HomeMy WebLinkAboutR-1989-111 RESOLUTION NO. 111-89
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THAT CERTAIN AGREEMENT BETWEEN CITY
OF DANIA AND BROWARD COUNTY FOR PARK
IMPROVEMENTS TO CHESTER A. BYRD PARK IN THE
AMOUNT OF $20,000 .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 Agreement between the City of
Dania and Broward County for park improvements to Chester A. Byrd
Park in the amount of $20 ,000 .00 , a copy of which is annexed
hereto and made a part hereof as Exhibit "A" , be and the same is
hereby approved and the appropriate city officials are directed to
execute same.
Section 2 . That this resolution shall be in force and take
effect immediately upon its passage and adoption .
PASSED and ADOPTED this loth day of October 1989 .
`MAYOR - COMMA SIOD
ATTEST:
CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
By : t AD. Cal .
FRANK . LER, City Attorney
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$ Resolution No. 111-89
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A G R E E M E N T
Between
BROWARD COUNTY
and
CITY_ OFDANIA
for
PARK IMPROVEMENTS AT CHESTER A. BYRD PARK
IN THE AMOUNT OF $20, 000.00
PROVIDING FOR FUNDING AND ADMINISTRATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS
EXHIBIT "A"
INDEX
ARTICLE PAGE
I DEFINITIONS AND IDENTIFICATIONS 1
II PREAMBLE 3
III PROJECTS 4
IV FUNDING AND METHOD OF PAYMENT 5
V PROCEDURES FOR INVOICING AND PAYMENT 5
VI IMPLEMENTATION AND TIMETABLE 7
VII ASSURANCES 8
VIII FINANCIAL RESPONSIBILITY 13
IX INDEMNIFICATION 16
X EVALUATION AND MONITORING 16
XI TERM OF AGREEMENT 17
XII TERMINATION 17
XIII SUSPENSION OF PAYMENTS 18
XIV INDEPENDENT CONTRACTOR 18
XV ALL PRIOR AGREEMENTS SUPERSEDED 19
XVI NOTICES 19
XVII AMENDMENTS; ASSIGNMENTS 20
XVIII REPORTS, PLANS AND OTHER AGREEMENTS 21
XIX CONFLICT OF INTEREST 21
XX EXECUTION 21
XXI CONSENT TO JURISDICTION 22
XXII GOVERNING LAW 22
XXIII SEVERABILITY 22
XXIV LEGAL PROVISIONS DEEMED INCLUDED 22
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INDEX
EXHIBITS
Page
EXHIBIT "A" Projects) Description 25
EXHIBIT "B" Costs/Budget for Project(s) 26
EXHIBIT "C" Monthly Progress Report 30
EXHIBIT "D" Timetable/Schedule for Project(s) 34
EXHIBIT "E" 24 CFR 85 35
EXHIBIT "F" Final Accounting for Project(s) 37
EXHIBIT "G" Budget Transfer Summary Sheet 38
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A G R E E M E N T
Between
BROWARD COUNTY
and
CITY OF DANIA
for
PARK IMPROVEMENTS AT CHESTER A. BYRD PARK
IN THE AMOUNT OF $20,000.00
PROVIDING FOR FUNDING AND ADMINISTRATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS
This is an Agreement between: BROWARD COUNTY, a
political subdivision of the State of Florida, its successors
and assigns, hereinafter referred to as "COUNTY, " through its
Board of County Commissioners,
AND
CITY OF DANIA, 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 I
DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various
_
covenants, GOi�j_�ul�iutl5, 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.
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1.1 ASSURANCES: means those assurances made by SUBGRANTEE
to COUNTY specifically set forth in this 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
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 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
,� Broward County.
I
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.
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
Circular A-128, "Audits of State and Local Governments. "
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1. 12 SUBGRANTEE: means CITY OF DANIA, municipality as
subgrantee for the Project(s) included in the Broward
County Community Development Block Grant Program.
ARTICLE IY
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 , 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.
(b) Activities which aid in the nr Pv^nti -n
elimination of slums or blight; v+
(c) Activities designed to meet community development
needs having a particular urgency.
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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(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 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 IMPROVEMENTS AT CHESTER A. BYRD PARK
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Such Project(s) is (are) more specifically described and set
forth in Exhibit "A" attached hereto and by this reference
made a part hereof.
ARTICLE IV
FUNDING AND METHOD OF PAYMENT
4.1 The maximum amount payable by COUNTY under this
Agreement shall be Twenty Thousand Dollars ($20,000. 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.
4 .3 This Agreement is contingent upon the availability of
COUNTY funds, . as more specifically described in Article
q XII hereof.
.s
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:
(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.
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(c) SUBGRANTEE shall submit a certified copy of the
purchase order authorizing the services for which
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.
(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
IIC 11
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
y expiration or termination of this Agreement, except
invoices for impact fees which will be honored up to
twelve (12) months after expiration or termination of
this Agreement.
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.
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5.6 SUBGRANTEE agrees to expend the funds allocated to the
Projects) by October 31, 1990. All funds not expended
within the term of this 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
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.
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
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regulations, the assurances contained herein, or the
provisions of this 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 Agreement shall be resolved in
favor of the more restrictive regulations.
k 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 Agreement. If any
real property or structure thereon is provided or
improved with the aid
o federal
extended to SUBGRANTEE, th s assura ce financial assistance
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.
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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,
particularly those with whom they have family, business
or other ties.
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 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 Agreement, 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
A-102, entitled "Audit Requirements" is superseded by
OMB Circular A-128.
7.11 Tf RTtAronumrr _
-- -----��•- r=c=ivies �ea,uuu. 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
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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 Agreement.
7.13 SUBGRANTEE hereby agrees to incorporate COUNTY'S First
Source Hiring Agreement Requirement within all contracts
awarded by SUBGRANTEE pursuant to this 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 Agreement. The written notification shall
particularly describe the land, and the Project,
and the projected use of funds. SUBGRANTEE shall
also provide Lessor or Sublessor with a copy of
this 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 gMnDxvmo,
and
Regulations of H.0 D. , aandLt! sUD thisc Agreement to theules between
SUBGRANTEE and COUNTY, and further that each party
to the lease or sublease agrees to abide by all
applicable provisions of this Agreement and the
Rules and Regulations of H.U.D.
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(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
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
r».,k median home sale price or rent unless written
permission is received to charge otherwise.
(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 f_n_ 1_lnvo.i --A
Provisions of said regulations, policies,
procedures and requirements shall be met.
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(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
in Broward County. 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
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hereto as Exhibit "E" and by this reference made a part
hereof.
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7.16 In instances where there is construction work of over
$2 , 000.00 financed in whole or part with CDBG Funds
under this Agreement, SUBGRANTEE agrees to adhere to the
Davis-Bacon Act, 40 U.S.C. 276a-276a-5, as amended,
which requires all laborers and mechanics working on the
Project be paid not less than prevailing wage rates as
determined by the Secretary of Labor.
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
Agreement.
8.3 SUBGRANTEE hereby agrees that if it has caused any funds
to be expended in violation of this Agreement, it shall
TMV
be responsible to refund such monies in iiiii •--
from nonfederal resources, or if this Agreement is still
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in force, any subsequent request for payment shall be
withheld by COUNTY.
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
Agreement. SUBGRANTEE shall demonstrate significant
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 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 Agreement with Broward County. The amount of
y 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.
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
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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.
(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
within thirty (30) days of the completion of each
Project(s) I 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
M 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 Agreement; or
(b) Disposed of in a manner that results in the COUNTY
beina 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.
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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 by any
person or persons, corporation or property, by virtue of
the performance of this Agreement.
9.2 COUNTY gives specific consideration to SUBGRANTEE for
the foregoing indemnifications in Article IV of this
Agreement.
ARTICLE X
EVALUATION AND MONITORING
y SUBGRANTEE agrees that the Division will carry out
periodic monitoring and evaluation activities as determined
necessary by the Division. The continuation of this
Agreement is dependent upon satisfactory evaluation
conclusions. Such evaluation will be based on the terms of
this Agreement, comparisons of planned versus actual progress
relating to Project(s) scheduling, budgets, 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.
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ARTICLE XI
TERM OF AGREEMENT
This Agreement shall commence on the day the Division
Director provides a written Notice to Proceed for the
Projects) to SUBGRANTEE and shall terminate on October 31,
1990.
ARTICLE XII
TERMINATION
12 .1 This Agreement is subject to the availability of funds.
Should funds no longer be available, this Agreement
shall terminate upon no less than twenty-four (24) hours
notice in writing to SUBGRANTEE. Said notice shall be
delivered by certified mail, return receipt requested,
or in person, with proof of delivery. COUNTY shall be
the final authority as to the availability of funds.
12.2 If, through any cause, SUBGRANTEE fails to commence work
on the Project, as set forth in Exhibit "D, " within
three (3) months from the date of execution of this
Agreement, or fails to fulfill in timely and proper
manner its obligations under this Agreement, or if
SUBGRANTEE shall violate any of the covenants, agree-
ments, or stipulations of this Agreement COUNTY 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.
12. 3 In the event of termination, all finished or unfinished
surveys, drawings, maps,
models, photographs, reports prepared, capital equipment
and any other assets secured by SUBGRANTEE with CDBG
Funds under this Agreement shall be returned to COUNTY.
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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 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
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.
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 Agreement;
(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
Ayreement. Services provided Dy SuBuIcKNTEE shall De
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,
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tax responsibilities, social security and health insurance,
employee benefits, purchasing policies and other similar ad-
ministrative procedures applicable to services rendered under
this 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 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.
ARTICLE XVI
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•
Theresa Gillis, Director
Broward Countv Communitv Develo_oment Division
Governmental Center, Room 336U
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
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FOR SUBGRANTEE•
Robert Flatley, City Manager
City of Dania
100 West Dania Beach Boulevard
Dania, Florida 33004
ARTICLE
AMENDMENTS• ASSIGNMENTS
17.1 It is understood that COUNTY as Is
to H.U.D. for the administration OfCDBG Funds and rantee
responsible
consider and act upon reprogramming recommendations as
proposed by -its
appropriate referral to
or the Division after
that COUNTY to the Committee. In the
alteration to the fundinves g modification event
be g allocation ' amendment, or
notified pursuant to Article SUBGRANTEE shall
notification shall constitute an officialXamen and
such
17.2 COUNTY may, amendment.
conform y' in its discretion, amend this Agreement
rm with changes in federal, state, COUNTY
H.U.D. guidelines to
amendments r directives, and objectives. and/or
shall be incorporated by written amendment as
a part of this Agreement and approval of the Board shall be subject to
17.3 The of County Commissioners.
Division Director shall be authorized to
line item changes to the budget information set out in
Exhibit ugn approve
provided such changes do not result
».<l' and rExhibit „the CDBG Fund amount shown in Section B attached hereto. an
4.1
17.4 Except for the
Except
and provisions as set forth in Sections 17.
alteration 17.3 herein, no modification 1
shall in the terms or conditions amendment or
dignmbe effective unless contained .contained herein
tvth executed with the same fIn a written
---«..�Ln. - -��walicy and of equal
17.5 SUBGRANTEE shall not transfer or assign the
Of services called for in this Agreement
Prior written consent Performance
of COUNTY, without the
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ARTICLE
REPORTS PLANS AND OTHER AGREEMENTS
All reports, plans, surveys, information, documents,
maps and other data procedures developed, prepared, assembled
or completed by SUBGRANTEE for the purposes of this Agreement
shall become the property of COUNTY without restriction,
reservation or limitation of their use and shall be made
available by SUBGRANTEE at any time upon request by COUNTY or
Division. Upon completion of all work contemplated under
this Agreement, copies of all of the above data shall be
delivered to the Division Director upon his/her written
request.
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 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 paragraph shall be interpreted in such a
manner so as not to reasonably impede the requirement statutory
.� emlo that maximum opportunity be provided for
employment of and participation of lower income residents of
the Project(s) target area(s) .
ARTICLE XX
r.,ECUT__._
nn n�.ull VlV
This
counterparts, each
chof shall which shall b
e
t deemed to d in four be (an
original.
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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
Agreement, and hereby irrevocably agrees that all claims in
respect to such action or proceeding may be heard and deter-
mined in such court. Each party further agrees that venue of
any action to enforce this Agreement shall lie in Broward
County.
ARTICLE XXII
GOVERNING LAW
The parties agree this Agreement shall be construed: in
accordance with and governed by the laws of the state of
Florida.
" ARTICLE XXIII
" - SEVERABILITY
If this Agreement contains any unlawful provisions not
an essential part of this Agreement and which shall not
appear to have a controlling or material inducement to the
making thereof, such provisions shall be deemed of no effect
and shall, upon notice by either party, be deemed stricken
from this Agreement without affecting the binding force of
the remainder of the Agreement.
ARTICLE XXIV
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
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L�
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.
IN WITNESS WHEREOF, the parties hereto have made and
executed this Agreement on the respective dates under each
signature: BROWARD COUNTY through its BOARD OF COUNTY
COMMISSIONERS, signing by and through its Chairman,
authorized to execute same by Board action on the day
of , 19 , and CITY OF DANIA, signing by
and through its duly authorized to execute
same. '
COUNTY
BROWARD COUNTY, through its
ATTEST: BOARD OF COUNTY COMMISSIONERS
BY
County Administrator and Ex- NICKI E. GROSSMAN, Chairman
Officio Clerk of the Board
of County Commissioners of .
Broward County, Florida day of 19
r
Approved as to form by
Office of County Attorney
Broward County, Florida
JOHN J. COPELAN, JR. , County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
Telecopier: (305) 357-7641
BY
PAMELA S. TERRANOVA
Assistant County Attorney
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l
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA FOR PARK
IMPROVEMENTS AT CHESTER A. BYRD PARK IN THE AMOUNT OF
$20, 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:smc
CDBGDAN.A04
9/21/89
f
CAF#21.tem
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L�
EXHIBIT_A"
PROJECT(S) DESCRIPTION
The Park Improvements at Chester A. Byrd Park is a capital component
Of Project IMPAC, designed to revitalize the neighborhood through the
installation of landscape, sprinklers and immovable playground equip-
ment and supplies such as, picnic shelters and tables. .,
The project is located at .1000 S.W. 12th Avenue bounded by the
following street locations in census tract-.4 805.,
North - Old Griffin Road -
South - Sheridan .Street
East - Florida East Coast Railway
West - Bryan Road and-Ely Boulevard
-25-
15th YEAR PROJECT IMPAC/CAPITAL
yrq PARK IMPROVEMENTS AT CHESTER A. BYRD
15TH YEAR CDBG - CITY OF DANIA - Project IMPAC
Capital Component
Chester Byrd Park
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.)
(Non CDBG Resources)
Category (1) CDBG (2) (3) (4) Total
A. Personnel
B. Fringe Benefits
C. Travel
Equipment
E. Suppl` $10, 000
F. Contractual $10, 000
G. Construction '
H. Other
I. Totals $20,000
-26-
a
;15th YEAR PROJECT IMPAC/CAPITAl�
PARK :IMPROVEMENTS AT CHESTER .A. BYR RK
EXHIBIT "B'!
(Continued)
Budget N_ awe .
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 CDBG funding is being requested and the co
covered by non-CDBG resources. sts to be
All funds will be used for park improvements at Lhester A. Byrd
Park, 1000 S.W. - 12th Avenue (Ely Blvd. ) .
F. ) Contractural :
Installation of sprinklers and landscaping $10,000
G. ) Supplies $10,000
Playground Equipment
Picnic Shelters
Picnic Tables
Ail or the above supplies will be immovable _
TOTAL: - — $20,000
-27-
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:
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
A 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 neru amnlnv _i
ue 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.
CAF,/21.tem
Rev. 8/10/89
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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 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 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.
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L- _l
EXHIBIT "C"
MONTHLY PROGRESS REPORT
A. Project Information Date of Report:
AA encv:
Person Preparing the Report:
- Title
Signature• Date
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 Completed to Date:
CAF#21.tem
Rev. 8/10/89
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L�
I IB IT"n
(Continued)
C. 1. Brief Project Description & Project Location
2. Describe sloecific Work Tasks and Accom lishments Com leted this Month ualified
Qualified
Task Accomplishments
This s Month
3. Describe Successor Problems Encountered with the
ect
CAF#21.tem
Rev. 8/10/89
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EXHIBIT "C"
.(Continued)
4. Anticipated problems or concerns with project with
which the Community Development Division could assist
you.
i
CAF#21.tem
Rev. 8/10/89
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J
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15th YEAR PROJECT IMPAC/CAPIT�3^\
PARK IMPROVEMENTS AT CHESTER A. BYF :ARK
EXHIBIT "Do
_cjCOPE OF SERVICE AND TIMETABLE
WORK TASK(S) TIMETABLE
START-UP COMPLETION
1.) Park Improvements at Chester A. Byrd Park
A. Preparation of specifications for 11/1/89 12/29/89
sprinkler and landscaping and nark . . . .
equipment, including wage determin-
ation when applicable
B. Request for Bids 1/2/90 1/31/90
C. Award of Bids 2/15/90
D. Installation of sprinkler, land-
scaping and equipment 2/28/90 10/31/90
-34-
1� J
F_
�I
tl9:1550 EXHIBIT "E"I
LIMB CIRCULAR A-102 ATTACHMENT
Arxemrz:rr t-,j-,g \o.A-102 Yldes:he Federal spontorins neency e7L`s lees Ad..
7a0rArt Ya.Y.tat][LyT ST.LYa4tW adeauace Authority,
^Itmcc!atloa. Appropriate L".po-
1.T3s Attachment prescribes unLrorm J. Rtaf yro17er2%,Sach sluon u[n:ct:oOs -nA be Issued stanGa;ds governing the utilization ar agea,y, shall FYder:N t:sea t" reelDlent after COMPleuon of Lje ,,
CFed sDnai:Son of Property and for grantees conc rv.•cinc�trt a and C•s- Ag5nCr7 review.
e W'
whole o Coy w7L7 r r acqui ed LLn Daticl u of realProyeftY [UtidM pact)• au clomp TrsprOperetV�W'nen statutory
mmenc °
whole Co i'i act or wholly y the r^edrral
whose cost au.Chi Metal funds or tiNtss Covert=eras Dersdnal Ctoperty acovi:M xpneaole
PQrY a Federal to a project sip- such n4t:_e crass,DfOvlded by statute, funds &Tall be aec tee in with project.
grand h Crant. Fedcra!.. to Observe
agentfes shall rooture conutn the (otlowlrq a It-Ihi7tum,shall upon ccaws)u°n unless le lSyCeee.^.L^Ced
W ohsen2 these standards Under Cr. as (a) M., to real � that to co sou ,at ut the fdeti:ennce
from the Fcden! GO,emnment and shall Lhe r`�°i i Property shall vest in of the ob;ectves of the Ftderr sootu
not Impose additional rtaCiRmeRLS t1r1- p eat ee shall to the corcltion Ing agency. then the is Yes tc'da
that the t:antee snot)tse the real D-op- reUDrcat the rK[o;cne ahalI ❑ :rC
lets sceeincally repusrEd by Federal Sao, erty for Lhe authar_M "are no
The grantees shall onglnal grant DUrpnse a2 L:e other°°haauori or acCOILILODuity tTeL- own be nu:hon:.M t0 use (b) Toe u Ion¢ = needed, Federal Coaernz:eht for ILS us
Property L-=e
Ards and procedures
management stand- by the gnn�arnc�tt shsl:obtain approval Dwl[lon ezceDe u proviCed ear G:s-
D is Att-- u long u ale pea- real Ceoth for the e. Other' none=7endeble pr De(°:,
rl7- T.of ollo Attr.;.,emerit are included. Dropertl' In ocher Use°C Lhe
Z Tta following the DrolKtt when �V)hen oL1'r norcx Dend]ple Dtantrry-
¢ de apply far tleterrunes[hat the DrOperty Property u acouired h eann D.t
the Dt:zCose Of this At tacttinent: Lt no longer needed for the or'=,j Y s grantee c•[:;c
(aI Real properCj, Reaf DurpoSu. lice la oNer ro Crnnc� Protect funds ;::;e shall not on taken
means lard. induciln Properly limited to those D 1Kts shall be by the Federal Govern.:.ent but s-.menLL 'r land Improve- grant ro under other FFde:a! vest In the grrUh[.ee sualec::o the foltpa-
t[rL'Ctnrtr and apPurtenancet Programs. or prectaT.t chat have ves cn the ons:
xu
thereto. ex and
movable machlner, Duryoses corutseent Wiin Lho a auL:or- (a) RICH[ to transfer
and eguiP.renL LedforsuDoortbythe of noRIcht to re trite. Fyn ;;=--s
(b) Personal (c) tvhen[he real roan�r- personal erty of any �ODertV.Personal prop- er neeaed as Provided m arty is no tong- - moreg Unit acquISIL'On cant of ma7 be tanDlP-haven real DrapertY. It the grantee sisal( request f�DDtl nLo�i_ the n;1L-0FeCe:olio-enc
ante, g Physical exist- strE grant from the y ' 7 z nY rese-.e
or in;annhlt_lavin Via^-tier _to ti[la• to L;e
extstence. such. ss ir no physical successor.Federal Fteenl asene or[u Federal Govrm.^..vne or :o
and coPT-.zhu, DatentL lavenuotts, agency shall observe¢t easy, The F'edernl ❑a¢td br the Federal Government
(e) ,Vone-readable IL7 the du � following cults sutra L,, y3r17 l: oL:crwue
Personal Drope POSIt On Ir3t7n0aOnt; UnC er e.CaIL•:g S[at0 set. Jutii El:;late
Ifonexpendable personal ' (1) The Grantee may Da DermlCLcd to, t!on saa11 a-ul ;:Serra-
tariglb!a personal prooertp[opertY deans retain[Isle after Ii eom pensa sub a
Y having asue- ens Crave fes Lhe Fed- S(anCards; L.c folioan-„C
7W 1Lc of more than One year and as b rrlrtlent tnan ammrntcom u (1) Tote
aecuuitlOn test of$300 or more Y aDplyine the Fcden{ D ted a[ely iCrntiY d�i Liall be approp.-;-
`t ^'•anLee max•use ill ° rn defl•nl on of paniuoation In the c percenLaCe of, a i:]eat or O_:c:.Ctst.of the or."-,Al 11 31ce i:rin�•n � _:e
nonex PenCdDie Persona! proDro!ect W ;he fair nariec )clue of the wri Lin'- r.—_n:4c
YIC ed :oat ale
Ca CenrutlOn would r a'.least -p (Z Ri„ (') 1,e '� -
Lnelude all Sat de Federal nceney shall personal property a; sell [he a trantec may be directed to d!s posllioa ihs::uc bons WI_.;n 1_J
QefL^.M above• thePro F y W7CEr -tudilines enone days after t.^.t end of [` r.•,. I
(d) E_enCette Personal Fro:er(y,E`.t- FedLea, l the Fe^_eral a;etey and pay the SUPPort Of the ro; e • ._e:al Iitl
Vendable personal Pro Cert7 refers to I al G.n•e amount corr. a[auutd. If Lyep etc or -filch
an puled b tr=tent an .°CCe:;tl "u
tangible Cersnr.A1 property ocher than age of Y at)Plyvlg the-Fel issue disposition L^^.:;;ucti oaanterit..,` `a
aenezPeraable property, D°rticiCatton la the percent- 1=0 calrnCar-da hen Lne
original project to Lhe Prot zedsgrom sale shall sPp17 the scan nx, ohe ;ra.
(el Grooe pfOpCrt•%. `c0ess property falter deduC;L - darC_T _means D 4ency under Lhe control of any selling and n' actual and seasonable Itra Dn 61D1 and 6fel as nPprop ubo
Federal he Ea, ¢ ce
•arch- as detertruned by tha sal t Up ex Peres,if any, f•vm r (3) D%hen the Federal agency
T..,` the hear =ereof. Is r.0 longer reaUL-ed auaho es proceeds), %Vhen the granto-e u discs Its r:ght to take t.tie. the ecer-
for it:ocean or d'schage°(ILs response- erty. 7jeed or :cC u!zM to set! Property shall to sub Dersoaal
DW:!es, Per sale the Prop- sloes for feller feet to the C.Orl-
(f) Acouiziffan cost o (sbLshetl that procedures shall be es- att7.Oerled nonczpendabie
e=xnC°b!c f Dutch¢fed dart- the ex4nc Provide for competition to Droperry cliscsssed s paraS jape a,
pCrronat prpy�;y. Accul- filches[ practicable aria result !n the above.
Still cost of an Item of purchased non. fb Possible (4) When title Is t.
erpCnCablc ftLU'm- -ansf, ed Personal property means L:e tra The grantee may be dlretted to to the Federal Cover:L-hens or et'cr
net mvolce unit price of the rO ruler title to the Property party. CIE Drm'ulots of CJ a
eledirq L:e Eost of modufcatlons.atLwcA- cyl Government prondM that
(n S 6(U(_)ID) shoWd-he fatloa•ronragrapa
Eus n Ment.s. accrssortes, or au7nlfary sopara. cow the grantee Shoji. b<` entitled t0 „hrb) Use o! otAcr 7crc:alr nonrr•.....
ttCsary I. m,✓. ..- _ CCtSatlan r,..__.... _ __ __. _ . _
die Ire C:C _ ...__ •••` ✓"'✓cri➢ ❑ea. C[anr.[v' roenl r�wu OY no Pl YIn4 the __._title 1. 11.11 ram. ✓'nit.t (he Dra.tiC h`s
Purpose for which to was the on,,s a•:e of CanlaPauon In V
OeOWreq Ot.^,er cnarges such as the cast cureat (f L1r °:ognm or Pro1Kc to the tY(I1 the
ranlre zhall en
0
InStalotion. air narte[ value prop. fe was aProjrct or m fo Dro- r.
dut7, or transpona don, taxes, erty, o/ ale Droc;a wh:
sna Drottttlre in•trar ult Insurance, �- Fed G as tang
be ICCluded ar Excluded from the rr4fv Owned whether or not the pro;cct y ncedrd.
until acaulsltlon cast In attoraance with o tic°a! a"Op Tt•• nonerper[dople contmucs to be support.xl Or Pre,
aLuc .o _ �a:r,
t{esCTanlre; regular accounting Dne- FederajD GOo cry remotrnt es vested inLhe funds. When no longer ntrtlty I Merril
naallymn mvji 1plenu shall onagLl e proncrroject or Dvacram o. Lac
me tit) Cremot submit a ory Justine: of 11 the cyan lrC
QUUC t pea peer Y.Excm Dt property feat r]0%Oarra Propettl'nl gEtf ell(ody ILL O[tl or
IncfMCr.L1Y a- 1I tIO n
Putty Lanvtolc uersona) •,ansor ^ TI;
m m'not Pra Deny Federal
[° the Fhxfcral .[eency. Leo l7 Nc followm; ct:vj.:es
fonds,e❑ a or h tart wltn FMcral of the a;,rtement or %., o " cam Diction order of Dflonty:
0 title to watch u YCStcd in the Is no Ion the prop"E fa) •{cllvi its swris"M by tIC .an
thelwept a'dhout fanner oDpCa clan to report thjter needed: the Federal ngeneY. me
)'Keral Dfo^crlY to L:E F LTantEe .a I1 a1J (bj Aellvltles spon.JrrdD
INve frLT,En6 E[C(-jI 6s Df0• Ior fu;Ih 4ECEY pt[IL•a�0k Cral a Y at,
W%co.OVideo ,•,Voarag er a SencY Cral acraCics. F'M-
t•-not)r, re o Gt below, Such u L:e ItderL acencr tins (31 SAcred mr, 1}stlnC tee time 1L•,>,jI L7 a. . Img p(t::!E 4111 be CUf- aced;Or L;e OfCn age c Shall no further a ::]t
L er nonex pcnaa DlC personal uro:erty t:
r eernl l.•eululoP Shins P-a. exCets and reported to L-.e G,ice dcclatia
.ntral `rr Y- for Use on tie proloct or 7:ou]rn far
a'hlca It was acquired. Cie gnntce sh ae(
/✓pinlr:.l !r ills' lit:R 1'.cU()1' \arlll\.tl .t11�alg S, 1\('., lt',t 4111\GTO\, DC. :t'071
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L
CO.AIr1�tIT1r DEVLLOP1bIE\7T PLOC;c GIZ 7g
r - EXHIBIT /' �, 09.15c
make It available for (COntinued) HDR RF-1(
use on "teat b
ar��r prvxr.ms if such oNcr g Prof Is eazsa0ted b .�_7'
interfere With Lye Work on N trill y aPPITLng the P_rcentage
at or D^o4ram for whicha p_ - of the o�rlm� raKlelratlon In N° pracary
Wassru oKgmofly arault'ed, NQ pro the ecst. hlzbest ptettlble most, result la
other Lcepony to the c) nc f at Project or pro nue of the N7C Es-„e4sdo
Projectderal Agency r gr ahnl!brgiven
I4 4 W7 Ner e pro�n. Plussaanc rtuonar Market bl�e slu xPe dable�Dorsconal srroycrt7,
Nast slnaacal nal
b or la >�d osts Incurred. APIs¢ thertp sLya r`•2�°r u Aaepis Laventoryi�at
err)': second preftreIIce the Prop_ o grantee Lt residua!to Projects or pro shall be given tLLtPose of NC there
to Propert LI: y excrtymt:I,COo °f s
Otherwise
°Nee Federal a¢eaclg u"PO m� byrrxz9rty �'� bezelmbursed b they tPropeheFedA iloa ara �� markce ►aloe, upon t�.e7u:
_ use on ot;ser activitiesTw 0� OoveramceEnt. IL'dlsPaslUon,or such costs Incurred ly the erty is not M the
property u not rxied So T o•
Ne Fldera! Governments sAoarofed py (d) Property rnanao . fedetalaPpfuofed0 for grant as
m:sslble !f auN shall be Per. /or nonc-'xndable ant standards Ne grange shall r,•.prole"t or Dfec.
Agency. User eha�od by Ne Feden! ee's ProcertY ma Pr°nerty.The 9-ant- use on aonfeyerall .a the Drapertr.
aldcrtd !t appropriate should be Can- n Include personalst 3 pOFndards for 'or sell It. but muse ieither sstsorec actin
Jecrizatal th
lowcbt >noperiy oWhen th �nnrsAend- mltft nol'r,Ne1.•�pwln¢Draedur_l:equ ell share-7beeasounc.:Goveramrnt t re be "coputed o.
bOa Above,for otheNe°p�p ceto
rtyert as Provided Latined a cu�rntyely and sha main- aoaexcen°nblG per-^ s mannr
be
the folloUU
wing
aeUKtJet m ar'yr'Omfd+syace w�1[adh .(b) uDnufact r of Ne At°�Petr[y,° e)11. �Inv 4 prom
Dro 7
unit) no Model prolXrty wl o[dlan somber. Federal rs sstoe nutzher, program Produces .catenestL If
ara esstlon cost of 1 Or a stack n°mtxr, umber. Patent rights. tzble it,
Trte grantee may Use ess than S1.000, cation number. or 1a the course oProce.es' or rove=!
outer acavlaes Lbe Property,for cc) Source of the Federal Gave f Work sponsored by
to the D ceny�aad Governs relm cis ll the gr d) °r other titleea�enPcenump c�udina grill Ricc.promptly
�rr`0�leotth a!letalne[�eat the R'hether retie vesa rat the.-e isa
+ Proe or the m Ne meat betty.n t PrloraC
(-) NaIIt"quiable a AcQuIsI Ion d smenL ¢rantee era ten th rr c:nu.r
P rso p 000 or (el Acauuruon da t aCeacy on dLspctu °nd the F
• err Thu tea a tins cast he pr or V the property wee sae date receired, the Federal °°°t such 1L
Perimfor oNmadp Neort�aa c corn- b f) PFedexal�car'nrtair en iliaN�9. of by V0 ' discovery shall be s whether Protection uL e Lau Shall nter
acenUoa uZJe CUMD'enzatiy or Its auccessor..erte amount the cast of th of Federal Particl DDLIOn Ln inventioncy WtU o de pterealnehow th—
Dlymt Ne oil shall be computed by ap- 'welch the propcArolecc or Program the
for rlgh Gs npder any Da
' OYerg
.aclpatlon Its ereeatnge at Federal par' &DPltcab 4 Was aeamr&d. t\ot Patent issued
list
Project Pr the cost of the original FederzU rof °ea,y fu,-aLsnrd by the Order to prate,Ne d admsrsisL�cync
or program to (g) alstent Wl Public LnI[r
Market value eurreat fair Lcfa[lon, use. and (President's reset 's t
¢rantsehas °t the property, It the propels coadlL'o Presidents :. nt Patent PoL•
the ;kneed for the property and UOQ Fag reported. Lye dote the L'Uortzar ':xecutive ID, °raatlum for $eaC
Procerc
grantee sbau as further use value, the th) VIIit :tlsgtut =J. 1771.�en� and A¢e,.c )
lions from �adLsposition A.e dtlt70n CML ernmenc Pat, w�.: sta Le Ment of G
The Fled e�e Orl ¢rancor agency, Ingl date Of d �Acuttion data. L•sc:ud. ` 16889). Pobc7 as prsaceti L^.
Whetherethe agency-S Property eaa be eta d ttoo the fair mari�ygj ed pas
Cecetmsne pace or provided err hvrle4. Flcept as y _
(b) C
qutrement
Tea
oL.e..
aks theFecteral acre A,
e coal. eMent the au
cOn
be reported. !n f the terj and
n Property shau Goirecients. If no v) Pmtperty ossned-by theme d bOr°V' Public. L'o� to rcoD night-
' th-
the avnuabUl agency, (-) Yfarltss n is a--
accordan
ent
able
r Other
FUlCellars ❑tll7egir!Federal propel ca 7)A°p1Us�«hrp.marked to lnedl e�a Fed � °d Let Lhe yours.
. . .\tanaeeme
the
on,
exal
General :,ervlces Administration(F )' t° raL TV_
shall be dlstl[venttr7 of property free nonAge sivehaU r.:,• =cat roll
I,—
the Federal ntene by wiN thesal-Err An f-Sluts R and I, -arNulrem ytodetermine whether Propert records reconciled produce, Publish VccAble 'S.
other Federal
for the property FederaltSI., every two Tder3.Any inedl pereat!cyst once
and to a�a o • or th W. the el
agency shall is ageneles. quantities aces beew for Gove p thers to
Oecra era ao Later a Instry 0 da arts !O the coup ingOaeco d tho-e shown In thesu�a tit a to eteess nrosonaf r'rOPeit7f. �;
rO ten f.ecu and ^ days �r determine Neil iiaJI lnvescilrated to erg such ProY Shall trd 1
Droeeauthe fova perry Ls yes _
(+) u so'hall toter-: x The graatce shall,In connection the 1.r1N the ¢raphs 6(c¢nd (°KOrllarlce t Lyutc
lnstrurrinns are np or If disposition uUjL•atl a, and coati.,,,thee.stcn�. current AtTuuyc d) of'his ea
enlp
oUM 'k Calend"da_13 after the td WINIn 12o property. need for 'k- tri O -Cn._._..._ attar i.r
ert7 and relmeur sbati seuWNe.proD- U) A lasureconuol systems riac -'~ 10.A-10'
talean s pfp:C eomou tgd by �I�n' the Federalagency low. amns Gores sa legUerds to ARa ct I-APPAcob j,.Irr srLYataal
Dertld �t Ne Percentage of applying to the Ay loss. domagChe([ of th Propyrly. a.This Attach
Da°Ira Protr'om. ° the brltmal and 1W1 Property shallLye( nonex- standards and sent csl;ibti.' s
project a rise r Prndabie ro t of anr.
¢ran ret nl c be permi y .the was a�Y d« a a; It esti V procurement atRuiidchneseior the
Rowe',
Or ten red Ne Ofnedeb rZ1 Gave property PDlics, quiprncni
m the deduct Fed construction.and st.n.r
ever is D real of Ne Proccody6wh'�0 Federal agrney.� prtMP1IY nottiY ore assislance pro Grams.Thrs fur federal
LjR and hnoynj for Lye grsntee's es. to (S) Adrouate are furnished 1°ensue
cse stanJ.irds
D) if g c U' `hall be lm:1lemen Lcei cn k ce Drocedurrs mnlenals and srrvicesea foul such
the prD xrr7 a 4• 4utructtd to rty N goad con the efficiendv and rconomi
Iftw be condition MP PrvP• in are I1•Anined
Ibdery a,7eo y Id%7the�eNre eNtr_nscan�e ortn'vuiredetrotSell thcrae Pr �rtuNon:rd °DDI clablc F'cderal laDv unJ din
stuns of
as aotount n•hlcn hic ProccUUM3 shall b Y. prober orders. executive
U7 would Provide for a t'stablLthrd b.No addition competition to fequiremenis ar s 1 Procurement
Published by T11E DUREAU OF\' ubnrninat
A7fONAl AF c rf.'anls tini
FAIRS,'1�C•-36-
WASIII\CTON, D.C. 20037
EXHIBIT "F"
FINAL ACCOUNTING FOR PROJECT(S)
Final In-Kind
Costs
Itemized Amended Unexpended Absorbed By
Original List All Project Project Funds Contractor
Allocation Projects Cost Allocation (If Any) (If Any)
CAF121.tem
Rev. 8/10/89
-37-
I
J
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
Signature of Authorized City Official/Title
Date
CAF#21.tem
Rev. 8/lo/89
-38•-
J
EXHIG)"
(Continued)
For Community Development Use Only
Approved
Disapproved
Signature
Attachment:
1• Narrative Description
CAF#21.tem
Rev. 8/10/89
-39-