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HomeMy WebLinkAboutR-1991-130 'L • Li RESOLUTION N0. 130-91 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THAT CERTAIN AGREEMENT BETWEEN IDEAL I COUNTY AN IT AN MPROVEMENTSINTHEAMOUNTOF $100IA FOR S000W00K PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY AND PROVIDING VFOR PANNEFFECTIVE DAT T BLOCK GNT PROJECTS; E. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Sects That that certain Agreement Between Broward County and City of Dania for Sidewalk Improvements in the Amount of $100,000.00, Providing for Funding and Administration of +r Community Development Block Grant Projects, a copy of which is attached hereto as Exhibit "A" , be and the same is hereby 1 officials are hereby directed approved, and the appropriate city to execute same. Sects?• That this resolution shall be in force and take R � 9 a and adoption. z effect immediately upon its p assa October , 1991. 22nd day of PASSED and ADOPTED this Y MAYOR - COMMISSIONER ATTEST: 'CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS: FRp� ADLER�Y Attorney 130-91 Resolution No. a r A G R E E M E N T Between y p BROWARD COUNTY and CITY OF DANIA for SIDEWALK IMPROVEMENTS IN THE AMOUNT OF $100, 000.00 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS EXHIBIT "A'? 1 P ' L J 6i INDEX ARTICLE PAGE I DEFINITIONS AND IDENTIFICATIONS 1 II PREAMBLE 3 III PROJECTS 4 IV FUNDING AND METHOD OF PAYMENT 4 V PROCEDURES FOR INVOICING AND PAYMENT 5 VI IMPLEMENTATION AND TIMETABLE 6 VII ASSURANCES 7 VIII FINANCIAL RESPONSIBILITY 12 IX INDEMNIFICATION 14 X EVALUATION AND MONITORING 14 XI TERM OF AGREEMENT 15 �1 XII TERMINATION 15 XIII SUSPENSION OF PAYMENTS 16 S XIV INDEPENDENT CONTRACTOR 16 XV ALL PRIOR AGREEMENTS SUPERSEDED 17 1 XVI NOTICES 17 '1 XVII AMENDMENTS; ASSIGNMENTS 18 XVIII REPORTS, PLANS AND OTHER AGREEMENTS 19 XIX CONFLICT OF INTEREST 19 XX EXECUTION 20 XXI CONSENT TO JURISDICTION 20 XXII GOVERNING LAW 20 XXIII SEVERABILITY 20 XXIV LEGAL PROVISIONS DEEMED INCLUDED 21 CAF#21.Tem Rev. 6/24/91 -i- 1 r INDEX EXHIBITS PAGE EXHIBIT "A" Project(s) Description 23 EXHIBIT "B" Costs/Budget for Project(s) 24 EXHIBIT "C" Monthly Progress Report 27 K EXHIBIT "D" Timetable/Schedule for Project(s) 3 33 ,1 EXHIBIT "E" 24 CFR 85 a Final Accounting 34 ' EXHIBIT 'IF"" nting for Project(s) ( ) T "G" Budget Transfer Summary Sheet 35 EXHIBI EXHIBIT "H" Funding Agreement History 37 CAF#21.Tem -ii- Rev. 6/24/91 i w A G R E E M E N T Between BROWARD COUNTY and CITY OF DANIA for SIDEWALK ROVEMENTS IN THE AMOUNT OF $100.000.00 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS political This is an Agreement between: BROWARD COUNTY, a subdivision of the State of Florida, its successors and assigns, y hereinafter referred to as "COUNTY, " through its Board of County Commissioners, 1 AND j' CITY OF DANIA, a municipal corporation of the state of Florida, its successors and assigns, hereinafter referred to as "SUBGRANTEE. " W I T N E S S E T H, that, for and in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, COUNTY and SUBGRANTEE agree as follows: ARTICLE 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 s urn this Agreement.UBGRANTEE to COUNTY specifically set CAFF21.Tem Rev. 6/24/91 i Y 1.2 BROWARD COUNTY COMMUNITY DEVELOPMENT BLOCK G�Tlied GRoA1 by PROGRAM means Community Developmenor t Program applied for 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 Fund moniesagivenns hto S BGRANTEE pursuant to the terms e community Development Block aof this Agreement. 1.4 COMMITT E: means the Committee for community n8431opment created pursuant to Broward County Ordinance No. - 1. 5 COUNTY: means Broward County, Florida. 1.6 DEPARTMENT: means the Finance and Administrative Services Department of Broward County, 1.7 DIVISION: means the Community Development Division of Broward tla �• County. ". 1.8 GRANTEE: means Broward County, Florida, as Grantee of the Broward County Community Development Block Grant Program. a 1.9 H.U.D. : means the United States Department of Housing an Urban Development. f 1. 10 PROJECTS : means the project or projects set forth in Article II hereof, and Exhibit "A" entitled Scope of Services and Timetable. 1. 11 RULES AND REGULATIONS OF H.U.D. : means24CFR 5240, "Community un85y Development Block Grant Regulations"; "Administrative Requirements for Grants and Cooperative ian Agreements to State, Local, and Federally ostcPginc ul iplesd c for Tribal Government" ; OMB Circular A-87, State and Local Governments"; OMB Circar A-128, "Audits of State and Local Governments." 1. 12 SUBGRANTEE: mean s Cityof Dania, municipality as subgrantee for the Project(s) included in the Broward County Community Development Block Grant Program. CAF#21.Tem -2- Rev. 6/24/91 t ARTICLE II PREAMBLE In order to establish the background, context and frame of reference for this Agreement and to generally express the objectives and intentions cf the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 2.1 Title I, of the Housing and Community Development Act of 1974, P.L. 93-383, consolidated several existing categorical programs for community development into a single program of Community Development Block Grants ("CDBG") for the purpose of allowing local discretion as to the determination of needs and priorities for a community development program. The needs and priorities of community development in Proward County were determined by the Committee, the municipalities and unincorporated communities participating in the Broward County Community Development Block Grant Program. 2.2 Pursuant to 24 CFR 570.200(a) and 570. 301 of the Rules and Regulations of H.U.D. , the Project(s) were included in the Broward County Community Development Block Grant Program submission to H.U.D. It was determined that the proposals funded under this Project(s) would address one or more of the following three national objectives: a w (a) Activities benefiting low and moderate-income persons. (b) Activities which aid in the prevention or elimination of slums or blight; I� (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 and the Rules and Regulations of H.U.D. , as to the allocation and expenditure of funds as well as protecting the interests of certain classes of individuals who reside in Broward County, Florida. 2 .4 COUNTY is mandated by H.U.D. to conduct all programs and activities relating to housing and community development in a manner which will affirmatively further fair housing. COUNTY CAF#21.Tem Rev. 6/24/91 -3- ' t A " will fund only those SUBGRANTEES who have taken steps to promote fair housing. 2. 5 COUNTY is desirous of disbursing the funds to SUBGRANTEE. However, as administrator for the Program, COUNTY desires to obtain the assurances from SUBGRANTEE, and SUBGRANTEE so assures COUNTY, that SUBGRANTEE will comply with the statutes, rules and regulations of the United States, the Rules and Regulations of H.U.D. , the State of Florida, and applicable codes and regulations of COUNTY relating to the Project(s) and the Program, as a condition precedent to the release of such funds to SUBGRANTEE. 2.6 Any SUBGRANTEE found to be taking actions designed to discourage affordable housing for sale or rent within the confines of Broward County is not eligible to receive CDBG Funds. 2.7 This Agreement is subject to the availability of funds as more specifically described in Article IV and Article XII hereof. ti ARTICLE III PROJECT(S) `i SUBGRANTEE hereby agrees to provide and implement the ti following eligible Project(s) : SIDEWALK IMPROVMENTS This proposal was submitted and approved in the 17th year process. Such Project(s) is (are) more specifically described and set forth in Exhibit "A" attached hereto and by this reference made a part hereof. ARTICLE IV FUNDING AND METHOD OF PAYMENT 4.1 The maximum amount payable by COUNTY under this Agreement shall be $100, 000.00. 4. 2 COUNTY agrees to reimburse SUBGRANTEE for the Project(s) expenses incurred as provided for in Exhibit "B" attached hereto, provided suspension of payment as provided for in Article XIII hereof has not occurred, and provided further CAF#21.Tem Rev. 6/24/91 -4- ' 1 that SUBGRANTEE complies with the procedures for invoices and payments as set forth in Article ✓ 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 4 done on the Project(s) . (b) SUBGRANTEE shall describe the Project(s) services it presently has. a �� c) SUBGRANTEE shall submit a certified copy of the purchase j ( order authorizing the services for which it is invoicing. �'. (d) If SUBGRANTEE has awarded a contract to an independent contractor to perform Project(s) services, SUBGRANTEE shall submit to COUNTY a certified copy of the contractor's invoice stating the services rendered and the date the services were rendered. I (e) SUBGRANTEE administrator or his authorized representative shall certify that the work that is being invoiced has been completed. (f) In addition, SUBGRANTEE shall provide COUNTY with monthly progress reports, as provided in Exhibit "C." 5.2 Upon receiving the invoices, reports and other materials as described by Section 5. 1, the Division shall audit such bid awards, contracts, reports and invoices to determine whether the items invoiced have been completed and that the invoiced items are proper for payment. 5.3 Upon determination by the Division that the services or material invoiced have been received or completed, the Division shall authorize the Broward County Finance and CAF121.Tem Rev. 6/24/91 -5_ 1 A • a Yi 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 60 days after expiration or than sixty ( ) act fees received later reement, except invoices for months after termination of this Ag to twelve (12) which will be honored UP expiration or termination of this Agreement. ei ht SUBGRANT EE agrees to not 5.5 ify the Division at least forty-eight (48) hours in advance of the date that work on the Prod will be initiated n order that on site inspections may be conducted by the agrees to expend the funds allocated expended 5.6 SUBGRANTEE September 30, 1992. All funds not exp ,., Project(s) re and ement shall remain in the custody within . Agcontrol of COUNTY l� y ARTICLE 7 IMPLEMENTATION AND TIMETABLE ' Project(s)s and comply with the 6. 1 SUBGRANTEE agrees to implement Prof ( ) timetable set forth in Exhibit "D,° attached hereto and made 1 implementation M, a part hereof. Failure to maintain the identified 60 days of the checkpoint., Division schedule within sixty ( ) toward possible in the timetable shall warrant a full review by Such referral shall be the fi Failure rst step to maintain the staff. of funds. checkpoints I reprogramming 90 days of implementation schedulan within recommendation from the shall be cause for uncommitted and unexpended funds be Division that all account or be reprogrammed, transferred to the contingency Community Development Act of consistent with the Housing and1974, as amended. 6. 2 All specifications and plans prepared or to be used for the Project(S) shall be certified and approved by SUBGRANTEE advertise 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. approval from the 6.4 All change orders must receive prior Division. CAF#21.Tem _6_ Rev. 6/24/91 I b . 4i 6 .5 At the completion of each Project, "as-built" drawings, when necessary, shall be submitted to the Division for approval prior to final payment. 6. 6 The Division may issue a Stop Order to SUBGRANTEE which will halt all work on the Project in the event that the work is not being done according to specifications or when, in the Division Director's judgment, SUBGRANTEE or its contractor have violated federal guidelines and regulations, the assurances contained herein, or the provisions of this 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 {r, applicants on equal opportunity obligations for CDBG Funds in regard to construction contracts. }t 7.2 SUBGRANTEE hereby agrees to submit to the Division at least two (2) weeks prior to the actual date, written notification of all prebid and construction contracts. 7.3 SUBGRANTEE hereby agrees to comply with all applicable federal, state and county laws, ordinances, and codes and regulations. Any conflict or inconsistency between the above t 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 SUBGRANTEE receives federal financial assistance and will immediately take any measures necessary to effectuate this Agreement. If any real property or structure thereon is provided or improved with the aid of federal financial assistance extended to SUBGRANTEE, this assurance shall obligate SUBGRANTEE or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. CAF#21.Tem Rev. 6/24/91 -7- t A 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 Grant Agreements and such other rules, regulations or requirements as H.U.D. may reasonably impose, in addition to the aforementioned assurances provided at, or subsequent to, the execution of this Agreement, by the parties hereto. 7 .8 If applicable, SUBGRANTEE hereby agrees to carry out the relocation process in such a manner as to provide displaced persons with uniform and consistent services, and assure that replacement housing will be available in the same range of choices with respect to such housing to all displaced persons , religion, or national origin regardless of race, color pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 1 { '( 7 .9 SUBGRANTEE hereby agrees to provide COUNTY with a certificate indicating a full description of SUBGRANTEE'S Affirmative Action Plan or Program subsequent to the execution of this Agreement, but prior to the commencement of any action by SUBGRANTEE in consequence of the terms and conditions hereof. 7.10 SUBGRANTEE hereby agrees to comply with the requirements and standards of OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local, and Federally Recognized Indian Tribal Governments, " and 24 CFR 85. Attachment P of OMB Circular A-102, entitled "Audit Requirements" is superseded by OMB Circular A-128. 7. 11 SUBGRANTEE hereby agrees to incorporate COUNTY'S Small Disad- vantaged Business Enterprises Affirmative Action Program requirements and H.U.D. regulations for all contracts of $10, 000.00 or more awarded by SUBGRANTEE pursuant to this Agreement. 7 . 12 SUBGRANTEE hereby agrees to incorporate COUNTY'S First Source Hiring Agreement Requirement within all contracts awarded by SUBGRANTEE pursuant to this Agreement. CAF#21.Tem Rev. 6/24/91 -8- i 1 h 4i ' r 7. 13 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. SUBGRANTEE shall also notify the Lessor or Sublessor in writing that he/she intends to lease real property owned or controlled by Lessor or Sublessor to build the Project with CDBG Funds provided for in this Agreement. The written notification shall particularly describe the land, and the Project, and the projected use of funds. SUBGRANTEE shall also provide Lessor or Sublessor with a copy of this Agreement and the Rules and Regulations of H.U.D. Any such lease or sublease shall include a provision which states that each party to the lease or sublease agrees and understands that monies expended by 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 "l Regulations of H.U.D. { (b) Real property acquired through a CDBG funded Project shall be used for the provision of affordable housing, construction of a neighborhood facility, utility construction or other specified and approved activities and shall demonstrate significant material progress within eighteen (18) months of closing on such property. In the event such material progress is not evidenced nor commenced within said eighteen (18) months of closing, SUBGRANTEE hereby agrees to transfer ownership of the property acquired with CDBG Funds to COUNTY, if COUNTY so requests in writing. (c) All real property transferred to COUNTY'S ownership, as a result of the aforementioned deficiency or significant material progress or real property returned as a result of expiration and subsequent termination of the original Funding Agreement, shall be used by COUNTY at its discretion for reallocation to other eligible CDBG activities. (d) Real property acquired utilizing CDBG Funds used for purpose of housing construction shall be deeded to 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 CAF#21.Tem Rev. 6/24/91 -9- t 11 kJ 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 N1 �, property used for housing shall not exceed H.U.D. Section w, 8 guidelines unless written authorization is given by the Division. 1' (h) Proceeds from the sale of real property purchased in whole or in part with CDBG Funds shall be handled in 3 accordance with 24 CFR 85.31 pertaining to property management. i (i) Transfers of real property acquired with or improved by use of CDBG Funds shall be accomplished by use of one of the following methods: 1. For all transfer of single family lots, SUBGRANTEE shall conduct a lottery upon notice in a newspaper of general circulation published in Broward County. Prior to conducting the lottery, SUBGRANTEE must submit to the Division for written approval the notice and a written statement of how the lottery shall be conducted. If after publication of the notice COUNTY determines that there are not enough interested persons to conduct a lottery, then SUBGRANTEE shall transfer said properties on a first-come first-served basis. 2 . For all transfers of rental properties, SUBGRANTEE shall invite proposals for transfer of said properties upon notice in a publication of general circulation published in Broward County. Prior to publishing the invitation for proposals, SUBGRANTEE shall submit to the Division for written approval the notice and a written statement of the process CAF#21.Tem Rev. 6/24/91 -10- to be implemented for the review and selection of the best proposal. 7. 14 SUBGRANTEE hereby agrees to comply with 24 CFR 85 as it relates to the acquisition and disposition of nonexpendable personal property. 24 CFR 85 is attached hereto as Exhibit "E" and by this reference made a part hereof. 7. 15 In instances where there is construction work of over $2, 000.00 financed in whole or part with CDBG Funds under this Agreement, SUBGRANTEE agrees to adhere to the Davis-Bacon Act, 40 U.S.C. 276a-276a-5, as amended, which requires all laborers and mechanics working on the Project be paid not less than prevailing wage rates as determined by the Secretary of Labor. 7. 16 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 , M documentation reflecting SUBGRANTEE'S unsuccessful efforts prior to utilization of CDBG Funds for payment of impact fees. l 7. 17 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. i 7. 18 SUBGRANTEE hereby agrees to administer, in good faith, a policy designed to assure a workplace free from the illegal n.i use, possession, or distribution of drugs or alcohol by its beneficiaries. 7. 19 Subgrantee 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. 7.20 Subgrantee hereby agrees that: (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. CAF#21.Tem Rev. 6/24/91 -11- r t 4J (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. (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 cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 7 .21 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 F' 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. 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 is still in force, any subsequent request for payment shall be withheld by COUNTY. 8 .4 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 CAF#21.Tem -12- Rev. 6/24/91 i S� Y: J operations of the local government or, at the option of that government, may cover only the department or agency that received, expended, or otherwise administered the federal funds. Such audit must be filed with COUNTY within one hundred eighty (180) days after the close of the fiscal year of the governmental entity. All grant funds from COUNTY should be shown via explicit disclosure in the annual financial statements and/or the accompanying notes to the financial statements. 8.5 SUBGRANTEE hereby agrees and understands that all funding authorization through a CDBG shall be used only for eligible activities specifically outlined in this Agreement. SUBGRANTEE shall demonstrate significant material progress within the timetable in Exhibit "D, " attached hereto and by reference made a part hereof. In the event such material progress is neither evidenced nor commenced within said timetable, the CDBG Funds shall revert to COUNTY as provided in this Agreement and shall be issued by COUNTY at its discretion for reallocation to other eligible CDBG projects. 8. 6 Program income generated as a result of receipt of CDBG Funds shall be retained by SUBGRANTEE. Additionally, this income should be added to funds committed to the Project(s) by the SUBGRANTEE and used proportionally to the original allocation to further eligible program objectives. Expenditure of program income is subject to the conditions prescribed by H.U.D. and by the terms of this Agreement with Broward County. The amount of 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 .7 COUNTY shall have the right to audit and monitor any Project(s) income as a result of a CDBG activity. 8. 8 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. 9 SUBGRANTEE hereby agrees to submit to the Division within thirty (30) days of the completion of each Project(s) I as set out in Article III, a complete financial accounting of all its Project(s) activities, as provided hereinafter in Exhibit "F, " attached hereto and by reference made a part hereof. 8.10 Any real property under the SUBGRANTEE'S control that was acquired or improved in whole or in part with CDBG Funds in excess of $25, 000.00 shall either be: CAF#21.Tem Rev. 6/24/91 -13- a, (a) Used to meet one of the National objectives in 24 CFR 570. 208 until five (5) years after expiration of this Agreement; or (b) Disposed of in a manner that results in the COUNTY being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to the expenditure of non-CDBG Funds for acquisition of or improvement to the property. ARTICLE IX INDEMNIFICATION CLAUSE 9. 1 SUBGRANTEE, to the extent allowed by law, will at all times hereafter indemnify and hold harmless, COUNTY, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained 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. d y ARTICLE X EVALUATION AND MONITORING SUBGRANTEE agrees that the Division will carry out periodic monitoring and evaluation activities as determined necessary by the Division. The continuation of this 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, in-kind contributions and output measures. Upon request SUBGRANTEE agrees to furnish to the Division Director, COUNTY or their designees, such records and information, including copies and/or transcriptions, as is determined necessary by the Division or COUNTY. SUBGRANTEE shall submit on a monthly and quarterly basis, and at other times upon the request of the Division Director, information and status reports required by Division, COUNTY or H.U.D. on forms approved by the Division Director. CAF#21.Tem Rev. 6/24/91 -14- Li 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 SUBGRANTEE and shall terminate on September 30, 1992 . 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 SUBGRWTEE. Said notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. COUNTY shall be the final authority as to the availability of funds. 12.2 if, through any cause, SUBGRANTEE fails to commence work on the Project, as set forth in Exhibit "D, " within three (3) 11 months from the date of execution of this Agreement, or fails to fulfill in timely and proper manner its obligations under this Agreement, or if SUBGRANTEE shall violate any of the covenants, agreements, or stipulations of this Agreement COUNTY shall thereupon have the right to terminate this + Agreement or suspend payment in whole or part by giving ij written notice to SUBGRANTEE of such termination or suspension " of payment and specifying the effective date thereof, at least F five (5) days before the effective date of termination or suspension. If payments are withheld, the Division shall specify in writing the actions that must be taken by SUBGRANTEE as a condition precedent to resumption of payments jand should specify a reasonable date for compliance. I 12 . 3 In the event of termination, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, capital equipment and any other assets secured by SUBGRANTEE with CDBG Funds under this Agreement shall be returned to COUNTY. 12.4 Notwithstanding the above, SUBGRANTEE shall not be relieved of liability to COUNTY for damages sustained by COUNTY by virtue of any breach of this 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 Rev. 6/24/91 -15- 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. ARTIC�II SUSPENSION OF PAYMENTS 13 . 1 The parties hereby agree that the olowing Such vents are sufficient cause for suspension of payments. nts 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; }. 1. (c) Failure to submit reports as required including a favorable audit report; and (d) Submittal of incorrect or incomplete reports in any l 4 material respect. i Y}, l 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, sociallicsecurity other and health insurance, employee benefits, purchasing p similar administrative procedures applicable to services rendered under this Agreement shall be those of SUBGRANTEE, which policies of onflict States policies shall rules orcregulationsh United relating to the use ofCDBG Funds. CAF#21.Tem -16- Rev. 6/24/91 n 4i 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 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 1! respective places for giving of notice, to-wit: FOR COUNTY: !I Theresa Gillis, Director Broward County Community Development Division Governmental Center, Room 336U k, 115 South Andrews Avenue Fort Lauderdale, Florida 33301 i FOR SUBGRANTEE: Robert Flatley, City Manager City of Dania 100 West Dania Beach Blvd. Dania, Florida 33004 CAF#21.Tem Rev. 6/24/91 -17- Yi ARTICLE XVII AMENDMENTS; ASSIGNMENTS 17. 1 It is understood that COUNTY, as Grantee, is responsible to H.U.D. for the administration of CDBG Funds and may consider and act upon reprogramming recommendations as proposed by its SUBGRANTEES or the Division after appropriate referral to the Committee. In the event that COUNTY approves any modification, amendment, or alteration to the funding allocation, SUBGRANTEE shall be notified pursuant to Article XVI and such notification shall constitute an official amendment. 17 .2 COUNTY may, in its discretion, amend this 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. :X � 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. ;i 17 .4 It is agreed that budget transfers in excess of a cumulative total of five percent (5%) from within the approved municipal Project(s) budget shall be executed in the following manner: ,V (a) The transfer request shall originate from SUBGRANTEE and shall be forwarded to the division for processing. (b) The request shall include: a narrative justification for the proposed transfer and five (5) completed copies (with manual signatures) of the Budget Transfer Request Summary Sheet as provided in Exhibit "G. " 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. 6/24/91 -18- i 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 denial shall be returned to SUBGRANTEE within two (2) working days. (f) It is agreed that it shall be the responsibility of SUBGRANTEE to keep its local citizen participation unit informed of all budget transfers, alterations, modifications and amendments. 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 executed with the same formality and of equal dignity herewith. 17. 6 SUBGRANTEE shall not transfer or assign the performance of services called for in this Agreement without the prior written consent of COUNTY. ARTICLE XVIII 4 REPORTS PLANS AND OTHER AGREEMENTS 1+ All reports, plans, surveys, information, documents, maps and other data procedures developed, prepared, assembled or completed by SUBGRANTEE for the purposes of this Agreement shall become the property of COUNTY without restriction, reservation or limitation 1 of their use and shall be made available by SUBGRANTEE at any time upon request by COUNTY or Division. Upon completion of all work COT under this Agreement, copies of all of the above data .,- shall be delivered to the Division Director upon his/her written request. ARTICLE XIX CONFLICT OF INTEREST SUBGRANTEE covenants that no person who presently exercises any functions or responsibilities in connection with the Project(s) has any personal financial interest, direct or indirect, in the Project during this tenure or for one year thereafter as provided for in 24 CFR 570.611(b) , which would conflict in any manner or degree with the performance of this Agreement, and that no person having any conflicting interest shall be employed or subcontracted. Any possible conflicting interest on the part of SUBGRANTEE or its employees shall be disclosed in writing to the Division. It shall CAF#21.Tem -19- Rev. 6/24/91 i not be deemed a conflict as long as all purchasing for consumables, capital equipment and services are obtained in conformance with Article V. However, this paragraph shall be interpreted in such a manner so as not to reasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation Of lower income residents of the Project(s) target area(s) . ARTICLE 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 `j proceeding may be heard and determined in such court. Each party further agrees that venue of any action to enforce this Agreement y shall lie in Broward County. ARTICLE GOVERNING NG LAW The parties agree this Agreement shall be construed in accordance with and governed by the laws of the state of Florida. ARTICLE XXIII SEVERSEVE�BILITYBILITY 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 be force of the remainder of the Agreement. CAF,#21.Tem Rev. 6/24/91 _20_ t t; 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 have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through the BROWARD COUNTY ADMINISTRATOR, authorized to execute same by resolution of the Board of County Commissioners, and CITY OF DANIA, signing by and through its Mayor-Commissioner, duly authorized to execute same. COUNTY ^e"5. WITNESSES: BROWARD COUNTY, through the BROWARD COUNTY ADMINISTRATOR By i County Administrator day of , 19_ 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. 6/24/91 -21- i Yi O0� PROVIDING FOR TY OF DANIA FOR SIDEWALK AGREEMENT BETWEEN BROWARD COUNTY AND CI OMMUN TY OF IMPROVEMENTS IN THE MOUNTOT OF $100 ITY DEVELOPMENT BLOCK GRANT FUNDING AND ADMINISTRATION OF C PROJECTS SUBG CITY OF DANIA WITNESSES: p J - ° BY L���, �iL�sio i n �1P 2 ayor ommissioner l JrL' day of 19 q l . 1� ATTEST: .�• i' By Cit 3 4� r�r City Manager day of 19�, � , R. (CORPORATE SEAL) APPROVED AS TO FORM: By a1 4/ � ��y� City Attorney PME:bjw 9/16/91 dania.a01 #91-61.01 CAF#21.Tem -22- Rev. 6/24/91 t 4: Y CITY OF DANIA XVII YEAR CDBG — SIDEWALK IMPROVEMENT EXHIBIT "A" PROJECT(S) DESCRIPTION The Sidewalk Improvement will include• the installation of sidewalks where non exists, improvements to street pavement and the repair of existing sidewalks. The street locations are as follows: 1. N.W. 2nd Street between N.W. 4th Avenue and N.W. 14th Avenue 2. N.W. 9th Avenue between N.W. 2nd Street and N.W. 3rd Street. These improvements are in Census tract 805 which is located in the Dania tarS� c area. —23— i , CITY OF DANIA XVII YEAR CDBG - SIDEWALK IMPROVEMENT EXHIBIT "B" COSTS/BUDGET FOR PROJECT(S) Instructions For each cost category (personnel, fringe, etc. ) enter the proposed amount necessary to complete the project. (Please refer to allow- able cost for H.U.D. Share of Budget) . (Non CDBG Resources) Category CDBG (1) City 12) Total A. Personnel Y B. Fringe Benefits { ' C. Travel D. Equipment E. Supplies F. Contractual $ 7, 500 G Construction $ 92, 500 H. Other $1,745, 895tl0 I. Totals $ 100, 000 $1,745, 895 Per attached detail. City resources expended in Target area. ) Budget Narrative Instructions The budget narrative must be attached to this Exhibit. The budget narrative statement should provide a detailed justification for each cost category shown on this Exhibit. The budget narrative should identify non-CDBG resources to be utilized in financing the project. Also, specify the costs for which CDBG funding is being requested and the costs to be covered by non-CDBG resources. -24- v CITY OF DANIA XVII YEAR CDBG - SIDEWALK IMPROVEMENT CITY OF DANIA IR-KIND CONTRIBUTION: Personnel: 2 Code Enforcement Officers (30%) $ 13 , 550 Public Works - Trash Removal/ Lot Cleaning in Target Area (309s) 118, 875 Recreation $ 74, 660 After School Program 13 , 680 Summer rec. Program 17, 325 y ^ ' Community Develop. Director (15%) $ 7 , 410 Growth Mgmt. Director (1596) 7 , 410 j Clerical Staff (1596) 7, 280 y $ 260, 190 Benefits for above staff : $ 111, 845 Contractual: I Broward Sheriff Contract (40%) $1,117, 370 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 Summer Recreation 22, 900 Modello Park 34, 400 - $ 256,490 IN-KIND CONTRIBUTION TOTAL $1,745, 895 OTHER AGENCIES: L. Other - BSO Neighborhood Watch Program $ 2,000 -24A- 1_ t , CITY OF DANIA XVII YEAR CDBG - SIDEWALK IIMPROVEMM BUDGET NARRATIVE CDBG COSTS F. Contractual: $ 7 , 500 Engineering fees for designs, i preparation of specifications, aand inspection of in-progress s construction G. Construction: $ 92, 500 5-ft sidewalk, approx. 10, 700 lin. ft. F Type curb, approx. 10 ,700 lin. ft. Street widening & paving, approx. 5, 350 lin. ft. TOTAL: $ 100, 000 -24B- i bl 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 r ( recruitment of personnel I` (b) Bad debts do (c) Contingencies u (d) Contributions and donations ai (e) Entertainment (f) Fines and penalties (g) Interest (h) Losses on other grants or contracts Most other categories of cost are generally allowable under the cost principles provided the costs are allowable and reasonable. I 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 Rev. 6/24/91 -25- 4 d. EXHIBIT "B" (Continued) Travel costs consistent with established organizational policy are generally allowable. The difference between first class and coach air fare is specifically unallowable. In the absence of established organizational travel policy, it is a good practice to adopt policies consistent with the federal travel regulations. Equipment costs should be based on the least cost method of acquisition (rent, purchase, lease with option to buy) over the grant period as demonstrated by competitive bidding. Equipment costs are only allowable to the extent the equipment is directly necessary to accomplish the grant. The cost of equipment not fully utilized under the grant must be allocated to other organization costs to assure a fair share distribution. Whenever practical, used equipment should be considered in meeting equipment needs. Material cost directly associated with the project are allowable. Prices must generally be justified through competitive bids except for nominal purchases. 'a Subcontracts must be awarded on a competitive basis except in extraordinary circumstances. The same principles applicable to individual cost principles for grantees are generally applicable cost-reimbursement type subcontracts under grants. Consultant agreements should include a certification by the consultant that the consultant rate is equal to or less than the lowest rate the consultant accepts for comparable work. Additionally, the Congress has prohibited the salary component of consultant fees under H.U.D. grants to exceed $193 .00 per day. Construction costs include construction of new buildings, structures, or other real property as well as alteration or repair of existing structures. Construction costs should be supported by ' detailed cost estimates and competitive bidding. Other costs include all types of direct costs not specified above. Normally, such costs include space, telephone, utilities, printing, and other basic operating expenses. CAF#21.Tem Rev. 6/24/91 -26- ; 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: � f B.1 (a) Project Cost r d Funds Expended Percentage h � to Date Total Protect $ $ $ CDBG Funding $ $ $ I Other Funding $ $ $ (State Source) B. 1 (b) Declaration of Agency Budget Changes Program Income• Source of Program Income: B.1(c) Other Grant Awards Date s : Dollar Amount(s) : Funding Source(s) : CAF#21.Tem Rev. 6/24/91 -27- t t W Funding Contact Person(s) : B. 1(d) Describe attempts to secure additional funding B.2 (a) Percent of Proiect Completed to Date: B.2 (b) Anticipated Changes in Staffing 1. Office Hours: 2 . Resignations: 3 . Part-time or Full-time Employee(s) : { C. 1. Brief Proiect Description & Proiect Location q FFIi 2 . Describe Specific Work Tasks and Oualified Accomplishments Completed this Month I Qualified Accomplishments Task This Month i 3. Describe Success or Problems Encountered with the Project CAF#21.Tem Rev. 6/24/91 -28- i a; i 4 . Anticipated problems or concerns with project with which the Community Development Division could assist you. 5. Anticipated advertisements and/or other contractual services. If so, has Community Development staff been advised and appropriate steps taken to assure compliance? 6. If applicable please complete the following Direct Benefit Report Form on all program participants. CAF#21.Tem Rev. 6/24/91 -29- i t t n 4i r Y -OG b O E to 7 w Tax v u oua' C w ❑ a ,i m u w m m C F N 'C a a U 14 .14 � C m L m m m to -14 14 W m C ai G H la -14 ca p m u a W O C C m U C m a y O §�. a ci y-j m +>i F a 9 E C v m H u G H < .10 m a ij 04 o a o 12) U .p F. O S' _. M 3+ o H w a W U a H A 14 ca Ga C 0 z m o 14 L•] y i I 7. ami a 14 c ... °O + CD + 1 L .A .y O L y w 3 z O O C A L H d E m V w o C F ] H y 67 * u u H C C a u C u E u a o a o o C 14 H H W a Y+ m T '-I b O c s d x u o F a r+ A u y E A u 7 m O Z T w N is ro u s L a a o a m H � � v p i 4 c 0 DIM y J' Si C 0 CI C1 E CL 7 7 U y O e m N n N ^— Z fa 0 O �la '4 O I to L L � G H U 2 z to 21 0 N 1 0 G �, N M , a i 1 O y O W N % O � G N L•a v.� ro _J r-1 N N N N N N 0)1} N O% 0) 01 0) 01 O1 m O% •!� rHi c� U a . -0 E. � A � .gip .r-q H � .-I Pp U - v H O .O L NU N fG �1i w >+ U G 41 O U G poX • EOr+J., SN II � m OOU) Aa v N U ioN C iqOO in G N a) b U y1-1 U4 C 'd 1 ro •./ rJ _IO U U}yyNn�A O v . y ro u ro A o ro a ov U CD U I O N ri > ao c) L $, :W 7 U1 M .i G a v cc Cm ro d W c y A 0 •.i N ro 0 4 0 :4 O ti N I t 4 CITY OF DANIA XVII YEAR CDBG - SIDEWALK IMPROVEMENT EXHIBIT "D" TIMETABLE/SCHEDULE FOR PROJECT(S) WORK TASK (S) TIMETABLE Start-up Completion ". 1 . Engineering Study and - ' Preparation of Bid Specifications Oct. 15, 1991 Jan. 30, 1992 ,j y � n � .$ 2. Advertising of Bids Feb. 01, 1992 Feb. 18 , 1992 '.z 3 Award of Bid Mar. 10, 1992 I 4. Construction Apr. 01, 1992 Sep. 30, 1992 -32- l N. z Y EXHIBIT "V 24 CFR 85 — c (IJAdequAle maintenance procedures use.(1)Equipment shall be used Purposes.ind the grantee or subgrantee ( J grantee or subgrantee In the mull be developed 10 keep the property shall not dispose b(or encumber 11'UUa by the or project for which 1t was • In good condition or other Interests. ! e Is acquired■s long a needed.whether or (S)if the grantee or aubg antes L (e)Disposfziom When real prop :tY not the project or program continues to authori:ed or required to sell the no longer needed foe the originally be supported by Federal funds:When no yyroperty.proper sales procedures must authorized purpose.the grantee or PP Am be established to ens•_a Lhe highest subgrantee Will request disPO"don c�ngro eeL the equ pmenerneeded for the t may ben ed In pos3' rerun lnit:veliom from the awarding agency. P j rc Leer;ent equipreal':quired under. The Instructions will provide for ol Or ne°( supported by a Federal agencyviou'ly A pe,c.:m sub equipment no la.•tgIn nr needed the following alternatives: gran or subgrantee shall g sm or for (1)Rekn/ion o/title.Retaia title afle: (2J The use .(ar the arii;nal projce:o:p:og: compensating Use awArding+gency.The dso make equipment macros cableurenU oche:ictfvitrej a :tatly or previously amount paid to the awarding Agency on other projects orprog Y supported b a Federal 2Itncle . will be computed by applying Use or prev ously supported by the Federal diosition of the equipr..c-1 wfll be awarding agency's percentage of Governmenl.prondtng such we will not rade as follows: participation in the wet of the original L:lerrere with the work on the projects Items r equipment with+ c:a nt Cr.C-il fait mA:ktl YilVt Of h:l Lin L purhue to the fair mukel value of the or program for which It wu origins s Ss.wo may be retained,sold e: properly.q-fowevet.irs those situation' acquired.Finl preference for other use P where a grantee or subgrantee is shall be given to otherproe•ans or otherwise disposed orw%%no fu..thcr disposing orAAI property acquired with projects supported by the awarding obligation to the aws:d-rg Agl-ey ant funds and Acqutti$laplaeerenl agency.User fees should be ea aide e3 (2)Items or egcipre t with a e_ enl teal prose ty under the same Prog as ff appropriate. per Veit fair market oiler in tries o[ the metproceedl from the dispwiCon (JJ Notwithstanding the a to tarn w=maybe retained or'Old and the may be used as an offset to the wit of encouragement In§ F 4 9e( ) awarding agency shall Lave a right to as the replacementpropery. program income.lheganleeor snouatalalaledLyr..-�tiplyi:$ the (2)Sale ofprperfy.Sell the prope:y subgrantee must not use equipnenl cur.cal r..a:ke(value a:proceeds Fom -and compensate the awarding agency. acquired with grant funds to provide sale by Lhe awa.aiag A a The amount due to the awarding agency• ac:vfee'for a fee to compete unfairly LLe tquipr..ent will be LICUTAted by applying the with private companies that provide (J)I,cases whc. a g sari or ' awarding'agency's percentage of equivalent services.VAeJ3 specifically lubgranlee fail'to like Appropriate participation in the cost or the original permiltedoreontemplitedbyFederal 6spcsitiensetiors.L:eawa:dingalenrl f purchase to the proceeds of the sale statute. r.iy direct the grange!or lubb•anlee to ( after deduction of Any actual and (�)When acquiring replacement lake ez:ea and lisp::iUcn acuoas. -' expenses.][theganti�s;llgAepive the nayuuLheeqment.the uipnemtobereeplacedl' (nF=antee or subg7antee �e-lequip.-srss;•.V.eveaCa grime: er 1ubgrant::is p girded net proeeld3 F.on silt may be offset a trade-in or sell the Prose.ty and use feae•aily-cwned equip=cat against the original cost of the pmpc.'•y. the proceeds to offset the rant of the (1)TrLle will r:.a:a vested in t:- When a grL•stee or 3ubg-antee is replacement prose e.subject to the Fcdl:al G ve. eat directed to sell property sales approval of the Awa:'_ipg agtncy. (2)Craatees or s• r.sr!"es wi'1 roceduresshallbe followed that jd)Managementi--quircments. ran Age Leequipnl-liv.act:tea-ce provide forranpetidon to the extent Procedures formanaging equipment v,ithFcdl:Al agency and practicable and resull in Le highest (Deluding replaeeaeat equipment), proc and su. ofsiblereturn. whether acquired in whole Or Inpa:t y.vcntorybstisg. p •(J)Ttrnsferoftitle.Tracareradcto -with grant fusd3.unU1di3posidonLikes (3)VJbea the eq p-e-tit-alcr.ge. the Awar&.g agency or to a third-Part' place will.as a r1ai =.me:-Ere nl:d:d t::grantee or s F.s:.te!will deaigaatadJ+Pr.ovedby the awa.-dng followingricquirements: rtquest '�•sposltfo:csL::S°:s!':cr.the ageney.Tae g Antee or aubg anlee shall (1)p ape y,recaras nellbe i:de:ll ai:ne/. be paid In amount 01=11sted by _, d _ !.•_%r.T::Fed::al rai.._:ne Ural L•:elude a de:cptiea 0r .(_l a: applyL:g LLe gantr_anu5granta: a ttit Prcpe-•,a sepal number o:Cate: Awe:d:- a-•ns may ms:rcc �.•• pt=•Ztage of particpatan I-%the 1deaUtaUon au_be:.LLB sou.:: or to C_sre:little tot:::a:e:al PC:-ease of 6C real prope:y to the pr°pe.y wboboids UUe.Lhe AequltUc: =.zt°:i L�_:per•=a'ed LY' e:r-nt fi_market value of the date,end Cast or the proper y, Le AWL:.—$ag:z %,v a_c- L r propT. pr_catageorFed::alpaYScpsdcnLz ps::yi' eLLeiseeg:.:.'=iiexis'_$ i yv Pa.nt the east of the Property.the 10clu"use star:leL SU6�tw taros•!rz I.. be subleet and andition of Lhe popery.a.•sd any to Ott following stl-d3_s: (a)Title.Subject to the obligations ultimste disposition data f:eludi-4 all It)it a prop•:J shall b•e idt-^•t:fied in and randitioct set font in this section. date or disposal and sale prier of the _Le r'at e:olher`:':_3dc lm'C-to title to equipment acquired under a proFe'Y P &c gram Ie:In wn&4- $ shoal zaatorsubgit will vulupon 2 A h ncalinvcnlo ofLlie (2)Thc Fed C.Llawa__ agency acqui'ition in the grantee or Aubgraatet ( ) P Y n' '•:r sc;wslti Propertynot a taken and the results luue.d J;cslu0a:'s:�:: a WILL:--1'� (b)Stoke.A State wIN use.manage, reconciled with the prose y records at ule:da:d7ys A!lf LLe e: a Cl or whfcb and di'pa'e of equipment aegcired least once every two ycLM. Federal s port o[the V. ' It was Acquired.If Le Fed::alawn:d=g Coder a grx'ra by the State In aerordL•sce (3)A cc system must be A e e fail'to In_e d sposlticn With State laws and pr=dures.OtLe: developed la ensure Adequate . J _ a tires Lsd su'og asters Yrill fallox aa(eg3:L'da to preVentlo'A.damage.Or LstoL the s ,�All followe der day P'tag apbs(e)(Lroug3 (e)of tLia theft of the property. i.1yloss. ruma3e. Pt•S gr z section. or theft shall belnvutfgated. ----�•(e)• -33- t n ; -7L- H W z O 7FT. ?H4 U 6 zl q UWV H z CO .•�. �4 ai C Z >4d H COw � H W q .... V W x y W O d > y U W Ri a V1 q z W q 7. W q Z • W W W H !C v w ., z � q F U1 F y w W 00 H LL EH W W q C.) O w O F+ U H z Lzc� .7 y ,..� Hc0 4 x z i w O U 0 H q J G H Ln C W F U co H H N V � H a W4 Fy W T H x L C. Ln 6 F i W F ti V H O a w " ,a a ,a 0 a W N H V O u 44 UI N C o z o F W 0 0ycn H ra O U i i� rl 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 IS I Expenditures Obligations Current Proposed Prolect(s) To Date To Date Contract Contract `1 X �! a i Signature of Authorized City Official/Title Date CAF,#21.Tem Rev. 6/24/91 -35- l . Y: EXHIBIT " (Continued) For Community Development Use Only Approved Disapproved Date Signature Attachment: 1, Narrative Description y i ' A i CAF#21.Tem -36- Rev. 6/24/91 { Yi ro E 4J E 2 N O w 7 1a £ •n W Aro f4 p o �a 0 O I w ro H p w xo ro k�] E + N N p O Hro ro O.N. 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