HomeMy WebLinkAboutR-2003-079 Funding Agreement 28th Year CDBG April 8 2003 $120,471 I/
RESOLUTION NO. 2003-079
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE FUNDING AGREEMENT BETWEEN
BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR
THE 28T" YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM IN THE AMOUNT OF $120,471.00 FOR
INFRASTRUCTURE TO THE TWO PARCELS ACQUIRED IN
THE NORTHWEST COMMUNITY WITHIN THE CITY OF
DANIA BEACH; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE SAID AGREEMENT; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Dania Beach, Florida, has applied for the 28th Year
Community Development Block Grant(CDBG)for infrastructure to the two parcels acquired
in the Northwest Community; and
WHEREAS, the city has been awarded $120,471.00 for the infrastructure to said
parcels of land in the Northwest Community;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DANIA BEACH, FLORIDA:
Section 1. That certain Funding Agreement between Broward County and the
City of Dania Beach for the 28th Year Community Development Block Grant (CDBG)
Program, in the amount of $120,471.00, in substantial form as Exhibit "A" attached, is
approved and the appropriate city officials are authorized to execute it.
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to such Funding Agreement as are deemed necessary and proper for the best
interests of the City. Such Agreement shall not be deemed accepted by the City unless and
until the City has completed its execution of the Agreement.
Section 3. That upon execution of the agreement, it hereby authorizes the
Finance Director to appropriate the budget by the award amount in grant revenue and
appropriate expenditure account.
1 RESOLUTION NO. 2003-079
Section 4. That all resolutions or parts of resolutions in conflict with this resolution
• are repealed to the extent of such conflict.
Section 5. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED THIS 81h DAY OF APRIL, 2003.
OBERT AN ON
MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER CHUNN- YES
COMMISSIONER FLURY- YES
COMMISSIONER MIKES- YES
CHARLENE JOHIN,$ON VICE-MAYOR MCELYEA - YES
CITY CLERK MAYOR ANTON - YES
• APPROVED AS TO FO M AND CORRECTNESS:
BY: 6qvv
T OMAS J.-ANSBRO
CITY ATTORNEY
•
2 RESOLUTION NO. 2003-079
ant 1�q �-W6 W-
FLORIDA
April 11, 2003
Mr. Ray Lubomski, Director
Community Development Division
Broward County
115 S. Andrews Avenue, Room 310,
Fort Lauderdale, FL 33301
RE: FUNDING AGREEMENT- 28T" YEAR CDBG
Dear Mr. Lubomski:
Please find enclosed herewith four (4) originals of the above agreement
passed by Resolution No. 2003-079 on April 8, 2003. Please have all four
agreements signed by Broward County and, upon execution, return one original
for our records.
Thank you for your assistance in this matter. If you have any questions
regarding this grant project, please contact Bonnie Temchuk, Assistant to the
City Manager, at 954-924-3613,
Sincerely,
r ene Jo son
City Clerk
CJ/mn
Enclosures
•
"Broward's First City'
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us
Agenda Request Form
T City of Dania Beach
Agenda Item: v4 7.6IF
Date of Commission meeting: 4/8/2003
Description of Agenda Item: -Execution of 28th yr CDBG agreement for infrastructure
Commission action being requested:
Adopt Resolution or Ordinance ® Expenditure ❑ Award BID/RFP ❑
Presentation ❑ General approval of item ❑ Continued from meeting
Summa �explanat�or and�t�ackground � � � �
On January 28, 2002 Commission approved through resolution an application to apply for the 28th year
CDBG funds through two applications, $100,000 for acquisition of two parcels and $120,471 for
infrastructure to said parcels. On Oct. 8, 2002 Commission through resolution approved execution of
first agreement for the acquisition. Staff is now requesting approval to execute second agreement
for infrastructure. s
Attached exhibits and atldEtional backup materials (Please I�st)
Resolution dated 1/28/02 (electronic attachment)-Resolution dated 10/8/02 (electronic attachment)
Resolution dated 4/8/03(electronic attachment)
Exhibit"A"-Agreement(4) copies -delivered to Charlene Johnson
For purchasing requests ONLY
Department: Amount:
Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ® Capital: ❑
Account Name: Account Number:
Submitted by: bonnie temchuk Date: 3/25/2003
Department Director: Bonnie Temchuk Date: 3/25/2003
Admin. Services Director: Date:
• Finance Director. Patricia Varney Date: 3/26/2003
City Manager: IPato Date: 3/26/2003
RESOLUTION NO. 2002-014
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO APPLY FOR THE 28TH
YEAR COMMUNITY . DEVELOPMENT BLOCK GRANT
PROGRAM (2002-2003) IN THE TOTAL AMOUNT OF
$220,471.00; PROVIDING FOR FUNDING FOR NORTHWEST
ACQUISITION IN THE AMOUNT OF $100,000.00 AND
IMPROVEMENTS TO THE ACQUISITION SITES IN THE
AMOUNT OF $120,471.00; AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE SAID APPLICATION;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA.
Section 1. That certain 28'h year application for the Community Development Block
Grant program for 2002-2003 fiscal year for Northwest Acquisition of properties located at 56
NW 8 Avenue and 2 NW 8 Avenue in the amount of $100,000.00, and improvements to
aforementioned sites in the amount of $120,471.00 between the City of Dania Beach, Florida
and Broward County, in substantial form as Exhibit "A", attached, is approved and the
appropriate city officials are authorized to execute it. The City Manager and City Attorney are
• authorized to make minor revisions to said application as are deemed necessary and proper for
the best interests of the City.
Section 2. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED THIS 281h DAY OF JANUARY, 2002.
PAT FLURY
MAYOR — COMMISSIONER
ATTEST: ROLL CALL:
MAYOR FLURY- YES
VICE-MAYOR CHUNN-YES
COMMISSIONER BERTINO-YES
CHARLENE JOHNSON COMMISSIONER MCELYEA-YES
CITY CLERK COMMISSIONER MIKES-YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMAS ANSBRO
• CITY ATTORNEY
1 RESOLUTION NO. 2002-014
RESOLUTION NO. 2002-182
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE FUNDING AGREEMENT BETWEEN
BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR
THE 28T" YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM IN THE AMOUNT OF $100,000.00 FOR
ACQUISITION OF TWO PARCELS IN THE NORTHWEST
COMMUNITY WITHIN THE CITY OF DANIA BEACH;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE SAID AGREEMENT; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Dania Beach, Florida, has applied for the 28th Year
Community Development Block Grant (CDBG) for acquisition of two parcels in the
Northwest Community; and
WHEREAS, the city has been awarded $100,000.00 for the acquisition of said
parcels of land in the Northwest Community;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DANIA BEACH, FLORIDA:
Section 1. That that certain Funding Agreement between Broward County and
the City of Dania Beach for the 28th Year Community Development Block Grant (CDBG)
Program, in the amount of $100,000.00, in substantial form as Exhibit "A" attached, is
approved and the appropriate city officials are authorized to execute it.
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to such Funding Agreement as are deemed necessary and proper for the best
interests of the City. Such Agreement shall not be deemed accepted by the City unless and
until the City has completed its execution of the Agreement.
Section 3. That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
1 RESOLUTION NO. 2002-182
Section 4. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED THIS 8th DAY OF OCTOBER, 2002.
ROBERT CHUNN, JR.
MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO- YES
COMMISSIONER MIKES-YES
COMMISSIONER McELYEA- YES
CHARLENE JOHNSON VICE-MAYOR FLURY-YES
CITY CLERK MAYOR CHUNN-YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:
• THOMAS J. ANSBRO
CITY ATTORNEY
•
2 RESOLUTION NO. 2002-182
AGREEMENT
Between
BROWARD COUNTY
and
® CITY of DANIA BEACH
for
NW INFRASTRUCTURE to ACQUIRED PROPERTIES
IN THE AMOUNT OF $120,471
PROVIDING FOR FUNDING AND ADMINISTRATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS
•
INDEX
ARTICLE PAGE
1 DEFINITIONS AND IDENTIFICATIONS 1
2 PREAMBLE 2
3 PROJECT 4
4 FUNDING AND METHOD OF PAYMENT AND PROVISIONS
RELATING TO THE USE OF THE FUNDS 10
5 -- ASSURANCES 12
6 FINANCIAL RESPONSIBILITY 16
7 INDEMNIFICATION AND INSURANCE 17
8 TERM OF AGREEMENT 17
9 TERMINATION; DISQUALIFICATION 17
10 NOTICES 19
11 MISCELLANEOUS 19
. EXHIBITS
EXHIBIT "A" Project Description
EXHIBIT "B" Costs/Budget for Project
EXHIBIT "C" Timetable/Schedule for Project
EXHIBIT "D" Monthly Progress Report
EXHIBIT "E" Subgrantee's Request for Payment
EXHIBIT "F" Mortgage and Promissory Note (N/A)
•
AGREEMENT
Between
BROWARD COUNTY
and
CITY of DANIA BEACH
for
NW INFRASTRUCTURE to ACQUIRED PROPERTIES
IN THE AMOUNT OF $120,471
PROVIDING FOR FUNDING AND ADMINISTRATION OF-
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS
This is an Agreement between: BROWARD COUNTY, a political subdivision of
the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY,"
through its Board of County Commissioners,
AND
City of Dania Beach, a corporate body politic of the State of Florida, its successors
and assigns, hereinafter referred to as "SUBGRANTEE."
W I T N E S S E T H, that, for and in consideration of the mutual terms and
conditions, promises, covenants and payments hereinafter set forth, COUNTY and
SUBGRANTEE agree as follows:
ARTICLE 1 - DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms
and provisions which follow, the DEFINITIONS and IDENTIFICATIONS set forth below
are assumed to be true and correct and are agreed upon by the parties.
1.1 ASSURANCES: means those assurances made by SUBGRANTEE to COUNTY
as specifically set forth in this Agreement.
1.2 BROWARD COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
or PROGRAM means the Community Development Program applied for by Broward
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• County and awarded by the United States Department of Housing and Urban Development
as authorized pursuant to Title I, Housing and Community Development Act of 1974, Public
Law 93-383, as amended.
1.3 CDBG Funds: means the Community Development Block Grant Funds;the monies
given to SUBGRANTEE pursuant to the terms of this Agreement.
1.4 COUNTY: means Broward County, Florida, a political subdivision of the State of
Florida.
1.5 DAVIS-BACON: means the prevailing wage rate as determined by the Secretary of
Labor to be paid laborers and mechanics working on projects of Two Thousand Dollars
($2,000.00) or more.
1.6 DIVISION: means the Community Development Division of Broward County.
1.7 GRANTEE: means Broward County, Florida, as Grantee of the Broward County
Community Development Block Grant Program.
1.8 H.U.D.: means the United States Department of Housing and Urban Development.
1.9 PROJECT: means the project or projects set forth in Article III hereof, and Exhibit
"A" entitled Project Description.
1.10 RULES AND REGULATIONS OF H.U.D.: means 24 C.F.R. 570, "Community
. Development Block Grant Regulations"; 24 C.F.R. 85, "Administrative Requirements for
Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian
Tribal Government"; OMB Circular A-87, "Cost Principles for State and Local
Governments"; OMB Circular A-128, "Audits of State and Local Governments."
1.11 SUBGRANTEE: means City of Dania Beach, a municipality as subgrantee for the
Project included in the Broward County Community Development Block Grant Program.
ARTICLE 2 - PREAMBLE
In order to establish the background, context and frame of reference for this
Agreement and to generally express the objectives and intentions of the respective parties
herein, the following statements, representations and explanations shall be accepted as
predicates for the undertakings and commitments included within the provisions which
follow and may be relied upon by the parties as essential elements of the mutual
considerations upon which this Agreement is based.
2.1 Title I of the Housing and Community Development Act of 1974, P.L. 93-383,
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consolidated several existing categorical programs for community development into a
single program of Community Development Block Grants ("CDBG") for the purpose of
allowing local discretion as to the determination of needs and priorities for a community
development program. The needs and priorities of community development in Broward
County were determined through consultation with representatives of the community
participating in the Broward County Community Development Block Grant Program.
2.2 Pursuant to 24 C.F.R. 570.200(a) and 570.301 of the Rules and Regulations of
H.U.D., the Project were included in the Broward County Community Development Block
Grant Program submission to H.U.D. It was determined that the proposals funded under
this Project would address one or more of the following three national objectives;
2.2.1 Activities benefitting a majority (at least 51%) of low and moderate-income
persons in primarily residential areas, including:
(1) Area benefit activities (uniform emergency telephone numbers system,
payment of special assessments, qualifying activities in areas that are either
a Federally-designated Empowerment Zone or Enterprise Community);
(ii) Limited clientele activities (at least fifty-one [51] percent of whom are low
and moderate income, abused children, battered spouses, elderly persons,
those "severely disabled," homeless, illiterate, persons living with AIDS, and
migrant and farm workers; activities that serve to remove material or
architectural barriers to the mobility or accessibility of elderly persons or
those "severely disabled"; a micro enterprise related assistance activity; a
. qualified activity designed to provide job training and placement and/or other
employment and support services);
(iii) Housing activities carried out for the providing or improving permanent
residential structures;
(iv) Job creation or retention activities designed to create or retain per-
manent jobs.
2.2.2 Activities which aid in the prevention or elimination of slums or blight based
on varied criteria, including, but not limited to meeting the definition of a slum,
blighted, or deteriorated area under State or local law, the documented presence
of a number of deteriorated buildings or public improvements, addressing the
conditions which contributed to the deterioration, rehabilitation to eliminate specific
conditions detrimental to public health and safety, those activities which address
prevention or elimination of slums or blight in an urban renewal areas.
2.2.3 Activities designed to meet community development needs having a
particular urgency if the recipient certifies that the activity is designed to alleviate
existing conditions which pose a serious threat to the health or welfare of the
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community, are of recent origin, the recipient is unable to finance the activity on its
own, and that other sources of funding are not available.
2.3 Under the Rules and Regulations of H.U.D., COUNTY is administrator for the
Program and COUNTY is mandated to comply with various statutes, rules and regulations
of the United States and the Rules and Regulations of H.U.D., as to the allocation and
expenditure of funds as well as protecting the interests of certain classes of individuals who
reside in Broward County, Florida.
2.4 COUNTY is mandated by H.U.D. to conduct all programs and activities relating to
housing and community development in a manner which will affirmatively further fair
housing. COUNTY will fund only those SUBGRANTEES who have taken steps to promote
fair housing.
2.5 COUNTY is desirous of disbursing the funds to SUBGRANTEE. However, as
administrator for the Program, COUNTY desires to obtain the assurances from
SUBGRANTEE, and SUBGRANTEE so assures COUNTY,that SUBGRANTEE will comply
with the statutes, rules and regulations of the United States, the Rules and'Regulations of
H.U.D., the State of Florida, and applicable codes and regulations of COUNTY relating to
the Project and the Program, as a condition precedent to the release of such funds to
SUBGRANTEE.
2.6 Any SUBGRANTEE found to be taking actions designed to discourage affordable
housing for sale or rent within the confines of Broward COUNTY is not eligible to receive
• CDBG Funds.
2.7 This Agreement is subject to the availability of funds as more specifically described
in Article 4 and Article 9 hereof.
ARTICLE 3 - PROJECT
3.1 SUBGRANTEE agrees to provide and implement the following eligible Project:
NW Infrastructure to Acquired Properties
This project was submitted and approved in the 28th year process. Such Project is more
specifically described and set forth in Exhibit "A" attached hereto and by this reference
made a part hereof.
3.2 SUBGRANTEE agrees to implement Project and comply with the timetable set forth
in Exhibit"C," attached hereto and made a part of this Agreement. Failure to maintain the
implementation schedule within sixty(60)days of the checkpoints identified in the timetable
shall warrant a full review by Division staff to meet HUD's required expenditure rates for
the program year. Such referral shall be the first step toward possible reprogramming of
funds. Failure to maintain the implementation schedule within ninety (90) days of
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• checkpoints shall be cause for an attendant recommendation from the Division that all
uncommitted and unexpended funds be transferred to the contingency account or be
reprogrammed, consistent with the Housing and Community Development Act of 1974, as
amended.
3.3 All specifications and plans prepared or to be used for the Project shall be certified
and approved by SUBGRANTEE and submitted to the Division for approval prior to
advertisement or implementation as applicable.
3.4 No construction work may be undertaken without written authorization from the
Division prior to issuance of a formal Notice to Proceed to SUBGRANTEE.
3.5 All change orders must receive prior approval from the Division.
3.6 At the completion of each Project, "as-built" drawings, when necessary, shall be
submitted to the Division for approval prior to final payment.
3.7 The Division may issue a Stop Order to SUBGRANTEE which will halt all work on
the Project in the event that the work is not being done according to specifications or when,
in the Division Director's judgment, SUBGRANTEE or its contractor have violated federal
guidelines and regulations, the Assurances contained in Article 5, or the provisions of this
Agreement.
3.8 SUBGRANTEE agrees that the Division will carry out periodic monitoring and
evaluation activities as determined necessary by the Division. The continuation of this
Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will
be based on the terms of this Agreement, comparisons of planned versus actual progress
relating to Project(s)scheduling, budgets:in-kind contributions and output measures. Upon
request SUBGRANTEE agrees to furnish to the Division Director, COUNTY or their
designees, such records and information, including copies and/or transcriptions, as is
determined necessary by the Division or COUNTY. SUBGRANTEE shall submit on a
monthly and quarterly basis, and at other times upon the request of the Division Director,
information and status reports required by Division, COUNTY or H.U.D. on forms approved
by the Division Director.
3.9 If SUBGRANTEE's Project involves any construction, renovation or remodeling and
design professionals and/or contractors will be hired to complete the Project, the
following shall apply:
3.9.1 SUBGRANTEE shall provide COUNTY with a copy of all contracts and
correspondence between SUBGRANTEE and any design professionals to
complete the Project. The design professional's service shall include civil,
structural, mechanical and electrical engineering and architectural services,
as applicable for the Project, including all necessary, incidental and related
activities and services required by the Project's scope and contemplated in
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the professional's level of effort.
3.9.2 SUBGRANTEE shall provide COUNTY with a copy of all contracts and
correspondence between SUBGRANTEE and any contractors to complete
the Project. The contractor's service shall include, but not be 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 the requirements and provisions of the codes as
defined by plan review incident to permitting. The Scope of Work also
includes all Project site preparations (pre-inspection, examination;tests and
borings, and discovery of the site conditions and other similar activities.
3.9.3 COUNTY shall reimburse SUBGRANTEE for its design expenditures upon
completion of each design phase more particularly described in the Project
Schedule,which shall include, but not be limited to, schematic design, design
development and contract document. At the conclusion of each phase,
SUBGRANTEE shall provide the associated deliverable and shall submit an
invoice for payment:
a) Schematic Design
The design professional shall prepare and submit for approval
Schematic. Design Studies consisting of drawings and other
documents illustrating the scale and relationship of Project
components. Additionally, the design professional shall submit a
written Statement of Probable Construction Cost based on current
area, volume or other unit costs. The design professional must
research all applicable codes, ordinances, rules, regulations and
requirements of governmental authorities having jurisdiction over the
Project.
b) Design Development
The design professional shall prepare the Design Development
Documents consisting of drawings and other documents to fix and
describe the size and character of the entire Project, including
architectural, structural, mechanical, and electrical systems, materials
and such other essentials as may be appropriate. The design
professional shall considerthe availability of materials,equipment and
labor, construction sequencing and scheduling, economic analysis of
construction and operations, user safety and maintenance
requirements and energy conservation.
The Design Development Drawings/Documentation shall consist of,
but not be limited to, the following:
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Expansion of the architectural, structural, mechanical and electrical
Schematic Design Documents to establish the final scope,
relationships, forms, size and appearance of the Project
through appropriate: Plans, sections and elevations, 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;
Development scheduling services consisting of reviewing and
updating previously established schedules; and
Written Statement of Probable Construction Cost consisting of
updating and refining the Schematic Design Phase Statement
of Probable Construction Cost.
c) Contract Documents
The design professional shall prepare from the approved Design
Development Drawing Documents the working drawings and
specifications setting forth in detail and prescribing the work to be
done, the materials, workmanship, 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 design professional shall, in the preparation of the
drawings and specifications, take into account all then prevailing
codes and regulations governing construction in Broward County.
Work tasks to accomplish this include but are not limited to the
following: prepare drawings and specifications for construction;
update and revise the probable cost of construction.
The Contract Documents shall be sufficiently complete and include
sufficient detail to permit issuance of a building permit and responsive
bids obtained.
3.10 COUNTY shall reimburse SUBGRANTEE for its construction expenditures pursuant
to the Project Schedule, which shall indicate the dates for the commencement and
completion of the various stages of construction and shall be revised as required by
the conditions of the Project. The Contractor shall plan, record, and update, at least
monthly, the Project's construction schedule.
3.11 At no time shall COUNTY distribute grant funding where SUBGRANTEE has not
provided the required deliverable.
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3.12 In the event SUBGRANTEE 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 not the fault of SUBGRANTEE,
COUNTY shall grant a reasonable extension of time for completion of the services
without additional funding. It shall be SUBGRANTEE's responsibility to notify
COUNTY promptly in writing whenever a delay in approval by a governmental
agency is anticipated or experienced, and to inform COUNTY of all facts and details
related to the delay.
3.13 SUBGRANTEE shall submit invoices for reimbursement of construction
expenditures which are identified by the specific project number in a timely manner.
These invoices shall identify the nature of the work performed, the phase of work,
and the estimated percent of work accomplished. Invoices for each phase shall not
exceed the amounts allocated to that phase. Invoices shall also indicate the
cumulative amount of SDBE participation to date. The invoice shall show a
summary of fees with accrual of the total and credits for portions paid previously.
3.14 COUNTY shall pay SUBGRANTEE within thirty (30) calendar days from receipt of
SUBGRANTEE's invoice for reimbursement of construction expenditures, as
defined by COUNTY's Prompt Payment Ordinance, ninety percent(90%)of the total
shown to be due on such invoice. When the services to be performed on each
phase of the Project are fifty percent (50%) complete and upon written request by
SUBGRANTEE, COUNTY shall assess whether the Project is progressing in a
satisfactory manner, in its sole discretion, and may authorize that subsequent
payments for each phase may be increased to ninety-five percent(95%)of the total
shown to be due on subsequent statements.
3.15 Upon SUBGRANTEE's satisfactory completion of each construction phase and after
COUNTY's review and approval, COUNTY shall remit to SUBGRANTEE the ten
percent(10%)or five percent(5%) portion of the amounts previously withheld. Final
payment for the Project may be approved by the Director of the Broward County
Purchasing Division.
3.16 SUBGRANTEE agrees to meet with COUNTY at reasonable times and with
reasonable notice.
3.17 SUBGRANTEE shall meet or exceed the standards noted in the scope of services
attached and incorporated in this Agreement, and all applicable codes, ordinances,
statutes and any other regulations imposed by any regulatory body or authority
governing the design and construction.
3.18 Time is of the essence throughout this Contract. The total Project shall be
completed by SUBGRANTEE and ready for final payment no later than 365
calendar days. Any time extension authorized by COUNTY shall extend the dates
in this section by an equal amount of time.
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3.19 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.
3.20 SUBGRANTEE shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards and such other hazards as
COUNTY may require and in such amounts and for such affordability, loan or
restriction periods as COUNTY may require.
3.20.1 In the event of loss, SUBGRANTEE shall give prompt notice to the
insurance carrier and COUNTY. COUNTY may make proof of loss if not
made promptly by SUBGRANTEE.
3.20.2 Unless the Parties otherwise agree in writing, insurance proceeds
shall be applied to restoration or repair of the Property damaged, provided
such restoration or repair is economically feasible and COUNTY's interest is
not thereby impaired. If such restoration or repair is not economically
feasible or if COUNTY's interest would be impaired,the insurance proceeds
shall be applied to the sums contemplated in this Agreement, with the
excess, if any, paid to SUBGRANTEE. If the Property is abandoned by
SUBGRANTEE or if SUBGRANTEE fails to respond to COUNTY within
thirty(30)days from the date notice is mailed by COUNTY that the insurance
carrier offers to settle a claim for insurance benefits, COUNTY is authorized
to collect and apply the insurance proceeds at COUNTY's option either to
restoration or repair of the Property or to the sums contemplated under this
Agreement.
3.20.3 Such policy or policies shall be without any deductible amount and
shall be issued by approved companies authorized to do business in the
state of Florida, and having agents upon whom service of process may be
made in Broward County, Florida. SUBGRANTEE shall specifically protect
COUNTY and the Broward County Board of County Commissioners by
naming COUNTY and the Broward County Board of County Commissioners
as additional insureds.
3.20.4 SUBGRANTEE shall furnish to COUNTY Certificates of Insurance or
endorsements evidencing the insurance coverages specified in this Section
prior to beginning performance of work under this Agreement.
3.20.5 All policies must be endorsed to provide COUNTY with at least thirty
(30) days' notice of cancellation and/or restriction. If any of the insurance
coverages will expire prior to the required term, copies of renewal policies
shall be furnished at least thirty (30) days prior to the date of their expiration.
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ARTICLE 4 - FUNDING AND METHOD OF PAYMENT AND
PROVISIONS RELATING TO THE USE OF THE FUNDS
4.1 The maximum amount payable by COUNTY under this Agreement shall be One
Hundred Twenty Thousand Four Hundred Seventy-One and 00/100 Dollars($120,471.00).
4.2 COUNTY agrees to reimburse SUBGRANTEE for the Project expenses incurred as
provided for in Exhibit"B" attached hereto, provided a suspension of payment as provided
for in the within Article of this Agreement has not occurred, and provided further that
SUBGRANTEE complies with the procedures for invoices and payments as set forth in this
Article.
4.3 COUNTY shall pay SUBGRANTEE as specific consideration forthe indemnification
of Article 7, the sum of ONE DOLLAR ($1.00) in cash, the receipt of which is hereby
acknowledged by SUBGRANTEE. --
4.4 SUBGRANTEE, shall invoice COUNTY monthly using Exhibit "E," Subgrantee's
Request for Payment on the following basis:
4.4.1 SUBGRANTEE shall provide COUNTY with an executed original of any
contracts or subcontracts authorizing the work to be done on the Project.
4.4.2 SUBGRANTEE shall provide COUNTY with documentation of leveraging
which has occurred during each month.
4.4.3 SUBGRANTEE shall submit a certified copy of the purchase order
authorizing the services for which it is invoicing.
4.4.4 If SUBGRANTEE has awarded a contract to an independent contractor to
perform Project services, SUBGRANTEE shall submit to COUNTY a certified copy
of the contractor's invoice stating the services rendered and the date the services
were rendered.
4.4.5 SUBGRANTEE administrator or his authorized representative shall certify
that the work that is being invoiced has been completed.
4.4.6 In addition, SUBGRANTEE shall provide COUNTY with monthly progress
reports as provided in Exhibit "D," attached hereto and made a part of this
Agreement.
4.4.7 SUBGRANTEE shall disclose to COUNTY any and all third party funding,
whether public or private, for the Project. No COUNTY funding shall be used
to supplant existing third party funding.
4.5 Upon receiving the invoices, reports and other materials as described by Section
4.1, the Division shall audit such bid awards, contracts, reports and invoices to determine
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whether the items invoiced have been completed and that the invoiced items are proper
for payment.
4.6 Upon determination by the Division that the services or material invoiced have been
received or completed, the Division shall authorize the Broward County Finance and
Administrative Services Department to make payment to SUBGRANTEE the amount it
determines, pursuant to the audit,to be payable. Payment for travel expenses, if any, shall
be made in accordance with County guidelines for travel reimbursement.
4.7 For purposes of this section, invoices, reports and other materials as described in
Section 4.4, shall not be honored if received later than sixty (60) days after expiration or
termination of this Agreement, except invoices for impact fees which will be honored up to
twelve (12) months after expiration or termination of this Agreement.
4.8 SUBGRANTEE agrees to notify the Division at least forty-eight (48) hours in
advance of the date that work on the Project will be initiated in order that on-site
inspections may be conducted by COUNTY.
4.9 SUBGRANTEE agrees to expend the funds allocated to the Project by October 31,
2003. All funds not expended within the term of this Agreement shall remain in the custody
and control of COUNTY.
4.11 The parties hereby agree that the following events are sufficient cause for
suspension of payments. Such events include but are not limited to:
4.10.1 Ineligible use of CDBG Funds;
4.10.2 Failure to comply with the work program or terms of this Agreement;
4.10.3 Failure to submit reports as required including a favorable audit report;
and
4.10.4 Submittal of incorrect or incomplete reports in any material respect.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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ARTICLE 5 -ASSURANCES
5.1 SUBGRANTEE agrees that these Assurances shall survive the expiration or earlier
termination of this Agreement.
5.2 SUBGRANTEE agrees to comply with the provisions of Section 102, Executive
Order 11246, and with the guidelines for applicants on equal opportunity obligations for
CDBG Funds in regard to construction contracts.
5.3 SUBGRANTEE agrees to submit to the Division at least two (2) weeks prior to the
actual date, written notification of all prebid and construction contracts.
5.4 SUBGRANTEE agrees to comply with the provisions of 24 C.F.R. Part 13-5 and
Subtitle A, et al. (Section III Economic Opportunities for Low and Very Low Income
Persons, Interim and Final Rules)
5.5 SUBGRANTEE agrees to comply with all applicable federal, state and county laws,
ordinances, and codes and regulations. Any conflict or inconsistency between the above
federal, state or county guidelines and regulations and this Agreement shall be resolved
in favor of the more restrictive regulations.
5.6 SUBGRANTEE agrees to act in accordance with Title VI of the Civil Rights Act of
1964 (P.L. 88-352), no person in the United States shall, on the ground of race, color, or
national origin, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity for which SUBGRANTEE
receives federal financial assistance and will immediately take any measures necessary
to effectuate this Agreement. If any real property or structure thereon is provided or
improved with the aid of federal financial assistance extended to SUBGRANTEE, this
assurance shall obligate SUBGRANTEE or in the case of any transfer of such property,
any transferee, for the period during which the real property or structure is used for a
purpose for which the federal financial assistance is extended or for another purpose
involving the provision of similar services or benefits.
5.7 SUBGRANTEE agrees, if applicable, to inform affected persons of the benefits,
policies, and procedures provided for under H.U.D. regulations.
5.8 SUBGRANTEE agrees to establish safeguards to prohibit employees from using
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 ties.
5.9 SUBGRANTEE agrees further that it shall be bound by the standard terms and
conditions used in the Grant Agreements and such other rules, regulations or requirements
as H.U.D. may reasonably impose, in addition to the aforementioned assurances provided
at, or subsequent to, the execution of this Agreement, by the parties hereto.
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5.10 If applicable, SUBGRANTEE agrees to carry out the relocation process in such a
manner as to provide displaced persons with uniform and consistent services, and assure
that replacement housing will be available in the same range of choices with respect to
such housing to all displaced persons regardless of race, color, religion, or national origin
pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, as amended.
5.11 SUBGRANTEE agrees to comply with the requirements and standards of OMB
Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with
State, Local, and Federally Recognized Indian Tribal Governments," and 24 C.F.R. 85.
5.12 SUBGRANTEE agrees to incorporate COUNTY'S Small Disadvantaged Business
Enterprises Affirmative Action Program requirements covering contracts at a minimum of
One Hundred Fifty Thousand and 00/100 ($150,000.00) and H.U.D. regulations for all
contracts of Ten Thousand Dollars and 00/100 ($10,000.00) or more awarded by
SUBGRANTEE pursuant to this Agreement.
5.13 SUBGRANTEE agrees to incorporate COUNTY'S First Source Hiring Agreement
Requirement within all contracts awarded by SUBGRANTEE pursuant to this Agreement.
5.14 SUBGRANTEE agrees to comply with the following requirements as they relate to
acquisition, lease, sublease, and disposition of real property.
5.14.1 Real property acquired utilizing CDBG Funds shall be subject to a mortgage
and promissory note (Exhibit "F" attached hereto and made a part hereof) recorded by
SUBGRANTEE prior to the disbursement of any funding-, at its sole expense, in favor of
COUNTY, as mortgagee. Failure to use the property for the purpose(s) intended and
pursuant to the terms within this Agreement shall result in breach of said mortgage and
remedies pursuant to same in favor of the COUNTY;
5.14.2 Before entering into a lease or sublease with a third party, SUBGRANTEE
shall notify the Division of his/her intent to enter into a lease or sublease, provide
a copy of the proposed lease or sublease and obtain the Division's consent;
5.14.3 Property acquired through a CDBG funded Project shall be used for the
original approved purpose and SUBGRANTEE shall demonstrate significant
progress within twelve (12) months of closing on such property. In the event such
progress is not evidenced nor commenced within said twelve(12)months of closing,
SUBGRANTEE hereby agrees to transfer ownership of the property acquired with
CDBG Funds to COUNTY, if COUNTY so requests in writing;
5.14.4 All real property transferred to COUNTY'S ownership, as a result of the
aforementioned deficiency, or lack of significant material progress, or real property
returned as a result of expiration and subsequent termination of the original Funding
Agreement, shall be used by COUNTY at its discretion for reallocation to other
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eligible CDBG activities;
5.14.5 Real property acquired.utilizing CDBG Funds used for purpose of housing
construction shall be deeded to home buyers at no cost unless other provisions are
made part of a specified provision of this Agreement and approved by the Division.
Any income realized as a result of the disposition of property by SUBGRANTEE
shall be returned to COUNTY, unless otherwise provided for by written agreement;
5.14.6 Any regulations, policies, procedures, or requirements governing the
acquisition, use and disposition of real property, including but not limited to the
Uniform Relocation and Real Property Acquisition Policies Act, shall be followed
and provisions of said regulations, policies, procedures and requirements shall be
met;
5.14.7 The income of persons benefitting from acquisition of real property used for
housing shall not exceed H.U.D. Section 8 guidelines unless written authorization
is given by the Division;
5.14.8 Proceeds from the sale of real property purchased in whole or in part with
CDBG Funds shall be used forthe originally authorized purposes as long as needed
for that purpose(s), and the grantee or subgrantee shall not dispose of or encumber
its title or other interests, consistent with 24 C.F.R. 85.31.
5.14.9 Method of transfers of real property acquired with or improved by use of
CDBG Funds shall be accomplished after approval by the Director of the
SCommunity Development Division.
5.15 Real property, equipment and supplies acquired with CDBG funds and no longer
needed for the originally authorized purpose shall be disposed of in the manner authorized
by the Director of the Community Development Division and consistent with 24 C.F.R. 85
after the SUBGRANTEE has requested disposition instructions.
5.16 In instances where there is construction work of over Two Thousand Dollars and
00/100 ($2,000.00) financed in whole or part with CDBG Funds under this Agreement,
SUBGRANTEE agrees to adhere to the Davis-Bacon Act, 40 U.S.C. 276a-276a-5, as
amended, 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.
5.17 In instances where SUBGRANTEE is seeking to use CDBG Funds for payment of
impact fees, SUBGRANTEE must attempt to secure a waiver of such impact fees. If
SUBGRANTEE is unsuccessful in obtaining a waiver, SUBGRANTEE must submit to the
Division documentation reflecting SUBGRANTEE'S unsuccessful efforts priorto utilization
of CDBG Funds for payment of impact fees.
5.18 SUBGRANTEE agrees that CDBG Funds shall not be used for religious activities
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or provided to primarily religious entities for any activities, including secular activities.
5.19 SUBGRANTEE agrees to administer, in good faith, a policy designed to assure a
workplace free from the illegal use, possession, or distribution of drugs or alcohol by its
beneficiaries.
5.20 Subgrantee agrees that applicants for rehabilitation assistance, tenants in housing
being rehabilitated and purchasers of HUD-associated housing will be provided with
information concerning the dangers of Lead-Base Paint.
5.21 Subgrantee agrees that:
5.21.1 No federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting to influence
an officer or employee of—any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in connection with
the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan or cooperative agreement.
5.21.2 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 federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
5.21.3 The undersigned shall require that the language of this certification 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.
5.22 SUBGRANTEE agrees to act in accordance with Section 503 and 504 of the
Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 in addressing
the problem of discrimination against individuals with disabilities in such areas as
employment, housing, public accommodations, education and transportation.
5.23 In accordance with Section 519 of Public Law 101-144, (the HUD Appropriations
Act), Subgrantee certifies that it has adopted and is enforcing a policy prohibiting the use
of excessive force by law enforcement agencies within its jurisdiction against any
individuals engaged in nonviolent civil rights demonstrations.
5.24 SUBGRANTEE shall comply with Title I and Title II of the ADA regarding
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nondiscrimination on the basis of disability in employment and in state and local
government services, in the course of providing services funded in whole or in part by
Broward County.
ARTICLE 6 - FINANCIAL RESPONSIBILITY
6.1 SUBGRANTEE gives COUNTY, H.U.D., and the Comptroller General, through any
authorized representative, access to and the right to examine all records, books, papers,
or documents relating to the Project.
6.2 SUBGRANTEE agrees to comply with the requirements and standards of OMB
Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with
State, Local, and Federally Recognized Indian Tribal Governments" and 24 C.F.R. 85.
6.3 SUBGRANTEE agrees that if it has caused any funds to be expended in violation
of this Agreement, it shall be responsible to refund such monies in full to COUNTY from
nonfederal resources, or if this Agreement is still in force, any subsequent request for
payment shall be withheld by COUNTY.
6.4 SUBGRANTEE agrees to comply with the audit requirements of OMB Circular A-
133, entitled "Audits of State and Local Governments and Non-Profit Organizations." The
audit shall cover the entire operations of the local government or, at the option of that
government, may cover only the department or agency that received, expended, or
otherwise administered the federal funds. Such audit must be filed with COUNTY within
one hundred eighty (180) days after the close of the fiscal year of the governmental entity.
All grant funds from COUNTY should be shown via explicit disclosure in the annual
financial statements or the accompanying notes to the financial statements.
6.5 SUBGRANTEE agrees and understands that all funding authorized through the
CDBG program shall be used only for eligible activities specifically outlined in this
Agreement. In the event any of such funds are used for ineligible activities, such
inappropriately used funds shall be repaid to COUNTY by SUBGRANTEE, and COUNTY,
in its sole discretion, may reallocate the funds to other eligible CDBG projects.
6.6 Upon the prior written approval of the COUNTY, program income generated as a
result of receipt of CDBG Funds shall be used in one of the following manners:
6.6.1 Added to funds committed to the Project by SUBGRANTEE and used
proportionally to the original funding allocation to further eligible program objectives.
6.6.2 To finance the nonfederal share of the Project.
6.6.3 Only for eligible CDBG activities.
6.6.4 Returned to COUNTY upon written request of the Division.
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® 6.7 SUBGRANTEE agrees to budget and expend all CDBG Funds in accordance with
the Division's "Procedures Manual for Subrecipients."
6.8 SUBGRANTEE is required to and hereby agrees to account for program income
related to Project financed in whole or part with CDBG Funds.
6.9 Any real property underthe SUBGRANTEE'S control thatwas acquired or improved
in whole or in part with CDBG Funds shall be:
6.9.1 Used to meet one of the National Objectives in 24 C.F.R. 570.208 until five
(5) years after expiration of this Agreement; and
6.9.2 Disposed of, if disposition occurs, in a manner that results in the COUNTY
being reimbursed in the amount of the current fair market value of the property less
any portion of the value attributable to the expenditure of non-CDBG Funds for
acquisition of or improvement to the property.
6.10 SUBGRANTEE acknowledges that this is a federally assisted Project. Failure to
complete the Project in accordance with this Agreement, whether voluntarily or otherwise,
constitutes a material breach of this Agreement, and any funds expended by COUNTY
pursuant to this Agreement for the Project shall be repaid in full to COUNTY from
nonfederal resources. SUBGRANTEE agrees that this provision shall survive the
expiration or earlier termination of this Agreement.
ARTICLE 7 - INDEMNIFICATION AND INSURANCE
7.1 SUBGRANTEE agrees to be fully responsible for acts and omissions of its agents
or employees to the extent permitted by law. Nothing herein is intended to serve as a
waiver of sovereign immunity by any party to which sovereign immunity may be applicable.
Nothing herein shall be construed as consent by a state agency or political subdivision of
the State of Florida to be sued by third parties in any matter arising out of this Agreement
or any other contract.
7.2 SUBGRANTEE shall furnish Contract Administrator with written verification of
liability protection in accordance with state law prior to final execution of this Agreement.
ARTICLE 8 - TERM OF AGREEMENT
This Agreement shall be deemed to commence on May 1. 2003, and shall end on
October 31, 2003.
ARTICLE 9 - TERMINATION; DISQUALIFICATION
9.1 This Agreement is subject to the availability of funds. Should funds no longer be
available, this Agreement shall terminate upon no less than twenty-four(24) hours notice
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in writing to SUBGRANTEE. Said notice shall be delivered by certified mail, return receipt
requested, or in person, with proof of delivery. COUNTY shall be the final authority as to
the availability of funds.
9.2 If, through any cause, SUBGRANTEE fails to commence work on the Project, as
set forth in Exhibit "C," within ninety (90) days from the date of execution of this
Agreement, or fails to fulfill in timely and proper manner its obligations under this
Agreement, or if SUBGRANTEE shall violate any of the covenants, agreements, or
stipulations of this Agreement COUNTY, at the discretion of and through the County
Administrator, shall thereupon have the right to terminate this Agreement or suspend
payment in whole or part by giving written notice to SUBGRANTEE of such termination
or suspension of payment and specifying the effective date thereof, at least five (5) days
before the effective date of termination or suspension. If payments are withheld, the
Division shall specify in writing the actions that must be taken by SUBGRANTEE as a
condition precedent to resumption of payments and should specify a reasonable date for
compliance.
9.3 In the event of termination, all finished or unfinished documents,-data studies,
surveys, drawings, maps, models, photographs, reports prepared, capital equipment and
any other assets secured by SUBGRANTEE with CDBG Funds under this Agreement
shall be returned to COUNTY.
9.4 Notwithstanding the above, SUBGRANTEE shall not be relieved of liability to
COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement
by SUBGRANTEE, and COUNTY may withhold any payments to SUBGRANTEE, for the
purposes of setoff until such time as the exact amount of damages is determined.
9.5 In the best interests of the program and in order to better serve the people in the
target areas and fulfill the purposes of the Act, either party may terminate this Agreement
upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons for
doing so. In the event COUNTY terminates the Agreement, COUNTY shall pay
SUBGRANTEE for documented committed eligible costs. The County Administrator is
authorized to terminate this Agreement on behalf of the COUNTY pursuant to this Section
upon his or her determination that termination is in the best interests of the COUNTY and
the PROGRAM.
9.6 All requests for amendments to this Agreement must be submitted in writing to the
Director of the Community Development Division no less than ninety (90) days prior to the
termination date of the Agreement.
9.7 If, in the opinion of the Division Director, SUBGRANTEE has violated the terms of
this Agreement, the Division Director may bring the matter before the County Administrator
for consideration.
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• ARTICLE 10 - NOTICES
Whenever either party desires to give notice unto the..other, such notice must be in
writing, sent by certified United States mail, return receipt requested, addressed to the party
for whom it is intended, at the place last specified, and the place for giving of notice shall
remain such until it shall have been changed by written notice in compliance with the
provisions of this paragraph. For the present, the parties designate the following as the
respective places for giving of notice, to-wit:
FOR COUNTY:
Ray Lubomski, Director
Broward County Community Development Division
115 South Andrews Avenue, Room 318 —
Fort Lauderdale, Florida 33301
FOR SUBGRANTEE:
Ivan Pato, City Manager
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach, FL 33004
ARTICLE 11 - MISCELLANEOUS
• 11.1 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT. SUBGRANTEE shall not unlawfully discriminate
against any person in its operations and activities or in its use or expenditure of funds in
fulfilling its obligations underthis Agreement. SUBGRANTEE shall affirmatively complywith
all applicable provisions of the Americans with Disabilities Act (ADA) in the course of
providing any services funded by COUNTY, including Titles I and II of the ADA (regarding
nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and
standards. In addition, SUBGRANTEE shall take affirmative steps to ensure
nondiscrimination in employment against disabled persons. Such actions shall include, but
not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff,termination, rates of pay,otherforms of compensation,terms
and conditions of employment, training (including apprenticeship), and accessibility.
SUBGRANTEE's decisions regarding the delivery of services under this Agreement shall
be made without regard to or consideration of race, age, religion, color, gender, sexual
orientation (Broward County Code, Chapter 16Y2), national origin, marital status, physical
or mental disability, political affiliation, or any other factor which cannot be lawfully used as
a basis for service delivery. SUBGRANTEE shall not engage in or commit any
discriminatory practice in violation of the Broward County Human Rights Act (Broward
County Code, Chapter 16'/2) in performing any services pursuant to this Agreement.
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11.2 INDEPENDENT CONTRACTOR. SUBGRANTEE is an independent contractor
under this Agreement. Services provided by SUBGRANTEE shall be performed by
employees of SUBGRANTEE and subject to supervision by SUBGRANTEE, and shall not
be deemed officers, employees, or agents of COUNTY. Personnel policies, tax
responsibilities,social security and health insurance,employee benefits, purchasing policies
and other similar administrative procedures applicable to services rendered under this
Agreement shall be those of SUBGRANTEE, which policies of SUBGRANTEE shall not
conflict with COUNTY, or State of Florida policies, rules or regulations relating to the use
of CDBG Funds provided for under this Agreement.
11.3 PRIOR AGREEMENTS SUPERSEDED. This document incorporates and.includes
all prior negotiations, correspondence, conversations, agreements, and understandings
applicable to the matters contained herein; and the parties agree that there are no
commitments, agreements, or understandings concerning the subject matter of this
Agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representations or
agreements whether oral or written.
11.4 AMENDMENTS. COUNTY may, in its discretion, amend this Agreement to conform
with changes in federal, state, local, and/or COUNTY directives and objectives. Such
amendments shall be incorporated by written amendment as a part of this Agreement and
shall be subject to approval of the Board of County Commissioners., except the County
Administrator shall be authorized to execute amendments that change the term of the
Agreement or that change the Project, so long as the Project consists of eligible activities
under 24 C.F.R. part 570. Except for the provisions as set forth herein, no modification,
amendment or alteration in the terms or conditions contained herein shall be effective
unless contained in a written document executed with the same formality and of equal
dignity herewith. It is understood that COUNTY, as Grantee, is responsible to H.U.D. for
the administration of CDBG Funds and may consider and act upon reprogramming
recommendations as proposed by its SUBGRANTEE's or the Division after appropriate
referral to the County Administrator. In the event that COUNTY approves any modification,
amendment, or alteration to the funding allocation, SUBGRANTEE shall be notified
pursuant to Article 10 and such notification shall constitute an official amendment. The
Division Director shall be authorized to approve line item changes to the budget information
set out in Exhibit"B," provided such changes do not result in an increase in the CDBG Fund
amount in Section 4.1 of this Agreement, and Exhibit "B" attached hereto.
11.5 ASSIGNMENT. SUBGRANTEE shall not transfer or assign the performance of
services called for in this Agreement. However, this Agreement shall run to COUNTY or its
successors.
11.6 REPORTS, PLANS AND OTHER AGREEMENTS. All reports, plans, surveys,
information, documents, maps and other data procedures developed, prepared, assembled
or completed by SUBGRANTEE for the purposes of this Agreement shall become the
property of COUNTY without restriction, reservation or limitation of their use and shall be
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made available by SUBGRANTEE at anytime upon request by COUNTY or Division. Upon
completion of all work contemplated under this Agreement, copies of all of the above data
shall be delivered to the Division Director upon his/her written request.
11.7 CONFLICT OF INTEREST. SUBGRANTEEcovenantsthatnopersonwhopresently
exercises any functions or responsibilities in connection with the Project has any personal
financial interest, for one (1) year thereafter. Any possible conflicting interest on the part
of SUBGRANTEE, its employees, or agents, shall be disclosed in writing to the Division.
It shall not be deemed a conflict as long as all purchasing for consumables, capital
equipment and services are obtained in conformance with Article 3. However, this
paragraph shall be interpreted in such a manner so as not to reasonably impede the
statutory requirements that maximum opportunity to be provided for employment of and
participation of Very Low, Low, and Moderate Income residents of the Project target area.
11.8 CONFLICTS. Neither SUBGRANTEE nor its employees shall have-or hold any
continuing orfrequently recurring employment or contractual relationship that is substantially
antagonistic or incompatible with SUBGRANTEE's loyal and conscientious exercise of
judgment related to its performance under this Agreement. SUBGRANTEE agrees that
none of its employees shall, during the term of this Agreement, serve as an adverse or
hostile witness against COUNTY in any legal or administrative proceeding in which he or
she is not a party, unless compelled by court process, nor shall such persons give sworn
testimony or issue a report or writing, as an expression of his or her opinion, which is
adverse or prejudicial to the interests of COUNTY in any such pending or threatened legal
or administrative proceeding. The limitations of this section shall not preclude such persons
from representing themselves in any action or in any administrative or legal proceeding
regarding this Agreement. In the event SUBGRANTEE is permitted to utilize subcontractors
to perform any services required by this Agreement, SUBGRANTEE agrees to prohibit such
subcontractors, by written contract, from having any conflicts as within the meaning of this
section.
11.9 EXECUTION. This document shall be executed in four (4) counterparts, each of
which shall be deemed to be an original.
11.10 CHOICE OF LAW; WAIVER OF JURY TRIAL. Any controversies or legal problems
arising out of this transaction and any action involving the enforcement or interpretation of
any rights hereunder shall be submitted to the jurisdiction of the State courts of the
Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, and shall be
governed by the laws of the State of Florida. To encourage prompt and equitable resolution
of any litigation that may arise hereunder, each party hereby waives any rights it may have
to a trial by jury of any such litigation.
11.11 SEVERANCE. In the event this Agreement or a portion of this Agreement is found
by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to
be effective unless COUNTY or SUBGRANTEE elects to terminate this Agreement. An
election to terminate this Agreement based upon this provision shall be made within seven
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(7) days after the finding by the court becomes final.
11.12 LEGAL PROVISIONS DEEMED INCLUDED. Each and every provision of any law
and clause required by law to be inserted in this Agreement shall be deemed to be inserted
herein, and this Agreement shall be read and enforced as though it were included herein
and if, through mistake or otherwise, any such provision is not inserted or is not correctly
inserted, then upon application of either party this Agreement shall forthwith be amended
to make such insertion.
11.13 NO CONTINGENT FEE. SUBGRANTEE warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for
SUBGRANTEE, to solicitor secure this Agreement and that it has not paid or agreed to pay
any person, company, corporation, individual or firm, other than a bona fide employee
working solely for SUBGRANTEE any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement. For
the breach or violation of this provision, COUNTY shall have the right to terminate the
Agreement without liability at its discretion, to deduct from the contract price or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
11.14 KNOWLEDGE AND COMPLIANCE WITH APPLICABLE LAWS. SUBGRANTEE
shall keep fully informed of all Federal and State laws, all local laws, ordinances and
regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority
which, in any manner, affect work authorized under the terms of this Agreement. The
SUBGRANTEE shall at all times observe and comply with all such laws, ordinances,
regulations, orders and decrees.
11.15 PUBLIC ENTITY CRIMES ACT. SUBGRANTEE represents that the execution of this
Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes),
which essentially provides that a person or affiliate who is a contractor, consultant or other
provider and who has been placed on the convicted vendor list following a conviction for a
Public Entity Crime may not submit a bid on a contract to provide any goods or services to
COUNTY, may not submit a bid on a contract with COUNTY for the construction or repair
of a public building or public work, may not submit bids on leases of real property to
COUNTY, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with COUNTY, and may not transact any business with
COUNTY in excess of the threshold amount provided in Section 287.017, Florida Statutes,
for category two purchases for a period of 36 months from the date of being placed on the
convicted vendor list. Violation of this section shall result in termination of this Agreement
and recovery of all monies paid hereto, and may result in debarment from COUNTY's
competitive procurement activities. In addition to the foregoing, SUBGRANTEE further
represents that there has been no determination, based on an audit, that it committed an
act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has
not been formally charged with committing an act defined as a "public entity crime"
regardless of the amount of money involved or whether SUBGRANTEE.has been placed
on the convicted vendor list.
22
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• 11.16 THIRD PARTY BENEFICIARIES. Neither SUBGRANTEE nor COUNTY intend to
directly or substantially benefit a third party by this Agreement. Therefore,the parties agree
that there are no third party beneficiaries to this Agreement and that no third party shall be
entitled to assert a claim against either of them based upon this Agreement. The parties
expressly acknowledge that it is not their intent to create any rights or obligations in any
third person or entity under this Agreement.
11.17 WAIVER OF BREACH AND MATERIALITY. Failure by COUNTY to enforce any
provision of this Agreement shall not be deemed a waiver of such provision or modification
of this Agreement. No waiver shall be effective unless it is in writing and signed by the party
against whom it is asserted. A waiver of any provision of this Agreement or failure to
perform any of the terms, covenants, and conditions of this Agreement shall not be deemed
a waiver of any prior or subsequent failure to perform any term, covenant or condition of this
Agreement and shall not be construed to be a modification of the terms of this Agreement.
COUNTY and SUBGRANTEE agree that each requirement, duty, and obligation set forth -
herein is substantial and important to the formation of this Agreement and, therefore, is a
material term hereof.
11.18 JOINT PREPARATION. COUNTY and SUBGRANTEE acknowledge that they have
sought and received whatever competent advice and counsel as was necessary for them
to form a full and complete understanding of all rights and obligations underthis Agreement,
and the preparation of this Agreement has been a joint effort of COUNTY and
SUBGRANTEE and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than any other.
11.19 PRIORITY OF PROVISIONS. If there is a conflict or inconsistency between any
term, statement, requirement, or provision of any exhibit attached hereto, any document or
events referred to herein, or any document incorporated into this Agreement by reference
and a term, statement, requirement, or provision of this Agreement, the term, statement,
requirement, or provision contained in Articles 1 through 11 of this Agreement shall prevail
and be given effect. Where there is a conflict between any provision set forth within this
Agreement and a more stringent State or Federal provision which is applicable to any
services performed under this Agreement, the more stringent State or Federal provision
shall prevail.
11.20 INCORPORATION BY REFERENCE. The truth and accuracy of each,"Whereas"
clause set forth above is acknowledged by the parties. The attached Exhibits are
incorporated into and made a part of this Agreement.
11.21 USE OF TERMS. All terms and words used in this Agreement, despite the number
and gender in which used, shall be deemed to include any other gender or number as the
context or the use thereof may require. Terms such as"herein,""hereof,""hereunder," and
"hereinafter" refer to this Agreement as a whole and not to any particular sentence,
paragraph: or section where they appear, unless the context otherwise requires. Whenever
reference is made to a section of this Agreement, such reference is to the section as a
23
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05/08/02
whole, including all of the subsections and subparagraphs of such section unless the
reference is made to a particular subsection or subparagraph of such section.
11.22 CAPTIONS AND HEADINGS. Captions and headings contained in this Agreement
are for convenience and reference only and in no way define, describe, extend, or limit the
scope or intent of this Agreement, nor the intent of any provisions hereof.
11.23 SUCCESSION OF AGREEMENT. This Agreement and the rights and obligations
contained herein shall inure to the benefit of and be binding upon the parties hereto and
their respective successors and assigns, where permitted by this Agreement.
11.24 SURVIVAL. Any rights either party may have in the event it terminates this
Agreement pursuant to the terms hereof shall survive such termination.
11.25 FURTHER ASSURANCE. SUBGRANTEE and COUNTY agree to 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 it to
carry out this Agreement and give effect hereto. Accordingly,without in any manner limiting
the specific rights and obligations set forth in this Agreement, the parties declare their
intention to cooperate with each other in effecting the terms of this Agreement.
11.26 TIME IS OF THE ESSENCE. For the purposes herein, the parties agree that time
shall be of the essence of this Agreement and the representations and warranties solely
made herein are all material and of the essence of this Agreement.
11.27 WAIVER OF CLAIMS. SUBGRANTEE hereby waives any claim against COUNTY,
and its agents, servants and employees for loss of anticipated profits caused by any suit or
proceedings directly or indirectly attacking the validity of this Agreement or any part thereof,
or by any judgment of award in any suit or proceeding declaring this Agreement null, void
or voidable, delaying the same or any part thereof, from being carried out.
11.28 CUMULATIVE RIGHTS. All rights and remedies of COUNTY hereunder or at law
or in equity are cumulative and shall be in addition to any other rights and remedies
available. The exercise of any right or remedy shall not be taken to exclude or waive the
right to the exercise of any other. Failure by COUNTY to promptly exercise any of its rights
shall not operate to forfeit or be treated as a waiver of any such rights.
11.29 SPECIFIC PERFORMANCE. SUBGRANTEE agrees that in addition to all other
remedies, its obligations contained herein shall be subject to the remedy of specific
performance by appropriate action commenced in a court of proper jurisdiction.
11.30 UNCONTROLLABLE FORCES. Neither COUNTY nor SUBGRANTEE shall be
considered to be in default of this Agreement if delays in or failure of performance shall be
due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence,
the non-performing party could not avoid. The term"Uncontrollable Forces"shall mean any
24
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® 05/08/02
• event which results in the prevention or delay of performance by a party of its obligations
under this Agreement and which is beyond the reasonable control of the non-performing
party. It includes, but is not limited to fire, earthquakes, hurricanes, tornadoes, storms,
lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions.
11.31 EXECUTION AUTHORITY. The individuals executing this Agreement on behalf of
SUBGRANTEE personally warrant that they have full authority to execute this Agreement
on behalf of SUBGRANTEE for whom they are acting herein.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
25
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. 05/08/02
w IN WITNESS WHEREOF, the parties have made and executed this Agreement on
the respective dates under each signature: BROWARD COUNTY through the BROWARD
COUNTY ADMINISTRATOR, authorized to execute same by resolution of the Board of
County Commissioners, and CITY OF DANIA BEACH, signing by and through its
duly authorized to execute same.
COUNTY
WITNESSES: BROWARD COUNTY, through the
BROWARD COUNTY ADMINISTRATOR
Signature By
- Roger J. Desjarlais, County Administrator
Print Name
day of 20
Signature Approved as to form by
Office of County Attorney
Broward County, Florida
Print Name EDWARD A. DION, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Approved as to Insurance Telephone: (954) 357-7600
Requirements: Telecopier: (954) 357-7641
By:
BY
Risk Management Division Al A. DiCalvo
Assistant County Attorney
26
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• 05/08/02
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR NW
INFRASTRUCTURE TO ACQUIRED PROPERTIES IN THE AMOUNT OF $120,471
PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAMS
SUBGRANTEE
ATTEST: CITY OF A BEACH, F ORIDA
By: �4� By:
City CI Signatur
ROB= ANION, MAYOR
Print Name and Title
APPROVED AS TO LEGAL SUFFICIENCY:
By: - ILA
ity Attorney '' ager
STATE OF FLORIDA )
COUNTY OF �l SS.
• The foregoing instrument was acknowledged before me this % day of
20 , by "'- i?n , as Mcurvo of
He or she is pe sonally known to me or has
produced as identification and who di�fake an oath
i
Rdtary Public, State of lorida
ypTP��•. UNJA G.F Commission No. b/J,/)j Yi
aF ° Commission#DD0114148
Expires 8116ran i �. i?;;,/•,
Bondedth� My commission expires.
(000.432 a254) Florida Notary Ase1L,klp.....................................
#02-051.01
27
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• 05/08/02
EXHIBIT "A"
PROJECT DESCRIPTION
[Give a detailed description of the work/project to be funded by this Agreement, including
a legal description and address/boundary of the property, where applicable.]
NW Infrastructure to Acquired Properties Project
The Project is in direct association to the 28th CDBG Year NW Acquisition funding
agreement which provided for the acquisition of two properties, namely, NW 8 Avenue and
2 NW 8 Avenue. The objective of the NW Infrastructure to Acquired Properties Project is
to provide the required infrastructure for a future Community Outreach Center and parking
lot. The infrastructure includes security lighting and fencing: clearing, rock and paving for
parking lot, drainage in parking area and both sides of acquired lots, and sewer tie-ins for
future Community Outreach Center.
National Objective under 24 C.F.R. Section 570.208 (a) (1), Area Benefit Activities
28
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• 05/08/02
EXHIBIT B
COSTS/BUDGET FOR PROJECT
INSTRUCTIONS:
For each cost category (personnel, fringe, etc.) enter the proposed amount necessary to
complete the project. Please refer to Allowable Cost for H.U.D., Share of Budget, Exhibit
B (continued).
Funding Sources
Category (1) CDBG (2) (3) (4) TOTAL
A. Personnel $6,842.50 $6,842.50
B. Fringe Benefits $1,207.50 $1,207.50
C. Travel
D. Equipment
E. Supplies
F. Contractual Services
G. Construction $112,421.00 $112,421.00
H. Other
I. Totals $120,471.00 $120,471.00
29
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EXHIBIT "B"
(Continued)
BUDGET NARRATIVE
INSTRUCTIONS:
The budget narrative must be attached to this Exhibit. The budget narrative statement
should provide a detailed justification for each cost category shown on this Exhibit. The
budget narrative should identify non-CDBG resources to be utilized in financing the project.
Also, specify the costs for which funding is being requested and the costs to be covered by
non-CDBG resources.
NW Infrastructure to Acquired Properties - $120,471.00
The City of Dania Beach will provide all engineering, construction and landscaping through
our Public Works Department. The budget is as follows:
Project Number of Units Cost per Unit Total
Paving 9,OOOsf 4.15 $37,361.00
Curbing 5001f 21.75 10,875.00
Street/Security
Lighting 12 2,500.00 30,000.00
Sidewalk 1,250sf 6.50 8,125.00
Fencing 5001f 35.00 17,500.00
Drainage 1801f 42.00 7,560.00
Sewer & Water
Connection 2 500.00 1,000.00
*Labor approx., 230 man hrs 8,050.00
TOTAL $120,471.00
*Labor includes all city staff costs (engineering, construction and landscaping).
30
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• EXHIBIT $'B"
(Continued)
Allowable Cost for H.U.D. Share of Budget
Federal cost principles for grants and contracts with state and local governments are
stated in OMB Circular A-87, Cost Principles for State and Local Governments. This
document is an extensive and somewhat complicated series of principles governing the
allowability of various types of costs under federal grants and contracts. General
information concerning the cost principles is summarized below:
The following types of costs are specifically unallowable:
(A) Advertising costs other than those associated with recruitment of personnel and
the solicitation of bids for goods and services.
(B) Bad debts.
(C) Contingencies.
(D) Contribution and donations.
(E) Entertainment.
(F) Fines and penalties.
® (G) Interest.
(H) Losses on other grants or contracts.
Most other categories of cost are generally allowable under the cost principles provided
the costs are allowable and reasonable. General comments on individual cost elements
are listed below:
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 organization=s
overall employee compensation structure. The organizational 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.
31
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Travel costs consistent with established organizational policy are generally allowable. The
difference between first class and coach airfare 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 cost directly associated with the project are allowable. Prices must generally be
justified through competitive bids except for nominal purchases.
Subcontracts must be awarded on a competitive basis except in extraordinary
circumstances. The same principles applicable to individual cost principles for grantees are
generally applicable cost-reimbursement type subcontracts under grants.
Consultant agreements should include a certification by the consultant that the consultant
rate is equal to or less than the lowest rate the consultant accepts for comparable work.
Additionally the Congress has prohibited the salary component of consultant fees under
H.U.D. Grants not to exceed 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 Community
Development Compliance Officer on applicability of the Davis-Bacon Wage determination
to this 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.
32
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EXHIBIT "C"
TIMETABLE/SCHEDULE FOR PROJECT
TIMETABLE
WORK TASKS START-UP COMPLETION
Street Lighting 5/03 10/31/03
Security Lighting 5/03 10/31/03
Security Fencing 5/03 10/31/03
Clearing Rock & Paving 5/03 10/31/03
Drainage 5/03 10/31/03
Sewer-Tie-In 5/03 10/31/03
33
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® 05/08/02
EXHIBIT D
MONTHLY PROGRESS REPORT
Period Covered: to
A. Project Information Date of Report:
Agency:
Person Preparing the Report:
Title:
Signature:
Project Title and Number:
Project Start-up Date:
Project Completion Date:
Amended Completion Date:
6.1 Project Cost
Funds Expended
To Date Percentage
Total Project $ $ %
CDBG Funding $ $ %
Funding $ $ %
(Specify Source)
B.2 Declaration of Agency Budget Changes
Program Income:
Source of Program Income:
34
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• 05/08/02
B.3 Other Grant Awards
Date(s): Dollar Amount(s):
Funding Source(s):
Funding Contract Person(s):
BA Describe attempts to secure additional funding:
B.5 Percent of Protect completed to date: %
B.6 Anticipated Changes in Staffing:
1. Office Hours:
2. Resignations:
3. 'Part-time or Full-time Employee(s):
CA Brief Project Description and Protect Location (if applicable, include
homeowner's name and address,general scope of work performed, and associated
expenses .
35
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05/08/02
C. 2. Describe specific work tasks and qualified accomplishments completed this
month:
Qualified
Accomplishments
Task This Month
C.3. Describe success or problems encountered with the project:
C.4. Anticipated problems or concerns with project. Please identify technical
assistance needed and/or requested from Community Development staff.
C.S. Anticipated advertisements and/or other contractual services. If so, has
Community Development staff been advised and appropriate steps taken to assure
compliance?
C.6. If applicable, please complete the following Direct Benefit Report Form on all
program participants.
36
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05/08/02
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(Continued)
BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION
MONTHLY PROGRESS REPORT
D. Program Objectives
Projected Progress
Yearly Total / Monthly YeaTo- Supporting
Work Tasks Performance Progress Date Documentation
1 area The City will provide site
Street Lighting pictures, material invoices and
2 parcels Public Works Dept.
Security Fencing p documentation attesting to
work completion for all work
Security Lighting 2 parcels tasks listed.
Drainage 2 parcels
Sewer Tie In 1 parcel
Clearing, Rock, Paving 1 parcel
r1k/comdev3/caf#21.exh
08/31198
38
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05/08/02
EXHIBIT "E"
Board of County Commissioners
Broward County, Florida
Cccm inity Development Division
SEMMANrM
RBQMST FM PAYMEW
Camicunity Development Block Grant Program
Year Rending
Contract Period to
1. Project Name:
2. Organization: Telephone Number•
3. Billing Number:
4. Billing Period Covered:
5. % of Total Contract, Expended thru this Billing:
,6. cost Total Expenditures Expenditures Total Expenditures
Categories Up to Last Billing This Billing ' To Date
A. Administrative Costs:
Salary & Fringes: $ $ $
Other Admin Expenses:
B. Project Costs:
(List Categories)
Salary & Fringes
Contractual
Construction
Other Pri. Costs
Total Expenditures: $ $ $
(A + B)
Fluids Obligated: (By Funding Agreement) $
Balance $
Inkind:
Form 608.700 Page 1 of 2
Revised: 10/91
7. Detail of Request for Payment
(Attach Copies of Invoices, Other Applicable Documentation)
Vendor Name Invoice # Description of Service Amount
(If Applicable)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(1)
(m)
(n)
(0)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
M
(x)
(Y)
(z)
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 accor-
dance with the Hroward County approved agreement including any amendments thereto; and
that the progress of the work and services under the project agreement are satisfactory
and are consistent with the amount billed.
•
Signature and Title of Authorized Official Date
Form 608. 700
Revised: 10/9; Page 2 of 2
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