HomeMy WebLinkAboutR-2003-188 28th CDBG supplemental agreement RESOLUTION NO. 2003-188
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO ACCEPT AND
EXECUTE A SUPPLEMENTAL 28T"YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT AGREEMENT IN THE AMOUNT OF $67,246.00 FOR A
NW NEIGHBORHOOD BEAUTIFICATION PHASE V PROJECT;
AUTHORIZING THE APPROPRIATION OF THE BUDGET FOR THE
AWARDED AMOUNT; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach, Florida, applied for and was awarded a 28t"
Year Community Development Block Grant (CDBG) for acquisition of two parcels in the j
Northwest community of the City; and
WHEREAS, the City was awarded $100,000.00 for the acquisition of such parcels
but the total cost of acquiring both parcels was $32,754.00; and
WHEREAS, Broward County has requested that the City enter into a separate
agreement for the remaining grant money for a NW Beautification Phase V Project in the
amount of $67,246.00,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That a supplemental 28t"Year Community Development Block Grant
(CDBG)Agreement in the amount of$67,246.00, attached as Exhibit"A", is approved and
the proper City officials are authorized to execute it.
Section 2. That upon execution of the agreement, the Finance Director is
authorized to appropriate the budget by the award amount in grant revenue and
appropriate the expenditure account.
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are repealed to the extent of such conflict.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. 2003-188
Section 4. That this resolution shall be in force and take effect immediately upon its
• passage and adoption.
PASSED AND ADOPTED on AUGUST 26T", 200 .
c
OB ANTO
MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER CHUNN- YES
COMMISSIONER FLURY-YES
(\ COMMISSIONER MIKES- YES
CHAR NE JQ NSON VICE-MAYOR MCELYEA-YES
CITY CLERK \� MAYOR ANTON - YES
APPROVED AS TO O M AND CORRECTNESS:
BY: ' n
T OMA J. 6N4RO
CITY A TOI {IEY
•
•
2 RESOLUTION NO. 2003-188
Agenda Request Form
a City of Dania Beach
Agenda Item•
Date of Commission meeting: 8/22/2003
Description of Agenda Item: Accept and Execute Supplemental 28th Year CDBG Agreement
Commission action being requested:
Adopt Resolution or Ordinance ® Expenditure ❑ Award BID/ RFP ❑
Presentation ❑ General approval of item ❑ Continued from meeting
Other(Pleaseexplain) �'
ram,,
Summary explanation a'ndbackground
__;,
The City of Dania Beach was awarded $100,000 for acquisition of parcels in the NW Community through
the 28th Year Community Development Block Grant (CDBG). The total cost of acquisition was $32,754.
Broward County is requesting we execute a supplemental agreement for the remaining $67,246 for
improvments to the NW Community which include 238 linear feet of drainage and 44 bullet proof street
lights to be placed on NW 1 St from the FEC railroad to Bryan Rd.
Attach 'd exhil"ndiatlditio'nal backup mat als (Please list); ;
Resolution -electronic attachment
Agreement- paper attachment
For purchasing requests ONLY
Department: Amount:
Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ® Capital: ❑
Account Name: Account Number:
Submitted by: btemchuk Date: 8/19/2003
Department Director: Bonnie Temchuk Date: 8/19/2003
Admin. Services Director: Date:
Finance Director: Patricia Varney Date: 8/19/2003
City Manager. Ivan Pato Date: 8/20/2003
COUNTY; VAR
• ���
Human Services Department
COMMUNITY DEVELOPMENT DIVISION
115 S. Andrews Avenue, Room 310 • Fort Lauderdale, Florida 33301 • 954-357-5800 • FAX 954-765-4919/765-4914
August 14, 2003
Mr. Ivan Pato, City Manager
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach, Florida 33004
Re: New CDBG Funding Agreement for the
NW Neighborhood Beautification Phase V Project
Dear Mr. Pato:
Enclosed are four (4) original CDBG funding agreements between Broward County and
• the City of Dania Beach for the referenced project in the amount of$67,246.
Please execute the four agreements and return the original said agreements to my
attention for processing and approval by the Board of County Commissioners.
Additionally, please provide an updated Certificate of Insurance showing Broward County
as certificate holder.
If you should have any questions, please contact John Hernandez, CD Specialist, of my
staff at 357-5821.
Sincerely,
Ray Lubomski, Direct
Community Development tivi�ion
Enclosures (4)
RL/J H
H:\City\DaniaBeach\LefterToExecuteFA.doc
•
Broward ,,County!Board of CountyCommissioners
Josephus Eggelletion,Jr. • Ben Graber•Sue Gunzburger• Kristin'
D pJacobs Ilene Lieberman ,Eon Nance Parrish •John E.Rodstrom,Jr. •Jim Scott• Diana Wasserman-Rubin
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August 28, 2003
Mr. Ray Lubomski, Director
Community Development Division
Broward County
115 South Andrews Avenue, Room 310
Fort Lauderdale, FL 33301
RE: New CDBG Funding Agreement for the NW Neighborhood Beautification
Phase V Project.
Dear Mr. Lubomski:
• Please find enclosed herewith four (4) originals of the above agreement
passed by Resolution No. 2003-188 on August 26, 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,
please contact Bonnie Temchuk, Assistant to the City Manager, at 954-924-
3613.
Sincerely,
harlene Johnson
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
AGREEMENT
Between
BROWARD COUNTY
and
THE CITY OF DANIA BEACH
for
NW NEIGHBORHOOD BEAUTIFICATION PHASE V PROJECT
IN THE AMOUNT OF $67,246
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 18
9 TERMINATION; DISQUALIFICATION 18
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)
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AGREEMENT
Between
BROWARD COUNTY
and
THE CITY OF DANIA BEACH
for
NW NEIGHBORHOOD BEAUTIFICATION PHASE V PROJECT
IN THE AMOUNT OF $67,246
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
THE CITY OF DANIA BEACH, a corporate body politic of the State of Florida,
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
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Broward 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 THE 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.
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2.1 Title I of the Housing and Community Development Act of 1974, P.L. 93-383,
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:
(i) 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.
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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
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 NEIGHBORHOOD BEAUTIFICATION PHASE V PROJECT
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
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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 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,
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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 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 consider the availability of materials,
equipment and labor, construction sequencing and scheduling,
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economic analysis of construction and operations, user safety and
maintenance requirements and energy conservation.
The Design Development Drawings/Documentation s/Documentation shall consist of
9 p 9 ,
but not be limited to, the following:
• 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
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commencement and completion of the various stages of construction and shall
be revised as required by the conditions of the Project. The Contractor shall
rplan, 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.
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.
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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.
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.
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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.
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 Sixty-
Seven Thousand Two Hundred Forty-Six and 00/100 Dollars ($67,246).
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 for the
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.
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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 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 April 30,
2004. All funds not expended within the term of this Agreement shall remain in the
custody and control of COUNTY.
4.10 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
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4.10.4 Submittal of incorrect or incomplete reports in any material respect.
• 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.
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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.
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
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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 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 benefiting 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 for the 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
Community 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
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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 prior to
utilization of CDBG Funds for payment of impact fees.
5.18 SUBGRANTEE agrees that CDBG Funds shall not be used for religious activities
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
aan 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.
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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
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.
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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.
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 under the SUBGRANTEE'S control that was 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
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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 October 15, 2003, and shall
end on April 30, 2004.
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 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
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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.
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 310
Fort Lauderdale, Florida 33301
FOR SUBGRANTEE:
Mr. 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 under this Agreement. SUBGRANTEE
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shall affirmatively comply with 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, other forms 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 16Y2) in performing any services pursuant to this Agreement.
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
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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 made available by SUBGRANTEE at any time 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. SUBGRANTEE covenants that no person who
presently 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 or frequently 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
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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 (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 solicit or 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.
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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.
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
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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 under
this 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 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
Dania Beach CDBG
-24-
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 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.
Dania Beach CDBG
• -25-
• 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.)
•
Dania Beach CDBG
•
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IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature: BROWARD COUNTY through its Board
of County Commissioners, signing by and through its Mayor or Vice-Mayor, authorized
to execute same by Board action on the day of , 20 , and THE
CITY OF DANIA BEACH, signing by and through its ,
duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and By
Ex-Officio Clerk of the Diana Wasserman-Rubin, Mayor
Board of County Commissioners
Of Broward, County, Florida day of , 20
Approved as to form by
Office of County Attorney
Broward County, Florida
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
Dania Beach CDBG
-27-
AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH
FOR THE NW NEIGHBORHOOD BEAUTIFICATION PHASE V PROJECT IN THE
AMOUNT OF $67,246 PROVIDING FOR FUNDING AND ADMINISTRATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS.
SUBGRANTEE
ATTEST: CITY OF DANIA BEACH, FLORIDA
By: G
CF.ART,ENE JOHNSON, CITY CLERK ' nature
BOB ANION, MAYOR
Print Name and Title
02� day of
APPROVED AS 0 EGAL SUFFICIENCY:
By: - lV /���' V
CITY A
THQMAS,J. AgSBRO, ATTORNEY / / /
• 1\7 P , CITY MANAGER
STATE OF FLORIDA )
COUNTY OF ) SS.
The foregoin instrum nt was acknowledged before me is W day of
20 OJ, by , as of
He or she is ow o me or
hasp du d as He
and who did take an oath.
MIRIAM NASSER Notary Public, State of Florida
Notary Public, State of Florida Commission No.: .2�b a3 0;-^z
My comm. exp. duly 9,2007
Comm, No. DD 230214
My commission expires: 07�
Dania Beach CDBG
-28-
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.]
Project: NW Neighborhood Beautification Phase V
Drainage Improvements
238 Linear feet including Catch basins, drainage swales, French drains, and
landscaping along NW 8 Avenue and NW 1 Street
Street Lighting
Installation of 44 (forty-four) bullet proof street lights on NW 1 Street from the
FEC railroad west to Bryan Road
National Objective — 570.208(a)(1) Area Benefit
•
Dania Beach CDBG
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) TOTAL
A. Personnel $24,276 $24,276
B. Fringe Benefits $4,284 $4,284
C. Travel
D. Equipment
E. Supplies $38,686 $38,686
F. Contractual Services
G. Construction
H. Other
I. Totals $67,246 $67,246
Dania Beach CDBG
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.
Personnel ($24,276) and Fringe Benefits ($4,284) line item allocations will provide for
forced.labor costs associated with delivery of the Project as described in Exhibit A.
Supplies ($38,686) line item allocation will reimburse the City of Dania Beach for said
expenses deemed necessary for the Project's objectives, to include bullet proof street
lighting, drainage related, and landscaping materials.
Dania Beach CDBG
•
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.
Dania Beach CDBG
. 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 cost directly associated with the project is 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.
_ Dania Beach CDBG
EXHIBIT C
TIMETABLE/SCHEDULE FOR PROJECT
TIMETABLE
WORK TASKS START-UP COMPLETION
Drainage Improvements 10/15/03 04/30/04
Street Lighting 10/15/03 04/30/04
Dania Beach CDBG
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:
B.1 Proiect 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:
B.3 Other Grant Awards
Date(s): Dollar Amount(s):
Funding Source(s):
Funding Contract 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):
CA Brief Project Description and Project Location (if applicable, inlcude
homeowner's name and address, general scope of work performed, and
associated expenses):
• C. 2. Describe specific work tasks & 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.5. 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.
•
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EXHIBIT D
MONTHLY PROGRESS REPORT'S
PROGRAM OBJECTIVES
Work Tasks Projected Yearly Monthly Progress Supporting
Total/Performance Progress Yr-To-Date Documentation
Drainage 238 linear feet Payroll Documentation
Lighting 44 bullet proof street
lights Vendor/Sales Invoices
•
•
EXHIBIT"E"
Board of County Commissioners
Broward County,Florida
• Community Development Division
SUBGRANTEE
REQUEST FOR PAYMENT
Community Development Block Grant Program
Year Funding
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 Expenditure
• Categories Up to Last Billing This Billing To Date
Administrative Costs:
Salary& Fringes: $ $ $
Other Admin Expenses:
B. Project Costs:
(List Categories)
Salary & Fringes
Contractual
Construction
Other Prj. Costs
Total Expenditures $ $ $
(A+B)
Funds Obligated: (By Funding Agreement) $
Balance $
. C.Inkind: $ $ $
Form 608.700
Revised: 10/91,6/03
Page 1 of 2
7. Detail of Request for Payment
(Attach Copies of Invoices, Other Applicable Documentation)
Vendor Name Invoice # Description of Service
(If Applicable) ant
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(1)
(m)
(n)
(0)
•(p) ,
(g)
(r)
(s)
(t)
(u)
(v)
(w)
W
(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 Broward 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: 10/91