HomeMy WebLinkAboutR-1991-130 'L
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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 '
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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XV ALL PRIOR AGREEMENTS SUPERSEDED 17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
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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
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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
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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.
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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:
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(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
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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
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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
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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
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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.
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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.
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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.
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{ '( 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.
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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
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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.
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(i) Transfers of real property acquired with or improved by
use of CDBG Funds shall be accomplished by use of one of
the following methods:
1. For all transfer of single family lots, 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
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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.
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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.
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(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
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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
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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_
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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
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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-
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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-
;
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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
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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-
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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-
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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-
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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
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CAF#21.Tem -36-
Rev. 6/24/91
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