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RESOLUTION NO. 202-99
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE 25TH YEAR FUNDING AGREEMENT
BETWEEN BROWARD COUNTY AND THE CITY OF DANIA
BEACH FOR THE SOUTHWEST NEIGHBORHOOD
BEAUTIFICATION- PHASE IV PROJECT IN THE AMOUNT OF
$80,671.00, UNDER THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM; 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ARE REPEALED TO THE EXTENT OF SUCH CONFLICT;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 BEACH,
FLORIDA:
Section 1. That that certain 251" Year Funding Agreement between Broward County and
the City of Dania Beach for the Southwest Beautification Phase IV Project in the amount of
$80,571.00, under the Community Development Block Grant Programs, in substantial form as
Exhibit"A", attached, 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hereby repealed to the extent of such conflict.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 ADOPTED77A_'z
TEMBER, 1999.
F - COMMISSIONER
ATTEST: ROLL CALL:
MAYOR BERTINO -YES
VICE-MAYOR MCELYEA-YES
SH RYL 0 APMAN COMMISSIONER ETLING -YES
ACTING CITY CLERK COMMISSIONER CALI - YES
COMMISSIONER MIKES-YES
APPROVED AS TO FO AND CORRECTNESS:
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BY:
THOM SJ. ANS 0
CITY ATTORNEY
RESOLUTION NO. 202-99
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BROIN,ARD COUNTY
AGREEMENT
Between
BROWARD COUNTY
and
City of Dania Beach
for
S W Neighborhood Beautification Phase IV
IN THE AMOUNT OF $ 0 5
PROVIDING FOR FUNDING AND ADMINISTRATION OF
('OMMUNITY DEVELOPMENT BLOCK K QRANT PROGRAMS
EXHIBIT "A"
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INDEX
ARTICLE PAGE
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XV ALL PRIOR AGREEMENTS SUPERSEDED 17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
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INDEX
EXHIBITS
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
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AGREEMENT
Between
BROWARD COUNTY
and
The City of Dania Beach
for
SW Neighborhood Beautification • Phase IV
IN THE AMOUNT OF$ 80,571.
PROVIDING FOR FUNDING AND ADMINISTRATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS
This is an Agreement between: BROWARD COUNTY, a political subdivision of the `\
State of Florida, its successors and assigns, hereinafter referred to as"COUNTY,"through
its Board of County Commissioners,
AND
City of Dania Beach , 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 I
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.
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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 I, 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.
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.
1.7 DIVISION: means the Community Development Division of Broward County.
1.8 GRANTEE: means Broward County, Florida, as Grantee of the Broward County
Community Development Block Grant Program.
1.9 H.U.D.: means the United States Department of Housing and Urban Development.
1.10 PROJECT: 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 CircularA-87,"Cost Principles for State and Local
Governments`; OMB Circular A-128, "Audits of State and Local Governments"
1.12 SUBGRANTEE: means City of Dania Beach,a municipality as subgrantee forthe
Project 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 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 forcommunity 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:
(a) Activities benefitting 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 mannerwhichwill affirmatively further fair
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housing. COUNTY will fund only those SUBGRANTEES who have taken steps to
promote fair housing.
2.5 COUNTY is desirous of disbursing the funds to SUBGRANTEE. However, as
administrator for the Program, COUNTY desires to obtain the assurances from
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
SUBGRANTEE agrees to provide and implement the following eligible Project:
SW Neighborhood Beautification -Phase IV
This project was submitted and approved in the 25th year process. Such Project is more
specifically described and set forth in Exhibit "A" attached hereto and by this reference
made a part hereof.
ARTICLE IV
FUNDING AND METHOD OF PAYMENT
4.1 The maximum amount payable by COUNTY underthis Agreement shall be Eighty-
Thousand Five hundred Seventh-0ne Dollars($ 80,571. ).
4.2 COUNTY agrees to reimburse SUBGRANTEE forthe Project expenses incurred as
provided for in Exhibit 'B" attached hereto, provided a suspension of payment as
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provided for in Article XIII of this Agreement has not occurred,and provided further
that SUBGRANTEE complies with the procedures for invoices and payments asset
forth in Article VI of this Agreement.
4.3 COUNTY shall paySUBGRANTEE as specific consideration forthe 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 complywith 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
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 priorto
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.
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ARTICLE 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 submitto COUNTYa 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
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
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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
31 , 2000. 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 thatthese Assurances shall survive the expiration orearlier
termination of this Agreement.
7.2 SUBGRANTEE agrees to comply with the provisions of Section 202, Executive
Order 11246,and with the guidelines forapplicants on equal opportunity obligations
for CDBG Funds in regard to construction contracts.
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
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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 fora 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
assure that replacement housing will be available in the same range of choices with
respect to such housing to all displaced persons regardless of race,color, religion,
or national origin pursuant to the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended.
7.11 SUBGRANTEE agrees to comply with the requirements and standards of OMB
CircularA-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 forall
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.
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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 benefitting 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.
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(g) Proceeds from the sale of real property purchased in whole or in part with
CDBG Funds shall be handled in accordance with 24 CFR 85.31 pertaining
to property management.
(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 y
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 S UBGRANTEE'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:
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(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 40
employee of Congress, or an employee of a member of Congress in
connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan or
cooperative agreement.
(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.
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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
CircularA-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.
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(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 underthe SUBGRANTEE'S control that was acquired orimproved
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 ordamages sustained by any person orpersons, 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
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extent considered necessary by COUNTY,any sums due SUBGRANTEE underthis
Agreement may be retained by COUNTY until all of COUNTY's claims for
indemnification pursuant to this Agreement have been settled orotherwise 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
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 outputmeasur: :
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.
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ARTICLE XI
TERM OF AGREEMENT
11.1 This Agreement shall commence on the day provided by the Division Director in the
written Notice to Proceed for the Project to the SUBGRANTEE and shall terminate
on October 31, 2000.
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 XII
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,
return receipt requested,or in person,with proof of delivery. COUNTY shall be the
final authority as to the availability of funds.
12.2 If,through any cause,SUBGRANTEE fails to commence work on the Project,as set
forth in Exhibit "C," within three (3) months from the date of execution of this
Agreement, or fails to fulfill in timely and proper manner its obligations under this
Agreement,or if SUBGRANTEE shall violate any of the covenants, agreements,or
stipulations of this Agreement COUNTY,at the discretion of and through the Coi.inty
Administrator, shall thereupon have the right to terminate this Agreement or
suspend payment in whole or part by giving written notice to SUBGRANTEE': of '.ch
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.
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12.4 Notwithstanding the above, SUBGRANTEE shall not be relieved of liability to
COUNTY for damages sustained by COUNTY by virtue of any breach of this
Agreement by 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.
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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,
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 `e\
any prior representations or agreements whether oral or written.
ARTICLE XVI
NOTICES
Whenever either party desires to give notice unto the other, such notice must be in
writing, sent by certified United States mail, return receipt requested, addressed to the
party for whom it 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:
FORS Ty.
Director
Broward County Community Development Division
201 South Andrews Avenue, Second Floor
Fort Lauderdale, Florida 33301
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FOR SUBGRANTEE:
Honorable John Bertino, Mayor
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, FL 33004
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.
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ARTICLE XVIII
REPORTS PLANS AND OTHER AGREEMENTS
All reports, plans, surveys, information, documents, maps and other data
procedures developed, prepared, assembled or completed by SUBGRANTEE for the
purposes of this Agreement shall become the property of COUNTY without restriction,
reservation or limitation of their use and shall be made available by SUBGRANTEE at any
time upon request by COUNTY or Division. Upon completion of all work contemplated
under this Agreement, copies of all of the above data shall be delivered to the Division
Director upon his/her written request.
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 mannerordegree 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.
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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.
ARTICLE XXIII
SEVERABILITY
If this Agreement contains any unlawful provisions not an essential part of this .�
Agreement and which shall not appear to have a controlling or material inducement to the
making thereof, such provisions shall be deemed of no effect and shall, upon notice by
either party, be deemed stricken from this Agreement without affecting the binding force
of the remainder of the Agreement.
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.
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IN WITNESS WHEREOF,the parties have made and executed this Agreement on
the respective dates under each signature: BROWARD COUNTY through the BROWARD
COUNTY ADMINISTRATOR, authorized to execute same by resolution of the Board of
County Commissioners,and City of Dania Beach,signing by and through its Mayor,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
EDWARD A.DION, 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 Assistant County Attorney
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AGREEMENT BETWEEN BROWARD COUNTY AND City of Dania Beach FOR
SW Neighborhood Beautification - Phase IV IN THE AMOUNT OF$ 80,571.
PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAMS
SUBG EE
W NE S:
y
BERTI OR
Y
ATTES Title MICR EL S ITH CITY MANAGER
7SHERYL HAPMAN
ACTING CITY CLERK Zyof�' 19�.
APPROVED AS TO R & CORRECTNESS:
by:
THOMA9 AN R , TY ATTORNEY
STATE OF FLORIDA ) `~
SS.
COUNTY OF BROPIARD )
T e ore going instrument was acknowledged before me this day of
19 by JOHN BERTINO _____________, as
MAYOR Of CITX OF DANIA RRAru a 2vemmental
agency, on behalf of the agency. for she.is—persorraly nown—to—mb or has
produced as identification and who did take an oath.
Notary Public, State Oj FI da
print or type name
Commission No.:
My commission expires:
CHARLENE KAYE JOHNSON
Notary Public,State of Florida
MY comm.ezp.August 12,20M
CAF#21.tem Comm.No.CC842159
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EXHIBIT "A"
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.
The installation of pavers and sodding and replacement of and installation of new
sidewalk in the area bounded by the Sheridan St. to the south, Stirling Rd. to the
north, the FEC Railroad line to the east and Ely Blvd to the west. The planting of
trees where needed. Tree planting is anticipated to be in area bounded by SW 3'd
St. to the north and SW 10`h St to the south, between Phippen-Waiters Rd. and Ely
Blvd. Approximately 500 linear feet of sidewalk are due to be replaced.
The methodology will be consistent with that used in past projects. An engineering
consultant will be hired to design and oversee the construction of the project. An
outside contractor will then be hired to perform the work. City departments such as
administration, public works/utilities and the growth management department will
work together with the consultant to administrate the project.
EX.A
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EXHIBIT "B"
COSTS/BUDGET 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). g
(Non-CDBG Resources)
Category (1) CDBG (2) (3)
(4)TOTAL
A. Personnel $9,216 $9,216
B. Fringe Benefits $3,686 $3,686
C. Travel
D. Equipment
E. Supplies $200 $200 ~
F. Contractual $10,571 $10,571
G. Construction $70,000 $73,000 $143,000
H. Other
I. Totals $80,571 $86,102
$166,673
EX.B
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BUDGET NARRATIVE
INSTRUCTIONS:
The budget narrative must be attached to this Exhibit. The budget narrative statement
should provide a detailed justification for each cost category shown on this Exhibit. The
budget narrative should identify non-CDBG resources to be utilized in financing the project.
Also, specify the costs for which funding is being requested and the costs to be covered
by non-CDBG resources.
CDBG: Construction (sidewalk repair and removal; mobilization; maintenance of traffic;
payment and performance bond; paver installation; tree planting) $70,000
CONTRACTUAL (engineering consultants) $10,571
CITY OF DANIA BEACH (cash) $73,000
(in-kind) $13,102
PROJECT TOTAL $166,673
EX.B
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EXHIOIT"B"
(Continued)
Allowable Cost for HUD Share of Budge
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.
(0) Contribution and donations. \
(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 principies provide-d iI e
costs are allowable and reasonable. General comments on individual cost elements are
listed below:
Safary 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 Benefi 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.
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EXHIBIT "B"
(Continued)
Trivel 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.
EE uioment costs should be based on the feast 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.A37
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EXHIBIT gfcyf
TIMETABLE/SCHEDULE FOR PROJECT
TIMETABLE
WORK TASKS START-UP COMPLETION
Preparation of Bid Specifications November 1, 1999 January 31, 2000
Advertising Bids
Pre-Bid Conference February 1, 2000 February 29, 2000
Award of Bids
Pre-construction Conference March 1, 2000 March 31, 2000
Construction and Installation
April 1, 2000 September 1, 2000
September 15, 2000
Punch List Items September 2, 2000
Finalize Work September 16, 2000 October 26, 2000
Letter of Substantial Completion October 27, 2000 October 31, 2000
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EXHIBIT"On
MONTHLY PROGRESS REPORT
Period Covered: to
A. Project Information Date of Report:
Agency:
Person Preparing the Report:
Title:
Signature:
Project Title and uumcer:
Project Start-up Date:
Project Completion Cate: `
Amended Ccmcleticn Date:
B.1(a) Proiect Cos:
Funds Expended
To Date Percentage
Total Projec: $ S %
COBG Funding S $ %
Funding S S %
(Specify Source)
B.1(b) Declaration of Agency Budget Changes
Program Income:
Source of Program Income:
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B.1(c) Other rant_Awards
Date(s): Dollar Amcunt(s):
Funding Source(s):
Funding Contract Person(s):
B.1(d) Describe attempts to secure additional funding:
8.2(a) Percent of Proiec' 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 Proiect Description and Project Location:
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C.2, De-scribe specific work tasks and pual'fied accomplishments camoleted
this month:
Qualified
Accomplishments
Task This Month
C.3. Describe success or problems encountered with the orciect:
C.4. Anticipated oroblems or concerns with project. Please 'cenilP/ 'ec^nical
assismnca needed and/cr requested from C.:mmLritj reveicCment staff.
C.S. Anticipated advertisements and/or other contractual services_ If so, has
Communih/ 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.
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EXHIBIT_"f)"
MG-fonf hied) �
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DIRECT BENEFIT REPORT FORM
Total Number
(Specify below) 'Percent of Total Number of Households or Persons Assisted
Low and Low White-Not Black-Not American Asian or Female
Households Persons Moderate Income Hispanic I lispanfc Indian or Hispanic Paclflc Headed
Income Origin Origin Alaskan Islander Household
Native
'NOTE: Kindly reflect percentage based on total number of household-s or persons assisted.
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EXHIBIT"D"
(Continued)
City of Dania's SW Neighborhood Beautification Phase IV
BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION
MONTHLY PROGRESS REPORT
WORK TASKS
(This exhibit must list the work tasks as described in Exhibit C)
Projected Monthly Progress Supporting
WORK TASKS Yearly Total/ Progress Year-To- Documentation
Performance Date
Finalize Plans 1 Copy of Plans & Construction
Documents
Advertise for Bids 1 Copy of Advertisement
Evaluate Bids 1 Copy of Bid Tabulation
Award Bid I Notice of Award
Execute Contract l Executed Contract
Notice to Proceed I Copy of Notice to Proceed
Commence Construction 1 Monthly Reports;Punch List Items
Finalize Construction 1 Copy of Letter of Substantial Completion
Close of Project 1 Release of Lairs,Final Pay Request
EX.D
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