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RESOLUTION NO. 99-96 " v
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, 4+ fx tits
APPROVING THE FUNDING AGREEMENT BETWEEN
' BROWARD COUNTY AND THE CITY OF DANIA
,a THROUGH THE COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM FOR SOUTHWEST IMPROVEMENTS
z - PHASE II IN THE AMOUNT OF $100,000.00; AND
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
1;.
TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,FLORIDA;
c +590ion I. That that certain Funding Agreement between Broward County and
the City of Dania through the Community Development Block Grant Program for
{r Southwest Improvements - Phase II in the amount of$100,000.00, a copy of which is
attached hereto and made a part hereof as Exhibit "A", be and the same is hereby
approved and the appropriate city officials are hereby directed to execute same.
f ]rt:
Section 2 That all resolutions or parts of resolutions in conflict herewith be and
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the same are hereby repealed to the extent of such conflict.c ' rf k�
Ai is�al to
^' Section 3 That this resolution shall be in force and take effect immediately
upon its passage and adoption. z a
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PASSED AND ADOPTED THIS AY 0 r
ATTEST: AYOR-COMMISSIONER t
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CITY CLERK UDITOR !
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APPROVED AS TO FORM AND CORRECTNESS: ,
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CITY ATTORNEY
RESOLUTION NO. 99-96y
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' INDEX
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ARTICLE PAGE
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r I DEFINITIONS AND IDENTIFICATIONS 1 �: ti �rt
II PREAMBLE 3
III PROJECTS 4 `
IV FUNDING AND METHOD OF PAYMENT 4
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V IMPLEMENTATION AND TIMETABLE 5
VI PROCEDURES FOR INVOICING AND PAYMENT 6
VII ASSURANCES 7 � �� a
VIII FINANCIAL RESPONSIBILITY I1 ;� y
IX INDEMNIFICATION 13 suP f
X EVALUATION AND MONITORING 13 �, y
XI TERM OF AGREEMENT 13 x 7
XII TERMINATION 14
XIII SUSPENSION OF PAYMENTS 15
XIV INDEPENDENT CONTRACTOR 15 J F4;i
XV ALL PRIOR AGREEMENTS SUPERSEDED 15 F?�a
16
XVI NOTICES `A'}
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XVII AMENDMENTS; ASSIGNMENTS 16 � 4
j XVIII REPORTS, PLANS AND OTHER AGREEMENTS 17
XIX CONFLICT OF INTEREST 17 M
XX EXECUTION 18
i XXI CONSENT TO JURISDICTION 18
XXII GOVERNING LAW 18 �� ,�'a +
XXIII SEVERABILITY 18 yrtis, 1 :
XXIV LEGAL PROVISIONS DEEMED INCLUDED 18
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EXHIBITS
EXHIBIT
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Project(s) Description
EXHIBIT r Costs[Budget forProject(s)
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EXHIBIT Timetable/Schedule for ' 1 ri
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rtil I t ,r 4 , Monthly Progress Report 27
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AGREEMENT
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• • • •IN THE AMOUNT OF $100,000.00
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PROVIDING FOR FUNDING AND ADMINISTRATION OF
This is an
t\ A-reementr BROWARD CO .. ry
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ereinafter referred to as "COUNTY," through its Board
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promises, • and payments hereinafter set forth, • r
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ARTICLE I
D—EFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms and
provisions which follow, the DEFINITIONS and IDENTIFICATIONS set
assumed 1 1 1 • 1 _ • below
4 are
n parties.d upon by the
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1.1 (ADA):AMERICAN DISABILITY ACT
. means the ADA policy and procedures
` promulgated by Federal Law, Section 503 and 504 of the Rehabilitation Act of 1973 and
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the Americans With Disabilities Act of 1990 adopted by Broward County.
1.2 AS AN F.S: means those assurances made by SUBGRANTEE to COUNTY n
specifically set forth in this Agreement.
1.3 BRQWARD COUNTY COMMitNITY DEVE na %?
^�tENT Bf nrir Anil Ptrnri,T A n,r
or PRQQ A means Commurury Development Program applied for by Broward County
and awarded by the United States Department of Housing and Urban Development as
N authorized pursuant to Title I, Housing and Community Development Act of 1974, Public
Law 93-383, as amended.
1.4 CDBG Fund c: means the Community Development Block Grant Funds; the monies given '
to SUBGRANTEE pursuant to the terms of this Agreement.
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1.5 COMMITTEE: means the Committee for Community Development created pursuant to
t; Broward County Ordinance No. 84-3.
i` 1.6 _COUNT means Broward County, Florida.
r 1.7 DAVIS-BACON: means the prevailing wage rate as determined by the Secretary of Labor "
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to be paid laborers and mechanics working on projects of Two Thousand Dollars
($2,000.00) or more.
' 1.8 DEPARTMENT: means the Finance and Administrative Services Department of Broward
County, Florida. R„
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1.9 DIVISION: means the Community Development Division of Broward County. a '
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1.10 R. T E: means Broward County, Florida, as Grantee of the Broward County V tv3t ,t+
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Community Development Block Grant Program,
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1.11 H.U.D•: means the United States Department of Housing and Urban Development.
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1.12 PROJECT(S): means the project or projects set forth in Article III hereof, and Exhibit a
"A" entitled Scope of Services and Timetable. N
1.13 RULES AND RE-QUATIONS OF HUD : means 24 CFR 570, "Community a
Development Block Grant Regulations"; 24 CFR 85, "Administrative Requirements for 3+;,
Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian I$
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Governments% ON1B Circular A-128, "Audits of ttatePantd Local Governmentsd Local
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' 1.14 SLTBG ANTFF• "%` �t7w
means City of Dania, municipality as subgrantee for the Projects) ei
included in the Broward County Community Development Block Grant Program. F �.
ARTICLE 1
tPREAmBLE
In order to establish the background, context and frame of reference for this Agreement ,fir
and to generally express the objectives and intentions of the respective
following statements, representations and explanations shall be accepted as predicates for the. parties herein, 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.
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{� 2.1 Title I, of the Housing and Community Development Act of 1974, P.L. 93-383,
�* consolidated several existing
b categorical programs for community development into a
single program of Community Development Block Grants ("CDBG") for the purpose of
't allowing local discretion as to the determination of needs and priorities for a community
9
development program. The needs and priorities of community development in Broward t'
County were determined by the Committee, the municipalities and unincorporated
communities participating in the Broward County Community Development Block Grant
Program.g am. I a
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2.2 Pursuant to 24 CFR 570.200(a) and 570.301 of the Rules and Regulations of H.U.D., the
M 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: t'
1�y t�1�iA v�l(a) Activities benefiting low and moderate-income persons.
(b) Activities which aid in the prevention or elimination of slums or blight; " i3
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Activities designed to meet community development needs having a particular
urgency.
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2.3 Under the Rules and Regulations of H.U.D., COUNTY is administrator for the Program s ,yF44
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and COUNTY is mandated to comply with various the
of regulations statutes, rules and reS� t
United States and the Rules and Regulations of H.U.D., as to the allocation and ns of i- f
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ture of funds as well as protecting the interests of certain classes of individuals who reside
in Broward County, Florida. "
2.4 COUNTY is mandated by H.U.D. to conduct all programs and activities relating to a ''
W" housing and community development in a manner which will affirmatively further fair
housing, COUNTY 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 3
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
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COUNTY relating to the Project(s) and the Program, as a condition precedent to the Vy =y
release of such funds to SUBGRANTEE.
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2.6 Any SUBGRANTEE found to be taking actions designed to discourage affordable housing ran
for sale or rent within the confines of Broward County is not eligible to receive CDBG
Funds.
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2.7 This Agreement is subject to the.0 t availability of funds as more specifically described in ssr
" Article IV and Article XII hereof.01
ARTICLE III ; Srr�r9
PROJECT(S) r ":
SUBGRANTEE hereby agrees to provide and implement the following eligible Project(s):
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SOUTHWEST I1YIPROVEiMENTS - PHASE II a4r {r
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This proposal was submitted and approved in the 22nd 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.
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ARTICLE IV
5 Fkt `
x FUNDING AND METHOD OF PAYMENT
4.1 The maximum amount payable by COUNTY under this Agreement shall be One Hundredv
Thousand and 00/100 Dollars ($100,000.00). 4r�,
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ARTICLE VI t.
PROCEDURES F R INVt7f('tNr AND PAYMENT
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6.1 SUBGRANTEE shall invoice COUNTY monthly on the following basis:
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(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 order authorizing the
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services for which it is invoicing. �.
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' (d) If SUBGRANTEE has awarded a contract to an independent contractor to perform 5
Project(s) services, SUBGRANTEE shall submit to COUNTY a certified copy of
the contractors invoice stating the services rendered and the date the services were �!
;j rendered.
(e) SUBGRANTEE administrator or his authorized representative shall certify that the
`.'.; work that is being invoiced has been completed.
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(f) In addition, SUBGRANTEE shall provide COUNTY with monthly progress n
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reports, as provided in Exhibit "D."
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
a
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6.3 Upon determination by the Division that the services or material invoiced have been `� f
received or completed, the Division shall authorize the Broward County Finance and
Administrative Services Department to make payment to SUBGRANTEE the amount t
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determines, pursuant to the audit, to be payable. Payment for travel expenses, if an
shall be made in accordance with County guidelines for travel reimbursement. Y
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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 which will be honored u
to twelve (12) months after expiration or termination of this Agreement. P
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6.5 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
Y be conducted by COUNTY. ,
6.6 SUBGRANTEE agrees to expend the funds allocated to the Project(s) by October 31, xs
1997. All funds not expended within the term of this Agreement shall remain in the
h custody and control of COUNTY.
Z 6.7 If, in the opinion of the Division Director, SUBGRANTEE has violated the terms of this
w Agreement, the Division Director may bring the matter before the Committee for t '
s „f Community Development for consideration. In addition to those actions which may be ;u
1 taken by the COUNTY pursuant to the terms of this Agreement, if the Committee
determines that a violation of this Agreement has occurred, the Committee may disqualify bbbb
SUBGRANTEE from receiving CDBG Funding in the subsequent year.
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ARTICLE VII
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ASSURANCES -
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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 l`ht
f CDBG Funds in regard to construction contracts.
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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. ti '
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. , 7.3 SUBGRANTEE hereby agrees to comply with all applicable federal, state and county it
laws, ordinances, and codes and regulations. Any conflict or inconsistency between the
d3 :g above federal, state or coup guidelines and regulations and this Agreement
resolved in favor of the more restrictive dreement shall be
es rictive regulations.
7.4 SUBGRANTEE hereby agrees to act in accordance with Title VI of the Civil Rights Act
of 1964 (P.L. 88-352), no person in the United States shall, on the ground of race, color,
t or national origin, be excluded from participation in, be denied the benefits of, or be A
otherwise subjected to discrimination under any program or activity for which ,
SUBGRANTEE receives federal financial assistance and will immediately take any measu-
res necessary to effectuate this Agreement. If any real roe
p p try or structure thereon is
provided or improved with the aid of federal financial assistance extended to
SUBGRANTEE, this assurance shall obligate SUBGRANTEE or in the case of any
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transfer of such property, any transferee, for the period during which the real property or fy5s� �
structure is used for a purpose for which the federal financial assistance is extended or for
another purpose involving the provision of similar services or benefits. '" } fl
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7.5 SUBGRANTEE hereby agrees, if applicable, to inform affected persons of the benefits,
'ytl 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,4 business or other ties.
t 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.
`*3 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
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that replacement housing will be available in the same range of choices with respect to a,
such housing to all displaced persons regardless of race, color, religion, or national origin
x� pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
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r 7.9 SUBGRANTEE hereby agrees to comply with the requirements and standards of OMB t 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. y?'. do Attachment P of ONIB Circular A-102, entitled "Audit Requirements" is superseded by
ONIB Circular A-128.
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7.10 SUBGRANTEE hereby agrees to incorporate COUNTY'S Small Disadvantaged Business
+ w Enterprises Affirmative Action Program requirements and H.U.D. regulations for all s`
contracts of$10,000.00 or more awarded by SUBGRANTEE pursuant to this Agreement. ".
7.11 SUBGRANTEE hereby agrees to incorporate COUNTY'S First Source Hiring Agreement
Requirement within all contracts awarded by SUBGRANTEE pursuant to this Agreement
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7.12 SUBGRANTEE hereby agrees to comply with the following requirements as they relate
to acquisition, lease, sublease, and disposition of real roe - '
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(a) Before entering into a lease or sublease with a third "£parry, SUBGRANTEE shall 4\
notify the Division of his/her intent to enter into a lease or sublease, provide a
5 copy of the proposed lease or sublease and obtain the Division's consent.
(b) Property acquired through a CDBG funded Project shall be used for the original a
approved purpose and SUBGRANTEE shall demonstrate significant material "r
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\^ 18 eighteen progress within eimonths' g ( ) of closing on such property. In the event such material progress is not evidenced nor commenced within said eighteen (18)
r,- months of closing, SUBGRANTEE hereby agrees to transfer ownership of the r, property acquired with CDBG Funds to COUNTY, if COUNTY so requests in
writing.
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(c) All real property transferred to COUNTY'S ownership, as a result of the
returned
aforementioned deficiency or significant materirty'al progress or real ro e
as a result of expiration and subsequent termination of the original Funding
r Agreement, shall be used by COUNTY at its discretion for reallocation to other eligible CDBG activities.
(d) Real property acquired utilizing CDBG Funds used for purpose of housing construction shall be deeded to home buyers at no cost unless other provisions are r
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made par of a specified provision of this Agreement and approved by the Division. % n s, An income realized as a result of the disposition of roe b SUBGRANTEE ( ?r,
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shall be returned to COUNTY, unless otherwise provided for by written
agreement. sx.
a " (e) Any regulations, policies, procedures^ or requirements governing the acquisition,
' use and disposition of real property, including but not limited to the Uniform
=4 Relocation and Real Property Acquisition Policies Act, shall be followed and
provisions of said regulations, policies, procedures and requirements shall be met. g
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(f) The income of persons benefiting from acquisition of real roe r` }1
p p rry used for r housing shall not exceed H.U.D. Section 8 guidelines unless written authorization x
is given by the Division.
(9) Proceeds from the sale of real roe� p p try purchased in whole or in par with CDBG Funds shall be handled in accordance with 24 CFR 85.31 pertaining to property 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. q i
7.13 Real property, equipment and supplies acquired with CDBG funds and no longer needed r• for the originally authorized purpose shall be disposed of in the manner authorized by the Director of the Community Development Division and consistent with 24 CFR 85 after the u' ` a SUBGRANTEE has requested disposition instructions.
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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- ` t";*
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 "' u
determined by the Secretary of Labor.
tit 7.15 In instances where SUBGRANTEE is seeking to use,CDBG Funds for payment of impact
t. 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
x Division documentation reflecting SUBGRANTEE'S unsuccessful efforts 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 tl,}
` . or provided to primarily religious entities for any activities, including secular activities.
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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
yr; beneficiaries. c,??l y S
7.18 Subgrantee hereby agrees that applicants for rehabilitation assistance, tenants in housing
4. being rehabilitated and purchasers of HUD-associated housing will be provided with
\
c information concerning the dangers of Lead-Base Paint.
7.19 Subgrantee hereby agrees that:
"t (a) No federal appropriated funds have been paid or will be paid, by or on behalf of ti
the undersigned, to any person for influencing or attempting to influence an officer &
r 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 "
tr any federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant,
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loan or cooperative agreement.
} (b) If any funds other than federal appropriated funds have been paid or will be paid
to an person for influencing or attempting to influence an officer or employee of
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any agency, a member of Congress, an officer or employee of Congress, or an „ '4
f. 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 f
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its instructions.
CAF#21.Tem
Rev. 08/26/96 -10_
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operations of the local government or, at the option of that government, may cover only
the department or agency that received, expended, or otherwise administered the federal
funds. Such audit must be filed with COUNTY within one hundred eighty (180) days
after the close of the fiscal year of the governmental entity. All grant funds fromu r
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.
. a SUBGRANTEE shall demonstrate significant material progress within the timetable in
Exhibit "C," attached hereto and by reference made a part hereof. In the event such
x:
material progress is neither evidenced nor commenced within said timetable, the CDBG
Funds shall revert to COUNTY as provided in this Agreement and shall be issued by k,
COUNTY at its discretion for reallocation to other eligible CDBG projects.
i 8.6 Upon the prior written approval of the Director of the Division, program income generated
;�. as a result of receipt of CDBG Funds shall be used in one of the following manners: {^
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(a) Added to funds committed to the Project(s) by SUBGRANTEE and used
proportionally to the original funding allocation to further eligible program
objectives.
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(b) To finance the nonfederal share of the Project(s) when approved by the COUNTY.
(c) Only for eligible CDBG activities as approved by COUNTY. Z°4f
(d) Returned to COUNTY upon written request of the Division.
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" ' { 8.7 SUBGRANTEE hereby agrees to budget and expend all CDBG Funds in accordance with
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the Division's "Procedures Manual for Subrecipients."
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8.8 SUBGRANTEE is required to and hereby agrees to account for program income related 'i r t4a
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to Project(s) financed in whole or part with CDBG Funds. L
8.9 Any real property under the SUBGRANTEE'S control that was acquired or improved in
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whole or in pan with CDBG Funds shall be:
a1e G.
(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 results in the COUNTY being 4
reimbursed in the amount of the current fair market value of the property less any F4
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CAF#21.Tem ,z
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<"t Portion of the value attributable to the expenditure of non-CDBG Funds for
♦� acquisition of or improvement to the roe °, � �F
Y ARTICLE IX
INDEMNIFICATION CLAIISE
le 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 L Y' 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.P e ft
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9.2 COUNTY gives specific consideration to SUBGRANTEE for the foregoing
indemnifications in Article IV of this Agreement. "
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r ARTICLE X
N EVALUATION AND MONI_ TORiN(;
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 t 4
4s7 .: dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms
of this Agreement, comparisons of planned versus actual progress relating to Project(s)
a t k scheduling, budgets, in-kind contributions and output measures. Upon request SUBGRANTEE _
agrees to furnish to the Division Director, COUNTY or their designees, such an
records d
: 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
I 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. r .k
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F TERM OF AGREEMENT
_
" This Agreement shall commence on the day the Division Director provides a written Notice
u to Proceed for the Project(s) to SUBGRANTEE and shall terminate on October 31, 1997.
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ARTICLE
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" LERMINATION
a 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
a r in writing to SUBGRANTEE. Said notice shall be delivered by certified mail, return t i 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
+'a 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,
x drawings, maps, models, photographs, reports prepared, capital equipment and any other
assets secured by SUBGRANTEE with CDBG Funds under this Agreement shall be x
returned to COUNTY.
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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 *:
n 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.
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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 '
t , f giving thirty (30) days notice in writing of its intent to terminate, stating its reasons for
Cbt (r doing so. In the event COUNTY terminates the Agreement, COUNTY shall pay
SUBGRANTEE for documented committed eligible costs.
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�, . 12.6 All requests for amendments to this Agreement must be submitted in writing to the s
Director of the Community Development Division no less than ninety (90) days prior to ; m'
}ts,= the termination date of the Agreement.
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SUSPENSION OF PAYMENTS F
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' 13.1 The parties hereby agree that the following events are sufficient cause for suspension of ,
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payments. Such events include but are not limited to:
U (a) Ineligible use of CDBG Funds;
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(b) Failure to comply with the work program or terms of this Agreement;
s. (c) Failure to submit reports as required including a favorable audit report; and
(d) Submittal of incorrect or incomplete reports in any material respect.
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! s„ ARTICLE XIV
INDEPENDENT CONTRACTOR
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SUBGRANTEE is an independent contractor under this Agreement. Services provided by
SUBGRANTEE shall be performed by employees of SUBGRANTEE and subject to supervision
by SUBGRANTEE, and shall not be deemed officers, employees, or agents of Broward County.
t1 Personnel policies, tax responsibilities, social security and health insurance, employee benefits,
s a purchasing policies and other similar administrative procedures applicable to services rendered
x under this Agreement shall be those of SUBGRANTEE, which policies of SUBGRANTEE shall
i not conflict with COUNTY, H.U.D., or United States policies, rules or regulations relating to the f y:
use of CDBG Funds.
ARTICLE XV
`yea ALL PRIOR A R EMENTS SUPERSEDED
5; This document incorporates and includes all prior negotiations, correspondence,
* r ] 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
y matter of this Agreement that are not contained in this document. Accordingly, it is agreed that
r no deviation from the terms hereof shall be predicated upon an
1 P p y prior representations or r
agreements whether oral or written
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Whenever either party desires to give notice unto the other, such notice must be in writing,
s }'1 sent by certified United States mail, return receipt requested, addressed to the
is intended, at the lace last P Pem for whom it
P 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,
' g For the present, the parties designate the following as the respective places for giving of notice,
f ; to-wit:
FOR COUNTY:
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Director ..
t Broward County Community Development Division
201 South Andrews Avenue, Second Floor l ;
r s Fort Lauderdale, Florida 33301
'f7•u , ry S f
EQR SUBGRANT
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Michael W. Smith, City Manager
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City of Dania
100 West Dania Beach Boulevard
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Dania, Florida 33004
ARTICLE XVIIg fI =
ASSIGNMENTS
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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
RIM recommendations as proposed by its SUBGRANTEES or the Division after appropriate
E RYreferral 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.
• CAF#21.Tem
Rev. 08/26/96 -16-
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' 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.
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17.4 Except for the provisions as set forth in Sections 17.1, 17.2 and 17.3, no modification,
Ws� 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. q ,
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ntt kl' t 17.5 SUBGRANTEE shall not transfer or assign the performance of services called for in this
It ';1 �:`y", Agreement without the prior written consent of COUNTY.
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ARTICLE XVIII
(
>r REPORTS. PIA N AND OTHER AG
EMENTS
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All reports, plans, surveys, information, documents, maps and other data procedures
15 441'
developed, prepared, assembled or completed by SUBGRANTEE for the purposes of this
a Agreement shall become the property of COUNTY without restriction, reservation or limitation b `1 �4 of their use and shall be made available by SUBGRANTEE at any time upon request by COUNTY
y
or Division. Upon completion of all work contemplated under this Agreement, copies of all of
x +� r S sue.• the above data shall be delivered to the Division Director upon his/her request.
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ARTICLE XIX
CONFLICT nE INTEREST
till SUBGRANTEE covenants that no person who presently exercises any functions or r' r
responsibilities in connection with the Project(s) has any personal financial interest, direct or
indirect, in the Project during this tenure or for one year thereafter as provided for in 24 CFR
570.611(b), which would conflict in any manner or degree with the performance of this ,
' Agreement, and that no person having an conflicting interest shall be employed or subcontracted.
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I Any possible conflicting interest on the part of SUBGRANTEE or its employees shall be disclosed
+ g in writing to the Division. It shall not be deemed a conflict as long as all purchasing for
zc3 consumables, capital equipment and services are obtained in conformance with Article VI.
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S i However, this paragraph shall be interpreted in such a manner so as not to reasonablyt?
i impede the statutory requirement that maximum opportunity be provided for employment of and
a ��x participation of lower income residents of the Project(s) target area(s). r
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Rev. 08/26/96 -17-
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This document shall be executed in four (4) counterparts, each of which shall be deemed
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to be an original. M,
ARTICLE XXi
CONSENT TQ JURISDICTION
�' xdR�'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 deter- x ,
mined in such court. Each parry further agrees that venue of any action to enforce this Agreement �w
shall lie in Broward County.
w ARTICLE XX1I
s GOVERNING LAW
rt a:r3 The parties agree this Agreement shall be construed in accordance with and governed by
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the laws of the state of Florida. r a y
x s ARTICLE XXIII
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SEVERABiL[TY
If this Agreement contains any unlawful provisions not an essential pan 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 b either
'> P y parry, be deemed
stricken from this Agreement without affecting the binding force of the remainder of the '
Agreement.
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LEGAL PROVISInNS DEEMED INCLUDED "
Each and every provision of any law and clause required by law to be inserted in this
Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced
as though it were included herein and if, through mistake or otherwise, any such provision is not
3
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IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature: BROWARD COUNTY through the BROWARD COUNTY . () {
° ADMINISTRATOR, authorized to execute same by resolution of the Board of County
Commissioners, and signing by and through its duly
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authorized to execute same. ----.�
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+ CO NTY i
WITNESSES:
i BROWARD COUNTY, through the :hY
BROWARD COUNTY ADMINISTRATOR
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County Administrator
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Approved as to form by
{fir Office of County Attorney
Broward County, Florida
JOHN J. COPELAN, JR., County Attorney
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Governmental Center, Suite 423
115 South Andrews Avenue
14 �r ih
� Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
Telecopier: (305) 357-7641
N It yy
By
MA1TE h AZCOITIr1 t 7s
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Assistant County Attorney
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� R. AGREEMENT BETWEEN . . , . , COUNTY FOR SOUTHWEST
AMOUNTOF 11 111 11
ROVIDING FOR
FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAMS
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APPROVED AS TO FORIM:
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CITY OF DANIA
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EXHIBIT )
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DESCRIPTION
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(Give a detailed description of the work/project1 1' funded 1thisAgreement] -
ern 21�> F C)au2 . Location 1specific1' plannedin coordinationCollege
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input.
This project will improve cross streets connecting Ely Blvd.
nd
iters
r9W=y�YS Rrt^: .Stirli 1 '1. 1 . 1 1. 1 1completed• 1 1 ,1ing limitations on Ely
Road 1•
lvd. and Phippen.
Project continue programs begun in the 1995-1996 fun cycle
ding
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XXII YEAR CDBG - SOUTHWEST IMPROVEMENTS PHASE II
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EXHIBIT "B"
COSTS/BUDGET FOR PROJECTS)
Instructions
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For each cast category (personnel,fringe, etc.) enter the proposed amount necessary to complete the project. Please
refer to allowable cost for H.U.D. Share of Budget Attachment).
(Nan-CDBG Resources)
Category (1) CDBG (2) City of Dania (3) (4) TOTAL �^
A. Personnel 4,600 4,600 ^i
B. Fringe Benefits
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1,850 1,850
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C. Travel �
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D. Equipment
E. Supplies
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100 z �"
F. Contractual 15,000
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15,000 F
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G. Construction 85,000
85,000 �
,
H. Other "
'7LA+��1AASSY Pj - I S t .i
F ` 1. Totals 100,000 6,550
� 106,550. ! r
l Ay�rv^ h 44
n
Budget Narrative
Instructions " tt
The budget narrative must be attached to this Exhibit. The budget narrative statement should provide a detailed
justification for each cost category shown on thiis Exhibit. The budget narrative should identify non-CDBG resources f
. to be utilized in financing the project. Also, specify the costs for which CDBG funding is being requested and the costs
to be covered by non-CDBG resources. a `
L
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ifa}��1
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Pjrf"A-
CITY OF DANIA
1 XKII YEAR CDBG SOUTHWEST IMPROVEMENTS PHASE II
Y fyat 'iY°c�fLi 1 -'
BUDGET
G .
COBO COSTS:
f yProject Costs:
r
f
& V}
e v t44 rn y. r, 1 1
Engineering fees for design,
preparation of specifications, .t1
<Y (tt'M �3t, / inspection /f in-progress
'�q. rrsk C construction
15,000
u ai �.ta"tk qG. Construction:
v 3 '
Sidewalk (6,000
Landscaping i
Paving
111
r
11 1 11
Id �
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s
gye r j�xlea 1
A. Personnel:
yxbv h�,.hr M
�v4 rY
B. Fringe Benefits at 40%
1,850
E. Supplies: Copying, Paper, etc.
Cr r�t'g5R'6 r'�;t
1 4r y"vrp +e4 100
75 x f�.ti Yku�� 6,550
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INN
;•s t•• ` ., , (Continued)
� � Allowable Cost for HUD Sha o
5£ t4 f Budget
Federal cost principles for S J p P nonprofit organizations other than
V33�xNrf r„ universities are stated in the Federal Procurement Regulations at Part
,3� )'''( �r+ 15, Subpart 2. This document is an extensive and somewhat complicated
serie+= f+ t
costs of under federal les governing the allowability of various types of
M+ �} ,3fxs„kq grants and contracts. General information
concerning the cost principles is summarized below:
/Q�3?�irYb,rJ
The following types of costs are specifically unallowable:
t ;
t= (a) Advertising costs other than those associated with recruitment
of personnel and the solicitation of bids for goods and
services.
(b) Bad debts. n
to yay
(c) Contingencies .
(d) Contributions and donations. ,Y
Z
r,Ft ` (e) Entertainment.
+f (f) Fines and penalties .
n �
Mx a (9) Interest.
r
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(h) Losses on other grants or contracts.
ayra Most other categories of cost are generally allowable under the
+ +Eta cost principles provided the costs are allowable and reasonable.
General comments on individual cost elements are listed below: Fa..
w/t,2�ye1P t
MIA
Salary costs are
wa, generally allowable provided they are based on actual
-of-living or merit
current salaries adjusted for any anticipated cost
F '
increases during the grant period. Salary costs for unidentified new ski .
4k�s,. xr<kM employees must be consistent with the organization's overall employee
compensation structure. The organizational compensation policy should
t no thane as a 4 result of obtaining a federal grant. f�
Frincre_ Bait costs such as
wAC kt. rrj employee insurance, and unem to for vacations, holidays, sick leave,
fbr� extent required by law or established organizational policy.allowableent benefits are to the
pay
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,
EXHIBIT
Satigr • {Con_ timed)
yr�y l..ki tilt Jy.
41
ravel costs consistent with established organizational policy are
y generally allowable. The difference between f rst 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.
r,
Ecruioment 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.
yr 5 k
Material cost directly associated with the project are allowable.
Prices must generally be justified through competitive bids except for
vqj„t y, nominal purchases.
Wrw)4 Subcontracts must be awarded on a competitive basis except in
; 3 extraordinary circumstances. The same principles applicable to 7
r} li p4ir individual cost principles for grantees are generally applicable cost-
reimbursement type subcontracts under grants.
" p+frzhxs Consultant agreements should include a certification by the consultant r
that the consultant rate is equal to or less than the lowest rate the L
u ` t' consultant accepts for comparable work. Additionally, the Congress
has prohibited the salary component of consultant fees under H.U.D.
, Ka grants to exceed $193 . 00 per day.
' F
d` t: 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.
t i�sr
u�rh Other costs include all types of direct costs not specified above.
tht t Normally, such costs include space, telephone, utilities
i
,f � > r�,�Y. Yr p p Printing ,
and other basic t operating expenses. is
, n
9`Fd y''S 6 �
3}°=Y LEVERAGE is that which the municipality or non-profit organization
brings to the project. It may be in the form of services or
.v
contributed operating expenses (in-kind contributions) or cash support
a', f from the organization itself or from other non-CDBG sources.
:E
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44
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21
CITY OF DANIA
XXII YEAR CDBG SOUTHWEST IMPROVEMENTS PHASE If
EXHIBIT 11CH
tl¢rat h5.rw.�,1 lry�t .'iS�
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TIMETABLE/SCHEDULE
WORK TASKS
TIMETABLE
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COMPLETION
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41 ♦i,'-taw '�M1� 1
rl� r`i�3v+qPreparation of Bid specifications01, 1996
1
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Advertising of Bids 1997
1
�ttY�'i" Y{•r1}�f r. Award of • 1 Itl Apr. .�U�} •`d..x 1Apr. 1997
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4.
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EXHIBIT try, s
MONTHLY PROGRESS REPORT
It 1
S
Period Covered: To
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a, A. Project Information Date of Report:
A enc
t t�Zi , sb
Person Preparing the Report:
Title:
' Signature:
4rf 1ad
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Project Title and Number:
,cr Project Start-up Date:
r
Project Completion Date:
Amended Completion Date:
w B. 1(a) Project Cost
YFunds r ,;
Expended Percentage
+ to Date
Total Project
k• C py MI i .�
9 SJ��f
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CDBG Funding $ $
Y ytiMts
�lYt �TS�Y:
S Other Funding
(State Source)
B. l(b) Declaration of Aaencv Budget Chancres
Program Income:
� i'•
Source of Program Income:
1 tv
� A
` . B. 1(c) Other Grant Awards
+ Date(s) : Dollar Amcunt(s) :
Funding Source (s) : " g 1
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Funding Contact Peron.,ice. .
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' B.1(d) Describe attempts to cpcu a addit'onal funding
ul.
B.2 (a) Percent of Prole Comnto
`ts ted to Date:
$•2 (b) Anticipated Chancres in Staffing
1. Office Hours:
da .:
2 . Resignations:
3 . Part-time or Full-time Em lovee s1 :
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C. 1. Brief Project Description & Project Location
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2. Describe Specific Work Tasks and Oualified
Accomplishments Completed this Month
G
Task
Qualified
� Accomplishments
This Month
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4. Antininatnd problems nr —_
>b, erns with oro�ec•t, please
identify technical assistance needed and/or requested
from Community Development staff.
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fz S. Antici ated advertisements and lor other contractual
services. If so, has Community Development staff been
t{ " advised and appropriate steps taken to assure
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