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HomeMy WebLinkAboutR-1998-156 - RESOLUTION NO. 156-98 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE 24" YEAR FUNDING AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA FOR NORTHWEST IMPROVEMENTS IN THE AMOUNT OF $142,460.00; PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That certain 24' Year Funding Agreement between Broward County and the City of Dania for Northwest Improvements in the amount of$142,460.00, under the Community Development Block Grant Programs, which agreement is attached and made a part of this resolution as Exhibit"A", is approved and the appropriate city officials are directed to execute same. Section 2. . That all resolutions or parts of resolutions in conflict with this resolution are hereby repealed to the extent of such conflict. Section 3. . That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 131" DAY OF OCTOBER, 1998. t:.lL MAYOR—COMMISSIONER ROLL CALL: MAYOR CALI - YES CITY CLERK UDITOR VICE-MAYOR ETLING - YES COMMISSIONER BERTINO—YES COMMISSIONER MIKES - YES APPROVED AS TO FORM AND CORRECTNESS: I In By: 1 . VVV"` T HOMASJ. ANSBRO CITY ATTORNEY RESOLUTION NO. 166-98 I 'For Governmental Entities �7 p ,!Ip!Q]�:y:F�S R^L�."i in�.�tG v.a7' �n.+� KI.v.. us •tic^ ,i7 ]YV jiOiV ldit{. raldi19: 3� AiiP& dE9u ;.`n.. d�p t i i i Si ar im��,i kk�iai Sa REN m ° Ei33! se a 7ti Ei "t�i e. EsE91 BROWARD COUNTY AGREEMENT Between BROWARD COUNTY and City of Dania for Northwest Improvements IN THE AMOUNT OF $ 142.460. PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS • � INDEX ARTICLEPAGE I I I DEFINITIONS AND IDENTIFICATIONS 1 .. II PREAMBLE 3 III PROJECT 4 IV FUNDING AND METHOD OF PAYMENT 4 V IMPLEMENTATION AND TIMETABLE 5 VI PROCEDURES FOR INVOICING AND PAYMENT 6 VII ASSURANCES 7 VIII FINANCIAL RESPONSIBILITY 12 IX INDEMNIFICATION AND INSURANCE 13 X EVALUATION AND MONITORING 14 XI TERM OF AGREEMENT 15 XII TERMINATION; DISQUALIFICATION 15 XIII SUSPENSION OF PAYMENTS 16 XIV INDEPENDENT CONTRACTOR 17 XV ALL PRIOR AGREEMENTS SUPERSEDED 17 XVI NOTICES 17 XVII AMENDMENTS; ASSIGNMENTS 18 XVIII REPORTS, PLANS AND OTHER AGREEMENTS 19 XIX CONFLICT OF INTEREST 19 XX EXECUTION 19 XXI CONSENT TO JURISDICTION 20 XXII GOVERNING LAW 20 XXIII SEVERABILITY 20 XXIV LEGAL PROVISIONS DEEMED INCLUDED 20 CAF#21.tem Rev. 08/31/98 _. EXHIBITa EXHIBIT "A" Project Description EXHIBIT 'B" Costs/Budget for Project EXHIBIT "B" (Continued) Allowable Cost for H.U.D. Share of Budget EXHIBIT"C" Timetable/Schedule for Project EXHIBIT "D" Monthly Progress Report EXHIBIT "D" (Continued C.6) Direct Benefit Report Form EXHIBIT "D" (Continued) Monthly Progress Report I CAF#21.tem Rev. 08/31/98 -ii- 1 AGREEMENT Between BROWARD COUNTY and Cily of Dania for Northwest Improvements IN THE AMOUNT OF $ 142,460. PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS COUNTY, a political subdivision of the This is an Agreement between: BROWARD State of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of County Commissioners, AND City of Dania , its successors and assigns, hereinafter referred to as "SUBGRANTEE." W I T N E S S E T H, that, for and in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, COUNTY and SUBGRANTEE agree as follows: ARTICLE DEFINITIONS AND IDENTIFICATIONS For the purposes of this Agreement and the various covenants, conditions, terms and provisions which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are assumed to be true and correct and are agreed upon by the parties. CAF#21.tem Rev. 08/31/98 -t- J 1.1 ASSURANCES: means those assurances made by SUBGRANTEE to COUNTY as specifically set forth in this Agreement. 1.2 BROWARD COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM or PROGRAM means the Community Development Program applied for by Broward County and awarded by the United States Department of Housing and Urban Development as authorized pursuant to Title 1, Housing and Community Develop- ment Act of 1974, Public Law 93-383, as amended. 1.3 CDBG Funds: means the Community Development Block Grant Funds; the monies given to SUBGRANTEE pursuant to the terms of this Agreement. 1.4 COMMITTEE: means the Committee for Community Development created pursuant to Broward County Ordinance No. 84-3. 1.5 COUNTY: means Broward County, Florida, a political subdivision of the State of Florida. i 1.6 DAVIS-BACON: means the prevailing wage rate as determined by the Secretary of Labor to be paid laborers and mechanics working on projects of Two Thousand Dollars ($2,000.00) or more. i 1.7 DIVISION: means the Community Development Division of Broward County. 1.8 GRANTEE: means Broward County, Florida, as Grantee of the Broward County j Community Development Block Grant Program. 1.9 H.U.D.: means the United States Department of Housing and Urban Development. 1.10 PROJECT: means the project or projects set forth in Article III hereof, and Exhibit "A" entitled Project Description. 1.11 RULES AND REGULATIONS OF H.U.D.: means 24 CFR 570, "Community Development Block Grant Regulations'; 24 CFR 85, "Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal Government; OMB Circular A-87, "Cost Principles for State and Local Governments"; OMB Circular A-128, "Audits of State and Local Governments." 1.12 SUBGRANTEE: means Ciiy of Dania , a municipality as subgrantee for the Project included in the Broward County Community Development Block Grant Program. CAF#21.tem Rev. 08/31/98 -2- ARTICLE II PREAMBLE In order to establish the background, context and frame of reference for this Agreement and to generally express the objectives and intentions of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 2.1 Title I of the Housing and Community Development Act of 1974, P.L. 93-383, consolidated several existing categorical programs for community development into a single program of Community Development Block Grants ("CDBG") for the purpose of allowing local discretion as to the determination of needs and priorities for a community development program. The needs and priorities of community development in Broward County were determined by the Committee and the municipalities and unincorporated communities participating in the Broward County Community Development Block Grant Program. 2.2 Pursuant to 24 CFR 570.200(a) and 570.301 of the Rules and Regulations of H.U.D., the Project 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 would address one or more of the following three national objectives: I (a) Activities benefiting low and moderate-income persons. (b) Activities which aid in the prevention or elimination of slums or blight; (c) Activities designed to meet community development needs having a particular urgency. 2.3 Under the Rules and Regulations of H.U.D., COUNTY is administrator for the Program and COUNTY is mandated to comply with various statutes, rules and regulations of the United States and the Rules and Regulations of H.U.D., as to the allocation and expenditure of funds as well as protecting the interests of certain classes of individuals who reside in Broward County, Florida. 2.4 COUNTY is mandated by H.U.D. to conduct all programs and activities relating to housing and community development in a manner which will affirmatively further fair CAF#21.tem Rev. 08/31/98 _3_ housing. COUNTY will fund only those SUBGRANTEES who have taken steps to promote fair housing. I 2.5 COUNTY is desirous of disbursing the funds to SUBGRANTEE. However, as administrator for the Program, COUNTY desires to obtain the assurances from SUBGRANTEE, and SUBGRANTEE so assures COUNTY, that SUBGRANTEE will comply with the statutes, rules and regulations of the United States, the Rules and Regulations of H.U.D., the State of Florida, and applicable codes and regulations of COUNTY relating to the Project and the Program, as a condition precedent to the release of such funds to SUBGRANTEE. 2.6 Any SUBGRANTEE found to be taking actions designed to discourage affordable housing for sale or rent within the confines of Broward COUNTY is not eligible to receive CDBG Funds. 2.7 This Agreement is subject to the availability of funds as more specifically described in Article IV and Article XII hereof. ARTICLE III PROJECT i SUBGRANTEE agrees to provide and implement the following eligible Project: Northwest Improvements This project was submitted and approved in the 24th year process. Such Project is more specifically descrbed and set forth in Exhibit "A" attached hereto and by this reference made a part hereof. ARTICLE IV FUNDING AND METHOD OF PAYMENT 4.1 The maximum amount payable by COUNTY under this Agreement shall be One Hundred Forty Two Thousand Four Hundred Sixty Dollars ($ 142.460. ). 4.2 COUNTY agrees to reimburse SUBGRANTEE for the Project expenses incurred as provided for in Exhibit "B" attached hereto, provided a suspension of payment as CAF#21.tem Rev. 08/31/98 -4 provided for in Article XIII of this Agreement has not occurred, and provided further that SUBGRANTEE complies with the procedures for invoices and payments as set forth in Article VI of this Agreement. 4.3 COUNTY shall pay SUBGRANTEE as specific consideration for the indemnification of Article IX, the sum of ONE DOLLAR ($1.00) in cash, the receipt of which is hereby acknowledged by SUBGRANTEE. ARTICLE V IMPLEMENTATION AND TIMETABLE 5.1 SUBGRANTEE agrees to implement Project and comply with the timetable set forth in Exhibit "C," attached hereto and made a part of this Agreement. Failure to maintain the implementation schedule within sixty (60) days of the checkpoints 1 identified in the timetable shall warrant a full review by Division staff. Such referral shall be the first step toward possible reprogramming of funds. Failure to maintain the implementation schedule within ninety (90) days of checkpoints shall be cause for an attendant recommendation from the Division that all uncommitted and unexpended funds be transferred to the contingency account or be reprogrammed, consistent with the Housing and Community Development Act of 1974, as amended. 5.2 All specifications and plans prepared or to be used for the Project shall be certified and approved by SUBGRANTEE and submitted to the Division for approval prior to I, advertisement or implementation as applicable. 5.3 No construction work may be undertaken without written authorization from the Division prior to issuance of a formal Notice to Proceed to SUBGRANTEE. 5.4 All change orders must receive prior approval from the Division. 5.5 At the completion of each Project, "as-built" drawings, when necessary, shall be submitted to the Division for approval prior to final payment. 5.6 The Division may issue a Stop Order to SUBGRANTEE which will halt all work on the Project in the event that the work is not being done according to specifications or when, in the Division Director's judgment, SUBGRANTEE or its contractor have violated federal guidelines and regulations, the Assurances contained in Article VII, or the provisions of this Agreement. CAF#21.tem f Rev. 08/31/98 I iARTICLE VI PROCEDURES FOR INVOICING AND PAYMENT 6.1 SUBGRANTEE, shall invoice COUNTY monthly on the following basis: (a) SUBGRANTEE shall provide COUNTY with an executed original of any contracts or subcontracts authorizing the work to be done on the Project. (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 services for which it is invoicing. (d) If SUBGRANTEE has awarded a contract to an independent contractor to perform Project 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. (e) SUBGRANTEE administrator or his authorized representative shall certify that the work that is being invoiced has been completed. (f) In addition, SUBGRANTEE shall provide COUNTY with monthly progress reports as provided in Exhibit "D," attached hereto and made a part of this Agreement. 6.2 Upon receiving the invoices, reports and other materials as described by Section j 6.1, the Division shall audit such bid awards, contracts, reports and invoices to determine whether the items invoiced have been completed and that the invoiced items are proper for payment. 6.3 Upon determination by the Division that the services or material invoiced have been received or completed, the Division shall authorize the Broward County Finance and Administrative Services Department to make payment to SUBGRANTEE the amount it determines, pursuant to the audit, to be payable. Payment for travel expenses, if any, 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 6.1, shall not be honored if received later than sixty (60) days after CAF#21.tem Rev. 08/31/98 J expiration or termination of this Agreement, except invoices for impact fees which will be honored up to twelve (12) months after expiration or termination of this Agreement. 6.5 SUBGRANTEE agrees to notify the Division at least forty-eight (48) hours in advance of the date that work on the Project will be initiated in order that on-site inspections may be conducted by COUNTY. 6.6 SUBGRANTEE agrees to expend the funds allocated to the Project by October 29, 4999_. All funds not expended within the term of this Agreement shall remain in the custody and control of COUNTY. ARTICLE VII ASSURANCES 7.1 SUBGRANTEE agrees that these Assurances shall survive the expiration or earlier termination of this Agreement. 7.2 SUBGRANTEE agrees to comply with the provisions of Section 202, Executive Order 11246, and with the guidelines for applicants on equal opportunity obligations for CDBG Funds in regard to construction contracts. I 7.3 SUBGRANTEE agrees to submit to the Division at least two (2) weeks prior to the actual date, written notification of all prebid and construction contracts. 7.4 SUBGRANTEE agrees to comply with the provisions of 24 CFR Part 13-5 and Subtitle A, et al. (Section III Economic Opportunities for Low and Very Low Income Persons, Interim and Final Rules) 7.5 SUBGRANTEE agrees to comply with all applicable federal, state and county laws, ordinances, and codes and regulations. Any conflict or inconsistency between the above federal, state or county guidelines and regulations and this Agreement shall be resolved in favor of the more restrictive regulations. 7.6 SUBGRANTEE agrees to act in accordance with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which SUBGRANTEE receives federal financial assistance and will immediately take any measures necessary to effectuate this Agreement. If any real property or structure CAF#21.tem 1 Rev. 08/31/98 I thereon is provided or improved with the aid of federal financial assistance extended to SUBGRANTEE, this assurance shall obligate SUBGRANTEE or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. 7.7 SUBGRANTEE agrees, if applicable, to inform affected persons of the benefits, policies, and procedures provided for under H.U.D. regulations. 7.8 SUBGRANTEE agrees to establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. 7.9 SUBGRANTEE agrees further that it shall be bound by the standard terms and conditions used in the Grant Agreements and such other rules, regulations or requirements as H.U.D. may reasonably impose, in addition to the aforementioned assurances provided at, or subsequent to, the execution of this Agreement, by the parties hereto. 7.10 If applicable, SUBGRANTEE agrees to carry out the relocation process in such a manner as to provide displaced persons with uniform and consistent services, and r that replacement housing will be available in the same range of choices with assure p 9 respect to such housing to all displaced persons regardless of race, color, religion, or national origin pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 7.11 SUBGRANTEE agrees to comply with the requirements and standards of OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local, and Federally Recognized Indian Tribal Governments," and 24 CFR 85. 7.12 SUBGRANTEE agrees to incorporate COUNTY'S Small Disadvantaged Business Enterprises Affirmative Action Program requirements and H.U.D. regulations for all contracts of $10,000.00 or more awarded by SUBGRANTEE pursuant to this Agreement. 7.13 SUBGRANTEE agrees to incorporate COUNTY'S First Source Hiring Agreement Requirement within all contracts awarded by SUBGRANTEE pursuant to this Agreement. i CAF#21.tem J Rev. 08131/98 8 I I 1 7.14 SUBGRANTEE agrees to comply with the following requirements as they relate to acquisition, lease, sublease, and disposition of real property. (a) Before entering into a lease or sublease with a third party, SUBGRANTEE shall notify the Division of his/her intent to enter into a lease or sublease, provide a copy of the proposed lease or sublease and obtain the Division's consent. (b) Property acquired through a CDBG funded Project shall be used for the original approved purpose and SUBGRANTEE shall demonstrate significant material progress within eighteen (18) months of closing on such property. In the event such material progress is not evidenced nor commenced within said eighteen (18) months of closing, SUBGRANTEE hereby agrees to transfer ownership of the property acquired with CDBG Funds to COUNTY, if COUNTY so requests in writing. (c) All real property transferred to COUNTY'S ownership, as a result of the aforementioned deficiency, or lack of significant material progress, or real property returned as a result of expiration and subsequent termination of the original Funding Agreement, shall be used by COUNTY at its discretion for reallocation to other eligible CDBG activities. (d) Real property acquired utilizing CDBG Funds used for purpose of housing construction shall be deeded to home buyers at no cost unless other provisions are made part of a specified provision of this Agreement and approved by the Division. Any income realized as a result of the disposition of property by SUBGRANTEE shall be returned to COUNTY, unless otherwise provided for by written agreement. (e) Any regulations, policies, procedures, or requirements governing the acquisition, use and disposition of real property, including but not limited to the Uniform Relocation and Real Property Acquisition Policies Act, shall be followed and provisions of said regulations, policies, procedures and requirements shall be met. (f) The income of persons benefiting from acquisition of real property used for housing shall not exceed H.U.D. Section 8 guidelines unless written authorization is given by the Division. CAF#21.tem Rev. 08/31/98 -9- property (g) Proceeds from the sale of realpurchased in whole or in part 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. 7.15 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 by the Director of the Community Development Division and consistent with 24 CFR 85 after the SUBGRANTEE has requested disposition instructions. 7.16 In instances where there is construction work of over$2,000.00 financed in whole or part with CDBG Funds under this Agreement, SUBGRANTEE agrees to adhere to the Davis-Bacon Act, 40 U.S.C. 276a-276a-5, as amended, which requires all laborers and mechanics working on the Project be paid not less than prevailing wage rates as determined by the Secretary of Labor. 7.17 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. 7.18 SUBGRANTEE agrees that CDBG Funds shall not be used for religious activities or provided to primarily religious entities for any activities, including secular activities. 7.19 SUBGRANTEE 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. 7.20 Subgrantee agrees that applicants for rehabilitation assistance, tenants in housing being rehabilitated and purchasers of HUD-associated housing will be provided with information concerning the dangers of Lead-Base Paint. 7.21 Subgrantee agrees that: CAF#21.tem Rev. 08/31/98 -10- (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or I cooperative agreement. M1 (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 7.22 SUBGRANTEE 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 employment, housing, public accommodations, education and transportation. 7.23 In accordance with Section 519 of Public Law 101-144, (the HUD Appropriations Act), Subgrantee certifies that it has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. 7.24 SUBGRANTEE shall comply with Title I and Title II of the ADA 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 by Broward County. CAF#21.tem Rev. 08/31/98 -11- ARTICLE VIII FINANCIAL RESPONSIBILITY 8.1 SUBGRANTEE gives COUNTY, H.U.D., and the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents relating to the Project. 8.2 SUBGRANTEE agrees to comply with the requirements and standards of OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local, and Federally Recognized Indian Tribal Governments" and 24 CFR 85. 8.3 SUBGRANTEE agrees that if it has caused any funds to be expended in violation of this Agreement, it shall be responsible to refund such monies in full to COUNTY from nonfederal resources, or if this Agreement is still in force, any subsequent request for payment shall be withheld by COUNTY. 8.4 SUBGRANTEE agrees to comply with the audit requirements of OMB Circular A- 133, entitled "Audits of State and Local Governments and Non-Profit Organizations." The audit shall cover the entire operations of the local government or, at the option of that government, may cover only the department or agency that received, expended, or otherwise administered the federal funds. Such audit must be filed with COUNTY within one hundred eighty (180) days after the close of the fiscal year of the governmental entity. All grant funds from COUNTY should be shown via explicit disclosure in the annual financial statements or the accompanying notes to the financial statements. 8.5 SUBGRANTEE agrees and understands that all funding authorized through the CDBG program shall be used only for eligible activities specifically outlined in this Agreement. In the event any of such funds are used for ineligible activities, such inappropriately used funds shall be repaid to COUNTY by SUBGRANTEE, and COUNTY, in its sole discretion, may reallocate the funds to other eligible CDBG projects. 8.6 Upon the prior written approval of the COUNTY, program income generated as a result of receipt of CDBG Funds shall be used in one of the following manners: (a) Added to funds committed to the Project by SUBGRANTEE and used proportionally to the original funding allocation to further eligible program objectives. CAF#21.tem t Rev. 08131/98 -12- (b) To finance the nonfederal share of the Project. (c) Only for eligible CDBG activities, (d) Returned to COUNTY upon written request of the Division. 8.7 SUBGRANTEE agrees to budget and expend all CDBG Funds in accordance with the Division's "Procedures Manual for Subrecipients." 8.8 SUBGRANTEE is required to and hereby agrees to account for program income related to Project financed in whole or part with CDBG Funds. 8.9 Any real property under the SUBGRANTEE'S control that was acquired or improved in whole or in part with CDBG Funds shall be: (a) Used to meet one of the National Objectives in 24 CFR 570.208 until five (5) years after expiration of this Agreement; and (b) Disposed of, if disposition occurs, in a manner that results in the COUNTY being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to the expenditure of non- CDBG Funds for acquisition of or improvement to the property. 8.10 SUBGRANTEE acknowledges that this is a federally assisted Project. Failure to complete the Project in accordance with this Agreement, whether voluntarily or otherwise, constitutes a material breach of this Agreement, and any funds expended by COUNTY pursuant to this Agreement for the Project shall be repaid in full to COUNTY from nonfederal resources. SUBGRANTEE agrees that this provision shall survive the expiration or earlier termination of this Agreement. ARTICLE IX INDEMNIFICATION AND INSURANCE 9.1 SUBGRANTEE, to the extent allowed by law, will at all times hereafter indemnify and hold harmless, COUNTY, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the performance of this Agreement. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the CAF#21.tem Rev. 08/31/98 -13- A j l extent considered necessary by COUNTY, any sums due SUBGRANTEE under this Agreement may be retained by COUNTY until all of COUNTY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by COUNTY. 9.2 COUNTY gives specific consideration to SUBGRANTEE for the foregoing indemnifications in Article IV of this Agreement. 9.3 SUBGRANTEE shall maintain for the term of this agreement, comprehensive general liability coverage in the minimum amount of Three Hundred Thousand Dollars($300,000)each occurrence combined single limit bodily injury and property damage. Such policy shall include coverage for SUBGRANTEE'S premises, operations and independent contractors. COUNTY shall be included as an additional insured in such policy. 9.4 SUBGRANTEE shall be in compliance with Florida Statute 440 (Workers Compensation Law). 9.5 Insurance required herein shall be evidenced by certificate of insurance which provides COUNTY with a thirty (30) day prior written notice of cancellation or non- renewal. ARTICLE X I EVALUATION AND MONITORING SUBGRANTEE agrees that the Division will carry out periodic monitoring and evaluation activities as determined necessary by the Division. The continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to Project(s)scheduling, budgets, in-kind contributions and output measures. Upon request SUBGRANTEE agrees to furnish to the Division Director, COUNTY or their designees, such records and information, including copies and/or transcriptions, as is determined necessary by the Division or COUNTY. SUBGRANTEE shall submit on a monthly and quarterly basis, and at other times upon the request of the Division Director, information and status reports required by Division, COUNTY or H.U.D. on forms approved by the Division Director. CAF#21.tem Rev. 08/31/98 -14- I 4 ARTICLE XI TERM OF AGREEMENT r in the 11.1 writtenlAgreement Notice to Proceedlfor the Projectto the SUBGRANTEE ay provided by the Division andshhall term nate on October 29, 1999 . 11.2 The County Administrator is authorized to extend the term of this Agreement and to amend the scope of the project without increasing the amount of this Agreement upon determining the availability of funds and that extension of the term and/or amendment of the scope is in the best interests of the COUNTY and consistent with the PROGRAM. ARTICLE II TERMINATION- DISQUALIFICATION 12.1 This Agreement is subject to the availability of funds. Should funds no longer be ! available, this Agreement shall terminate upon no less than twenty-four (24) hours notice in writing to SUBGRANTEE. Said notice shall be delivered by certified mail, person, with proof of delivery. COUNTY shall be the return receipt requested, or in final authority as to the availability of funds. 12.2 If, through any cause, SUBGRANTEE fails to commence work on the Project, as set forth in Exhibit "C," within three (3) months from the date of execution of this Agreement, or fails to fulfill in timely and proper manner its obligations under this Agreement, or if SUBGRANTEE shall violate any of the covenants, agreements, or stipulations of this Agreement COUNTY, at the discretion of and through the County Administrator, shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to SUBGRANTEE of such termination or suspension of payment and specifying the effective date thereof, at least five (5) days before the effective date of termination or suspension. If payments are withheld, the Division shall specify in writing the actions that must be taken by SUBGRANTEE as a condition precedent to resumption of payments and should specify a reasonable date for compliance. 12.3 In the event of termination, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, capital equipment and any other assets secured by SUBGRANTEE with CDBG Funds under this Agreement shall be returned to COUNTY. CAF#21.tem Rev. 08/31/98 -15- ow 1 12.4 Notwithstanding the above, SUBGRANTEE shall not be relieved of liability to COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement by SUBGRANTEE, and COUNTY may withhold any payments to SUBGRANTEE, for the purposes of setoff until such time as the exact amount of damages is determined. 12.5 In the best interests of the program and in order to better serve the people in the target areas and fulfill the purposes of the Act, either party may terminate this Agreement upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons for doing so. In the event COUNTY terminates the Agreement, COUNTY shall pay SUBGRANTEE for documented committed eligible costs. The County Administrator is authorized to terminate this Agreement on behalf of the COUNTY pursuant to this Section upon his or her determination that termination is in the best interests of the COUNTY and the PROGRAM. 12.6 All requests for amendments to this Agreement must be submitted in writing to the Director of the Community Development Division no less than ninety(90) days prior to the termination date of the Agreement. 12.7 If, in the opinion of the Division Director, SUBGRANTEE has violated the terms of this Agreement, the Division Director may bring the matter before the Committee for Community Development for consideration. In addition to those actions which may be 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 SUBGRANTEE from receiving CDBG Funding in the subsequent year. ARTICLE XIII SUSPENSION OF PAYMENTS 13.1 The parties hereby agree that the following events are sufficient cause for suspension of payments. Such events include but are not limited to: (a) Ineligible use of CDBG Funds; (b) Failure to comply with the work program or terms of this Agreement; (c) Failure to submit reports as required including a favorable audit report; and (d) Submittal of incorrect or incomplete reports in any material respect, CAF#21.tem Rev. 08/31/98 -16- I ARTICLE XIV INDEPENDENT CONTRACTOR SUBGRANTEE is an independent contractor under this Agreement. Services provided by SUBGRANTEE shall be performed by employees of SUBGRANTEE and subject to supervision by SUBGRANTEE, and shall not be deemed officers, employees, i 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 under this Agreement shall be those of SUBGRANTEE,which policies of SUBGRANTEE shall not conflict with COUNTY, H.U.D., or United States policies, rules or regulations relating to the use of CDBG Funds. ARTICLE XV ALL PRIOR AGREEMENTS SUPERSEDED This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. ARTICLE XVI I 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: FOR COUNTY: Director Broward County Community Development Division 201 South Andrews Avenue, Second Floor Fort Lauderdale, Florida 33301 CAF#21.tem Rev. 08131/98 17- I FOR SUBGRANTEE: Michael W. Smith, City Manager City of Dania 100 West Dania Beach Blvd Dania, Florida 33004 I ARTICLE XVII AMENDMENTS• ASSIGNMENTS 17.1 It is understood that COUNTY, as Grantee, is responsible to H.U.D. for the administration of CDBG Funds and may consider and act upon reprogramming recommendations as proposed by its SUBGRANTEES or the Division after appropriate referral to the Committee. In the event that COUNTY approves any modification, amendment, or alteration to the funding allocation, SUBGRANTEE shall be notified pursuant to Article XVI and such notification shall constitute an official amendment. 17.2 COUNTY may, in its discretion, amend this Agreement to conform with changes in federal, state, COUNTY and/or H.U.D. guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Board of County Commissioners. 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 of this Agreement and Exhibit"B" attached hereto. 17.4 Except for the provisions as set forth in Sections 17.1, 17.2 and 17.3, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity of this Agreement. 17.5 SUBGRANTEE shall not transfer or assign the performance of services called for in this Agreement without the prior written consent of COUNTY. CAF#21.tem j Rev. 08/31/98 -18- ARTICLE XVIII REP OM. PLANS AND OTHER AGREEMENTS All reports, plans, surveys, information; documents, maps and other data 1 procedures developed, prepared, assembled or completed by SUBGRANTEE for the purposes of this Agreement shall become the property of COUNTY without restriction, reservation or limitation of their use and shall be made available by SUBGRANTEE at any time upon request by COUNTY or Division. Upon completion of all work contemplated under this Agreement, copies of all of the above data shall be delivered to the Division Director upon his/her written request. ARTICLE XIX CONFLICT OF INTEREST SUBGRANTEE covenants that no person who presently exercises any functions or responsibilities in connection with the Project has any personal financial interest, direct or indirect, in the Project during this tenure or for one year thereafter as provided for in 24 CFR 570.611(b),which would conflict in any manner or degree with the performance of this Agreement, and that no person having any conflicting interest shall be employed or subcontracted. Any possible conflicting interest on the part of SUBGRANTEE or its employees shall be disclosed in writing to the Division. It shall not be deemed a conflict as long as all purchasing for consumables, capital equipment and services are obtained in conformance with Article VI. However, this Article 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 target area. ARTICLE XX EXECUTION This document shall be executed in four (4) counterparts, each of which shall be deemed to be an original. CAF#21.tem j Rev. 08/31/98 ARTICLE XXI CONSENT TO JURISDICTION SUBGRANTEE irrevocably submits to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of or relating to this Agreement, and hereby irrevocably agrees that all claims in respect to such action or proceeding may be heard and determined in such court. Each party further agrees that venue of any action to enforce this Agreement shall lie in Broward County. ARTICLE XXII GOVERNING LAW The parties agree this Agreement shall be construed in accordance with and governed by the laws of the state of Florida. I ARTICLE XXIII i SEVERABILITY If this Agreement contains any unlawful provisions not an essential. part of this Agreement and which shall not appear to have a controlling or material inducement to the making thereof, such provisions shall be deemed of no effect and shall, upon notice by either party, be deemed stricken from this Agreement without affecting the binding force of the remainder of the Agreement. ARTICLE XXIV LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. CAF#21.tem Rev. 08/31/98 -20- IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through the BROWARD COUNTY ADMINISTRATOR, authorized to execute same by resolution of the Board of County Commissioners, and City of Dania , signing by and through its City Manager, , duly authorized to execute same. COUNTY WITNESSES: BROWARD COUNTY, through the BROWARD COUNTY ADMINISTRATOR BY County Administrator _day of , 19_. Approved as to form by Office of County Attorney Broward County, Florida SHARON L. CRUZ, Interim County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Approved as to Insurance Telephone: (954) 357-7600 Requirements: Telecopier: (954) 357-7641 By: BY ' Risk Management Division County Attorney CAF#21.tem Rev. 08/31/98 J 1 AGREEMENT BETWEEN BROWARD COUNTY AND CityCity o�ania _-FOR Northwest ADMINISTRATION PROVIDING N OF COMMUNITY BLOCK GRANT PROGRAMS D SUB GRANTEE WITNESSES: Title Jim Cali, Mayor loth day of October ` 1g 98 AT r - — Mari APPR VE AS 'P F & CORRECTNESS: rMicher Thoma A br i y Attorney STATSS. COUNTY OF Broward ) The foregoing instrument was acknowledged before me this loth day of Jim Cali as 98 October 19 , by a ovemmental mayor__ - of C ' ' agency, on behalf of the agency. H or she is ersona y known tom • or has produced as i en ification and who di a e an oath. f Notary Public, State of FloridaCAAY-Lzt Sf►l�"/}Utm� f�A print or type name Commission No.: -L��605`�S My commission expires: CHARLENE r.SALTAIAmACCHIA Notary Puolic-state of Florida My Commission Wires Aug 12,2001 Commission n CC660575 CAF#21.tem Rev. 08/31/98 22 i l EXHIBIT "A" i i PROJECT DESCRIPTION This exhibit must provide a detailed description of the project to be funded by this Agreement The description must include a summary of what is to be done and the methodology for implementing the project. Legal descriptions must be attached to this exhibit, as applicable. Contractual services for design, preparation of specifications, and inspection of construction. Construction consists of installation of approximately 25,000 square feet of new sidewalk along NW 6 Avenue and installation of approximately 25,000 square feet of new sidewalk along NW 8 Avenue. l "U� EX.A � EXHIBIT "B„ COSTSIBUDGET FOR PROJECT INSTRUCTIONS: For each cost 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", Exhibit "B" (continued). (Non-CDBG Resources) Category (1) CDBG (2) (3) (4)TOTAL A. Personnel $3,996 $3,996 B. Fringe Benefits $1,599 $1,599 C. Travel D. Equipment E. supplies $ 100 $100 F. Contractual $21,360 $21,360 G. Construction $121,100 $121,100 H. Other I. Totals $142,460 $5,695 $148,155 EX.B i EXHIBIT "B" BUDGETIBUDGET NARRATIVE INSTRUCTIONS: For each cost 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", Exhibit "B" (continued). PROJECT COSTS Contractual: $21,360 Engineering fees for design, preparation of specifications, and inspection of construction. Construction: $121,100 . Installation of approximately 25,000 square feet of new sidewalk along nw 6th avenue . Installation of approximately 25,000 square feet of new sidewalk along 8th avenue . Total project area to be covered: approximately 50,000 square feet IN-KIND SERVICES A. Personnel Director of Public Works Utilities 100 Hours= $2,650 Assistant to the City Manager 80 Hours= $1,346 B. Fringe Benefits at 40% _ $1,599 C. Supplies: Copying, Paper, etc. _ $ 100 I y�, � Ir EXHIBIT "B" (Continued) Allowable Cost for H.U.D. Share of Budget For Governmental Entities, federal cost principles as described in OMB A-87. This document is an extensive and somewhat complicated series of principles governing the allowability of various types of costs under federal grants and contracts. General information concerning the cost principles is summarized below: The following types of costs are specifically unallowable: (A) Advertising costs other than those associated with recruitment of personnel and the solicitation of bids for goods and services. (B) Bad debts. (C) Contingencies. (D) Contribution and donations. 1 (E) Entertainment. (F) Fines and penalties. (G) Interest. (H) Losses on other grants or contracts. Most other categories of cost are generally allowable under the cost principles provided the costs are allowable and reasonable. General comments on individual cost elements are listed below: Salary costs are generally allowable provided they are based on actual current salaries adjusted for any anticipated cost-of-living or merit increases during the grant period. Salary costs for unidentified new employees must be consistent with the organization's overall employee compensation structure. The organizational compensation policy should not change as a result of obtaining a federal grant. Fringe Benefit costs such as pay for vacations, holidays, sick leave, employee insurance, and unemployment benefits are allowable to the extent required by law or established organizational policy. EXB.A87 EXHIBIT "B" (Continued) Travel costs consistent with established organizational policy are generally allowable. The difference between first class and coach air fare is specifically unallowable. In the absence of established organizational travel policy, it is a good practice to adopt policies consistent with the federal travel regulations. Equipment costs should be based on the least cost method of acquisition (rent, purchase, lease with option to buy) over the grant period as demonstrated by competitive bidding. Equipment costs are only allowable to the extent the equipment is directly necessary to accomplish the grant. The cost of equipment not fully utilized under the grant must be allocated to other organization costs to assure a fair share distribution. Whenever practical, used equipment should be considered in meeting equipment needs. Material cost directly associated with the project are allowable. Prices must generally be justified through competitive bids except for nominal purchases. Subcontracts must be awarded on a competitive basis except in extraordinary circumstances. The same principles applicable to individual cost principles for grantees are generally applicable cost-reimbursement type subcontracts under grants. Consultant agreements should include a certification by the consultant that the consultant rate is equal to or less than the lowest rate the consultant accepts for comparable work. Additionally the Congress has prohibited the salary component of consultant fees under H.U.D. Grants not to exceed the applicable approved rate schedule. 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. Consult with the Community Development Compliance Officer on applicability of the Davis-Bacon Wage determination to this project. Other costs include all types of direct costs not specified above. Normally, such costs include space, telephone, utilities, printing, and other basic operating expenses. Leverage is that which the municipality or non-profit organization brings to the project. It may be in the form of services or contributed operating expenses (in-kind contributions) or cash support from the organization itself or from other sources, EXB.A87 EXHIBIT "C" JIMETABLE/SCHEDULE FOR PROJECT WORK TASKS START-UP TIMETABLE COMPLETION Preparation of Bid Specifications November 2, 1998 January 31, 1999 Advertising of Bids February 1, 1999 February 28, 1999 Pre-Bid Conference Award of Bids March 1, 1999 March 31, 1999 . Pre-Construction Conference Construction and Installation April 1, 1999 September 30, 1999 Punch List Items October 1, 1999 October 14, 1999 Finalize Work October 15, 1999 October 28, 1999 Letter of Substantial Completion October 29, 1999 October 30, 1999 EX.0 I EXHIBIT"D" MONTHLY PROGRESS REPORT Period Covered: to A. Project Information Date of Report: Agency: Person Preparing the Report: 1 Title: Signature: i Project Title and Number: I Project Start-up Date: Project Completion Date: _ Amended Completion Date: j B.1(a) Project Cost Funds Expended To Date Percentage Total Project $ $ % CDBG Funding $ $ % Funding $ $ % (Specify Source) 13.1(b) Declaration of Agency Budget Changes Program Income: Source of Program Income: �W .. A i 1 B.1(c) Other Grant Awards Date(s): Dollar Amount(s): Funding Source(s): Funding Contract Person(s): B.1(d) Describe attempts to secure additional funding: B.2(a) Percent of Project completed to date: B.2(b) Anticipated Changes in Staffing: 1. Office Hours: 2. Resignations: 3. Part-time or Full-time Employee(s): CA ,Brief Project Description and Project Location: tow J MMA C. 2. Describe specific work tasks and qualified accomplishments completed this month: Qualified Accomplishments Task This Month C.3. Describe success or problems encountered with the project: C.4. Anticipated problems or concerns with project. Please identify technical assistance needed and/or requested from Community Development staff. C.S. Anticipated advertisements and/or other contractual services. If so, has Community Development staff been advised and appropriate steps taken to assure compliance? C.6. If applicable please complete the following Direct Benefit Report Form on all program participants. A EXHIBIT "D" (C.6 - Continued) DIRECT BENEFIT REPORT FORM Total Number (Specify below) *Percent of Total Number of Households or Persons Assisted Households Persons Low and Low White-Not Black-Not American Asian or Female Moderate Income Hispanic Hispanic Indian or Hispanic Pacific Headed Income Origin Origin Alaskan Islander Household Native I i *NOTE: Kindly reflect percentage based on total number of households or persons assisted. i EXHIBIT "D" (Continued) BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION MONTHLY PROGRESS REPORT WORK TASKS (This exhibit must list the work tasks as described in Exhibit C) Projected Progress Su ortin WORK TASKS Yearly Total/ Monthly Year-To- PP g Progress Documentation Performance Date 1. Preparation of Bid Specifications 100% 2. Advertising of Bids . Pre-Bid Conference 100% 3. Award of Bids . Pre- Construction Conference 100% 4. Construction and Installation 100% 5. Punch List Items 100% 6. Finalize Work 100% 7. Letter of Substantial Completion 100% EX.D I `.i? �:.r 4r.. ,�i� ,, 4 ' �� ,. . ; , 1 { I l yif1 .G. � Fry � ��f .. r ,•F. ���JI ...