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HomeMy WebLinkAboutR-2002-051 RESOLUTION NO. 2002-051 O THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE A RESOLUTIONF C , CITY MANAGER TO PURCHASE ENGINEERING CONSULTANT SERVICES FROM CHEN AND ASSOCIATES RELATING TO THE NORTHWEST BEAUTIFICATION PHASE IV PROJECT, UNDER THE 27T"YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; PROVIDING THAT SAID SERVICES SHALL NOT EXCEED FORTY-FOUR THOUSAND ONE HUNDRED TEN DOLLARS AND NO CENTS ($44,110.00); PROVIDING FOR CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain agreement with Chen and Associates, Inc. in an amount not to exceed FORTY-FOUR THOUSAND ONE HUNDRED TEN DOLLARS AND NO CENTS ($44,110.00) for engineering services relating to the Northwest Beautification Phase IV Neighborhood Improvements Project, under the 271h Year Community Development Block Grant Program, 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 said agreement that are deemed necessary and in the best interest of the City of Dania Beach. Section 3 That all resolutions in conflict herewith be repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 23 DAY OF APRIL, 2002. � 6_'L� CR 'ERT HHUNN, JR. —R COMMISSION ER ja��_ ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES CHARLENE JO SON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN -YES ;! APPROVED AS TO FORM AND CORRECTNESS: BY: -(,rj"A "A THOMA J' ` NSBRO CITY ATTORNEY • AGREEMENT THIS IS AN AGREEMENT (the "Agreement") entered into on 7 , 2002, between: THE CITY OF DANIA BEACH FLORIDA, a municipal corporation, (the"City") and Chen and Associates (the "Consultant"). In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged, the parties agree as follows: 1. Scope of Services. The Consultant agrees to perform consultant services for the City in accordance with the scope of services described in Exhibits "A", copies of which are attached and made a part of this Agreement by this reference. The fees for these services are outlined in Exhibits "B". The City acknowledges and agrees that services will commence on May 1, 2002, and that that date is the effective date and commencement date of the services. The time schedule for the project as stipulated in Exhibits C of the funding agreements with Broward County for the CDBG 27' year NW Neighborhood Beautification Phase IV. It is also included here as Exhibit C. Its terms and scheduling obligations are incorporated into this Agreement by this reference. 2. Subcontracts. Consultant may subcontract certain items of work. It is expressly agreed by the parties, however, that the City shall approve in advance in writing any subcontractors and the fees to be paid them prior to any such subcontractor or any subconsultants proceeding with any such work. 3. Payment for Services. A. City agrees to pay Consultant for services provided by Consultant, as described in Section 1, an agreed upon amount of Forty Four Thousand One Hundred Ten Dollars ($ 44,110.00) (the "Fee"), payable in quartile increments. The Fee includes full payment, including all labor, overhead, other costs, consultant fees and profit. City agrees to reimburse Consultant for out-of-pocket costs without any administrative charges or surcharges for same. All such costs must first be disclosed to, and approved in advance by the City. Documentation as to expenditures for such costs must be submitted to City in sufficient detail to clearly evidence each such item and its cost. No travel and meal costs are reimbursable unless incurred outside of Miami-Dade, Broward and Palm Beach Counties, approved in writing in advance by the City and payable at the State of Florida reimbursement rates for state employees. B. Any necessary additional work, as determined by City, which is not • covered by the scope of work described in the attached Exhibits "A", shall not be undertaken without a written amendment to this Agreement to that effect, executed in advance by both parties. The parties agree, however, that the amounts payable for such additional work, if authorized by City, are those as prescribed in Exhibits "A". C. Consultant shall submit its invoices in the format and with supporting documentation as may be required by City. D. City shall pay Consultant for services rendered within thirty (30) calendar days from date of approval of each of Consultant's invoices by the City Manager. If any errors or omissions are discovered in any invoice, City will inform Consultant and request revised copies of all such documents. If any disagreement arises as to payment of any portion of an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring to resolve the disputed portion. E. Any invoice which is not timely paid as prescribed above will be subject to the accrual of interest at the statutory rate prescribed by applicable Florida law. 4. Indemnification of City. A. Consultant agrees to indemnify and hold harmless the City for all costs, losses and expenses including, but not limited to, damages to persons or property including, but not limited to,judgments and attorneys'fees arising out of the negligent acts, errors or omissions or the willful misconduct of the Consultant, its agents, servants or employees in the performance of services under this Agreement. If called upon by the City, the Consultant shall assume and defend not only itself, but also the City, in connection with any suit or cause of action arising out of the foregoing, and such defense shall be at no cost or expense whatsoever to the City. This indemnification does not extend to acts of third parties who or which are wholly unrelated to Consultant. The covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to Consultant's responsibility to indemnify the City. B. It is specifically understood and agreed that the consideration inuring to the Consultant for the execution of this Agreement consists of the promises, payments, covenants, rights and responsibilities contained in this Agreement. C. The execution of this Agreement by the Consultant shall obligate the Consultant to comply with the foregoing indemnification provision; however, the collateral obligation of providing insurance must be also complied with as set forth below. 5. Insurance. Consultant shall provide, pay for and maintain in force at all times during the term of this Agreement, such insurance, including professional liability i insurance, Workers' compensation insurance and comprehensive general liability insurance as stated below: A. Professional liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00) to assure the City of coverage of the indemnification 4 specified in this Agreement. B. Workers' compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law"of the State of Florida and all applicable federal laws, for the benefit of the Consultant's employees. C. Comprehensive general liability insurance; including contractual, with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury liability and property damage liability. The City is to be included as an "additional insured" with respect to any claims arising out of this Agreement. D. If Consultant hires a subcontractor for any portion of any work, then such subcontractor shall provide professional liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00). E. The Consultant shall provide the Risk Manager of the City Certificates ® of Insurance for coverages and policies required by this Agreement. All certificates shall state that the City shall be given thirty (30) days' advance notice prior to expiration or cancellation of any policy. Such policies and coverages shall not be affected by any other policy of insurance which the City may carry in its own name. 6. Assignment of Agreement. A. It is understood and agreed by both parties that this Agreement, in whole or in part, cannot be assigned, sublet or transferred by the Consultant without the prior written consent of City. The City is relying upon the apparent qualifications and expertise of James F. Thompson, P.E., Principal Engineer of the Consultant, and such person's familiarity with the City's circumstances and desires. In the event Consultant wishes to re-assign or replace such individual, the Consultant shall tender substitutes acceptable to City. In the event the City is not, for any reason or no reason at all, satisfied with such substitute, Consultant shall be considered in breach of this Agreement. Violation of the terms of this paragraph shall constitute a breach of Agreement by Consultant and City may, at its discretion, terminate this Agreement for cause and all rights, title and interest of Consultant in this Agreement shall then cease and terminate. B. The Consultant acknowledges, understands and agrees that its performance under this Agreement is contingent upon the City receiving timely services • from other consultants (the "Supporting Consultants"). The Consultant agrees to use its best efforts to coordinate its services with the services of the Supporting Consultants and further agrees that in the event the rendition of any services of any of the Supporting Consultants is delayed, such delay will not entitle the Consultant to any additional compensation or payment of any kind. Furthermore, the Consultant shall not be entitled to an increase in compensation, or be entitled to payment of any kind from the City, for - damages or expenses incurred which are direct, indirect or consequential or impact fees or other costs and lost profits of any kind including, but not limited to, costs of acceleration, inefficiency or extended overhead, arising because of any other delay, disruption, interruption, interference or hindrance from any cause.whatsoever, whether such delay, disruption or interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by the Consultant for hindrances or delays caused solely by fraud, bad faith or active malicious interference on the part of the City. The Consultant shall only be entitled to extensions of time for performance as the exclusive and sole remedy for delay. 7. Examination of Records. Consultant shall maintain books, records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Consultant shall also maintain the financial information and data used by the Consultant in the preparation of support of any claim for reimbursement for any out-of- pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Consultant will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may have application to records or documents pertaining to this Agreement and Consultant acknowledges that such laws have possible application and agrees to comply with all such laws. 8. Termination. A. Termination of Agreement for Convenience. It is expressly understood and agreed that the City may terminate this Agreement at any time for any reason or no reason at all by giving the Consultant notice by certified mail, return receipt requested, directed to the principal office of the Consultant, thirty (30) days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision, the Consultant shall be entitled to be compensated for the services rendered from the effective date of execution of the Agreement up to the termination date. Such compensation shall be based on the fee percentage of work completed, as fairly and reasonably determined by City after conferring with Consultant. B. Termination of Agreement for Cause. If City elects to terminate the Agreement for cause, City will provide Consultant five (5) days' advance written notice. If Consultant promptly cures the matter giving rise to the cause within that time, this Agreement shall continue. If not timely cured, the Agreement will stand terminated and the City will pay Consultant for work completed less any costs, expenses and damages incurred by City as a result of such termination. If a court of competent jurisdiction determines that the termination was not authorized under the circumstances then the termination shall be deemed to be a termination for convenience. 9. Ownership of Documents. All correspondence, studies, data, analyses, documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Consultant (and Consultant's independent professional subcontractors or subconsultants) pursuant to this Agreement shall become owned by and be the property of the City and the City shall consequently obtain ownership of them by any statutory common law and other reserved rights, including copyright; however, such documents are not intended or represented by Consultant to be suitable for reuse by City on extensions of the Project or on any other project. Any such reuse, modification or adaptation of such document without written verification or permission by Consultant for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant or to Consultant's independent professional subconsultants. If City alters any such documents, City will expressly acknowledge same so that no third party will be in doubt as to the creation or origination of any such document. 10. Notices. Except as provided above, whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: City: Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Thomas J. Ansbro, City Attorney Weiss, Serota, Helfman, Pastoriza & Guedes, P.A. 3107 Stirling Road, Suite 300 Dania Beach, Florida 33312 Consultant: P.E., Pfineipal Engi er Chen and Associates 5100 NW 33 Avenue Suite 250 Fort Lauderdale, FL 33309 11. Consent to Jurisdiction. The parties agree that the jurisdiction for any legal action arising out of or pertaining to this Agreement shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County, Florida, or the federal District Court a in the Southern District of the United States. Each party further agrees that venue of any action to enforce this Agreement shall be in Broward County, Florida. 12. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 13. Attorneys' Fees and Costs., If City or Consultant incurs any expense in enforcing the terms of this Agreement, whether suit is brought or not, each party shall bear its own costs and expenses including, but not limited to, court costs and reasonable attorneys' fees. 14. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 15. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement. Each such exhibit is a part of this Agreement and each is incorporated by • this reference. 16. Severability. If any provision of this Agreement or the application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected, shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 17. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement 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 of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. 18. Consultant and its employees and agents shall be and remain independent contractors and not employees of City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties to this Agreement. 19. The Consultant understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any contract, verbal or written, G made in violation of this subsection is null and void and that consequently, no money may be paid on such contract beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under this Agreement without City's written verification that the funds necessary for Consultant compensation and other necessary. expenditures are budgeted as available within the appropriate fiscal year budget. 20. Consultant warrants and represents that no elected official, officer, agent or employee of the City has a financial interest, directly or indirectly, in this Agreement or the compensation to be paid under it and, further, that no City employee who acts in the City of Dania as a "purchasing agent" as defined in Chapter 112, Florida Statutes, nor any elected or appointed officer of the City of Dania Beach, nor any spouse or child of such purchasing agent, employee or elected or appointed officer, is a partner, officer, director or proprietor of the Consultant and, further, that no such City employee, purchasing agent, City elected or appointed officer, or the spouse or child of any of them, alone or in combination, has a material interest in the Consultant. Material interest means direct or indirect ownership of more than five percent (5%) of the total assets or capital stock of the Consultant. 21. Consultant shall comply with all federal, state and City laws applicable to the Consultant services and specifically those covering Equal Opportunity Employment, the Americans With Disabilities Act ("ADA") and the South Florida Building Code. The Consultant is expected to fully comply with all provisions of all laws and the City reserves the right to verify the Consultant's compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 22. In the event of any conflict between any provisions of this Agreement and any provision in Exhibit "A", the parties agree that the provisions of this Agreement are controlling (including, but not limited to, all terms and provisions governing compensation). IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year fist above written. CITY: CITY OF DANIA BEACH, • a Florida Municipal Corporation AT1iES � PRTH,. iCHARLENE J NSON R BHU N, CITY CLERK MA S NER v . VA PA , CITY MANAGER APPROVED FOR FORM AND CORRECTNESS: Approved by City Commission: April 23, 2002 BY: "I ��, THOMAS J!ANS13RO L- CONSULTANT: Signed, sealed and delivered CH D ASSOCI in the presence of: Witnes W3 J N, P.E. Witness Print Name Title Date: STATE OF FLORIDA COUNTY OF BROWARD T for instrument was ac owle �fore me on 2002, by ' ��- 'T�^�= _ P.E as ' Chen and Associates a Florida V Ullll-J 1 T'RpTIi�V� ., ) corporation, on behalf of the corporation who i ersonall known o m or who has produced as id tification id . not take an oath. FRY PUBL C t o Flor a Type or Stamp Commissioned of Notary Public and Expiration Date: ,p,7t y Jason J McC;air W*MY Commission CCs&Wj r„,,V Expires November 16,2003 EXHIBIT 'A' ® CDBG ENGINEERING SERVICES NORTHWEST BEAUTIFICATION PROJECT— PHASE IV 1) ENGINEER'S SCOPE OF SERVICES Description of Phases, Tasks and Sub Tasks Phase I — Planning Phase Task 1: Meetings 1.1 Project Initiation Meeting: ENGINEER shall attend project initiation meeting(s) with CITY staff. At this meeting the ENGINEER will present the project contact and go over with CITY staff the phasing and points of contact for the project. 1.2 CDBG Administration Meeting(s): ENGINEER shall attend meeting(s) with CITY staff for the purpose of guaranteeing that CDBG practices are being followed for this project. 1.3 Public Involvement Meeting(s): The ENGINEER will attend public information / involvement meeting(s) with the purpose of presenting concepts and sketches and recording public concerns and interests. This • task also includes preparation of all required materials for said meetings. Task 2: Field Survey 2.1 Boundary, Topographic and Location Survey: (a) ENGINEER shall establish a control traverse and bench marks (National Geodetic Vertical Datum of 1929) at sufficient intervals to support the topographic survey and to be utilized on the design plans. (b) Locate all above ground features within the right-of-ways of the existing roads according to the following schedule, including pavement, paved swales, sidewalks, fences, light poles, handrails, storm manholes, catch basins, electric boxes, handholes, curbs, valve boxes, sanitary sewer manholes, driveway types, edges and corners, trees, overhanging trees in the R/OM/, meter boxes, centerline and crown of the roads, irrigation systems, fire hydrants and valves, overhead utilities. (c) Locate underground features of sanitary manholes, storm manholes, and catch bas pipes ins. Measure the invert elevations of i es and determine the pipe materials and size when possible. (d) Tie in any subdivision corners, lot corners and plat corners which can be located along the right-of-way lines. This will not constitute a boundary or right-of-way survey as defined in the Minimum Technical Standards for Land Surveying and Mapping. Ownership and title searches are not included. Easements will be based on information obtained from record plats. (e) Locate subsurface testhole locations, documenting northing, easting, and surface elevation. 2.2 Grant Administration Compliance Phase: ENGINEER shall work with CITY staff to coordinate the requirements of the CDBG grant administration process. Task 3: Preliminary Engineering Report 3.1 Research Phase: The ENGINEER shall perform site inspection for verifying facilities identified in the Project Manual. ENGINEER shall contact all utilities serving the project area, such as City of Dania Beach, FPL, telephone companies, cable companies, and gas companies to obtain utility maps, resolve known conflicts during design, and coordinate known relocations required for the construction of the proposed facilities. ENGINEER shall identify known potential underground conflict locations and coordinate effort for subsurface test holes from the information provided by the utility companies. 3.2 Meeting(s) with Regulatory Agency(ies): ENGINEER shall attend meeting(s) with regulatory agency(ies) for information and clarification purposes. 3.3 Preparation of Letter Report: ENGINEER will document findings of preliminary meeting, existing conditions, research and regulatory meetings into a report for review by CITY. This report will contain an assessment of options for a defined scope and cost/benefit analysis for each option. Phase II — Design Phase Task 4: Preparation of Detailed Design Drawings and Specifications 4.1 50% Design Drawings: ENGINEER will produce and submit five (5) sets of drawings to the CITY. These drawings will consist of the Existing Conditions and a conceptual design for review by the CITY and Regulatory Agencies. There will be meeting(s) for this phase with CITY staff approximately one week after submittal for review as included in Task 6.1. 4.2 90% Design Drawings: ENGINEER will produce and submit five (5) sets of drawings to the CITY. These drawings will incorporate comments received at the 50% design review. Additionally, these drawings will incorporate all the details and information necessary for the completion of the project for a final review. There will be meeting(s) for this phase with CITY staff approximately one week after submittal for review as included in Task 6.1. 4.3 Specification Review and Coordination: ENGINEER will review the City of Dania Beach's front end contract documents and provide a list of areas of concern (if any) for conflicts between the front end and any possible technical specifications. 4.4 Specification Preparation: ENGINEER will resolve any conflicts between the front end and technical specifications and will produce and submit five (5) sets of specifications to the project manager at the 90% stage. Task 5: Preparation of Quantity Takeoff and Preliminary Cost Estimate 5.1 50% Cost Estimate: ENGINEER will utilize the 50% design plans to produce a cost estimate. This estimate should be accurate to 20% of the final construction budget depending on design change comments received from CITY. 5.2 90% Cost Estimate: ENGINEER will utilize the 90% design plans to produce a cost estimate. This estimate should be accurate to 10% of the final construction budget depending on design change comments received from CITY. Task 6: Discussion of Review Comments, Preparation of Final Design and Bidding Documents 6.1 Discussion of Review Comments Meeting(s): ENGINEER will attend meeting(s) with City staff to discuss comments after the 50% and 90% submittals. 6.2 Final Design Drawing Preparation: ENGINEER will utilize the 90% plan and specification review to prepare the bid set of drawings. ENGINEER will produce thirty (30) sets of plans and specifications for bid. 6.3 Prepare Bidding Package: ENGINEER will write the bid advertisement and produce any other documents at the request of the City for the bidding of this project. Task 7: Permits 7.1 Submit Permit Applications: ENGINEER will obtain, review and complete permit applications. ENGINEER will then send applications to CITY for review, signature and check(s) for all permit all application fees. 7.2 Response to Regulatory Comments: ENGINEER will revise applications, plans, specifications or reports as per regulatory agencies' comments. Phase III — Bidding Assistance Phase Task 8: Bidding Assistance 8.1 Pre-Bid Meeting: ENGINEER will attend the Pre-Bid Meeting and will answer all questions and clarifications that are technical in nature. ® 8.2 Clarification of Bid Questions: ENGINEER will respond to all written questions requesting clarification of the technical documents for this project. 4 8.3 Bid Analysis and Review: ENGINEER will review the bid results make a recommendation for bid award. Phase IV— Construction Services and Certification Task 9: Construction Management and Inspection Services 9.1 Construction Administration Services: ENGINEER will serve as the construction administrator for this project. This will consist of daily reporting and accounting of the project. Review of contract changes, pay requests and coordination issues are all considered construction administration. 9.2 Mobilization/Demobilization Construction Inspection Services: ENGINEER will provide part-time on-site inspection services as required for less active construction periods. 9.3 Construction Inspection Services: ENGINEER will provide full-time on-site inspection services in order to certify the project at completion. Task 10: Project Closeout and Certification 10.1 Punch List and Final Acceptance: ENGINEER will meet with CITY staff to prepare a punch list. ENGINEER will walk the site with the contractor to go over the punch list until completion. 10.2 Project Certification: ENGINEER will certify the project at completion to the CITY staff and jurisdictional agencies. 10.3 Preparation of Record Drawings: ENGINEER will prepare and submit to the CITY for approval one set of the Record Project Drawings in hard and digital copies. Phase V - Reimbursable Phase Task 11: Reimbursable Fees 11.1 Printing and Blueprinting: ENGINEER shall provide all contract document reproduction during the design and construction phases of this project. All printing costs for ONLY full size blueprints will be a reimbursable item. The specifications will be printed in-house and is part of the lump sum fee. 2) OBLIGATIONS OF THE CITY A) CITY shall make available all records concerning both project areas. B) CITY shall make available all atlases for CITY owned utilities. C) CITY shall assign one project manager for purpose of review and acceptance. Notification in writing will be required should the CITY wish to change said project manager. D) CITY will make available all records for residents of said neighborhood in an effort to facilitate public information sessions. E) CITY will make space available for the holding of the above referenced public meeting(s). 3) SCHEDULE OF SERVICES Phase I (Planning) - 2 months May 1, 2002—July 1, 2002 Phase II (Design) - 2 months July 1, 2002 —Sept. 1, 2002 Phase III (Bidding Assistance) - 2 months Sept. 1, 2002 — Nov. 1, 2002 Phase IV (Const. Services and Cert.) - 3 months Nov. 1, 2002— Feb. 1, 2003 Phase V (Reimbursable) - 9 months May 1, 2002 — Feb 1, 2003 4) ENGINEER'S COMPENSATION A) Type of Payment: Phases I through IV are to be invoiced as lump sum quantities. Phase V is to be invoiced as a reimbursable quantity. • B) Compensation: Compensation is to be based on the attached cost breakdown by task of fees. 5) MISCELLANEOUS A) Automation: When requested, work products will be provided in an electronic format compatible with CITY software standards which include: • Spreadsheets: Excel 2000 • Schedules, Work Breakdown Structure: Microsoft Project 2000 • Text: Word 2000 • Design Drawings: AutoCAD 2000 • City of Dania Beach-Northwest Beautifaction-Phase IV City of Dania Beach Project# Chen and Associates Project# Chen and Associates P q0nnel Category Subcon t i C"tl Pro fa 81131 al Staffin n Proect ,R4 Senlor t#�Construi:0095junlor " Senlor ,e x 1 Ho1ii1 Rate s .. x�n '. 6t d �.r} Cgy a1$6eEnglneerx E70 Enginee 5 PP 1 !E7140sM 4 a9Br;05.Kn6peetoE60 Inspector $76 Task 1:Meetings 2 2 1 1.1 Project Initiation 2 1 1 1.2 CDBG Admin 4 4 1.3 Public Involvement 2 8 Task 1 Total 1.1-1.3 $0 $70 $840 $665 $840 $0 $0 $0 Task 2:Survey 1 2 2.1 Survey $3,000 2.2 Grants Admin so Task 2 Total 2.1-2.2 $3,000 $0 $70 $190 $0 $0 $0 Task 3:Report 2 8 8 3.1 Research 8 8 1 3.2 Regulatory Meetings 4 4 1 3.3 Prepare Letter Report Task 3 Total 3.1-3.3 $0 $70 $1,400 $1,900 $280 $0 $0 Phase I Total $3,000 140 2 310 E2 755 E7 120 Task 4:Drawings/Specs 2 10 1 4.1 50%Drawings $1,000 2 10 1 4.290%Drawings 2 4 1 4.3 Specification Review - 4 4.4 $0 $0 Specification Preparation 2D 2 Task 4 Total 4.1-4.4 $1,000 $700 $560 $2,660 $420 $0 Task 5:Cost Estimates 4 4 1 5.1 50%Cost Estimate 4 4 1 5.2 90%Cost Estimate Task 5 Total 5.1-5.2 $0 $0 $560 $760 $280 $0 $0 0 Task 6:Final Drawings 2 2 1 6.1 Review Comments Meetings 10 2 8 1 6.2 Final Drawings and Specs 2 8 1 6.3 Bid Package Preparation Task 6 Total 6.1-6.3 $0 $350 $420 $1.710 $420 $0 $0 $0 Task 7:Permits 5 1 10 7.1 Permit Applications t 10 7.2 Plan Revisions from Permits Task 7 Total 7.1-7.2 $0 $175 $140 $1,900 $0 $0 $0 Phase II Tota Ta l $1 000 ;1 225 E1 880 7 030 E1 120 sk 8:Bid ding Assist. 2 2 2 2 2 2 tPre-Bid Meeting 2 2 1 Bid Question Clarification 1 1 1 d Bid Analysis and Review Task B Total 8.1-8.3 $0 $0 $350 $475 $560 $170 $120 14 Phase 111 Total EO 5350 ;475 E560 c170 ;120 E140 Task 9:Inspection1AdmIn* 2 2 2 9.1 Construction Admin 2 10 5 9.2 Mob/Demob Inspection 20 200 60 9.3 Construction Inspection $0 $0 $0 $0 $0 $2,040 $12,720 $4,69 Task 9 Total 9.1-9.3 Task 10:Closeout 1 1 10.1 Punch List and Acceptance 1 1 10.2 Project Certification 1 1 10.3 As-Built Reproduction Task 10 Total 10.1-10.3 $0 $0 $0 $0 $0 $2 $0 $210 Phase IV Total $0 $0 €o_ b2 z95 $t2 7zo $4,900 ss Task 11:Reimburseables 11.1 Prints and Blueprinting $1,000 11.2 Meeting Materials so Task 11 Total 11.1-11.2 $1;000 $0 $0 $0 $0 $0 $0 Phase V Total Et 000 $0" 0 � ;0 Total per Task Task 1:Meetings $2 415 Task 2:Survey $3,260 Task 3:Report $3.650 Task 4:Drawings/Specs $5.340 Task 5:Cost Estimates $1,600 Task 6:Final Drawings $2,900 Task 7:Permits $2.215 Task 8:Bidding Assist. $1,815 Task 9:Inspection/Admin' $19.450 Task to:Closeout $465 Task 11:Reimburseables $1,000 Total Budget $44,110 h FLORIDA May 31, 2002 Mr. John Hernandez Municipal Associate Broward County Community Development Division 115 S. Andrews Avenue, Room 318 Fort Lauderdale, Florida 33301 RE: CITY OF DANIA BEACH NORTHWEST BEAUTIFICATION PHASE IV PROJECT, UNDER THE 27T" YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Dear Mr. Hernandez: On April 23, 2002, the Dania Beach City Commission adopted Resolution ® No. 2002-051 approving the above agreement. We are enclosing a copy of the resolution and one original of the agreement for your records. If you have any questions regarding this project, please contact Bonnie Temchuk, Assistant to the City Manager, at (954) 924-3613. Sincerely, Ch&lene Joh son City Clerk CJ/mn Enclosures Cc: Chen & Associates (Received original) "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us BID TABULATION DATE: 4/10/02 TIME: 3:15 p.m. PROJECT NAME:—ENGINEERING PROPOSALS - CDBG 27T" YR NO. VENDOR BASE BID 2 C ss , 3 PjW 6-0 cq' `ff�D(o PSO&) 4 5 6 7 8 10 11 12 13 14 15 16 BIDS OPENED BY: C&K >V& K14A-b b6Vlil nn BIDS BEING REVIEWED BY: .D01JIJl IIC,�y�C L� wlC£� REQUEST FOR PROPOSAL ENGINEERING SERVICES NORTHWEST BEAUTIFICATION- PHASE IV The City of Dania Beach is seeking Requests for Proposals to perform engineering services for the 27th Year CDBG (Community Development Block Grant) Northwest Beautification Phase IV project located in the 805.001/805.002 block group. The project consists of the following elements: permanent street closures, curbing, new parking area, excavation of parking areas and replacement with interlocking street pavers, sidewalk installation and repairs, landscaping. The engineering firm selected will be responsible for the following scope of services: • Review street closure requirements • Review existing landscaping • Review existing and new parking areas • Prepare specifications for constructions elements (in adherence to City specifications and in cooperation with the Chief Building Official) • Monitor construction and contractor performance • Submit monthly progress reports and all documents to Chief Building Official as required under the rules of:the Broward County Community Development Division .and the U.S. Department of Housing and Urban Development (HUD) • Attend all meetings of city/county government as required • Obtain all permits Requests for Proposals will be accepted until 3:00 p.m. on Wednesday, April 10, 2002 in the City Clerk's Office, 100 West Dania Beach Boulevard, and opened at 3:15 p.m. in the City Administration Conference Room. Sealed envelopes must be clearly marked: "RFP- CDBG 27th YEAR - NORTHWEST BEAUTIFICATION — PHASE IV" All RFP packages must include three (3) hardcopy proposals, one (1) in digital format, including statement of qualifications, five local references (preferably local governments) prior experience.with similar projects utilizing CDBG funds. For additional information and a copy of the grant agreement between the City of Dania Beach and Broward County, please contact: Bonnie Temchuk Assistant to the City Manager Phone: (954) 924-3613 The City Commission of the City of Dania Beach reserves the right to reject any and all RFP/bids, to waive any and all informalities or irregularities, and or reject all or any part of any RFP/bid as it may deem to be in the best interest of the citizens of the City of Dania Beach. The City of Dania Beach encourages participation by SDBE firms. /S/ Charlene Johnson, CMC City Clerk Published: 3/18/02 and 3/25/02 *For Governmental Entities AGREEMENT Between BROWARD COUNTY and The City of Dania Beach for NW Beautification Phase IV Proiect IN THE AMOUNT OF $225,884.00 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS C:\All 27Y Muni Folders\DaniaBeach27Yr\NWBeauPhaselVFA.wpd 6/14/01 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 9 5 ASSURANCES 11 6 FINANCIAL RESPONSIBILITY 16 7 INDEMNIFICATION AND INSURANCE 17 8 TERM OF AGREEMENT 17 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 CAAII 27Y Muni Folders\DaniaBeach27Yr\NWBeauPhaselVFA.wpd 6/14/01 _j_ AGREEMENT Between BROWARD COUNTY and The City of Dania Beach for NW Beautification Phase IV Project IN THE AMOUNT OF $225,884.00 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, 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. • CAA11 27Y Muni Folders\DaniaBeach27Yr\NWBeauPhaselVFA.wpd 6/14/01 _1_ 1.2 BROWARD COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM or PROGRAM means the Community Development Program applied for by 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 t 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 CFR 570, "Community Development Block Grant Regulations"; 24 CFR 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. • CAAll 27Y Muni Folders\DaniaBeach27Yr\NWBeauPhaselVFA.wpd 6114/01 -2- 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 CFR 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. • C:\AII 27Y Muni Folders\DaniaBeach27Yr\NWBeauPhaselVFA.wpd 6/14/01 -3- 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 SUB GRANTEES 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 Beautification Phase IV Project This project was submitted and approved in the 27 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 CAAll 27Y Muni Folders\DaniaBeach27Yr\NWBeauPhaseIVFA.wpd 6/14/01 -4- 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 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 GRANTEE'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: ® CAA11 27Y Muni Folders\DaniaBeach27Yr\NWBeauPhaselVFA.wpd 6/14/01 -5- 3.9.1 GRANTEE shall provide COUNTY with a copy of all contracts and correspondence between GRANTEE 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 the professional's level of effort. 3.9.2 GRANTEE shall provide COUNTY with a copy of all contracts and correspondence between GRANTEE 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 withthe: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 GRANTEE 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, GRANTEE 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 a1V 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 ® C:WII 27Y Muni Folders\DaniaBeach27Yr\NWBeauPhaseIVFA.wpd 6/14/01 -6- professional shall consider the 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: • 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 forthe 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. C:IAII 27Y Muni FolderslDaniaBeach27Yr1NWBeauPhaselVFA.wpd 6/14/01 -7- 3.10 COUNTY shall reimburse GRANTEE 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 GRANTEE has not y provided the required deliverable. 3.12 In the event GRANTEE 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 GRANTEE, COUNTY shall grant a reasonable extension of time for completion of the services without additional funding:. It shall be GRANTEE'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 GRANTEE 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 GRANTEE within thirty (30) calendar days from receipt of GRANTEE'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 GRANTEE, 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 GRANTEE's satisfactory completion of each construction phase and after COUNTY's review and approval, COUNTY shall remit to GRANTEE 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 GRANTEE agrees to meet with COUNTY at reasonable times and with reasonable notice. CAAII 27Y Muni Folders\DaniaBeach27Yr\NWBeauPhaselVFA.wpd 6/14/01 _$_ 3.17 GRANTEE 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 GRANTEE and ready for final payment no later than 365 calendar y 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. 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 Two Hundred Twentv-Five Thousand Eight Hundred Eighty Four and 00/100 Dollars ($225.884.00). 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 Ahe 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. . C:IAII 27Y Muni Folders\DaniaBeach27Yr\NWBeauPhaselVFA.wpd 6/14/01 -9- 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. 4.7 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. 4.8 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. 4.9 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. 4.10 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. 4.11 SUBGRANTEE agrees to expend the funds allocated to the Project by October 31. 2002. All funds not expended within-the term of this Agreement shall remain in the custody and control of COUNTY. 4.12 The parties hereby agree that the following events are sufficient cause for suspension of payments. Such events include but are not limited to: 4.12.1 Ineligible use of CDBG Funds; 4.12.2 Failure to comply with the work program or terms of this Agreement; • C:IAII 27Y Muni Folders\DaniaBeach27Yr\NWBeauPhaselVFA.wpd 6/14/01 _1 0_ 4.12.3 Failure to submit reports as required including a favorable audit report; and 4.12.4 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 an6construction contracts. 5.4 SUBGRANTEE agrees to comply with the provisions of 24 CFR 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 CAAll 27Y Muni Folders\DaniaBeach27Yr\NWBeauPhaseIVFA.wpd 6/14/01 -11- private gain for themselves or others, particularly those with whom they have family, business or other ties. 5.9 SUBGRANTEE agrees g ees 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 CFR 85. 5.12 SUBGRANTEE agrees to incorporate COUNTY'S Small Disadvantaged Business Enterprises Affirmative Action Program requirements covering contracts at a minimum of $150,000.00 and H.U.D. regulations for all contracts of $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 recorded mortgage and promissory note(Exhibit"F"attached hereto and made a part hereof) in favor of COUNTY, as mortgagee and a failure to use the property for the purpose(s) intended:and.pursuant to the terms of the within 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 • CAA11 27Y Muni Folders\DaniaBeach27Yr\NWBeauPhaselVFA.wpd 6/14/01 -12- 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 handled in accordance with 24 CFR 85.31 pertaining to property management; 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 CFR 85 after the SUBGRANTEE has requested disposition instructions. 5.16 In instances where there is construction work of over$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. C:\A11 27Y Muni Folders\DaniaBeach27Yr\NWBeauPhaseIVFA.wpd 6/14/01 -13- 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 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 • CAA1127Y Muni Folders\DaniaBeach27Yr\NWBeauPhaselVFA.wpd 6/14101 -14- the problem of discrimination against individuals with disabilities in such areas as employment, housing, public accommodations, education and transportation. 5.23 In accordanc e 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. (The remainder of this page is left intentionally blank.) CAA11 27Y Muni Folders\DaniaBeach27Yr1NWBeauPhaselVFA.wpd 6/14/01 -15- 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 CFR 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 and1ocatGovernments 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. 6.7 SUBGRANTEE agrees to budget and expend all CDBG Funds in accordance with the Division's "Procedures Manual for Subrecipients." CAA11 27Y Muni Folders\DaniaBeach27Yr\NWBeauPhaselVFA.wpd 6/14/01 -16- 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 c ontrol 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 CFR 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 ofthis 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 November 1. 2001, and shall end on October 31, 2002. C:WII 27Y Muni FolderslDaniaBeach27Yr1NWBeau Phase IVFA.wpd 6/14/01 -17- 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 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. r CAA1127Y Muni Folders\DaniaBeach27Yr\NWBeau Phase IVFA.wpd `� 6/14/01 -18- 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 201 South Andrews Avenue, Second Floor 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 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 CAA11 27Y Muni Folders\DaniaBeach27Yr\NWBeauPhaseIVFA.wpd 6/14/01 -19- discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16%) in performing any services pursuant to this Agreement. 11.2 INDEPENDENT CONTRAC TOR. 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 y 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. • CAAII 27Y Muni Folders\DaniaBeach27Yr\NWBeauPhaselVFA.wpd 6/14/01 _20_ 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. y 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 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 sites, 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. CAA11 27Y Muni Folders\DaniaBeach27Yr\NWBeauPhaselVFA.wpd 6/14/01 -21- 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 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 C1A1127Y Muni FolderslDaniaBeach27Yr1NVNBeauPhaselVFA.wpd 6/14/01 _22_ 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 shalf 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, covenantor 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 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. ® CAII 27Y Muni FolderslDaniaBeach27Yr1NWBeauPhaselVFA.wpd 6/14/01 _23_ 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 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. 11.2 5 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. • CAA11 27Y Muni Folders\DaniaBeach27Yr\NWBeauPhaseIVFA.wpd 6/14/01 _24_ 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. 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 SUBG.RANTEE for whom.they are acting herein. (The remainder of this page is left intentionally blank.) CAN 27Y Muni Folders\DaniaBeach27Yr\NWBeau Phase IVFA.wpd 6/14/01 -25- 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 . Co ty Commis loners, and The City of Dania Beach, signing by and through its duly authorized to execute same. COUNTY WITNESSES: BROWARD COUNTY, through the BROWA COUNTY ADMINISTRATOR n t:.r. '.i� County Administfator ~: day of ax "roved as to form by .,,,^ O Ice of County Attorney r'.-Btoward 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) 357-6968 By: , 2- B Risk M nagement Division ,tames E. Saunders III ..Assistant County Attorney CAA11 27Y Muni FolderslDaniaBeach27Yr1NWBeauPhaselVFA.wpd 6/14/01 -26- AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH, FOR NW BEAUTIFICATION PHASE IV PROJECT IN THE AMOUNT OF $225,884.00 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS CITY OF DANIA BEACH a Attest: By. Patricia A. Flury, Mayor Charlene Johnson, City Clerk t ; By: Ivan Rato, City Manager (SEAL) day of ����`��"1 . 20N . Approved As To Form And Correctness: By Thomas Ansbro, City Attorney STATE OF FLORIDA ) SS. COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this _ day of 20 , by ��° , %_ as of a governmental agen6�, on behalf of the agency. 0 or she is personally known tome�or has produced as identification and who did take an oath. �Rr N%, Linda G. Fry �CQmmisston#CC 7679w Notary Public, State of Florida ? !' < EXQ�lCS Fdfii. 16,2002 _ EONDED TWRU / -TIl;lmr,SMIDINCCO.,INC. C-IZ�� Print or type name My Commission expires:Z�G G Commission No.: -27- 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 Beautification Phase IV • Beautification of Dania Beach Boulevard from NW 101h Court west to its current closure. The remainder of sidewalk and landscaping improvements will be completed along the north and south::sides of Dania Beach Boulevard. A permanent street closure.will be constructed to include curbing and landscaping. • Charlie Will Thomas Park will be expanded into the section of NW 2nd Street between NW 81h Avenue and NW 101h Avenue. Improvements will include curbing at the east and west ends of the closure with a landscape buffer. Additional parking will also be provided on the east and west sides of NW 2nd Street pending engineering. The current paved parking areas along NW 81h • Avenue and NW 2nd Street will be excavated and replaced with interlocking street pavers. Quantifiable Objectives Sidewalk - 3,600 LF Sod - 36,000 LF Pavers - 5,850 LF Curbing - 350 LF Trees - 30 Royal Palms Project provides for a low/moderate income area benefit per CFR 570.208 (a)(1). • 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)". Category (1) CDBG (2) N/A (3) N/A (4) TOTAL A. Personnel B. Fringe Benefits C. Travel D. Equipment E. Supplies F. Contractual Services $45,116.80 $45,116.80 G. Construction $180,767.20 $180,767.20 H. Other I. Totals $225,884.00 $225,884.00 EXHIBIT "B" (Continued) BUDGET NARRATIVE INSTRUCTIONS: a 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. CDBG Funds Contractual - (Engineering Services) $45,116.80 Construction- (sidewalk repair and installation, landscaping, construction of cul-de-sacs, installation of pavers) $180,767.20 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. r (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 general ly.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. ;.��. _ -;:�:, ,,,�:,, ..�: ;�; .".�.,.. � .;a 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 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. EXHIBIT "C" TIMETABLE/SCHEDULE FOR PROJECT TIMETABLE WORK TASKS START-UP COMPLETION Advertise for Contractual Services November 1, 2001 November 30, 2001 Award Bid & Preparation of December 1, 2001 January 31, 2002 Bid Specifications Bid Advertisement February 1, 2002 February 28, 2002 Pre-Bid Conference Award of Bids March 1, 2002 March 31, 2002 Pre-construction Conference Construction & Installation April 1, 2002 August 31, 2002 Punch List Items September 1, 2002 September 30, 2002 • Finalize Work & October 1 . 2002 October 31, 2002 Letter of Substantial Completion EXHIBIT "D" MONTHLY PROGRESS REPORT Instructions: All sections must be completed. If not applicable, state N/A. 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: 8.1 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: EXHIBIT "D" (Continued) 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 Project completed to date: B.6 Anticipated Changes in Staffing: 1. Office Hours: 2. Resignations: 3. Part-time or.Full-time Employee(s): C.1 Brief Proiect Description and Project Location: EXHIBIT "D" (Continued) C. 2. Describes specific p work tasks and qualified accomplishments completed this month. Qualified L 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? EXHIBIT "D" Continued) C.6. If applicable, please complete the following Direct Benefit Report Form on all program participants ,f •0 O O 0 (q L = O .- L o %- d O a •N m L a a N 0 N V a O •_ L m m a .o N 0 d O = N 0 2 •y L O m O _ 0 •L =. O m E E Z Q Q Z a •� O V O O Z _ t4 O O v � •� 0 H c m = 0 M. 0 i O 2 U O 0 ,V t a w W CC * Z m = O :E fA .� 5' 20 c E o 3 0 _ J = 0 a d 'G N ` d E d o O v r m L c a, ai 3 a a � o L Z � 0 Y F0- e H 0 0 EXHIBIT "D" (Continued) BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION MONTHLY PROGRESS REPORT D. Program Objectives Work Tasks Projected Monthly Progress Supporting Yearly Total /, Progress Year-To- Documentation Performance Date Advertise for Contractual Services; Advertisement copies Prepare Bid Specifications 1 Bid Document Pre Bid Conference 1 Sign In Sheet Award Bid 1 Award Letter 7Pre Construction Conference Sign In Sheet Construction Notice to Proceed Ltr. Board of County Ca=issioners Broward County, Florida Carmalnity Development Division SLID(�tANI�ES REUMST FCR PAYM Nr Cacminity Development Block Grant Program Year Funding Contract Period to r 1. Project Name; 2. Organization: Telephone Ntmiber: 3. Billing Number: 4. Billing Period Covered: 5. % of Total Contract, Emended thru this Billing: 6.Catories Total Expenditures Expenditures e9 Total Expend;tures LTp to Las. Billing This Billing " To Cate ea'. Acninistrative Costs: Salary & Fringes: S $ S Other Admin Expenses: B. Project Costs: (List Categories) Salary & Frin es Contractual Construction Other Prj. Costs Total Expenditures: $ $ (A + B) $ Funds Obligated: (By Funding Agreement) , S Balance S C. 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 (If Applicable) Amount (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (1) (m) (n) (0) (p) (q) 0"r) (s) (t) (u) (v) (w) (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 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. �ture and Title of Authorized Officia'_ Date Form 608. 700 Revised: 10/91 Page 2 of 2 - - �+ av.av rni JJ!JJ I oJJJ tyrilTU,:t'L't(4tL�JING I�002i 001 10/31/2001 15:15 5547654519 CAr'"ITY DEV DIV PAGE 02102 10/3112am 15:15 9545243639 CITY CIF DANIA BEACH PAGC 91I01 ACCAD„ CERTIFICATE OF LIABILITY INSURANCE °repburm mn2eizQaz Paaeum C9 4)723-0939 (SS4)723-0942 THIS Cfirm E Is MU$ PIZAMATTIMOFINFORMAMN Risk Management A=oclate9 OULYANDCONFERSGIORGHTS UPON THE CEIMIRCATE HOLM,THIS amnPICATe o m NoT AmzNm%lEXXTENo OR MI West Br'avard Blvd r St#460 ALTER THE COVERACQ AFFORDED BY TKe POLICIES MLOW. Pl ama=ien, R 33324 INSUP1=Re AFF.ORDIN4 CIMMMOR Qavaie Dania B Ly o [MUMk fibre s Ye+aurancd' n _ . City Of DMIA Beach Ixy, � — - _. ...._. Beach IMd Dania. FL 33004 " - - IM*me zi rKIT PG{Jcros OF"Lwsrci ucT♦2A natty H/ws aff»msGEB TO TP-M INSURED NALC-0 AE0J9 FOR THE PdJCY FW-R10D 0=rATW,NOTLIQT WANOING AWY REA11Qie`h1EAT,3fiRd1 OR COMMM OF ANY CMTRA-.T OR OTHER COCU Brt WITH Rf9PP�CT TO WHICH THIII C6Ri MCAT C MAY 8E I&6US7 oR UAY PERFAIK.THE WSURANCE AFFORDW BY THE POUCIEG DESCRIBED HMMIt IS SUBJECT TAD ALL TH9TERn,415,DoCLUMON3 Arlo GONomME OF 3ucH PTHJU&.AGGRIMTE LUM 3rONM MAY HAVE OM R=CCD 6Y PAID CLAIWA, rrPCOPUISURANfS POUCYAMM u y �r6Ct1 OMMAI.LLHI" TRAlG/Ql' 3 iD/Q QO� EAd10tOUItltf7ICE i SQO.QQ X MIA6IFRwLOL'IEfiQLwxrry 50 OABr&YAOE X. OCCUR u7n�airrraeaa�,eM i 5,00 A X mplayea can is PeW'hAIaADYYtAipN s Includec MENLAWRWATFLI9TAPA=KM PRGM=-00MftPA0a 5 T�rctud POLICY . LAC Akin A t1ABIUIY MUMD��SOi=LjurT i t APY VM AIL WWW AUT08 su1®u�ceauros SCIDLY K1U;fv 6 . HIRIVAJ09 eeeAT xWRY no►eovrnGGAlrfC3S (PrIYLLG7lr0' 5.,.,..._. .. ' C►wKi6 WVofLTiY'-:v , .t' . •7 .. .I., , ,•, A�Gtll�ie.•1 ACC�EN' ....... . . � 'AN+f urra• 61r10 Tl11{TI. _ On p 0= eUTV A Q MA=MADE �� �QO� pRsy��� s . L DOXJCTMLZ ` WrNrm I i wan�wlxpensonouao w�toYERS'WWD.n'v E1_=xAC=wT t E1 OlS60.s6.00lR1'1.1tlrf f %WVE OT1icR nes�ano,ecF eNwrn �f+rUSrON6A,o0En DO ALPROYI %r L�urS AaE�aF A iloD.000 PE 9�00 OOCIIRR � =EUM PM F,5,765.7.3. EX=S APPUCABLE TO "TLAL'rL5 MUS", GUT-OF-STATE AND MMMOL-MRi'SDICMN r:L= OMILY. COMFIU-M iOM 35 MrrMM MM 0XLT AS RESPECTS THE OP£BATMS OF VE [ITY OF DARE MAO, tEFEMIM, 277H V M COM1F UNM MVELop"Mr VUXX CHANT. C "FIan HOLDER Aoema+ALMOACor INSURUa LerTonc. CANCELLArION Rrcatu.n auv eFTSIq A$QVE osae►aularaua�es C�IId txlan LEiaRS tN6 ornuuTran aATeTNOI��eeauwc roMPaw+rnuiwDEAvoRtv►..� Brarard Cmffty board of County COWissioner-5 30 nAYswRnTvaN�r�ero�+aaseTVlcaieMoiottu.�,.roTOTH�urt�, AT-= UM HernandgZ sY1rPAIwneTnratsuoa,<p�:es �pvnaelnGeuoa�onaacuAeuJry lu South Andreas Awma OFANfIWYDUION7�c0�AiKhSA6FxiraR{�ppmgpT Port LlTddamkle, FL a3301 AMC AGCrtD 234(7i97) FAx! 765-4979 , RESOLUTION NO. 2001-222 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ® APPROVING THE 27th YEAR FUNDING AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR THE NORTHWEST BEAUTIFICATION PHASE IV PROJECT. IN THE AMOUNT OF $225,884.00, UNDER THE ' COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That certain 27th Year Funding Agreement between Broward County and the City of Dania Beach for the Northwest Beautification Phase IV Project in the amount of $225,884.00, under the-Community Development Block Grant.Program,in substantial form as Exhibit "A", attached, is approved and the appropriate city officials are directed to execute same. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to said Funding Agreement as are deemed necessary and proper for the best ® interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this resolution are hereby repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 27t� F NOVEMBER, D PATRICIA FLURY MAYOR —COMMISSIONER EST: ROLL CALL: COMMISSIONER BERTINO -YES COMMISSIONER MCELYEA - YES �tL CHARLENE OHNSON COMMISSIONER MIKES -ABSENT CITY CLERK ` VICE-MAYOR CHUNN - YES MAYOR FLURY - YES APPROVED AS TO F )� M AND CORRECTNESS: BY: �l THOMAS ,-'ANSBRO CITY ATTORNEY RESOLUTION NO. 2001-222