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HomeMy WebLinkAboutR-2000-195 RESOLUTION NO. 2000-195 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, eAPPROVING THE 26th YEAR FUNDING AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR THE SOUTHWEST NEIGHBORHOOD BEAUTIFICATION- PHASE V PROJECT IN THE AMOUNT OF $197,821.00, 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 that certain 26th Year Funding Agreement between Broward County and the City of Dania Beach for the Southwest Beautification Phase V Project in the amount of $197,821.00, under the Community Development Block Grant Program, in substantial form as Exhibit "A", attached, is approved and the appropriate city officials are directed to execute same. Section 2. That all resolutions or parts of resolutions in conflict with this resolution are hereby repealed to the extent of such conflict. Section 3. That`this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 28th DAY OF NOVEMBER, 2000. WAYOR - COM ,$SIONER ATTEST: ROLL CALL: MAYOR MCELYEA- YES VICE-MAYOR BERTINO - YES A�Zwl r�w 2, -1 COMMISSIONER ETLING -YES 'SHERYL CHAPMA COMMISSIONER CALI - YES ACTING CITY CLERK COMMISSIONER MIKES- APPROVED AS TO F RM AND CORRECTNESS: BY: r.) THOM S J. ANS RO CITY ATTORNEY RESOLUTION NO. 2000-195 Human Services Department Community Development Division ® 201 S. Andrews Avenue, 2nd Floor Fort Lauderdale, FL 33301 BROWARD COUNTY (954) 765-4910 • FAX 765-4919/765-4914 November 14, 2000 The Honorable Charles K. Mc Elyea, Mayor City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Dear Mayor Me Elyea: Subject: 261h Year CDBG Funding Agreement Enclosed are four(4) original Agreements between Broward County and the City of Dania Beach to provide funding for the Southwest Neighborhood Beautification Phase V in the amount of $197,821. Please execute all four(4) original Agreements, affix corporate seal, and return the original documents to my attention as soon as possible for processing and execution by the County Administrator. ® Append to your executed Agreement five(5) copies of the agency's certificate of insurance. Please do not incur any costs or expenses until you have received written authorization in the form of a Notice to Proceed from this office. If there are any further questions, please contact Ida L. Scott, Municipal Associate, at 765-4910 Extension 249. Sincerely, ay ALubomski, Director Attachments cc: Suzanne R. Fejes, Assistant Director Ron Bono, Community Consulting Section Manager John Hernandez, Municipal Associate kcityofdania 197821 BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS—An Equal Opportunity Employer and Provider of Services Norman Abramowitz Scott I.Cowan Suzanne N.Gunzburger Kristin D.Jacobs Ilene Lieberman Lori Nance Parrish John E. Rodstrom, Jr. Visit us on the internet:www.broward.org/wecare AGREEMENT Between BROWARD COUNTY and THE CITY OF DANIA BEACH for SOUTHWEST NEIGHBORHOOD BEAUTIFICATION PHASE V IN THE AMOUNT OF $197,821 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS ® H:yhDANIAfaMyr EXHIBIT 11 9® ® 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 5 5 ASSURANCES 7 6 FINANCIAL RESPONSIBILITY 12 7 INDEMNIFICATION 14 8 INSURANCE 14 9 TERM OF AGREEMENT 15 10 TERMINATION; DISQUALIFICATION 15 11 NOTICES 17 12 MISCELLANEOUS 17 EXHIBIT "A" Project Description EXHIBIT "B" Costs/Budget for Project EXHIBIT"C" Timetable/Schedule for Project EXHIBIT"D" Monthly Progress Report Ki hDANINJ26yr ® AGREEMENT Between BROWARD COUNTY and THE CITY OF DANIA BEACH for SOUTHWEST NEIGHBORHOOD BEAUTIFICATION PHASE V IN THE AMOUNT OF $197,821 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. H:�hDANIAfaMyr 1 1.2 BROWARD COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM or PROGRAM means the Community Development Program applied for by Broward County and awarded bythe United States Department of Housing and Urban Development as authorized pursuant to Title I, Housing and Community Development Act of 1974, Public Law 93-383, as amended. 1.3 CDBG Funds: means the Community Development Block Grant Funds;the monies given to SUBGRANTEE pursuant to the terms of this Agreement. 1.4 COUNTY: means Broward County, Florida, a political subdivision of the State of Florida. 1.5 DAVIS-BACON: means the prevailing wage rate as determined by the Secretary of Labor to be paid laborers and mechanics working on projects of Two Thousand Dollars ($2,000.00) or more. 1.6 DIVISION: means the Community Development Division of Broward County. 1.7 GRANTEE: means Broward County, Florida, as Grantee of the Broward County Community Development Block Grant Program. 1.8 H.U.D.: means the United States Department of Housing and Urban Devlopment. 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';OMB CircularA-122,"Cost Principles for Nonprofit Organizations"; and OMB Circular A-110, "Uniform Administrative Requirements." 1.11 SUBGRANTEE: means THE CITY OF DANIA BEACH, a corporate body politic of the State of Florida as subgrantee for the Project included in the Broward County Community Development Block Grant Program. ARTICLE 2 - PREAMBLE In order to establish the background, context and frame of reference for this Agreement and to generally express the objectives and intentions of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. • 2.1 Title I of the Housing and Community Development Act of 1974, P.L. 93-383, R: hDANIAfa26yr 2 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 by the Committee and the municipalities and unincorporated communities 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 benefiting low and moderate-income persons. 2.2.2 Activities which aid in the prevention or elimination of slums or blight; 2.2.3 Activities designed to meet community development needs having a particular urgency. 2.3 Under the Rules and Regulations of H.U.D., COUNTY is administrator for the Program and COUNTY is mandated to comply with various statutes, rules and regulations of the United States and the Rules and Regulations of H.U.D., as to the allocation and expenditure of funds as well as protecting the interests of certain classes of individuals who reside in Broward County, Florida. 2.4 COUNTY is mandated by H.U.D. to conduct all programs and activities relating to housing and community development in a manner which will affirmatively further fair housing. COUNTY will fund only those SUBGRANTEES who have taken steps to promote fair housing. 2.5 COUNTY is desirous of disbursing the funds to SUBGRANTEE. However, as administrator for the Program, COUNTY desires to obtain the assurances from SUBGRANTEE,and SUBGRANTEE so assures COUNTY,that SUBGRANTEE will comply with the statutes, rules and regulations of the United States, the Rules and Regulations of H.U.D., the State of Florida, and applicable codes and regulations of COUNTY relating to the Project and the Program, as a condition precedent to the release of such funds to SUBGRANTEE. 2.6 Any SUBGRANTEE found to be taking actions designed to discourage affordable housing for sale or rent within the confines of Broward COUNTY is not eligible to receive CDBG Funds. 2.7 This Agreement is subject to the availability of funds as more specifically described K: hDANIMaMyr 3 in Article IV and Article XI hereof. ARTICLE 3 - PROJECT 3.1 SUBGRANTEE agrees to provide and implement the following eligible Project: SOUTHWEST NEIGHBORHOOD BEAUTIFICATION PHASE V This proposal was submitted and approved in the 26th year process. Such Project is more specifically described and set forth in Exhibit "A" attached hereto and by this reference made a part hereof. 3.2 SUBGRANTEE agrees to implement Project and comply with the timetable set forth in Exhibit"C," attached hereto and made a part of this Agreement. Failure to maintain the implementation schedule within sixty(60)days of the checkpoints identified in the timetable shall warrant a full review by Division staff. 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 orwhen, in the Division Director's judgment, SUBGRANTEE or its contractor have violated federal guidelines and regulations,the Assurances contained in Article VII, orthe 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 K: hDANIAfaMyr 4 be based on the terms of this Agreement, comparisons of planned versus actual progress relating to Project 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 the Division, COUNTY or H.U.D. on forms approved by the Division Director. ARTICLE 4 - FUNDING AND METHOD OF PAYMENT AND PROVISIONS RELATING TO THE USE OF THE FUNDS 4.1 The maximum amount payable by COUNTY under this Agreement shall be One Hundred Ninety-Seven Thousand Eight Hundred Twenty-One and 00/100 Dollars ($197,821.00). 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 Article XIII of this Agreement has not occurred, and provided further that SUBGRANTEE complies with the procedures for invoices and payments as set forth in Article VI of this Agreement. 4.3 COUNTY shall pay SUBGRANTEE as specific consideration forthe indemnification in Article IX, 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 on the following basis: 4.4.1 SUBGRANTEE shall provide COUNTY with an executed original of any contracts or subcontracts authorizing the work to be done on the Project. 4.4.1.1 Any work or services subcontracted hereundershall be,specifi- cally authorized by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with county, state and federal guidelines and regulations must be submitted to and approved by the Division prior to the execution of any subcontract hereunder. In addition, all subcontracts shall be subject to federal, state, and county law and regulations. 4.4.1.2 None of the work or services, including but not limited to con- sultant work or services covered by this contract, shall be subcontracted or reimbursed without the prior written consent of the Division. 4.4.1.3. All purchasing for consumables, capital equipment, and R: hDANIAfaMyr 5 services shall be made by purchase order or by a written contract in conformity and in full compliance with the procedures prescribed by the Project Operations Manual, including 24 CFR 85.36, "Procurement Standards," incorporated herein by reference. All procurement transactions will be conducted in a manner providing full and open competition consistent with the standards set forth in 24 CFR 85.36. 4.4.2 SUBGRANTEE shall expend the funds within three(3)days of receipt of said funds in accordance with H.U.D. regulations. 4.4.3 SUBGRANTEE shall maintain a separate account for these funds and said funds shall not be commingled with other funds of SUBGRANTEE. 4.4.4 SUBGRANTEE shall not use these funds for any purpose other than the purpose set forth in this Agreement. 4.4.5 SUBGRANTEE shall provide COUNTY with Project budget information on the form provided for in Exhibit "B" attached hereto and made a part hereof, in conformity with the procedures prescribed by the Project Operations Manual, includ- ing OMB CircularA-122, "Cost Principles for Nonprofit Organizations,"incorporated herein by reference. 4.4.6 COUNTY agrees to make payment and reimburse all budgeted costs available under federal, state and county guidelines. Payment for travel expenses, if any, shall be made in accordance with County guidelines for travel reimbursement. 4.4.7 Request by SUBGRANTEE for payment shall be accompanied by proper documentation and shall be submitted to the Division for approval no laterthan thirty (30) days after the last date covered by the request. 4.4.8 COUNTY agrees that it shall make its best efforts to pay SUBGRANTEE within thirty (30) calendar days after proper presentation of invoices and reports approved by SUBGRANTEE director or officer and the Division director or his designee. In no event shall COUNTY provide advance funding to SUBGRANTEE or any subcontractor hereunder. 4.4.9 For purposes of this section, copies of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. Invoices shall not be honored if received by COUNTY later than sixty (60) days after expiration or termination of this Agreement except invoices for audit costs and/or impact fees which will be honored up to twelve (12) months after expiration or termination of this Agreement. H:1 hDANIAM26yr 6 4.4.10 In addition, SUBGRANTEE shall provide COUNTY with monthly progress reports as provided in Exhibit"D,"attached hereto and made a part of this Agreement. 4.4.11 SUBGRANTEE shall provide COUNTY, with documentation of leveraging which has occurred during each month. 4.5 Upon receiving the invoices, reports and other materials as described in this Article, the Division shall audit such bid awards, contracts, reports and invoices to determine whether the items invoiced have been completed and that the invoiced items are proper for payment. 4.6 Upon determination by the Division that the services or material invoiced have been received or completed, the Division shall authorize the Department to make payment to SUBGRANTEE the amount it determines, pursuant to the audit, to be payable. In the event that subcontractors of the SUBGRANTEE have not been paid for their work on the Project and/or waivers of lien have not been obtained from the subcontractors, COUNTY may, in its sole discretion, pay the subcontractors the amount due. 4.7 SUBGRANTEE shall have an adequate financial system and internal fiscal controls in accordance with H.U.D. and COUNTY requirements. 4.8 SUBGRANTEE agrees to notify the Division at least forty-eight (48) hours in advance of the date that work on the Project will be initiated in order that on-site inspections may be conducted by COUNTY. 4.9 SUBGRANTEE agrees to expend the funds allocated to the Project by October 31, 2001. All funds not expended within the term of this Agreement shall remain in the custody and control of COUNTY. 4.10 The parties hereby agree that the following events are sufficient cause for suspension of payments. Such events include but are not limited to: 4.10.1 Ineligible use of CDBG Funds; 4.10.2 Failure to comply with the work program or terms of this Agreement; 4.10.3 Failure to submit reports as required, including a favorable audit report; and 4.10.4 Submittal of incorrect or incomplete reports in any material respect. ARTICLE 5 -ASSURANCES K: hDANIAfa26yr 7 r 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 202, Executive Order 11246 and with the guidelines for applicants on equal opportunity obligations for CDBG Funds in regard to construction contracts. 5.3 SUBGRANTEE agrees to submit to the Division at least two (2) weeks prior to the actual date, written notification of all prebid and construction contracts. 5.4 SUBGRANTEE agrees to comply with the provisions of 24 CFR Part 135 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 or regulations and this Agreement shall be resolved in favor of the more restrictive guidelines or regulations. 5.6 SUBGRANTEE agrees to act in accordance with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which SUBGRANTEE receives federal financial assistance and will immediately take any measures necessary to effectuate this Agreement. If any real property or structure thereon is provided or improved with the aid of federal financial assistance extended to SUBGRANTEE, this assurance shall obligate SUBGRANTEE or, in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. 5.7 SUBGRANTEE agrees, if applicable, to inform affected persons of the benefits, policies, and procedures provided for under H.U.D. regulations. 5.8 SUBGRANTEE agrees to establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. 5.9 SUBGRANTEE agrees further that it shall be bound by the standard terms and conditions used in the Grant Agreements and such other rules,regulations or requirements as H.U.D. may reasonably impose, in addition to the aforementioned assurances provided at, or subsequent, to the execution of this Agreement, by the parties hereto. H:yhDANIAfaHyr 8 5.10 SUBGRANTEE agrees that it shall be bound by and comply with the requirements set forth in the Division's "Procedures Manual for Subrecipients". 5.11 SUBGRANTEE agrees to comply with the requirements and standards of OMB Circular A-110, "Uniform Administrative Requirements for Grant and Agreements With Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." 5.12 SUBGRANTEE agrees to incorporate COUNTY'S Small Disadvantaged Business Enterprises Affirmative Action Program requirements 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 Before entering into a lease or sublease with a third party, SUBGRA- NTEE 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. 5.14.2 Property acquired through a CDBG funded Project must be used for the original approved purpose and shall demonstrate significant material progress within eighteen (18) months of closing on such property. In the event such material progress is not evidenced or commenced within said eighteen (18) months of closing, SUBGRANTEE agrees to transfer ownership of the property acquired with CDBG Funds to COUNTY, if COUNTY so requests in writing. 5.14.3 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. 5.14.4 Real property acquired utilizing CDBG Funds used for purpose of housing construction shall be deeded to homebuyers 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. 5.14.5 Any regulations, policies, procedures, or requirements governing the acquisition, use and disposition of real property including, but not limited to, the K: hDANIAfaMyr 9 t ® Uniform Relocation and Real Property Acquisition Policies Act, shall be followed and provisions of said regulations, policies, procedures and requirements shall be met. 5.14.6 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. 5.14.7 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. 5.14.8 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 forthe originally authorized purpose shall be disposed of in the manner authorized by the Director of the Community Development Division and consistent with OMB Circular A-110 Attachment "N" 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 in partwith 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 to be paid not less than prevailing wage rates as determined by the Secretary of Labor. 5.17 SUBGRANTEE agrees that CDBG Funds shall not be used for religious activities or provided to primarily religious entities for any activities, including secular activities. 5.18 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. 5.19 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. 5.20 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. R: hDANIAM26yr 10 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,orcooperative 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 thatthe language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 5.22 SUBGRANTEE agrees to act in accordance with Section 503 and 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 in addressing the problem of discrimination against individuals with disabilities in such areas as employment, housing, public accommodations, education and transportation. 5.23 SUBGRANTEE shall comply with Title I and Title II of the Americans With Disabilities Act regarding nondiscrimination on the basis of disability in employment and in state and local government services, in the course of providing any services funded in whole or in part by Broward County. 5.24 SUBGRANTEE covenants that no person who presently exercises any functions or responsibilities in connection with the Project has any personal financial interest, direct or indirect, in the Project during their tenure or for one (1) year thereafter, as provided for in 24 CFR 570.611(b), which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflicting interest shall be employed or subcontracted. Any possible conflicting interest on the part of SUBGRANTEE or its employees 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 VI. H:I hDANIMaMyr 11 ARTICLE 6 - FINANCIAL RESPONSIBILITY 6.1 SUBGRANTEE hereby 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 hereby agrees to maintain books and records in accordance with Generally Accepted Accounting Principles and properly reflect all expenditures of funds provided by COUNTY under this Agreement. 6.3 SUBGRANTEE hereby 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, receiving $5,000 or more from the COUNTY, hereby agrees to provide to COUNTY organization-wide annual financial statements prepared in accordance with Generally Accepted Accounting Principles and audited by an Independent Certified Public Accountant licensed by the State of Florida. SUBGRANTEE agrees to comply with the audit requirements of OMB Circular A-133 entitled, "Audits of States, Local Government and Non-Profit Organizations" and SFAS 116 and 117, as applicable. The financial statements shall include a statement of financial position, a statement of activities and a statement of cash flows. All grant funds from the COUNTY should be shown via explicit disclosure in the annual financial statements and/orthe accompanying notes to the financial statements. The cash match and in-kind contributions should also be shown. Such financial disclosure information and management letters, if any, shall be filed with COUNTY within ninety (90) days after the close of SUBGRANTEE'S fiscal year or expiration or termination of this Agreement. SUBGRANTEE is responsible for costs associated with the above-mentioned audit. Only costs associated with an audit of CDBG Funds shall be charged as an eligible program cost. However, any costs associated with an audit of CDBG Funds must be incurred prior to the expiration or termination of this Agreement. These costs may be charged on a direct basis or by proration or cost allocation. To ensure compliance with these auditing requirements, SUBGRANTEE should initiate the audit process prior to the end of the fiscal year. 6.5 Late submission of financial statements or management letters shall result in suspension of payment under this Agreement until the required documentation is received and accepted by COUNTY. Suspension of payment shall not excuse SUBGRANTEE from continued delivery of service, although COUNTY will pay no invoices during the period of suspension. 6.6 SUBGRANTEE. Any corrections to the financial statements requested by the COUNTY shall be made and submitted to the COUNTY within sixty (60) days after written request is received. H:�hDANIAfaMyr 12 ® 6.7 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. 6.8 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: 6.8.1 Added to funds committed to the Project by SUBGRANTEE and used proportionally to the original funding allocation to further eligible program objectives. 6.8.2 To finance the nonfederal share of the Project. 6.8.3 Only for eligible CDBG activities. 6.8.4 Returned to COUNTY upon written request of the Division. 6.9 SUBGRANTEE hereby agrees to budget and expend all CDBG Funds in ac- cordance with the Division's "Procedures Manual for Subrecipient." 6.10 COUNTY shall have the right to audit and monitor any Project income as a result of a CDBG activity. 6.11 SUBGRANTEE is required to and hereby agrees to account for program income related to Project financed in whole or part with CDBG Funds. 6.12 Any real property under the SUBGRANTEE'S control that was acquired or improved in whole or part with CDBG Funds shall be: 6.12.1 Used to meet one of the National Objectives in 24 CFR 570.208 until five (5) years after the expiration of this Agreement, and 6.12.2 Disposed of, if disposition occurs, it shall be in a manner that results in 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. 6.13 SUBGRANTEE acknowledges that this is a federally assisted Project. Failure to complete the Project in accordance with this Agreement, whether voluntarily or otherwise, constitutes a material breach of this Agreement, and any funds expended by COUNTY pursuant to this Agreement for the Project shall be repaid in full to COUNTY from nonfederal resources. SUBGRANTEE agrees that this provision shall survive the expiration or earlier termination of this Agreement. H:1 hDANIAfaMyr 13 ARTICLE 7 - INDEMNIFICATION 7.1 SUBGRANTEE shall at all times hereafter indemnify, hold harmless and, at County Attorney's option, defend or pay for an attorney selected by County Attorney to defend COUNTY, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of SUBGRANTEE, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including,without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by Contract Administrator and County Attorney, any sums due SUBGRANTEE under this Agreement may be retained by COUNTY until all of COUNTY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by COUNTY. 7.2 COUNTY gives specific consideration to SUBGRANTEE for the foregoing indemnification in Article 4 of this Agreement. ARTICLE 8 - INSURANCE ® 8.1 If SUBGRANTEE is a state agency as defined by Section 768.28, Florida Statutes, SUBGRANTEE shall furnish Contract Administrator with written verification of liability protection in accordance with state law prior to final execution of this Agreement. 8.2 If SUBGRANTEE is not a state agency as defined by Section 768.28, Florida Statutes, the following insurances are required: 8.2.1 In order to insure the indemnification obligation contained in section 6.1 above, SUBGRANTEE shall, as a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement (unless otherwise provided), the insurance coverages set forth in Sections 8.2.3 and 8.2.4, in accordance with the terms and conditions required by this Article. Each insurance policy shall clearly identify the foregoing indemnification as insured. 8.2.2 Such policy or policies shall be without any deductible amount and shall be issued by approved companies authorized to do business in the state of Florida, and having agents upon whom service of process may be made in Broward County, Florida. SUBGRANTEE shall specifically protect COUNTY and the Broward County Board of County Commissioners by naming COUNTY and the Broward County Board of County Commissioners as additional insureds under the Comprehensive General Liability Policy only. H:yhDANIAfaMyr 14 8.2.3 A Comprehensive General Liability Insurance Policy shall be provided which shall contain minimum limits of Three Hundred Thousand Dollars($300,000.00)per occurrence combined single limit for bodily injury liability and property damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 8.2.3.1 Premises and/or operations. 8.2.3.2 Independent contractors. 8.2.3.3 Products and/or Completed Operations for contracts. 8.2.3.4 Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. 8.2.3.5 Personal Injury Coverage with Employee and Contractual Exclusions removed,with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 8.2.4 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. In addition,the policy(ies)must include Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000.00) each accident. 8.2.5 SUBGRANTEE shall furnish to the Contract Administrator Certificates of Insurance or endorsements evidencing the insurance coverages specified by this Article prior to beginning performance of work under this Agreement. 8.2.6 Coverage is not to cease and is to remain in force (subject to cancellation notice) until all performance required of SUBGRANTEE*is completed. All policies must be endorsed to provide COUNTY with at least thirty (30) days' notice of cancellation and/or restriction. If any of the insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at least thirty (30) days prior to the date of their expiration. ARTICLE 9 - TERM OF AGREEMENT This Agreement commence upon execution by COUNTY and shall end on October 31, 2001. ARTICLE 10 - TERMINATION; DISQUALIFICATION 10.1 This Agreement is subject to the availability of funds. Should funds no longer be K:WANIAfaMyr 15 ® 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. 10.2 If,through any cause, SUBGRANTEE fails to commence work on the Project, asset forth in Exhibit "C", within three (3) months from the date of execution of this Agreement, or fails to fulfill in timely and proper manner its obligation 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. 10.3 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 contract shall be returned to COUNTY. ® 10.4 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. 10.5 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. 10.6 All requests for an amendment 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. 10.7 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 Committee for Community Development for consideration. In addition to those actions which may be taken by the COUNTY pursuant to the terms of this Agreement, if the Committee R: hDANIMaMyr 16 determines that a violation of this Agreement has occurred, the Committee may disqualify SUBGRANTEE from receiving CDBG Funding in the subsequent year. ARTICLE 11 - 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: Honorable Charles K. Mc Elyea, Mayor The City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Florida 33004 ARTICLE 12 - MISCELLANEOUS 12.1 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT. SUBGRANTEE shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. SUBGRANTEE 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 I1 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 K: hDANIAW6yr 17 be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16%), national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. SUBGRANTEE shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16Y2) in performing any services pursuant to this Agreement. 12.2 INDEPENDENT CONTRACTOR. SUBGRANTEE is an independent contractor under this Agreement. Services provided by SUBGRANTEE shall be performed by employees of SUBGRANTEE and subject to supervision by SUBGRANTEE, and shall not be deemed officers, employees, or agents of COUNTY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of SUBGRANTEE, which policies of SUBGRANTEE shall not conflict with COUNTY, or State of Florida policies, rules or regulations relating to the use of SHIP Funds provided for under this Agreement. 12.3 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. 12.4 AMENDMENTS. COUNTY may, in its discretion, amend this Agreement to conform with changes in federal, state, local, COUNTY and/or HOME guidelines, . 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:forthe administration of CDBG Funds and may consider and act upon reprogramming recommendations as proposed by its SUBGRANTEES or the Division after appropriate referral to the Committee. In the event that COUNTY approves any modification, amendment, or alteration to the funding allocation, SUBGRANTEE shall be notified pursuant to Article XVI 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. H:�hDANIAfaMyr 18 12.5 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. 12.6 REPORTS, PLANS AND OTHER AGREEMENTS. All reports, plans, surveys, information,documents, maps and otherdata 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. 12.7 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 consumabies, 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. 12.8 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. 12.9 EXECUTION. This document shall be executed in four (4) counterparts, each of which shall be deemed to be an original. 12.10 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 K: hDANIAfaMyr 19 Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, and shall be governed by the laws of the State of Florida. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each party hereby waives any rights it may have to a trial by jury of any such litigation. 12.11 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. 12.12 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. 12.13 NO CONTINGENT FEE. SUBGRANTEE warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for SUBGRANTEE, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for SUBGRANTEE any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, COUNTY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 12.14 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 ortribunals having jurisdiction orauthority 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. 12.15 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 H:�hDANIAfaMyr 20 not transact any business with COUNTY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, SUBGRANTEE further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether SUBGRANTEE has been placed on the convicted vendor list. 12.16 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. 12.17 WAIVER OF BREACH AND MATERIALITY. Failure by COUNTY to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. No waiver shall be effective unless it is in writing and signed by the party against whom it is asserted. A waiver of any provision of this Agreement or failure to perform any of the terms, covenants, and conditions of this Agreement shall not be deemed a waiver of any prior or subsequent failure to perform any term, covenant or condition of this Agreement and shall not be construed to be a modification of the terms of this Agreement. COUNTY and SUBGRANTEE agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. 12.18 JOINT PREPARATION. COUNTY and SUBGRANTEE acknowledge that they have sought and received whatever competent advice and counsel as was necessary for there 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. 12.19 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 12 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 R: hDANIAM26yr 21 provision shall prevail. 12.20 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. 12.21 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 orthe 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. 12.22 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. 12.23 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. 12.24 SURVIVAL. Any rights either party may have in the event it terminates this Agreement pursuant to the terms hereof shall survive such termination. 12.25 FURTHER ASSURANCE. SUBGRANTEE and COUNTY agree to execute, acknowledge, deliver, and cause to be done, executed, acknowledged, and delivered all such further documents and perform such acts as shall reasonably be requested of it to carry out this Agreement and give effect hereto. Accordingly, without in any manner limiting the specific rights and obligations set forth in this Agreement, the parties declare their intention to cooperate with each other in effecting the terms of this Agreement. 12.26 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. 12.27 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. 12.28 CUMULATIVE RIGHTS. All rights and remedies of COUNTY hereunder or at law K: hDANIAfaMyr 22 {� 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. 12.29 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. 12.30 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. 12.31 EXECUTION AUTHORITY. The individuals executing this Agreement on behalf of SUBGRANTEE personally warrant that they have full authority to execute this Agreement ® on behalf of SUBGRANTEE for whom they are acting herein. [THIS SPACE INTENTIONALLY LEFT BLANK] H:yhDANIAfaMyr 23 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through the BROWARD COUNTY ADMINISTRATOR, authorized to execute same by resolution of the Board of County Commissioners, and THE CITY OF DANIA BEACH, signing by and through its duly authorized to execute same. COUNTY WITNESSES: BROWARD COUNTY, through the. BROWARD COUNTY ADMINISTRATOR By County Administrator day of , 2000. Approved as to form by Office of County Attorney Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Approved as to Insurance Telephone: (954) 357-7600 Requirements: Telecopier: (954) 357-7641 By: By Risk Management Division Assistant County Attorney H:yhDANIAfaMyr 24 v_ AGREEMENT BETWEEN BROWARD COUNTYAND THE CITY OF DANIA BEACH FOR SOUTHWEST NEIGHBORHOOD BEAUTIFICATION PHASE V IN THE AMOUNT OF 197 821 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS WITNE ES: SUBGRANTEE - CITY of DANIA BEACH By Charles K. M yea, Mavor ATT _ _ 15_� i, llthd f December ern C apman ,2000. Acting City Clerk By: Mic el mith, City Manaqer (CORPORATE SEAL) APPRO A 0 RM & CORRECTNESS: By: Tho as Ans ro, City Attorney STATE OF FLORIDA ) SS. COUNTY OF BROWARDThe ) December instrument was acknowledged before me this llth day of 2000 by Charles K. McElyea ------------ as Mayor of -------------------------- a Florida non- profit corporation,on behalf of the corporation e r sh is ersonally known to me r has produced as identification and who di a e an oa i *otaryublic, tat o F orida Charlene Kaye Johnson print or type name Commission No.: 7 r My commission expires: CHARD NE KIYE joft0k h ry Publir,We of Fly My CVMM 12.2W3 RNWANINaMyr 25 ® EXHIBIT "A" PROJECT DESCRIPTION [Give a detailed description of the work/project to be funded by this Agreement, including a legal description of the property, where applicable.] Construction and contractual services for design, preparation of specifications, and inspection of construction. • Chester Byrd Park - Fencing, extra heavy duty with (2) double gates and (3) walk-throughs. Remove 1164 linear feet of existing fence and install same amount. ® SW 5th Ct- new and replacement sidewalk, approximately 500 square yards. ® SW 5th Ct - sidewalk removal - approximately 50 square yards. • SW 5th Ct- landscaping with 200 palm trees, pavers (350 square yards), sod & mulch. ® SW 4th St. & SW 5th St. - drainage and install six 200" french drains using perforated 15" PVC pipe with "type- c" catch basin at each end. H:1 hDAN IAfaMyr 26 EXHIBIT "B" COSTS/BUDGET FOR PROJECT INSTRUCTIONS: Foreach cost category(personnel,fringe,etc.)enterthe proposed amount necessary to complete the project. Please refer to"Allowable Cost for H.U.D., Share of Budget", Exhibit "B" (continued)". (Non-CDBG Resources) Category (1) CDBG (2) City (3) (4) TOTAL (All Sources) A. Personnel $9,216.00 $9,216.00 0 B. Fringe Benefits $3,686.00 $3,686.00 C. Travel D. Equipment E. Supplies F. Contractual $39,564.20 $39,564.20 G. Construction $158,256.80 $158,256.80 H. Other 1. Totals $197,821.00 $12,902.00 $210,723.00 H:yhDANIAfaMyr 27 ® EXHIBIT "B" (Continued) BUDGET NARRATIVE INSTRUCTIONS: The budget narrative must be attached to this Exhibit. The budget narrative statement should provide a detailed justification for each cost category shown on this Exhibit. The budget narrative should identify non-CDBG resources to be utilized in financing the project. Also, specify the costs for which funding is being requested and the costs to be covered by non-CDBG resources. CDBG Funds: Construction - (sidewalk repair and installation, mobilization, maintenance of traffic, payment and performance bond, landscaping, drainage, fencing.) $158,256.80 Contractual - (engineering & design services) ® $39,564.20 In-Kind Funds: Project Supervision - (personnel, fringe benefits) $12,902.00 Project Total: $210,723.00 K: hDANIMaMyr 28 ® 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. 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. © Contingencies. (D) Contribution and donations. ® (E) Entertainment. (F) Fines and penalties. (G) Interest. (H) Losses on other grants or contracts. Most other categories of cost are generally allowable under the cost principles provided the costs are allowable and reasonable. General comments on individual cost elements are listed below: Salary costs are generally allowable provided they are based on actual current salaries adjusted for any anticipated cost-of-living or merit increases during the grant period. Salary costs for unidentified new employees must be consistent with the organization's overall employee compensation structure. The organizational compensation policy should not change as a result of obtaining a federal grant. Fringe Benefit costs such as pay for vacations, holidays, sick leave, employee insurance, and unemployment benefits are allowable to the extent required by law or established organizational policy. H:�hDANIAfaMyr 29 ® EXHIBIT "B" (Continued) Travel costs consistentwith 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. H:1 hDANIAfaMyr 30 EXHIBIT "C" TIMETABLE/SCHEDULE FOR PROJECT TIMETABLE / WORK TASKS START-UP COMPLETION Preparation of Bid Specifications November 1, 2000 January 31,2001 Advertising of Bids and February 1, 2001 February 282W1 Pre-Bid Conference Award of Bids and Pre-construction Conference March 1, 2001 March 31, 2001 Construction and Installation April 1, 2001 August 31, 2001 Punch List Items September 1, 2001 Sept. 30, 2001 ® Finalize Work and Letter of Substantial Completion October 1, 2001 Oct. 31, 2001 H:vhDANIAfaMyr 31 EXHIBIT "D" MONTHLY PROGRESS REPORT Period Covered: to A. Project Information Date of Report: Agency: Person Preparing the Report: Title: Signature: Project Title and Number: Project Start-up Date: Project Completion Date: Amended Completion Date: BA(a) Project Cost Funds Expended To Date Percentage Total Project $ $ % CDBG Funding $ $ Funding $ $ % (Specify Source) R1 hDANIMaMyr 32 B.1(b) Declaration of Agency Budget Changes Program Income: Source of Program Income: 13.1(c) Other Grant Awards Date(s): Dollar Amount(s): Funding Source(s): Funding Contract Person(s): BA(d) Describe attempts to secure additional funding• R: hDANIAW6yr 33 B.2(a) Percent of Project completed to date: B.2(b) 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: ® C.2. Describe specific work tasks and qualified accomplishments completed this month: Qualified Accomplishments Task This Month C.3. Describe success or problems encountered with the project: K: hDANIAfaMyr 34 C.4. Anticipated problems or concerns with project Please identify technical assistance needed and/or requested from Community Development staff. C.5. Anticipated advertisements and/or other contractual services If so, has Community Development staff been advised and appropriate steps taken to assure compliance? C.6. If applicable, please complete the following Direct Benefit Report Form ® on all program participants. H:�hDANIMaMyr 35 O m u. 2 2 N L = Q O v d L = Ir cc Q� (u •(� _ a. 'N m 0 Q a. N N V 'C O •_ t c4 CL O N N d � 2 v O •N S N O m O C N L V Ca d _ d 'L. = Y .Q (D .cc N •> O E E 2 a L Z Q Q Z °- L O O O Z N .a p O C t ® _ N0 m m v O m2 p c0 = V 4.0 (D 0 o x W U C. t N •L E _ m r E o o0 o -i .a d N _ cc °' � a, E a� o a -1 = ai L N d = CL O v N d L L• a.. � L � O N cu E ® O z c CL Lii N i z yr EXHIBIT "D" (Continued) BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION MONTHLY PROGRESS REPORT D. Program Objective Work Tasks Projected Yearly Monthly Progress Year- Supporting Tot./Performance Progress To-Date Documentation Davis Bacon Wage Rate 1 Determination Bid Specifications 1 Bid Advertisement 1 Pre-Bid Conference 1 Contract Awards 1 Pre-Construction Conference 1 Pull Building Permits 1 onstruction 1 1 Contract Completion O Permits required per Dania Beach Building Inspector: Guttering/Downspout/Splash Block Installation (1 per project).........................1 • H:yhDANIAW6yr 37