Okaloosa County BOCC — September 3, 2013 — reading text

Liability e. Pollution Liability 4. All liability insurance shall be written on an occurrence basis and shall not be written on a claim-made basis. If the insurance is issued with an aggregate limit of liability, the aggregate limit of liability shall apply only to the locations included in this Agreement. If, as the result of any claims or other reasons, the available limits of insurance reduce to less than those stated in the LIMITS OF LIABILITY, the Subrecipient shall notify the County Risk Manager in writing. The Subrecipient shall purchase additional liability insurance to maintain the requirements established in this Agreement. Umbrella or Excess Liability insurance can be purchased to meet the Limits of Liability specified in this Agreement. K. Limits of Liability: The insurance required shall be written for not less than the following limits unless law requires higher amounts: COVERAGE LIMIT 1. Workers' Compensation a. State Statutory b. Employers Liability $1 million each accident Agreement for SHIP Program Administration Services 2013-2016 LHAP Page 7 of10 Packet Pg. 403  2. Business Automobile $1 million each occurrence (Combined Single Limit) 3. Commercial General Insurance $1 million each occurrence (Combined Single Limit) 4. Personal and Adveliising Injury $250,000 L. Notice of Claims or Litigation: The Subrecipient agrees to report any incident and or claim that results from performance of this Agreement. Within ten (10) days of the Subrecipient's knowledge, the County Risk Manager shall receive written notice describing the incident or claim. In the event such incident or claim involves injury or property damage to a third pmiy, verbal notification shall be given the same day the Subrecipient becomes aware of the incident or claim. A detailed written report is to be made within ten (10) days. M. Certificate of Insurance: 1. All insurance shall include the interest of all entities named and the respective agents, consultants, servants and employees of each and all other interests as may be reasonably required by Okaloosa County as Additional Insured. The coverage afforded the Additional Insureds under this policy shall be primary insurance. If the Additional Insureds have other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the company's liability under this policy shall not be reduced by the existence of such other insurance. 2. Certificates of insurance, in duplicate, indicating the Agreement and evidencing all required coverage must be submitted to and approved by Okaloosa County prior to commencement of any work. The certificate holder(s) shall be as follows: Okaloosa County 602-C North Pearl Street Crestview, Florida 32536 All policies shall expressly require 30 days written notice to Okaloosa County at the address set out above, or the cancellations of material alterations of such policies, and the Certificates of Insurance, shall so provide. The certificate, if on a Standard Accord, shall not include language such as "if any" or but failure to mail such notice shall impose on obligation or liability of any kind upon the County, its agents or representatives. ARTICLE XII. DISPUTES Agreement for SHIP Program Administration Services 2013-2016 LHAP Page 8 of 10 Packet Pg. 404 Any dispute arising under this Agreement which is not settled by Agreement of the parties may be settled by mediation, arbitration, or other appropriate legal proceedings. Pending any decision, appeal or judgment in such proceedings or the settlement of any dispute arising under this Agreement, Subrecipient shall proceed diligently with the performance of this Agreement in accordance with the decision of the County. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Okaloosa County. ARTICLE XIII. INDEPENDENT CONTRACTORS Subrecipient and its employees, consultants, agents or independent contractors will perform all services under this agreement as independent contractors. Nothing in this agreement will be deemed to create an employer-employee or principal-agent relationship between the County and Subrecipient's employees, consultants, agents or independent contractors. Subrecipient and its employees, consultants, agents and lower tier contractors will not, by virtue of any services provided under this agreement, be entitled to participate, as an employee or otherwise, in or under any employee benefit plan of the County or any other employment right or benefit available to or enjoyed by employees of the County. ARTICLE XIV. GENERAL PROVISIONS AND CERTIFICATIONS Agreement is a sub award under a State grant, Subrecipient celtifies that: 1. It is presently not debarred, suspended, proposed for debarment, declared ineligible nor voluntarily excluded from covered transactions by any federal depmtment or agency. 2. It is in compliance with Florida Statutes, Sections 215.422,216.347,216.3475,287.058, and 287.133; 3. It is in compliance with Rule 60A-1.017, Florida Administrative Code. 4. It is in compliance with the State of Florida Executive Order # 11-116 - E-Verify Compliance for Contractors and Subcontractors. ARTICLE XV. USE OF SHIP FUNDS WITH OTHER FUNDS If during the term of this Agreement, SHIP funds are used with other governmental funds for the Project, and both have restrictions on the same issue, then the funding source with the more restrictive regulations shall take precedence. ARTICLE XVI INTEGRATION This Agreement, including all attachments and exhibits, states the entire Agreement between the pmties in respect to the subject matter of the Agreement and supersedes any previous written or Agreement for SHIP Program Administration Services 2013-2016 LHAP Page 9 oflO Packet Pg. 405 oral representations, statements, negotiations, or agreements. This Agreement may be modified only by written agreement executed by authorized representatives of both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. FOR Okaloosa Community Development Okaloosa County Board of County ::r~~~ Commissioners By: _ _ _ _ _ _ _ _ _ _ _ __ Nam~~~ Name: Don R. Amunds Title: £.;rec.u'lJIJc.- 0 dlt'c0/t Title: Chairman, Board of County o )<"CtLooSI"t {!l1ynrn tJ-w. 4'j Commissioners Df?V~L()fMew7 LoRJ?JiZP'f7ionJ Date: /0/;(9;/3 Dme: _ _ _ _ _ _ _ _ _ _ _ _ _- - - - - ATTEST: DON HOWARD Clerk of Circuit Court By: _ _ _ _ _ _ _ _ _ _ _ __ Deputy Clerk Agreement for SHIP Program Administration Services 2013-2016 LHAP Page 10 of10 Packet Pg. 406 Packet Pg. 407 Packet Pg. 408 Packet Pg. 409 f EXHIBIT [8 , I 0\ i I. NAME OF LOCAL GOVERNMENT: Okaloosa County and City of Fort Walton Beach SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) FISCAL YEARS COVERED 2013/2014 2014/2015 2015/2016 Prepared by: Okaloosa Community Development Corporation -1- Packet Pg. 410 1 ;J ~ 1 1 ~ '}I SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) 1 t ~ ! J. PROGRAM DESCRIPTION Chapter 67-37,005 FAC, and Section 420.9072, F,S. ~ A. Name of the participating local government and Inter-local If Applicable: t Section 420.9072(5),F.S. I Okaloosa County/City of Fort Walton Beach I 1 Inter local: Yes X No Name of participating local governm-e-n-t('-s'-)I'-n the Inter-local Agreement; Okaloosa County/City of Fort Walton Beach A copy of the Inter-local Agreement is attached as Exhibit H. I B. Purpose ofthe program: Section 420.9072, F.S. & Chapter 67-37.005(3), FAC. Creation of the Plan is for the purpose of meeting the housing needs of the very i low, low and moderate-income households, to expand production of and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing. I C. Fiscal years covered by the Plan: Chapter 67-37.002, F.A.C. I! X X 2013/2014 2014/2015 I _X_ 2015/2016 i( D. Governance: Chapter 67-37.005(3)and (5)(i)FAC. and Section 420.9071(14)F.S. I The SHIP Program is established in accordance with Section 420.907-9079, i Florida Statutes and Chapter 67-37.007 Florida Administrative Code. !i The SHIP Program does further the housing element of the local government Comprehensive Plan. E. Local Housing Partnership Sect/on 420.9072(1){a), F.S. SHIP Program encourages building active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low- income persons and community groups. F. Leveraging: Chapter 67 37.007(1)(b)(c), FAC. and Section 420.9075(1)(a) and u (1)(b3, and (1)(c), F.S. The Plans are intended to increase the availability of affordable residential units by combining local resources and cost saving measures Into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other FlorIda HOUSing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. G. Public Input: Chapter 67-37.005(3), FAC. Public input was solicited through face-to-face