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HomeMy WebLinkAboutR-1995-156RESOLUTION NO. 156.95 A RESOLUTION OF THE CIry OF DANIA, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF DANIA AND BROWARD COUNry FOR THE SOUTHWEST SIDEWALK AND LANDSCAPE IMPROVEMENTS IN THE AMOUNT OF $175,OOO.OO PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY BLOCK GRANT PROGRAMS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That the City Commission of the City of Dania, Florida, hereby approves the agreement between The City of Dania and Broward County for the Southwest Sidewalk and Landscape lmprovements in the amount of $175,000.00 providing for funding and administration of Community Block Grant Programs, copy of which is attached hereto as Exhibit "A". Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 14th day of November, 1995. M o MMISSIONER ATTEST CITY CLE - AUDITO APPROVED AS TO FORM AND CORRECTNESS: .?il c, att4By. Resolution No. 156-95 Frank C. Adler, City Attorney CommunltY DevetoPrnent Divirion 115 S. Andrsws Avenue, Room 33H'J Fort Louderdole, R 33301 (305) 357{7mBROWARD COU --{ NTY November 6, 1995 Michael Smith, Interim City Manager City of Dania 100 West Dania Beach Boulevard Dania Florida 33004 Dear Mr. Smith: RE: 21st Year Funding Agreement at )57-6749. Sincerely, Ray Lubomski, Acting Director Community DeveloPment Division RL:ILS:ils (21 STYRDANIA.DGTR) Attachments cc BROW ARO COUNTY EOAPO OF COUNTY I'!Y -719S5 Enclosed are four (4) original Agreements between Broward County and City of Dania for the Southwest Sidewalk and Landscipe Improvements in the amount of $175'000' please execute all four (4) Agleements, affrx corporate seal, and return the original documents io .y utt.ntlon for processilg and execution by the County Administrator' Please do not incur costs or any expenses until you have received written authorization and execution by the County Administrator' If you have any questions or concers, please contact Ida L' Scott' Public Relations Coordinator COMMISSIONERS ' An Equol ond hovlder ol S€rvic€a John E. Rodstrom. JI Iftish Lalji, Assistant Director Ron Bono, Projects Management Mgr' i;. ri r.j.t, Program & Economic Development Mgr' Burton Goldfarb, Fiscal Management Mgr' Oppodunity Employar .lohn P. Hort Lod Nonce Foinstr SWio PoilierScotl l. Cowon Suzonne N. Gunzbu We'rc Suitding A itun For You FamllY.And Yottt Busina3,. Gerold F lhompson For GovernmenEal Entsities AGREEMENT BeCween BROWARD COUNTY and CI TY OF DANIA for IN THE A]VIOUNT OF $175,000 PROVIDING FOR FUND ING AND ADMINISTRATION OF r)(l-{lBlT "A" INDEX DEFINITIONS AND IDEMTIFICATIONS PREAMBLE PROJECTS FUNDING AND METHOD OF PAYMEM IMPLEMENTATION AND TIMETABLE PROCEDURES FOR INVOICING AND PAYMENT ASSURANCES FINANCIAI RESPONSIBILITY INDEMNIFICATION EVA].,,UATI ON AND MONITORING TERM OF AGREEME}fl| TERMINATION SUSPENSION OF PAYIVIENTS INDEPENDENT CONTFACTOR AIL PRIOR AGREEME}fTS SUPERSEDED NOTlCES AMENDMENTS ; ASSIGNMENTS REPORTS, PLANS AND OTHER AGREEMEMTS CONFLICT OF INTEREST EXECt-]lTION CONSENT TO JTIRISDICTTON GOVERNING I.^AW SEVERABILITY LEGA! PROVISIONS DEEMED INCLUDED AK L 'L LLIi I II III IV v1 VII VIII IX x XI XII XIII xIv XV xvr XVI I XVIII xrx xx xxl XXII XXIII xxrv 1 3 5 6 1 11 13 13 14 L4 15 15 l-b L6 L6 L7 r.8 18 18 18 19 19 CAF# 21 . Tem Rev. O9l13/93 l- INDEX EXHIB ITS EXHIBIT -A" project (s) Description EXHIBIT "B" Costs/Budget for ProjecE (s) EXHIBIT 'C" Timetable/ Schedule for Project (s) EXHIBIT "Dn Monthly Progress Report 22 23 27 za CAF#21 . Tem F(ev . 09/13/93 s AGREEMENT Between BROWARD. COI'NTY and C1 OF IA for ID rN THE AIqOUNT OF $L75,000 PROVI DING FOR FUNDING AI{D ADMINISTRATION OF D M BROWARD COUMTY, a Politsicalits successors and assigns, through itss Board of County This is an Agreements betsween: subdivision of the Stsatse of Florida, hereinaftser referred Eo as nCOUNTY, n Commissioners, clTYoFDANIA,itssuccessorsandassigas,hereinaft'erreferred to as " SUBGRAN:|EE. 'l wITNESSETH, t'hat, for and in consideration of t'he mutual t erms ana condiiions , - promises , covenant s an-d , plmenEs hereinafter set fortsh, CoUNTY and SUBGRANIEE agree as rorrows: AND I means tshe ADA Po licy and procedures Promulgated bY Federal Law,section 503 and 504 of Ehe Rehabilitation Act of :-973 and lhe Americans with Disabilities Act of 1990 adopted bY Broward County ' For the Purposes of Ehis Agireement -and che various covenants 'conditions, terms anl ;;";;;i";;t"t'itt' tottow' the DEFrNrrroNs and IDEMIIFICATIoNS set fo-rth below are assumed to be tsrue and correct and are agreed upon by the parties' 1.1 CAF#21 . Tem Rev. O9l13/93 -1- ARTICLE I DEFINITIONS AND IDENTIFICATTONS 1 2 N-EgBANgEg: means coUNTY specificallY those assurances made by SUBGRANTEE to set forth in Ehis Agreement. 'l P or byof Law 1.4 1.5 w PROGRAM means CommunitsY DeveloPme nE Program aPPlied for Broward County and awarded bY Ehe United StaEes DePartment Housing and Urban Development as auE.horized pursuanc to Ti I, Housing and comm 93 -3 83, as amended. uniEy Development.AcE of L974, CDBG Funds Funds; Ehe : means the CommuniE.y Development Block Grants monies giwen to SUBGRANT'EE pursuants Eo Ehe terms of thiE Agreement . COMMITTEE: means the CommiEtee for Community E "-iT.alutsuants tso Broward county ordinance No ' 1.5 COUNTY: means Broward County, Florida' DAVIS-BACoN: means the prevailins y3S9 rate as Eh" S€.t"t"ry of Labor Eo be paid laborers working on piojects of Two Thousand Dollars more. 1. ]-O GRANTEE Broward 1.12 PROJECT(S): meansArticle III hereof, and TimeEable . means Broward County, Florida, County Communi-tsy Developments Block determined bY and mechanics($2,000.00) or SEates DePartsment of Housing and or proiecEs sets forth in .rriiu:-.a scope of services Deve Iopments 84-3. lar A-12I, "Auditss of r.7 1.8 DEPAR TMENT:means tshe Finance and Administrative Services of Broward CountsY, Florj-da.DeDartmenE D ]VI SION:means the Communitsy DeveLopments Division of Brov'ard County. as Granlee of the Grant Program. 1.L1 H.U.D.: means tshe United Urban Developments . the proj ect and Exhibits 'A" 1.13 RULES AND RE IONS OF .U. D.means 24 CFR 5?0. I'Community Development Block Grant Regx-l1ats aons 24 CFR 85, "Administrative Reguirementss for Graots and Cooperat ive Agreementss tso SLatse, Loca1,and FederaIIY Recogn ized Indian Tribal Governments OMB Circular A-87,"Costs Princ iples for State and Local Governments",' OMB Circu State and Local Governments . 'l 1 1A cAF#21 . Tem Rev. o9l13/93 SUBGRANTEE: means City of Dania, municipalitsy as f"r Eh" Ptoject (s) included in the Broward CounEy Development Block Grants Program. subgrantsee CommunitY - 2- 1.3 ART I II PREA]V1BLE In order to establish the background, contexts and frame of reference for this Ag:reemenE and tso generally express Ehe objecEives and int.entions of the resPective parties herein, the following statemenes, representati.ons and explanatsions shalI be accepted as predicatses for E.he undertakings and commitsmentss included within the provisions which folIow and may be relied upon by tshe parEies as essential elementss of the mutual considerations upon which this AgreemenE is based. 2.L Title I, of Ehe Housing and Community Development AcE of 1974, P. L. 93 -383, consolidat.ed several exisEing catsegoricaL programs for communitsy development into a single program of-ommuniEy Devel-opment Block Grants ("CDBGrt ) for Ehe purpose of allowing 1ocal discreEion as Eo the detsermination of needs and priorities for a community development program. The needs andpriorities of communj.ty development in Broward County were determined by the -ommittee, the municipalitsies and unincorporatsed communities participatsing in the Broward County Community Development Block Grant Program. 2.2 Pursuant to 24 CFR 57O.2OO (a) and 570.301 of the Rules and Regulations of H.U.D., the Project (s) $rere included in the Broward County Community Devel-oPment Block Grant Program submissi-on to H.U.D. IE. was determined that tshe proposals funded under E.hj-s Project (s) would address one or more of tshe following three national obj ectsives: (a) Activit.ies benefiting lovr and moderate-income Persons- (b) Activit.ies which aid in Ehe preventsion or eliminatsion of slums or blight ; (c) ActiviEies designed to meet community development needs having a part.icular urgency. 2.3 Under the Rules and Regulations of H.U.D., coh{rY is adminis- trator for t.he Program and coUMfY is mandated to comply wit.h various st.atutes. rules and regn:latj-ons of the United States and tshe Rules and Regir:lations of H'U.D., as Eo the allocation and expenditure of funds as well as protsecting Ehe interestss of ceitain classes of individuals who reside in Broward County, Florida. 2.4 COUNTY is mandated by H.U.D. t.o conduct all programs and activities relatsing to housing and communitsy development in a manner which wiIl affirmatively further fair housing. COUNTY CAF#21. TemRev. o9lr-3l93 -3- taking actions designed tofor sale or rent vrit.hin thenot eligible to receive CDBG 2.5 2.6 CAF#21 . TemRev, 09/L3/93 will fund only those SUBGRAMIEES who have taken sEeps to promote fair housing. coUNTy is desirous of disbursing Ehe funds t,o SUBGP.AITrEE. Ilowever, as administ,rator for t.he Program, COUMTY desires toobtain the assurances from SIIBGR ANIEE, and SITBGRjAN:rEE so assureg COITMrY, that. SUBGRAITTEE will comply wiEh the statsutes, ruleE and regnrlations of the United staEes, the Rules and Reg:u1atsions of g.u.p., tshe st,atse of Florida, and .appl.icab1ecoEes and reg-uIatsions of COUMIY relat,ing to the Projects (s) and Ehe Program, as a conditsion precedent to Ehe release of such f unds to SUBGRJAI{TEE . Any SUBGRANTEE found to be dJ.scourage affordable housing confines of Broward County is This Agreements !s subj ect Eo the awailabiliEy of funds as more specificallt described in ArE.icle IV and Article XII hereof. ARTICI.,E I I I PROJECT (S) SUBGR AIITEE hereby agrees to provide and implemenE the following eligible ProjecE (s) : SouthweEt Sidewalk and Landscape ImprovemenEs ARTICLE IV FI]NDING AND METHOD OF PAYMENT 1 The maximum amount payable by CoITNTY under this Agreementshall be $175, 000. 2 coulrrY agrees to reimburse SUBGRANTEE for the Projects (s) expenses incurred as provided for in Exhibit rrBrr att,achedheieto, provided suspension of paymenE as provided for in Art.icle iIII hereof has not occurred, and prowided further 4 4 -4- This proposal was submitted and approved in tshe 21st year Process. such Project (s) is (are) more specifically described and sets forthin Exhibit, nAn attached hereto and by this reference made a Parthereof. 4.3 5.1 5.2 5.3 5 5.5 5.5 that SLIBGRANTEE complies with Ehe procedures for invoj.ces and pa)rmenls as set forth in Article Vf herein. coUNTY sha11 pay SUBGRAMTEE as specific consideration for the indemnification of Article Ix, the sum of ONE DoLLAR ($1.00) in cash, 'Ehe receipt of which is hereby acknowledged by SUBGRANTEE. IMPLEMENTATION AND TIMETASLE SUBGRANTEE agrees to implement Project (s) and comply wiEh tshe timetable set forth in Exhj-biE "C, " attached hereto and made a part hereof. Failure Eo maj.ntain tjre implementation schidule within sixty (60) dafs of the checkpoints identified in the limeEable shalI warranE , a fuII review by Division staff. Such referral shaII be the firsu sEep tsoward possible reprogrammj-ng of funds. Failure Eo maintain Ehe imblementatsion schedule within ninety (90) days of checkpointss sfrlf:. be cause for an attsendant recommendati.on from the Dj.vision thats all uncommitt,ed and unexpended funds be tsransferred tso the contingency accounE or be reprogrammed, consisEenE with the Housing and Community Development AcE of L9'74, as amended. A11 specificaEions and plans prepared or tso be used for the eroje-t (s) shal1 be certified and approved by SUBGRANTEE and submitted to tshe Division for approval prior to advertisement or implementat ion as applicable. No consEruction work may be undertaken without written authorization from the Division prior Eo SUBGRA!{:IEE'S issuance of a formal NoEice to Proceed. 4 AlL change ordersDivision. musE receive prior approval from tshe At the completion of each Projects, "as-builE drawings, when necessary, shall be submitted to the Division for approval prior !o final payment . The Division may issue a siop Order Eo SUBGRANTEE which will halt all work on the ProjecE in the event Ehats the work i.s not being done according Eo specifications or when, in Ehe Oivition Director's judgmenE, SUBGRANTEE or iEs contractor have violated federal gruidelines and regnrlatj.ons, Ehe assurances conEained herein, or the prowisions of this AgreemenE. CAF#21 . TemP.ev.09/t3/93 -5- ARTI CLE V ARTICLE VI PROCEDI]RES FOR INVO I CI AND PAYI"lENT 5.1 SUBGRANTEE. a municipality, shaIl invoice COUICIY monthly on the following basis: (a) SUBGRANTEE sha11 provide CoUNTY with a certified copy of the bid awards, it necessary, authorizing the work tro be done on the ProjecE (s) . (b) STIBGRANTEE shall provide coUMiY with documentration of ieveraging which hias occurred during each month' (c) SUBGRANTEE shall submits a certified copy.of .Ehe purchase order authorizing the services for which it is invorcrng' (d) If SUBGRANTEE has awarded a contract E'o an independenE' conEractor Eo perform Project (s) services, SUBGRANTFE shall submiE to couNTY a certified copy of - the contractor'= in""i"u suatsing E'he services rendered and the date tshe services were rendered' (e) SIIBGRANTEE adminisEratsor or his autshorized representatsive shall certify if:ac the work thaE is being invoiced has been completed. (f) In addiEj-on. SUBGRANTEE shaI1 provide COI'NTY with monthly progress rePorts, as provided in Exhibit "D'rl Upon receiving the invoices, reports and other materials as a-"=.tiu.a by -section e . i. tir. pivision shall audit such bid awards, conlract.s. i.potc= and invoices Eo determine whether t.he items invoiced friir. Uu.t completed and thats the invoiced iEems are proper for PaYment. Upon determinaEion by the Division E-hats the services *it.ri.1 invoiced have been received or completed' Division sha1l authorize the Broward County Finance Administratsj.ve Services Departsment tso make Payme-lt SUBGRANTEE the amount. it deteimines, Pursuant to the audits' be payable . For purposes of this section, inwoices,- -reports ,and o1h91 mateiiais as described in Section 5.1, shatl noE be honored if received later E.han sixty (50) days after expiration- or t.erminaEion of this Agreeme'nt, except invoices for impact fees which will be honoled up tso twelve o'2) months after expiration or tserminatsion of tshis Agreement ' a1 5.3 6.4 CAF#21 . Tem P..ev. 09/r3/93 or lhe andto tso -5- 5.5 SUBGRANTEE agrees to notsify the Division at leasc forty-eight(48) hours ii advance of che date thaE work on the Project (s) will be initiaEed in order thaE on sitse inspecEions may be conducted by COUNTY. SUBGRANTEE agrees to expend the funds allocaEed tro Ehe Project (s) by October 31, L995. A11 funds not expended within tshe term of tshis Agreement shall remain in the custody and control of COUNTY. 6.5 ARTICLE VII ASSURAN 7.t 7 .2 7.3 SUBGF-ANTEE hereby agrees to comply with the provisions of Section 202. Exeiuti-ve order LL245, and wich the guidelines for applicantss on equal opportsuniEy obligations for CDBG Funds in regard to construction contracts. SUBGRANTEE hereby agrees Eo submiE to the Dj-vision at least t.wo (2) weeks prior Eo the acEual date, writt'en notif icati-on of all prebid and construction conEracts. SUBGRANTEE hereby agrees Eo comply with all applicable federal-, stat.e a;d c-ounty lars, ordinances, and codes and regulaEj.ons. Arry confl,icC or inconsisteocy between tshe -abovefederal , stace o-r county guidelines and regulaEions and this AgreemenE shalt be re=oired in favor of the more restsrictive regulations. SUBGRANTEE hereby agrees to act in accordance with Tj-t1e VI of the Civil Rights Ac-t of 1954 (P.L. 88-352), no Person i'r trhe Unit.ed StateJ shalI, on the ground of race, color, or national origin, be excluded from participation in, be denied the benEfits of. or be otherwise- subj ecied to discrimination under any program or activity for whiCh SUBGRAIITEE receives federal f i-nancial assj-stsance and will immedj-ate1y take any measures necessary Eo effecEuate Ehis Ag:reement. If any real propertsy or strucLure tshereon is providid or improved wj-th the aid of federal financial assisLance extended to SUBGRANTEE. this assurance shall obligate SLIBGRANTEE or in the case of any transfer of such property, any t.ransferee, for Ehe period during which the ieal propertry or strucEure is used for a purpose for which Ehe feaer;I financial assistance is extsended or tor anot.her purpose involving Ehe Provision of similar services or benefiEs. SUBGRAI{TEE hereby agrees. if applicable, to inform affected persons of the benefics, policies, and procedures provided for under H. U. D. regrrlat.ions. 7.5 CAF#2l- . TemRev. o9l13/93 7.5 7 .7 7.8 7.9 7.10 1 .tt 1.L2 SUBGRANTEE hereby agrees t.o establish safeguards tso prohibiE employees from using posit.ions for a purpose lhat j.s or gives th- appearance of being motivaEed by a desire for privat.e gain for Ehemselves or others, parEicularly tshose with whom they have family. business or other ties. SUBGRANTEE hereby agrees furtsher tshat. it shall be bound by Ehe standard Eerms and conditions used in Ehe GranE Agreements and such oEher rules, regulations or requirements as H.U.D. mayreasonably impose, in addition Eo the aforementsioned assurances provided at., or subsequent Eo, tshe execut.ion of this Agreement, by Ehe parties hereto. If applj-cab1e. SUBGRANTEE hereby agrees Eo carry outs tshe relocaEion process in such a manner as Eo provide displaced persons with uniform and consj.slenL services, and assure Ehat ieplacement housing will- be avail-abIe in the same range of choices with respect tro such housing to all displaced persons regardless of iace, co1or, relj-gion, or natrj.ona1 orj-gin pursuan! Eo t.he uniform RefocaEion Assistance and Real ProperEy AcquisiElon Policies Act of 1970, as amended. SUBGRANTEE hereby agrees t.o comply wiEh Ehe requj-rementss and standards of OMR Circular A-8?, "Principles for Detsermining Costrs Applicable to GranEs and Contracts with Stsate, Local , and Fedeially Recognized Indian Tribal Governments," ar:d 24 CFR 85. AEtlchmeni p of oMB Circular A-102, entitled .Audit Requirement.s" is superseded by OMB Circular A-L28. SUBGRANTEE hereby agrees co incorporaEe COUNTY'S Small Disad- vantaged Business Enterprj-ses Affirmative Action Program reguiiemenus and H.U.D. regulations for all contsractss of $1O,OOO.Oo or more awarded by SUBGRANTEE pursuant to uhi-s Agreement. . SUBGRANTEE hereby agrees Eo incorporate COUII:IY'S First Source Hiring Agreement Requirement within all contracts awarded by SUBGRANTEE pursuant tso tshis Agreements. SUBGRANTEE hereby agrees to comply wj.th the following require- ments as they relJte to acquisition. 1ease, sublease, and dispositsion of real properEy. (a) Before entsering into a lease or sublease witsh a third parEy, SUBGRANTEE shall not.ify the Division of his/her intent to entser inEo a lease or sublease, prowide a copy of the proposed lease or sublease and obt'ain the Division' s consent . (b)ProperEy acquired through a CDBG funded Project shal!-!9 used for the original approved purpose and SUBGRANTEE CAF#21 . Tem Rev. o9l13/93 -8- shall demonstratre significant mat.eriaL progress within eight.een (18) mont.hs of closing on such property. In t.he event. such material progress is not evj-denced nor commenced wiEhj.n said eighteen (18) monEhs of closing, SUBGRANTEE hereby agrees Eo transfer ownership of Ehe property acquired wit.h CDBG Funds to couNTY, if couNTY so requests in writsing. (c)A11 real property transferred Eo coUNTY'S ownership. as a resuIts of tne jforemenEioned deficiency or sj-gnif icanE material progress or real property returned as a result of expiraiion and subsequent terminatj-on of Ehe original Funding Agreement, shall be used by COUNTY at itss discreE.ion for reallocation Eo other eligible CDBG acE.ivit.ies Real property acquj-red utilizing CDBG Funds used for purpose of housing constructi.on shal1 be deeded to home tuyers at no cosE unless oEher provisions are made parE of a specified provision of Ehis AgreemenE and approved by t.he Division. Any income realized as a result of Ehe disposit.ion of property by SUBGRANTEE shal1 be reEurned t.o COUNTY, unless otherwise provided for by writ.ten agreement . Any regiulaE.ions, polj-cies, procedures. or requirementss governing t.he acquisition, use and disposiEion of real property, including buE not limited tso the Uniform Relocation and ReaI Property AcquisLtion Policies Act, shall- be f o1l-owed and provj-sions of said regulatsions,policies, procedures and requiremenEs sha11 be meE. The income of persons benefiting from acquisition of real- property used for housing sha1l not exceed H.U.D. Section E g-uidelines unless writ.Een authorization is given by tshe Division. (d) (e) (f) 7.13 CAF#2l- . TemRev.09/r,3/93 (S) Proceeds from t.hewhole or in part accordance with 2 management . sale of real. property purchased inwith CDBG Funds shal1 be handled in 4 CFR 85.31 pertaining Eo ProPerty (h) Method of t.ransf ers of real property acquired wiEh or improved by use of CDBG Funds shal1 be accomplished after approval by the Dj-rector of the Communit.y Developments Division. Real property, equiprnents and supplies acquired with CDBG funds and no longer needed for t.he originally autshorized purpose shal1 be dilposed of in tshe manner autshorized by the Director -9- of the Communit.y DevelopmenE Division CFR 85 afler ThC SUBGRAI{TEE hAS instruccions. and consisEentr with 24 reguesEed disPositrion 7.14 In insEances where tshere is construction work of over $2, OOO. O0 financed in whole or part with CDBG Funds under this Agreement, SUBGRANTEE agrees Eo adhere to the Davis-Bacon Acts' 4O U.S.C. 275a-276a-S, Js amended, which requires aI1 Iaborers and mechanics working on Ehe Project be pai'd not le-ss t'han prevailing wage rates as determined by che Secretary of Labor' 7.15 In instances $rhere SUBGRANTEE is seeking to use CDBG Fuods for payment of impact fees, SUBGRANTEE musts atEempt to secure a-r"i.ret of sucli impact fees. If SUBGRAMEE is unsuccessful in obEaining a waiv6r, SUBGRANTEE must submit tso the Division documentition reflecting SUBGRANTEE's unsuccessful efforts prior to uEilization oi CDBG Funds for payment of impact ?.15 SUBGRANTEE hereby agrees thaE CDBG Funds shall not be used for religious activiti-es or provided tso primarily . religious entiEies for any activitiei, including secular activilies ' ?.17 SUBGRANTEE hereby agrees to adminisuer, in good- faith' a policy designed io "-="rrt. a workplace free from E'he i11ega1 it., i""""=6j-ot, or distsribution of dnrgs or alcohol by its beneficiaries ' ?.18 SubgranEee hereby agrees tshats applicants for rehabilitaEion assLstance, ceninti in housing being rehabilitatsed and frrt.h^".r.'of HUD-associated housing will be provided with information concerning the dangers of Lead-Base Paint' 7.19 Subgrant.ee hereby agrees tshat: (a) No federal appropriatsed funds have been paid or will be paid, by or on ULtratf of t.he undersigned, tso any.person ior influencing or attsempt,ing tso influence an offlcer or employee of anf agency, a member of congress, an officer oi.*ptoy." of cdngress, or an employee of a member of Congrlss'in conneciion with the awarding of-any. federal contract. uhe maki-ng of any federal grant, tshe making.of any federal loan, t-he enc6ring into of any cooperatj've agieement, and ihe exlension, continuation, renewal' airendmenE, or modification of any federal contract, grant, loan or cooperatj.ve agreements. (b) If any funds ot.her than federal appropriated. funds have been paid or will be paid tso any person for-influencing or atstempting tso influence an officer or employee of any agency, - *ui,b". of Congress. an officer or employee of CAF+ 2 L . TemRev. 09/L3/93 - 10 - Congress, or an employee of a menber of Congiress in connecEion with this federal contract, granE, 1oao, or cooperative agreement, Ehe undersigned shall complete and submiE Strandard Form - LLL, "Disclosure Form to Report Lobbying, " in accordanc,e with its instrucEions. (c) The undersigned sha1l require that the language of Ehis certificati6n be included in Ehe award documents for al-I subawards at all Eiers (incJ-uding subcontracts, subgrants, and. contracts under granEs. loans, and coo;erative agreements) and that all subrecipients shall certify and disclose accordingly. 7.20 SUBGRANTEE hereby agrees to act in accordance wich secEion 503 and 504 of t.he nefrili-t iuat ion AcE of 1973 and Ehe Americans wit.h DisabiliEj-es Act of 1990 in addressing the problem of discrimination against individuals with disabilities in such areas as employme-nt, housing. public accommodations, educatsion and Eransportat. ion. 7.2r In accordance wlth SecEion 519 of Publi-c Law 101-144, (tshe HIID Appropriations Acts), Subgrantee cerEifies Ehat: Its has adopted and is enforcing a policy prohibj-t'ing -the use of excess j-ve force by 1aw enfotcemett agencies within itss jurisdiction againsts any individuals engaged in nonviolent civil righcs demonstrat ions. 7.22 SUBGRANTEE shall comply with Tit1e I and TiEle I1 of che Americans Wigh DisabiiiCies Act regarding nondiscriminatj-on on the basis of disabiliEy in employment and in state and loca1 government servi.ces, in the- course of providing services funded in whole or in part by Broward CounEy. ARTICLE VIII FINANC lAL RESPONSI B ILITY .,-1 8.2 8.3 SUBGRANTEE hereby gives COUNTY. H.U.D., and tshe Comptsroller General, chrough -any auuhorized representatsive, access to and tshe righE Eo eiamine aII records, books, papers, or documentss relating Eo uhe Project (s) . SUBGRAI{TEE hereby agrees tso maincain books, records and docu- ments in accordaircJ with accounting procedures and practices which sufficiently and properly rJflect all expenditures of funds provided by COUNTY under thj-s AgreemenE - SUBGRAIITEE hereby agrees tshats if it has caused any funds- -Eo be expended in viola-E.ion of this AgreemenE, its shall be CAF#21 . TemRev.09/13/93 -11- responsible Eo refund such monies in full nontederal- resources, or if Ehis Agreement is any subsequent. request. for paymenE sha11 COUN:|Y . If SUBGBANTEE receives $25,Ooo.Oo or more a year in federal grant. funds, SUBGRANTEE hereby agrees to have an auditr made in Iccordance with oMB Cj-rcular A-128, entitled "AudiEs of State and Loca1 Government.rr The audit shal-I cover the entire operatr j.ons of t.he local government or, a! the option of thats governmenE, may cover o;1y the department or agenc-y -thaEieceived, "*p.id"d, or otirerwj-se tdmj-nisEered the federal funds. Sucli audit must be filed with COUNTY witshin one hundred eightsy (180) days afEer t.he close of the fiscal year of the governmenEal entl-ty. A11 granE funds from COUNTY should 6e shown via .*pii"it diJclosure i-n uhe annual financial stsatementrs and/tr Lhe accompanying notses Eo Ehe financial staEementss. SUBGRANTEE hereby agrees and understands thaE' all funding auEhorj-zation thiougir a CDBG shal] be used only for eligible actriviEies specifically outlined in this Agreement ' SUBGRANTEE shiIl demonslrate significant matserial progress witshin tshe timetable in Exhibit -'C, " aEtsached hereto and by reference made a part hereof. In tshe event' such matserial ttogt.=" is neitlier ewid.enced nor eommenced within said iimEtaUle, the CDBG Funds shall reverE Eo CoUNTY as provided in this lgr..*.tt and shall be issued by COUNTY at its discretion for reallocation tso other eligible CDBG projects ' Upon the prior wricEen approval of Ehe Director of tshepl.ri"i"rr, $togt". income g.ir-.."t.d as a resuIts of receipe of CDBG Funds sh;II be used in one of tshe following manners: (a) Added to funds commiE.ted to the Project (s) by SUBGRANTEE and used proportionally Eo Ehe original funding allocatsion t-o furt.her eligible program objectives' (b) To finance the nonfederal share of the Projects (s) when approved by the COUTEY. (c) Only for eligible CDBG activities as approwed by COUIflfY ' (d) ReEurned t.o couNTY upon written requesE of the Division' EO COUNTY fTOMsEi1l in foree,be withheld bY 8.5 8.5 8.7 CAF+21 . TemRev.09/13/93 - LZ- SUBGRANTEE hereby agrees Eo budgeE and expend all CDBG -Fundsin accordance ,ith" the Division's "Procedures Manual for Subrecipients. " 8.8 8.9 SUBGRANTEE is required to and hereby agrees .Eo .ac-count for ;;A;; ir,.otnu refaued to Proiect (s) f inanced in whole or part wiEh CDBG Funds . Anv real properEy under Ehe SUBGRANTEE'S conErol EhaE lvas ;;a-l-rirJ "-t-if;pi"i.a in whole or in part with GDBG Funds shall be: (a) Used tso meet one of the National objectives in 24 -CFR570.208 unEil five (5) years after expiratron o! Enls AgreemenE ,' and (b) Disposed of, if disposition occurs, in a manner thaE resulEs in tne- courlti being reimbursed in the amounE of the currenu fair market value of tshe propertry -1ess any f-iti"" of t.he value aEtributable Eo Ehe expenditure of 'non-CDBG Funds for acquisition of or improvemerrE Eo tshe property . ND TICLE ICATI ART I LEX UAT AND U ol SUBGRANTEE, to the extsenE allowed by Iaw, will at a11 . times ;;;;;ft.. l-ndemnify and hold harmleis, couNTY, j'ts officers' ;;;;i; and employ6es, against anv and all claims' Iosses' liabilities, or e*pendiiures of lny kind. including court costs and expenses, iccruing or resulting from .any or all suitrs or damages of any kind result'ing from injuri-es or e;;;;.= -"";tai-ned by any person or persons, corporation or pi"pJtty, by virtsue -of tte- performance of this Ag:reemen! ' COUNTY gives specific consideraEion tso SUBGRANTEE for the iot.g"irig indemnif icat ions in Article Iv of E'his AgreemenL ' R ' SUBGRAIITEE agrees that the Division will carry out periodic ."nit"iirrg ita .r"1r"ilon activities as deEermined necessary by Ehe Division. The continuation of t.his Agreement. is dePe-n-denc upon r"ti.i-.t"ty evaluation conclusions ' Such evaluation wi-11 be based on the terms of this Agreement, comparisons of planned .versus ".t"rf pi"gress relating io erolect (s) Scheduling, bud-g-et s '-in-kindcontriblti6ns and ou,cpr.r1 measuies. Upon request SUBGRAI{TEE. agrees to furnish tso the Di;ision Dj-rectsor, COUNTY or Eheir d,eslgnees, such records .ta- -itt".*ation, including copie.s and/or iianscriptions, as is determined necessary by the Division or CAF#21. TemRev. 09/L3/93 - lJ - COUNTY. SUBGRINTEE shall submiE on a monEhly and quarterly basis, and at. other E.imes upon the requesE of the Division DirecEor, information and staEus rePorts reguired by Division, COUNTY or H.U.D. on forms approved by the Division Director. ARTICLE XI TERM OF AGRE This Agreement. shall commence on the day tshe-Division Di.rectsor provides a rrrj-tten Noeice to Proceed for the Project (s) to SUgCRANfeU and sha1l terminatse on October 31, 1995. ARTICLE XII 12.l t2.2 TERMINATION This AgreemenE is subject Eo Ehe availabiliEy of. funds' Should funds no longei be available, Ehis Agreement . sha1l terminate upon no less uhan twenty- four (24) hours notl-ce rn writing to SUBGRANTEE. Said noCice shall be delivered by certified mai1, reEurn receip! requestsed, or in person, wiuh proof of delivery. COUMIY shall be the final authority as tso t.he availabilitY of funds . If. through any cause, SUBGRA\ITEE fails to commence work on the Proje-ct, a! set forth in Exhibit "C," within chree- (3) monEhs from the date of execuEion of this Agreements, or faiLs io fuIfj.II in timely and proper manner itss obligatsions under tshis AgreemenE. or-it suecRlNTEE shall violatse any of Ehe covenant.s, agreemenLs, or stipulations of this Agireements COUNTY shal1- Ehereupon have fire right to terminate Ehis AgireemenE ot .r.,"p.rr& payment in - whole or part by giving ,iitt.., notice to srrecRiNTEE of such termination or suspension "i f"ytn""t and speeifying the effective date tshereof, ats least fiv'e '(5) days 6efor6 tshe effective date of termination or .rr.l"nsiott. If paymenEs are witshheId, the Division shal1 ;;;;iiy i; writing the actions that must be t'aken bv SifeORAi.Ttnf as a co.rdition precedent. t,o resumption of paymentss and should specify a reasonable date for compliance ' In the evenE of tsermination, all finished or unfinished documentss, data studj-es, surveys r drawings, 6aPl, model's' photographs, reportss prepared, capital equipmenE and any oEner isseti 6ecured- by S-UBGRANTEE witsh CDBG Funds under tshj-s Agreements shall be retsurned to COUNTY. 12 .3 CAF#21 . Tem Rev. 09/r3/93 -14- L2.4 ]-2.5 12.5 A1l- requests for amendment.s to Ehis submit.ted in wriEing Eo the Direct.or Development Division no less than nineEy the termination date of the Agreement. Not.withst.anding trhe above, SUBGRANTEE shal-I noE be relieved of tiabiliEy to Couxrv for damages sustained by couNTY by virtue of any breach of Ehis Agreement by SUBGRAI{TEE, and CoUNTY may withh;Id any payments t.o SUBGRANTEE, for Ehe purposes of setsoff untii ;u;h time as the exacE amounts of damages is determined. In the best. interests of the program and in order Eo better serve che people j-n the E.arget areas and ful-f i1I the purposes of Lhe Act, either Party may Eerminatre this Agreement upon giwing thirty (30) days notice in writsing of its intsenE Eo Eerminate, slating its reasons for doi-ng so. In uhe event COUNTY terminaces the Agreement, COUNTY shal1 pay SUBGRINTEE for documenEed committed eligible costrs. Agreemen! must beof tshe CommunitrY (90 ) days Prior Eo ARTICLE XIII SUS PE S ION OF PAYIV]E l-3.1 The parEj-es hereby agree Ehatsufficient cause for susPensioninclude but are not limi-E.ed E.o: theof f ol lowing pa)rments . evenEs are Such events (a) Ineligible use of CDBG Funds; (b) Failure Eo AgreemenE i comply wiEh the work program or terms of this (c)Failure to submit report.sfavorable audit. report; and AS required including a (d) Submittsal of incorrect or incompJ-ete reportss in any maEerial respect. ARTICLE XIV INDEPENDENT CONTRACTOR SUBGFANTEE is an independent contractor under this Agreemen! 'Services provided by SiIBGRANTEE sha11 be performed by employees of SUBGRANTEE and subject tso supervision by SUBGRANTEE, and shall not' be deemed officeis, employees, or agenEs of Broward county. Personnel policies, tax responsibilities , social securitsy and healEh insurance, employee benefits, purchasing policies and other CAF#21 . Tem F.ev. 09/t3/93 -15- sinilar administrative procedures applicable to services rendered under Ehis Agreement sh-alt be those ot srrecRANTEE, which policies of SuBGRANTE-B shalL noE conflicE. with CouNfY, H.u-D., or unitred Statres policies, rules or regulatrions relating E,o Ehe use of CDBG Funds . ARTICLE XV ALI., PRIOR AGREE S SUPE EDED This documenE incorporates and includes aII prior negotsiatsions, correspondence, conversations, agreemenEs, or ""d"i=ii"aings applicabl-e !o the matters contsained herein, and the partsies agrJe ihat there are no commitments, agireements, or'understand-ings concerning the subjecE mat.ter of tshis Agreement thaE are nog contiined in chiJ documeni- Accordingly, it is agreed EhaE no deviat j_on from Ehe terms hereof shal1 be predicated upon any prior representations or agreements whetsher oral or writt'en' Whenever e j.t.her party desires Eo give notsice unEo Ehe oEher' such notice must. be in ,iiting, sent by certified Uni-ced states *"ii, i.t"tn receipts requested; 'addresse-d tso Ehe party for whom it is intended, at th-e plac-e Iasts specified, and the place for giving of nogj.ce shal1 remlin such unt-i1 ie shal1 have been changed by written notice in compJ-iance witsh Ehe provisions of this paragraph ' For Ehe present. cie Parties desilnate the following as tshe respectsiv6 places for giving of notsice, to-wiE: FOR COUI{IY: Direcuor R SIIB ARTICLE XVI NOT]CES Interim City Manager Beach Blvd. 33004 Broward CounEy Community Development Division Governmental Centser, Room 336U 1l-5 Soutsh Andrews Avenue Fort. Lauderdale, Florida 33301 E Michael smit.h,City of Dania 1oo west DaniaDania, Florida CAF#21 . TemRev.09/13/93 --Lb- ARTI XVIII PLANS RA AI1 reporEs, Plans, surveys, informaEj-on, documentss, maps and other data lrocedr.ires deve lopeid, prepared, assembled or- completed by sUBGRANTie fot the purposLs of- Ehis Agreement.shall become the pioperty of CoUNTY wit-hout restrictsion, ieservatsion or limiEation of Lfreii use and shall be made availabte by SUBGRANTEE aL any time upon requesE by COUIfifY or Division. upon com-p-1et-ion of . all work c-ontempliated u:ider this Agreements, copies of a1l- of Ehe above data sha11 be delivered t.o thi Division D-irector upon his/her written request . CAF#21,. TemRev. 09/13/93 -t7 - ARTI CLE XVI I AMENDMENTS ; ASSTGNMENTS 17.1 IE is understood Ehat COUNTY, as Grantee, is responsible to H.U.D. for Ehe adminj. st.raE ion of CDBG Funds and may consider and acE upon reprogramming recommendations as proposed by its SUBGRAIITEES or the-Di.rision after appropriate referral Eo the Committee - In t.he evenE that COUNTY approves any modification. amendmenE, or alteration to Ehe funding allocation, SUBGRANTEE shal-l be notified pursuant Eo Artj-cle xvl and such not.if icat.i-on shal1 constitute an official amendment. . 17.2 COUNTY may, in itss discretsion, amend lhis Agreement uo conform with chairges in federal, state, COUMIY and/or H'U'D' guidelinesl directives, and objeccives. Such amendments shall 6. incorPoraEed by wrj-tEen amendment as a par! of this Agreemenf and shali be subject to approval of tshe Board of County Commissioners . 17.3 The Divis j_on Directsor sha1l be auEhorized to approve line item changes to Ehe budgeE information seE outs in Exhibit uBrr provided such change! do noE resulE in an increase in the CDBG iund amounts shown in Section 4.1 and Exhi-biE 'B' aEtached hereto . 17.4 Except for the Provisions as set forth in Sections L7'1, l7 '2 and 17.3, no mlodification, amendmenE or alteraEion in the Eerms or conditsions conEai-ned herei-n shal1 be effectsive unless conEained in a wri-tten document executsed with Ehe same formality and of equal- d!-gnity herewitsh. 17.5 SUBGRANTEE sha1I noE transfer or assign tshe performance of services called for in this AgreemenE witshout Ehe prior wriEten consenE of COUNTY. CONFLICT OF INTEREST SUBGRANTEE covenants Ehats no person who presenEly exercises any functsions or respons ibi lits ies in connection with the ProjecE (s) hai any personal f ihancial interest, direct or indirect, in the erojeci during Ehis lenure or for one year tshereafler as provided for in 24 cFR 570.51-1(b) , which would conflict in any manner or degree wiEh the performance of tshis Agreement, and tshat no person haiing any conflic!.ing interest shall be employed or subcont'racEed' er]y p5ssii:fe conflicting interes! on the part. of SUBGRAITTEE or its ..p1-oy"ut shal1 be disclosed in writing !o tshe Division. It shall nol U6 deemed a conflict as long as all purchasing for consumables, capital equipment and services are oblained in conformance with Article VI . However, this paragraph shaIl be inLerPreted in such a manner so as nots to reasonably -impede Ehe statutory reguirement that maximum opporEuniEy be piovided for employment of and parcicipat'ion of lower -i-ncome reLidents of tshe Project (s) targets area (s) . ARTICLE XIX ARTICLE XX EXECUTION This document shal1 be executed in four (4) counterPartss, each of which shall be deemed to be an original . ARTICLE XXl CONSE}flT TO JURISDICTION SUBGRANTEE hereby irrevocably submits Eo th3 jurisdicEion of any Florida statse or federal court- ln any acEion or proceeding arising out of or relatsing tso 'this Agreement, -and herebyj.rrevoEably agrees that all claims in respect Eo such action or proceeding- may be heard and determined in such court. Each party iurther agreel tshats venue of any action Eo enforce this Agreement shall lie in Broward County. ARTICLE XXII GOVERNING LAW The partsies agree t.his AgreemenE sha1l be constsrued in accordanci witsh and -governed by the laws of the statse of Florida' CAF#21. TemRev.09/13l93 - 1l] - ARTI XXIV LEGAI P SIONS DEEMED Each and every prowision of anY to be inserted in this Agreement sherein, and this AgreemenE shaI1 be were included herej-n and if, Ehrouqhprovision j.s noE inserted or is noEapplication of e j-ther part.y this amended to make such i-nsertion. INCLT]DED law and clause required bY law ha11 be deemed to be inserted read and enforced as though it mistake or ocherwise, anY such correctly insertsed, then uPon AgreemenE shal1 forthwith be ARTICLE XXIII SEVERABILITY If trhis Ag:reements conEains any unlawful provisions not an essenE,ial parE 5f E.his Agreement and which sha1I not appear to have a controll-ing or materiil inducement to Ehe making Ehereof, such provisions sfiall be deemed of no effect and sha11, upon noEice by iith.r party, be deemed st.ricken from this Ag:reement without affecting Ehe binding force of the remainder of Ehe Agreement ' CAF#21 . TemRev.09l13/93 -L9- IN WITNESS WHEREOF, the parties have made and executed Ehis Agreement. on Ehe respective datses under each sigrraEure: BRoWARD COUNTY tshrough the BROWARD COUMrY ADMINISTRATOR, autrhorized to execute same by resolution of tshe Board of Countsy Commissioners, and signing by and Ehrough its duJ-yffite same. ' COUNTY BROWARD COUIITY, through t.he BROWARD COU}TTY ADMINI STRATOR By CounEy AdminisEraEor _ day of WITNESSES: 19_ . Approved as to form bY Office of county Attorney Broward County, Florida JOHN J. COPELAN, JR., Countsy Attorney GovernmenEaL Centser, Suite 423 115 South Andrews Avenue ForE Lauderdale, Florida 33301- Telephone: (305) 357-7600Telecopier: (305) 357-7641 B MAITE AZCOITIAAssistant CounEy Attorney CAF#21 . TemRev.09/13/93 -20 - AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA FOR SOUTHWEST STDEWALK AND LANDSCAPE IMPROVE}.,TENTS IN THE AMOUNT OF $175, OOO PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMIJNITY DEVELOPMENT BLOCK GRANT PROGRAMS SUBGRANTEE WITNESSES:CITY OF DANIA By Mayor-commi s s 10ner _ day of 10 ATTEST: By c I ty Manager city clerk _ day of B ( CORPORATE SEAL) c 1ty Attorney MA:vsr]-/03/95cdzldani . a02 #95-5t CAF#21 . TenRev.09/13/93 -2!- APPROVED AS TO FORI'I: 19_. CITY OF DA}IIA XXI YEAR CDBG . SOUTHWEST SIDEWATK & LAIIITSCAPE IMPROVEMETITS EXHIBIT "4, PRoJECT(S) ItESCRlPTloll [Give a detailed description of the worty'projectto be funded by this Agreement.] lnstall 12,000 linear feet of sidewalk (5'width) and curb and gutters; and landscaping in appropriate locations in the Southwest section of the City of Dania in an area bounded by and including PhippenArVaiters Road on the east, Ely Boulevard on the west, Sheridan Sfeet on the soulh and Stirling Road on the north. The majority of work will occur on PhippenAl/aiters Boad and Ely Boulevard. GITY OF IIAI{IA XXt YEAB CITBG - SOUTHIiIEST SIItEIflAt[ & TAIIITSCAPE IMPROVEMEI{Ni EXHIBIT "8" cosrs/BUDGEI FoR PRoJEGT(S) lnstructions For each cost category (personnel, fringe, etc.) enter the proposed amount necessary to complete the project. Please refer to allowable cost tor H.U.D. Share of Budget Attachment). (Non-CDBG Resources) Category (1) CDBG (2) City ol Dania (3)(4) ToTAL A. Personnel 6,700 6,700 B. Fringe Benefits 2,680 2,680 C. Travel D. Equipment E. Supplies 100 100 F. Contractual 20,000 20,000 G. Construction 155,000 155,000 H. Other l. Totals 175,000 9,480 184,480 Budoet Nanative lnstruction s The budget nanative must be attached to this Exhibit. The budget nanative statement should provide a detailed lustification for each cost category shown on thiis Exhibit. The budget nanative should identify non-CDBG resources to be utilized in financing the prolect Also, specify the costs for which CDBG funding is being requested and the costs to be covered by non-CDBG resources. -23- GITY OF DA]IIA XXt YEAR CDBG . SOUTHWEST SIDEIflALK & LATIDSCAPE IMPROVEMEIITS BUDGET NARRATIVE CDBG COSTS: Project Costs: F. Contracfural: Engineering lees for design, preparation of specif ications, and inspection ol in-progress construction G. Construction: 5-ft Sidewalk Curb and Gutter Landscaping TOTAL: III.IOITD SERVIGES: A. Personnel: Dir. Personnel/Community Development PlannerAandscape Architect (1 2,000 linear feet) (12,000 linear feet) 200 hours 80 hours $ 20,000 $ 155,000 $ 175,000 $ $ 5.200 1,500 B E Fringe Benefits at 40% Supplies: Copying, Paper, etc. $ 2,680 100$ TOTAL: -24- $ 9,480 EXHIBIT NBl. (Continued) Al lorab 1e .s'- f or H.U. D -of Budcret Federal ccst princiPles f,or nonprofi! organizatio-ns . other tlan universities are -statea in tbe Federal Procurenent Regiulations. at Part 15, Subpart, 2. lhis document i.s an a<tensive and sonewbat s6-Plicated s+ies -of principles giovernins t,be allo$abj.lity of \rar-ious t:r!,es -ofcosts und;r fed-eral gfrants and contrasts. General inf,oraation concerning the cost PrinciPles is sruuarized belou: ' the following tlpes of costs are specifically unal-lot able: (a) Advertising costs other than tb,ose associated vitb recruj.tuent of personriel and the solicitation of bids for goods and seruices. (b) Bad debts. (c) contingencies. (d) Contributions and donations. (e) Entertainment. (f,) Fines and Penalties ' (9) Interest. (h) Losses on other girants or contracts Uost other eategories of cost .rre generally -alforrable under tbe cost piinciples provLied the costs ar6 allonable and reasonable. ceneral counents on individual cost eleuents are listed below: Salarar costs are generally alloqrable ptoyided, t'hey are tSsid on aclbraL ;:rrglr:t salaries;ajr=i"a for any intltipated cost-of-living.or uerit i;;;;'";-a;i"s ini srant perioh' sahhr costs for unidentlfled new or,.F1oyees nust 5e coniistent with the orgiaizationr s .ow_erall eoployee "oip"iri"ii"n structuie. ffr" org:anizatiorial coupensation polLcy should. not. change as a result of obtaining a federal ffrant' Frinse Benefit costs suctr as Pay for vacations, holidays, sick leave ' "tPloy." l"""tu.rr"", and uneu-p I-oyaent benefits are allowabIe to the "xi"nl required by law or estiulished organizatlonal poliei' -25- Travel costs ccnsistent lriuh established organizational Policy are ffiffy affolrable. The dif f,erence bet?een f!=st class and ccach. air i;;;- i;'=;;ciricatty una.llos'a.b1e ' rn the absence of established organizas,-iona} travei tlolicy, it i-' a good Practice to adoPt Policies coisistent uith the federal travel regul'ations ' Ecmi=raent cos'-s should be based on the least ccst Det}'od of i@It:--on (rent, Pu:rchase, lease rith option tc buy.) over the girant Deriod. as d.eBonsttated by ccupetitive bidCing ' EquiPEent ccsts are E"iv-ifi."Jf" i" ur" exlene the equipaenr is directly necessary to ;;;dii;h-L"" gt"tti- Tbe cost of dquipuent not fuIly utilized under the grant Bus'. be allocated to othei &ganiza"ron "?:-t-=--t-" -1=-:.::"-1ta1: -JUi=e d:s--= ibuticn . Whenever Prac--ical , useC eq'.r:p=en-- siioulo ue considered. in ueeting equiPEent neeCs' Material cos'. d.irec*-J-y associated .wi"h the p:c j e.c*- a=e allowable ' Fr1""= ""J g.""="Uy --b'e jus'.if ied through coap;-.:tive bics except for nouinal purchases . subcont:ac+-s I[ust be awarded. on a ccnpeti'.!Y:, -!tt-i1., "*t"pt in ==;di":"ry circulrstances . The saue - princrp)'es aPglicable to ildi;iil;i;js-, principtes for grantees are aenerally applicable cost- reiuburseuent tyPe subcontracts under g:rants ' consultant ag=eeBents should incLude a certification by the consu].tant tbat the consultant iate is egual to or less than the lowe-st rate tbe consultant accePts f,or conparible work' Add!'tional1y ' the cong:ress has prohibited the salary tourponent of ccnsultant fees under Ii'L'D' granls to exceed $193.00 Per daY' Construction costs include construction of ne!' buildings' structlrres 'or other r."r p=op"Jy as well as alterition or rePair- of existi'ng st:ructures. Construc€ion costs should be suPPorted by detailed cost estiEates and comPetitive bidding. Other costs include all tlPes of, direct costs not sPecified above' NoIaally, such costs inctride sPace, telephone, utilj'ties' printing' and othLr basic operating exPenses. LEVERAGE is that which the EuniciPality or non-Profit organization brings to the project- It B3J i: iir ure rora of' services or contributed operaririi e*p"ni"= ( ih-fina contributions) or cash support fron ihe orga'nization itsetf or fron other non-cDBG sources' F-1iEJ,Tt r_rlr Irlt tr / r'-Fr i F!r6.1\ -26- GITV OT DA]IIA XXI YEAR CDBG . SOUTHWEST SIDEtiIAtK & TAIIDSCAPE IMPROVEMEIITS EXHIBiT "C" TIMETABLE/SGHEITULE FoB PE0JEGT(S) WORK TASI(S TIMETABLE START.UP c0MPtETl0tl 1. Preparation ol Bid specifications Dec. 01, 1995 Mar.30,1996 2. Advertising ot Bids Apr.01,1996 Apr. 30, 1996 3. Award ol Bid May 30, 1996 May 30, 1996 4. Construction and installation Jun. 01, 1996 Oct 31, 1996 -27 - MO}ITITLY PROGRESS REPORT Period ccvered:- To A.Project Infornation Date o! RePort: Ascg: Person PreParing tbe RePort: Signature: Project Title and NuEber: Project Start-uP Date: .' Project couPletion Date: Anended CouPletion Date: B.1(a) Proiect cos" Furds E<pendedto Date Lercentade Total Proiect $- t- gDBG zundinq S- S-_- . other Fundino S- t-(state source) 8.1(b) Leqlaration of Aqensv Budqet chanoes Proorau fncome: Source of Procrram Income ' er Gra t wa S Date(s)DoIIar Arnount (sl Fundinq Source ( s'l 8.1(c) -?R- EXHIBIT lrD'I Fundind contact Person(s) : Pereent of Proiect comEleted to Date: Anticipated chanoes in staffinq 8.1(d) B. 2 (a) B. 2 (b) c. 1. office Hours: Res iqnations :2 3 2. Task QuatifiedAccoaPlishEentsThis Uonth -29- Pa:-t-time or Full-time Emolovee(sl : 3 Desc:ibe Success or Problens Encountered with the lrr+ir.i6 |o.l }trrrlll etns PLeaseidentifytechnica1 assistance Deeded and/or requested floE coDBunity DeveloPDent sta!!. 4 5.Anticipated advertsiseuents and/or other contractua]. seivices. If so, b,as Couuunity Developuent staff been advised a.nd appropriate stePs taken to assr.lEe co-F liance? e5 - 30- ( Itxlllul'I'"D" (C.6 - Conllnucrl) Dt tuicl' llliN Erl't' lluPotu'rORM I l'erccnl of 'lbtnl Ntrrrrlrcr of I louscholds or Persons Assisted'[olal Nunlber Speci[y below)(Asian or Paclfic Islandcr I lispanic Amerlcan lndian or Alaskan Nativc lllack - not I lispanic Origitt Wlrite - Not llispnnic Origin Low Ittcottte Low nnrl Moderate lncome PetsonsI louselrokls Fcnralc I lcnt-lcd I louschol I I ( NO'IE: KindlY reflect Percenlage baserl on lotal ttuntber of lrouseholds or persons assislerl' EXHIBIT "0 tt (continued) BBOWARD COUNTY COMMUNITY DEVELOPMENT DIVISION MONTHLY PROGRESS REPORT D. Program Obiective Supporting Documenlation Progress Year to DateProress Monthly Year Total Gompletion Date ProiectedMeasurable 0b ective Dec.01,1995 Mar.30, 1996 Apr. 01, 1996 Apr. 30, 1996 May 30, 1996 May 30, 1996 Jun. 01, 1996 Oct 31 , 1996 Preparation of Bid Specifica- tions. 2. Advertising of Specifications 3. Award of Bid 4. Consfuction and installation. 1 Prepare and complete specifications ol Bid. A. Place advertisement in newspaper. B. Send out Bid to SDBE contractors. A. Hold preconstruction meeting. B. Mobilize equipment. C. Begin consfuction. D. Complete construction. - 3?- Starl-Up Specific Task 0uantilied Approval of Confactor bY City Commission.