HomeMy WebLinkAboutR-2026-121 CDBG YR 50 Agreement with Broward CountyRESOLUTION NO. 2026-121
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN
BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR THE
FUNDING AND ADMINISTRATION OF THE 50TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FOR THE NORTHWEST
OASIS NEIGHBORHOOD IMPROVEMENT PROJECT, PHASE XVII;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE
AGREEMENT AND ANY NECESSARY DOCUMENTS; PROVIDING FOR
FUNDING AND AUTHORIZING THE EXPENDITURE OF FUNDS IN
EXCESS OF $50,000.00; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10,
“Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection
(a), sets the monetary threshold at Fifty Thousand Dollars ($50,000.00) for a vendor each fiscal
year; and
WHEREAS, the City of Dania Beach, Florida (“City”), has been awarded Community
Development Block Grant (“CDBG”) funding through Broward County (“County”) for the 50th
Year Northwest Oasis Neighborhood Improvement Project Phase XVII; and
WHEREAS, on December 10, 2024, the Broward County Board of County
Commissioners authorized CDBG funding to the City in the amount of One Hundred Eighty
Thousand Four Hundred Seventy-Two Dollars ($180,472.00) for the Northwest Oasis
Neighborhood Improvement Project Phase XVII; and
WHEREAS, the Northwest Oasis Neighborhood Improvement Project Phase XVII is part
of the City's ongoing neighborhood safety and infrastructure improvement initiative and is intended
to improve neighborhood livability through improvements to public infrastructure within the
CDBG target area; and
WHEREAS, the project includes the installation of pervious paver aprons and parking areas
within the public right-of-way to assist with flood control by allowing stormwater to infiltrate the
ground, reducing runoff, and improving drainage; and
WHEREAS, the project improvements are located along SW 46th Place, SW 46th Court,
SW 47th Street, and SW 27th Avenue; and
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WHEREAS, the agreement requires the City to complete the project in accordance with the
established project timeline, including design plans and specifications, advertisement and bidding,
bid opening and award, execution of the construction contract, construction, punch-list activities,
completion of construction, and submission of monthly and final reports, with a deadline of
December 15, 2026; and
WHEREAS, the City intends to coordinate the implementation of the 50th Year
improvements with the previously approved 49th Year Northwest Oasis Neighborhood
Improvement Project in order to efficiently coordinate construction activities and facilitate timely
completion of the improvements within the required grant period; and
WHEREAS, the total project budget for the Northwest Oasis Neighborhood Improvement
Project Phase XVII is Three Hundred Eighty Thousand Four Hundred Seventy-Two Dollars
($380,472.00), consisting of $180,472.00 in CDBG construction funds, $180,000.00 in non-CDBG
local construction funds, and $20,000.00 in non-CDBG funds for design consultant services; and
WHEREAS, funding for the Northwest Oasis Neighborhood Improvement Project Phase
XVII will be appropriated from Capital Project Account No. 301-39-58-541-63-10; and
WHEREAS, the City Commission finds that execution of the Agreement is in the best
interest of the City and will facilitate implementation and completion of the 50th Year CDBG-
funded Northwest Oasis Neighborhood Improvement Project Phase XVII.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission hereby approves the Agreement between
Broward County and the City of Dania Beach for the 50th Year Community Development Block
Grant Program for the Northwest Oasis Neighborhood Improvement Project Phase XVII.
Section 3. That the City Manager and appropriate City staff are hereby authorized to
take all necessary administrative actions to implement the terms and conditions of the 50th Year
Community Development Block Grant Program for the Northwest Oasis Neighborhood
Improvement Project Phase XVII.
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Section 4. That funding for the Northwest Oasis Neighborhood Improvement Project
Phase XVII shall be appropriated from Capital Project Account No. 301-39-58-541-63-10 in
accordance with the approved project budget.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be effective upon its passage and adoption.
PASSED AND ADOPTED on September 14, 2026.
Motion by Commissioner Lewellen, second by Vice Mayor Salvino.
FINAL VOTE ON ADOPTION: Unanimous X
Yes No
Commissioner Lori Lewellen ____ ____
Commissioner Luis Rimoli ____ ____
Commissioner Archibald J. Ryan IV ____ ____
Vice Mayor Marco Salvino ____ ____
Mayor Joyce L. Davis ____ ____
ATTEST:
ERIN MCCLENDON JOYCE L. DAVIS
DEPUTY CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
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AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR
FUNDING AND ADMINISTRATION OF 50TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM FOR NORTHWEST OASIS NEIGHBORHOOD
IMPROVEMENT PROJECT PHASE XVII (CFDA # 14.218 / FAIN # B-24-UC-12-001)
This Agreement (“Agreement”) is between Broward County, a political
subdivision of the State of Florida (“County”), and City of Dania Beach, a municipal
corporation of the State of Florida (“City”) (each a “Party” and collectively referred to as
the “Parties”).
RECITALS
A. County is a recipient of Community Development Block Grant (“CDBG”)
funds from the United States Department of Housing and Urban Development (“HUD”).
B. On December 10th, 2024 (Agenda Item No. 46), the Broward County
Board of County Commissioners authorized CDBG funding to City in the amount of One
Hundred Eighty Thousand Four Hundred and Seventy-Two and 00/100 Dollars
($180,472) to fund Northwest Oasis Neighborhood Improvement Project, Phase XVII, in
the City, under the terms more specifically described herein.
C. Pursuant to 24 C.F.R. Part 570.302, the Project (as defined herein) was
included in County’s consolidated plan for community planning and development
programs submitted to HUD in accordance with 24 C.F.R. Part 91.
D. The federal award information required by 2 C.F.R. Part 200.332(a) is set
forth in Exhibit A to this Agreement.
Now, therefore, for good and valuable consideration, the receipt and sufficiency
of which are acknowledged, the Parties agree as follows:
ARTICLE 1. DEFINITIONS
1.1. Applicable Law means all applicable laws, codes, advisory circulars, rules,
regulations, and ordinances of any federal, state, county, municipal, or other
governmental entity, as amended.
1.2. Board means the Board of County Commissioners of Broward County, Florida.
1.3. CDBG Funds means the CDBG Program (as defined herein) funds provided to
City under this Agreement, as set forth in Exhibit B to this Agreement.
1.4. CDBG Program means the Community Development Block Grant Program
awarded by HUD to County, authorized pursuant to Title I of the Housing and
Community Development Act of 1974, Public Law 93-383, amended, and codified at
42 U.S.C. 5301 et seq.
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1.5. Code means the Broward County Code of Ordinances.
1.6. Contract Administrator means the Director of the Housing and Urban Planning
Division, or such other person designated by same in writing.
1.7. County Administrator means the administrative head of County appointed by
the Board.
1.8. County Attorney means the chief legal counsel for County appointed by the
Board.
1.9. HUD means the United States Department of Housing and Urban Development.
1.10. Project means the project provided and implemented by City, as described in
Exhibit A to this Agreement.
1.11. Rules and Regulations of HUD means the rules and regulations of HUD,
including but not limited to 24 C.F.R. Part 570, “Community Development Block Grant
Regulations,” 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,” and any Executive Orders issued by the federal government or any
final rule changes set forth in the Federal Register impacting the CDBG Program, as
amended from time to time, and which are incorporated herein by reference.
1.12. Services means all work required of City under this Agreement, including without
limitation all deliverables, goods, consulting, training, project management, and services
specified in the Project Description attached as Exhibit A.
1.13. Subcontractor means any entity or individual, including any subconsultant, that
provides Services to County through City, regardless of tier.
ARTICLE 2. EXHIBITS
Exhibit A Project Description
Exhibit B Budget
Exhibit C Project Timeline
Exhibit D Monthly Progress Report
Exhibit E Request for Payment
ARTICLE 3. PROJECT
3.1. City shall provide and implement a Northwest Oasis Neighborhood Improvement
Project in City as outlined in Exhibit A attached hereto.
All activities funded with CDBG Funds must meet one of the CDBG Program’s national
objectives, as set forth in 24 C.F.R. Part 570.208: (1) Activities benefiting low- and
moderate-income persons; (2) Activities which aid in the prevention or elimination of
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slums or blight; or (3) Activities designed to meet community development needs having
a particular urgency. City certifies that the Project meets the criteria for
24 C.F.R. Part 570.208(a)(1), Area Benefit Activities and covenants that the Project will
at all times (i) meet one of the CDBG Program’s national objectives under
24 C.F.R. Part 570.208 and (ii) be an eligible activity under 24 C.F.R. Parts 570.201
through 207.
3.3. 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 45 days or more, County may
terminate this Agreement in accordance with Article 11 of this Agreement and/or may
reallocate the remaining unexpended CDBG Funds under this Agreement in
accordance with Section 4.10 of this Agreement. Time is of the essence for City’s
performance of the duties, obligations, and responsibilities required by this Agreement.
3.4. 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.
3.4.1. Upon County’s request, City shall promptly furnish to County such records
and information requested by County related to the Project.
3.4.2. City shall meet with County at reasonable times and with reasonable
notice to discuss the Project.
3.4.3. City shall provide County with monthly 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 (“Monthly Progress Reports”).
The Monthly Progress Reports for each month must be submitted to County no
later than the tenth (10th) calendar day of the following month, provided that, if
such date is a Saturday, Sunday, or holiday, the Monthly Progress Report may
be submitted on the business day immediately following such Saturday, Sunday,
or holiday.
3.4.4. In addition to the Monthly 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.
3.5. If the Services or activities fail to comply with the terms of this Agreement, or if, in
County’s judgment, City, or any Subcontractor, has violated federal guidelines and
regulations, or the terms of this Agreement, County may issue a written stop order to
City pursuant to which City must halt all Services or activities for the Project.
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3.6. In the event City uses a Subcontractor to perform any design or construction
activities for the Project, City shall comply with the following requirements:
3.6.1. City shall provide the Contract Administrator with a copy of all agreements
and correspondence between City and the Subcontractor, and any
correspondence related thereto, prior to the execution of any agreement
between City and the Subcontractor.
3.6.2. City’s contract for design professional services must include, at a
minimum, any civil, structural, mechanical, and electrical engineering, and
architectural services, as may be required and applicable for the Project,
including all necessary, incidental, and related activities and services
required by the Project’s scope, and contemplated in the Subcontractor’s
scope of services. City’s contracts for design professional services must
require the Subcontractor to comply with the following requirements:
a. Schematic Design. The Subcontractor must prepare and submit for
approval by City schematic design documents consisting of
drawings and other documents illustrating the scale and
relationship of Project components (“Schematic Design
Documents”). City must provide the Contract Administrator with a
copy of the approved Schematic Design Documents. Additionally,
the Subcontractor shall submit to City a written statement of
probable construction cost based on current area, volume, or other
unit costs. The Subcontractor must comply with all Applicable Law
and requirements of governmental authorities applicable to the
Project.
b. Design Development. The Subcontractor shall prepare and submit
for approval by City, design development documents consisting of
drawings and other documents describing the size and character of
the entire Project including, as applicable, architectural, structural,
mechanical, electrical, material specifications, and such other
essential elements as may be appropriate (“Design Development
Documents”). City shall provide the Contract Administrator with a
copy of the approved Design Development Documents.
The Subcontractor shall consider the availability of materials,
equipment, and labor, construction sequencing and scheduling,
economic analysis of construction and operations, user safety,
maintenance requirements, and energy conservation.
The Design Development Documents must include, at a minimum,
the following, if applicable:
1. Expansion of the architectural, structural, mechanical, and
electrical Schematic Design Documents to establish the final
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scope, relationships, forms, size, and appearance of the
Project through appropriate plans, sections, elevations, and
typical construction details; three-dimensional sketches;
basic materials and finishes; equipment and furniture layouts
and space requirements; basic structural system and
dimensions; energy conservation measures; outline
specifications; basic selection of mechanical and electrical
equipment and their capabilities;
2. Development scheduling services, including but not limited
to reviewing and updating previously established schedules;
and
3. Written statement of probable construction cost, including
but not limited to updating and refining the schematic design
phase statement of probable construction cost.
c. Contract Documents. The Subcontractor shall prepare from the
approved Design Development Documents the working drawings
and specifications, setting forth in detail the work to be done,
materials, quality of work, finishes, and equipment required for the
architectural, structural, mechanical, and electrical work, and the
necessary bidding information (collectively referred to as the
“Contract Documents”). The Subcontractor shall, in the preparation
of the drawings and specifications for construction, take into
account all prevailing codes and regulations governing construction
in Broward County, and update and revise the probable
construction costs, as necessary. The Contract Documents shall be
sufficiently complete and include enough detail to allow issuance of
a building permit and obtain responsive bids. City shall provide a
copy of the final Contract Documents to the Contract Administrator
promptly after the Contract Documents are fully executed.
3.6.3. City’s contract for any construction activities shall include, but is not limited
to, labor, materials, equipment, and other services necessary to perform
all of the work described in the Contract Documents for the construction of
the Project in accordance with all requirements and provisions of
Applicable Law, including applicable building codes. The Project also
includes all Project site preparations, including but not limited to
preinspection, examination, tests and borings, and discovery of the site
conditions and other similar activities.
3.6.4 All plan and specifications prepared or to be used for the Project shall be
certified and approved by City and submitted to County for approval as to
scope prior to advertisement or implementation, as applicable.
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3.7. At the conclusion of each design phase provided for in Section 3.6.2, City shall
provide the associated deliverable and shall submit an invoice for payment utilizing the
form provided in Exhibit E.
3.8. City must furnish to County a schedule of construction activities indicating the
dates for the commencement and completion of the various stages of construction
(“Construction Schedule”). City shall comply with the Construction Schedule and shall
update the Construction Schedule at least monthly, and when required based on the
progress of the Project. City shall not make any changes or modifications to the
Construction Schedule furnished to County without County’s prior approval.
3.9. City shall submit written notification to County of all prebid and preconstruction
meetings at least two (2) weeks before the actual date of the meetings. County shall
have the right to review the final bid package for the Project.
3.10. All change orders related to the Contract Documents or the construction activities
are subject to prior written approval from the Contract Administrator.
3.11. (Check if applicable) At the completion of the Project, “as-built” drawings
must be submitted to the Contract Administrator prior to County’s approval of the final
reimbursement payment to City under this Agreement.
3.12. If City is unable to complete the Project because of delays resulting from
untimely review by County or other governmental authorities having jurisdiction over the
Project, and such delays are through no fault of City, County shall grant a reasonable
extension of time for completion of the Project, provided that any amendment
documenting such extension must not include any increase in total CDBG Funds for the
Project. It shall be City’s responsibility to notify County promptly in writing whenever City
is anticipating or experiencing a delay in approval by a governmental agency, and to
furnish County with all facts, details, and related documentation in connection to the
delay.
3.13. No extension of time shall be granted for delays resulting from normal weather
conditions prevailing in the area as defined by the average of the last ten (10) years of
weather data recorded in the Fort Lauderdale-Hollywood International Airport Weather
Station.
3.14. City shall notify County at least 48 hours in advance of the date that work on the
Project will be initiated to allow for on-site inspections to be conducted by County.
3.15. If the Project includes construction, alteration, maintenance, or repair of
infrastructure, as defined under Section 70912 of the Infrastructure Investment and Jobs
Act (Pub. L. 117-58) and 2 C.F.R. Part 184, City shall comply with the Build America,
Buy America Act (“BABA”) and all applicable implementing regulations and HUD
guidance.
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3.15.1. City shall ensure that none of the CDBG Funds made available under this
Agreement are used for a Project for infrastructure unless all iron, steel,
manufactured products, and construction materials used in the Project are
produced in the United States, in accordance with 2 C.F.R. Part 184.
3.15.2. City shall require that the Buy America Preference, as defined in 2 C.F.R.
Part 184, be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements), contracts, and purchase orders for the work
performed, or products supplied under this Agreement.
3.15.3. City shall maintain, and ensure that Subcontractors maintain, such
records and certifications as may be required to demonstrate compliance
with BABA; upon request by County, City and Subcontractors shall make
same available to County in written form at no cost and allow County to
make copies.
3.15.4. Any waiver of the requirements of BABA must be issued by HUD in
writing in accordance with applicable federal law and guidance. City shall
not assume or rely upon the applicability of any waiver without written
confirmation from County.
3.16. City shall meet or exceed the standards described in Exhibit A, and all Applicable
Law, and any other regulations imposed by any regulatory body or authority governing
the design, permitting, construction, and approval of the Project.
ARTICLE 4. FUNDING AND METHOD OF PAYMENT AND
PROVISIONS RELATING TO THE USE OF THE FUNDS
4.1. The maximum amount payable to City under this Agreement shall be
One Hundred Eighty Thousand Four Hundred Seventy-Two Dollars ($180,472). This
Agreement is subject to the availability of CDBG Funds, as more specifically described
in Articles 4 and 11. No County funds shall be payable under this Agreement.
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 CDBG 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.
4.3. City shall invoice County monthly, if eligible Project expenditures, in accordance
with Exhibit B, have been made, by furnishing to County a request for payment in the
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form provided in Exhibit E and any such pertinent documentation requested by County,
together with the following supporting documentation:
4.3.1. Documentation of costs associated with any City personnel providing any
Services, if applicable;
4.3.2. An executed copy of each Subcontractor contract authorizing Services,
activities, or purchase of materials for the Project, if applicable and not
previously submitted to County;
4.3.3. Documentation of any leveraging, as may be described in Exhibit B, that
has occurred during each month;
4.3.4. A certified copy of the purchase order or other City document authorizing
the Services, activities, or materials for which City is invoicing;
4.3.5. A copy of all Subcontractor invoices for the Project indicating the work,
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 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 Monthly Progress Report, utilizing the form provided in
Exhibit D or such other form as may be provided to City by County, in
County’s discretion.
4.3.8. For reimbursement of any retainage paid 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 75, as applicable);
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d. Copies of final certified plans and “as-built” drawings, if required
under Section 3.11 of this Agreement;
e. Copies of final permits for the Project 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 of the released retainage amount; and
g. Any other documentation reasonably required by County in
connection with reimbursement of the released retainage 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, 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 CDBG 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 60 days after the expiration or earlier termination of this Agreement.
4.7. County shall pay City within 30 days after receipt of City’s proper Request for
Payment for reimbursement of eligible Project expenses in accordance with the
“Broward County Prompt Payment Policy,” Section 1-51.6 of the Code. To be deemed
proper, all invoices must: (a) comply with all applicable requirements, whether set forth
in this Agreement or the Code; and (b) be submitted pursuant to instructions prescribed
by the Contract Administrator. Payments shall be sent to City’s address in accordance
with Section 12.8, unless otherwise requested by City in writing and approved by the
Contract Administrator in writing. Payments may be withheld for failure of City to comply
with a term, condition, or requirement of this Agreement or the Rules and Regulations of
HUD. County may set off any amounts City owes to County under this Agreement
against any amounts County owes to City under this Agreement.
4.8. City shall expend the CDBG Funds allocated to the Project by the end of the term
of this Agreement. All CDBG Funds not expended within the term of this Agreement
shall remain in the custody and control of County. City shall ensure there is an
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expenditure of CDBG Funds within 12 months of the execution of this Agreement by the
Parties, and thereafter, every 90 days, to the greatest extent possible.
4.9. County may suspend payment under this Agreement, or impose other remedies
for noncompliance consistent with 2 C.F.R. § 200.339, for any of the following events:
4.9.1. Ineligible use of CDBG 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 Monthly Progress Reports,
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 must take such
actions. Suspension of payment shall not excuse City from continued delivery of
Services.
4.10. At the sole discretion of the Contract Administrator, unexpended CDBG
Funds not provided to or reimbursed to City under the terms of this Agreement,
including, but not limited to funds unexpended due to a failure to meet the deadlines in
accordance with Section 3.3 or failure to comply with any other terms of this Agreement,
may be reallocated by County to other CDBG Program projects approved for funding by
the Board.
4.11. Any CDBG 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 30
days after demand, and if not paid, County may make an administrative offset against
other requests by City for reimbursements.
4.12. City shall invoice Subcontractor fees only in the actual amount paid by City,
without markup or other adjustment.
4.13. Notwithstanding any provision in this Agreement to the contrary, County shall not
be required to reimburse City any CDBG 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 payment, in whole or in part, (a) in accordance with Applicable Law, or (b) to
the extent necessary to protect itself from loss on account of (i) inadequate or defective
work that has not been remedied or resolved in a manner satisfactory to the Contract
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Administrator, or (ii) City’s failure to comply with any provision of 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 CDBG Program funding received from HUD for
the Project, pursuant to any repayment requirements set forth in 24 C.F.R. Part 570, or
any other applicable Rules and Regulations of HUD, City must repay County such
CDBG Funds in accordance with the repayment provisions set forth in Section 9.4 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 current, past, and
future officers, agents, 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 breach of this Agreement by City, or any intentional, reckless, or
negligent act or omission of City, its officers, employees, or agents, arising from, relating
to, or in connection with this Agreement (collectively, a “Claim”). If any Claim is brought
against an Indemnified Party, City shall, upon written notice from County, defend each
Indemnified Party with counsel satisfactory to County or, at County’s option, pay for an
attorney selected by the County Attorney to defend the Indemnified Party. The
obligations of this section shall survive the expiration or earlier termination of this
Agreement. If 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.
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 any breach of this Agreement by
City, or any negligence, recklessness, or intentional wrongful misconduct of City and
persons employed or utilized by City in the performance of this Agreement, including but
not limited to City’s Subcontractors, consultants, subconsultants, materialmen, or
agents of any tier, or any of their respective employees. 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 expiration or earlier termination of this Agreement.
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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 listed and
endorsed as an additional insured 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 all such broader coverages and
higher limits on a primary coverage and noncontributory basis. County’s insurance
requirements shall apply to City’s self-insurance.
6.4. If City contracts with a Subcontractor to provide any of the Services, City shall
require that each Subcontractor maintain insurance coverage that adequately covers
each Subcontractor’s exposure based on the services provided by that Subcontractor.
City shall ensure that all such Subcontractors comply with these requirements and that
“Broward County” is named as an additional insured and certificate holder under the
Subcontractor’s applicable insurance policies. City shall not permit any Subcontractor to
provide Services unless and until all applicable requirements of this article are satisfied.
If requested by County, City shall furnish evidence of insurance of all such
Subcontractors.
6.5. County reserves the right, but not the responsibility, at any time to review any
and all insurance policies and to adjust the limits and types of coverage required under
this article.
ARTICLE 7. REPRESENTATIONS AND WARRANTIES
7.1. In accordance with 31 U.S.C. 1352 and implementing regulations set forth in
24 C.F.R. Part 87, 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 an 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 any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
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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. City shall require that the language of this section be included in the award
documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall 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), 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, and Section 104(L) of Title I of the Housing and
Community Development Act of 1974 as amended (42 U.S.C. §5304), 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
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. Verification of Employment Eligibility. City represents that City and each
Subcontractor have registered with and use the E-Verify system maintained by the
United States Department of Homeland Security to verify the work authorization status
of all newly hired employees in compliance with the requirements of Section 448.095,
Florida Statutes, and that entry into this Agreement will not violate that statute. If City
violates this section, County may immediately terminate this Agreement for cause and
City shall be liable for all costs incurred by County due to the termination.
7.4. Prohibited Telecommunications. City represents and certifies that it and its
Subcontractors do not use, and throughout the Term will not provide or use, any
equipment, system, or service that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical technology
as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-
26.
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7.5. 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 Applicable Law. 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.
7.6. Breach of Representations. City acknowledges that County is materially relying
on the representations, warranties, and certifications of City stated in this article, and
County shall be entitled to exercise any or all of the following remedies if any such
representation, warranty or certification is untrue: (a) recovery of all CDBG Funds paid
to City under this Agreement; (b) deduction from CDBG Funds due to City under this
Agreement in the full amount of any value paid in violation of a representation or
warranty; and (c) termination of this Agreement without any further liability to City.
7.7. Truth-In-Negotiation Representation. City’s compensation under this Agreement
is based upon its representations to County, and City certifies that the wage rates,
factual unit costs, and other information supplied to substantiate City’s compensation,
including without limitation those made by City during the negotiation of this Agreement,
are accurate, complete, and current as of the date City executes this Agreement. City’s
compensation may be reduced by County, in its sole discretion, to correct any
inaccurate, incomplete, or noncurrent information provided to County as the basis for
City’s compensation in this Agreement.
7.8. Public Entity Crime Act. In the event City contracts with a Subcontractor to
provide any of the Services, City shall require that each Subcontractor attest that: (a) it
is familiar with the requirements and prohibitions under the Public Entity Crime Act,
Section 287.133, Florida Statutes; (b) its entry into the agreement with the City will not
violate that statute; (c) there is no determination that it committed a “public entity crime”
as defined by Section 287.133, Florida Statutes; and (d) it has not been formally
charged with committing an act as defined as a “public entity crime” regardless of the
amount of money involved or whether the Subcontractor has been placed on the
convicted vendor list.
7.9. Scrutinized Company; Terrorist Organization; Countries of Concern. City
represents that it has not been identified as a company or other entity subject to scrutiny
under Sections 215.473 or 215.4725, Florida Statutes, and that it is not a terrorist
organization or a member of a terrorist organization, as defined in Section 943.03102,
Florida Statutes. City represents and certifies that it is not, and throughout the Term will
not be, ineligible to contract with County on any of the grounds stated in Section
287.135, Florida Statutes. City represents that it is, and throughout the Term will
remain, in compliance with Section 286.101, Florida Statutes.
7.10. Claims Against City. City represents and warrants that there is no action or
proceeding, at law or in equity, before any court, mediator, arbitrator, governmental or
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other board or official, pending or, to the knowledge of City, threatened against or
affecting City, the outcome of which may (a) affect the validity or enforceability of this
Agreement, (b) materially and adversely affect the authority or ability of City to perform
its obligations under this Agreement, or (c) have a material and adverse effect on the
consolidated financial condition or results of operations of City or on the ability of City to
conduct its business as presently conducted or as proposed or contemplated to be
conducted.
7.11. Section 125.595 Compliance. City represents and warrants that the Services
provided under this Agreement do not constitute or relate to diversity, equity, or
inclusion. City is expressly prohibited from using any funds provided by County or under
this Agreement to promote diversity, equity, or inclusion initiatives, or for any program or
activity that relates to diversity, equity, or inclusion. As a condition precedent for entry
into this Agreement, City certifies that City does not and will not use County or municipal
funds in requiring its employees, contractors, volunteers, vendors, or agents to ascribe
to, study, or be instructed using materials relating to diversity, equity, and inclusion. As
used herein, “diversity, equity, or inclusion” has the meaning set forth in Section
125.595(1)(b), Florida Statutes. This section does not prohibit City from engaging in any
activity permitted by Section 125.595, Florida Statutes, including but not limited to any
action required for compliance with state or federal laws or regulations.
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 CDBG Funds, including but not limited to
the general policies set forth in 24 C.F.R. Part 570.200 and all other Rules and
Regulations of HUD. 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 24 C.F.R. 570.611 regarding conflicts of interest and shall
establish safeguards to prohibit its employees or Subcontractors 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 24 C.F.R. Parts 570.502 and
570.610, and the procurement standards set forth in 2 C.F.R. Part 200, Subpart D,
including but not limited to 2 C.F.R. Part 200.321. All contracts with Subcontractors for
the Project shall contain any and all applicable required contract provisions set forth in
2 C.F.R. Appendix II to Part 200.
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8.4. City shall not use CDBG Funds to support or engage in any explicitly religious
activities, including but not limited to worship, religious instruction, or proselytization, in
compliance with 24 C.F.R. Part 570.200(j) and 24 C.F.R. Part 5.109.
8.5. City shall not use CDBG Funds to finance the use of facilities or equipment for
political purposes or to engage in other partisan political activities, such as candidate
forums, voter transportation, or voter registration, in compliance with
24 C.F.R. Part 570.207.
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 570,
Subpart K, Other Program Requirements, and 24 C.F.R. Part 5, Subpart A, 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,
disability, familial status, or 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.
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.
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8.7.6. Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.), which
requires 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 75,
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 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 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.
Notwithstanding the above, in compliance with 24 C.F.R. Part 570.503(b)(5), City does
not assume County’s environmental responsibilities described in
24 C.F.R. Part 570.604, nor County’s responsibility for initiating the review process
under the provisions of 24 C.F.R. Part 52.
8.8. City shall comply with the recordkeeping and reporting requirements under this
Agreement, 24 C.F.R. Part 570 (including 24 C.F.R. Part 570.502,
24 C.F.R. Part 570.506, and 24 C.F.R. Part 570.507), 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 570.
8.9. In addition to the reversion of assets requirements set forth in Section 9.7,
property, equipment, and supplies acquired with CDBG Funds provided under this
Agreement, and no longer needed for the originally authorized purpose, shall be
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disposed of in the manner authorized by the Contract Administrator after City has
requested disposition instructions.
8.10. City shall comply with all applicable standards, orders, or requirements issued
under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean
Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection
Agency regulations (40 C.F.R. Part 32) if CDBG Funds expended under this Agreement
exceed One Hundred Thousand Dollars ($100,000).
8.11. City shall comply with the mandatory standards and policies relating to energy
efficiency set forth in the State of Florida’s energy conservation plan issued in
compliance with the Energy Policy and Conservation Act of 1975
(Public Law 94-163, 89 Statute 871).
8.12. 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.
8.13. If applicable, City shall comply, and ensure that all Subcontractors comply, with
the Section 3 requirements set forth in 24 C.F.R. Part 75, including the requirements of
24 C.F.R. Part 75.19, and shall include language applying such Section 3 requirements
in any contracts or agreements for the Project.
8.14. City shall comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874), as
supplemented in the United States Department of Labor regulations at 29 C.F.R. Part 3.
8.15. If there is any construction, alteration or repair work over Two Thousand Dollars
($2,000) financed in whole, or in part, with CDBG Funds under this Agreement, City
shall, if applicable, comply with the Davis-Bacon Act (40 U.S.C. 276a-276a-7), as
supplemented by the United States Department of Labor regulations (24 CFR Part 5),
which requires all laborers and mechanics working on the Project be paid not less than
prevailing wage rates as determined by the Secretary of Labor. County shall determine
the applicability of the Davis-Bacon Act to the Project under this Agreement.
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 570.502. In
accordance with 2 C.F.R. Part 200.101(b)(2), with the exception of the requirements set
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forth in 2 C.F.R. Part 200, Subpart F, Audit Requirements, if any of the provisions of
federal statutes or regulations relating specifically to the CDBG 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 CDBG 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 120 days after the close of the fiscal year of City. All CDBG 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 CDBG Funds only for eligible Project activities as specified in
Exhibit A and in accordance with the Project budget set forth in Exhibit B.
9.4. 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
CDBG 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:
9.4.1. Use of any CDBG Funds for ineligible Project expenses or activities,
including any overpayments by County.
9.4.2. Any CDBG Funds expended by City, or any of its Subcontractors, in
violation of this Agreement.
9.4.3. Failure to complete the Project in a manner that complies with the national
objectives described in this Agreement.
9.4.4. Any CDBG Funds expended under this Agreement and required to be
repaid to HUD.
If City is required to repay County any CDBG Funds pursuant to this section, City shall
repay such funds from nonfederal resources within 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 CDBG Program projects. This provision shall survive the
expiration or earlier termination of this Agreement.
9.5. City shall account for “Program Income,” as defined in 24 C.F.R. Part 570.500(a),
in accordance with the provisions under 24 C.F.R. Part 570.504. 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 CDBG Program funding agreement with
County shall be returned to County in accordance with 24 C.F.R. Part 570.503(b) and
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24 C.F.R. Part 570.504, relating to Program Income under the CDBG Program. Unless
otherwise provided in any Rules and Regulations of HUD, County may reallocate the
Program Income to City’s CDBG funding award in County’s next CDBG Program
funding cycle, subject to the retention of a 20% administrative fee payable to County.
9.6. Real Property; Reversion of Assets. City shall comply with the requirements
under 24 C.F.R. Parts 570.503 and 570.505, as applicable, including but not limited to
the following:
9.6.1. Upon the expiration or earlier termination of this Agreement, City shall
transfer to County any CDBG Funds on hand and any accounts receivable
attributable to the use of CDBG Funds under this Agreement.
9.6.2. Real property under City’s control that was acquired or improved, in whole
or in part, with CDBG Funds in excess of Twenty-five Thousand Dollars
($25,000) shall be used to meet one of the CDBG Program national
objectives set forth in 24 C.F.R. Part 570.208 during the term of this
Agreement and for a period ending 5 years after the expiration or earlier
termination of this Agreement, or for such longer period of time as
determined to be appropriate by County. If City fails to use CDBG
Program-assisted real property in a manner that meets a CDBG national
objective for the prescribed period of time, City shall pay County an
amount equal to the current market value of the property less any portion
of the value attributable to expenditures of non CDBG Program funds for
acquisition of, or improvement to, the property. Such payment shall
constitute Program Income to County.
9.7. Disposition of Equipment. City shall comply with requirements for use and
disposition of equipment acquired in whole, or in part, with CDBG Funds under this
Agreement in accordance with 2 C.F.R. Part 200.313; except that, pursuant to 24
C.F.R. Part 570.502(a)(8), if equipment is sold, the proceeds shall be Program Income.
ARTICLE 10. TERM OF AGREEMENT
This Agreement begins retroactively on October 1, 2024 (“Effective Date”) and
continues through December 15, 2026 (“Initial Term”), unless otherwise terminated or
extended as provided in this Agreement. The Initial Term and any extension to it are
collectively referred to as the “Term.” City may submit a written request for an extension
to the term of this Agreement to the Contract Administrator no less than 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 12.18.
ARTICLE 11. TERMINATION
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11.1. This Agreement is subject to the availability of CDBG Program funding from
HUD. If HUD terminates, suspends, discontinues, or substantially reduces the CDBG
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 24 hours’ notice.
11.2. Termination for Cause.
11.2.1This 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 10
days after receipt of written notice from the 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 5 days after receipt of County’s notice of termination.
11.2.2 This Agreement may be terminated for cause by County for reasons
including, but not limited to, any of the following: (i) City’s failure to meet
any of the project deadlines set forth in Exhibit C, within 45 days after the
applicable deadline; (ii) City’s repeated submission (whether negligent or
intentional) for payment of false or incorrect bills or invoices; (iii) City’s
failure to comply with Applicable Law, 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 3.4; (vi) City’s
material breach of the representations and warranties set forth in Article 7;
(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; (viii) if a
Subcontractor is a “scrutinized company” pursuant to Section 215.473,
Florida Statutes or is placed on a “discriminatory vendor list” pursuant to
Section 287.134, Florida Statutes, or upon the occurrence of any of the
grounds set forth in Section 287.135, Florida Statutes.
11.2.3 If this Agreement is terminated by County for cause, City shall repay to
County any CDBG 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 this Agreement for cause,
such termination shall be deemed a termination for convenience pursuant to section
11.3 effective 30 days after such notice was provided.
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11.3. Termination for Convenience; Other Termination. This Agreement may be
terminated for convenience by the County with at least 30 days’ advance written notice
to City. County Administrator is hereby authorized to terminate this Agreement for
convenience on behalf of the County. City acknowledges that it has received good,
valuable and sufficient consideration for County’s right to terminate this Agreement for
convenience including in the form of County’s obligation to provide advance written
notice to City of such termination in accordance with this section. This Agreement may
also be terminated by the County Administrator upon such notice as the County
Administrator deems appropriate under the circumstances if the County Administrator
determines that termination is necessary to protect the public health, safety, or welfare.
11.4. If 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 CDBG 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 to protect the public health, safety, or welfare
may be oral notice that shall be promptly confirmed in writing.
11.6. If this Agreement is terminated for any reason, any amounts due City shall be
withheld by County until all Documents and Work are provided to County pursuant to
Section 12.1.
11.7. In addition to any termination rights stated in this Agreement, County shall be
entitled to seek any and all available contractual or other remedies available at law or in
equity, including recovery of costs incurred by County due to City’s failure to comply
with any term(s) of this Agreement.
ARTICLE 12 - MISCELLANEOUS
12.1. Rights in Documents and Works. Any and all reports, photographs, surveys,
documents, materials, or other work created by City specifically for County in
connection with performing Services, whether finished or unfinished (“Documents and
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Work”), shall be owned by County, and City hereby transfers to County all right, title,
and interest, including any copyright or other intellectual property rights in or to the
Documents and Work, and shall provide any documentation necessary to effectuate
such transfer. Unless otherwise expressly stated herein, County has the right to use,
reproduce, modify, distribute, and publicly display the Documents and Work, in whole or
in part, in any medium and for any purpose, in perpetuity and without restriction. City
represents and warrants that it has all necessary legal rights to provide the Documents
and Work and to grant County the rights stated in this Agreement. City must deliver the
Documents and Work to the Contract Administrator within 10 business days after
expiration or termination of this Agreement. Any compensation due to City may be
withheld until all Documents and Work are provided as set forth herein. City shall
ensure that the requirements of this section are included in all of City’s agreements with
all Subcontractor(s).
12.2. Nondiscrimination. City and Subcontractors shall not discriminate on the basis of
race, color, sex, religion, national origin, disability, age, marital status, political affiliation,
pregnancy, or any other basis prohibited by Applicable Law in the performance of this
Agreement. City shall include the foregoing or similar language in its contracts with all
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. Notwithstanding any other provision in this Agreement, any
action taken by County in compliance with, or in a good faith attempt to comply with, the
requirements of Chapter 119, Florida Statutes, shall not constitute a breach of this
Agreement. 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 all Subcontractors that are related to this
Agreement. City and its Subcontractors shall keep such books, records, and accounts
as may be necessary to record complete and correct entries related to this Agreement
and performance under this Agreement. All such books, records, and accounts shall be
kept in written form, or in a form capable of conversion into written form within a
reasonable time; upon request, by County, City and all Subcontractors shall make same
available to County in written form at no cost and allow County to make copies. City
shall provide County with reasonable access to City’s facilities, and County shall be
allowed to interview all employees to discuss matters pertinent to the performance of
this Agreement.
City and all Subcontractors shall preserve and make available, at reasonable times
within Broward County, Florida for examination and audit, all financial records,
supporting documents, statistical records, and any other documents pertinent to this
Agreement for at least 4 years after expiration or termination of this Agreement, or until
resolution of any audit findings, whichever is longer. This section shall survive any
dispute or litigation between the Parties, and City expressly acknowledges and agrees
Page 24 of 48
to be bound by this section throughout the course of any dispute or litigation with
County. City must comply with the records retention requirements set forth in
24 C.F.R. Part 570.502(a)(7)(i). Any audit or inspection pursuant to this section may be
performed by any County representative (including any outside representative engaged
by County). City hereby grants County the right to conduct such audit or review at City’s
place of business, if deemed appropriate by County, with 72 hours’ advance notice. City
shall make all such records and documents available electronically in common file
formats, and/ or via remote access if, and to the extent, requested by County.
Any incomplete or incorrect entry in such books, records, and accounts shall be a basis
for County’s disallowance and recovery of any payment based upon such entry. City
shall refund to County any overcharged amount identified as a result of an audit or
inspection, regardless of the amount of the overcharge. If the overcharge exceeds 5%
of the total contract charges audited or billings reviewed by County, City shall make
adjustments for the overcharges, or inspection. Any adjustments or payments due as a
result of such audit or inspection must be made within 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 all Subcontractors.
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 of County 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 primarily or directly
benefit a third party by this Agreement. Therefore, the Parties acknowledge that there
are no third-party beneficiaries to this Agreement and that no third party shall be entitled
to assert a right or claim against either of them based upon this Agreement.
12.8. Notice and Payment Address. Unless otherwise stated herein, for 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
email, to the addresses listed below and shall be effective upon mailing or hand delivery
Page 25 of 48
(provided the contemporaneous email is also sent). Payments shall be made to the
noticed address for City. A Party may change its notice address by giving notice of such
change in accordance with this section.
FOR COUNTY:
Broward County and Urban Planning Division
Attn: Darby Delsalle, Director
110 N.E. 3rd Street, Third Floor
Fort Lauderdale, Florida 33301
Email: ddelsalle@broward.org
FOR CITY:
City of Dania Beach
Attn: Candido Sosa-Cruz, City Manager
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Email: csosacruz@daniabeachfl.gov
12.9. Subcontracting; Assignment. All Subcontractors must be expressly identified in
this Agreement or otherwise approved in advance and in writing by County’s Contract
Administrator. Except for approved subcontracting, neither this Agreement nor any right
or interest in it may be assigned, transferred, subcontracted, or encumbered by City
without the prior written consent of County. Any assignment, transfer, encumbrance, or
subcontract in violation of this section shall be void and ineffective, constitute a breach
of this Agreement, and permit County to immediately terminate this Agreement, in
addition to any other remedies available to County at law or in equity. County reserves
the right to condition its approval of any assignment, transfer, encumbrance, or
subcontract upon further due diligence and an additional fee paid to County to
reasonably compensate it for the performance of any such due diligence.
12.10. Confidential Information; Generative Artificial Intelligence. Unless expressly
authorized in this Agreement or in writing in advance by the Contract Administrator, City
is strictly prohibited from disclosing, uploading, or otherwise making available to third
parties, directly or indirectly, including but not limited to through utilization of generative
artificial intelligence tools, any exempt, confidential, sensitive security, or personal
information of County. City must ensure that any use of generative artificial intelligence
tools by City or its Subcontractors does not involve the disclosure of exempt,
confidential, sensitive security, or personal information, including without limitation for
large language model learning or training. City must implement and maintain
appropriate technological and operational safeguards to ensure compliance with the
obligations of this section. To the extent requested by County, City shall promptly
investigate and provide a written report to County regarding any use of generative
artificial intelligence by City or its Subcontractors in connection with the Services that
County reasonably determines adversely impacts County, and shall use commercially
reasonable efforts to promptly remediate any actual adverse impact to County and
discontinue or modify such use to prevent further adverse impact.
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12.11. 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 in this Agreement is substantial
and important to the formation of this Agreement, and each is, therefore, a material
term. 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 shall
not be deemed a waiver of any subsequent breach and shall not be construed to be a
modification of this Agreement. To be effective, any waiver must be in writing and
signed by an authorized signatory of the Party granting the waiver.
12.12. Compliance with Laws. City and the Project must comply with all Applicable Law,
including, without limitation, the Rules and Regulations of HUD and any related federal,
state, or local laws, rules, and regulations, the Americans with Disabilities Act,
42 U.S.C. § 12101, Section 504 of the Rehabilitation Act of 1973, and the requirements
of any applicable grant agreements, and all deliverables provided for online utilization
must meet or exceed the World Wide Web Consortium/Web Content Accessibility
Guidelines (WCAG) 2.2 Level AA standard or any higher standard required by
Applicable Law.
12.13. Severability. If any part of this Agreement is found to be unenforceable by any
court of competent jurisdiction or contrary to Applicable Law, that part shall be deemed
severed from this Agreement and the balance of this Agreement shall remain in full
force and effect.
12.14. Joint Preparation. This Agreement has been jointly prepared by the Parties and
shall not be construed more strictly against either Party.
12.15. 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 any other
gender, and the singular shall include the plural, and vice versa, unless the context
otherwise requires. Terms such as “herein,” 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
subsections thereof, 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. Any reference to approval by County shall require
approval in writing, unless otherwise expressly stated.
12.16. 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 within an article or section of
this Agreement, the article or section 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
Page 27 of 48
federal provision which is applicable to this Agreement, the CDBG Funds, or the
Project, the more stringent state or federal provision shall prevail.
12.17. 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. EACH PARTY HEREBY EXPRESSLY WAIVES ANY
RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED
TO THIS AGREEMENT.
12.18. Amendments. Unless expressly authorized herein, no modification, amendment,
or alteration of any portion of this Agreement is effective unless contained in a written
document executed with the same or similar formality as this Agreement and 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 570. 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 60 days after expiration or earlier termination of this
Agreement, in order to reconcile City’s expenditures of CDBG Funds, provided such
changes do not result in an increase in the total amount of the CDBG Funds. The
written document from the Contract Administrator approving such changes shall be
deemed incorporated into this Agreement.
12.19. Prior Agreements. This Agreement represents the final and complete
understanding of the Parties regarding the subject matter of this Agreement and
supersedes all prior and contemporaneous negotiations and discussions regarding
same. All commitments, agreements, and understandings of the Parties concerning the
subject matter of this Agreement are contained herein.
12.20. Payable Interest.
12.20.1. Payment of Interest. Unless prohibited by Applicable Law, County
shall not be liable for interest to City for any reason, whether as
prejudgment interest or for any other purpose, and City waives, rejects,
disclaims, and surrenders any and all entitlement to interest in connection
with a dispute or claim arising from, related to, or in connection with this
Agreement.
12.20.2. 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
Page 28 of 48
Agreement, whether as prejudgment interest or for any other purpose,
shall be, to the full extent permissible under Applicable Law, 0.25% simple
interest (uncompounded).
12.21. 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.
12.22. 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.
12.23. 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 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 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. If City is unable to access any
linked form, City may contact the Contract Administrator to obtain a copy of the
applicable form. City’s inability to electronically access any linked form does not modify
or excuse any contract obligation of City. County reserves the right to update linked
forms if and to the extent necessary to comply with Applicable Law.
12.25. Multiple Originals and Counterparts. This Agreement may be executed in multiple
originals or in counterparts, whether signed physically or electronically, each of which
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shall be deemed to be an original, and all of which, taken together, shall constitute one
and the same agreement.
12.26. Use of County Name or Logo. City shall not use County’s name or logo in any
marketing or publicity materials without prior written consent from the Contract
Administrator.
12.27. Conflicts. Neither City nor its employees shall have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially
antagonistic or incompatible with City’s loyal and conscientious exercise of judgment
and care related to its performance under this Agreement. During the term of this
Agreement, none of City’s officers or employees shall serve as an expert witness
against County in any legal or administrative proceeding in which they or City is not a
party, unless compelled by legal process. Further, such persons shall not give sworn
testimony or issue a report or writing as an expression of such person’s expert opinion
that is adverse or prejudicial to the interests of County in connection with any such
pending or threatened legal or administrative proceeding unless compelled by legal
process. The limitations of this section shall not preclude City or any persons in any way
from representing themselves, including giving expert testimony in support of such
representation, in any action or in any administrative or legal proceeding. If City is
permitted pursuant to this Agreement to utilize Subcontractors to perform Services
required by this Agreement and funded with CDBG Funds under this Agreement, City
shall require such Subcontractors, by written contract, to comply with the provisions of
this section to the same extent as City.
12.28 Entities of Foreign Concern. The provisions of this section apply only if this
Agreement provides access to an individual’s personal identifying information. By
execution of this Agreement, the undersigned authorized representative of each Party
hereby attests under penalty of perjury as follows: such Party is not owned by the
government of a foreign country of concern, is not organized under the laws of nor has
its principal place of business in a foreign country of concern, and the government of a
foreign country of concern does not have a controlling interest in such Party; and the
undersigned authorized representative of each Party declares that they have read the
foregoing statement and that the facts stated in it are true. Terms used in this section
that are not otherwise defined in this Agreement shall have the meanings ascribed to
such terms in Section 287.138, Florida Statutes.
(Remainder of Page Intentionally Left Blank)
Page 30 of 48
IN WITNESS WHEREOF, the Parties have made and executed this Agreement:
Broward County, through its Board of County Commissioners, signing by and through
its County Administrator, authorized to execute same by Board action on the 10th day of
December, 2024 (Agenda Item No. 46), and City of Dania Beach, signing by and
through its Mayor or Vice Mayor, duly authorized to execute same.
COUNTY
BROWARD COUNTY, by and through
its County Administrator
By: _________________________
Monica Cepero
____ day of ______________, 2026
Approved as to form by
Andrew J. Meyers
Broward County Attorney
By: ____________________________
Karina D. Rodrigues (Date)
Assistant County Attorney
By: _____________________________
Annika E. Ashton (Date)
Deputy County Attorney
KDR/ST/sr
50s Yr CDBG – City of Dania Beach Capital Project
08/14/2026
iManage #1234401v1
Page 31 of 48
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR
FUNDING AND ADMINISTRATION OF 50TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM FOR NORTHWEST OASIS NEIGHBORHOOD
IMPROVEMENT PROJECT PHASE XVII (CFDA # 14.218 / FAIN # B-24-UC-12-001)
CITY
CITY OF DANIA BEACH
ATTEST: By:
CITY MAYOR
_______________________________
CITY CLERK Print Name
_____ day of __________, 2026
I HEREBY CERTIFY that I have
approved this Agreement as to form and
legal sufficiency subject to execution by
the parties:
City Attorney
Page 32 of 48
EXHIBIT A
PROJECT DESCRIPTION
Fiscal Year: FY 2024-2025 (50th Year)
Project Name: Northwest Oasis Neighborhood Improvement Project (Phase 17)
City of Dania Beach
CDBG Fund Allocation: $180,472
Project Description:
CDBG Funds in the amount of One Hundred Eighty Thousand, Four Hundred Seventy-
Two Dollars ($180,472) shall be used to support the City of Dania Beach’s ongoing
safety and infrastructure improvement initiative, in accordance with CDBG guidelines.
The proposed project, Northwest Oasis Neighborhood Improvement Project Phase 17,
is part of a citywide initiative aimed at improving neighborhood livability through a safer
public infrastructure. This phase includes the installation of pervious paver aprons and
parking areas within the public right-of-way. These pervious pavers contribute to flood
control by allowing stormwater to infiltrate the ground, thereby reducing runoff and
improving drainage.
Additional improvements include the installation of street and traffic signs, construction
of new and replacement sidewalks, curbing, and ADA-compliant crosswalks with ramps.
The project will also provide pedestrians safety and street lighting.
Specific estimated improvements include up to 6,300 linear feet of paver blocks, 63
paver block driveway aprons, traffic signs, and street signs.
The Project is in the CDBG Target Area in Census Tracts 804.05 – Block Group 2.
As applicable, the City shall comply with the Build America, Buy America Act
(Pub. L. 117-58) and its implementing regulations at 2 C.F.R. Part 184, which generally
requires the use of U.S.-produced materials in certain federally funded projects, and all
applicable implementing regulations and HUD guidance, as stated in more detail in
Section 3.15 of the Agreement.
CDBG HUD National Objective: 24 CFR Part 570.208(a)(1), Area Benefit Activities
Page 33 of 48
Federal Award Identification Information as required by 2 C.F.R. Part 200.332(a)
Subrecipient name: City of Dania Beach
Subrecipient Unique Entity Identifier: U56KXBHZUBK9
Federal Award Identification Number (FAIN): B-24-UC-12-0001
Federal Award Date: September 10, 2024
Subaward Period of Performance Start and End Date: See timeline in Exhibit C.
Subaward Budget Period Start and End Date: See timeline in Exhibit C.
Amount of Federal Funds Obligated by this action by County to Subrecipient:
See Exhibit B.
Total Amount of Federal Funds Obligated to Subrecipient by County, including the
current financial obligation: $180,472; Amount includes only federal funds from County’s
fiscal year 2024-2025 Annual Action Plan.
Total Amount of the Federal Award committed to Subrecipient by County: See Exhibit B
Federal award project description, as required to be responsive to the Federal Funding
Accountability and Transparency Act (FFATA): See Exhibit A for the project description.
Name of Federal Awarding Agency, pass-through entity, and contact information for
awarding official of the Pass-through entity:
Federal Awarding Agency: United States Department of Housing and Urban
Development.
Pass-through Entity: Broward County.
Contact Information for awarding officials of the pass-through entity: See Section
12.8 of this Agreement.
Assistance Listings number and Title: CFDA 14.218 – Community Development Block
Grants/Entitlement Grants; The dollar amount made available under each Federal
Award and CFDA at the time of disbursement: CFDA 14.218 - For amount see Exhibit
B.
Identification of whether the award is R&D: No
Indirect cost rate for the Federal award: N/A
Page 34 of 48
ATTACHMENT 1 to EXHIBIT A
Project Area and Census Tract Info from most current web site data
Page 35 of 48
Project Area
Oasis Neighborhood Improvements:
Between SW 27th Avenue and SW 28th Avenue
• SW 46TH Place/ SW 27th Terrace (15 homes)
• SW 46th Court (24 homes)
• SW 47th Street (24 homes)
Page 36 of 48
EXHIBIT B
BUDGET
Each cost category below reflects the proposed amount necessary to complete the
Project by funding source(s).
Cost Category (1) CDBG (2) Non-CDBG (3) Other Total
A.Salary & Fringe Benefits -$ -$ -$ -$
B.Travel -$ -$ -$ -$
C.Equipment -$ -$ -$ -$
D.Supplies -$ -$ -$ -$
E.Contractual Services -$ 20,000.00$ -$ 20,000.00$
F.Construction 180,472.00$ 180,000.00$ -$ 360,472.00$
G.Other -$ -$ -$ -$
H.Total 180,472.00$ 200,000.00$ -$ 380,472.00$
Funding Sources
BUDGET NARRATIVE
Total Project Budget: $380,472
• CDBG Construction Funds: $180,472
• Non-CDBG Construction Funds (Local Dollars): $180,000
• Non-CDBG Contractual Services (Design Consultant): $20,000
CDBG Construction Funds – $180,472
CDBG funds will be used exclusively for eligible construction activities that benefit low-
to-moderate income (LMI) residents within the project area. These activities fall within
the scope of public infrastructure improvements as defined by 24 C.F.R. 570.201(c).
Costs listed below are interchangeable, allowing for flexible reallocation without the
need for a budgetary line-item change.
Page 37 of 48
Breakdown of CDBG-Funded Construction Tasks:
Activity Description
Driveway Aprons pavers at residential driveways within the right-
of-way. These serve as both beautification and
drainage control features.
Sidewalk
Installation/Replacement
Up to 400 linear feet of new or replaced
sidewalks to improve pedestrian safety and
ADA Curb Ramps
enhance accessibility and meet federal
Street & Traffic Signs
wayfinding, safety, and neighborhood
aesthetics.
Pedestrian & Street
Lighting enhancements to existing street lighting for
safety.
Non-CDBG Construction Costs – $180,000
(Funded with Local Dollars)
Local funds supplement the construction scope by supporting additional infrastructure
not covered by CDBG dollars, including:
Activity
Areas -way features beyond the limits of CDBG funding.
Drainage
Modifications -mitigating
Enhanced
Lighting Fixtures
Contingency &
Mobilization
Page 38 of 48
Non-CDBG Contractual Services – $20,000
(Funded with Local Dollars)
These funds are allocated for professional design and consulting services, including:
• Site evaluation and community meeting support
• Preparation of construction documents, specifications, and detailed cost
estimates
• Coordination of ADA and stormwater compliance
• Preparation of bid packages
• Construction administration
Summary
This project leverages federal and local funding to maximize neighborhood impact while
remaining compliant with CDBG eligibility and national objectives. The majority of funds
are invested in pervious paver driveway aprons, which not only enhance aesthetics and
property access but also support stormwater management and climate resilience. The
combination of CDBG and non-CDBG funds allows for a holistic approach to
infrastructure upgrades, community engagement, and long-term neighborhood benefit.
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)
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.
Page 39 of 48
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.
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 to 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
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Housing and Urban Planning 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 41 of 48
EXHIBIT C
PROJECT TIMELINE
The table below lists the main work tasks required to complete Project objectives before
the term of the Agreement expires.
The table below lists the main work tasks required to complete Project objectives before
the term of the Agreement expires.
Work Task Start-Up Date Date of Completion
Design plans and specifications 10/01/2024
06/30/2025
Advertisement and issue invitation to bid
05/27/2026
06/27/2026
Pre-Bid meeting 06/08/2026 06/22/2026
Bid opening, selection, and award 6/28/2026
07/15/2026
City Commission to award contract 07/16/2026 07/31/2026
pre-construction meeting,
08/01/2026
08/17/2026
Construction (CDBG Area) 08/18/2026 09/30/2026
Punch list items 09/15/2026
09/30/2026
Completion of construction 09/15/2026 09/30/2026
Monthly Reports and Final Report *05/08/2026 12/15/2026
*Monthly reporting starts on May 8, 2026, because project was temporarily on hold.
Page 42 of 48
EXHIBIT D
MONTHLY PROGRESS REPORT
Reporting Period: ____________________
Date Report Prepared: ____________________
A. Project Information:
Agency Name City of Dania Beach
Person Preparing the Report
Job Title
Signature
Project Name (Phase 17)
applicable)
B.1 Project Cost
$ 380,472.00 -$ 0%
$ 200,000.00 -$ -$ 0%
$ 180,472.00 -$ -$ 0%
$ - -$ -$ -$ 0%
B.2 Declaration of Agency Budget Changes
Program Income: _______________________________________________________
Source of Program Income: _______________________________________________
Page 43 of 48
B.3 Other Grant Awards
Date(s): _____________________ Dollar Amount(s): _________________________
Funding Source(s): Funding Contact Person(s): _____________________________
B.4 Describe attempts to secure additional funding:
B.5 Percent of Project completed to date: _______ %
B.6 Anticipated Changes in Staffing:
1. Office Hours: ______________________________________________
2. Resignations: ______________________________________________
3. Part-time or Full-time Employee(s):
__________________________________________________________
C.1 Brief Project Description and Project Location (if applicable, include homeowner's
name and address, general scope of work performed, and associated expenses):
C. 2. Describe specific work tasks and status completed this reporting period:
C.3. Describe success or problems encountered with the Project:
C.4. Anticipated problems or concerns with the Project. Please identify technical
assistance needed and/or requested from the staff of the Housing and Urban
Planning Division.
C.5. Anticipated advertisements and/or other contractual services. If so, have
the staff of the Housing and Urban Planning Division been advised and
appropriate steps taken to ensure compliance?
C.6. If applicable, please complete the information on the following Direct
Benefit Form for all program participants.
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Service Area is City or County-Wide
*Area Benefit Data
County Code Census tracts Block Groups
Total Number
Low/Mod:
Total Low/Mod
Universe
Population
Low/Mod
Percentage
LMISD
Date:
Total 0 0
%Low/Mod:
0.00%
Determined by:
HUD Funds
Source of Funds Amount
CDBG
Other Funds Amount
Source of Funds
State/Local Funds
Private Funds
Other Federal: (Explain Source)
Other: (Explain Source)
Activity Costs
(HUD + Other Funds)Amount
Total $0.00
Grant/Loan Assistance
Grants
Loans
Loan(s) provided
Accomplishment Program FY *FY for which accomplishment is being reported
Accomplishment Narrative
Accomplishment
Accomplishment Type Proposed Units Actual Units
Public Facilities & Infrastructure
Total Persons Assisted:
Of the Total Persons, Number of:Number of Persons
Total
EXHIBIT D
DIRECT BENEFIT DATA
Enter the number of grants or loans
provided to beneficiaries of this
activity
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D. Program Objectives
* Work Tasks Projected
Yearly Total/
Performance
Monthly
Progress
Reports
Progress
Yr-To-Date
Supporting
Documentation
Design Plans and
Specifications 1
Specs
and Pre-Bid
Meeting
1 (Sun Sentinel), Pre-bid Meeting Sign in Sheet,
Selection, and
Award
1 Request to BC-HFD to approve award of selected/recommende
Contract Execution,
Pre-Construction
Meeting,
Construction
1 applicable), Copy of Contract, pre-construction Meeting/sign in sheet(s), Notice to
1 Punch out list (task(s) that must be completed before
Completion of
Construction 1 Completion, Lien Releases, Cancelled Checks and/or Bank Ledger, Final Inspection, Final Release of Lien Request for
(Exhibit “D”)
* Work Tasks as listed in the Exhibit C (Project Timeline) of the Agreement.
Page 46 of 48
EXHIBIT E
REQUEST FOR PAYMENT
Community Development Block Grant Program
50th Year Program
Contract Period: October 1, 2024 to December 15, 2026
-$
Salary and Fringes -$ 0%
Contractual -$ 0%
Supplies -$ 0%
Equipment
Travel -$ 0%
Other -$ 0%
Total Expenditures -$ -$ -$ 0%
-$ -$ 100%
Telephone Number:
Page 47 of 48
-$ 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