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RESOLUTION NO. 100-96
A RESOLUTION OF THE CITY OF DANIA FLORIDA _,
APPROVING THE FUNDING AGREEMENT BETWEEN "BROWARD COUNTY AND THE CITY OF DANIA
THROUGH THE COMMUNITY DEVELOPMENT BLOCK
=F GRANT PROGRAM FOR NORTHWEST IMPROVEMENTS
PHASE II IN THE AMOUNT OF $200,000.00; AND
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
F RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE.
t BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA; w ,r�r"max
133 a'Section 1 That that certain Funding Agreement between Broward County and `
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the City of Dania through the Community Development Block Grant Program for t
t 3 Northwest Improvements - Phase II in the amount of$200,000.00, a copy of which is
r 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.
• Section 2 That all resolutions or parts of resolutions in conflict herewith be and
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't the same are hereby repealed to the extent of such conflict.
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5-egtion 3, . That this resolution shall be in force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED THIS-8 D OF
OR-COMMISSIONER
ATTEST: OR-COMM V
CITY ULLHWAUDITOR
XF3 A Y'1
APPROVED AS TO FORM AND CORRECTNESS:
1 J t F .i y l7yy Y�'��}S�}Syyyy
CITY fY ATTORNEY RESOLUTION NO. 100-96 a��
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AGREEMENT 'dd
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Between
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and
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for
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QRTHWEST . . .'.:
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IN THE AMOUNT OF $200,000.00
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PROVIDING FOR FUNDING AND ADMINISTRATION OF
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#: ARTICLE
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I DEFINITIONS AND IDENTIFICATIONS
II PREAMBLE 3
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
4a !!VIII FINANCIAL RESPONSIBILITY y IX INDEMNIFICATION ;fiy3�uy
13 ��
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X EVALUATION AND MONITORING 1 .+^
13
XI TERM OF AGREEMENT 13
XII TERMINATIONa
a I 14 �Y3d
XIII SUSPENSION OF PAYMENTS 15
XIV INDEPENDENT CONTRACTOR 15 ax4 >
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` I XV ALL PRIOR AGREEMENTS SUPERSEDED 15
XVI NOTICES 15 7
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XVII AMENDMENTS; ASSIGNMENTSa>�d
16 vt�rrl ,
XVIII REPORTS, PLANS AND OTHER AGREEMENTS 17
XIX CONFLICT OF INTEREST '
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XX EXECUTION 18Ps�
XXI CONSENT TO JURISDICTION
' 18 ;
XXII GOVERNING LAWd�;
XXIII SEVERABILITY 18
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XXIV LEGAL PROVISIONS DEEMED INCLUDED 18
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INDEX
EXHIBITS
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EXHIBIT "A"
Project(s) Description 21
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EXHIBIT "B" Costs/Budget for Project(s) 22
EXHIBIT "C" Timetable/Schedule for Project(s) 26 ��}�' �..(
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EXHIBIT "D" Monthly Progress Report
27
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AGREEMENT
Between
BROWARD COUNTY
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CITY OF DANIA
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NORTHWEST
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IN THE
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F S-c.Jpx ,M1: COMMUNITY DEVELOPMENT BLOCK PROGRAMS
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This is an Aareement between: BROWARD COUNTY, a political subdivision of the State
yn�ANy.if tit �. .
{cX„'r�l�f`��iy3✓. {gyp. 1Florida, its successors1assigns, hereinafter referred 1 as • throughBoard
rn i�VfJ.:J,cL✓'u�. 1 County Commissioners,
AND
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CITY OF DANIA, its successors1assigns, referred 1as : • NTEE.
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W I T N E S S E T H, that, for and in consideration of the mutual terms and promises, covenants and payments hereinafter set forth. COUNTY and SUBGRANTEE agree as
ARTICLE I
DEFINITIONS AND IDENTIFICATIONS
For thepurposes 1thisAgreement1the various1
provisions which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are
assumed to be true and correct and are agreed upon by the parties.
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r�'� •� 1ah'��{d�.(,U^T"k- ��,.�� � �ti" rC 1 r ' % r `SrI Y:°ri-.3rvi'!'S_�`3.��1� ,¢�''_. !ti
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_ Tribal Government"; OMB Circular A-87, "Cost Principles for State and Local
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Governments"; OMB Circular A-128, "Audits of State and Local Governments. '
1.14 SUBGRANTEE means City of Dania, municipality as subgrantee for the Project(s)
,t included in the Broward County Community Development Block Grant Program. ':
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ARTICLE II
PREAMBLE
In order to establish the background, context and frame of reference for this Agreement `, '
and to generally express the objectives and intentions of the respective parties herein, the e4i 'J-
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 e r
is based. r
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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 Prz
allowing local discretion as to the determination of needs and priorities for a community ` kr+
development program. The needs and priorities of community development in Broward
County were determined by the Committee, the municipalities and unincorporated
communities participating in the Broward County Community Development Block Grant = t
Program.
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i; 2.2 Pursuant to 24 CFR 570.200(a) and 570.301 of the Rules and Regulations of H.U.D., the
$. Project(s) were included in the Broward County Community Development Block Grant +Y�
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: yJr,u 4"
(a) Activities benefiting low and moderate-income persons.
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(b) Activities which aid in the prevention or elimination of slums or blight;
(c) Activities designed to meet community development needs having a particular �` , ,'•, , ,
Y urgency. t
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2.3 Under the Rules and Regulations of H.U.D., COUNTY is administrator for the Program Y`
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 expendi-
CAF#21.Tern
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ture of funds as well as protecting the interests of certain classes of individuals who reside
in Broward County, Florida.
.t 2.4 COUNTY is mandated by H.U.D. to conduct all programs and activities relating to
{` housing and community development in a manner which will affirmatively further fair { y kt?'.
housing. COUNTY will fund only those SUBGRANTEES who have taken steps to ;=yr` s `!
y promote fair housing. t
2.5 COUNTY is desirous of disbursing the funds to SUBGRANTEE. However, as
administrator for the Program, COUNTY desires to obtain the assurances from
i SUBGRANTEE, and SUBGRANTEE so assures COUNTY, that SUBGRANTEE will
L comply with the statutes, rules and regulations of the United States, the Rules andx` by
Regulations of H.U.D., the State of Florida, and applicable codes and regulations of
COUNTY relating to the Project(s) and the Program, as a condition precedent to the ,
release of such funds to SUBGRANTEE. I'
s, 2.6 Any SUBGRANTEE found to be taking actions designed to discourage affordable housing *
for sale or rent within the confines of Broward County is not eligible to receive CDBGZn
Funds.
2.7 This Agreement is subject to the availability of funds as more specifically described in
l' Article IV and Article XII hereof.
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ARTICLE III
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PROJE T(S) s !
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SUBGRANTEE hereby agrees to provide and implement the following eligible Project(s): aa ,w
NORTHWEST IMPROVEMENTS - PHASE II f
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.
ate,
ARTICLE IV
FUNDING AND MF'ru D OF PAYMENT
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4.1 The maximum amount payable by COUNTY under this Agreement shall be Two Hundred k
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Thousand and 00/100 Dollars ($200,000.00).
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4.2 COUNTY agrees to reimburse SUBGRANTEE for the Project(s) expenses incurred as
�I provided for in Exhibit "B" attached hereto, provided suspension of payment as provided ; ' f k i, '
for in Article XIII hereof has not occurred, and provided further that SUBGRANTEE
-A complies with the procedures for invoices and payments as set forth in Article VI herein. ``Y f
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4.3 COUNTY shall pay SUBGRANTEE as specific consideration for the indemnification of „ k;
Article IX, the sum of ONE DOLLAR ($1.00) in cash, the receipt of which is hereby
acknowledged by SUBGRANTEE.
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ARTICLE
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IMPLEN4ENTATIQN AND TIMFTAUT ❑
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 schedule within six __J
sixty (60) days of the checkpoints identified in the
timetable shall warrant a full review by Division staff. Such referral shall be the first step r r
toward possible reprogramming of funds. Failure to maintain the implementation schedule
within ninety (90) days of checkpoints shall be cause for an attendant recommendation
J. contingency account or be reprogrammed, consistent with the Housing
from the Division that all uncommitted and unexpended funds be transferred to the and Community Y
r^ Development Act of 1974, as amended.
5.2 All specifications and plans prepared or to be used for the Project(s) shall be certified and t}
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approved by SUBGRANTEE and submitted to the Division fora approval advertisement or implementation as applicable, pp prior to
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5.3 No construction work may be undertaken without written authorization from the Division
y prior to SUBGRANTEE'S issuance of a formal Notice to Proceed.
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f 5.4 All change orders must receive prior approval from the Division. * 1 iFyt
5.5 At the completion of each Project, "as-built" drawings, when necessary, tr x
to the Division for approval prior to final payment,
shall be submitted
5.6 The Division may issue a Stop Order to SUBGRANTEE which will halt all work on the �y tkrJW
Project in the event that the work is not being done according to specifications A }
in the Division Director's judgment, SUBGRANTEE or its contract r haveviolatedrfederal
guidelines and regulations, the assurances contained herein, or the provisions of this
Agreement.
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ARTICLE E
" MCEDU ES EQg INyOI INN -AND P
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6.1 SUBGRANTEE shall invoice COUNTY monthly on the following basis: y5t,f f
(a) SUBGRANTEE shall provide COUNTY with a certified copy of the bid awards,
,g if necessary, authorizing the work to be done on the Project(s).
t (b) SUBGRANTEE shall provide COUNTY with documentation of leveraging which
s has occurred during each month
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(c) SUBGRANTEE shall submit a certified copy of the purchase order authorizing the "services for which it is invoicing. =a r
(d) If SUBGRANTEE has awarded a contract to an independent contractor to perform
Project(s) services, SUBGRANTEE shall submit to COUNTY a certified copy of
the contractor's invoice stating the services rendered and the date the services were rendered. Ir,��yy
(e) SUBGRANTEE administrator or his authorized representative shall certify that the work that is being invoiced has been completed. J
k (f) In addition, SUBGRANTEE shall provide COUNTY with monthly progress
r 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 =a
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the items invoiced have been completed and that the invoiced items are proper for m payment.
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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 '
determines, pursuant to the audit, to be payable. Payment ftr travel ex enses, if an , t
shall be made in accordance with County guidelines for travel reimbursement.
6.4 For purposes of this section, invoices, reports and other materials as described in Section ,3 6.1, shall not be honored if received later thanr
sixty (60) days after expiration or
r termination of this Agreement, except invoices for impact fees which will be honored up f
to twelve (12) months after expiration or termination of this Agreement.
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7.5 SUBGRANTEE hereby agrees, if applicable, to inform affected persons of the benefits, ;1
? policies, and procedures provided for under H.U.D. regulations.
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7.6 SUBGRANTEE hereby agrees to establish safeguards to prohibit employees from using `' s i.�
positions for a purpose that is or gives the appearance of being motivated by a desire for
Y private gain for themselves or others, 2nicularl
„ P y those with whom they
have family,
business or other ties. Y, �}
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s� 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 w
'•
at, or subsequent to, the execution of this Agreement, by the parties hereto,
7.8 If applicable, SUBGRANTEE hereby agrees to carry out the relocation process in such a w° q
manner as to provide displaced persons with uniform and consistent services, and assure
that replacement housing will be available in the same range of choices with respect to t
'." such housing to all displaced persons regardless of race, color, religion, or national origin
"Y pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act
sv� of 1970, as amended.
7.9 SUBGRANTEE hereby agrees to comply with the requirements and standards of OMB k
a Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with
c' State, Local, and Federally Recognized Indian Tribal Governments," and 24 CFR 85.
Attachment P of OMB Circular A-102, entitled "Audit Requirements" is superseded by
OMB Circular A-128. , I
` r 7.10 SUBGRANTEE hereby agrees to incorporate COUNTY'S Small Disadvantaged Business
1 Enterprises Affirmative Action Program requirements and H.U.D. regulations for all
contracts of$10,000.00 or more awarded by SUBGRANTEE pursuant to this Agreement. a ,
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7.11 SUBGRANTEE hereby agrees to incorporate COUNTY'S First Source Hiring Agreement
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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 property.
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(a) Before entering into a lease or sublease with a third parry, SUBGRANTEE shall
notify the Division of his/her intent to enter into a lease or sublease, provide a ai
y 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 approved purpose and SUBGRANTEE shall demonstrate significant material
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progress within eighteen 08) 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
a property acquired with CDBG Funds to COUNTY, if COUNTY so requests in
writing. ;;'
r (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
iz Agreement, shall be used by COUNTY at its discretion for reallocation to other
eligible CDBG activities.
O 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
fied provision of this Agreement and approved by the Division.
made part of a speci
Any income realized as a result of the disposition of property by SUBGRANTEE 4'shall be returned to COUNTY, unless otherwise provided for by written
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agreement.
(e) Any regulations, policies, procedures, or requirements governing the acquisition, N; Y
tf 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 u is given by the Division.
(9) Proceeds from the sale of real roe
P P rtY purchased in whole or in pan with CDBG Funds shall be handled in accordance with 24 CFR 85.31 pertaining to property
management.
(h) Method of transfers of real roe
P p nY acquired with or improved by use of CDBG
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Funds shall be accomplished after approval by the Director of the Community Development Division. w # „
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' tr, 7.13 Real property, equipment and supplies acquired with CDBG funds and no longer needed
for the originally authorized purpose shall be disposed of in the manner authorized b the
Director of the Community y ,,.ry Development Division and consistent with 24 CFR 85 after the
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-
Bacon Act, 40 U.S.C. 276a-276a-5, as amended, which requires all laborers and
w mechanics working on the Project be paid not less than prevailing wage rates as a
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 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
`sa or provided to primarily religious entities for any activities, including secular activities. s„'k
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
" 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 n s,
information concerning the dangers of Lead-Base Paint.
r � 7.19 Subgrantee hereby agrees that: r�
(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
L 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 ofti'w
any federal loan, the entering into of any cooperative agreement, and the extension. continuation, renewal, amendment, or modification of any federal contract, grant,
' loan or cooperative agreement. w,
(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 y agency, a member of Congress, an officer or employee of Congress, or an r}
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 t>,
its instructions. t ,,,^•, �?,
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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 individuals with disabilities in such areas as
' , m<rt4r ' employment, housing, public accommodations, education and transportation.
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 g a prohibiting the use of excessive force by law �
:9
enforcement agencies within its jurisdiction against any individuals engaged in nonviolent
s 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 funded in whole or in part
r' by Broward County.
f ARTI I.E VIII z,
FINANCIAi RFcn NSiRit ITY s
K ul 1 �� a Rflt
x 8.1 SUBGRANTEE hereby gives COUNTY, H.U.D., and the Comptroller General, through ,r
�I4 any authorized representative, access to and the right to examine all records, books,
papers, or documents relating to the Project(s).
+t� 8.2 SUBGRANTEE hereby agrees to maintain books, records and documents in accordance
with accounting procedures and practices which sufficiently and properly reflect all
expenditures of funds provided by COUNTY under this Agreement.
r
8.3 SUBGRANTEE hereby agrees that if it has caused any funds to be expended in violation4
Air
of this Agreement, it shall be responsible to refund such monies in full to COUNTY from
nonfederal resources, or if this Agreement is still in force, any subsequent request for
'uT payment shall be withheld by COUNTY. RJ
8.4 If SUBGRANTEE receives $25,000.00 or more a year in federal grant funds,SUBGRANTEE hereby agrees to have an audit made in accordance with OMB Circular
A-128, entitled "Audits of State and Local Government." The audit shall cover the entire
CAFt/21.Tern y
Rev. 08/26/96
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portion of the value attributable to the expenditure of non-CDBG Funds for
acquisition of or improvement to the property.
ARTICLE IX Ryyaa,a , yxa ,
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INDEMNIFICATION CLAUSF
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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, :
r 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 they
performance of this Agreement. ,f
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9.2 COUNTY gives specific consideration to SUBGRANTEE for the foregoing
indemnifications in Article IV of this Agreement. 5 b`
ARTICLE X
EVALUATION AND MONITORING �I�s ;t3sti�
SUBGRANTEE agrees that the Division will carry out periodic monitoring and evaluation � ws
activities as determined necessary by the Division. The continuation of this Agreement is
dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms
of this Agreement, comparisons of planned versus actual progress relating to Project(s)
scheduling, budgets, in-kind contributions and output measures. Upon request SUBGRANTEE
f asv ky't+'
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 e M a r prr
or COUNTY. SUBGRANTEE shall submit on a monthly and quarterly basis, and at other times x
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.
��h�rt� gar
ARTICLE XI
f^<E yt! rt�j IL2
TERM OF AGREEMENT rt ;sri t 4 i=
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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, 1997.
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ARTICLE X1II
ar wuc��
is SUSPENSION OF PAYMENT r,M
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i ll t th agree that
a parties hereby 1 The 13. py gae following events are sufficient cause for suspension of
.
payments. Such events include but are not limited to:
ht
a (a) Ineligible use of CDBG Funds; &'
- s i .
(b) Failure to comply with the work program or terms of this Agreement; ',tr;,`' ;!
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(c) Failure to submit reports as required including a favorable audit report: and
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f (d) Submittal of incorrect or incomplete reports in any material respect.
ARTICLE XI
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1 INDEPENDENT CONTRACTOR
r SUBGRANTEE is an independent contractor under this Agreement. Services provided by `
rnt SUBGRANTEE shall be performed by employees of SUBGRANTEE and subject to supervision ' '
by SUBGRANTEE, and shall not be deemed officers, employees, or agents of Broward County.
Personnel policies, tax responsibilities, social security and health insurance, employee benefits, ^
purchasing policies and other similar administrative procedures applicable to services rendered
eT
under this Agreement shall be those of SUBGRANTEE, which policies of SUBGRANTEE shall
Z not conflict with COUNTY, H.U.D., or United States policies, rules or regulations relating to the
use of CDBG Funds. „
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ARTICLE XV Ff ;
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ALL PRIOR AGREEMENTS SUPERSEDED
•yy �.��krr ;�
This document incorporates and includes all prior negotiations, correspondence, r nth >"tip
conversations, agreements, or understandings applicable to the matters contained herein, and the { i
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 a
no deviation from the terms hereof shall be predicated upon any prior representations or
i
agreements whether oral or written.
CAF#21.Tern ;°
Rev. 08/26/96 -15-
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e ARTICLE XVI
NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing,
sent by certified United States mail, return receipt requested, addressed to the party for whom it
is intended, at the place last specified, and the place for giving of notice shall remain such until
it shall have been changed by written notice in compliance with the provisions of this paragraph.
' For the present, the parties designate the following as the respective places for giving of notice,
to-wit: r q
FOR COUNTY:
Director t
Broward County Community Development Division
s 201 South Andrews Avenue, Second Floor
Fort Lauderdale, Florida 33301
FOR SUB GRANTEE: xtyd
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4, + Michael W. Smith, City Manager i,
City of Dania
} 100 West Dania Beach Boulevard ,
° Dania, Florida 33004 ?;
a ' ARTICLE XVII
!
YI i AMENDMENTS ASSIGNMENT '�t a<<'
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 p t
referral to the Committee. In the event that COUNTY approves any modification,
amendment, or alteration to the funding allocation, SUBGRANTEE shall be notified
3 , Y
pursuant to Article XVI and such notification shall constitute an official amendment.
g ^'3 • , t + j*
17.2 COUNTY may, in its discretion, amend this Agreement to conform with changes in
j federal, state, COUNTY and/or H.U.D. guidelines, directives, and objectives. Such
s amendments shall be incorporated by written amendment as a part of this Agreement and
1 v
shall be subject to approval of the Board of County Commissioners.
9 i
1
3 � +
CAF#21.Tem i3WrE
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 11B" attached hereto. o
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. ; (
r 17.5 SUBGRANTEE shall not transfer or assign the performance of services called for in this
Agreement without the prior written consent of COUNTY.
{ 1
ARTICLE XVIII
REPORTS. PLANS AND OTHER AGREEMENT r `
All reports, plans, surveys, information, documents, maps and other data procedures 4'
developed, prepared, assembled or completed by SUBGRANTEE for the purposes of this
Agreement shall become the property of COUNTY without restriction, reservation or limitation ; s 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
i the above data shall be delivered to the Division Director upon his/her written request.
�• 1� J 15 �Y�4f ft<�,
` ARTICLE XIX
1
CONFLi T OF INTEREST
w { 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 i indirect, in the Project during this tenure or for one year thereafter as provided for in 24 CFR
570.611(b), which would conflict in any manner or degree with the performance of this
Agreement, and that no person having any conflicting interest shall be employed or subcontracted. {>
Any possible conflicting interest on the part of SUBGRANTEE or its employees shall be disclosed
in writing to the Division. It shall not be deemed a conflict as long as all purchasing forfK
consumables, capital equipment and services are obtained in conformance with Article VI.
. ajL M1s 'itS(r'1 JM;4 v
�r 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).
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ARTICLE
Y Y '
EXECUTION + '
This document shall be executed in four (4) counterparts, each of which shall be deemed to be an original. ` : f
Y
ARTICLE XXI
CONSENT TO JURISDICTION h, /
SUBGRANTEE hereby irrevocably submits to the jurisdiction of any Florida state or
r federal court in any action or proceeding arising out of or relating to this Agreement, and hereby r"
irrevocably agrees that all claims in respect to such action or proceeding may be heard and deter-
mined in such court. Each party further agrees that venue of any action to enforce this Agreement' shall lie in Broward County, A
jf P 11i � 'C�f
ARTICLE XXiI
-QQVERNING LAW
1 P i
The parties agree this Agreement shall be construed in accordance with and governed by the laws of the state of Florida.s
ARTICLE XXIII
SEVERABI ITY
If this Agreement-contains any unlawful provisions not an essential part of this Agreement
a and which shall not appear to have a controlling or material inducement to the d makin A3 gypp!
such provisions shall be deemed of no effect and shall, upon notice b either g thereof,
parry, be deemed ,a stricken from this Agreement without affecting the binding force of the remainder of the
Agreement. „ d
ARTICLE XXIV r '
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' LEGAL PROVI IONS DEEMED IK UDED s
r 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
CAF#21.Tem
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AGREEMENT BETWEEN . . • . • COUNTY
IMPROVEMENTS - PHASE II IN THE AMOUNT OF $200,000.00 PROVIDING FOR
1 i} off`i' PROGRAMS FUNDING • ADMINISTRATION • • DEVELOPMENT
BLOCK
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UBQRANTE
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M a erCity Clerk
day of 19
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y�fn%K�y V,F'y.tyYy APPROVED
• . . • • TO FORM:
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CITY OF DANIA
XXII YEAR CDBG - NORTHWEST IMPROVEMENTS
EXHIBIT "A"
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PROJECT(S) DESCRIPTION
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' q` [Give a detailed description of the work/project to be funded by this Agreement.]
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This project will improve sections of Isadore Mizell/West Dania Beach Blvd. (Mizell/Beach)
and interior streets locatedbetween W. Dania Beach Blvd., Old Griffin Road, N.W. 3rd r J
Avenue, and C-10 Canal. Majority of work will be accomplished on Mizell/Beach Blvd. r s t
r With
# ' limited work to be completed on N.W. 7th Avenue. Elements will include street resurfacing
and widening, sidewalks, and landscaping. "Location of specific elements will be planned in coordination with the NorthwesVByrd Pointe
X
Civic Association to maximize citizen input.
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CITY OF DANIA t n,
• XXII YEAR CDBG - NORTHWEST IMPROVEMENTS
EXHIBIT 'B"
COSTS/BUDGET FOR PROJECTS)
Instructions
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For each cost category(personnel, fringe, etc.) enter the proposed amount necessary to complete the project,„ fi•,,: refer to allowable cost for H.U.D. Share of Budget Attachment). P 1 t. Please
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(Non-CDBG Resources)
,
Category (1) CDBG `
(2) City of Dania (3) ^I r
(4) TOTAL
A. Personnel
4,600
4,600
B. Fringe Benefits
' 1,850 1,850
4
C. Travel Equipment
E. Supplies
100
100
F. Contractual n .'
30,00030,000
G. Construction 170,000
H.
170,000 ''
Other
I Totals 200,000
6,550
Y
Budoe�tiVe
Instructions
The budget narrative must be attached to this Exhibit. The budget narrative statement should provide xh
\ s vnY§frr4*s
Justification for each cost category shown on thiis Exhibit. The budget narrative should identify non-CDBG y x�
to be P ide a detailed 'fit utilized in financing the project Also, specify the costs for which CDBG funding is being requested
to be covered b resources
the costs � f'
y non resources.
and the costs
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CITY OF DANIA
)0(11 YEAR COBG NORTHWEST IMPROVEMENTS
ylr fyYy !Y BUDGET , a
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^ CDBG COSTS:
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{ � Project Costs:
F. Contractural:
TEngineering fees for design,preparation of specifications,
ti'fn:: and 1
inspection111 • 4
4yX;br rr�Q+' construction
30,000
Suh; `T h7F `` Construction:
Ig
Ler� 1G Sidewalk
yam'' a
T' Road
iAJa 3Yt� Resurfacing tand Construction (9,000
Landscaping
170,000
m
Sy, TOTAL: 11111
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IN-KIND SERVICES:
N;
A. Personnel: 4 Yyp �
Dir. Personnel/CommunityDevelopment 11 hours2. 1 hti
Planner/Landscape
B. Fringe Benefits at 40% -
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Supplies:E. Copying, Paper,
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tJ< e ieYji ti: TOTAL:
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EXHIBIT"B"
(Continued)
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Allowable Cost for H U D Share� of Budget p ' Y i
Federal cost principles for nonprofit organizations other than
+� �f universities are stated in the Federal Procurement Regulations at Part
15, Subpart 2 . This document is an extensive and somewhat complicated
pyF, ,fix series of principles governing l 4 the allowability of various types of
lee
costs under federal grants and contracts. General information
concerning the cost principles is P P summarized below:
} � The following types of costs are specifically unallowable:
" (a) Advertising costs other than those associated with recruitment
of personnel and the solicitation of bids for goods and "
services. ,
4 (b) Bad debts. I , w
` (c) Contingencies.
}
(d) Contributions and donations.
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r` (e) Entertainment.
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(f) Fines and penalties.
r r{ (g) Interest.
(h) Losses on other grants or contracts.
� a� •x•P,. ,� t
Most other categories of cost are generally allowable under the
cost principles provided the costs are allowable and reasonable. a'. +
^. 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
'N,,T-
increases during the grant period. Salary costs for unidentified new
employees must be consistent with the organization's overall employeeYa.
�.
1114
compensation structure. The organizational com ensation p policy should
not change as a result of obtaining a federal grant.
` yg— Fringe Benefit costs such as a
employee insurance and unemployment to for vacations, holidays, sick leave,
p yment benefits are allowable to theAli
� �yj extent required by law or established organizational policy.
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„ EXHIBIT "B"
r ® (Continued)
�f - .. 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
'Srs4 organizational travel policy, it is a good practice to adopt policies
consistent with the federal travel regulations.
w , rT �; Equipment costs should be based on the least cost method of
rNa£ L` �y 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 'v
`xtiF 7 accomplish the grant. The cost of equipment not fully utilized under
yAty', the grant must be allocated to other organization costs to assure a
fair share distribution. Whenever practical, used equipment should be
z' considered in meeting equipment needs.
NMI, 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
fy ;7` rg3 extraordinary circumstances. The same principles applicable to i1
individual cost principles for P P grantees are generally applicable cost- r.
reimbursement type subcontracts under grants.
Consultant agreements should include a certification by the consultant
that the consultant rate is equal to or less than the lowest rate the ? `
consultant accepts for comparable work. Additionally, the Congress
has prohibited the salary component of consultant fees under H.U.D.P r
d3
grants to exceed $193 - 00 per day.
t:
Construction costs include construction of new buildings, structures,
xtf� 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.
1` Other costs include all types of direct costs not specified above. �y '
kl`�aF(xk' Normally, such costs include space, telephone, utilities, printing,
'i $ Tyu `.F and other basic operating expenses. °y..
LEVERAGE is that which the municipality or non-profit organization i brings to the P y P
�fi�`�r: ry.• 4 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.
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EXHIBIT �l.tS 'Jr''li.n
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?' MONTHLY PROGRESS REPORT
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Period Covered: To
r A. Project Information Date of Report:
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Person Preparing the Report: "
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Title: { z�,,•,�y.
Signature:
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Project Title and Number:
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Project Start-up Date: pll
Project Completion Date:
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Amended Completion Date:
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• B. 1 (a) Project Cost kI
Funds Y �
x Expended Percentage
to Date
F^�
Total Project
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Other Funding $
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(State Source)
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Source of Program Income:
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) Other Grant Awards
Date (s) :
Dollar Amount (s) -
funding Source (s) : }k luy q 'k5
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Funding Contact PerSOn (s) :
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vt B•2 (a) Reercent of P2"oject Comntu*
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` B.2 b( ) Anticipated Changes in Staffing rel}„;il,
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1. office Hours:
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3 . Part-time or Full-time Em lovee s
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' C. 1. Brief Project Descripion & PrO ect Location
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2. Describe Specific Work Tasks and Oualified " +
Accomplishments Completed this Month k' , d
Task
t a* a
Qualified
Accomplishments ,
a This Month
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Success or Problems
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Describe
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ms Or _ Please
sift q !Flea • u r n _ needed • �ecjuested
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ment staff
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• EXHIBIT
(continued)
BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION
MONTHLY PROGRESS REPORT
t+ �- Program Objective
t v�,
Measurable Start-Up Completion
rk �z
Specific Task Date Pro a Progress
Objective Quantified Projected Monthly Year to Supporting
Yearly Total Progress+ 9 Date Documentation
Preparation of Prepare and complete h
P Nov. 01, 1996 ,
"h jYz�r Bid Specifications specifications of Bid. Feb. 28, 1997
w (+3 a
fNt S1 "A i
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Advertising of A. Place advertisement Mar. 01, 1997
Bids in newspaper. Mar. 30, 1997 � ?
� th
B. Send out Bid to SDBE
contractors. A
it
3. Award of Bid
Approval of Contractor b
Y Apr. 22, 1997 x`
City Commission
Apr. '
P , 1997
6• Construction and A. Hold preconstruction
May01, 1997
Installation
meeting. Oct. 31, 1997 ri,4
B. Mobilize equipment
C. Begin construction.
K2 + 4f`l D. Complete construction.
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