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HomeMy WebLinkAboutR-1990-012 RESOLUTION NO. 12-90 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING SECOND AGREEMENT BETWEEN CITY OF DANIA AND BROWARD COUNTY FOR PARK PROJECT IN THE AMOUNT OF $45, 000 . 00 ; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That that certain Second Agreement between the City of Dania and Broward County, Florida, for Park Project in the amount of $45,000. 00, a copy of which is annexed hereto and made a part hereof as Exhibit "A" , be and the same is hereby approved and the appropriate city officials are directed to execute same . Section 2 . That this resolution shall be in force and take effect immediately upon its passage and adoption. '� { PASSED and ADOPTED this 23rd day of January 1990. 7 � MAYOR - COMMIS ONER ATTEST: CITY CLER - AUDITOR APPROVED AS TO FORM AND CORRECTNESS By '�,",/ 'f�-- a'- FRANK C. ADLER, City Attorney Resolution No. 12-90 f I SECOND AGREEMENT Between BROWARD COUNTY and CITY OF DANIA for PARK PROJECT IN THE AMOUNT OF $45, 000. 00 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS EXHIBIT "A". INDEX ARTICLE PAGE I DEFINITIONS AND IDENTIFICATIONS 2 II PREAMBLE 3 III PROJECTS 4 IV FUNDING AND METHOD OF PAYMENT 5 V PROCEDURES FOR INVOICING AND PAYMENT 5 VI IMPLEMENTATION AND TIMETABLE 6 VII ASSURANCES 7 VIII FINANCIAL RESPONSIBILITY 12 IX INDEMNIFICATION 14 X EVALUATION AND MONITORING 15 XI TERM OF AGREEMENT 15 XII TERMINATION 15 XIII SUSPENSION OF PAYMENTS 16 XIV INDEPENDENT CONTRACTOR 17 XV ALL PRIOR AGREEMENTS SUPERSEDED 17 XVI NOTICES 17 XVII AMENDMENTS; ASSIGNMENTS 18 XVIII REPORTS, PLANS AND OTHER AGREEMENTS 19 XIX CONFLICT OF INTEREST 19 XX EXECUTION 20 XXI CONSENT TO JURISDICTION 20 XXII GOVERNING LAW 20 XXIII SEVERABILITY 20 XXIV LEGAL PROVISIONS DEEMED INCLUDED 20 CAF121.Tem Rev. 8/10/89 -i- INDEX EXHIBITS PAGE EXHIBIT "A" Project(s) Description 23 EXHIBIT "B" Costs/Budget for Project(s) 24 EXHIBIT "C" Monthly Progress Report 28 1 EXHIBIT "D" Timetable/Schedule for Project(s) 32 EXHIBIT "E" 24 CFR 85 33 EXHIBIT "F" Final Accounting for Project (s) 35 EXHIBIT "G" Budget Transfer Summary Sheet 36 CAF#21.Tem Rev. 8/10/89 -ii- SECOND AGREEMENT Between BROWARD COUNTY and CITY OF DANIA for PARK PROJECT IN THE AMOUNT OF $45, 000. 00 1 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS This is a Second Agreement between: BROWARD COUNTY, a Political subdivision of the State of Florida, its successors and assigns, yrCommissionersfter rred to as "COUNTY, " through its Board of County d AND CITY OF DANIA, its successors and assigns, hereinafter referred to as "SUBGRANTEE. WHEREAS, on January 3, 1989, COUNTY and SUBGRANTEE entered into an agreement Providing administration of Community y Development for funding and Block in the amount of Forty-five Thousand Dollars rant Projects which was amended on October 3 ($45, 000. 00) dates for completion of the PROJECTS ( in order to extend the ereina as the "January 3, 1989, Agreement asamendediter referred to ) ; and WHEREAS, the January 3, 1989, Agreement as amended terminated on December 31, 1989; WHEREAS, dup F. nn T complete the PROJECT + —11-1 oeiays, SUBGRANTEE was unable to 3 1989 prior to the termination of the January Agreement as amended; WHEREAS, COUNTY and PROJECT in order to achieve SUBGRANTEE wish to continue the its completion; NOW, THEREFORE, CAF#21.Tem Rev. 8/10/89 1� 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 I DEFINITIONS AND IDENTIFICATIONS For the purposes of this Second 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 1.1 ASSURANCES: means those assurances made by SUBGRANTEE to COUNTY specifically set forth in this Second Agreement. 1.2 BROWARD COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM or PROGRAM means Community Development Program applied for by Broward County and awarded by the United StatesDepartment 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 Second Agreement. 1.4 COMMITTEE : means the Committee for Community Development created pursuant to Broward County Ordinance No. 84-3. 1. 5 COUNTY: means Broward County, Florida. 1.6 DEPARTMENT: means the Finance and Administrative Services Department of Broward County, Florida. 1.7 DIVISION: means the Community Development Division of .,-_.._ c.a.uwatu Cuii1t%y. 1.8 GRANTEE: means Broward County, Florida, as Grantee of the Broward County Community Development Block Grant Program. 1.9 H.U.D. : means the United States Department of Housing and Urban Development. CAF#21.Tem Rev. 8/10/89 -2- 1. 10 PROJECT(S) : means the project or projects set forth in Article III hereof, and Exhibit "A" entitled Scope of Services and Timetable. 1.11 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. 12 SUBGRANTEE: means CITY CF DANIA, municipality as subgrantee for the Project(s) included in the Broward County Community Development Block Grant Program. 1 ARTICLE II PREAMBLE In order to establish the background, context and frame of reference for this Second 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 I essential elements of the mutual considerations upon which this Second Agreement is based. 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 by the Committee, 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(s) 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(s) would address one or more of the following three national objectives: (a) Activities benefiting low and moderate-income persons. CAF#21.Tem Rev. 8/10/89 -3- (b) Activities which aid in the prevention or elimination of slums or blight; (c) 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 fcr 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 d comply with the statutes, rules and regulations of the United States, the Rules and Regulations of H.U.D. , the j State of Florida, and applicable codes and regulations of COUNTY relating to the Project(s) 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 Second Agreement is subject to the availability of funds as more specifically described in Article IV and Article XII hereof. ARTICLE III PROJECT(S) SUBGRANTEE hereby agrees to provide and implement the following eligible Project(s) : PARK PROJECT Such Project(s) is (are) more specifically described and set forth in Exhibit "A" attached hereto and by this reference made a part hereof. CAF#21.Tem Rev. 8/10/89 -4- ARTICLE IV FUNDING AND METHOD OF PAYMENT 4 . 1 The maximum amount payable by COUNTY under this Second Agreement shall be Forty-five Thousand Dollars ($45, 000.00) . 4 .2 COUNTY agrees to reimburse SUBGRANTEE for the Project(s) expenses incurred as provided for in Exhibit "B" attached hereto, provided suspension of payment as provided for in Article XIII hereof has not occurred, and provided further that SUBGRANTEE complies with the procedures for invoices and payments as set forth in Article V herein. 1 4 .3 This Second Agreement is contingent upon the availability of COUNTY funds, as more specifically described in Article XII hereof. 4 . 4 COUNTY shall pay SUBGRANTEE as specific consideration for the indemnification of Article IX, the sum of ONE DOLLAR ($1.00) in cash, the receipt of which is hereby acknowledged by SUBGRANTEE. ARTICLE V PROCEDURES FOR INVOICING AND PAYMENT 5. 1 SUBGRANTEE, a municipality, shall invoice COUNTY monthly on the following basis: 4^ (a) SUBGRANTEE shall provide COUNTY with a certified copy of the bid awards, if necessary, authorizing the work to be done on the Project(s) . (b) SUBGRANTEE shall describe the Project(s) services it presently has. (c) SUBGRANTEE shall submit a certified copy of the Yin rrhaco nrAor antfi nrivinn ffia �crvinoc fnr crfiinfi it is invoicing. (d) If SUBGRANTEE has awarded a contract to an independent contractor to perform Project(s) 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. CAF121.Tem Rev. 8/10/89 -5- 0 (e) SUBGRANTEE administrator or his authorized representative shall certify that the work that is being invoiced has been completed. (f) In addition, SUBGRANTEE shall provide COUNTY with monthly progress reports, as provided in Exhibit "C " 5.2 Upon receiving the invoices, reports and other materials as described by Section 5. 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. 5. 3 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. 5. 4 For purposes of this section, invoices, reports and other materials as described in Section 5. 1, shall not be honored if received later than sixty (60) days after expiration or termination of this Second Agreement, except invoices for impact fees which will be honored up to twelve (12) months after expiration or termination of this Second Agreement. 5.5 SUBGRANTEE agrees to notify the Division at least forty- eight (48) hours in advance of the date that work on the Project(s) will be initiated in order that on site inspections may be conducted by COUNTY. 5. 6 SUBGRANTEE agrees to expend the funds allocated to the Project (s) by June 29, 1990. All funds not expended within the term of this Second Agreement shall remain in the custody and control of COUNTY. ARTICLE VI IMPLEMENTATION AND TIMETABLE 6.1 SUBGRANTEE agrees to implement Project(s) and comply with the timetable set forth in Exhibit "D, " attached hereto and made a part hereof. 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 CAF#21.Tem Rev. 8/10/89 -6- 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. 6.2 All specifications and plans prepared or to be used for the Project(s) shall be certified and approved by SUBGRANTEE and submitted to the Division for approval prior to advertisement or implementation as applicable. 6.3 No construction work may be undertaken without written authorization from the Division prior to SUBGRANTEE 'S issuance of a formal Notice to Proceed. I 6. 4 All change orders must receive prior approval from the Division. 6.5 At the completion of each Project, "as-built" drawings, when necessary, shall be submitted to the Division for approval prior to final payment. 6. 6 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 herein, or the provisions of this Second Agreement. ARTICLE VII ASSURANCES 7.1 SUBGRANTEE hereby 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. 7.2 SUBGRANTEE hereby agrees to submit to the Division at least two (2) weeks prior to the actual date, written notification of all prebid and construction contracts. 7.3 SUBGRANTEE hereby 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 Second Agreement shall be resolved in favor of the more restrictive regulations. CAF#21.Tem Rev. 8/10/89 -7- L� I 7 . 4 SUBGRANTEE hereby 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 Second 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. 7 . 5 SUBGRANTEE hereby agrees, if applicable, to inform affected persons of the benefits, policies, and procedures provided for under H.U.D. regulations. 7 . 6 SUBGRANTEE hereby 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, i particularly those with whom they have family, business or other Lies. 7 .7 SUBGRANTEE hereby 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 Second Agreement, by the parties hereto. 7 .8 If applicable, SUBGRANTEE hereby 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. 7 .9 SUBGRANTEE hereby agrees to provide COUNTY with a certificate indicating a full description of SUBGRANTEE' S Affirmative Action Plan or Program subsequent to the execution of this Second Agreement, CAF¢21.Tem Rev. 8/10/89 -8- but prior to the commencement of any action by SUBGRANTEE in consequence of the terms and conditions hereof. 7. 10 SUBGRANTEE hereby 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. Attachment P of OMB Circular A-102 , entitled "Audit Requirements" is superseded by. OMB Circular A-128. 7. 11 If SUBGRANTEE receives $25, 000. 00 or more a year in federal grant funds, SUBGRANTEE hereby agrees to have an audit made in accordance with OMB Circular A-128, entitled "Audits of State and Local Government. " 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 and/or the accompanying notes to the financial statements. 7. 12 SUBGRANTEE hereby 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 Second Agreement. 7. 13 SUBGRANTEE hereby agrees to incorporate COUNTY'S First Source Hiring Agreement Requirement within all contracts awarded by SUBGRANTEE pursuant to this Second Agreement. 7. 14 SUBGRANTEE hereby agrees to comply with the following requirements as they relate to acquisition, lease, sublease, and disposition of real property. (a) 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. SUB- GRANTEE shall also notify the Lessor or Sublessor in writing that he/she intends to lease real property owned or controlled by Lessor or Sublessor to build the Project with CDBG Funds provided for in this Second Agreement. The written notification shall particularly describe the land, and the CAF#21.Tem Rev. 8/10/89 -9- Project, and the projected use of funds . SUBGRANTEE shall also provide Lessor or Sublessor with a copy of this Second Agreement and the Rules and Regulations of H.U.D. Any such lease or sublease shall include a provision which states that each party to the lease or sublease agrees and understands that monies expended by SUBGRANTEE are subject to the Rules and Regulations of H.U.D. , and this Second Agreement between SUBGRANTEE and COUNTY, and further that each party to the lease or sublease agrees to abide by all applicable provisions of this Second Agreement and the Rules and Regulations of H.U.D. (b) Real property acquired through a CDBG funded Project shall be used for the provision of affordable housing, construction of a neighborhood facility, utility construction or other specified and approved activities and shall demonstrate significant material progress within eighteen (18) months of closing on such property. In the event such material progress is not evidenced nor commenced within said eighteen (18) months of closing, SUBGRANTEE hereby agrees to transfer ownership of the property acquired with CDBG Funds to COUNTY, if COUNTY so requests in writing. (c) All real property transferred to COUNTY ' S ownership, as a result of the aforementioned deficiency or 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. (d) 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 Second 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. (e) Dwellings constructed (single-family or multifamily units) shall be made available for rent or purchase for no more than seventy percent (70%) of the median home sale price or rent unless written permission is received to charge otherwise. CAF#21.Tem Rev. 8/10/89 -10- (f) 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. (g) 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. (h) 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. (i) Transfers of real property acquired with or improved by use of CDBG Funds shall be accomplished by use of one of the following methods: 1. For all transfer of single family lots, SUBGRANTEE shall conduct a lottery upon notice in a newspaper of general circulation published in Broward County. Prior to conducting the lottery, SUBGRANTEE must submit to the Division for written approval the notice and a written statement of how the lottery shall be conducted. If after publication of the notice COUNTY determines that there are not enough interested persons to conduct a lottery, then SUBGRANTEE shall transfer said properties on a first-come first-served basis. 2 . For all transfers of rental properties, SUBGRANTEE shall invite proposals for transfer of said properties upon notice in a publication of general circulation published i i'i Bruwaiu Cuuiity. Prior to publishing the invitation for proposals, SUBGRANTEE shall submit to the Division for written approval the notice and a written statement of the process to be implemented for the review and selection of the best proposal. 7. 15 SUBGRANTEE hereby agrees to comply with 24 CFR 85 as it relates to the acquisition and disposition of nonexpendable personal property. 24 CFR 85 is attached hereto as Exhibit "E" and by this reference made a part hereof. CAF$21.Tem Rev. 8/10/89 -11- 7. 16 In instances where there is construction work of over $2, 000.00 financed in whole or part with CDBG Funds under this Second 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. 7. 17 In instances where SUBGRANTEE is seeking to use CDBG Funds for payment of impact fees, SUBGRANTEE must attempt to secure a waiver of such impact fees. If SUBGRANTEE is unsuccessful in obtaining a waiver, SUBGRANTEE must submit to the Division documentation reflecting SUBGRANTEE'S unsuccessful efforts prior to utilization of CDBG Funds for payment of impact fees. 7. 18 SUBGRANTEE hereby agrees that CDBG Funds shall not be used for religious activities or provided to primarily religious entities for any activities, including secular activities. 7 . 19 SUBGRANTEE hereby 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. ARTICLE VIII FINANCIAL RESPONSIBILITY 8 . 1 SUBGRANTEE hereby gives COUNTY, H.U.D. , and the Comp- troller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents relating to the Project(s) . 8 . 2 SUBGRANTEE hereby agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by COUNTY under this Second Agreement. funds 8 . 3 SUBGRANTEE hereby agrees that if it has caused any fu,iun to be expended in violation of this Second Agreement, it shall be responsible to refund such monies in full to COUNTY from nonfederal resources, or if this Second Agreement is still in force, any subsequent request for payment shall be withheld by COUNTY. CAF#21.Tem Rev. 8/10/89 -12- L_ � 8 .4 SUBGRANTEE hereby agrees and understands that all funding authorization through a CDBG shall be used only for eligible activities specifically outlined in this Second Agreement. SUBGRANTEE shall demonstrate sig- nificant material progress within the timetable in Exhibit "D, " attached hereto and by reference made a part hereof. In the event such material progress is neither evidenced nor commenced within said timetable, the CDBG Funds shall revert to COUNTY as provided in this Second Agreement and shall be issued by COUNTY at its discretion for reallocation to other eligible CDBG projects. 8. 5 Program income generated as a result of receipt of CDBG Funds shall be retained by SUBGRANTEE. Additionally, this income should be added to funds committed to the Project(s) by the SUBGRANTEE and used proportionally to the original allocation to further eligible program objectives. Expenditure of program income is subject to the conditions prescribed by H.U.D. and by the terms of this Second Agreement with Broward County. The amount of income generated by an activity in a contract period will be taken into consideration in determining the total dollars to be rewarded for a subsequent period. y . 8. 6 COUNTY shall have the right to audit and monitor any Project(s) income as a result of a CDBG activity. 8.7 SUBGRANTEE is required to and hereby agrees to account for program income related to Project(s) financed in whole or part with CDBG Funds. 8. 8 It is agreed that budget transfers in excess of a cumulative total of 5 percent from within the approved municipal Project(s) budget shall be executed in the following manner: (a) The transfer request shall originate from SUBGRANTEE and shall be forwarded to the division for processing. (b) The request shall include : a narrative justification for the proposed transfer and five (5) completed copies (with manual signatures) of the Budget Transfer Request Summary Sheet as provided in Exhibit "G. " (c) The request shall be forwarded to the Division, to the Committee for Community Development or the Budget Review Subcommittee, as appropriate, for necessary action and also to the County Commission for final approval by the Commission. CAF,f21.Tem Rev. 8/10/89 -13- (d) Delivery of an approved Summary Sheet to SUBGRANTEE does not constitute authorization to proceed. SUBGRANTEE shall consult with the division prior to incurring Project(s) costs- (e) In the event the request is denied, a copy of the Summary Sheet and the reasons for the denial shall be returned to SUBGRANTEE within two (2) working days. (f) It is agreed that it shall be the responsibility of SUBGRANTEE to keep its local citizen participation unit informed of all budget transfers, alterations, modifications and amendments. 8.9 SUBGRANTEE hereby agrees to submit to the Division 1 within thirty (30) days of the completion of each Project(s) , as set out in Article III, a complete financial accounting of all its Project(s) activities, as provided hereinafter in Exhibit "F, " attached hereto and by reference made a part hereof. 8 . 10 Any real property under the SUBGRANTEE'S control that was acquired or improved in whole or in part with CDBG Funds in excess of $25, 000.00 shall either be: (a) Used to meet one of the National Objectives in 24 CFR 570. 208 until five (5) years after expiration of this Second Agreement; or (b) Disposed of 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. ARTICLE IX INDEMNIFICATION CLAUSE 9. 1 SUBGRANTEE, to the extent allowed by law, will at all times hereafter indemnify and hold harmless, COUNTY, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained b virtue any of person or persons, corporation or property, by the performance of this Second Agreement. CAF#21.Tem Rev. 8/10/89 -14- 9.2 COUNTY gives specific consideration to SUBGRANTEE for the foregoing indemnifications in Article IV of this Second Agreement. ARTICLE X EVALUATION AND MONITORING SUBGRANTEE agrees that the Division will carry out periodic monitoring and evaluation activities as determined necessary by the Division. The continuation of this Second Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Second Agreement, comparisons of planned versus actual progress relating to Project(s) scheduling, budgets, 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. ARTICLE XI TERM OF SECOND AGREEMENT This Second Agreement shall commence on the day the Division Director provides a written Notice to Proceed for the Project(s) to SUBGRANTEE and shall terminate on June 29, 1990. ARTICLE XII TERMINATION 1 9_ 1 T_h_i a C_o_r_nnA �rtracmont i a cnhi.ni- }-n +_h_. av_ a i l_ahi l_i_*v nf funds. Should funds no longer be available, this Second 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. 12 .2 If, through any cause, SUBGRANTEE fails to commence work on the Project, as set forth in Exhibit "D, " within CAF#21.Tem Rev. 8/10/89 -15- three (3) months from the date of execution of this Second Agreement, or fails to fulfill in timely and proper manner its obligations under this Second Agreement, or if SUBGRANTEE shall violate any of the covenants, agreements, or stipulations of this Second Agreement COUNTY shall thereupon have the right to terminate this Second 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. 12.3 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 Second Agreement shall be returned to COUNTY. 12.4 Notwithstanding the above, SUBGRANTEE shall not be relieved of liability to COUNTY for damages sustained by COUNTY by virtue of any breach of this Second 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. 12.5 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 Second 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 Second Agreement, COUNTY shall pay SUBGRANTEE for documented committed eligible costs. ARTICLE XIII SUSPENSION OF PAYMENTS 13. 1 The parties hereby agree that the following events are sufficient cause for suspension of payments. Such events include but are not limited to: (a) Ineffective or improper use of CDBG Funds; (b) Failure to comply with the work program or terms of this Second Agreement; CAF#21.Tem Rev. 8/10/89 -16- (c) Failure to submit reports as required including a favorable audit report; and (d) Submittal of incorrect or incomplete reports in any material respect. ARTICLE XIV INDEPENDENT CONTRACTOR SUBGRANTEE is an independent contractor under this Second 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 Broward County. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar ad- ministrative procedures applicable to services rendered under this Second Agreement shall be those of SUBGRANTEE, which Policies of SUBGRANTEE shall not conflict with COUNTY, H.U.D. , or United States policies, rules or regulations relating to the use of CDBG Funds. ARTICLE XV ALL PRIOR AGREEMENTS SUPERSEDED This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agree- ments, or understandings concerning the subject matter of this Second 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. ADTT/ T n 1,l 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 CAF#21.Tem Rev. 8/lo/89 -17- . J present, the parties designate the following as the respective places for giving of notice, to-wit: FOR COUNTY: Theresa Gillis, Director Broward County Community Development Division Governmental Center, Room 336U 115 South Andrews Avenue Fort Lauderdale, Florida 33301 FOR SUBGRANTEE- Robert Flatley, City Manager City of Dania 100 West Dania Beach Boulevard Dania, Florida 33004 ARTICLE XVII AMENDMENTS; ASSIGNMENTS 17.1 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 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. - 17.2 COUNTY may, in its discretion, amend this Second Agreement to conform with changes in federal, state, COUNTY and/or H.U.D. guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Second Agreement and shall be subject to approval of the Board of County Commissioners. 17.3 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 shown in Section 4.1 and Exhibit "B" attached hereto. 17.4 Except for the provisions as set forth in Sections 17. 1, 17.2 and 17. 3 herein, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written CAF#21.Tem Rev. 8/10/89 -18- document executed with the same formality and of equal dignity herewith. 17. 5 SUBGRANTEE shall not transfer or assign the performance of services called for in this Second Agreement without the prior written consent of COUNTY. ARTICLE XVIII 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 Second 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 Second Agreement, copies of all of the above data shall be delivered to the Division Director upon his/her written request. ARTICLE XIX CONFLICT OF INTEREST SUBGRANTEE covenants that no person who presently exercises any functions or responsibilities in connection with the Project(s) has any personal financial interest, direct or indirect, in the Project during this tenure or for one year thereafter as provided for in 24 CFR 570. 611(b) , which would conflict in any manner or degree with the performance of this Second 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 V. However, this DaraQraoh shall ha intarnretafi in manner so as not to reasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of lower income residents of the Project(s) target area (s) . CAF#21.Tem Rev. 8/10/89 -19- 4 ARTICLE XX EXECUTION This document shall be executed in four (4) counterparts, each of which shall be deemed to be an original. ARTICLE XXI CONSENT TO JURISDICTION SUBGRANTEE hereby irrevocably submits to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of or relating to this Second Agreement, and hereby irrevocably agrees that all claims in respect to such action or proceeding may be heard and determined in such court. Each party further agrees that venue of any action to enforce this Second Agreement shall lie in Broward County. ARTICLE XXII GOVERNING LAW The parties agree this Second Agreement shall be construed in accordance with and governed by the laws of the state of Florida. ARTICLE XXIII SEVERABILITY If this Second Agreement contains any unlawful provisions not an essential part of this Second Agreement and which shall not appear to have a controlling or material inducement to the making thereof, such provisions shall be deemed of nn cff-Ct wild -haii, upon noLlce by either party, be deemed stricken from this Second Agreement without affecting the binding force of the remainder of the Second Agreement. ARTICLE XXIV LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law and clause required by law to be inserted in this Second Agreement shall be CAF#21.Tem Rev. B/10/89 -20- deemed to be inserted herein, and this Second Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise inserted or is not , any such provision is not correctly inserted, then upon application of either party this Second Agreement shall forthwith be amended to make such insertion. IN WITNESS WHEREOF, the parties hereto have made executed this Second Agreement on the respective dates uand n each signature: BROWARD COUNTY through BOARD OF COUNTY der its COMMISSIONERS, signing by and its its Chairman, authorized to execute same by Board action on the of day signing by and through its and execute same. ---�_, duly authorized to f COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex- By Officio Clerk of the Board SCOTT I. COWAN, chairman Of County Commissioners of Broward County, Florida day of 19 Approved as to form by Office of County Attorney v" Broward Count JOHN J. COPELAN Florida Governmental Center, ,Suite t423ttorney 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305) 357-7600 Telecopier: (305) 357-7641 By PAMELA S. TERRANOVA Assistant County Attorney CAF#21.Tem Rev. 8/10/89 -21- I SECOND AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA FOR PARK PROJECT IN THE AMOUNT OF $45,000. 00, PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS SUBGRANTEE WITNESSES: CITY OF DANIA By Mayor-Commissioner day of 19_ ATTEST: By City Clerk City Manager day of 19_ (CORPORATE SEAL) APPROVED AS TO FORM: By City Attorney PST:lla DANICDBG.A02 1/8/90 189-061. 01 CAF#21.Tem Rev. 8/10/89 -22- EXHIBIT "A" PROJECT(S) DESCRIPTION The Park Project is the capital component of the Project IMPAC which consists of sidewalk construction/refurbishment and site improvements at a waterfront park on Northwest 14th Way. In addition this will include landscaping, installation of a walkpath, lighting and site amenities -- immovable picnic tables, benches, grills and trash cans. The specific locations of this project are outlined in Exhibit "B" under the Budget Narrative. CAF#21 .Tem —23— Rev. 8/10/89 L� 7 14TH YEAR CDBG= CITY OF DANIA PROJECTIMPAC CAPITAL`COMPONENT EXHIBIT "B" COSTS/BUDGET FOR PROJECT(S) 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 Attachment.) I (Non CDBG Resources) Category (1) CDBG (2) (3) (4) Total A. Personnel B. Fringe Benefits C. Travel D. Equipment E. Supplies F. Contractual 55000. G. Construction $40,000. H. Other I. Totals $45,000. CAF021.Tem Rev. 8/10/89 -24- I 14TH YEAR CDBG: CITY OF DANIA - PROJECT IMPAC CAPITAL 'COMPONENT EXHIBIT "B" . (Continued) Budget Narrative Instructions The budget narrative must be attached to this Exhibit. The budget narrative statement should provide a detailed justi- fication for each cost category shown on this Exhibit. Th1e budget narrative should identify non-CDBG resources to be utilized in financing the project. Also, specify the costs for which CDBG funding is being requested and the costs to be covered by non-CDBG resources . F) Contractual $5, 000 for 'engineering services to de- velop specifications for sidewalk and curbing work and complete related survey work . G) Construction $40, 000 total budget for (A) sidewalk construction and (B) site improvements at Park on N.W. 14th Way. (A) $25, 000 Sidewalks on N.W. 2nd Street ; and N.W. Sth *Ave- nue and N.W. loth Avenue between N.W. 1st Street and N.W. 2nd Street . (B) $15, 000 Site improvements at passive waterfront park located at N.W. 14th Way between N.W. 1st Street and N.W. 2nd Street in- cluding landscaping , walkpath , lighting and immovable picnic tables , benches , grills and trash cans. CAF1121 . Tem Rev. 8/10/89 -25- J EXHIBIT "B" (Continued) Allowable Cost for H.U.D. Share of Budget Federal cost principles for nonprofit organizations other than universities are stated in the Federal Procurement Regulations -at Part 15, Subpart 2. 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: i The following types of costs are specifically unallowable: (a) Advertising costs other than those associated with recruitment of personnel (b) Bad debts (c) Contingencies (d) Contributions 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 nr marit increases during the grant period. Salary costs for unidentified new employees must be consisteiit W _ - 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. CAF121.Tem Rev. 8/10/89 -26- EXHIBIT "B" (Continued) 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 organizatiorl 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 general=y be justified through competitive bids except for nominal purchases. Subcontracts must be awarded on a competitive basis except in extra- ordinary 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 to exceed $193 . 00 per day. 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. Other costs include all types of direct costs not specified above. Normally, such costs include space, telephone, utilities, printing, and other basic operating expenses. CAF#21.Tem Rev. 8/10/89 -27- 1� EXHIBIT "C" MONTHLY PROGRESS REPORT A. Project Information Date of Report: Agency• Person Preparing the Report: Title: Signature: Date 1 Project Title and Number: Project Start-up Date: Estimated Project Completion Date: B. 1. Project Cost Funds Expended Percentage to Date Total Project $ $ CDBG Funding $ $ ` Other Funding $ $ (State Source) 2. Percent of Project ComDleted to Date: CAF121.Tem Rev. 8/10/89 -28- EXHIBIT "C" (Continued) C. 1. Brief Project Description & Proiect Location I 2. Describe Specific Work Tasks and Qualified Accomplishments Completed this Month Qualified Accomplishments Task This Month t 3. Describe Success or Problems Encountered with the Project CAF#21.Tem Rev. 8/10/89 -29- EXHIBIT "C° 1Cont in a� 4. Anticipated problems or concerns with project with which the Community Development Division could assist you. 1 CAF#21.Tem Rev. 8/10/89 -30- _J C O C +� J J L, O V c 7 V y O A U J N n N Gi u � J o i L 41 - p u y H > A } F+ N w N U 0 � J C O L7 O t+ > C W fA C' WyW H rl W q U � �-I• n v F O u 7 •0 � U Or U 7. 3 O xl_ V V n u F •� ,w U J W C u n u u .y • N u J • U u � u :3 u U E n •� q 14 J N V Of� / •' , 14th YEAR CDBG: CITY OF DANIA - PARK PROJECT PROJECT IMPAC - CAPITAL COMPONENT SECOND AGREEMENT EXHIBIT TIMETABLE/SCHEDULE FOR PROJECT(S) WORK-- TASK(S) TIMETABLE START-UP COMPLETION 1 . Development of passive waterfront park on N.W. 14th Way O1/02/90 06/29/90 2 . Sidewalk refurbishment and installation on N.W. 2nd Street ; N.W. 8th Avenue and N.W. Avenue: loth A• Advertising and Award of Bid 01/02/90 02/28/90 B. Construction of sidewalk and curbing t..„ 03/01/90 06/29/90 -32- F 09:1550 EXHIBIT "El- OMB CIRCULAR A-102 ATTACH& 'IN" Arzcrr_¢':rr N-{-,�zCtiZt, 1rO.,1-102 YICes:he Federal sconsorinz azene7 a1Lh Ices A !.,Li^!stat:op. AOD:op:!ate C��• yaOfQZ a<LYAdru,Lrr sr.,,,tat13 Adequate ro to Authprop lLy, sluon SLStrlct:O= :^Jl be L"ucd to -.e 1.T`s Attachment pros tiji 3 unL'o- or,r;;enef psnalirr%.Frch Ft�<.ernl [a.1t- re<I:Vle t alter ocm Plenort Of L`.e Fod:ral lspotfl n Of a op r,trItrir the u[p iga(lon And !or Y Drc:c rite regiturements azerer7 review. V � C o riiacqui acquired Lin position of areal propertyhl CM Partly au L:orlt7 east:Lt�e to not es pend`Jte Federal Govtrn,•nnt fu aegtpred Whole Or L1 Dart onto FMeral funds Or or wholly by the FedmI Got'er.—ent. Personal D:oDcrr _whose cast aa:.charz- too Unless othene'ue % acou.td r'mh P.Oirt Ported D a project sup- such rc provided by statute• lures shall be ve:teC in :he :K:-:en: Y FMen! ['rant_ FtCe:31 gUixemenu, as a r.:.lLntum, shall upon ecgtns(ticn vlless It Is Cet<r,-[:,eC Oran W[ a;enC[3 Shall 7cgtiL'e gs,:t GS con Win the fOp Oa'Ir;: that W CJ so LS net L1 the (L'r CC.Crl ace W abselse these sWndard.a L•saCr (t) Tlae W real prOPerty shall test in Of the ob;eceve3 0: "c Faderal sconser- from the Federal Government a.1d II11 Lhe reclplan: subject W the dorm lion inn =tenet. tRter. t::!e is ve]Led�;a :: not impose additional requirement[ tin_ that the G:yn tee shall Use the real pro:)- rKrpleac the rK;u;r..c tha!1 • less seeclrlcallY required b ert7 for Cie autncr_ed pttr;ose of L:e ONtr 0011¢]L'oR Or aeCOtLlydJtllhl\'e via The ann[Ces shall be au:non;raj lav, original rant. >s lane ps nee[M. U' to -e LheLr a" proPtrt d to use Ibl I _ FcCernl GJvernment for Its use Or _nc ards and procedures as tozement stand- by L1e r ¢i3ritCe ham' obtain approval DOsltion except as provided L1 tin belo=, 4 u the pro- real ¢ -star a,m,y for the itse of the o• Other. ncnr-Cndcb/e Prrerrf. N2- T of tits A;�deMl he ra AM LICIYC(oe the Pll tx rt)• in ocher t the Ls r'oDcrtn D opere7 Ls aecuir Mab :iaa Wn�J!t 2 The fopcwN ¢-..nice deten:unu'hat the L:e Purpose Of this Ac W Ls no ionizer needed for Inc on7,=, ) r Y >-an(te • (a) Reof <nment: Purroses. Use Ice other g:lrtt project funds ::::e 3:12ll not to irk in proper L7- Res! proper.? lir.,lttd W those Prolrcts shad be by tnc Feder a! Cover-ent but s:.]ll means lard. L^.dudln4 ]and Improve- unC t: Other Federal vest m Me rr_te-auOlec::a tie (011as- menu• stntrans if a programs. or preen-s eh=e have ine copCa t:o Gs: and eto.qu exCiud-np Movable m-chL.Cr, LCd foo iucoruls tent. With L'i C,e aOLnoC- (II) RIGA[ t0 1rL-flee [i:7<, FOr 1t i.^._s and CqulD6CnC ppO R by the zeal Wr. D( nopextXO03Dlt (b) PCr:Onel (e) t'✓h C. Ne real ro0crt havLle a arson:.t prOpCSf V. FersOnal prop- or ntrgM >3 rOVICM in and b along. unit -+'q WslCO.l cps: of a!::J err/of any kmd eacepe z!aI property. f: the D or more. L`e Fede:aLa;e May be I1nn DIC—lISVLr1 t�rl tee Shall [cgUtli CS the nzht to (:_-! C7 :a•.Y rese7;e 4 Dr no sl struatons(ram the Fed c:al ucnlcY or its er Lhe t:::r to. L:e ■rice. or 1n:aneDh`.lavm4 no physmal Ftdcrgt Garrmm�e Or eelsttnee. such• u xuoccsor,FMer]1 agency. Tne FeCernl naCM D7 the Fed e:11�a a th:: patent: laventtons, a;rnc7 shall observe the :rillow I sucII Llr7 enr.,n,n'nen and copynzhts. Lrtz Tts.es Par(: atmnl."t. (e) Pone-rnecble !n the The Kr[,Leclon may Ilona[ u_•ser C.: EL:17 sta;otcz: 3ucn Persrope t y Inert,/, (1) The gral tee rant It Perm ltted to• Una snail :.e suJl.- r.va- NoneagentlaDle personal property mnni retain [lilt 3f[er It eDm De naa lanctD!e xrsoral proper. 3t1,c=LL.: L:c lolioa r-z Y havirz a use- evil Cove tis (he Fed- . tW Ilfc O( more than One Year crld as b mmeat to nn orator:[computed f1) TT.e 7roxny _cep . acquLsltlon ccst of 3300 or more Y an the Federal attly Idnta•.ce to Lne i_a• , perWllt. - pPerCeRLage of. a,l CSee tent'" ;J 1- or e•_::- A q:antte mar use It• OwTl de.^.tale& O( Dro:rt lc on in the cacL f the orrnn1 Cne �— - hOn"loendable the lair in-Irie a31 ue 0( the Wri:_;.. 'J•-^c :- v1dM :n Dcrsonal p:ope:ry V. pro-erty. 12) :^'e ^.;:at sach dedritlon =oWd a: leas; (2) Z,e �"" I -ere% sh_I ; L1cluCe all tarzl'ole personal _ Ln'antx may be Clrm led to 'OnpDDa ci 177 r -d dellrted above. P:ore %a; sell the grocery tildcr zt•:Gelines pro_ ends: Gays after the c-C of in c (d) F-endctte personal vidM b%the FMraj su D:vr_ of L`.o °==1 prOccrfy, - Fedr.'al azere%and Ga% the G:°:K; :„ =h:ch :; _s Cerdable perser.al P:oeeci7 Mf .:, co q)1 Cavedvie an amcunt eo acgtC:M. Lr L.c •'netts! PUtctl by appl)'ing Net Fe-cnl L"ue dueosi lion L-a:;Ctons am_e tapnble eersnral proper,j• o[ner than age of DercL•1c- norexperdable pro Derty, Dan:cicatlon la the cos: O( the 1-0 cale--dar•d3y ;e-tei t:.e (U F_eczr :ro:rrt7. �:ecrs onglral Drolece W Lhe DrOee•M-s sha❑ apt L7 Ent sy.d_ D:oceny (after aril Ln; from sale Vann 6(b) and 6lu as aJ of •.•sJca=- means progeny ency under thn concol of any seI1L^.z and _ aeual and tny. from oc::c:e, Federal a<ntre t. is as dett:tined by the sales T uP <spen,ea.If any. f;pp I (J) When L`e FMeraj age.. Lhe hence L.ereof, L• r.0 loner_ rrtL"M suthonrtdrorcecs)• W ewes its nznt W take (:::C. the eerso-al- _ hca the grant-_is Drapery shall be svblK tr for :leeC]Or d'SCtIa�e O( tL' r[3 p0 nsl- en NLLL7e to sell Lhe DWCes, y. PrOner salts Drecedur Prop- a es snail be es- slOru for lMera:lr--o—:d nonerer_;,;e ^" Eli Acquilit!on cost o UbL"hed that provide for cam pennon W Dcope:ty d�cusstd grpcnCa b(c f parch esed non- the Client above. `- F['aq"P:per:onel prpperT• , Practicable and rrult In Lhe 31tlOn cost Of an item of purcn3ed ran- �U Gc x-lble retul. (4) Whea twe is (:•_ erpeneabic Personal property mans C.e t (3) 7 ttpe to Lhe Fi-:teal Govcr,_te a- tilt net Invoice unit Price of the ro EITAntec rimy De dl.ected LJ to t e Lhe proru'o:a of a p per[Y in eral co the cvld,, y W the Ftd- 6(e)('-)(b) snoWd be Mcntrg Che co::of r..mulca Warts.a(Lich- Gas Gorr:nl:cnt crovlCM that Ln sucl e3 the (bl Elie o/ o(n er to:::]� errtt. neeusoncs, or auuha rY apoara• tom on coct snap Dt entstl d to [pea�.,,,• 'I"r(St:3ary to make the Drepe:t7 usa- Bran tat Salon coopu[etf D a eble Droperrl for u/le the Dr'(:ble fr, Cerrenta; Y DDIYIn¢ Nc htle- a n;1 r the purpose for which It was the cost < Oi pgnlncatlon In at It Cthcr enareas Such as the cmt tune_[r of the D•ognm Or prolmt to rh. (11 The rpr.trc snag use L`.e " "! Lia)ia LIOn. Inns Dor[atlon, (azcs, erty," narcet VWUc Of Le prop- ty w Clc prO)cct or C:Oq]pa (Jr '� dut7. or .: It was ocquirtd as long h:ch snnll Prot[tune in•try tAe lnsuranec, 4. FrCrel(v Owned non, . whether or not the or rererd. bC Incleaed or excluded from Lne pro;cr; rind- ❑rathe t nrapl3i[lon cast In accordance ants o✓:rleO� Prop7(p, ,,Ue er e.fe COn[u1Ur3 to De SUnpD n,•d by )• ]:n prOpertY remalr-t vNted<dOr llyL1[ fu.ldt. %Vhn no IJnccr Ii M<tnl ri'antec; re.tar aeeaun[ln; one- Fed er:J GJvernmrn[, orlg rani DrajKt Of Drorra nt;<d al fs; .1e lets. r(Cal PlenU Shnp g:nnt( submit aMuoll- ❑❑ Y q of Sh= use Inc proper(Y IJ (Onl4< lzr a c m<.arufr<m of pro 0<R v. Exempt pronert% t:dera Uy orr.ed)pa A•rt Inventory lutln lu o(.1er reCeraJ1Y s:tsnfor tanYl Oic 1'n OJ quura U<rsonal pro Perry ce- LO Ne Ftdcral ,Iccnc, t`i L1eir custody in the IOUOwipq order or nctivl::rs jun in :vnolr Or In Part rIN FcCrnl of NC x� % L•.Jn completion orlollt'.CS,nna IIUC l0 c -T Cement Or a' (a) Aetivitles SNn]JrN b 'AMC r Celo:Cnt n'Ithou oleo u vested N the Is no IJngtr needed; then NG proder C/ FMCf01 M1cen[Y. y L'le "Jam 1. "3 erl�nt cxcm,aoa pro- ;for I' trier] ,dcr aeagency Ib) Actn•Illa sPoruarN b l,ed Krr]r C t. n to DroccrlY to Lhe tndant c Y o[hcr :L3 `u3era ¢encY'"ll"%on, anlaccncics. LLACona:t; an Ga Ddo�. Such if L`.e Federal agency n I=) Sner<tl wr. CJnr.: ire lira a . anal tr,nn2 O(n::t Gall De GL'r• r<td for Ire boner(%,I:Sn.I� n0 further t C.]t L•Y]t L)anY FKen,le Gila(IOP N](Dr0• exec" be nonN:Cno]bie Pg nOnai VrO:ere)' l: -.CIJ a'1d re:o(;cd W Lhe G.ncnleSr(Y'l for u:e on tat prolmt or D:oerarn tar a'hleh It Was acquired. L.a grant" la cep 7+t'I�.Ii:J er TIIC 111:Ri.%U()I- \II'VIVAL AI I�AIR S. I\(',• ll'A CI IL\(;TU\, DC. :_0)7 —33— make It By for the on othe7 Drat- 13 cacrI uteri D errs or pros. A If such Otte p 7 a-0DLTlnz Lhe pet centa;e :ctcc prxct!We tad result L Pot Interfere snit the work on theme ro - of the gran Lee participation Ln, the cese. ba.^..est pc>::l Ole rrtorz rot or D'DCraas for wtlrh the spay to of the orieLnN Crept project or DrnTiam T. Ea,acndaOG per:oral properz7 was Or.Ctaatly P the current fatr market value of the to expendable �• r far such other ts•* ch all beF g given to other preference DroW�• plus any tt>,tonahle 31U pD L'Is YCC in Ne p-sestet uppn DayTutslt!- prolecis or progrnry zPonsorrd D or Interact sLarrwCe casts mots-red, there 1s a mldual Inventory 7 We. (c) if—tjC frantee Is Instructed to property esceedtng:1,000 In Wt�f Federal agent/ that IIaanecd the'prop-hnItOtherwise d'stsose of the rain tilt markce Value, upon tree to :ecand D Dr eC snUl S�n� g(rby gr �r e-hall Dercinsbursed by the FMc tlon or complctlon of the Cs'aat to DTolccu or red en other Federal aCeac1eL If.the Property eral'eececy for such costs Incurred in the prOMM u not needea for any c IS'owned DT the Frdcral Governs Mt. If dh[�asltlon. fedcallY.axrtsorM pin %le or pre;. I se on deter' Ove L'es not hailSPOOscred by (d) PropertV manap�rlCrlT stand aerie tLishoa old-C awe-dh�sllrj iota Lhe prpper- the F'Fdernl Government shall be per_ for Wane_-xrufaD(e :ropfrty.The grant- Donsorrd actin. ^'<slble If ruthon:ed by the Federal ee s Property manaecmcnc standards for or sell IL but must In either ease, c aeeac7. User charges should be Goa- norexpenaable personal Property shall PC=nta the Fellers! Guver=.c: is alderrd It appropriate Include the f.JJowtng procedur_l:egULe- a11a•'e•Tye=Ouxotof rompers L'On: (c)•DLs Pou"non 01 other none.-send_ meOLs: be computed In the sa�•�e r..• • epic property. When the 9T3atea no (1) Property records shall be main- nonespencable per_ocal Property. lenzer needs the prox-y As provided tamed accuracely and shall L^.clude• S. Inra.-.cnbfe fir.erty, In tit above.the property may Ce used (a) Adcsrnptto❑of Ne Property. (a) Invenranr e:.d Part,;ry L' for other netlrf ties !n accordance with (b) Afanufac corer's serial nurrser. Dze•.^.a.•n P-cduces •PaUnt-Wo it the fouDwng standards: model nu.•-ttxr. Ftderai stock r11.1mber• patent rizhtz. Processes, or L^.vin% (I)' Nonezxndsoie property with a national stock ntnrxr,or other Sdenesl- th the eourze of Work apoasorrd by unit acqulsrtloa cost of I= than S3.000. cation number. Federal r,;orer_ment, sucn Sxt star 77'e q:aate may we the property for eel Source of the property including pzoaptly sad fullTrwrcd to the e other activities without reimburemenc Crust or oLber agrr�scat number, era,a__-cy.Unless theRsrt�DnOrY to the Prderna Government or 3eLl Ne (d) Whether title vests in the grzstee meat between the r.3ntce nrd the I Prepert7 and retain the prcctees or tbcFederal Govern.,,,L ersl a.zenc7 on Cs:xrsiuon of sucn !_ ('-) NonexPendnble personal property eel AeauuItio❑date for da4 rettlrM. Lhe Federal agency shall dote- `-Sth ° unit spa trlsi[lo❑ cost of 51,000 or F the property was furnished by Le whether Protection on the L^ven Lo: more.The Grantee cry I•,taC, the prop- F'edera!Government) and cast. discovery Shall be :ounbL 7-e Fed My for other toes provided Lhac corn- It) PercenLizc tat the end of Le a3eacY Fell ass Jete^�nc tov ther.� per=t7on b madd to the Original Federal budget year) of Fedoras participation Ln In the fnYenLon or discovery. I- agency or Its auccesaor.. _ the ease of the project or pre Cram for nehts twee. a;.y Patera: uuM C`.e: CnnPenaLtian shall be c©puted by nop-f •which the property was ace err M_. INoe shrill be ailoc,stcd a:,C arL-t_;a'_;, . .gv Dl)•n¢ the perunta.ge of Federal par_ a0Phc3ho to Property fur„L;rsed by the order to Prot - Le Pub2c Ln;cra; c tic:Datiou In Lhe cast of L`e origt"a, Federa I re^mePU aLsten:wit.•'Gorenment Pate;:Poi Project or r (Cl I.cla Uon. use, nrd cocdlL'ca et (President's 7.Semor-dlV. !o: Y--r rsrkce value L. Of ttte Lhe cur.rat fair Lhe Property and the date L^,e C,,O a- seCu::ve rx7srcacs And ,4_.: rsn«e has no need for Lhe P Oe.^.7 and Lon czs re adrted. _A"Zst ^J. 1071. a_; sus mene at C the PropeT:T has fl=he: we Value the (h) Unitattitt.�.ltioncost, ern"e^c ?trees: Pobc7 As P.�;�. L7 c7antce shall requc dLrosit:on tr✓=c. FF. 15339). glans from the o (U U11 L^f d dLzaI and data, L^.clod- (b) Cop;-.:p,h's. E.-ct- ge"7l Cranmr a,TrncT. Ing date of disposal and lair, t a; oL`.r; The Frdeta, the method to ell Co derr_n Lne cu:c�: �oNdr L. t^.e terns s:.d eandl_o_ agency stall determine a,'Z r..ea:the act^.e:e: t1p e whrNe4 the DropertY tin to tae•d to fair name:value where a granite Com- orD.n"':On Is !.r_ to co meet Le azeacys requirements. It no Densates the Federal agency.for ita share. booL-s, 7Yn;.^.: rrquurment ex44zLs w:UtLn Lhat agency, . (2) P:oxrt7 owned•by the Fr_'eral Dub tics-ors. o: other Copy:; the avatlab Wt^ able=steads deye"c d L^ L:e czar be reported. ' of We property shag Government mica be market to I dl. or Cade. a r dr•'! a _enL but Ln accordance sv]th the ease FedenlOwaership. Fled e-s1 t Mldrllnes of the Federal Pro e °'crick �••� =e.n•e a•rar \fa sTement }7,e D rto t0) A C7Unlcal Inventory of propert7 free nnnez::_slve sari 1.:-vocyhle r ..,..#' the General Se Kula dons IF?.WZ), to shall be taken'and the results reconciled T rxprc'duce. Publil-h or Lhe Federal azcne cto es Adm.nLstrati0n b7 with the Property records at least once and to au C.or•;z oNe- to use, Ce r 7 de a-znIne whether ever/ two Tetra.A.nY dl�ereaces betweca for Gover-e'. a requirement for the property exists In y £tees pr��'. Cs. other Federal Quantities determintd by thc physl.1,1 z •e= ^tree;J, r asrndea. The Federal Inspection and tho-c shown In Cr ac- title to erc=s prox:-y is vu• aecntT shall Issue trutmctloru to the COUM Lng rr,o;Cs aria l! De LnvrstizstCr C- In r:antm no Inter ees such prox„y steel to n:.cau.1•-:c Nan 1:0 days after determine Lie causes of the dl�erence. t'nd dLs gas ed a"in a_^c 0ro_, _ L^e gran ice request and the follownz The graatte ahsll,Ln connection^sty the ta��h e:Procedures thou Manz etel antl 6(d) Of Ns (a) L' aO Covers: lnvcnto ry, err L'i Lhe ectcncc.Snsttvcrd or II des position uLlCsnon. and cdnttauea n cur.tc; Aszsc;Lv c.r, O-CncDt.R 170. A-:; L-scrurrinv ere not L-ncd vIL-,I, 1:0 Droxrtv. e[d far the aster the grantee's re- sy3ten 7tcC1 t1(ra; S7.1'g4RaS`r T And e "anect ys' all sell Lis prOD- to la.sUre adequate sa(ecuard 3Dr D e?ecC t7 rr:mour-a tic to mvrnt 1-A%%ficz5i/ill•, an nasour.t to mout.cd D Federal a¢encY loss, dnms�c. or theft or the PrOxrty, a.This,\teat.^.nrnt csl.i Llisncs rates pro;ccds the PcrcenL Re Of g to trio Any Iov, cony-e, or theft of nooes- standards and guidclir.es iar the Partictpatlo❑ In the ens Loge Or Fed<nl Pcsdable Property shall be Un•estiea LV procurement of Supplies.e Project or t d' the original and fully decumentcd: If the DroxrtY constriction,and service PrOg7 m' ROwever, GO1pment. Crantre shall tse permtrt.ed to .the was owned DY Lho Feeeral Government, 3 Cur I•cdcr31 and retain from theae duct the grantee snall PromPdy notify the asystaner Cregn ass.These sea ndard:or ten Federal share _100 Ftdcrul azrncy. arc lurashcJ 10 ensure t percent Of r proc[e as. wh)cn. ,, sucA ever tr .neater. for the RTnntre's seU- ql Adequate mnInl<❑once mnlrrla l3 and ScrvtUt arc ubtained LnC nn0 haCdlinC erpciL;es shall be 1a Plenented to keepPrxedurca elGciendv and rconomi (b) if the ertY n Roa1 con'(J tion, Lhe Drop• Gaily and to &hip the proxgrant't L Ln.:tructed to (3) Where Lhe eomplisnce "'th ihr provisions of s rt7 rL•.ewhere Lhe grantee ti nu Non- appbcablc Fcdcnl law and Esceutice rL%d be resrnbur�d tr7 the tw c Intlnt, or required to sou Lne Prot'ertY, proxr orders. PPeacral agene7 wtN an AMLOUnt o.hjcn Yajes Procedures shall be nLablLsh rd b.No 2ddiltun31 procurement ehtoh would Provide for eompcutton to requirements or subnrninaty rrenlasre P.bltshed by THE BUREAU OF NATIOVAL AFFAIRS,'I.,;C,. •,ASIIINCTOY. D.C. 10037 -34- 1 EXHIBIT "F" FINAL ACCOUNTING FOR PROJECT(S) Final In-Kind Costs Itemized Amended Unexpended Absorbed By Original List All Project Project Funds Contractor Allocation Proiects Cost Allocation (If Any) (If Any CAF#21.Tem Rev. 8/10/89 -35- F . .. . ..... ... . . .... ...... .. EXHIBIT "G" BUDGET TRANSFER SUMMARY SHEET (Municipalities) (Submit 5 executed copies) COMMUNITY DEVELOPMENT BLOCK GRANT CITY OF , FLORIDA, 19_-19_, Program Year Budget Transfer Request # Actual Expenditures Obligations Current Proposed Proiect(s) To Date To Date Contract Contract It r Signature of Authorized City Official/Title Date CAF,#21.Tem Rev. 8/10/89 .-36- I EXHIBIT "G" (Continued) For Community Development Use Only Approved Disapproved Signature Date I Attachment: 1. Narrative Description it..V. CAF#21.Tem Rev. 8/10/89 -37- I J