Loading...
HomeMy WebLinkAboutR-1993-171 r I RESOLUTION NO. 171-93 A RESOLUTION OF THE CITY OF DANIA, FLORIDA. APPROVING THE AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA FOR N.W. 5TH AVENUE/STREET AND SIDEWALK IMPROVEMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Sectiop That that certain Agreement Between Broward County and City l of Dania for N.W. 5th Avenue/Street and Sidewalk Improvements, a copy of which is attached hereto as Exhibit "A", be and the same is hereby approved and the appropriate city officials are hereby authorized to execute same. Solon 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 12 t h day of O c t o b e r 1993. Mayor - Commissioner City Clerk-Auditor -" I . APPROVED AS TO FORM AND CORRECTNESS " By Frank C. Adler, City Attorney Resolution 171-93 f A 1 L e -ry,��aiC•« s y, of �y y a�. For Governmental Entities j I �k r I , l ` I I I . A G R E E M E N T J Between I BROW RAY and � f ^ CITY OF DANIA I for i h 5TH AVENUE/STREET AND SID X r.l( IMPROVEMENTS TERM OF AGREEMENT: October 15, 1993 - October 31, 1994 IN THE AMOUNT OF $150, 000.00 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUry T ANT PROGRAMS r . EXHIBIT "A`► r w Yw .. S i f INDEX 21� = PAGE ARTICLE I DEFINITIONS AND IDENTIFICATIONS 1 ZZ PREAMBLE 3 JJJ III PROJECTS 4 IV FUNDING AND METHOD OF PAYMENT 4 V IMPLEMENTATION AND TIMETABLE 5 VI PROCEDURES FOR INVOICING AND PAYMENT 6 VII ASSURANCES 7 VIII FINANCIAL RESPONSIBILITY 11 IX INDEMNIFICATION 13 X EVALUATION AND MONITORING 13 XI TERM OF AGREEMENT 14 t ` XII TERMINATION 14 XIII SUSPENSION OF PAYMENTS 15 XIV INDEPENDENT CONTRACTOR 15 : XV ALL PRIOR AGREEMENTS SUPERSEDED 16 XVI NOTICES 16 XVII AMENDMENTS; ASSIGNMENTS 17 XVIII REPORTS, PLANS AND OTHER AGREEMENTS 17 XIX CONFLICT OF INTEREST 18 XX EXECUTION 18 XXI CONSENT TO JURISDICTION 18 XXII GOVERNING LAW 18 XXIII SEVERABILITY 19 XXIV LEGAL PROVISIONS DEEMED INCLUDED 19 j +{1 CAF121.Tem Rev. 09/13/93 v �. •M INDEX i FxHIBZTS PAGE EXHIBIT "A" Project(s)s) Description 22 EXHIBIT "B" Costs/Budget for Project(s) 23 EXHIBIT "C" Timetable/Schedule for Project(s) 27 EXHIBIT "D" Monthly Progress Report 28 1 f i CAF121.Tem Rev. 09/13/93 -ii- � I _ A G R E E M E N T Between . BR.,vnon rpUNTY and rITY� O i for I, ,c FFm AND STD WE AiK SMPROVEM== rii.i.s� 1 fl n �'y 1�' 1993 - October 31, 1994 TERM OF AGREEMENT: October 15, IN THE AMOUNT OF $150,000.00 PROVIDING FOR FUNDING AND p ADMINISTRATION OF inn, TM TY DEVFTOPMENT BL naNT PROGRAM This is an Agreement between: BROWARD COUNTY, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY, " through its Board of County Commissioners, AND CITY OF DANIA, its successors and assigns, hereinafter TEE." referred to as ,"SUBGRAN WITNof the E S S E T H, that, for and in ccovenantonsiserand ion payments mutual terms and conditions, promises, hereinafter set forth, COUNTY and SUBGRANTEE agree as follows: ARTT�CI+E IZ D FIN TIONS AND IDENTIFIC O ATINS For the purposous covenants, es of this Agreement and thetherpEFINITIONS and conditions, terms and provisions which follow, IDENTIFICATIONS set forth below are assumed to be true and correct and are agreed upon by the parties. policy and 1. 1 nraFAT(AN DISABIL4 of ITY ACT (ADA) : means the ADA p Y procedures promulgated by Federal Law, Se�he°Americans03 and 50with the Rehabilitation Act of 1973 and County. Disabilities Act of 1990 adopted by CAF121.Tem -I- Rev. 09/13/93 1. 2 nastrRt+NCES: means those assurances made by SUBGRANTEE to COUNTY specifically set forth in this Agreement. v nFVFT PM NT BLACu [ RANT PROGRAM or 1.3 W PROGRAM means Community Development Program applied for f Broward County and awarded by the United States Department of tle Housing and and Community De Urb velopment Act authorized p an Developmen as of 1974 , PubliciLaw I, Housing 93-383 , as amended. 1.4 F9nS1*: means the Community Deve Fundlopment Block Grant Funds; the monies given to SUBGRANTEE pursuant to the terms of this Agreement. ans the Committee for Community Development 1.5 COMMITTEE: me created pursuant to Broward County ordinance No. 84-3 . I 1.6 9D_T2=: means Broward County, Florida. 1.7 DAVIS-BIACON: means the prevailing a d ge rate laborerss and determined mechanics the Secretary of Labor to be p 000. 00) or working on projects of Two Thousand Dollars ($2. more. 1.8 p$PARTMENT: means the Finance and Administrative Services Department of Broward County, Florida. 1.9 DIVISION: means the Cc71munity Development Division of Broward County. 1. 10 GRANTEE.: means Broward County, Florida, as Grantee of the Broward County Community Development Block Grant Program. 1. 11 H•U•D• : means the United States Department of Housing and Urban Development. 1. 12 PROJECT(S1 : means the project or projects set forth in Article III hereof, and Exhibit "A" entitled scope of Services and Timetable. "Community 1. 13 RU FS AND REGULATI NS O— F� means 24 �CFR 524 CFR 85, Development Block Grant Regulations , "Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federallc( Principles y Recognized for Tribal Government" ; OMB Circular A-87 , "Audits of State and Local Governments" ; OMB Circular A-128, State and Local Governments- " L CAF621.Tem Rev. 09/13/93 i 1. 14 SUBGRANTEE: means CITY OF DANIA, municipality as subgrantee for the Project(s) included in the Broward County Community Development Block Grant Program. ARTICLE ZI 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 f 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 *:c} determined by the Committee, the municipalities and w ,* unincorporated communities participating in the Broward County kt Community Development Block Grant Program. °k P 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 ti Broward County Community Development Block Grant Program ...,sy 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; II (c) Activities designed to meet community development needs I ' having a particular urgency. E 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. CAFf21.Tem Rev. 09/13/93 -3- �1 xA 2 .4 COUNTY is mandated by H.U.D. to conduct all programs and activities relating to housing and community fair housindevelog nCOUNTY manner which willthoseLmUBGvely gANTEEs further who have htakeng steps to ; will fund only promote fair housing. �I s to E. 2 . 5 COUNTY is as adminis of stratorifor the Programsbursing the ndCOUNTYSdesiresEto However, and SUBGRANTEE so li obtain the assurances from SUBGRANTEE, with the statutes, assures COUNTY, that SUBGRANTEE will comply applicable rules and regulations of the United States, the Rules and Regulations of H.U.D. , the State of Florida, and ions of COUNTY relating to the Project(s) and codes and regulat condition precedent to the release of such the Program, as a E funds to SUBGRANTEE_ found to be taking actions designed to 2 . 6 Any SUBGRANTEE discourage affordable housing fo" saie or rant within the confines of Brow County is not 4ligible to receive CDBG Funds. ent is subject to the availability of funds as more 2 .7 This Agreem specifically described in Article IV and Article XII hereof. .' ARTICL$_ZII . SUBGRANTEE hereby agrees to provide and implement the following eligible Project(s) : N.W. 5th Avenue/Street and Sidewalk Improvements mitted and approved in the 19th year process. This proposal was sub 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 FUNpING AND METHOD OF PAYMENT COUNTY under this Agreement 4 . 1 The maximum amount payable by shall be $150, 000. 00. CAF121.Tem _4_ Rev. 09/13/93 f' t . . agrees to reimburse SUBGRANTEE for the Project(s) 4 .2 COMITY rovided for in Exhibit "A" attached expenses incurred as p as provided for in * hereto, provided suspension of payment Article XIZI her has not occurred, and provided further that SUBGRANTEE complies with the procedures for invoices and payments as set forth in Article VI herein. 4 . 3 COUNTY shall pay SUBGRANTEE as specific consideration for the indemnification re A Article ofe IXrwhi h is sum ereby of N acknowledged t Oby in cash, the SUBGRANTEE. ART I CLFi-�_1 '�T EMFh""ATION AND TIMETABLE 5. 1 SUBGRANTEE agrees to implement Project(s) and comply with the timetable set forth in Exhibit "C, " attached hereto and made a part hereof. Failure to maintain the implementation days of the checkpoints identified schedule within sixty (6o) Y 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 j shall be cause for an attendant recommendation from the I( 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. � . used for the 5.2 All specifications and plans prepared b SUBGRANTEE and b Project(s) shall be certified and approvedY submitted to the Divisionforapproval prior to advertisement or implementation as applicable. 5.3 No construction work may be undertaken without written authorization from the Division prior to SUBGRANTEE'S issuance of a formal Notice to Proceed. 5.4 All change orders must receive prior approval from the Division. (Ijljlj 5. 5 At the completion of each Project, "as-built" drawings, when necessary, shall be submitted to the Division for approval prior to final payment. 5.6 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 done according being to specifications or when, in the Division Director's judgment, SUBGRANTEE or its contractor C" CAFf21.Tem -5- Rev. 09/13/93 have violated federal guidelines and regulations, the assurances contained herein, or the provisions of this Agreement. ARTICLE VI p$OCEDURES FOR TNVOICING AND PAYMENT 6.1 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) . (b) SUBGRANTEE shall provide COUNTY with documentation of ` leveraging which has occurred during each month. (c) SUBGRANTEE shall submit a certified copy of the purchase {*r order authorizing the services for which it is invoicing. r� (d) If SUBGRANTEE has awarded a contract to an independent contractor to perform Projects) services, SUBGRANTEE shall submit to COUNTY a certified copy of the contractor's invoice stating the services rendered and koj^ the date the services were rendered. `rt � (e) SUBGRANTEE administrator or his authorized representative n . 1 shall certify that the work that is being invoiced has I been completed. i (f) In addition, SUBGRANTEE shall provide COUNTY with monthly i progress reports, as provided in Exhibit "D. " i 6.2 Upon receiving the invoices, reports and other materials as described by Section 6. 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. 6. 3 Upon determination by the Division that the services or material invoiced have been received or completed, the Division shall authorize the Broward County Finance and Administrative Services Department to make payment to SUBGRANTEE the amount it determines, pursuant to the audit, to be payable. j 6. 4 For purposes of this section, invoices, reports and other materials as described in Section 6. 1, shall not be honored if received later than sixty (60) days after expiration or termination of this Agreement, except invoices for impact fees CAFf21.Tem j Rev. 09/13/93 -6_ which will be honored up to twelve ( 12) months after expiration or termination of this Agreement. 6. 5 SUBGRANTEE agrees to notify the Division at least forty-eight k on the Projs) (48) hours be initiated adv nie of orders that on date a r site inspections may ect(be willconducted by COUNTY. allocatedthe 6. 6 SUBGRANTEE agrees to expend the funds notexpendedtwithin Project(s) by October 31, the term of this Agreement shall remain in the custody and control of COUNTY. � nurTr_ r�ZI i ASSU ANCES 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. vision at least 7 ,2 SUBGRANTEE hereby agrees to submit to the itten notification two (2) weeks prior to the actual date, 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 andathis federal, state or county guidelines and regulations Agreement shall be resolved in favor of the more restrictive regulations. 7. 4 SUBGRANTEE hereby agrees to act in accordance n i Person inh Title i Of the - the Civil Rights Act of 1964 (P.L. 88-352) , United States shall, on the ground of participation race, inol r, or denied national f . . origin, be excluded from the or be otherwise subjected to discrimination under benefits of, - ben program or activity for which SUBGRANTEE receives federal any l immediately take any measures financial assistance and wil ' 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 or in of an assurance shall obligate SUBGRANT=ansferee, tforcase the period transfer of such property, any during which the real property or structure is used for a ed purpose for which the federal financial asrovision ofsistance isexten similar or for another purpose involving the p services or benefits. CAF#21.Tem -7- Rev. 09/13/93 1 i r 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. at it shall be bound the 7.7 standardEt rmseandby aconditions rees usedhin he Grant Agreements and regulations or requirements as H.U.D. may such other rules, in addition to the aforementioned reasonably impose, qu the execution of assurances provided at, or subse ent to, this Agreement, by the parties hereto. out the applicable, SUBGRANTEE hereby agrees to arrydisplaced 7 .8 ZE PP relocation process in such a manner as o provide persons with uniform and consistent services, and assure that available in the same range replacement housing will be of choices with respect to such housing to a olr displaced persons regardless of race color, religion, + pursuant to the U,n if o m R Relocation ti Assista 70, amended nce and Real Property Acquisition 7.9 SUBGRANTEE hereby agrees to comply with the requirements and rcular A-87, "Principles for Determining standards of OMB Ci Costs Applicable to Grants and Contracts with State, anda24 and Federally Recognized Indian Tribal Governments, " ar Requirements°cise B supersededbyiOMBlcircular� Ae128. "Audit 7 . 10 SUBGRANTEE hereby agrees to incorporate COUNTY'S Small Disad- Program vantaged Business Enterprises gulations�fory all ccontr contracts of requirements and Htion .U.D. regulations pursuant to this $10, 000.00 or more awarded by Agreement. rst 1 7. 11 Hiring Requirement agrees to incorporate within allCcoUntractsiawardedrce by ` Hiring g • 1 SUBGRANTEE pursuant to this Agreement. d!J 7. 12 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 scopy intent to enter into a lease or sublease, provide a [may CAF121.Tem Rev. 09/13/93 i[1 *1 1 of the proposed lease or sublease and obtain the j Division's consent. (b) Property acquired through a CDBG funded Project shall be used for the original approved purpose and SUBGRANTEE 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. 3( (d) Real property acquired utilizing CDBG Funds used for purpose of housing construction shall be deeded to home r buyers at no cost unless other provisions are made part 1 of a specified provision of this Agreement and approved by the Division. Any income realized as a result of the disposition of property by SUBGRANTEE shall be returned to COUNTY, unless otherwise provided for by written agreement. ' (e) 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. (f) 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. (g) Proceeds from the sale of real property purchased in whole or in part with CDBG Funds shall be handled in t LL accordance with 24 CFR 85. 31 pertaining to property yl l management. (h) Method of transfers of real property acquired with or improved by use of CDBG Funds shall be accomplished after " approval by the Director of the Community Development Division. CAF121.Tem Rev. 09/13/93 -9- 7. 13 Real property, equipment and supplies acquired with CDBG funds and no longer needed for the originally authorized purpose J.A. shall be disposed of in the manner authorized by the Director i of the Community Development Division and consistent with 24 CFR 85 after the SUBGRANTEE has requested disposition i instructions. -r 7. 14 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. 15 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 l r `1 documentation reflecting SUBGRANTEE'S unsuccessful efforts f prior to utilization of CDBG Funds for payment of impact fees. 7. 16 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 . 17 SUBGRANTEE hereby agrees to administer, in good faith, a policy designed to assure a workplace free from the illegal use, possession, or distribution of drugs or alcohol by its 1 beneficiaries. 7 . 18 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 . 19 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 1 agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. CAF121.Tem Rev. 09/13/93 -10- 71 -,. - - - Ord` 40"- (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 undersignedDisea completell Report submit Standard Form - LLL "Disclosure Form to, 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 .20 SUBGRANTEE hereby agrees to act in accordance with Section 503 and 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 in addressing the problem of discrimination against indivi public accommodationuals with disabilities eeducation ` . areas as employment, housing, p ; and transportation. C - .y 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 jurisdiction against any enforcement agencies ny individuals engaged in nonviolent civil rights demonstrations. 7 . 22 SUBGRANTEE shall comply with Title I and Title II of the Americans With Disabilities Act regarding nondiscrimination on the basis of disability in employment and in state and local government services, in the course of providing services i funded in whole or in part by Broward County. ARTICLE VIII FINANCIAL RESPONSIBILITY 8 . 1 SUBGRANTEE hereby gives COUNTY, H.U.D. , and the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents relating to the Project(s) . 8 . 2 SUBGRANTEE hereby agrees to maintain books, records and docu- ments in accordance with accounting procedures and practices CAF121.Tem Rev. 09/13/93 -11- 3. H. i .LSG"Six x� YTR 1 H 'r` ,,fwYnFs`�iyt , � h r which sufficiently and properly reflect all expenditures of funds provided by COUNTY under this Agreement. that if t has caused a funds be 8 . 3 SUBGRA aEEiher fola by ree of this Agreement it shall o be expendresponsible to refund such monies in full to COUNTY from ll nonfederal resources, or if this paymentment shall be iwithheld in force, any subsequent request for p Ym COUNTY. g. 4 IP 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 sl and Local Government. " t h atlthever optione ofntire that operations of the local government or, government, may cover only the department or agency that received, expended, or otherwise administered the federal led with C funds. Such audTY within one it muss aftert be theclose ofUthe fiscal year hundred eighty (180) day rant funds from COUNTY of the governmental entity. All g the financial ale statements shown aand/orlcthe accompanying it disclosure in notes to nthe financial statements. 8. 5 SUBGRANTEE hereby agrees and understands that all funding authorization tecifica11 CDBG outlined a in d only this for eligible activities specifically demonstrate SUBGRANTEE shall significant attached ehereto d rial progress within the timetable in Exhibit "C, " reference made a part hereof. In the event such material progress is neither evidenced nor commenced within said tietabl , the CDBG vert to inm this eAgreement and d shall shall be issued by�COUNTY TY as provided at its discretion for reallocation to other eligible CDBG projects. 8. 6 Upon the prior written approval of the Director of the Division, program income generated as a result of receipt of one of the following manners: CDBG Funds shall be used in (a) Added to funds committed to the Project(s) by SUBGRANTEE and used proportionally to original ivesunding allocation to further eligible program (b) To finance the COUNTY nonfederal share of the project(s) when approved by the (c) Only for eligible CDBG activities as approved by COUNTY. (d) Returned to COUNTY upon written request of the Division. CAF#21.Tem -12- Rev. 09/13/93 f lT� 8.7 SUBGRANTEE hereby agrees to budget and expend all CDBG Funds in accordance with the Division's "Procedures Manual for Subrecipients. " 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 Any real property under the SUBGRANTEE'S control that was acquired or improved in whole or in part with CDBG Funds shall be: (a) Used to meet one of the National Objectives in 24 CFR 570.208 until five (5) years after expiration of this Agreement; and (b) Disposed of, if disposition occurs, in a manner that j results in the COUNTY being reimbursed in the amount of I • 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 f , property. f 1 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. I , 9. 2 COUNTY gives specific consideration to SUBGRANTEE for the foregoing indemnifications in Article IV of this Agreement. {' ARTICLE X EVALUATION AND MONITORING I� 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 I{I actual progress relating to Project(s) scheduling, budgets, in-kind 1 CAF121.Tem j Rev. 09/13/93 -13- i _I L Ir 4 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. 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 October 31, 1994 . ARTICLE XII ` t� TRRMTNATZON 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 SUBGRANTEE. 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 "C, " 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 CAF#21.Tem Rev. 09/13/93 -14- 4 assets secured by SUBGRANTEE with CDBG Funds under this I 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. 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. 12.6 All requests for amendments to this Agreement must be submitted in writing to the Director of the Community Development Division no less than ninety (90) days prior to the termination date of the Agreement. ARTICLE XIII SUSPENSION OF PAYMENTS 13. 1 The parties hereby agree that the following events are sufficient cause for suspension of payments. Such events include but are not limited to: (a) Ineligible use of CDBG Funds; (b) Failure to comply with the work program or terms of this Agreement; (c) Failure to submit reports as required including a favorable audit report; and (d) Submittal of incorrect or incomplete reports in any material respect. ARTICLE XIV INDEPENDENT CONTRACTOR 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 CAF121.Tem Rev. 09/13/93 -15- I Mk {... _ J" be deemed officers, employees, or agents of Broward County. n Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of SUBGRANTEE, which policies of SUBGRANTEE shall not conflict with COUNTY, H.U.D. , or United States policies, rules or regulations relating to the use of CDBG Funds. ARTICLE XV ALL PRIOR AGREEMENT SUP RSEDED 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 i is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to-wit: FOR COUNTY• Theresa Gillis, Director " Broward County Community Development Division Governmental Center, Room 336U 115 South Andrews Avenue Fort Lauderdale, Florida 33301 FOR SUBGRANTEE: Robert Flatley City Manager City of Dania 100 West Dania Beach Boulevard Dania, Florida 33004 CAF021.Tem Rev. 09/13/93 -16- ' i 4 f. ` �I ARTICLE XVII ArxFNDM NTFTSS' 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. 17.3 The Division Director shall be authorized to approve line item changes to the budget information set out in Exhibit "B" provided such changes do not result in an increase in the CDBG Fund amount shown in Section 4 . 1 and Exhibit "B" attached hereto. 17.4 Except for the provisions as set forth in Sections 17. 1, 17 .2 and 17. 3 , no modification, amendment: or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 17 . 5 SUBGRANTEE shall not transfer or assign the performance of services called for in this Agreement without the prior written consent of COUNTY. ARTICLE XVIII REPORTS PLANS AND OTHER AGREEMENTS All reports, plans, surveys, information, documents, maps and other data procedures developed, prepared, assembled or completed by SUBGRANTEE for the purposes of this Agreement shall become the property of COUNTY without restriction, reservation or limitation of their use and shall be made available by SUBGRANTEE at any time upon request by COUNTY or Division. Upon completion of all work contemplated under this Agreement, copies of all of the above data shall be delivered to the Division Director upon his/her written request. CAF121.Tem I Rev. 09/13/93 -17- I ' 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 whichr one wouldyear conf conflict in thereafter any mannerdor ed for in 24 CFR 570.611(b) , 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 not be deemed a conflict as long as all purchasing for consumables, capital equipment and services are obtained in conformance with Article VI. 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 ' � FXF.CCPPION This document shall be executed in Pour (4) counterparts, each of which shall be deemed to be an original. L ARTICLE XXI CONSENT TO JURISDICTION SUBGRANTEE hereby irrevocably submits to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of or relating to this Agreement, and hereby irrevocably agrees that all claims in respect to such action or proceeding may be heard and determined in such court. Each party further agrees that venue of any action to enforce this Agreement shall lie in Broward County. ARTICLE XXII i GOVERNING LAW i The parties agree this Agreement shall be construed in accordance with and governed by the laws of the state of Florida. CAFf21.Tem Rev. 09/13/93 -18- NIX" ARTICLE XXIIZ SEVERABIL•ITY I unlawful provisions not an If this Agreement contains any essential part of this Agreement and which shall not appear to have a controlling or material inducement to the making tan noticeuch by emed of no effect and provisions shall be de shall, up " be dmed stricken affecting they binding force of he remainder from iof Agreement Agr ementhout j ' ARTTCT.F XXIV T �GAL 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 read and enforced as h it herein, and this Agreement shall be thougsuch were included herein and if, through mistake or otherwise, any provision is not inserted or art is not correctl Agreement shall t forthwith then upon application of either p Y amended to make such insertion. I I � :I j t i E r� CAF121.Tem -19- Rev. 09/13/93 M� . b k ".4 i 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 resolutiosigninq by and throughnty itsCommissionersi and duly author zed to execute same. COUNTY BROWARD COUNTY, through the WITNESSES: BROWARD COUNTY ADMINISTRATOR By 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 j By Sharon L. Cruz Deputy County Attorney r - 4.) hKd CAF121.Tem `' Rev. 09/13/93 -20- f, t r U .. AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA FOR N.W. 5TH AVENUE/STREET AND SIDEWALK IMPROVEMENTS IN THE AMOUNT OF DEVELOPMENT BLOCK GNRANT PROGRAMS ING AND ADMINISTRATION OF COMMUNITY ST7RQRANT_EE - tWITNESSES: CITY OF DANIA By Mayor-Commissioner day of 19_ ATTEST: i - 1 By C ty Manager CITY CLERK - AUDITOR day of , 19_ 1 (CORPORATE SEAL) I APPROVED AS TO FORM: t i I By City Attorney i i SLC: lt 09/23/93 dania.A01 193-61.01 1 CAF121.Tem i Rev. 09/13/93 -21- I I i , CITY OF DANIA XIX YEAR CDBG-NW 5TH AVENUE IMPROVEMENTS EXHIBIT "A" PROJECT DESCRIPTION [give a detailed description of the woNPrciect to be funded by this agrement] This project will Improve existing sections of Northwest 5th Avenue from Old Griffin Road south to Southwest 1 st Street. Elements of the project are as follows: j 1. All engineering fees s •l X, 2. Construction ` A. 10,700 linear feet of sidewalk , 5 feet in width z i B. 10,700 linear feet of curbing i C. 5350 linear feet of street widening , resurfacing and striping D. Landscaping per specifications to be developed. I f ' 1 i ` { Note: Modifications may need to be made in the field to deal with limited right of way In certain I locations. 22 • I j 4 S Y 1 ,� FY yy�f ifs dl�l t-a E ' R. CITY OF DANIA XIX YEAR CDBG NW 578 AVENUE MPROVEMENTS EXHIBIT `B' COSTMUDGET FOR PROJECTS► For eec h cost category(Personnel.Cringe,etc.) enter the proposed amount necessary to completethe Protect (Please refer to albw- able cost for H.U.D.Share of Budget (Non CDBG Resources i Category CDBG 0) Cfty (2) Total { A Personnel I I I B. Fringe Benefits I ; C. Travel f I D. Equipment E. Supplies F. Contractual $ 15,00O $15.000 G Construction S 135,000 S135,000 H. Other — - I. Totals 5 15O.000 $150.000 Budget Narrative Budget f - The budget narrative must be attached to this Exhibit The budget narrative statement should provide a detailed justification Cor each } ' cost category shown on this Exhibit The budget narrative should idenUy non•COBG resources to be utilized in financing the project j Also, specify the costs for which CDBG funding is being requested and the costs to be covered by non-CDBG resources. 4. t _ ,,. CITY OF DANIA XIX YEAR CDBG - NW 5TH AVENUE IMPROVEMENTS BUDGET NARRATIVE j CON COSTS F. Coniractural: $ 15,000 ,j Engineering fees for designs, preparation of specifications, and inspection of in-progress construction i i G. Construction: $ 135,000 I 5-ft sidewalk, approx. 10,700 Iin. ft. j F Type curb, approx. 10,700 Iin. ft. Street widening and resurfacing approx 5350 Iin ft. I Landscaping I j TOTAL: $150,000 rs» 24 R Y •. i v.Y�+ t<�� c r J Mt 01 EXHIBIT "B" (Continued) Allowable Cost for H.U.D. Share oP 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: N.r The following types of costs are specifically unallowable: ~ ti (a) Advertising costs other than those associated with I recruitment of personnel and the solicitation of bids for goods and services. + k7 (b) Bad debts. (c) Contingencies. (d) Contributions and donations. (e) Entertainment. (f) Fines and penalties. i i (g) Interest. i (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. I Fringe Benefit costs such as pay for vacations, holidays, sick leave, employee insurance, and unemployment benefits are allowable ito the extent required by law or established organizational policy. _ I CAF#21.Tem Rev. 08/09/93 t - 25 - �. 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. ,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 I 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 . I . , of existing structures. Construction costs should be supported by detailed cost estimates and competitive bidding. i Other costs include all types of direct costs not specified above. Normally, such costs include space, telephone, utilities, printing, and other basic operating expenses . Leverage is that which the municipality or non-profit organization brings to the project. It may be in the form of services or contributed operating expenses ( in-kind contributions) or cash support from the organization itself or from other non-CDBG sources. CAF1/21 .Tem Rev . 08/09/93 26 w J EXHIBIT 'C' t TIMETABLEISCHEDULE FOR PROJECT(S) !f ' 1 WORK TASK(S) TIMETABLE Start-u Completion i 1. Engineering Study and ' Preparation of Bid i Specifications Oct. 15, 1993 Jan. 30, 1994 2. Advertising of Bids Feb. 01, 1993 Feb. 18, 1994 3 Award of Bid Mar. 10, 1994 4. Construction Apr. 01. 1994 Sep. 30, 1994 I i 27 - } i i> EXHIBIT "D" MONTHLY PROGRESS REPORT Period Covered: To: A. Project Information Date of Report: Agency: Person Preparing the Report: Title: signature: Project Title and Number: Project Start-up Date: Project Completion Date: Amended Completion Date: B. 1(a) Proiect Cost Funds Expended Percentage to Date Total Proiect $ $ k CDBG Funding $ S } Other Funding $ $ (State Source) i jB.1 (b) Declaration of Agency Budget Changes i Program Income• Source of Program Income: "i . B. 1 (c) Other Grant Awards t n � Date(s) : Dollar Amount(s) : � a ,- r"%nF l CAF#21 .Tem Iksaye Rev. 08/09/93 fq r^ 28 �4 rer C L. 't v Funding Source W-: 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 Chances in Staffing 1. office Hours: 2 . uesignations• { 3. Part-time or Full-time binplovee(21 : C. 1. Brief Project Description & Project Location f 2. Describe Specific Work Tasks and Qualified - Accomplishments Completed this Monthishments Completed this Month Qualified Accomplishments Task This Month f �7 CAF#21.Tem , Rev. O8/09/93 � r - 29 i r Lam• e >} � - Describe Success or Pr b s Encountered with the Proiect 4 . Anticipated Pro b--ms or concerns with project with which the Community Development Division could assist vou. D 5. Anticipated advertisements and/or other contractual services. If so, has Community Development staff been advised and appropriate steps taken to assure compliance? a 6. ZY applicable please complete the fol owincr Direct Benefit Report Form on all Pro-gram participants: 'wR a C�v�j i J, T '.f e K:X� CAF#21.Tem Rev. 08/09/93 - 30 - Y. k . '�G} ?'; EXHIBIT "D" c . C. 6 . -Continued • . � Yt �n D I R E C T ll E N 1: F •I T R L•' Y O IR '1 F O 'R M S I 0ta1 Nue:ber •1'arcent of 'total NUmbar of Ilouseholda or Persons AaaistoO pacify below) Asian or Famale l luaarican } r' Hhita Black Pacific IlnadaJ Low a11d Hot Iliepaaic Not Iliapanic Indian or Hodarate Low OYi in Alaskan Hispanic Islander Household d ❑cholds Persona Income Income OYigin g Native 1 I I` :'. p a . e I ^Note: Kindly reflect perccutaga based oil total uumbcr of households or persons aesicCed. � '' s CITY OF DANIA XIX YEAR CDBG- NW 5TH AVENUE IMPROVEMENTS EXHIBIT'D• (CONTINUED) BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION MONTHLY PROGRESS REPORT 1 D. Program Objective Measureabie Specific Task Projected Yearly Monthly Progress Progress Year-to- Supporting Objective Quantified Total Documentation by Dec. 1993 1. Conduct A.Survey topography Engineering Study by Dec. 1993 f B.Revlew Drainage t needs C.Complele by Jan. 1994 Specifications 2.Advertising of A. Place advertisement by Feb. 1994 Bids in newspaper B. send out bid by Fcb. 1994 { requests to sdbe contractors C. select contractor by Feb. 1994 3. C onslruction A. Hold by Mar 1994 preconstruction i meeting by Apr. 1994 B. mobilize equipment by Apr. 1994 C.begin construction by Sept 1994 D. Complete construction d ,� '� '- . ��, i i i I I :-0 ,�q '�Cl �4(,N M ��G lei`7 {�,� 1•�y' aar, p N�j 11 �'ccaa�'{F' 1J. 1 t�ya.�}yV�'�usa� . +� i �rr•�v.t .aE:�:2� r:•n.rv-(pate 1 �.:_ '. i