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HomeMy WebLinkAboutR-1991-059 J 1 RESOLUTION NO. 59-91 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT BETWEEN THE CITY OF DANIA AND BROWARD COUNTY REGARDING A COMMUNITY DEVELOPMENT BLOCK GRANT FROM COMMUNITY DEVELOPMENT DIVISION OF BROWARD COUNTY RELATING TO SAFE NEIGHBORHOOD/REVITALIZATION; AND PROVIDING FOR AN EFFECTIVE. DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: , A Section 1 . That the agreement between the City of Dania and Broward County regarding a Community Development Block Grant from Community Development Division of Broward County relating to Safe �i Neighborhood/Revitalization, a copy of which is attached hereto i 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. i PASSED and ADOPTED this 28th day of May 1991. AYOR - COMMISSIONER ATTEST: 'CITY CLERK -'AUDITOR APPROVED AS TO FORM AND CORRECTNESS By: �7 FRANK C. ADLER, City Attorney Resolution No. 59-91 i � 1 A Yi 1 V For Governmental Entities A G R E E M E N T Between BROWARD COUNTY and CITY OF j for „ u SAFE NEIGHBORHOOD/REVITALIZATION PROJECT IN THE AMOUNT OF $62, 200.00 OR FUNDING AND PROVIDING MMINISTRATION OF UNITYFDEVE DEVELOPMENT BLOCK MGRANT PROJECTS CAF#21.TemHIBI • (`" -" Rev. 7/18/90 1 4 INDE-X PAGE ARTICLE 1 I DEFINITIONS AND IDENTIFICATIONS 3 II PREAMBLE . 4 III PROJECTS 4 IV FUNDING AND METHOD OF PAYMENT 5 V PROCEDURES FOR INVOICING-AND PAYMENT 6 VI IMPLEMENTATION AND TIMETABLE 7 VII ASSURANCES 12 VIII FINANCIAL RESPONSIBILITY 14 IX INDEMNIFICATION 14 X EVALUATION AND MONITORING 15 XI TERM OF AGREEMENT 15 XII TERMINATION 16 XIII SUSPENSION OF PAYMENTS 16 XIV INDEPENDENT CONTRACTOR 17 XV ALL PRIOR AGREEMENTS SUPERSEDED 17 7 + XVI NOTICES 18 G xvII AMENDMENTS; ASSIGNMENTS 19 XVIII REPORTS, PLANS AND OTHER AGREEMENTS 19 W XIX CONFLICT OF INTEREST 20 � XX EXECUTION 20 XXI CONSENT TO JURISDICTION 20 XXII GOVERNING LAW 20 XXIII SEVERABILITY 21 XXIV LEGAL PROVISIONS DEEMED INCLUDED CAF#21•Tem _i- Rev. 7/18/90 i 1 t INDEX EXHIBITS PAGE EXHIBIT "A" Project(s) Description 23 EXHIBIT "B" Costs/Budget for Project(s) 24 EXHIBIT "C" Monthly Progress Report 28 EXHIBIT "D" Timetable/Schedule. for Project(s) 32 EXHIBIT "E" 24 CFR 85 33 EXHIBIT "F" Final Accounting for Project(s) 34 EXHIBIT "G" Budget Transfer Summary Sheet 35 EXHIBIT "H" Funding Agreement History 37 f i CAF#21.Tem Rev. 7/18/90 -ii- ' 1 i t Y: 1 A G R E E M E N T Between BROWARD COUNTY and CITY O�A for SAFE NEIGHBORHOOD/REVITALIZATION PROJECT IN THE AMOUNT OF $62,200.00 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS aA , �{ This is an Agreement between: BROWARD COUNTY, a political j subdivision of the State of Florida, throu ts suc hcessoBoarddofsCounty 5 hereinafter referred to as "COUNTY, " 9 Commissioners, 0 '1 AND K p p THE CITY OF DANIA, a Florida municipal corporation? 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 thevarious DEFINITIONScovenants, and conditions, terms and provisions which follow, IDENTIFICATIONS set forth below are assumed to be true and correct and are agreed upon by the parties. e made by 1. 1 Cow NCEecifical set n means sforth assurances UBGRANTEE to in this Agreem t CAF#21.Tem Rev. 7/18/90 1 t Mi r RAM or ITy DEVELOPMENT BLOCK GRANT pl ed- by 1,2 BROWARD COUNTY COMMUNITY Development Program apP PRO_ means Community the United States Department of Broward County and awarded by ursuant to Title Housing and Urban Development as authorized P of 1y74 public Law I, Housing and Community Development Act , 93-383 , as amended. Grant elopment Block ty Dev, 1.3 CDB_ G— F—the'moniesns the given tooSUBG1RANTEE pursuant to the terms Funds; of this Agreement. ment means the Committee for Community Develop 1.4 COMMITTEE*. No. 84-3 . created pursuant to Broward County 1.5 COUNTY: means Broward County, Florida. 1.6 DEPA_ RTMENT means the Finance and Administrative Services Department of Broward County, Florida. Broward Development Division of i 1.7 DIVISION: means the Community }' County. means Broward County, Florida, as Grantee of the -- Community Development Block Grant Program. 1,g GRANTEE: Broward County artment of Housing and 1.9 H.U.D. : means the United States DeP Urban Development. or projects set forth in means the project„ �� entitled Scope of Services ArtJ_Article III hereof, and Exhibit A i and Timetable. "Com- means 24 CFR 570, ment Block Grant Regulations" ; 24 CFR 85, 1. 11 RULES AND REGULATIONS OF H.rant Grants and Cooperative . munity Develop "Administrative Requirements for Recognized Indian Local, and Federally Principles for Agreements to State, OMB Circular A-87, "Cost Prin"A Tribal Government"; OMB Circular A-128, "Audits of State and Local Governments"; State and Local Governments." municipality as 1. 12 su g— ANTES: means the City of the Pro] Community included nin/the Broward County Community Development Block Grant Program. CAF#21•Tem -2- Rev. 7/18/90 i t ARTICLE II PREAMBLE In order to establish the background, con r express and frame tof ll reference for this Agreement and to generally ex P 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, ct of 1974, 2.1 Title I, of the Housinconsolidated d and community everalDevelopment existing A categorical P.L. 93-383 , of programs for community development into a single program Community Development Block Grants ("CDBG") for the purpose of allowing local discretion as to the determination of needs + -4 and priorities for a community development program. The needs and priorities of community development in Broward County were y. 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 an Regulations of H.U.D. , the Project(s) were included in the 3 i 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 prevention or elimination of slums or blight; (c) Activities designed to meet community development needs having a particular urgency. 2. 3 Under the Rules and Regulations of H.U.D. , COUNTY is adminis- trator for the Program and COUNTY is mandated to comply with various statutes, rules and regulations of the United states as to and the Rules and Regulations of H.U.D the theallocation interests and expenditure of funds as well as protecting 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. CAF#21.Tem -3- Rev. 7/18/90 COUNTY will fund only those SUBGRANTEES who have taken steps to promote fair housing. UBGRANTEE. 2.5 COUNTY is desirous of disbursing the funds to Sto However, as administrator for the Program, COUNTY desires SO obtain the assurances from SUBGRANTEE, and SUBGRANTEE statutes, so assures COUNTY, that SUBGRANTEE will comply with the statutes, rules and regulations of the United States, the Rules and U.D. the State of Florida, and applicable Regulations of H. , f COUNTY relating to the Project(s) and codes and regulations o the Program, as a condition precedent to the release of such funds to SUBGRANTEE. o be taking actions designed to 2. 6 Any SUBGRANTEE found for sale or rent within the discourage affordable housing 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. l ARTIC_ L_E III y '.Z PROJ�� agrees t0 provide and impl ement the SUBGRANTEE hereby a9 following eligible Project(s) : SAFE NEIGHBORHOOD/REVITALIZATION PROJECT I This proposal was submitted and appr oved in the 16th year process. Such Project(s) is (are) more specificath s refe re madetafpart in Exhibit "A" attached hereto and by hereof. A _RTICL E IV FUNDING AND METHOD OF PAYMENT 4 .1 The maximum amount payable by COUNTY under this Agreement shall be $62,200.00. 4 .2 COUNTY agrees to reimburse SUBGRANTEE for the 11 Project(s) expenses incurred as provided for in Exhibit ov ded for in hereto, provided suspension of payment as p t occurred, and provided further Article XIII hereof has no CAF#21.Tem _4_ Rev. 7/18/90 k- 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 XII hereof. 4 .4 COUNTY shall pay SUBGRANTEE as specific consideration for the indemnification of Article IX, the sum of ONE DOLLAR ($1.00) in cash, the receipt of which is hereby acknowledged by SUBGRANTEE. ARTICLE V PROCEDURES FOR INVOICING AND PAYMENT 5. 1 SUBGRANTEE, a municipality, shall invoice COUNTY monthly on the following basis: (a) SUBGRANTEE shall provide COUNTY with a certified copy of the bid awards, if necessary, authorizing the work to be done on the Projects) . 1 }; (b) 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. i (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 representa- tive shall certify that the work that is being invoiced has been completed. (f) In addition, SUBGRANTEE shall provide COUNTY with monthly progress reports, as provided in Exhibit "C. " 5.2 Upon receiving the invoices, reports and other materials as described by Section 5. 1, the Division shall audit such bid awards, contracts, reports and invoices to determine whether the items invoiced have been completed and that the invoiced items are proper for payment. 5.3 Upon determination by the Division that the services or material invoiced have been received or completed, the Division shall authorize the Broward County Finance and CAF#21.Tem Rev. 7/18/90 -5- l . 4.: Administrative Services Department to make payment to SUBGRANTEE the amount it determines, pursuant to the audit, to be payable. 5.4 For purposes of this section, invoices, reports and other materials as described in Section 5. 1, shall not be honored if received later than sixty (60) days after expiration or termination of this 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. 5. 6 SUBGRANTEE agrees to expend the funds allocated to the Project(s) by June 25, 1992. 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 !i 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 i, .'y' 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. CAF#21.Tem Rev. 7/18/90 -6- r- i i Yi 1 .. I each Project, "as-built" drawings, when 6.5 At the completion of Division for approval to the necessary, shall be submitted prior to final payment. 6. 6 The Division may issue a Stop Order to SUBGRANTEE which will ect in the event that the work isthe ot on the Provo specifications or when, halt all work SUBGRANTEE or its contractor being done accordingud judgment, regulations, the Division Director s 7 �guidelines and of this violated federal 9 or the provisions have contained herein, assurances Agreement. ARTIC AsSURANCFS to Comply with the provisions of her, agrees uidelines for 1' 7 .1 SUBGRANTEE obligation for CDBG Funds in Section 202, Executive obl 9 with the applicants on equal Opportunity 3 ; regard to construction contracts. least the Division at SUBGRANTEE hereby agrees to submit to written notification SUBGR j 7 .2 ior to the actual date, 1!1! two (2) weeks pr rebid and construction contracts. r of all P all applicable hereby agrees to comply with codes and TEE h county laws, ordinances, and 7 ,3 SUBGRAN between the above federal, state and regulations. Any conflict or inconsistency regulations and this federal, state or county guidelines and the more restrictive I Agreement shall be resolved in favor of regulations. agrees to act in accordance with person in 7 .4 SUBGRANTtle VI EE hereby 9 P.L. 88-352) ' color, or Rights Act of t of race, of the Civil Rig on the ground. ation be denied the United states beshall, from particp national origin, or be otherwise subjected to discrimination for which SUBGRANTEE receives the benefits of, will immediately take any under any program or activity If any real to effectuate this Agreement. federal financial assistance an rovided or improved with the measures necessary extended to SUBGRANTEE? property or structure thereon is P the case of any aid of federal financial ate SUBGRANTEE or in for the period this assurance shall obeT y, any transferee, used for a transfer of such P P ro erty or structure is during which the real property of similar purpose for which puhe�r involving eral theaprovision o extended or for another services or benefits. CAF#21.Tem -7- Rev. 7/18/90 t .. 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 SUBGRANTEE hereby agrees further that it shall be bound by the standard terms and conditions used in the Gant aant s H reement U D s may and such other rules, regulations or req uirreasonably impose, in addition to thethe fo emend ned assurances provided at, or subsequent to, of this Agreement, by the parties hereto. , SUBGRANTEE hereby agrees to carry out the 7 ,8 If applicable h a manner as to provide displaced relocation process in suc Arlpersons with uniform and consistent services, and assure that ailable in the same range o persons replacement housing will be av choices with respect to such housing to al r displaced p national origin l' regardless of race, color, religion, an stance pursuant to the Uniform Relocation Assias amendeda Real Property Acquisition Policies Act of 1970, 1 { ' 7 .9 SUBGRANTEE hereby agrees to provide COUNTY with a certificate ' indicating a full description of went to BGRAI theexecution Affirmative athis Action Plan or Program subsequent action by h' Agreement, but prior to the commencement of any SUBGRANTEE in consequence of the terms and conditions hereof. with the requirements and 7. 10 standards hereby agrees to compl"Principles for Determining standards of OMB Circular A-87, Costs Applicable to Grants and Contracts with State nments 1� , and Local 24 and Federally Recognized Indian Tribal Goverentitled "Audit CFR 85. Attachment BbCircular MB CircularA-102/A-128. Requirements is superseded 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 the optioneofnthat operations of the local government or, enc that government, may cover only the department or ag Y received, expended, or otherwise administered the federal within one funds. Such audit 8 days after theTY lose of the fiscal year hundred eighty ( rant funds from COUNTY of the governmental entity. All g the annual should be shown via explicit disclosure in CAF#21•Tem -8- Rev. 7/18/90 t , 4: 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 r all Of $10,000mt a regulations acts more awarded by 00 or SUBGRANTEE pursuantr 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 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 rov de his/her a copy intent to enter into a lease or sublease, p of the proposed lease or sublease and obtain the ' `1 E shall / intends to writing that he or / t Division's consent. SUBGRANTE she Lessor or Sublessor in lease real property owned or controlled by Lessor Sublessor to build the Project with CDBG Funds provided f !i for in this Agreement. The written notification shall the particularly describe the land, and theshall also Project, provide projected use of funds. SUBGRANT of ehis Agreement and the Lessor or Sublessor with a copy M1, Rules and Regulations of H.U.D. Any such lease or ich states that each sublease shall include a provision wrees and understands V party to the lease or sublease ag 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. (b) Real property acquired through a CDBG funded Project shall be used for the provision of affordable housing, ility, utility construction of a neighborhood fa roved activities construction or other specified and approved ro ress and shall demonstrate significant material p g 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, propertyEacquired w th Irees to transfer CDBG Funds to COUNTY,11if COUNTY of the so requests in writing. CAF#21.Tem -9- Rev. 7/18/90 i i t (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 home buyers at no cost unless other provisions are made part of a specified provision- of this Agreement and approved by the Division. Any income realized as a result of the disposition of property by SUBGRANTEE shall be returned to COUNTY, unless otherwise provided for by written agreement. (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 said regulations, policies, procedures and requirements shall be met. ¢ ' (g) The income of persons benefiting from acquisition of real property used for housing shall not exceed H.U.D. Section 8 guidelines unless written authorization is given by the Division. (h) Proceeds from the sale of real property purchased in whole or in part with CDBG Funds shall be handled in accordance with 24 CFR 85.31 pertaining to property management. (i) Transfers of real property acquired with or improved by use of CDBG Funds shall be accomplished by use of one of the following methods: 1. For all transfer of single family lots, SUBGRANTEE shall conduct a lottery upon notice in a newspaper of general circulation published in Broward County. Prior to conducting the lottery, SUBGRANTEE must submit to the Division for written approval the notice and a written statement of how the lottery shall be conducted. If after publication of the CAF#21.Tem Rev. 7/18/90 -10- i i t , , 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 here'ay agrees to comply with 24 CFR 85 as it relates to the acquisition and disposition of nonexpendable personal property. 24 CFR 85 is attached hereto as Exhibit "E" and by this reference made a part hereof. ^' 7. 16 In instances where there is construction work o f 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. i M 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. I � 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. 7 .20 Subarantee hereby agrees that applicants for rehabilitation assistance, tenants in housing being rehabilitated and purchasers of HUD-associated housing will be provided with information concerning the dangers of Lead-Base Paint. 7.21 Subgrantee hereby agrees that: CAF#21.Tem Rev. 7/18/90 -11- I (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions. i i (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and h. cooperative agreements) and that all subrecipients shall w certify and disclose accordingly. 7.22 In accordance with Section 519 of Public Law 101-144, (the HUD Appropriations Act) , Subgrantee certifies that: It has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil .rights demonstrations. ARTICLE VIII FINANCIAL RESPONSIBILITY 8.1 SUBGRANTEE hereby gives COUNTY, H.U.D. , and the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents relating to the Project(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 COUNTY under this Agreement. CAF#21.Tem Rev. 7/18/90 -12- 4 1 ' Yi 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 COUNTY from nonfederal resources, or if this Agreement shahs be ill iheld cet by any subsequent request for payment 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. I SUBGRANTEE shall demonstrate. significant material to ial rogr andess within the timetable in Exhibit I'D, " 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 hDsGiFunds shall be retained by SUBGRANTEE. Additionally, 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 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 SUBGRANTEE hereby agrees to submit to the ' Division within thirty (30) days of the completion of each Project(s) , as set out in Article III, a complete financial accounting of all its in Exhibit s) activities, as provided hereto and by reference made ean part rhereof. attached 'IF, It 8.9 Any real property under the SUBGRANTEEtSwcontrol CDBG that w s acquired or improved in whole or in p ar 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 CAF#21.Tem -13- Rev. 7/18/90 i (b) Disposed of in a manner that results in the COUNTY being reimbursed in the amount of the current faiir market the value value of the property less any portion attributable to the expenditure of non-CDBG Funds for acquisition of .or improvement to the property. ARTICLE IX INDEMNIFICATION CLAUSE 9 . 1 SUBGRANTEE, to the extent allowed by law, will at all times hereafter indemnify and hold harmless, COUNTY, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained 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 r• I EVALUATION AND MONITORING SUBGRANTEE agrees that the Division will carry out periodic :,( monitoring and evaluation activities as determined necessary by the Division. The continuation of this 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 and/or transcriptions, as is information, including copies determined necessary by the Division or COUNTY. SUBGRANTEE shall submit on a monthly and quarterly basis, and information other and timestatus upon the request of ,.he Division Director, reports required by Division, COUNTY or H.U.D. on forms approved by the Division Director. CAF#21.Tem -14- Rev. 7/18/90 1 I ARTICLE xI TERM OF AGREEMENT This Agreement shall commence on the day the Division Director provides a written Notice o Proceed for SUBGRANTEE and shall terminate on June25 1992he Project(s) to ARTIC�? TERMI_NATION 12. 1 This Agreement is subject to the availability Agreement ntfshall Should funds no longer be available, t(24 hours notice in terminate upon no less than twenty-four ( ) Said not d by writing to SUBGRANTEE. requested, on n person,e with certified mail, return receipt proof of delivery. COUNTY shall be the final authority as to the availability of funds. 12.2 If, through any cause, SUBGRANTEE fails too 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 7 to fulfill in timely and proper manner its obligations under this Agreement, or if SUBGRANTEE shall violate any reement covenants, agreements, h stipulations to terminahis te this COUNTY shall thereupon have the rig giving Agreement or suspend payment in whole or part by suspension written notice specifying SUBGRANcifying the effective E of such rmination or date thereof, at least of payment and specifyingor five (5) days before the the Divisionctive date of s shall suspension. If payments are that must be taken specify in writing the actions payments SUBGRANTEE stion precedent to re sc mpli nce.umption of and should specify a reasonable date for ! 12.3 In the event of termination, all finished or maps,unfinished documents, data studies, surveyssitalrawings equipment and any other photographs, reports prepared, cap assets secured by SUBGRANTEE with CDBG Funds under this Agreement shall be returned to COUNTY. 12 .4 Notwithstanding the above, SUBGRANTEE shall not be relievedTby 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. CAF#21.Tem -15- Rev. 7/18/90 t 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 '1. Agreement; (c) Failure to submit reports as required including a favorable audit report; and 'i 4 'l (d) Submittal of incorrect or incomplete reports in any ' material respect. d ARTICLE XIV INDEPENDENT CONTRACTOR SUBGRANTEE is an independent contractor under this Agreement. Services provided by SUBGRANTEE shall be performed by employees of SUBGRANTEE and subject to supervision by SUBGRANTEE, and shall not be deemed officers, employees, or agents of 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 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. CAF#21.Tem Rev. 7/18/90 -16- 4 4: ARTI ALL PRIOR AGREEMENTS SUPERSEDED This document incorporates and includes all prior negotiations, correspondence, , agreements, or conversations understandings applicable to the matters contained aereementsa for parties agree that there are no commitments, g' understandings concerning the subject matter of this, it is Agreement agreed that are not contained in this document. Accordinglyll be , upon any no deviation from the term al or written. prior representations or agreements whether o ARTICLE 2 NOTICES art desires to give notice unto the other, Whenever either )arty sent by certified United States such notice must be in writinuestedg,addressed to the party for whom it mail, return receipt req giving ti is intended, at the place last specified, and the place for g g of notice shall remain such until it shall have been changed by c of this the arties hdesignate provisions the written notice inthe following r as the o " For the present, the p giving of notice, to-wit: respective places for ' FOR COUNTY: Theresa Gillis, Director Broward County Community Development Division Governmental Center, Room I 115 South Andrews Avenue Fort Lauderdale, Florida 33301 FOR SUBGRANTEE: Mr. Robert Flately, City Manager City of Dania 100 West Dania Beach Blvd. Dania, Florida 33004 CAF#21.Tem -17_ Rev. 7/18/90 i j I! 1 ` ARTICLE XVII AMENDMENTS: AS-IJGNMENTS 17. 1 It is understood that COUNTY, as Grantee, is responsible to H.U.D. for the administration of CDBG Funds and may consider and act upon reprogramming recommendations as proposed by its SUBGRANTEES or the Division after appropriate referral to the Committee. In the event that COUNTY approves any modification, amendment, or alteration to the funding allocation, SUBGRANTEE shall be notified pursuant to Article XVI and such notification shall constitute an official amendment. 17.2 COUNTY may, in its discretion, amend this 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" 1' provided such changes do not result in an increase in the CDBG Fund amount shown in Section 4.1 and Exhibit "B" attached hereto. 'f 3 17.4 It is agreed that budget transfers in excess of a cumulative total of five percent (5%) from within the approved municipal S Project(s) budget shall be executed in the following manner: h, wl (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 j the proposed transfer and five (5) completed copies (with manual signatures) of the Budget Transfer Request Summary Sheet as provided in Exhibit "G. " Also Exhibit "H" - Funding Agreement History, shall be completed and attached as part thereof. (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 CAF#21.Tem Rev. 7/18/90 -18- i t I 4i shall consult with the division prior to incurring Project(s) cost. (e) In the event the request is denied, a copy of the Summary Sheet and the reasons for the orkin denial shell be returned to SUBGRANTEE within two (2) g (f) It is agreed that it shall be the responsibility of SUBGRANTEE to keep its local citizen participation unit informed of all budget transfers, modifications and amendments. , 17 .5 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 ewithxecuted with the same formality and of equal dignity 17 . 6 SUBGRANTEE shall not transfer or assign the performance of `. services called for in this Agreement without the prior written consent of COUNTY. 5 ARTICLE REPORTS PLANS AND OTHER AGREEMEN TS maps and All reports, plans, surveys, information, as,smblednor completed other data procedures developed, prepared by SUBGRANTEE for the purposes of this Agreement shall become the i, .. property of COUNTY without restriction, reservation or limitattime ion of their use and shall be made available by SUB RANT n at any TY or Division. Upon of all work upon request by COUNP ! contemplated under this Agreement, copies of all of the above data ' shall be delivered to the Division Director upon his/her written request. ARTICE IX CONFLICT OF INTEREST SUBGRANTEE covenants that no person who presently exercises any functions or responsibilities in connection with the Projentthe has any personal financial interest, dct or thereaft r as provided Project during this tenure or for one year 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 subcontract- ed. Any possible conflicting interest on the part of SUBGRANTEE or its employees shall be disclosed in writing to the Division. CAF#21.Tem -19- Rev. 7/18/90 G. 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 i;i 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 1' any Florida state or federal court in any action or proceeding arising out of or relating to this Agreement, and hereby +i irrevocably agrees that all claims in respect to such action or proceeding may be heard and determined in such court. Each party further agrees that venue of any action to enforce this Agreement j 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. CAF#21.Tem Rev. 7/18/90 -20- i ' i i! Y: 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 Chairman, authorized to execute sam9e by 'Board action on the day of signing by and through its Mayor/Commissioner, duly authorized to execute same. \ COUNTY BROWARD COUNTY, through its 'l BOARD OF COUNTY COMMISSIONERS ATTEST: B w y County Administrator and Ex- LORI NANCE PARRISH, Chair Officio Clerk of the Board of County Commissioners of 19— Broward County, Florida day of i 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 PATRICE M. EICHEN Assistant County Attorney CAF#21.Tem Rev. 7/18/90 -21- i Yi AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA FOR SAFE NEIGHBORHOOD/REVITALIZATION PROJECT IN THE AMOUNT OF $62, 200.00 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS SUBGRANTEE WITNESSES: CITY OF By Mayor-Commissioner day of , 19_ ATTEST: -� By City Clerk City Manager day of 19_ (CORPORATE SEAL) APPROVED AS TO FORM: By City Attorney PME:bjw 5/20/91 dania.a01 #91-61.01 CAF#21.Tem Rev. 7/18/90 -22- Y. AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA FOR SAFE NEIGHBORHOOD/REVITALIZATION PROJECT IN THE AMOUNT OF $62,200. 00 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS SUBGRANTEE WITNESSES: CITY OF By Mayor-Commissioner day of , 19_ ATTEST: i By +i City Clerk !f City Manager _ day of 19_ z; (CORPORATE SEAL) I APPROVED AS TO FORM: B Y City Attorney PME:bjW 5/20/91 dania.aol #91-61.01 CAF#21.Tem Rev. 7/18/90 -22- d . 1 1 y , Yi EXHIBTT A PROJECT(S) DESCRIPTION The Safe Neighborhood/Revitalization Project consists of lighting, and installation of signage. and numbering on homes . In addition, a Community Development Specialist will assist in the coordination, marketing, and public relations for Broward County programs within census tract 805 . a '1 J� f i _23_ , i Yi CITY OF DANIA SAFE NBIGHBORHOOD;REVITALIZAT'ION 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) other non- Category (1) CDBG (2) City (3) city (4) Total resoullcms A. Personnel 260 , 190 260 , 190 B. Fringe Benefits 0 i= C. Travel D. Equipment E. Supplies 5 , 200 5 , 200 F. Contractual 26 ,000 1 , 123 , 120 1 , 149 , 120 G. Construction 31 ,000 31, 000 H. Other 256 , 490 2 ,000 258 , 490 -24- i 4i CITY OF DANIA SAFE NEIGHBORHOOD/REVITALIZATION EXHIBIT "B" (Continued) (NON CDBG RESOURCES) CDBG CITY OTHER TOTAL I. Totals 62 , 200 1 ,639 ,800 2 , 000 1 , 70.4 ,000 Budget Narrative Instructiors 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 1' the costs to be covered by non-CDBG resources. .j n i a CDBG Resources ^, E. Supplies Five neighborhood identification signs $ 5 , 200 jF. •Contractual Electrical Contract for light installation $10 ,000 Demolition of 5 unsafe structures (@ $3 ,200 ea. ) $16 , 000 5 26 , 000 G. Construction Installation of 10 ,street lights at $3 , 100 ea. $ 31 ,000 CDBG TOTAL $ 62 , 200 -25- 1 t CITY OF DANIA SAFE NEIGHBORHOOD/REVITALIZATION EXHIBIT "B" (NARRATIVE CONTINUED) A. Personnel: 2 Code Enforcement Officers (30%) $ 13 ,550 Public Works - Trash Removal/ 118 ,875 Lot Cleaning in Target Area (30%) Recreation $ 74 , 660 After School Program 23 , 680 Summer Recreation Program 17 ,325 Community Development Director (15%) $ 7 , 410 1' Growth Management Director (15%) 7 , 410 Clerical Staff ( 15%) 71280 a $ 260 , 190 Y h F. Contractural: Broward Sheriff Contract (40%) $ 1 , 117 ,370 Demolition of (2) unsafe structures 5 , 750 $1 , 123 ,120 ' Other: Operating Expenses for above City Departments for percentage of services in target area as they relate to this program: Public Works (Trash/Lot Cleaning) $ 189 , 150 After School Program 10 ,040 Siiminer Recreation 22 , 900 Modello Park 34 , 400 $ 256 , 490 City In-Kind Contribution Total $1 , 639 ,800 H. Other Agencies Other - BSO Neighborhood Watch Program $ 2 ,000 NON CDBG RESOURCES TOTAL: $1 , 641 ,800 -25A- 1 t EXHIBIT "B" (Continued) Allowable Cost for H.U.P. Share of_Budaet Federal cost principles for nonprofit organizations other than univer- sities 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 r �y (c) Contingencies i 't (d) Contributions and donations 3 !1 (e) Entertainment (:S (f) Fines and penalties i' (g) Interest (h) Losses on other grants or contracts Most other categories of cost are generally allowable under the cost principles provided the costs are allowable and reasonable. General comments on individual cost elements are listed below: Salary costs are generally allowable provided they are based on actual current salaries adjusted for any anticipated cost-of-living or merit increases during the grant period. Salary costs for unidentified new employees must be consistent with the organization's overall employee compensation structure. The organizational compensation policy should not change as a result of obtaining a federal grant. Fringe Benefit costs such as pay for vacations, holidays, sick leave, employee insurance, and unemployment benefits are allowable to the extent required by law or established organizational policy. CAF#21.Tem -26- Rev. 7/18/90 1 i EXHIBIT_ (Continued) Travel costs consistent with established organizational policy are generally allowable. The difference between first class and coach air fare is specifically unallowit a good practice ce to adoptble. In the absence of tpolicies ablished organizational travel policycy,, consistent with the federal travel regulations. st d of acqu mentisition costs should be purchase, lease with option on the ltosbuy)oover theogrant acquisition (rent, p period as demonstrated by competitive bidding, Equipment ui ment 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 organ izatusedcesui mentssure should fair share distribution. Whenever practical, 4 p be considered in meeting equipment needs. material cost directly associated with the project are allowable. << 4r.1 Prices must generally be justified through competitive bids except ti. for nominal purchases. in extra Subco�arts must be awarded on a competitive blicable t tindividual circumstances. The same principles applicable cost- ordinary .„ cost prnciples for grantees are generally aPP contracts under grants. reimbursement type sub the I3 Consultant agreements should include o or less than theylowest ratetant the ,6 that the consultant rate is equal9 the Congress y consultant accepts for comparable work. Additionally, has prohibited the salary component of consultant fees under H.U.D. grants to exceed $193 .00 per day. truction costs include construction of new buildings, structures, Cons or of 1 property as well as alteration or repair of existing structures. Construction costs should be supported by detailed cost estimates and competitive bidding. Other costs include all types of direct costs not specified above. Normally, such costs include space, telephone, utilities, printing, and other basic operating expenses. CAF#21.Tem -27- Rev. 7/18/90 i t 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: �i i y B. 1. Proiect Cost i Funds y , Expended Percentage 6 to Date k" Total Proiect $ $ N CDBG Funding $ $ Other Funding $ $ (State Source) i 2. Percent of Proiect Completed to Date: CAF#21.Tem Rev. 7/18/90 -28- i r E BIB (Continued) C. 1. Brief Pro ect Descri tion & Project Location i y 2, Describe S ecific Work Tasks and ualified Accom lishments completed this Month Qualified 9� Accomplishments Task This s Month 3 , Describe Success or Problems Encountered with the Project CAF#21.Tem _29_ Rev. 7/18/90 1 t n ' Y C O ' •r1 lO . Q U a1 ' N U I L O :J y w V1 H Z H I H C. O F O w N to .c. C,H z > U A � 7 gal -HH. p H 7 C` L n 0 O ci C D` C1 H N .-i H N N i H H rn o rn rn c rn C+ r T .� o� C, rn C A � p a 'O :J 41 E- w[ o — U o N > m .. V LO'1 GxO v �i y U U F•• H7 C. > 7 C i1 U C .]' A 0) F O_ C O) O U U 10 U e Ln z ti o Q tiw N a H p .. 4 O >1 T '>1 >1 >1 >1 >1 >1u O zC.1 p. � A a s " a A A as V1U e $+ C N O CO r O L• T Wrl U H S+ y >T LU � ri O N H W i•. W •O CO > b l4 0) N q a A 41 O Ln •r+ .,� tr A a1 C 7 C O - y j4)4: UOyV) UOUO W N O T H •N N U N U .0 lrE. a1C •r+ H W 7 41 a1 .i N •H N 7O) O 41 41 H M 41 •rl U O 11 11 •rl iJ H •rt Sr U ri y 4J U ri H .� 1.1 $4 U H UCL a1 O) U JJ O) C 7 0 C. U V) U U 0 7 N W E ca > H N ri N N E E y O > H E w C o U 'O O C O •O 11 O O ".0 •O O U + O U •ri < NH CL H N •. U y M < V1 Q N E y 41 A U •C O A U •O U 41 y U O U m > m a U C) CO u U U O.•O p N U N C O Vi . C 4A 'C O O H U N N ca O C U N E n -HA C O a O W O) O a N M m H tOi 7 U O u 1O.•Ci A •�i C +1 N U ,..1 O S+a1 4H 7 U $Oi GO a W •" O N w O•rl •N N � JW-1 _ Q.•rl Url C Qv N r -30- t 6. EXHIBIT "C" (Cone 4 . Anticipated problems or concerns with project with which the Community Development Division could assist you. /or other tua 5. Anticipated advertisements has community dDevel pmentcstaffcbeen services. If so, ro riate steps taken to assure advised and appropriate p compliance? 5. If applicable, please complete the following Direct Benefit Form below on all program participants: "4' `i. Percent of Total Number of Households ersons Assisted who arc: i �i Asian or Female White Black American Hispanic Pacific Headed -J" Total Number Low and Islander Household ,i of Households/ hfoderate Low Not Hispanic Not Hispanic Indian r Persons Ass Income Income Origin OOP^ Native u i it I i i CAF#21.Tem Rev. 7/18/90 -31- ' 1 i t r s CITY OF UANIA SAFE NEIGHBORHOOD/REVITALIZATION EXHIBIT "0" TIMETABLE/SCHEDULE FOR PROJECT(S) WORK TASK(S) TIMETABLE Start-uo Completion 1. Development of lighting and pole specifications with FPL; and sign requirements June 25 , 1991 Aug . 30 , 1991 2 . Requests for Proposals - Advertised Sept. 30 , 1991 Oct . 31 , 1991 3 . Award of Bids Nov. 29 , 1991 Dec . 31, 1991 4 . Installation of: A. Signs and i' B. Lighting Jan. 1 , 1992 June 24 , 1992 5. Demolition of unsafe zr structures.* March 2 , 1992 June 24 , 1992 I Unsafe structures are currently proceeding through condemnation by City Unsafe Structures Board. CDBG assistance will allow the City to accelerate demolition program rather than replace City expenditures . -32- t _ p Yi EXHIBIT "E" ' 24 CFR 85 purposes.And the grantee or subgrantea (c) Use.(1)Egvipmenl+hall be used m+inteninee yraeedums shall not dispose bf or encumber Its title by the grantee or subgrantee in the must be developed to keep the property or other Interests.• ' ' '• ' • program or project for which It was in good condition. - (c)Dis,asirion.Wl en real property is acquired as long at needed,whether or. (5]If the grantee or subgranlr Is no longer needed for.the originally sot the project or program continues to authorised or required to sell Lhe , au6orircd purpose.the grantee or • be supported by Federal funds.When no propeay.proper sales procedures must aubgrantee will request disposition longer needed for the original program be established to ens•_e Lhe highest ln3Lueliom from Lhe awarding agency.• or project,the equipment may be used In possible return. ,I-he instructions will provide for one of • other activities currently orpreviously (e)Disposition.When erig`.nal c: ' Oefollowingallemstivec .• . • -: - supportedbyaFede:ilAgency.% ' • •replac - eentequipr..entacquirxdunder, (1)Helention of Lille.Retain title after ' (2)7be grantee or subgnnlee shall a grant or subgranl Is no longer needed eompensatirsg the aw+ra.-ing agency.The also make equipment available for use •for the c.i;nal project or program or for amount paid to the awarding agency on other projects orprograms currently other ielivilrei currently or previously will he computed by applying the or previously supported by the Federal supported by a Fede:al simm . awarding agency perentage of Dover unenLprov ding meh use will not disposition of the equipment will be : participation in the coil of the original •L•sterrere with the work on the projects Wade as follows: pu-hate to the fair market value of the or prograrri for which it was originally •(1)Items of equipment with a =--rent . property.i4owever,in those situations acquired.Firstpreferenee for other use pe:•unit fa :market value of less &A-1: where a grantee or tub-grantee is • • • shall be given to other programs or SS.e03 may be retained.sold c: • 4 disposing o[rial property acquired with projects supported by the awarding otherwise disposed of with no fu t.cr g:snl funds and AcquL•sag replacement agency.User fees should be considered ebligalion to the AwerdL^1+gency.- real property under the same prograc- fl appropriale. •, ; , , (2)hems o[equipment with+ eurm! &C net proceeds frrom the disposition (3)Nolwilhslandirg the per unit fairmarkel value in excels of may be used as an offset to the cod of encouragement in § P 5 75(1) to ears , ss•wo m°y be retains- or sold And Lhe Lhe replacement property. '-•t r a --.::• ro rasa income,the antee or .. . awarding agency still have a aghl to ran ' Scle o r^^err Sell the roe p g us amount calculated bymvltiplyi:-g Lhe (-) �G -r !• P• P nY ' subgnnlee must not use equipment •• eurtent r..a.kel value c:Proceeds from •and compensate the awarding agency. acquired with grant luid3 to provide p' The amount due to the awarding agency• ae.viees for a fee to compete unfairly •, sale by L.e iwa.din3 s3enry's star: of ' will be calculated b n Y applying g the " with private companies that provide Lhe equipment, 1. awatdin3•ageneyts pe:eentage of - equivalent services,v.•sless specifically (3)I.•s cases when A Eraalee or participation I.•s the cost of the original ;--cditted or eonlempldled by Federal subgrante!fails to like apprpriala purchase to the proceeds of the sale statute. , • dispoiticn actions.L.e Awarding agency Afle:deduction of any actual and •°t` (4)When acquiring replacement • •- maydir:ci Lhe graate: e:subb.antee to rcesonablc selling and fixing-up a vi Went.the ant::orsub antee •• take exa:s and dispositicn act lions:, ,i espenses.It the grant is still active,the ra use the equipment-sent to be re )aced at 'anFe icec:3uequipment, ' vi edent n' ago net uleLhe or i el cost!or the m sale may be ps et a tr,de•in or sell Lhe propeay and use federally-cw d it=p's;,Lrde 3 property. Lhe proceeds to ofGet C:e cast of the I When a gra-•Ate:or subbtantee is P - t (1)Title will remain vastest h C_ replacement prope.y,subject to the Federal G vet =e directed to call progeny,sales approval of the awar..igsg age•^cy.•=';:: d procedures shalibe followed that (2)Grantees or s• y.sates Wi 1 . provide far eampetition to the extent (d)Managemeal ryvircnentr.•" manage tt: equipmea i.accornaacc practicableovifor and resulttioin the a extent l P.rocedu^es formanagsng equipment with Federal agency.-A:s And possible relu-L • . • . •• (L du rrSng mplae meat equipment)• p ocaac-s.And su'_._t in ta-ual s '(3)Tisns/ereltitle.Transfe.title to whether acquired in whole or In part' ' inventory L'sung. with grant funds,imIll disposition takes (3)When the equip=:::is no longer Lhe+wAtdig agency o:to A Lhind•pa..y lace will,at a mini.-u. iza-LLhe ,s _ detignaled/ap,:.oved by the Awarding following requirements: r -�_sl�rodtio�Cs ::C'ctilL cilL e Agency.The grantee orsubgranteeshall .. ,•' r , be paid L•s a=oust ralailated by (9 P pery recor?s nust be Fedral asmcy. - t raia'�ined Lhat L-c!ee a de:cripllcn of Qt� y;a t=asr•.•_'L':.Tc:::da:al •appiy:.-3 Le gr,a:r_c:subgraatae's 1 � (.. pc huge o[pAnicipation i.Lhe L.:progeny,a se ail ruabe:o: oL,e: swar:a3 A3ency cry nrrrc'�:rbht pc_hase of Lhe mat grope.-y la the Ide..Ur. on.n_be:,Lhe soau of to C sfe:title to 1.:Federal e---e-it far market value of the prope:;y,who bolds Clie,the Aequislticn Gave. :nl or a L�_:pa✓. ad by Pr Pent• date.sad cad a[the grope.:y. L-e awn:—.g sgece+W`.-c su_ + L -' p_-antageofFedc:alpitimpationI-% party ise'Lewiseerig:S:e•_.dc:ex:st g f-Liz-22 E,';mtnt. Le cost of L'se prope::y.Lhe lCr36Cr.use ss;utes.thud Cansfea call ba r_Sject (a) Tile.Subject to the obligations . , and wodition of the propeny.And any to the following riaadss: And eocditions set forth in Lois section, ultimate disposition data i dud_g L%e (1)The proper:y 35111 he fdenSfied in title to equipment acquired code:a dale of disposal and tale pric of the _ he rant 7. od:t.wis:_ode k-c»- to Y sat or;ubg s.;k ll vest upo❑ pr Fe^y- Lhe grint!t Ln w.iti:g. aquisidon is Le grantee or subg:•aalee (2)A physical invr.,tory of Lsse (2)The Federal awsr' .g+;:acY seal respectively. pmpe.y must he taken and the results lssua'L'resillon L-sl.:c::on witt'n 1ST (b)Storer.A State will use•manage• , reconciled with the property r-cords at ealecdar drys after the end of Lhe and dispose of equipment Acquired lead once every two years. Fedc:il support of late project for wMct t_.dcr a grant by the State in accordanen (3)A eoneol system must be 1t was ae;• red.lf Le F:da:al Aws:- -g wlLh State laws and procedures.other developed to ens=adequate agency fails to Issue dispositicn to-lees sad subgrsniees will follow safeguards to pmvenl lass,damage,or LnsL-uctient wit�.i Le 1�calends:•day pAng Aphs(e)through(e)of this theft of the property.Any lots,damage, period Lhe gra_lee ihai'.follow section. or the rshAll be investigated. 8 5 "(e). t t 6J EXHIBIT "F" FINAL ACCOUNTING FOR PROJECT(S) In-Kind Final Costs Itemized Amended Unexpended Absorbed By original List All Project Project Funds Contractor Allocation Proiects Cost Allocation (If Any) (If Any) r-•�l !1 i i CAF#21.Tem Rev. 7/18/90 -34- , t t YJ 1 < i 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 1 To Date To Date Contract Contract Project(s) i Signature of Authorized City Official/Title Date CAF#21.Tem -35- Rev. 7/18/90 EXHIBIT "G" (Continued) For Community Development Use Only Approved _ Disapproved Date Signature 1} Attachment: j 1. Narrative Description �l 4 J 1 I CAF#21.Tem -36- Rev. 7/18/90 i I ' M t r., f I I