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HomeMy WebLinkAboutR-1991-129 RESOLUTION NO. 129-91 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THAT CERTAIN AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA FOR MODELLO PARK IMPROVEMENTS IN THE AMOUNT OF $100,000.00, PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That that certain Agreement Between Broward County and City of Dania for Modello Park Improvements in the h'. Amount of $100,000.00, Providing for Funding and Administration of Community Development Block Grant Projects, a copy of which is ' attached hereto as Exhibit "A" , be and the same is hereby If Iapproved, and the appropriate city officials are hereby directed to execute same. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. 22nd October ° i PASSED and ADOPTED this day of , 1991 . MAYOR - COMMISSIONER ATTEST: CITY CLERK - AUDITOR APPROVED A/1 S TO FORM AND CORRECTNESS: 41 6 • 4(A FRANK C. ADLER, City Attorney 129-91 Resolution No. i t , y , r A G R E E M E N T Between BROWARD COUNTY ! and , CITY OF DANIA ik 3 .y for 3 MODELLO PARK IMPROVEMENTS IN THE AMOUNT OF $100. 000. 00 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS EXHIBIT " "A ! 4 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AGREEMENT 15 15 XII TERMINATION li XIII SUSPENSION OF PAYMENTS 16 XIV INDEPENDENT CONTRACTOR 16 XV ALL PRIOR AGREEMENTS SUPERSEDED 17 XVI NOTICES 17 XVII AMENDMENTS; ASSIGNMENTS 18 '.� XVIII REPORTS, PLANS AND OTHER AGREEMENTS 19 XIX CONFLICT OF INTEREST 19 XX EXECUTION 20 XXI CONSENT TO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 i ri INDEX EXHIBITS PAGE EXHIBIT "A" Project(s) Description 23 EXHIBIT "B" Costs/Budget for Project(s) 24 EXHIBIT "C" Monthly Progress Report 27 EXHIBIT "D" Timetable/Schedule for Project(s) 32 EXHIBIT "Ell24 CFR 85 33 EXHIBIT "F" Final Accounting for Project(s) 34 EXHIBIT "G" Budget Transfer Summary Sheet 35 EXHIBIT "H" Funding Agreement History 37 CAF#21.Tem Rev. 6/24/91 -ii- i 4 A G R E E M E N T Between BROWARD COUNTY and CITY_ O�IA for MODELLO PARK IMPROVEMENTS IN THE AMOUNT OF $100)0 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS �i reement between: BROWARD COUNTY, a political This is an Ag its successors and assigns, subdivision of the State of Florida, through its Board of County 1' hereinafter referred to as COUNTY, ,j Commissioners, AND Z 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 rand payments mutual terms and conditions, promises, i hereinafter set forth, COUNTY and SUBGRANTEE agree as follows: ARTICL 1 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 by the partire assumed to be true and correct and are ag uponTEE to assurances 1. 1 AS_ S�CES: means 5hoseet rth in this Agreement. SUBGRAN t. COUNTY specifically CAF#21.Tem -I- Rev. 6/24/91 b: 1.2 BROWARD COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM or PROGRAM means Community Development Program applied for by Broward County and awarded by the United States Department of Housing and Urban Development as authorized pursuant to Title I, Housing and Community Development Act of 1974, Public Law 93-383, as amended. 1. 3 CDBG Funds: means the Community Development Block Grant Funds; the monies given to SUBGRANTEE pursuant to the terms of this Agreement. 1.4 COMMITTEE: means the Committee for Community Development created pursuant to Broward County Ordinance No. 84-3. 1.5 COUNTY: means Broward County, Florida. 1.6 DEPARTMENT: means the Finance and Administrative Services Department of Broward County, Florida. 1.7 DIVISION: means the Community Development Division of Broward 1 County. 1.8 GRANTEE: means Broward County, Florida, as Grantee of the Broward County Community Development Block Grant Program. 1.9 H.U.D. : means the United States Department of Housing and Urban Development. 1. 10 PROJECT(S) : means the project or projects set forth in Article III hereof, and Exhibit "A" entitled Scope of Services and Timetable. 1. 11 RULES AND REGULATIONS OF H.U.D. : means 24 CFR 570, "Community Development Block Grant Regulations"; 24 CFR 85, "Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal Government"; OMB Circular A-87, "Cost Principles for State and Local Governments"; OMB Circular A-128, "Audits of State and Local Governments. " 1. 12 SUBGRANTEE: means City of Dania, municipality as subgrantee for the Project(s) included in the Broward County Community Development Block Grant Program. CAF#21.Tem Rev. 6/24/91 -2- 5 ' di 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 of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 2 . 1 Title I, of the Housing and Community Development Act of 1974, P.L. 93-383, consolidated several existing categorical programs for community development into a single program of Community Development Block Grants ("CDBG") for the purpose of allowing local discretion as to the determination of needs and priorities for a community development program. The needs and priorities of community development in Broward County were determined by the Committee, the municipalities and 1. ^, unincorporated communities participating in the Broward County Community Development Block Grant Program. 2 . 2 Pursuant to 24 CFR 570. 200(a) and 570.301 of the Rules and Regulations of H.U.D. , the Project(s) were included in the Broward County Community Development Block Grant Program submission to H.U.D. It was determined that the proposals funded under this Project(s) would address one or more of the following three national objectives: (a) Activities benefiting low and moderate-income persons. (b) Activities which aid in the 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.U. 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 t , 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. a Ali ARTICLE III PROJECT(S) SUBGRANTEE hereby agrees to provide and implement the ' following eligible Project(s) : MODELLO PARK IMPROVEMENTS 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- i 4. that SUBGRANTEE complies with the procedures for invoices and payments as set forth in Article V herein. 4 . 3 This Agreement is contingent upon the availability of COUNTY funds, as more specifically described in Article XII hereof. 4 .4 COUNTY shall pay SUBGRANTEE as specific consideration for the indemnification of Article IX, the sum of ONE DOLLAR ($1. 00) in cash, the receipt of which is hereby acknowledged by SUBGRANTEE. ARTICLE V PROCEDURES FOR INVOICING AND PAYMENT 5.1 SUBGRANTEE, a municipality, shall invoice COUNTY monthly on the following basis: (a) SUBGRANTEE shall provide COUNTY with a certified copy of the bid awards, if necessary, authorizing the work to be done on the Project(s) . k (b) SUBGRANTEE shall describe the Project(s) services it T presently has. { + (c) SUBGRANTEE shall submit a certified coy f the purchase order authorizing the services for which itisinvoicing. (d) If SUBGRANTEE has awarded a contract to an independent contractor to perform Project(s) services, SUBGRANTEE 111 shall submit to COUNTY a certified copy of the .' contractor's invoice stating the services rendered and the date the services were rendered. (e) SUBGRANTEE administrator or his authorized representative shall certify that the work that is being invoiced has been completed. (f) In addition, SUBGRANTEE shall provide COUNTY with monthly progress reports, as provided in Exhibit "C. " 5.2 Upon receiving the invoices, reports and other materials as described by Section 5. 1, the Division shall audit such bid awards, contracts, reports and invoices to determine whether the items invoiced have been completed and that the invoiced items are proper for payment. 5. 3 Upon determination by the Division that the services or material invoiced have been received or completed, the Division shall authorize the Broward County Finance and CAF#21.Tem Rev. 6/24/91 -5- 1 Administrative Services Department to make payment to SUBGRANTEE the amount it determines, pursuant to the audit, to be payable. 5.4 For purposes of this section, invoices, reports and other materials as described in Section 5. 1, shall not be honored if received later than sixty (60) days after expiration or termination of this Agreement, except invoices for impact fees which will be honored up to twelve (12) months after expiration or termination of this Agreement. 5.5 SUBGRANTEE agrees to notify the Division at least forty-eight (48) hours in advance of the date that work on the Project(s) will be initiated in order that on site inspections may be conducted' by COUNTY. 5. 6 SUBGRANTEE agrees to expend the funds allocated to the Project(s) by September 30, 1992 . All funds not expended within the term of this Agreement shall remain in the custody and control of COUNTY. �i ARTICLE VI ii IMPLEMENTATION AND TIMETABLE ' 6. 1 SUBGRANTEE agrees to implement Projects) and comply with the timetable set forth in Exhibit "D, " attached hereto and made a part hereof. Failure to maintain the implementation schedule within sixty (60) days of the checkpoints identified in the timetable shall warrant a full review by Division staff. Such referral shall be the first step toward possible reprogramming of funds. Failure to maintain the implementation schedule within ninety (90) days of checkpoints shall be cause for an attendant recommendation from the Division that all uncommitted and unexpended funds be transferred to the contingency account or be reprogrammed, ' consistent with the Housing and Community Development Act of 1974, as amended. 6.2 All specifications and plans prepared or to be used for the Project(s) shall be certified and approved by SUBGRANTEE and submitted to the Division for approval prior to advertisement or implementation as applicable. 6.3 No construction work may be undertaken without written authorization from the Division prior to SUBGRANTEE'S issuance of a formal Notice to Proceed. 6.4 All change orders must receive prior approval from the Division. CAF,#21.Tem Rev. 6/24/91 -6- 1 i •y 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 specifications or when, in the halt all work on the Project in the event that the work is no being done accortsjung d°judgment, the Division Director's j gm SUBGRANTEE or its contractor have violated federal guidelines and regulations, assurances contained herein, or the provisions of this Agreement. ARTIC�I ASSURANCES 7 . 1 SUBGRANTEE hereby agrees to comply with the provisions of Section 202, Executive order 11246 and with the guidelines for applicants on equal opportunity obligations for CDBG Funds in regard to construction contracts. 7 .2 SUBGRANTEE hereby agrees to submit to the Division at least ' two (2) weeks prior to the actual date, written notification of all prebid and construction contracts. 7 . 3 SUBGRANTEE hereby agrees to comply with all applicable ii federal, state and county laws, ordinances, and codes and regulation Any conflict or inconsistency between the above re g state or county guidelines and regulations and this federal, ved in favor of the more restrictive Agreement shall be resol regulations. _^ 7 .4 SUBGRANTEE hereby agrees to act in accordancep it arson in=the " the Civil Rights Act of 1964 (und SS-352) , P 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 o which federal anyprogaassist ivityce dwillimmediately take anysmeasures financial 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 SUBGRAN �ansferee, the forcase the period transfer of such property, any property n structure assistance used for a during which the real ederal finan purpose for which the fcialprovision of extended or for another purpose involving the services or benefits. CAF#21.Tem -7_ Rev. 6/24/91 is 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 A . choices with respect to such housing to all displaced persons regardless of race, color, religion, or national origin pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. JN ;i 7.9 SUBGRANTEE hereby agrees to provide COUNTY with a certificate s, q 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 JSUBGRANTEE 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- n 7. 13 SUBGRANTEE hereby agrees to comply with the following require- ments as they relate to acquisition, lease, sublease, disposition of real property. and (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 of the proposed lease or sublease andro cop e SUBGR obtain Lessor or Sublessor they Division's consent. SUBGRANTEE shall also notify the lease real in writing that he/she intends to in 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 that monies expended b g and understands Rules and Regulations by SUBGRANTEE are subject to the 1' between SUBGRANTEE and COUNTY ' and this Agreement Party to the lease or sublease agrees utoh bideab each Y y all applicable provisions of this Agreement and the Rules and Regulations of H.U.D. (b) Real property acquired through a CDBG funded Project g, shall be used for the provision of affordable housing, construction of a neighborhood facility,Y construction or other specified and utility a and shall demonstrate signifi activities cant material within eighteen (18) months of closing on suchs not progress In the event such material property. commenced within said eighteenr(18)1 months of evidenced closinnor g, 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 CO a result of the aforementioned deficiency orwnershi significant material progress or real property returned as a result of expiration and subsequent termination of the original Funding Agreement, shall be used by discretion for reallocation COUNTY at its 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- 4.: disposition of property by SUBGRANTEE shall be returned to COUNTY, unless otherwise provided for by written agreement. (e) Dwellings constructed (single-family or multifamily units) shall be made available for rent or purchase for no more than seventy percent (70%) of the median home sale price or rent unless written permission is received to charge otherwise. (f) Any regulations, policies, procedures, or requirements governing the acquisition, use and disposition of real property, including but not limited to the Uniform Relocation and Real Property Acquisition Policies Act, shall be followed and provisions of said regulations, policies, procedures and requirements shall be met. (g) The income of persons benefiting from acquisition of real property used for housing shall not exceed H.U.D. Section 8 guidelines unless written authorization is given by the Division. (h) Proceeds from the sale of real property purchased in whole or in part with CDBG Funds shall be handled in accordance with 24 CFR 85.31 pertaining to property { management. Y (i) Transfers of real property acquired with or improved by '� � use of CDBG Funds shall be accomplished by use of one of t, 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- 4, 4 Y 6i v 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 "j documentation reflecting SUBGRANTEE'S unsuccessful efforts prior to utilization of CDBG Funds for payment of impact fees. 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. 7 . 18 SUBGRANTEE hereby agrees to administer, in good faith, a f.J - � policy designed to assure a workplace free from the illegal 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- 4. 1 ` (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. P (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 \7 civil rights demonstrations. y ARTICLE VIII FINANCIAL RESPONSIBILITY .� 8. 1 SUBGRANTEE hereby gives COUNTY, H.U.D. , and the Comptroller General, through any authorized representative, access to and " the right to examine all records books relating to the Project(s) . Papers, or documents 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 Rev. 6/24/91 -12- i h ' a: 1 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 1' in this Agreement and shall be issued by COUNTY at its discretion for reallocation to other eligible CDBG projects. s 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 z, SUBGRANTEE and used proportionally to the original allocation w 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 i Project(s) income as a result of a CDBG activity. y agrees for 8. 8 SUBGprogramTincome related EE is dto Project(s)to and bfinan financed in whole account whole or 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 'IF, 'I 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 -13- Rev. 6/24/91 1 i 6: 1 (a) Used to meet one of the National objectives ino24this CFR 570.208 until five (5) years Agreement; or ts in the hat resUl (b) Disposesedfinrthe am unt a manner tof the current fair market TY value theless any portion of the value of the property f non-CDBG Funds for attributable to the expenditure to the property. acquisition of or i x ture o mp t ARTI�IX INDEMNIFICATION CLAUSE to the extent allowed by law, will at all times 9. 1 SUBGRANTEE, oldCOUNTY, its officers, hereafter indemnify andagainst arany sand all claims, losses, agents and employees, kind, including court liabilities, or expenditures of any or all accruing or resulting from any costs and expenses, from injuries or �t suits or damages of any person or pe kind resulting rsons, corporation or damages sustained by of this Agree men property, by virtue of the performance . E for 9.2 COUNTY gives specific consideration to SUBGRANTEreement he foregoing indemnifications in Article IV of this Ag l ARTS X �'°� � EVALUATION AND MONITORING SUBGRANTEE agr ees that the Division will carry out periodic f Agreement is dependent upon monitoring and evaluation activities as determined necessary by the Division. The continuation of this A9 planned versus satisfactory evaluation c scomparisonsu of1Op will be based on the terms of this Agreement,ect s scheduling, budgets, in-kind actual progress relating to proasu ( ) request sUBGRANTEE agrees contributions and output measures. Upon COUNTY or their designees, to furnish to the Division Director, including copies and/or such records and information, b the Division or transcriptions, as is determined necessary y uarterly basis, COUNTY. SUBGRANTEE shall submit on of monthly and Division Director, and at other times upon the request by Division, COUNTY or information and sttus reports the D requiredsion Director. H.U.D. on forms approved CAF#21.Tem -14- Rev. 6/24/91 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 °r writing to SUBGRANTEE. Said notice shall be delivered by certified mail, return receipt requested, or in person, with 1' proof of delivery. COUNTY shall be the final authority as to the availability of funds. 1 i 12.2 If, through any cause, SUBGRANTEE fails to commence work on the Project, as set forth in Exhibit "D, " within three (3) months from the date of execution of this Agreement, or fails to fulfill in timely and proper manner its obligations under this Agreement, or if SUBGRANTEE shall violate any of the covenants, 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 written notice to SUBGRANTEE of such termination or suspension of payment and specifying the effective date thereof, at least five (5) days before the effective date of termination or suspension. If payments are withheld, the Division shall specify in writing the actions that must be taken by SUBGRANTEE as a condition precedent to resumption of payments and should specify a reasonable date for compliance. 12.3 In the event of termination, all finished or unfinished 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. CAF121.Tem Rev. 6/24/91 -15- 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 = k 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. j For the present, the parties designate the followingas the ! respective laces for P p giving of notice, to-wit: y d FOR COUNTY• n,( Theresa Gillis, Director Broward County Community Development Division Governmental Center, Room 336U 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- t t 4% r 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 p mail, return receipt requested, addressed to the party for whom it j is intended, at the place last specified, and the place for giving y of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the �.� respective places for giving of notice, to-wit: FOR COUNTY. Theresa Gillis, Director Broward County Community Development Division Governmental Center, Room 336U 115 South Andrews Avenue Fort Lauderdale, Florida 33301 FOR SUBGRANTEE: Robert Flatley, City Manager City of Dania 100 West Dania Beach Blvd. Dania, Florida 33004 CAF121.Tem Rev. 6/24/91 -17- i Y/ Y 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 1} Agreement and shall be subject to approval of the Board of County Commissioners. 17. 3 The Division Director shall be authorized to approve line item 9 changes to the budget information set out in Exhibit "B" provided such changes do not result in an increase in the CDBG i Fund amount shown in Section 4 . 1 and Exhibit "B" attached hereto. z 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: (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- 1 L: 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. n ARTIC�I REPORTS PLANS AND OTHER AGREEMENTS All reports, plans, surveys, information, documents, maps and other data procedures developed, prepared, assembled or completed _ by SUBGRANTEE for the purposes of this Agreement shall become the property of COUNTY without restriction, reservation or limitation at any time of their u use b and shallCOUNT be maie availableponY cmpSUBGleti nE of all work upon req Y contemplated under this Agreement, copies of all of the above data shall be delivered to the Division Director upon his/her written request. ARTI�X CONFLICT OF INTEREST SUBGRANTEE covenants that no person who presently exercises any functionsperson f nancial responsibilities interest, d r ct orlindire the t�7intthe has any p ed Project during this tenure or for rch wone yea conflict in any manner or for in 24 CFR 570 r form n degree with the performance of this Agreement; and that no person having any conflicting interest shall be emartyof SUBGRANTEEploed orrorted its Any possible conflicting interest on the p employees shall be disclosed in writing to the Division. It shall CAF#21.Tem -19- Rev. 6/24/91 1 Yi 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 XX EXECUTION This document shall be executed in four (4) counterparts, each of which shall be deemed to be an original. ARTICLE XXI '. CONSENT TO JURISDICTION URI SUBGRANTEE hereby irrevocably submits to the jurisdiction of any Florida state or federal court in any action or proceeding i h arising out of or relating to this Agreement, and hereby irrevocably agrees that all claims in respect to such action or proceeding may be heard and determined in such court. Each party further agrees that venue of any action to enforce this Agreement shall lie in Broward County. ARTICLE XXII GOVERNING LAW The parties agree this Agreement shall be construed in accordance with and governed by the laws of the state of Florida. ARTICLE XXIII SEVERABILITY If this Agreement contains any unlawful provisions not an essential part of this Agreement and which shall not appear to have a controlling or material inducement to the making thereof, such provisions shall be deemed of no effect and shall, upon notice by either party, be deemed stricken from this Agreement without affecting the binding force of the remainder of the Agreement. CAF#21.Tem Rev. 6/24/91 -20- + 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 then provision is not insertedlthist Agreement shallcorrectlyt ed fo�rthw th upon be application of either party 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 re signingun b f and through its Boat-'d of oMayorCColissioner, and CITY OF DANIA, Y duly authorized to execute same. COUNTY r1,; !' WITNESSES: BROWARD COUNTY, through the BROWARD COUNTY ADMINISTRATOR BY �pp County Administrator • d day of �, 19` Approved as to form by Office of County Attorney Broward County, Florida JOHN J. COPELAN, JR• , S County 423Attorney Governmental Center, 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 -21- Rev. 6/24/91 i i AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA FOR MODELLO PARK IMPROVEMENTS IN THE AMOUNT OF $100, 000 . 00; PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS SUBGRANTEE WITNESSES: / l CITY OF DANIA C By Mayor-Commissioner /�IQe cnw l/ex�( liw�i i a�day of ATTEST: By City Clerk 1' City Manager"j j c9g�k_day of (/�C / , 19 '?� . �f 'a '9 (CORPORATE SEAL) ^' APPROVED AS TO FORM: By � City Attorney PME:bjw daniapk.a01 9/16/91 91-61.01 CAF#21.Tem Rev. 6/24/91 -22- CITY OF DANIA KVII YEAR CDBG - MODELLO PARK IMPROVEMENTS EXHIB� IT_ '__A" PROJECT(S) DESCRIPTION The Modello.Park Improvements will consist of the design and installation of the following by linear feet as specified below: 1. Fencing - Approximately 2,270 linear feet; 2. Sprinkler System - Approximately 10,700 linear feet; 3. Sodding - Approximately $150,000 linear feet; and 4. Landscaping The address of the park is 800 N.W. 2nd Street, Dania, Florida 33004, which is Np located within Census Tract 805 of the Dania target area. -23- t e 4l CITY OF DANIA XVII YEAR CDBG - MODELLO PARK IMPROVEMENTS EXHIB�" COSTS/BUDGET FOR PROJECT (S) Instr ° s proposed fringe, etc. ) enter the prop to complete the projec For each cost category (personnel , t. (Please refer to allow- amount necessary Share of Budget) . able cost for H.U.D. (Non CDBG Resources) TOtal Category CDBG ModellO Park operations $ 77 , 590 A. Personnel u 'ti $ 34 ,950 B. Fringe Benefits 750 C. Travel D. Equipment $ 15, 450 E. Supplies F. Contractual $ 5,000 $ 9 , 350 G Construction $ 95,000 $ 12,750 H. Other I. Totals $ 100,000 $ 150 , 840 — Budget Narrative Instructions justification for each The budget narrative must be attached to this Exhibit . The budge narrative statement should provide a detailed j or shown on this Exhibit. The budget narrative should cost category the prof identify non-CDBG resources to be utilized in financing requested and Also, specify the costs fornon1CDBG ch resources9 is being the costs to be covered by -24- 1 CITY OF DANIA %VII YEAR CDBG - MODELLO PARK IMPROVEMENTS IN-KIND_ Modello Park Operations $ 77, 590 A. Personnel B. Fringe Benefits $ 34 , 950 Longevity Social Security Retirement Life & Health Insurance Workers ' Compensation 1' C . Travel ,'j— Conferences and Seminars $ 750 E. Supplies $ 15, 450 Consumable Items ' Miscellaneous Supplies Athletic Equipment Building. & Grounds Supplies i Water Cooler F. $ 9,350 Contractual Maintenance of Bldg. & Grounds Maintenance of Machines & Equipment H. Other $ 12,750 Water ($ 750) Electricity ($12,000) TOTAL: $ 150, 840 -24A- 1 t CITY OF DANIA XVII YEAR CDBG - MODELLO PARK IMPROVEMENTS BUDGET NARRATIVE CDBG COSTS 1; F. Contractual: $ 51000 . Engineering fees for design - j of specifications and inspec- tion of in-progress work tdo 4 S �1 i G. Construction: $ 95,000 Fencing, approx. 2, 270 lin. ft. "w Sprinkler system, approx. 10,700 lin. ft. Sodding, approx. 150,000 lin. ft. Landscaping TOTAL: $ 100,000 -24B- i n _EXHIBIT "B" (Continued) Allowable Cost for H.U.D. Share of Budget Federal cost principles for nonprofit organizations other than universities are stated in the Federal Procurement Regulations at Part 15, Subpart 2. This document is an extensive and somewhat complicated series of principles governing the allowability of various types of costs under federal grants and contracts. General information concerning the cost principles is summarized below: The following types of costs are specifically unallowable: (a) Advertising costs other than those associated with recruitment of personnel (b) Bad debts r, (c) Contingencies (d) Contributions and donations '! (e) Entertainment t (f) Fines and penalties W � (g) Interest (h) Losses on other grants or contracts Most other categories of cost are generally allowable under the cost principles provided the costs are allowable and reasonable. General comments on individual cost elements are listed below: Salary costs are generally allowable provided they are based on actual current salaries adjusted for any anticipated cost-of-living or merit increases during the grant period. Salary costs for unidentified new employees must be consistent with the organization's overall employee compensation structure. The organizational compensation policy should not change as a result of obtaining a federal grant. Fringe Benefit costs such as pay for vacations, holidays, sick leave, employee insurance, and unemployment benefits are allowable to the extent required by law or established organizational policy. CAF121.Tem Rev. 6/24/91 -25- t 4 w J 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, M used equipment should be considered in meeting equipment needs. Material cost directly associated with the project are allowable. li Prices must generally be justified through competitive bids except dat for nominal purchases. 1 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. CAF121.Tem Rev. 6/24/91 -26- 1 . n d; r EXHIBIT MONTHLY PROGRESS REPORT A project Information Date of Report:_�— A enc ' Person Preparing the Report: Title: Date �-- �, Signature: Project Title and Number: Project Start-UP Date: _ j Estimated Project Completion Date: B.1 (a) Prom COSt M'J Funds Expended Pere Qe to Date ��-- — TotalJt $—�— CDBG� % OtherF $--�— (state Source) B. 1(b) Declaration of Agencv Budget Chi s Procr`come: Source of Program Income: Other Grant Awards B 1(c) Dollar AmountC-S :____. - Date s : Fundinct Source's} : CAF#21.Tem -27- Rev. 6/24/91 A . 4i Funding Contact Person(s) : B.1(d) Describe attempts to secure additional funding B. 2 (a) Percent of Project Completed to Date: B.2 (b) Anticipated Changes in Staffing 1. office Hours: 2 . Resignations: t, 3. Part-time or Full-time Employee(s) : C. 1. Brief Project Description & Project Location 2. Describe Specific Work Tasks and oualified Accomplishments Completed this Month Qualified Accomplishments Task This Month 3 . Describe Success or Problems Encountered with the Project CAF#21.Tem Rev. 6/24/91 -28- i i d; 4 , Antici ated roblems or concerns with ro 'ect with which the Communit Develo ment Division could as you, actual 5. Community Development staff been Antici ate d advertisements and or other tontrassure serer s- If so, has steps taken advised and appropriate compliance? lease com lete the followin Direct 4i 4' 6. If a licable ro ram artici ants• Benefit Re ort Form on all i �a i CAF#21•Tem -29- Rev. 6/24/91 i n r r-� O � d U m E m 7 W 5 x w ++ d C w C ,4 U co COri b m d N rl U m N K C m m u y O m „i O to 1N+ N N a � a O C C O O . m C O m y Ali W iN+ H CO •>{ m < z x r O a O t 1 O U G •-I P+ °^ C3 c i � m to a~i ;j H W U C W :5 m� o W H m N = .,C N .� O 2 0 EO d L-1 0 +i m W w 3to Ow ? Rl O u L u td H ° O C u S u v U $4 a H u a a W � a a b � ❑ $4 4 H Co O w 0 U m A O O m � a x 0 N _ w 3 a v w o m -4 o m 14 7 � N w b 0 � 1tj O O N 1-4 v o x _qf1- Q AIM C y ..1 T. yy s, c 0 U d F d 7 7 U V) O C U J N rJ N C U 1 Z v O O D�j F+ 0 1 H GI > U N �y C H ` W G O N j cue w C >J '.>.] to C O O L S L' 1' s� H O N h, A a 0 cam. w e y O a jF U I >+ Z 0 .Q c+ O U Z F. L L) oIC a U C b N y I A N H> 3 Q(U7y >aC 4 % O N '.7 Ul w 0 q rJ U O N N 11 O . U �. Orl 0 b a0 b A U b y . y ra U ' O U rf > A G S� qq G 7 UV N N d) D W N W ~ ❑ F O 1 CITY OF DANIA XVII YEAR CDBG - MODELLO PARK IMPROVEMENTS EXHIBIT_D" TIMETABLE/SCHEDULE FOR PROJECT(S) TIMETABLE WORK_ TASK(S) Start-up Completion Preparation of Oct. 15, 1991 Feb. 28, 1992 Specifications .4 ,s 2. Advertising for Bids Feb. 28, 1992 Mar. 24 , 1992 ;s 3 Award of Contract Apr. 14 , 1992 I i 4 , Construction/ May 01, 1992 Sep. 30 , 1992 Installation -32- i i i. EXHIBIT "E" 24 CFR .85 purposes,ind the grin cc or subgranlee (c) Ute.(1)Equipment shall be used (e)Adequate trainlm+ace procedures shall not dispose'af or encumber its add by the grantee or subrantee In the rust be developed to keep the property or other Interests.• ' : •, • . program or project for which It was In goad condition- (c)Dlspasltion.When real property is to,the p of long p needcogramc whecontinues to auer or. thorized orarequi required to ell the is, no longer needed for.the originally not the project or program q authorized purpose.the grantee or , be supported for the finds:When no be citCity.1liepet sales a llcc highest r..ust subgranlee will request disposition . • longer seeded for the original program be esble rel ed to ens•_a L4e highest Instr-uctions from the awarding agency.' or project.the equipment may be used In passible rear The Inauiictions will provide for one of • other activities eurrenUy orprevrauslY it)Disposition.When original or Lbe following alteautives: . '•' • supported by a Federal agenry•'• ' ' ' - ?l o.-m gantIeatociuirta.-deer• •, (1)Retentionof title.ptetafoUUeInc - (2)The g:anleeorsubgrznteeshall grant F compensating the awarding agenry.The also hake equipment available for use •for the edFinal project or program or for amount paid to the awarding agenry •on olherprojects orprograns currently other ietivitfedcve ntly or previously will be computed by applying the orpreviouslYsupDort by the Federal supported rted by the e^cllncnt Y..11 be awarding agency's percentage of Covernrnent.providingsuch use will not ➢ equipment• participation in the cost of the original . -Interfere with the work on the projects 'rode as follows: purchase to the f21r market value of the orprogr2m far which 11 was originally -(1)]tens of equipment with a cs rat . ro rt However.in those situations acquired.First Preference for other we Dernunit fair ma:ketv}IueofIt-3 &,Ais wer here apgranice or subgranlee Is • • . shall be given to other programs or W.000 maybe rtaie:_,sold or disposing oftillproperty acquired with projects supported by the awarding ot4e:wise disposed ofVL%nofurther grant funds and acquL•iag replacement • ageneY.User feet should be considered obligation to L4e awa:dim;agency.. real property cider the same program. if appropriate. (2)Items of equipment with a cur.enI the net proceeds from the disposition (7)Notwithslandirgthe per unit fair market Value In"lossof may be used as an offset to the cost of encouragement In§ A 5 +t(s) to earn • 53•0w may be zetaine-c.cold and L4e the replaeementproperty. r*.•:.: '••:: roranIncome,the anteeor •. . awz:din;agency st,'l have a.tighttoL-t (2)Sale ofprpetfy.Sell tha Prop e.?y subgrantee must not use equipment .,, anountealc-:laledbyr.•vltiplyi.-4the -and Compensate the awarding agency. acquired with grant funds to provide evrenl rta:zel value c:p:eee-s from The amount due to the awarding agenry fai• services for a fee to compete unrly -, szle by L.e awa:dia;a;::.ry't sh+::of will be calculated by applying the •= with private companies&W provide L4e ruupmeaL ' a awarding igenry's percentage or equivalent services,%rates specifically (3)1-%cases whe:c a granter or participation in the cost of the original pc:n;itted or eonlempliled by Federal ,=bg:ante:fails to I'll s?propriale purtsa to the proceeds of the sale • • statute. •• �_ -• s ••,•,tin• t!spwilica setiors.L e awarding ag:ary mile:deduction of any actual and (4)When acquiring replacement • •• rzy dL c:L4e F sale:t:rvbb,aalec to reasonable selling and fixing•u➢ ''c-• equipment.the ante.-or sub anlee •• take rxce.- tad d.m.-r.ti-. %a a ai expenses.if the ant is sti11 active.the . F (f)Fe a.-i-A vfp,a:is 1-.L4e evenCa' 3 i net proceeds Fo sale nay be offset a trade-in oay Use r sell Qa prop nt tobe and use as F�ntr e:av���aat::is provde? against the original cost or the roe.. : a f:-era lyawae-a-,-. D P 'Y the coeds to offset L e Cost of the ,s• �. when a L-tee or su nte:is• P (1)Tiutic will r_=a:n veiled m L_ x F bfi� replaeerent prope..f subject to L4e Fedrzl directed to sell prope•'.y,sales • approval of the awa g cog:ley.•: = 2 G:r..les ar s -sn4a wL! 4 procedures shall be followed that d Mano emenlr vfrenenC7•'"- O .., s;•- provide for competition to the extent oc s g q cans't c.-equt:::: L scrdace racticable and result in the highest L-iclu-u:esfornanenteng equipment tviL4Fe?::alcog:_cy:-tNand practicable return. •• • ' - '• (Ltdud rag tepiaceaeal equipment). proca? ^s,and avb_rt a:2::u21 r (1)Tr_naferaflide.Transfe:titielo whetberaequirediawholeorinpa:t' L-wentorilst:tg. or to a L with Fant funds.wail disposition tskcs (3)Wben the eq i?=e::is ra Ieng:: dcsig,•sa d%ap coved by the awarding place will. tequ'a enlsy as a Lee e ' r==de:Ile g ante•o:s 2alee will I cogeney.Tbeg:anlecorsubganteeshall rgestdspotitions e f nLe be paid L1 aeov:.l calculated by (1)Prope.:i records=ustbe Federal zg:ary. IapoiApplying L4e io=tPlate! l laced b: - laaia'_sed Ural i-dude a de:cpncn of .Lt p.:61:g L {�:•L-7L'n T-:Frd:r21 pe- aatagecof a:ticpalianL•s 1: Lepmpe.•ty.ase3alm:=..be:o:oL.e: ewe=:r.;agenry=ZY_r::-+:'teetE3ht t_civate of L4e ei -u to the IdenSnwion su_be..L4i source of to t:_-sfc: Edo to L:red::al P• PC. property.who boidt UUt.the aequisltic-' Cove.__:-t a:a ic_1 p—•ni=:d by pm-Pe t la ra:xet value of L4e date,Lid Cost of the ro e D• P 1• � Le awL_:g a3:-.yx`_e- PrcPe Y. Ir.anlzge of Federal pirfcipztion Lt paGY is e:4e wise a:�:i:car?::existi-g I_II5_22 Ewrpment the cost of the prope::y.L4e location.use sts:tes.Such tra:sfta 31.0 be subject (a)Tide.Subject to the obligations . , and condition of the property.Lnd any to t,4e following steads cis: and Conditions set forth In this sectic- uldms:e disposition data C:erudL t re (1)The grope.:y shall be Idea, 4 L- tide to equipment acquired wide:a date of disposal and sale prict of the _ :4e Fart er ot-e.•wse=sae k own.to giant orsubg:iatwiU vast upon PrOWY• L4eganlr_i--%W.itL-a. acquisition in di Faatca or zubg•antto (2)A physical Inventory of the (2)Tre:t de:al awar i g s3!ncy 3Sall respeetivaly. p:ope.�y must be taken and the results ls,ue•d:s?esi ion i-t:-:c on wiL10 L� (b)Stales.A State wil we,manage. , reconciled with the property records at calc-dar days after L4e a:d of L4e and dispose of equipcent acquired least once every two YCLM. •• Ftdc:,1 1---;part of L4e p71C-t for which =dz.a Flat by the State in x=rd&nc: (3)A control systcz:must be It was zcqu!rcd.U Le Feiz.21 awa Y g with State laws and procedures.Other developed to ensure adequate agency fails to Issue dis;os(ticn F+alees Lnd sui>Fsniees will follow safeguards to preveatloss.damage.or Lvtr:eticu wid:L-1 tte 3:0 ale:da:•day paripapLi(e)through(eJ of this theft tribe pro".Any lost,damage, pe=ad L4e Fa_tat+Sall fellow station. orthefrsballbeInvestigated. -33- 1 A - I a -aE- to W p H W � F N U I q U H H Z ]G in C 2 ?r d �W qqq v y > y d U a a z w c � C �Wr W v W y z v � H U ir' w H 0 U " O w lr P p O i Cu 0 W F H q U H U q o a O r k ra N z ¢a u v H M LX7 O pq W o w I �r� U d q u W N '.:5. Z N V1 N U 04 C.. H H m U N W N ti N H UK. O w a $+ a L L. 6 H �U H ul I w a U a a c A rl .0 x w cG p w u U F FO N O Z U 7 W u m a w U � w +� U r. � M1 ' 1 EXHIBIT "G" BUDGET TRANSFER SUMMARY SHEET (Municipalities) (Submit 5 executed copies) COMMUNITY DEVELOPMENT BLOCK GRANT CITY OF , FLORIDA, 19=19_, Program Year Budget Transfer Request # Actual Expenditures Obligations Current Proposed ,1 Project(s) To Date To Date Contract Contract i �i 1 a M v 1 Yrl 1 Signature of Authorized City Official/Title Date CAF#21.Tem Rev. 6/24/91 -35- 1 t EXHIB (Continued) For Community Development Use Only Approved Disapproved Signature Date Attachment: Narrative Description I CAF#21.Tem -36- Rev. 6/24/91 � -zE- 2 \ � k / $�4 ) rd ' 0 441 g . ] e �4 G . \ § + ° > ) ^ s = / LD u § \ \ 1 q ) i . l < %§© ( ° \ > ( ` \ ) k0 0 § q + , ::1 \ \ § R i } R ` = B , ® S 2 2 3 G . \ § q ' (\ ' O �d § Q / ) m o : w ( ® § % • ' 2 § \ j � � � ` ^ ~ + . / \ . B D� u § kt ! p \ § ] k { 4J ' 5 k ) \ \ \ \ 9 a ® 24J \ @ 2 S ; » w ® Q ° cul ( ; j e \ � ) S \ \ \ n » , H ) \ w ( , E \ k ) \ \ ( ] 25 q ` a) 5 ; a u ° Q q q M S \ ; # k M ) [ # ) t « ) 3 q \ ' � ) jLl \ j ) \ ) \ k i � R di. s i I i I