods established by the Broward County Housing Finance
and Community Redevelopment Division.
The sums secured under this Mortgage are provided in the form of a zero percent(0%)interest rate,
deferred payment, forgivable loan. [ percent( %) of the initial Loan principal amount shall be forgiven
each year on the anniversary of the date of execution of the Note, provided the Mortgagor complies with all
the terms of this Mortgage and the Note.] Upon the expiration of the term of this Mortgage as provided in
Section 2 hereof, so long as Mortgagor has complied with all the terms of this Mortgage and the Note,and no
Event of Default has occurred or is occurring, the Mortgage shall be deemed satisfied and, upon request of
Mortgagor, Mortgagee shall execute a Satisfaction of Mortgage. Mortgagor shall pay all costs of recordation
of the Satisfaction of Mortgage, if any. If, however, the Mortgagor sells or transfers title to the Property used
to secure this Mortgage prior to the full term of the Loan, or fails to comply with any terms and conditions of
this Mortgage or the Note, the outstanding principal amount of the Note securing this Mortgage shall
immediately become due and payable to Mortgagee.
This Mortgage shall be a [insert position]mortgage on the Property.
Page 1 of 8
Mortgagor hereby further covenants and agrees as follows:
1. Payment of Principal. Mortgagor shall pay when due the outstanding principal under the
Note in accordance with the terms of the Note.
2. Term of Mortgage. The term of this Mortgage shall be [ ] (_)years from the date of
execution of the Note.
3. Charges. Mortgagor shall pay, prior to becoming delinquent, all taxes, assessments and
other charges,fines and impositions attributable to the Property which may attain a priority over this Mortgage,
and leasehold payments or ground rents, if any, when due, directly to the payee thereof. Mortgagor shall
promptly furnish to Mortgagee receipts evidencing such payments.
4. Insurance.
(a) Mortgagor shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term"extended coverage,"and any
other hazards, including but not limited to floods, for which Mortgagee requires insurance. This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that
Mortgagee requires.
(b) The insurance carrier providing the insurance shall be chosen by Mortgagor
subject to Mortgagee's right to disapprove Mortgagor's choice, which right shall not be exercised
unreasonably. All premiums on insurance policies shall be paid by Mortgagor, when due, directly to
the insurance carrier.
(c) All insurance policies required by Mortgagee and renewals of such policies shall
be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause,
and shall name Mortgagee as mortgagee and/or an additional loss payee. Mortgagee shall have the
right to hold the policies and renewals thereof, and Mortgagor shall promptly furnish to Mortgagee all
rental notices and all receipts of paid premiums.
(d) In the event of loss, Mortgagor shall give prompt notice to the insurance carrier
and the Mortgagee. Mortgagee may make proof of loss if not made promptly by Mortgagor. Unless
Mortgagee and Mortgagor otherwise agree in writing, any insurance proceeds shall be applied to
restoration or repair of the Property damaged, provided such restoration or repair is economically
feasible and the security of this Mortgage is not thereby impaired. If such restoration or repair is not
economically feasible or if the security of this Mortgage would be impaired, the insurance proceeds
shall be applied to the sums secured by this Mortgage with the excess, if any, paid to Mortgagor.
(e) If Mortgagor abandons the Property, Mortgagee may file, negotiate, and settle any
available insurance claim and related matters. If Mortgagor does not respond within thirty(30)days
to a notice from Mortgagee that the insurance carrier has offered to settle a claim, then Mortgagee
may settle the claim. In either event, Mortgagee is authorized to collect and apply the insurance
proceeds at Mortgagee's option either to restoration or repair of the Property or to the sums secured
by this Mortgage.
(f) If, under Section 16 hereof, the Property is acquired by Mortgagee, all right, title,
and interest of Mortgagor in and to any insurance policies and in and to the proceeds thereof resulting
from damage to the Property, prior to the sale or acquisition shall pass to Mortgagee to the extent of
the sums secured by this Mortgage immediately prior to such sale or acquisition.
5. Purpose of Mortgage. It is expressly agreed and understood that this Mortgage secures
the indebtedness and the obligation of the Mortgagor with respect to the Loan, as the same is evidenced by
the Note, and all renewals, extensions, and modifications thereof. This Mortgage shall not be deemed
released, discharged, or satisfied until the entire indebtedness evidenced by the Note is satisfied in full.
6. Representations and Warranties. Mortgagor represents and warrants that: (a)there are
no actions, suits, or proceedings pending or threatened against or affecting Mortgagor or any portion of the
Property, or involving the validity or enforceability of this Mortgage or the priority of its lien, (b) Mortgagor is
not in default under any other indebtedness or with respect to any order, writ, injunction,decree,judgment or
Page 2 of 8
demand of any court or any governmental authority; and (c) in connection with the Loan, Mortgagor has not
made any material misrepresentations of fact relating to Mortgagor's income and eligibility for the Loan.
7. Primary Resident. As an inducement for Mortgagor to make the Loan, Mortgagor hereby
agrees to and covenants that Mortgagor will be the primary resident(s) of the Property during the entirety of
the term of the Mortgage and Note.
8. Care of Property.
(a) No building or other structure or improvement, fixture or personal property
mortgaged hereby shall be removed or demolished without the prior written consent of Mortgagee.
Mortgagor will not make, permit, or suffer any alteration or addition to any building or other structure
or improvement now or which may hereafter be erected or installed upon the mortgaged property, or
any part thereof,except the improvements,if any, required to be made with the proceeds of the Loan,
nor will Mortgagor use, or permit or suffer the use of, any of the Property for any purpose other than
the purpose or purposes for which the same is now used, without the prior written consent of
Mortgagee.
(b) Mortgagor will maintain the Property in good condition and state of repair and will
not suffer or permit any waste to any part thereof, impairment, or deterioration of the Property, or
make or permit to be made to the Property any alterations or additions that would have the effect of
materially diminishing the value thereof or take or permit any action that will in any way increase any
ordinary fire or other hazard arising out of the construction or operation thereof and will promptly
comply with all of the requirements of federal, state, and local governments, or of any departments,
divisions or bureaus thereof, pertaining to such property or any part thereof. If all or any part of the
Property shall be damaged by fire or other casualty,the Mortgagor shall promptly restore the Property
to the equivalent of its original condition regardless of whether or not there shall be any insurance
proceeds therefore. If the Property or any part thereof is damaged by fire or any other cause, the
Mortgagor shall give immediate written notice of same as soon as practicable to Mortgagee. If a part
of the Property shall be physically damaged through condemnation, the Mortgagor shall promptly
restore, repair, or alter the remaining property in a manner satisfactory to the Mortgagee.
Mortgagee's approval of such restorations, repairs,or alterations shall not be unreasonably withheld.
9. Transfer of the Property;Assumption.
(a) No part of the Property or an interest therein shall be sold or transferred by
Mortgagor without the written consent of Mortgagee. If Mortgagor sells or transfers any interest in
the Property, the outstanding principal amount of the Note secured by this Mortgage shall become
immediately due and payable. If the outstanding principal amount of the Note becomes due and
payable, Mortgagee shall provide Mortgagor notice of acceleration, in accordance with Section 16
hereof. Mortgagor shall pay the sums declared due and payable within thirty(30)days after the date
of the notice. If Mortgagor fails to timely pay such sums, Mortgagee may, without further notice or
demand on Mortgagor, invoke any remedies permitted by Section 17 hereof.
(b) Mortgagee may, at Mortgagee's option, waive its option to accelerate if, prior to
the sale or transfer, Mortgagee and the person to whom the Property is to be sold or transferred to
reach an agreement in writing that the credit of such person is satisfactory to Mortgagee, that the
interest payable, if any, on the sums secured by the Mortgage shall be at such rate as Mortgagee
shall request, and that all applicable income and affordability restrictions are met. Mortgagee shall
release Mortgagor from the obligations under this Mortgage and the Note only if(i)Mortgagee waives
its option to accelerate pursuant to this paragraph, and (ii) Mortgagor's successor in interest has
executed a written assumption agreement, in form and substance satisfactory to Mortgagee,
pursuant to which the successor in interest acquires all of Mortgagor's obligations under the Mortgage
and the Note.
10. Hazardous Substances. Mortgagor shall not use, generate, store, or dispose of
Hazardous Materials on the Property. Mortgagor shall not do, nor allow anyone else to do,anything affecting
the Property that is in violation of any Environmental Laws. The preceding two sentences shall not apply to
the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally
recognized to be appropriate to normal residential uses and to maintenance of the Property. Mortgagor shall
promptly give Mortgagee written notice of any investigation, claim, demand, lawsuit, or other action, of which
the Mortgagor has actual knowledge, by any governmental or regulatory agency or private party involving the
Page 3 of 8
Property and any Hazardous Substance or Environmental Laws. If Mortgagor learns, or is notified by any
governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance
affecting the Property is necessary, Mortgagor shall promptly take all necessary remedial actions in
accordance with Environmental Laws, and provide Mortgagor notice thereof. As used in this section,
"Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental
Laws, including but not limited to the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
formaldehyde,and radioactive materials. As used in this section, "Environmental Laws"means federal,state,
and local laws of the jurisdiction where the Property is located that relate to health, safety, or environmental
protection, including but not limited to the Federal Resource Conservation and Recovery Act and the Federal
Comprehensive Environmental Response, Compensation and Liability Act.
11. Compliance with Laws. Mortgagor shall comply with all federal, state, and local laws
applicable to the Loan and the Property, including all requirements of the U.S. Department of Housing and
Urban Development and 24 C.F.R. Part 92, as may be amended from time to time.
12. Protection of Mortgagee's Security. If Mortgagor fails to perform the covenants or
agreements contained in this Mortgage,or if any action or proceeding is commenced which materially affects
Mortgagee's interest in the Property, including but not limited to eminent domain, insolvency, code
enforcement,or arrangements or proceedings involving a bankruptcy,Mortgagee,at Mortgagee's option,upon
notice to Mortgagor, may make such appearances,disburse such sums and take such action as is necessary
to protect Mortgagee's interest, including but not limited to disbursement of reasonable attorneys' fees and
entry upon the Property to make repairs.
13. Inspection. Mortgagee may make or cause to be made reasonable entries upon and
inspections of the Property, provided that Mortgagee shall give Mortgagor reasonable notice prior to any such
inspection.
14. Condemnation. The proceeds of any award or claim for damages,direct or consequential,
in connection with any condemnation or other taking of the Property, or part thereof,or for conveyance in lieu
of condemnation, are hereby assigned and shall be paid to Mortgagee. The proceeds referred to in this
paragraph shall be applied to the sums secured by this Mortgage with the excess, if any, paid to Mortgagor.
If the Property is abandoned by Mortgagor or, if after notice by Mortgagee to Mortgagor that the condemner
offers to make an award or settle a claim for damages, Mortgagor fails to respond to Mortgagee within thirty
(30) days after the date of such notice, Mortgagee is authorized to collect and apply the proceeds, at
Mortgagee's option, either to restoration or repair of the Property,or to the sums secured by this Mortgage.
15. Event of Default. The term"Event of Default,"wherever used in this Mortgage,shall mean
any one or more of the following events:
A. Failure by Mortgagor to duly keep, perform, and observe any other covenant,
condition, or agreement in the Note or this Mortgage, including the covenants to pay when due any
sums secured by this Mortgage, for a period of ten (10) days after Mortgagor gives written notice
specifying the breach.
B. If Mortgagor or any endorser or guarantor of the Note shall file a voluntary petition
in bankruptcy or shall be adjudicated bankrupt or insolvent,or shall file any petition or answer seeking
any reorganization, arrangement, composition, readjustment, liquidation, wage earner's plan,
assignment for the benefit of creditors, receivership, dissolution, or similar relief under any present
or future Federal Bankruptcy Act or any other present or future applicable federal, state, or other
statute or law, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver,
or liquidator of the Mortgage for all or any of the properties of Mortgagor or of any guarantor or
endorser of the Note; or if within thirty (30) days after commencement of any proceeding against
Mortgagor or any guarantor or endorser of the Note, seeking any reorganization, arrangement,
composition,readjustment, liquidation,dissolution,debtor relief,or similar relief under any present or
future federal,state,or other statute or law,such proceeding shall not have been dismissed or stayed
on appeal; or if within the thirty (30)days after appointment without the consent or acquiescence of
Mortgagor or of any endorser or guarantor of the Note, of any trustee, receiver, or liquidator of
Mortgagor or any endorser or guarantor of the Note, or of all or any portion of the Property, such
appointment shall not have been vacated or stayed on appeal or otherwise; or if within ten(10)days
after the expiration of any such stay, such appointment shall not have been vacated.
Page 4 of 8
C. The entry by any court of last resort of a decision that an undertaking by the
Mortgagor as herein provided to pay taxes, assessments, levies, liabilities, obligations or
encumbrances is legally inoperative or cannot be enforced, or in the event of the passage of any law
changing in any way or respect the laws now in force for the taxation of mortgages or debts secured
thereby for any purpose or the manner of collection of any such taxes, so as to effect adversely this
Mortgage or the debt secured hereby unless Mortgagor can and does in a proper and legal manner,
pay any and all sums of whatever kind which may be incurred or charged under such new or modified
law.
D. If foreclosure proceedings should be instituted on any mortgage inferior or superior
to the Mortgage, or if any foreclosure proceeding is instituted on any lien of any kind which is not
dismissed or transferred to bond within thirty(30)days after the service of foreclosure proceedings
on Mortgagor.
E. Any default under any mortgage that is superior or inferior to the Mortgage.
Mortgagor shall have the affirmative obligation to immediately notify Mortgage in writing of the
occurrence or existence of any such default.
F. Any breach of any warranty or material untruth of any representation of Mortgagor
contained in the Note or this Mortgage related to the funding assistance provided.
G. Any action prohibited herein.
H. The transfer or lease of the Property to a third party.
The abandonment or vacation of the Property by Mortgagor whereby said
Mortgagor ceases to reside and occupy the Property as his or her principal residence.
16. Acceleration; Remedies. Except as provided in Section 9(b)hereof, upon the occurrence
of an Event of Default, Mortgagee, prior to acceleration, shall mail notice to Mortgagor as provided in Section
20 hereof specifying: (1)the Event of Default; (2)the action required to cure such Event of Default;(3)a date,
not less than thirty(30)days after the date the notice is received by Mortgagor, by which such Event of Default
must be cured to the satisfaction of Mortgagee; and(4)that failure to cure such Event of Default on or before
the date specified in the notice may result in any action in law or equity, as Mortgagee determines to be most
effectual to enforce Mortgagor's obligations, including an action for specific performance, acceleration of the
sums secured by this Mortgage,foreclosure by judicial proceeding, and sale of the Property. The notice shall
further inform Mortgagor of the right to reinstate after acceleration and the right to assert in the foreclosure
proceeding the non-existence of an Event of Default or any other defense of Mortgagor to acceleration and
foreclosure. If the Event of Default is not cured on or before the date specified in the notice, Mortgagee at its
option may require immediate payment in full of all sums secured by this Mortgage without further demand
and may foreclose this Mortgage by judicial proceeding. Mortgagee shall be entitled to collect all expenses
incurred in pursuing the remedies provided in this paragraph, including but not limited to reasonable attorneys'
fees and costs of title evidence.
17. Remedies Cumulative. All remedies provided in this Mortgage are separate, distinct, and
cumulative to any other right or remedy under this Mortgage or afforded by law or equity,and may be exercised
concurrently, independently, or successively. No act of Mortgagee shall be construed as an election to
proceed under any provision or covenant herein to the exclusion of any other, notwithstanding anything herein
to the contrary.
18. Mortgagor's Right to Reinstate. Notwithstanding the Mortgagee's right to acceleration of
the sums secured by this Mortgage, Mortgagor shall have the right to have any proceedings initiated by
Mortgagee to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this
Mortgage if: (a) Mortgagor pays Mortgagee all sums which would be then due under this Mortgage had no
acceleration occurred; (b) Mortgagor cures all breaches of this Mortgage; (c) Mortgagor pays all reasonable
expenses incurred by Mortgagee in enforcing the covenants and agreements of Mortgagor contained in this
Mortgage, including but not limited to reasonable attorneys' fees; and (d) Mortgagor takes such action as
Mortgagee may reasonably require to assure that the lien secured by this Mortgage, Mortgagee's interest in
the Property and Mortgagor's obligation to pay the sums secured by this Mortgage shall remain in full force
and effect as if no acceleration had occurred. Upon such payment and cure by Mortgagor,this Mortgage and
the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred.
Page 5 of 8
19. Recordation. This Mortgage and the Note shall be recorded in the Public Records of
Broward County, Florida.
20. Notice. Except for any notice required under applicable law to be given in another manner,
any notice to Mortgagor or Mortgagee provided for in this Mortgage shall be given by mailing such notice by
certified mail,return receipt requested,addressed to the party for whom it is intended at such party's respective
address set forth above in the introductory paragraph to this Mortgage.
21. Governing Law. This Mortgage shall be interpreted and construed in accordance with and
governed by the laws of the State of Florida. The exclusive venue for any lawsuit arising from, related to, or
in connection with this Mortgage shall be in the state courts of the Seventeenth Judicial Circuit in and for
Broward County, Florida. If any claim arising from, related to, or in connection with this Mortgage must be
litigated in federal court, the exclusive venue shall be in the United States District Court or United States
Bankruptcy Court for the Southern District of Florida. All meetings to resolve said dispute, including voluntary
arbitration, mediation, or other alternative dispute resolution mechanism, will take place in this venue. The
parties both waive any defense that the venue in Broward County is not convenient. BY ENTERING INTO
THIS MORTGAGE, MORTGAGOR AND MORTGAGEE HEREBY EXPRESSLY WAIVE ANY RIGHTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS
MORTGAGE.
22. Attorneys' Fees and Costs. As used in this Mortgage and in the Note, "attorney's fees"
shall include those fees and costs, if any,which may be awarded by a trial or appellate court.
23. Heirs,Successors,and Permitted Assigns;No Oral Modifications. This Mortgage shall
be binding upon and shall extend to the benefit of the parties hereto and their respective heirs, successors,
and permitted assigns. This Mortgage is not subject to modification other than by a written document or
instrument executed by Mortgagor and Mortgagee.
24. Jointly and Severally Bound. Mortgagor and others who may become liable for all or any
part of the obligations under this Mortgage, hereby agree to be jointly and severally bound by this Mortgage
and jointly and severally waive demand, protest, notice of nonpayment, and any and all lack of diligence or
delays in collection or enforcement hereof, and specifically consent to any extension of time, release of any
party liable for this obligation, including any maker, or acceptance of other security therefor. Any such
extension or release may be made without notice to said party and without in any way affecting the liability of
such party.
25. No Waiver;Mortgagor Not Released. It is expressly agreed and understood that a waiver
by Mortgagee(which waiver shall only be valid if given in writing)of any right or rights conferred to it hereunder
with regard to any one transaction or occurrence shall not be deemed a waiver of such right or rights to any
subsequent transaction or occurrence. It is further agreed that any forbearance or delay by Mortgagee in
enforcement of any right or remedy hereunder shall not constitute or be deemed a waiver of such right or
remedy. The procurement of insurance or the payment of taxes or other liens or charges by Mortgagee shall
not be a waiver of Mortgagee's right to accelerate the maturity of the indebtedness secured by this Mortgage.
An extension of time for payment or a modification of the amortization of the sums secured by this Mortgage
granted by Mortgagee to Mortgagor or any successor in interest of Mortgagor shall not operate to release, in
any manner, the liability of Mortgagor or Mortgagor's successor in interest. Mortgagee shall not be required
to commence proceedings against such successor or refuse to extend time for payment or otherwise modify
the amortization of the sums secured by this Mortgage by reason of any demand made by the Mortgagor or
Mortgagor's successor in interest.
26. Severability. If any provision,or part thereof,contained in this Mortgage is,for any reason,
held to be invalid, illegal, unenforceable in any respect, or in conflict with applicable law, such invalidity,
illegality, unenforceability, or conflict shall not affect any other provision (or remaining part of the affected
provision)of this Mortgage, but this Mortgage shall be construed as if such invalid, illegal, unenforceable, or
conflicting provision(or part thereof)had never been contained herein,but only to the extent it is invalid, illegal,
unenforceable,or in conflict with applicable law.
27. Captions. The captions and headings of the paragraphs of this Mortgage are for
convenience only and are not to be used to interpret or define the provisions hereof.
28. Further Assurances. Mortgagor shall cooperate with County to modify and re-record this
Page 6 of 8
Mortgage and/or the Note to the extent modification is required(i)to correct any defect or error in the Mortgage
and/or Note, or(ii)for compliance with applicable federal,state, or local law.
IN WITNESS WHEREOF, MORTGAGOR, , has executed this Mortgage.
WITNESSES: MORTGAGOR
Sign Name:
By:
Print Name:
Sign Name:
(Print or Type Name)
Print Name:
day of , 20_
By:
(Print or Type Name)
day of , 20_
STATE OF FLORIDA
)SS
County OF BROWARD
The foregoing instrument was acknowledged before me this day of
20 ,by ,as ,who is personally known to me or who
has produced as identification.
Print Name:
Notary Public, State of Florida at Large
Commission No.
My Commission Expires:
Page 7 of 8
ATTACHMENT A
To
Mortgage to Secure Loan for HOME Activities
Legal Description:
Parcel Identification Number:
Street Address:
Page 8 of 8
EXHIBIT A TO MORTGAGE
HOME PROMISSORY NOTE
HOUSING REHABILITATION PROGRAM
Forgivable Loan
$ (Amount to be inserted) , 20_
FOR VALUE RECEIVED, the undersigned ("Maker"), whose address is
Florida 33 , promises to pay to the order of BROWARD COUNTY, a political
subdivision of the State of Florida, hereof("Holder") at Governmental Center, 115 South Andrews Avenue,
Fort Lauderdale, Florida 33301, or such other location or address as Holder may from time to time
designate in writing, the principal sum of Dollars ($000.00) ("Loan") to be paid in
lawful U.S. currency.
1. The real property ("Property") securing this Loan is legally described as set forth in Exhibit A
attached. This HOME Promissory Note ("Promissory Note") is secured by a HOME Mortgage to Secure
Loan ("Mortgage") of even date herewith executed in favor of Holder, and recorded simultaneously
therewith in the Public Records of Broward County, Florida, encumbering the Property, subject to no
exceptions.
2. Holder is a recipient of HOME Investment Partnerships Program ("HOME") grant funds from the
United States Department of Housing and Urban Development("HUD")for eligible activities set forth in 24
C.F.R. Part 92.
3. The Loan provided under this Promissory Note is a zero percent (0%) interest rate, deferred
payment, forgivable loan. [ percent (_%) of the initial Loan principal amount shall be forgiven each
year on the anniversary of the date of execution of this Promissory Note, provided the Maker complies with
all the terms of the Mortgage and this Promissory Note.] On the anniversary date of the ( ) year of
the date of execution of this Promissory Note, the Mortgage shall be deemed satisfied, and the outstanding
principal amount of this Promissory Note shall be forgiven if Maker is in compliance with the terms of the
Mortgage and this Promissory Note. If, however, Maker (i) sells or transfers title to the Property used to
secure this Promissory Note prior to the full term of the Loan, (ii)fails to utilize the Property for the purposes
stated in the Mortgage, or(iii)fails to comply with the terms and conditions of the Mortgage,the outstanding
principal amount of this Promissory Note shall immediately become due and payable to Holder.
4. Upon completion of the term of this Promissory Note and payment of all amounts due hereunder,
if any, and provided that Maker complies with all other covenants and conditions of the Mortgage and this
Promissory Note, then this Promissory Note and the Mortgage shall terminate and, upon request of Maker,
Holder shall execute a Satisfaction of Mortgage.
5. If this Promissory Note is reduced to judgment, such judgment shall bear the statutory interest rate
on judgments.
6. This Promissory Note may be prepaid in whole or in part at any time, without penalty or premium.
Any prepayment hereunder shall be applied first to unpaid costs of collection, servicing fees, and late
charges, if any, then to accrued, deferred, and unpaid interest, and the balance, if any, to the principal
balance.
7. In the event of default in the terms or conditions of this Promissory Note, and if the same is enforced
by an attorney at law, Maker hereby agree(s) to pay all costs of collection, including reasonable attorney's
Page 1 of 4
fees. Notwithstanding any of the preceding provisions, Holder shall be entitled to collect a late fee on any
principal amount due and payable by Maker, in such amount as may have been adopted by Resolution of
the Broward County Board of County Commissioners and set forth in the Broward County Administrative
Code, at the time of the execution of this Promissory Note.
8. Except for any notice required under applicable law to be given in another manner, all notices under
this Promissory Note shall be provided as specified in Section 20 of the Mortgage.
9. No delay or omission on the part of Holder in the exercise of any right hereunder shall operate as
a waiver of such right or of any other right under this Promissory Note. No waiver of any of Holder's rights
under this Promissory Note shall be binding upon Holder unless Holder approves such waiver in writing.
A waiver by Holder of any right or remedy conferred to it hereunder on any one occasion shall not be
construed as a bar to, or waiver of, any such right or remedy as to any future occasion.
10. This Promissory Note shall be interpreted and construed in accordance with and governed by the
laws of the state of Florida. The exclusive venue for any lawsuit arising from, related to, or in connection
with this Promissory Note shall be in the state courts of the Seventeenth Judicial Circuit in and for Broward
County, Florida. If any claim arising from, related to, or in connection with this Promissory Note must be
litigated in federal court, the exclusive venue for any such lawsuit shall be in the United States District
Court or United States Bankruptcy Court for the Southern District of Florida. BY ENTERING INTO THIS
PROMISSORY NOTE, MAKER AND HOLDER HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER
PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS
PROMISSORY NOTE.
11. In the event that any provision of this Promissory Note is held to be unenforceable under the law,
all remaining provisions of this Promissory Note shall be binding, valid, and enforceable.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
Page 2 of 4
IN WITNESS WHEREOF, MAKER, , has executed this Note.
WITNESSES: MAKER
Sign Name:
By:
Print Name:
Sign Name:
(Print or Type Name)
Print Name:
day of , 20 .
By:
(Print or Type Name)
day of , 20 .
STATE OF FLORIDA
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this day of
20_, by , as , who is personally known to me or
who has produced as identification.
Print Name:
Notary Public, State of Florida at Large
Commission No.
My Commission Expires:
Page 3 of 4
EXHIBIT A [to Promissory Note]
LEGAL DESCRIPTION
Page 4 of 4
EXHIBIT G
AFFIRMATIVE MARKETING POLICY
A. AFFIRMATIVE MARKETING:
1. DISSEMINATION OF INFORMATION
The following methods shall be used to inform the public, owners, and potential tenants
about Federal Fair Housing Laws, compliance with 24 C.F.R. 92.351, Affirmative
Marketing, minority outreach program, and the marketing policy of the Housing Finance
and Community Redevelopment Division.
From time to time, City shall canvass the eligible areas disseminating program and fair
housing information flyers to tenant associations, civic associations, public service
agencies, tenant groups, civic and fraternal organizations, churches, housing counseling,
consumer affairs, business and non-profit groups.
Public service announcements will be made on radio and television stations. Press
releases will be placed in newspapers and other publications circulated widely in target
areas.
The Equal Housing Opportunity logo will be used on all printed materials.
2. PRACTICES AND PROCEDURES
City must adhere to the following requirements and practices in order to carry out the
affirmative marketing policies of the Housing Finance and Community Redevelopment
Division ("Division").
Advertise in circulars and periodicals having wide distribution in target areas. Display
leaflets, brochures, and other printed materials containing the equal housing logo in
conspicuous locations at places frequented by potential tenants and persons least likely to
apply for the rental housing.
3. SPECIAL OUTREACH
City shall endeavor to notify the public of its programs by conducting special outreach
activities including, but not limited to, community organizations, places of worship,
employment centers, fair housing groups, and housing counseling agencies.
4. FAILURE TO COMPLY WITH REQUIREMENTS
Failure on the part of City to comply with the affirmative marketing requirements provided
herein, or to cure or remedy identified violations within thirty (30) days of notification of
Page 1 of 2
violations by the Division shall result in suspension of undisbursed HOME Funds under the
Agreement.
B. CIVIL RIGHTS
No person shall be discriminated upon based on race, color, sex, age, marital status,
disability, religion, or national origin in the rental, lease, sale, or use of the property to be
constructed with HOME Investment Partnerships Program (HOME) Funds obtained
through the HOME Program in accordance with Title VIII of the Civil Rights Act of 1968
(Fair Housing Act) and the Fair Housing Amendment Acts of 1988, 42 U.S.C. 3601 et seq.,
and implementing regulations set forth in 24 C.F.R. Parts 100, 103, and 104.
C. INTEREST OF PUBLIC BODY
No member of the governing body of Broward County or City or any employee of the
Housing Finance and Community Redevelopment Division or City may have any interest,
direct or indirect, in the proceeds of any loan or in any contract entered into by the borrower
for the performance of work financed, in whole or in part, with the proceeds of the loan.
D. DISPLACEMENTS
Multi-family housing projects are designed to increase the supply of rental housing for low
and very low-income families. However, in the event that displacement occurs, relocation
will be conducted in accordance with 24 C.F.R. Part 92.353, Displacement, relocation, and
acquisition, and information on this policy may be obtained from the Broward County
Housing Finance and Community Redevelopment Division, 110 N.E. 3rd St., Third Floor,
Fort Lauderdale, Florida 33301.
The existing evaluation and monitoring activities conducted by the Housing Finance and
Community Redevelopment Division will be applied to the HOME Program to ensure
compliance with local and federal policies, regulations, and required reports. In instances
of noncompliance, corrective action will be taken.
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