HomeMy WebLinkAboutR-1988-060 3
i
RESOLUTION NO. 60-88
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING 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 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 on this 22 day of
NOVamhar , 1988.
'MAYOR - COMMI36iOI+�
' ATTEST:
CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
By: z e
FR NK C. ADLER, City Attorney
60-88
Resolution No.
I J
1
A G R E E M E N T
Between
BROWARD COUNTY
and
CITY OF DANIA
1F,
for
PARK PROJECT
IN THE AMOUNT OF $45,000.00
PROVIDING FOR FUNDING AND ADMINISTRATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS
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Rev. 10/03/88
INDEX
ARTICLE
PAGE
I DEFINITIONS AND IDENTIFICATIONS 4
II PREAMBLE 6
III PROJECTS 7
IV FUNDING AND METHOD OF PAYMENT 7
V PROCEDURES FOR INVOICING AND PAYMENT 8
VI IMPLEMENTATION AND TIMETABLE 9
VII ASSURANCES 10
VIII FINANCIAL RESPONSIBILITY 14
IX INDEMNIFICATION 17
X EVALUATION AND MONITORING 17
XI TERM OF AGREEMENT 17
XII TERMINATION 18
XIII SUSPENSION OF PAYMENTS
19
XIV INDEPENDENT CONTRACTOR
19
XV ALL PRIOR AGREEMENTS SUPERSEDED 19 /
XVI NOTICES 20 I
XVII AMENDMENTS; ASSIGNMENTS
20
XVIII REPORTS, PLANS AND OTHER AGREEMENTS 21
XIX CONFLICT OF INTEREST 21
XX EXECUTION 22
XXI CONSENT TO JURISDICTION
�..� 22
XXII GOVERNING LAW
XXIII SEVERABILITY 22
23
XXIV LEGAL PROVISIONS DEEMED INCLUDED
23
GC Fk21 2
Rev. 10/03/88
INDEX
EXHIBITS Page
EXHIBIT "A" Project(s) 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" OMB Circular A-102 Attachment "N" 35
EXHIBIT "F" Final Accounting for Project(s) 37
• �h
EXHIBIT "G" Budget Transfer Summary Sheet 38
GCFN21 3_
Rev. 10/03/88
A G R E E M E N T
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
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,
< �p
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,
conditions, terms and provisions which follow, the DEFINITIONS and
IDENTIFICATIONS set forth below are assumed to be true and correct
and are agreed upon by the parties.
1 .1 ASSURANCES: means those assurances made by the SUBGRANTEE
to the COUNTY specifically set forth in this Agreement.
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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 the 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.
1 .8 GRANTEE: means Broward County, Florida, as Grantee of the
Broward County Community Development Block Grant Program.
ils' 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, "Com-
munity Development Block Grant Regulations"; OMB Circular A-102,
"Uniform Administrative Requirements for Grants in Aid of State
and Local Governments"; OMB Circular A-87, "Cost Principles for
State and Local Governments"; OMB Circular A-128, "Audits of State
°y and Local Governments."
1.12 SUBGRANTEE: means CITY OF DANIA municipality as subgrantee
for the Project(s) included in the Broward County Community
Development Block Grant Program.
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ARTICLE I�
PREAMBLE
In order to establish the
generally express the objec, context tives and intentions
frame of reference
for this Agreement and tog Y
of the respective parties herein, the following statements, representations
and
and explanations shall be accepted as predicates for the undertakings
commitments y the partiesin the, provisions as essential elements o'ch ow ad may be
f the mutualn
relied upon by
considera-
tions upon which this Agreement is based.
nt Act
74,
2.1 P.�e 93-383thconsol dated sever and al existing categorical al programs for
community development into a single program of Community De-
velopment Block Grants ( CDBG ) for the purpose of allowing local
discretion as to the determination of needs and priorities for a
development program. The needs and priorities of
community development in Broward County were determined by the
communityes and
Committee,
participating th�et�euB�olwardlCounty Community Development Block
Grant Program.
1 of he Rules and Regula-
2.2 tPursant onsuof HtU.D.0 the POrojeOcOt((s) were includedo 0 in the Browa d 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 prevention or elimination of slums
or blight;
(c) Activities eignedu to rge met community development needs
...fi having a particular
Under the Rules and Regulations of H.U.D. , the COUNTY is adminis-
2.3 e
Undr for the Program and the COUNTY is mandated to comply with
tratotatutes, rules an
various sd regulations of the United States and the
Rules and Regulations of H.U.D. , as to the allocation and expendi-
ture
of individuals who reside P n l as protecting
lBrowardhCountyQSFloridats of ertain classes
2.4 The COUNTY is mandated by H.U.D. to conduct all programs and
activities relating to housing and community development in a
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1�
manner which will affirmatively further fair housing. The COUNTY
will fund only those SUBGRANTEES who have taken steps to
promote fair housing.
2.5 COUNTY is desirous of disbursing the funds to the SUBGRANTEE.
However, as administrator for the Program, COUNTY desires to
obtain the assurances from the SUBGRANTEE, and SUBGRANTEE so
assures COUNTY, that the 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 the
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)
The 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.
ARTICLE IV
FUNDING AND METHOD OF PAYMENT
4.1 The maximum amount payable by the COUNTY under this Agreement
shall be Forty-five Thousand Dollars ($45 000.00).
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4.2 The COUNTY agrees to reimburse the 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 SUB-
GRANTEE 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 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 the COUNTY monthly
on the following basis:
(a) The SUBGRANTEE shall provide the COUNTY with a certified
copy of the bid awards, if necessary, authorizing the work to
be done on the Project(s).
(b) The SUBGRANTEE shall describe the Project(s) services it
presently has.
(c) SUBGRANTEE shall submit a certified copy of the purchase
order authorizing the services for which it is invoicing.
(d) If the 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) The SUBGRANTEE administrator or his authorized representa-
tive shall certify that the work that is being invoiced has been
completed.
(f) In addition, the SUBGRANTEE shall provide the COUNTY with .
monthly progress reports, as provided in Exhibit "C."
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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 the 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 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 the
COUNTY.
5.6 SUBGRANTEE agrees to expend the funds allocated to the Project(s)
by September 30, 1989. All funds not expended within the term of
this Agreement shall remain in the custody and control of the
IN 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
`y a full review by Division staff. Such referral shall be the first step
toward possib!e 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 the SUBGRANTEE and
submitted to the Division for approval prior to advertisement or
implementation as applicable.
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6.3 No construction work may be undertaken without written authoriza-
tion from the Division prior to the 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 Cie Project in the event that the work is not being
done according to specifications or when, in the Division Director's
judgment, the SUBGRANTEE or its contractor have violated federal
guidelines and 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 The 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 The SUBGRANTEE hereby agrees to comply with all applicable
federal, state and county laws, ordinances, and codes and regula-
tions. 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.
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 the 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
GCF421 -10-
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improved with the aid of federal financial assistance extended to the
SUBGRANTEE, this assurance shall obligate the 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, particularly those with whom they have family,
business or other ties.
7.7 The 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 reason-
ably impose, in addition to the aforementioned assurances provided
at, or subsequent to, the execution of this Agreement, by the parties
hereto.
Ilse 7.8 If applicable, SUBGRANTEE hereby agrees to carry out the reloca-
tion 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 The SUBGRANTEE hereby agrees to provide COUNTY with a
certificate indicating a full description of the SUBGRANTEE'S
Affirmative Action Plan or Program subsequent to the execution of
this Agreement, but prior to the commencement of any action by the
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 OMB Circular A-102,
Uniform Administrative Requirements for Grants-In-Aid to State and
Local Governments." Attachment P of OMB A-102, entitled "Audit
Requirements" is superseded by OMB Circular A-128.
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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 the COUNTY within one hundred twenty (120) 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 Disad-
vantaged Business Enterprises Affirmative Action Program require-
ments 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 the 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 require-
ments 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
I.Jp 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
SUBGRANTEE are subject to the Rules and Regulations of
H. U.D., and this Agreement 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 prorty acquired through a CDBG funded Project shall be
used fope
r 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, the SUBGRANTEE hereby agrees to transfer ownership
of the property acquired with CDBG Funds to the COUNTY, if
the COUNTY so requests in writing.
(c) All real property transferred to the 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 the 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
the SUBGRANTEE shall be returned to the 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.
(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
o 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
Attachment N of OMB Circular A-102 pertaining to property
management.
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(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, the SUBGRANTEE
shall conduct a lottery upon notice in a newspaper of
general circulation published in Broward County. Prior to
conducting the lottery, the 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, the 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 OMB Circular A-102
Attachment N as it relates to the acquisition and disposition of
nonexpendable personal property. OMB Circular A-102, Attachment
N is attached hereto as Exhibit "E" and by this reference made a
part hereof.
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,
the SUBGRANTEE agrees to adhere to the Davis-Bacon Act, 40
U.S.C. 276a-276a-51 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.
ARTICLE VIII
FINANCIAL RESPONSIBILITY
8.1 SUBGRANTEE hereby gives the COUNTY, H.U.D. , and the Comp-
troller General, through any authorized representative, access to
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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 docu-
ments in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided
by the 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 be responsible to
refund such monies in full to the COUNTY from nonfederal re-
sources, or if this Agreement is still in force, any subsequent
request for payment shall be withheld by the 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. The 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 Upon the prior written approval of the Director of the Division,
program income generated as a result of receipt of CDBG Funds
shall be used in one of the following manners:
(a) Added to funds committed to the Project(s) by the SUBGRAN-
TEE and used proportionally to the original funding allocation
to further eligible program objectives.
(b) Used to finance the nonfederal share of the Project(s) when
approved by the COUNTY.
(c) Used only for eligible CDBG activities as approved by the
COUNTY.
(d) Returned to the COUNTY upon written request of the Division.
8.6 The COUNTY shall have the right to audit and monitor any
Project(s) income as a result of a CDBG activity.
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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 the 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 Commit-
tee for Community Development or the Budget Review Subcom-
mittee, 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 the 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 the
SUBGRANTEE within two (2) working days.
(f) It is agreed that it shall be the responsibility of the SUB-
GRANTEE to keep its local citizen participation unit informed
of all budget transfers, alterations, modifications and amend-
ments.
8.9 SUBGRANTEE hereby agrees to submit to the Division within thirty
-•e� (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.
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ARTICLE IX
INDEMNIFICATION CLAUSE
9.1 The SUBGRANTEE, to the extent allowed by law, will at all times
hereafter indemnify and hold harmless, the 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.
SUBGRANT
9.2 forregoing ind mnifcations innArticle I on o IV of Agreement for the
ARTICLE X
EVALUATION AND MONITORING
The 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 satisfac-
tory 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 the
SUBGRANTEE agrees to furnish to the Division Director, the COUNTY
or their designees, such records and information, including copies and/or
transcriptions, as is determined necessary by the Division or the
COUNTY. The 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, the COUNTY or
., H.U.D. on forms approved by the Division Director.
)16
ARTICLE XI
TERM OF AGREEMENT
This Agreement shall commence on the day the Division Director
provides a written Notice to Proceed for the Project(s) to the
SUBGRANTEE and shall terminate on September 30 1989.
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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 the
SUBGRANTEE. Said notice shall be delivered by certified mail,
return receipt requested, or in person, with proof of delivery. The
COUNTY shall be the final authority as to the availability of funds.
12.2 If, through any cause, the 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
the SUBGRANTEE shall violate any of the covenants, agreements, or
stipulations of this Agreement the COUNTY shall thereupon have the
right to terminate this Agreement or suspend payment in whole or
part by giving written notice to the SUBGRANTEE of such termina-
tion or suspension of payment and specifying the effective date
thereof, at least five (5) days before the effective date of termina-
tion or suspension. If payments are withheld, the Division shall
specify in writing the actions that must be taken by the
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 the
SUBGRANTEE with CDBG Funds under this contract shall be
returned to the COUNTY.
12.4 Notwithstanding the above, the SUBGRANTEE shall not be relieved
of liability to the COUNTY for damages sustained by the COUNTY
by virtue of any breach of this Agreement by the SUBGRANTEE,
and the COUNTY may withhold any payments to the 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.
GCF#21 -18-
Rev. 10/03/88
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
The SUBGRANTEE is an independent contractor under this Agree-
ment. Services provided by the SUBGRANTEE shall be performed by
employees of the SUBGRANTEE and subject to supervision by the
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 administrative procedures applicable to services rendered under
this Agreement shall be those of the 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, agreements, or understandings concerning the subject matter
GCFk21 _19-
Rev. 10/03/88
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 County Community Development Division
Governmental Center, Room 336U
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
FOR SUBGRANTEE:
Mr. Robert Flatley, City Manager
City of Dania
100 West Dania Beach Boulevard
Dania, Florida 33004
Attn: Mr. Mike Smith, Director
Personnel/Community Development
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 SUBGRAN-
TEES or the Division after appropriate referral to the Committee.
In the event that COUNTY approves any modification, amendment,
GCFfl21 -20-
Rev. 10/03/88
or alteration to the funding allocation, the SUBGRANTEE shall be
notified pursuant to Article XVI and such notification shall con-
stitute an official amendment.
17.2 The COUNTY may, in its discretion, amend this 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 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 document executed with the same formality and of equal
dignity herewith.
17.5 The SUBGRANTEE shall not transfer or assign the performance of
services called for in this Agreement without the prior written
consent of the 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 the SUB-
GRANTEE 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 the 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
The SUBGRANTEE covenants that no person who presently exercises
any functions or responsibilities in connection with the Project(s) has any
GCF921 -21-
Rev. 10/03/88
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 the SUBGRANTEE or its employees shall be disclosed in writing
to the Division. It shall not be deemed a conflict as long as all purchas-
ing 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 statutory requirement that maximum
opportunity be provided for employment of and participation of lower
income residents of the Project(s) target area(s) .
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 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 XX11
GOVERNING LAW
The parties agree this Agreement shall be construed in accordance
with and governed by the laws of the state of Florida.
GCF#21 -22-
Rev. 10/03/88
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 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 Chair, 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
ATTEST:
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and Ex- By
Officio Clerk of the Board of SYLVIA POITIER, Chair
County Commissioners of
Broward County, Florida day of 19
GCF#21 -13_
Rev. 10/03/88
AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA
FOR PARK PROJECT IN THE AMOUNT OF $45,000.00 PROVIDING FOR
FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT
BLOCK GRANT PROJECTS
Approved as to form by
Office of General Counsel
for Broward County, Florida
SUSAN F. DELEGAL, General Counsel
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
BY
PAMELA s TTERRANOVA
Assistant General Counsel
SUBGRANTEE
WITNESSES: CITY OF DANIA
By
Mayor-Commissioner
day of 19
��•oF ATTEST:
By
City Clerk City Manager
day of 19
(CORPORATE SEAL)
APPROVED AS TO FORM:
BY
PST:smc City Attorney
DANICDBG.A01
10/31/88
GCF#21 -24-
Rev. 10/03/88
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.
G C F#21 -25-
Rev. 10/03/88
14TH YEAR CDBG: CITY OF DANIA — PROJECT IMPAC
CAPITAL COMPONENT
EXHIBIT "B'!
COSTS/BUDGET FOR PROJECTS)
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
D. Equipment
E. Supplies
F. Contractual $5000.
G. Construction $40,000.
H. Other
I. Totals $45,000.
GCFe21-26
Rev. 9/1 /87
-26-
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. 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 costs to be
covered by non-CDBG resources .
i 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
M .F Street ; and N.W. 8th '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,
GCF$21-27 benches, grills and trash
Rev. 9/l/87 cans .
-27-
L�
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
q o Most other categories of cost are generally allowable under the cost
principles provided the costs are allowable and reasonable. General comments
on individual cost elements are listed below:
Salary costs are generally allowable provided they are based on actual current
salaries adjusted for any anticipated cost-of-living or merit increases during
the grant period. Salary costs for unidentified new employees must be
consistent with the organization's overall employee compensation structure.
The organizational compensation policy should not change as a result of
obtaining a federal grant.
Fringe Benefit costs such as pay for vacations, holidays, sick leave, employee
insurance, and unemployment benefits are allowable to the extent required by
law or established organizational policy.
GCFk21 -28-
Rev. 10/03/88
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 equip-
ment not fully utilized under the grant must be allocated to other organization
costs to assure a fair share distribution. Whenever practical, used equipment
should be considered in meeting equipment needs.
Material cost directly associated with the project are allowable. Prices must
generally be justified through competitive bids except for nominal purchases.
Subcontracts must be awarded on a competitive basis except in extraordinary
circumstances. The same principles applicable to individual cost principles for
grantees are generally applicable cost-reimbursement type subcontracts under
grants.
iN
Consultant agreements should inciude 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 operat-
ing expenses.
GCF#21 -29-
Rev. 10/03/88
L
L�
EXHIBIT_ C" -
MONTHLY PROGRESS REPORT
A. Project Information
Date of Report:
Agency:
Person Preparing the Report:
Title:
Signature:
Date _
Project Title and Number:
Project Start-up Date:
Estimated Project Completion Date:
h
B, 1. Project Cost
Funds Expended Percentage
to Date
Total Project $ $
CDB—wing $ g
Othe— r Funding g $
- (State Source) $
2. Percent of Project Completed to Date:
G C F021 -30
Rev. 10/03/88
EXHIBIT "C"
(Continued)
C. 1 . Brief Project Description & Project Location
2. Describe Specific Work Tasks and Quantified Accomplishments
Completed this Month
Task Qualified Accomplishments
This Month
3. Describe Success or Problems Encountered with the Project
G C F421 -31-
Rev. 10/03/88
EXHIBIT "C"
(Continued)
4. Anticipated problems or concerns with project with which the
Community Development Division could assist you.
G C F#21 -32-
Rev. 10/03/88
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14TH YEAR CDBG : CITY OF DANIA - PROJECT IMPAC
CAPITAL COMPONENT
EXHIBIT "D"
TIMETABLE/SCHEDULE FOR PROJECT(S )
WORK TASK(S ) TIMETABLE
Start-uD ComDletion
1. Developmedt of passive
waterfront park on N.W.
14 Way Nov, 1988 April 1989
2. Sidewalk refurbishment
and installation on N.W.
2nd Street; N.W. 8th Ave-
nue and N.W. loth Avenue.
A. Selection of Engineer
ing Firm Nov. %1988 Dec: 1988
B. Engineering Specifi-
cation Jan. 1988 April 1989
C. Advertising and
Award of Bid April ' 1989 May 1989
D. Construction of
sidewalk and curbing May 1989 Sept. 1989
GCF;21-34
Rev. 9/l/87
-34-
EXHIBIT "E"'
09:1550
OMB CIRCULAR A-102 ATTACHMENT "N"
ATTAcmatrr N—C17ct7_ta No. A-102 vldes the Federal sponsoring agency aith Ices Administration. Aoproorlate dL-zo-
}xO1QiTSCAN E31tarSTiC(PUP3 adegWace authority, stton mscrucuoas :ill be Issued to Lac
7. Real property.Each Fedetran grant- recipient after completion of Lhe Federal
1.T.t's Attachment prescribes uniform or agency shall prrscnne requtremenLS agent] renew.
standards governing the utilization and for grantees concerning the use and du- S. Ezempe praperfir. Wnen statutory
d$pasn:lon of property fumslicd by the position of real property funded partly auth0nt7 cxstx tit:e to nohex;endable
Federal Government or acquired In or wholly by the Federal Government. personal property acowred with :'role-'
whole or In 'Part with Federal funds or Unless otherwise Provided by statute. funds shall be ve:tea In :he
'whose cost wu.chanled to a project sup- such milul:ements. as a nrin.Lmum, shall upon ccQWsitjon •miesS it Is deter aped
ported by a Federal grant. Federal contain, tte following: that to ea so is riot tit the furtherance
grantor agencies shall requrre gT:uttees (a) Title to rent property shall vest in of the ob;ect'ves o: t`.e Federal sponsor-
to Observe these standards under grants the recipient subject to the connition Ing agency. When title is vested,3 :ha
from the Federal Govemment and shall that the grantee Snell due the real Prop- recipient the rmlo!cr.t shall have no
not Impose additional requirements un- erty for Cie autrorzed purpose of the Wrier ooltgauon or aecottntabllitY to the
Jess specifically required by Federal law. original gruna as lone es needed. Federal Government for is use or d:s-
The grantees shall be authorzed to use (b) Tine grantee shalt obtain approval position except as oronded In ea below.
their own property management stand- by the grantor agency for the use of Lie a. Other nonezpendebte preperr7.
ards and procedures as long as the pro- real property In other Prolects when '•Vhen otli-r nortex"ric able tanno.e
yLslons of this Att3phmrnt am Included. the grantee determines that the properly Property is acquired by a grantee witia
2. The following deMltlors apply for is no Ionzer needed for the on::uLal crunt Protect funds t:t.e shall not oa taken
the purpose of this Attachment: purposes. Use in other projects whoa be by the Federal Goverrunent but snaU
(a) Real properrj o. Real Property limited to those under other Federal vest the grantre suplec::a the (olloa•-
means lard. Ineluding land Improve- grant programs. or programs that hs.v'e ing :
mends. structores and sppumenantes purposes consistent with those autLor- (a)) JZ Rlqecht r. t to o transfer title. For ::z^s
thereto, excluding movable machinery Led for support by the grantor. of nonexpeIt Uq personal p:opens
and equipment (c) When the real property is no Ionz- having a unit deraliitlOn 7=t of 3:d:o
(bl Personal property. Personal prop- er needed as provided m a and b above, or more. C.t FCd zj.r Cie may to Lhe
erty of 3n7 Rind except real property. It the y-antee shall request dsoost[ton L1- the right :e imam o the title W L:e
may be tanejble—navujR physical exist- strucuons from the Federal agency or its Federal Government or to a merjtt= when
ante, or (ntanablc -having no physical successor.Federal agency. The Federal names b7 the Feder-1 Otherwise
w-en
ex stence. such- as patents. inventions. agency shall observe the follow" rules such Lh:rd pare? to ot.' Sum
:sery-
In the disposition r,uruottons• Caner all treg statutes.' �ucn :eon-Ing
nod t None:r ts. Can shall ;,a sublet. ::c foliow'rg
(el Fonesarndable personal property. (1) The grantee may be permtttcd to- standards:
Ifonexpendable personal property means retain title after it compensates the Fed- (1) TT:e g,-ottry shall be approa::-
Unalble personal property having a use- oral Government In an amaunt computed ately identutcd m the izratlt or c':cr-
fW life of more than one year and as by applying the Federal percentice of, wise mace biotin to L:e g:anwe ia
acquisition test of 3300 or more per unit. partictoatcon In the ccetaf the or.=PJ writing.
A ;antee n:av Ise its own defirutlon of Protect to the fair marcet value of the (3) T'ce Federal :tzency shall
nonexcendable Personal p.operry pro- property. dsoosittoo ILs:roc Corr whin 1_7
vided:hat such dedni[lon would at least - (2) The grantee may be directed to chase days after the cnd of the F:•de:al
Include all tangible personal Property 3$ sell the property under guidelines pro- suppOra of the project :sr =h'ch :t t'.'as
detlned above. vided by the Federal agency and pay the acqused. Lf the Ftde:al agency lwt s :o
(d) E-endebte personal property.£r- Federal Government an amount cOm- Issue disposition Instructions w'thln ---e
;rndable Personal property refers to all Puted by applying the-Federal percent- 110 c J,,e,r.d3Y r11W. the srant�
taorble Personal Property other than age of PanlcIMtlon In the cost of the shall apply the S=..ca:ds of
nonexpenaable property. original pro)-cc to the proceeds from We graph 6(b) and 6(c) as aPprOD::gte.
(e) Fzccss properly. Excess property (after deduc:lnz actual and cawnable (3) When the Federal agency exer-
means property under the control of any selling and A.'(-uo expenses. t1 any, from etse, its r:ght to take ut:e. the rerso:al-
Federal arencY which, as determined by the sales proceeds). When the grange:is, property shall be subject :o We P:Ovt-
.} the hear thereof. is no longer rMtiL•cd authorized or tegtu:ed to sell the prop- sloe r.
s for federalls-ozea noncxpendaJ!e
for it:needs or dLsch=e of Its responsl- erty. Proper sales Procedures shall be es- property discussed in paragraph .1.
bWtles, tabLshed that Provide for competition to above.
(f) AcauistUon cost o1 purchased non- the extent practicable and mutt In the (4) When tlt:e is t:arsfercd ei:_er
expendable Personal proper!V. Accut- highest possible return. to the Federal Govern_^tem or to a third
31U011 cost of an item of purchased non- (3) The grantee may be directed to party. the DrOv'u!Orj of subparagraph
expendable personal property means the transfer title to the proccrty to the Fed- 6(c)(2)(b) should be faL'owea.
net Invoice unit price of the property m- eral Goverment provided that in such (b) Vie of o(bcr tca;:Ote nonrzpa,a.
el7dmg C.c tort of moduications.attach- cases the grantee shall be entnled to able properr/ for uh'c.1 Mc Praat,r n.s '
menu. accessories. or auxiliary appara- compensation comouuU by applying the title.
lus nece.sary to make the property Wa- grantee's potentate at participation In (I) The grantre shall due Lie proper.
bit frr tl:e purpose for which it was the cost of Lie Program or proieec to the ty In the project or program for w'h:ch
acquired. Other charges such as the cost current fair marbee val:je of the prop- it was acquired as lone needed.
'01 I.'ctallauon. transportation, taxes, erty. whether or r.oc the pro:cct or Prcgra:r
dut7• or protective m-traiule Insurance. 4. Federalty owned nonernenddtle continues to be sunvOrtal by FMernl
snn❑ be included or excluded from the PMOnal property. Title in federally fuadi. When no IPneer nceeiv j to. the
unit acounlllon Cast in accordance with owned property rcmatrs vested in the original project or procram• Cie grantce
the granters regular aecountinit pr3e- Federal Government. f1mlplents shnll shall due inn Merrily la connection wj:n
tikes. submit annualiy an inventory lutlnc of Its aener led Ually sponsorr i ictivi[%,
(9) Ezemnt......IV.Exempt property f=derauY OWr.cd Propety III mclr custody in the foijowmn- order of priority:
means la'f¢iole personal PropertY ae- to :he Federal .tecricy. Lyon completion (a) Activities SjUnsarrd by Lane some
quu(d in wnole or in part with Federal of the 0Zreemcrit or when the property Federal Agency-
lames.and [rile to wn¢h is vested in the Is no Ionizer needed; the ierantee snail (b) Activities 6poruared by other F'ed-
rec'Otcat without further obUgatlon to report the property to tic Federal agency erzl accncim.
the Federal Goserr_T.ent exc CJt as pro- for further agency ut'l"L'On. 12) srcred wt. Q'Jnrc the time that
video In ct ZDaiagvaPn da below. Such 11 Cie Federal SRenc7 his no further none.x.cnnable fWnOrtal Proeerty t: held
tmcona:t:�n•It vntmg of t:z:e %,,I ee Put. need!or t.^.c prcnertY.It shall be declared for tie on tee Projat or P:o;r.vm jar
iusjt t)y).Fec,ral leg:sjatjo, that Pro- excess and rep, rlca W V.e General .$er V- which It was acquired. L.e grant" L%,u
F�Mol.,J ev TIIL PURI .%U OI' N ti ON%L AI I'aIR S. IMC.. tt'A\III\GTON, DC. ::017
-35-
CO.IIilIU\TITY DEVELOPhIE\TT ?LOCK GR_aN'rg
09:15'
4DR RF-1
r .
make It available for use on other Droj- Is computed by applying the'Dtreentaae the "tent practicable and result L-
ects or programs If such oth,, use will of the grantee participation In the cost hIZbc3t ptamble return.
not Interfere with the Work on the pro)- of the original grant project or DroTmm 7. Ervcndable personal property.
eel or PlcqrzMILLYm for which the eeroGrcy to the current fair market value of the to expendable personal protaerty for uch other
use
First preference pro=ry..plus any reasonable shipping vest In the grantee upon acquulln
for Such°they use snail be given LO other or•Interim storage cots incurred. there s a mtduel Inventory Of
' FederProjeal
Or programs financsponsoed
tbl by the (c) If�f! grantee is Instructed to Property excttding;1.000 In total a-'
MY: sl agency that Lnatrhal ebe•riven otherwise dispose of the property, the Bata Slur market value, u
trty: second Preference am anal! a dlven pea tern
to projects or Programs sDoriosied by ���shall tes•elmbursed by the Fed- ttgn or completion M the great n:
other Federal 'geodes. u the property eral•agency for such costs incurred in the Property is not needed for am c
La' owned by the Federal Government• Its disposition, federally.6POr3ored project or pro;
use on otiter•activltie not sp0asoted by (d) ProDerfv management standards this grantee shall retain the proper;
the Federal Government shall be per- for unexpeMable property.T'hc Gmnt- use on nonfedersily-sporesored actir
miulble if authorized by the Federal ee's Property managcmcnc standards for or sell IL but must in either case, r
agency. User charges should be con- nonexPendable Personal Property shalleas
pate the Federal Government fc
aidered If appropriate. Include the f.•Uowng procedural require- share.The amount of compensation_
(e) Ditposiffon Of other nonespend- merits: bO computed in the same marine.
able property. When the grantee no (1) Property records shall be main- nonexpendable personal property,
longer needs the property as provld°d tilined accurately and shall include: 8. IntanotbLc 9roperty.
in uh above;the property may be used (s) Ad of the property. (a) lnoenriorta and pafenl.L IS
for other activities in aceorda¢ce With rb) hfanufa°turer's serial number, Program Produce .patentable It
the following standards: model number, Federal stock number, patent rights, processes. or caveat:
fly NonexDendable property with a national stock number,or other!dentin- In the course of work sParisored by
unit acquisition cost of less than S1.000. cation number. Federal Government,such fact she
The grantee may use the Property for (c) Source of the property including promptly and fully reported to the :
other activities without reimbursement grant or other agreement number. eralaReacir.Eral=there is a PnaraG
to the Pedera! Government or sell the (d) Whether title vests In the grantee meat between the grantee and the I
Property and retain the Proceeds, or the Federal Government oral agency on disposition of such It,
(a-) None (e) Accuuttion date for date received, the Federal agency shall deter_xpendable personal 'Property if the property was furnished by the
whether protection on the mventio:
with a umt acqu srtl°n cast of $1.000 or Federal Government and cost. discovery shall be so„X^[, T,e Fe-_-
trey The Grantee may retain the Drop- [f) Percentage tat the end of the agency will"IsOdeterIa nehow the r.
eery for other uses provided that corn- bud_et year) of Federal participation in in the invention or discovery, Ingle
Pensatlon is made to the original Federal the cast of the Project or program for rights antler any patent Issued Lire;
agency or its Successor.,The amount of ,which the property was acquired, rYoc N°LL be adoc.uted and admmLstiafe
eamcensatlon shall be computed by an- apDliesb to property fuznuried by the order to protect the public incermt c
DIYNR the percentage of Federal Par- Federal' Yertimentl atstent with"Government Patent Pq:
Project
o n the cost of the Current fatilir (g) I.dfatlon. rue, and co¢dlt'Oa of (President's LtemOrandum for Heat
project v program a pro euy. If lair the property and the date the In.0ma- v xecutive Oeparmuents and
gragrantee value of the property.Prop. It Ne August 29. 1971. and statement f c
' the
Pro has no need th the property and iron was it acquised.ition
'enunent Patent Policy as Property has further use value• the (h) Unit acquultio¢ccet. FR 16889). Parted L.tTantee shall request dtspositlon irsstrue- (1) VUL•nate disposition data, L•iclud- (bt CODIrrichts. Except aS other
tions from the Original grantor agency, Ing date of disposal and spies price or Provided in the terns and condl_or
The Federal agency shall determine the method used to determine current the agreement the author or the c--!
whether the property can to used to fair marxet value where a grantee com• organization is tree to coDYnRht
meet the aRency's requirements. If no Pemates theFederal agencyfor Its share. booL•t, pubteations. or other eopyr. '
requirement exists w:Nn that agency, 1 (2) Properly owned•by the Federal able materials devel°
the availability of the or urger a Ded in the tour.
be reported, property shall Government must be marked to indi- Federal agreement, but
1n accordance with the Bate Federal ownership. Federal agency shall reserve a'roye
Suldellnes of the Federal Property (0) A Ph)slcal inventory of Property fir nonexclusive and irr_vOcable r
dfanseement Regutlatlorts (F?TvM), W shall be Laken-and the results reconciled to reproduce. Publish, or otherwise
the General Services Administration by with the property records at leas[ once and to authorize others the Federal agency to determine whether every two years.Any dlSere t l between for Goverrvnerit to tie, the c
M.
It requirement for the Property exists n 9. Ercess sonar tpr
other Federal agencies. quantities determined b)• the ptysL a1 pCTJOR� Dvez t d lit
m
ner The Federal inspection and thoce shown In rue ac• title to excess property u vestry In s
agency shall issue Instructions to rue counting records shall be investigated to ees such property shall to "counted
grantee no later than 120 days after determine the causes of the dlSerence. Md dined of ina°c°rdance with p.
the granite requesc and the following The grantee shall,In connection 71th the MPly d(c) and 6(d) of this a,ta,,
procedures shall Govern: Inventory, verity the exur.enee• current Arrlctuirrrr O._Cry
(a) 11 so Instructed-or if disposition utilization, and continued need for the dotba No.
lruti`UMOM are not L•sped within 120 properly.
calendar days after the racabilil) srtwAaa '
quest' Ne•Rr'antee shall sell the s re- f4) A control system shall be n eflttt 1.Appficabifi( •. s erty and reimburse the prop- to Insure adequate safeguards to Prevent )
an amount computed b Federal agency toss• damage• or theft of the properly, a•This At[Jenment estilblishr•s
sales proceeds y PpIy1t to Feder,
Aa7 loss. damage, or theft of nonce- standards and guidelines for th0
the Percentage a Federal pcnd°ble property shall be lilvestigaLm procurement of supplies.equipment.
Participation In the wit o! the on Gina! and fully documented; ![ the property constnlction,and se•nicrs rise}•edrrai
9TInue h pbe per ted to r, .the was owned by the Federal Government, ass is lance n.andms.These scan
and vet n be permltttd to deduct the Grantee shall promptly notify the
or t n Per from the Federal share 1100 lards
or ten percent of the Federal rigeney. are furnished to ensure that zucn
ever s Reenter, for a Procceds, which (5) Adequate mnntenance procedures mnterials and services are ubiained
nR and handling exDert;es�sntee's eeU• shall be implemented [o keep Nr prop e(ficicnily and ccanomicuily and :n
(b) If the grantee L instructed to erty n Good condition. compliance with the Provisions of
ship the Property eL•ewhere the grantee (8) Where the grantee is authorized applicable Federal law and Execulice
I Hall be re(mbur,":d by the bufetl Line or required to sell the pmreny. Dro_,cr orders.
Federal agency with ad amount which ales racewoul res shall be competition
bluh rd b.No addibunal procurement
petition to requirements or subnmin:toe rrqulann
Pobhthcd by THE OUREAU OF NATIONAL AFFAIRS,'I;;C., •+'ASi11NGTON. D.C. 20037
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L�
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 An (If Any)_
GCF#21 -37-
Rev. 10/03/88
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
G C F#21
Rev. 10/03/88 -38-
1�
EXHIBIT "G"
(Continued)
For Community Development Use Only
Approved
Disapproved
Signature Date
Attachment:
1. Narrative Description
GCFk21 -39-
Rev. 10/03/88