HomeMy WebLinkAboutR-2012-079 - Executed the 36th Year Community Development Block Grant Agreement for $344,453. to provide Solar Powered Street Lighting RESOLUTION NO. 2012-079
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE THE 36TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT AGREEMENT BETWEEN THE CITY OF DANIA BEACH,
FLORIDA AND BROWARD COUNTY IN THE AMOUNT OF $344,453.00
TO PROVIDE SOLAR POWERED STREET LIGHTING; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Broward County has offered to award the City of Dania Beach grant
funding in the amount of $344,453.00 to provide solar street lighting through the Federal
Community Development Block Grant;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the proper City officials are authorized to execute the 361h Year
Community Development Block Grant Agreement between the City of Dania Beach, Florida and
Broward County in the amount of$344,453.00, which Agreement is incorporated into and made
a part of this Resolution by this reference and is attached as Exhibit"A".
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to the Agreement which are deemed necessary and proper and in the best interests of
the City.
Section 3. That the Administration is authorized to use this grant funding as
anticipated and outlined in a solar street lighting bid award which is related to this resolution.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on June 26, 2012.
ATTEST:
-J&vO,L�F � 1,
C
r LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
o�aRv's F��r
APPROVED S T FORM AND CORRECTNESS:
TH M S J. A S RO !�
CITY ATTORNEY
2 RESOLUTION#2012-079
i
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
I
PROVIDING FOR FUNDING AND ADMINISTRATION OF
36th YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS
i
for
SOLAR STREET LIGHTING PROJECT
IN THE AMOUNT OF $344,453
INDEX
ARTICLE PAGE
1 DEFINITIONS AND IDENTIFICATIONS...............................................................2
2 PREAMBLE.......................................................... ................3
................................
3 PROJECT..............................................................................................................5
4 FUNDING AND METHOD OF PAYMENT AND PROVISIONS
RELATING TO THE USE OF THE FUNDS..........................................................9
5 LIABILITY/INDEMNIFICATION........................................................................... 12
6 INSURANCE....................................................................................................... 12
7 ASSURANCES................................................................................................... 15
8 FINANCIAL RESPONSIBILITY................................................................19
9 TERM OF AGREEMENT............................................................. ...........20
10 TERMINATION...................................................................................................20
11 NOTICES............................................................................................................22
12 MISCELLANEOUS .............................................................................................22
EXHIBITS
EXHIBIT"A" PROJECT DESCRIPTION
EXHIBIT"B" BUDGET TABLE/COSTS FOR BUDGET
EXHIBIT"C" PROJECT SCHEDULE/TIMELINE TABLE
EXHIBIT"D" MONTHLY PROGRESS REPORT
EXHIBIT"E" REQUEST FOR PAYMENT
CDBG Gvt.Capital Improvements Form Agreement
AGREEMENT
Between
BROWARD COUNTY
And
CITY OF DANIA BEACH
PROVIDING FOR FUNDING
AND ADMINISTRATION OF
361" YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS
for
SOLAR STREET LIGHTING PROJECT
IN THE AMOUNT OF $344,453
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, a municipal corporation of the state of Florida, its
successors in interest, hereinafter referred to as "CITY."
WITNESSETH
WHEREAS, COUNTY is a recipient of Community Development Block Grant
("CDBG") funds from the United States Department of Housing and Urban Development
("H.U.D.") pursuant to 24 CFR 85; and
WHEREAS, on May 25, 2010, and May 01, 2012, the Board adopted Resolution
#2010-338 and Resolution # 2012-302 respectively, approving funding to CITY under
COUNTY's CDBG Program for CITY's Solar Street Lighting Project, under the terms
and conditions more specifically described herein; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms and conditions, promises, covenants
and payments hereinafter set forth, COUNTY and CITY agree as follows:
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CDBG Gvt.Capital Improvements Form Agreement
ARTICLE 1 - 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.
1.1 Assurances: means those assurances made by CITY to COUNTY as specifically
set forth in this Agreement.
1.2 Board: means the Board of County Commissioners of Broward County, Florida,
which is the governing body of the Broward County government created by the
Broward County Charter.
1.3 Broward County CDBG Program or Program: means the Community
Development Program applied for by Broward County and awarded by HUD as
authorized pursuant to Title I, Housing and Community Development Act of 1974,
Public Law 93-383, as amended.
1.4 CDBG Funds: means the Community Development Block Grant Funds; the
monies provided by COUNTY to CITY pursuant to the terms of this Agreement.
1.5 County Administrator: means the administrative head of COUNTY pursuant to
Sections 3.02 and 3.03 of the Broward County Charter.
1.6 County Attorney: means the chief legal counsel for COUNTY who directs and
supervises the Office of the County Attorney pursuant to Section 2.10 of the
Broward County Charter.
1.7 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.
1.8 Division: means the Housing Finance and Community Development Division of
Broward County and the Community Development Specialist and/or Division
Manager designated by the Division Director to administer this Agreement.
Unless provided for otherwise in this Agreement, in the administration of this
Agreement, as contrasted with matters of policy, all parties may rely on the
instructions or determinations made by the Community Development Specialist
and/or Division Manager designated by the Division Director.
1.9 H.U.D.: means the United States Department of Housing and Urban
Development.
1.10 Project: means the Project(s) set forth in Article 3 hereof, and Exhibit"A," Project
Description.
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CDBG Gvt Capital Improvements Form Agreement
1.11 Rules and Regulations of H.U.D.: means the rules and regulations of H.U.D.,
including but not limited to, 24 C.F.R. 570, "Community Development Block Grant
Regulations"; 24 C.F.R. 85, "Administrative Requirements for Grants and
Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal
Governments"; OMB CircularA-87 (now 2 C.F.R. 225), "Cost Principles for State,
Local and Indian Tribal Governments'; OMB Circular A-133, "Audits of States,
Local Governments and Non-Profit Organizations"; as amended from time to
time, and copies of which are incorporated herein by reference.
ARTICLE 2 -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 CDBGs 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 through consultation with representatives of the community
participating in the Broward County CDBG Program.
2.2 Pursuant to 24 C.F.R. 570.200(a) and 570.301 of the Rules and Regulations of
H.U.D., the Project was included in the Broward County CDBG Program
submission to H.U.D. It was determined that the proposals funded under this
Project will address one (1) or more of the following three (3) national objectives:
2.2.1 Activities benefiting a majority (at least 51%) of low and moderate-income
persons in primarily residential areas, including:
a) Area benefit activities (uniform emergency telephone numbers
system, payment of special assessments, qualifying activities in
areas that are either a Federally-designated Empowerment Zone or
Enterprise Community);
b) Limited clientele activities (at least 51%) of whom are low and
moderate income, abused children, battered spouses, elderly
persons, those "severely disabled," homeless, illiterate, persons
living with AIDS, and migrant and farm workers; activities that serve
to remove material or architectural barriers to the mobility or
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CDBG Gvt.Capital improvements Form Agreement
accessibility of elderly persons or those "severely disabled"; a micro
enterprise related assistance activity; a qualified activity designed
to provide job training and placement and/or other employment and
support services);
c) Housing activities carried out for providing or improving permanent
residential structures; and
d) Job creation or retention activities designed to create or retain
permanent jobs.
2.2.2 Activities which aid in the prevention or elimination of slums or blight
based on varied criteria including, but not limited to, meeting the definition
of a slum, blighted, or deteriorated area under State or local law, the
documented presence of a number of deteriorated buildings or public
improvements, addressing the conditions which contributed to the
deterioration, rehabilitation to eliminate specific conditions detrimental to
public health and safety, those activities which address prevention or
elimination of slums or blight in an urban renewal areas.
2.2.3 Activities designed to meet community development needs having a
particular urgency if the recipient of CDBG Funds certifies that the activity
is designed to alleviate existing conditions which pose a serious threat to
the health or welfare of the community, are of recent origin, the recipient is
unable to finance the activity on its own, and that other sources of funding
are not available.
2.3 Under the Rules and Regulations of H.U.D., COUNTY is the administrator for the
Program and 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 CDBG Funds as well as protecting the interests of
certain classes of individuals who reside in Broward County, Florida.
2.4 COUNTY shall conduct all programs and activities relating to housing and
community development in a manner which will affirmatively further fair housing.
COUNTY shall fund only subrecipients who have taken steps to promote fair
housing.
2.5 COUNTY desires to disburse CDBG Funds to CITY and has obtained
assurances from CITY that it 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 CDBG Funds to CITY.
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CDBG Gvt Capital Improvements Forth Agreement
2.6 If CITY is found to be taking actions designed to discourage affordable housing
for sale or rent within the confines of Broward County, it shall not be eligible to
receive CDBG Funds under this Agreement.
2.7 This Agreement is subject to the
1 availability of CDBG Funds as more specifically
described in Articles 4 and 10 herein.
ARTICLE 3 — PROJECT
3.1 CITY shall provide and implement the following eligible Project:
SOLAR STREET LIGHTING PROJECT
The Project is more specifically described and set forth in Exhibit "A," Project
Description, attached hereto. If the Project is to be constructed, provided, located
or implemented on CITY's property, CITY shall assume all liability for same upon
completion of the Project.
3.2 CITY shall implement the Project and comply with the Project Schedule/Timeline
Table set forth in Exhibit "C," attached hereto. Failure to maintain the
implementation schedule within sixty (60) days of the deadlines identified in
Exhibit "C" may warrant a full review by the Division's staff to meet H.U.D.'s
required expenditure rates for the Program year. Such referral may be the first
step toward possible reprogramming of funds. Failure to maintain the
implementation schedule within ninety (90) days of the deadlines may be cause
for a 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.
3.3 All specifications and plans prepared or to be used for the Project shall be
certified and approved by CITY and submitted to the Division for approval prior to
advertisement or implementation as applicable.
3.4 The Division may issue a Stop Order to CITY which shall 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, CITY or its contractor have violated
federal guidelines and regulations, or the terms of this Agreement.
3.5 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, CITY shall furnish to the Division Director,
COUNTY or their designees, such records and information, including copies
CDBG Gvt.capital Improvements Form Agreement _ 5 _
and/or transcriptions, as is determined necessary by the Division Director or
COUNTY. CITY 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.
3.6 If CITY shall hire design and/or professionals p o contractors to perform
p any services
to complete the e Project, the following shall apply:
3.6.1 CITY shall provide COUNTY with a copy of all contracts and
correspondence between CITY and the design professional for the
Project. The design professional's service shall include civil, structural,
mechanical and electrical engineering and architectural services, as
applicable for the Project, including all necessary, incidental and related
activities and services required by the Project's scope and contemplated
in the professional's level of effort.
3.6.2 CITY shall provide COUNTY with a copy of all contracts and
correspondence between CITY and any contractors for the Project. The
Contractor's service shall include, but not be limited to, labor, materials,
equipment and other services necessary to perform all of the work
described in the Contract Documents for the construction of the Project in
accordance with the requirements and provisions of the codes as defined
by plan review incident to permitting. The Scope of Work also includes all
Project site preparations (pre-inspection, examination; tests and borings,
and discovery of the site conditions and other similar activities.
3.6.3 COUNTY shall reimburse CITY for its design expenditures upon
completion of each design phase more particularly described in the
Project Schedule, which shall include, but not be limited to, Schematic
Design, Design Development and Contract Documents. At the conclusion
of each phase, CITY shall provide the associated deliverable and shall
submit an invoice for payment:
a) Schematic Design
The design professional shall prepare and submit for approval by
the Division Director, Schematic Design Documents consisting of
drawings and other documents illustrating the scale and
relationship of Project components. Additionally, the design
professional shall submit a written Statement of Probable
Construction Cost based on current area, volume or other unit
costs. The design professional must research all applicable codes,
ordinances, rules, regulations and requirements of governmental
authorities having jurisdiction over the Project.
CDBG Gvt.Capital Improvements Form Agreement _ 6
b) Design Development
The design professional shall prepare the Design Development
Documents consisting of drawings and other documents describing
the size and character of the entire Project, including architectural,
structural, mechanical, and electrical systems, materials and such
other essentials as may be appropriate. The design professional
shall consider the availability of materials, equipment and labor,
construction sequencing and scheduling, economic analysis of
construction and operations, user safety and maintenance
requirements and energy conservation.
The Design Development Documents shall consist of, but not be
limited to, the following:
1. Expansion of the architectural, structural, mechanical and
electrical Schematic Design Documents to establish the final
scope, relationships, forms, size and appearance of the
Project through appropriate: Plans, sections and elevations,
typical construction details; three dimensional sketches;
basic materials and finishes; equipment and furniture layouts
and space requirements; basic structural system and
dimensions; energy conservation measures; outline
specifications; basic selection of mechanical and electrical
equipment and their capabilities;
2. Development scheduling services consisting of reviewing
and updating previously established schedules; and
3. Written Statement of Probable Construction Cost consisting
of updating and refining the Schematic Design Phase
Statement of Probable Construction Cost.
c) Contract Documents
The design professional shall prepare from the approved Design
Development Documents the working drawings and specifications
setting forth in detail and prescribing the work to be done, the
materials, quality of work, finishes and equipment required for the
architectural, structural, mechanical and electrical work and the
necessary bidding information (collectively referred to as the
"Contract Documents"). The design professional shall, in the
preparation of the drawings and specifications, take into account all
prevailing codes and regulations governing construction in Broward
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COBG Gvt.Capital Improvements Form Agreement
County. Work tasks to accomplish this include but are not limited to
the following: prepare drawings and specifications for construction;
update and revise the Probable Construction Costs.
The Contract Documents shall be sufficiently complete and include
sufficient detail to permit issuance of a building permit and
responsive bids obtained.
3.7 No construction work may be undertaken by CITY without written authorization
from the Division prior to issuance of COUNTY's Notice to Incur Costs.
3.8 All change orders shall receive prior written approval from the Division.
3.9 At the completion of each Project, "as-built" drawings, when necessary, shall be
submitted to the Division for approval prior to final payment.
3.10 COUNTY shall reimburse CITY for its construction expenditures pursuant to the
Project Schedule, which shall indicate the dates for the commencement and
completion of the various stages of construction and shall be revised as required
by the conditions of the Project. CITY's Contractor shall plan, record, and update,
at least monthly, the Project's construction schedule.
3.11 At no time shall COUNTY distribute CDBG Funds where CITY has not provided
the required deliverables.
3.12 In the event CITY is unable to complete the Project because of delays resulting
from untimely review by COUNTY or other governmental authorities having
jurisdiction over the Project, and such delays are not the fault of CITY, COUNTY
shall grant a reasonable extension of time for completion of the services without
additional funding. It shall be CITY's responsibility to notify COUNTY promptly in
writing whenever a delay in approval by a governmental agency is anticipated or
experienced, and to inform COUNTY of all facts and details related to the delay.
3.13 CITY shall submit invoices for reimbursement of construction expenditures which
are identified by the specific project number in a timely manner. These invoices
shall identify the nature of the work performed, the phase of work, and the
estimated percent of work accomplished. Invoices for each phase shall not
exceed the amounts allocated to that phase. The invoice shall show a summary
of fees with accrual of the total and credits for portions paid previously. Payment
to CITY shall be as provided for in Article 4 herein.
3.14 CITY shall meet or exceed the standards described in the Project Description
attached hereto as Exhibit "A," if applicable, and all applicable codes,
ordinances, statutes and any other regulations imposed by any regulatory body
or authority governing the design and construction.
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CDBG Gvt.Capital Improvements Forth Agreement
3.15 CITY shall meet with COUNTY at reasonable times and with reasonable notice to
discuss the Project.
3.16 CITY shall provide COUNTY with Monthly Progress Reports as provided in
Exhibit "D," attached hereto, which shall indicate the status of all outstanding
work that has been authorized by COUNTY including the planned versus actual
progress of each individual project based on the project schedule and project
budget. Such reports shall be submitted to the Division on the first business day
following the end of the preceding month.
3.17 No extension of time shall be granted for delays resulting from normal weather
conditions prevailing in the area as defined by the average of the last ten (10)
years of weather data recorded in the Fort Lauderdale/Hollywood International
Airport Weather Station.
ARTICLE 4- FUNDING AND METHOD OF PAYMENT AND
PROVISIONS RELATING TO THE USE OF THE FUNDS
4.1 The maximum amount payable by COUNTY under this Agreement shall be
Three Hundred Forty-four Thousand Four Hundred Fifty-three and 00/100 Dollars
($344,453.00).
4.2 COUNTY shall reimburse CITY for the Project expenses incurred as provided for
in Exhibit "B," Costs/Budget for Project, attached hereto, provided a suspension
of payment as provided for within this Agreement has not occurred, and provided
further that CITY complies with the procedures for invoices and payments as set
forth in this Article.
4.3 CITY shall invoice COUNTY monthly using Exhibit "E," Request for Payment, on
the following basis:
4.3.1 CITY shall provide COUNTY with an executed original of any contracts or
subcontracts authorizing the work to be done on the Project.
4.3.2 CITY shall provide COUNTY with documentation of leveraging which has
occurred during each month.
4.3.3 CITY shall submit a certified copy of the purchase order authorizing the
services for which it is invoicing.
4.3.4 If CITY has awarded a contract to an independent contractor to perform
Project services, CITY shall submit to COUNTY a certified copy of the
contractor's invoice stating the services rendered and the date the
services were rendered.
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CDBG Gvt.Capital improvements Form Agreement
4.3.5 CITY's administrator or the administrator's authorized representative shall
certify that the work that is being invoiced has been completed.
4.4 CITY shall disclose to COUNTY any and all third party funding, whether public or
private, for the Project. No COUNTY funding shall be used to supplant existing
third party funding.
4.5 Upon receipt of invoices, reports and other materials as described by Section
4.3, 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.
4.6 Upon determination by the Division that the services or material invoiced have
been received or completed, the Division shall make payment to CITY 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.
4.7 For purposes of this section, invoices, reports and other materials as described in
Section 4.3, shall not be honored by COUNTY if received later than sixty (60)
days after expiration or termination of this Agreement; however, invoices for
' impact fees will be honored by COUNTY up to twelve (12) months after
expiration or termination of this Agreement.
4.8 COUNTY shall pay CITY within thirty (30) calendar days from receipt of CITY's
invoice for reimbursement of Project expenses, as defined by COUNTY's Prompt
Payment Ordinance, Section 1-51.6, as may be amended from time to time,
ninety percent (90%) of the total shown to be due on such invoice. When the
services to be performed on the Project are fifty percent (50%) complete and
upon written request by CITY, COUNTY shall assess whether the Project is
progressing in a satisfactory manner, in its sole discretion, and may authorize
that subsequent payments may be increased to ninety-five percent (95%) of the
total shown to be due on subsequent statements.
4.9 Upon CITY's satisfactory completion of the Project and after COUNTY's review
and approval, COUNTY shall remit to CITY the ten percent (10%) or five percent
(5%) portion of the amounts previously withheld.
4.10 CITY shall 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.
4.11 CITY shall expend the CDBG Funds allocated to the Project by the end of the
term of this Agreement. All CDBG Funds not expended within the term of this
Agreement shall remain in the custody and control of COUNTY.
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CDBG Gvt.Capital Improvements Form Agreement
4.12 The following events shall be sufficient cause for suspension of payments by
COUNTY. Such events include but are not limited to:
4.12.1 Ineligible use of CDBG Funds;
4.12.2 Failure to comply with the terms of this Agreement;
4.12.3 Failure to submit reports as required including a favorable audit report;
and
4.12.4 Submittal of incorrect or incomplete reports in any material respect.
4.13 Reversion of assets. In accordance with the requirements of 24 CFR 570.503
(b)(7) and 570.505, upon expiration of this Agreement, CITY shall transfer to
COUNTY any CDBG Funds on hand at the time of expiration and any accounts
receivable attributable to the use of CDBG Funds. Any property under CITY's
control that was acquired or improved in whole or in part with CDBG Funds
(including CDBG Funds provided to CITY in the form of a loan) in excess of
Twenty-five Thousand Dollars ($25,000.00) shall either be;
4.13.1 (i) Used to meet one of the national objectives in 24 CFR 570.208
(formerly 24 CFR 570.901) until five (5) years after expiration of this
Agreement, or for such longer period of time as determined to be
appropriate by COUNTY; or (ii) not used in accordance with subsection (i)
above, in which event, CITY shall pay to COUNTY an amount equal to the
current market value of the property less any portion of the value
attributable to expenditures of non-CDBG funds for the acquisition of, or
improvement to, the property. Payment by CITY is program income to
COUNTY. (No payment is required from CITY after the period of time
specified in subsection (i) above.)
4.14 Payments to CITY shall be sent to:
Robert Baldwin, City Manager
City of Dania Beach
100 Dania Beach Blvd
Dania Beach, Florida 33004
4.15 Any documentation required to be provided to COUNTY by CITY under this
Agreement shall be sent to:
Ralph Stone, Director
Broward County Housing Finance and Community Development Division
110 N.E. 3'd Street—Third Floor
Fort Lauderdale, Florida 33301
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CDBG Gvt.Capital Improvements Forth Agreement
ARTICLE 5—LIABILITY/INDEMNIFICATION
5.1 CITY shall be fully responsible for acts and omissions of its agents or employees
to the extent permitted by law. Nothing herein is intended to serve as a waiver of
sovereign immunity by any party to which sovereign immunity may be applicable.
Nothing herein shall be construed as consent by a state agency or political
subdivision of the State of Florida to be sued by third parties in any matter arising
out of this Agreement or any other contract.
5.2 In the event that CITY contracts with a third party to provide the services set forth
herein, any contract with such third party shall include the following provisions:
5.2.1 Indemnification: To the fullest extent permitted by law, CITY's Contractor
shall indemnify and hold harmless COUNTY, its officers and employees,
from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorney's fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of CITY's Contractor and
persons employed or utilized by CITY's Contractor in the performance of
this Contract. These indemnifications shall survive the term of this
Contract.
5.2.2 In order to ensure the indemnification obligation noted above, CITY's
Contractor shall, at a minimum, provide, pay for, and maintain in force at
all times during the term of this Agreement (unless otherwise provided),
the insurance coverage set forth in Article 6 herein.
ARTICLE 6— INSURANCE
6.1 CITY and COUNTY are self-insured governmental entities subject to the
limitations set forth in Section 768.28, Florida Statutes, as may be amended from
time to time. CITY and COUNTY agree that they have instituted and maintain a
fiscally sound and prudent risk management program with regard to its
obligations under this Agreement in accordance with the provisions of Section
768.28 Florida Statutes, as amended from time to time. Nothing herein is
intended to serve as a waiver of each party's sovereign immunity. Each party
shall provide the other with written verification of liability protection in accordance
with state law prior to final execution of this Agreement, upon request.
6.1.1 In the event CITY elects to purchase excess liability coverage, Broward
County, Florida, shall be named as an additional insured and certificate
holder under said policy and COUNTY shall be notified of said coverage
and provided a copy of same.
6.1.2 At a minimum, CITY shall maintain Workers Compensation and
Employers Liability coverage. Workers' Compensation insurance shall
apply for all employees in compliance with Chapter 440, Florida Statutes,
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CDBG Gvt.Capital Improvements Form Agreement
as amended from time to time, "Workers' Compensation Law" of the State
of Florida, and all applicable federal laws. In addition, the policy(ies) must
include Employers' Liability with a minimum limit of Five Hundred
Thousand Dollars ($500,000.00) each accident, Five Hundred Thousand
Dollars ($500,000.00) each employee and Five Hundred Thousand
Dollars ($500,000.00) each disease. If any operations are to be under-
taken on or about navigable waters, coverage must be included for the
U.S. Longshoremen & Harbor Workers Act and Jones Act.
6.1.3 Improvements on CITY's Property. CITY shall keep the real property
improvements now existing or hereafter erected on its Property insured
against loss by fire, hazards and such other hazards as COUNTY's Risk
Manager may require and in such amounts and for such affordability, loan
or restriction periods as COUNTY may require.
6.2 Insurance Requirements for CITY's Contractor(s).
6.2.1 In the event CITY elects to enter in an agreement with a third party
("Contractor") to perform the construction related services for the Project
referenced herein, CITY shall include in its contract with the successful
Contractor(s) the requirements set forth below in favor of COUNTY in
addition to any CITY requirements and CITY shall provide COUNTY, prior
to commencement of any activities, Certificates of Insurance
evidencing compliance with the following requirements:
Contractor shall maintain, on a primary basis and at its sole expense, at all
times during the life of this Contract the following insurance coverage
limits, including endorsements described herein. The requirements
contained herein, as well as CITY's or COUNTY's review or acceptance of
insurance maintained by Contractor is not intended to and shall not in any
manner limit or qualify the liabilities or obligations assumed by Contractor
under this Agreement.
a. Commercial General Liability: Contractor shall maintain
Commercial General Liability coverage at a limit of not less than
Five Hundred Thousand Dollars ($500,000.00) each occurrence.
Contractor agrees its coverage will not contain any restrictive
endorsement(s) excluding or limiting Product/Completed
Operations, Independent Contractors, Broad Form Property
Damage, Contractual Liability or Cross Liability. Coverage must
also include: Premises and/or Operations Coverage, and
Explosion, Collapse and Underground Hazards.
b. Business Automobile Liability: Contractor shall maintain
Business Automobile Liability coverage at a limit of not less than
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CDBG Gvt.Capital Improvements Form Agreement
Five Hundred Thousand Dollars ($500,000.00) Each Occurrence.
Coverage shall include liability for Owned, Non-Owned, Hired and
Any Auto as applicable.
C. Worker's Compensation Insurance and Employers Liability:
Contractor shall maintain Worker's Compensation Insurance for all
employees in compliance with Chapter 440, Florida Statutes, as
amended from time to time, and Employers Liability Insurance with
minimum limits of Five Hundred Thousand Dollars ($500,000.00)
each accident. Note: Elective exemptions or coverage through an
employee leasing arrangement will NOT satisfy this requirement.
d. Professional Liabili!y Insurance (required for design professionals)
with the limits of liability provided by such policy for each claim and
on a claims made basis to be no less than One Million Dollars
($1,000,000.00). Contractor shall notify COUNTY in writing
within thirty (30) days of any claim filed or made against its
Professional Liability Insurance Policy.
e. Additional Insured: Contractor shall endorse CITY and COUNTY as
additional insured with either a CIS 2020 Additional Insured --
Owners, Lessees, or Contractors or CG 2026 Additional Insured --
Owners, Lessees, or Contractors --Scheduled Person Organization
endorsement, or similar endorsements, to the Commercial General
Liability. The additional insured shall read "City of Dania Beach,
Florida" and "Broward County, Florida."
f. Waiver of Subrogation: Contractor agrees by entering into this
Contract to a Waiver of Subrogation in favor of CITY and COUNTY
for each required policy herein. When required by the insurer, or
should a policy condition not permit Contractor to enter into a pre-
loss agreement to waive subrogation without an endorsement, then
Contractor agrees to notify the insurer and request the policy be
endorsed with a Waiver of Transfer of Rights of Recovery Against
Others or its equivalent.
g. Certificates of Insurance: Contractor shall furnish CITY a
Certificate(s) of Insurance evidencing that all coverage, limits and
endorsements required herein are maintained and in full force and
effect.
h. Such policy or policies shall be without any deductible amount and
shall be issued by approved companies authorized to do business
in the state of Florida, and having agents upon whom service of
process may be made in Broward County, Florida.
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CDBG Gvt Capital Improvements Form Agreement
6.3 If the Project involves construction of any structure, CITY shall require its
General Contractor to provide: (i) Builder's Risk insurance in the amount of one
hundred percent (100%) of replacement value of the completed structure. Such
Builders Risk policy shall be all risk form with deductible not to exceed Ten
Thousand Dollars ($10,000.00) each claim and loss payable clause to include
Broward County and (ii) Property (Installation) Floater covering labor, materials
and equipment to be used for completion of the completion of the work
performed under this contract if a Builder's Risk or other property policy is not in
place to insure against all risks of direct physical loss for an amount equal to the
full amount of the contract improvements. The coverage shall be "All Risk"
coverage including installation and transit for one hundred percent (100%) of the
"installed replacement cost value," covering COUNTY as a named insured, with
a deductible of not more than Ten Thousand Dollars ($10,000.00) each claim.
6.3 In the event of loss, CITY shall give prompt notice to the insurance carrier and
COUNTY. COUNTY may make proof of loss if not made promptly by CITY.
6.4 CITY shall furnish to COUNTY Certificates of Insurance or endorsements
evidencing the insurance coverage specified in this Article prior to beginning
performance of work under this Agreement.
6.5 All policies shall be endorsed to provide COUNTY with at least thirty (30) days'
notice of cancellation and/or restriction. If any of the insurance coverage will
expire prior to the required term, copies of renewal policies shall be furnished at
least thirty (30) days prior to the date of their expiration.
6.6 Unless COUNTY and CITY otherwise agree in writing, insurance proceeds shall
be applied to restoration or repair of the Property damaged, provided such
restoration or repair is economically feasible and COUNTY's interest is not
thereby impaired. If such restoration or repair is not economically feasible or if
COUNTY's interest would be impaired, the insurance proceeds shall be applied
to the sums contemplated in this Agreement, with the excess, if any, paid to
CITY. If the Property is abandoned by CITY or if CITY fails to respond to
COUNTY within thirty (30) days from the date notice is mailed by COUNTY that
the insurance carrier offers to settle a claim for insurance benefits, COUNTY is
authorized to collect and apply the insurance proceeds at COUNTY's option
either to restoration or repair of the Property or to the sums contemplated under
this Agreement.
ARTICLE 7 -ASSURANCES
7.1 The Assurances provided by CITY in this Article shall survive the expiration or
earlier termination of this Agreement.
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7.2 CITY shall comply with the provisions of Section 102, Executive Order 11246,
incorporated herein by reference, and with the guidelines for applicants on equal
opportunity obligations for CDBG Funds in regard to construction contracts.
7.3 CITY shall submit written notification to the Division of all prebid and
preconstruction meetings at least two (2) weeks prior to the actual date, of the
meetings.
7.4 CITY shall comply with the provisions outlined in 24 C.F.R., Part 135 which
implements Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U. S. C. 1701 u).
7.5 CITY shall 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 CITY shall act in accordance with Title VI of the Civil Rights Act of 1964 (P.L. 88-
352), which provides, in part, that 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 CITY receives federal financial assistance and will
immediately take any measures necessary to effectuate this Agreement. If any
real property or structure thereon is provided or improved with the aid of federal
financial assistance extended to CITY, this assurance shall obligate CITY 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 CITY shall not use CDBG Funds for religious activities or provide same to
primarily religious entities for any activities, including secular activities.
7.8 CITY shall 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 associates.
7.9 CITY shall comply with the following requirements as they relate to acquisition,
lease, sublease, and disposition of real property.
7.9.1 Real property acquired utilizing CDBG Funds provided under this
Agreement shall be subject to a Declaration of Restrictive Covenants in
favor of COUNTY, in substantially the form provided to CITY by COUNTY.
If the CDBG Funds provided to CITY are in the form of a loan, CITY shall
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CDBG Gvt.Capital Improvements Form Agreement
execute a Promissory Note, in favor of COUNTY, in substantially the form
provided by COUNTY to CITY. Upon execution by CITY of the Declaration
of Restrictive Covenants and Promissory Note, if applicable, COUNTY
shall record same, at CITY's expense, in the Public Records of Broward
County, Florida, prior to the disbursement of any funding. Failure to use
the property for the purpose(s) intended and pursuant to the terms within
this Agreement shall result in breach of this Agreement and all remedies
available to COUNTY.
7.9.2 Before entering into a lease or sublease with a third party, CITY shall notify
the Division in writing of its intent to enter into a lease or sublease, provide
a copy of the proposed lease or sublease and obtain the Division's
consent.
7.9.3 Property acquired utilizing CDBG Funds provided under this Agreement
shall be used for the original approved purpose and CITY shall
demonstrate significant progress within twelve (12) months of closing on
such property. In the event such progress is not evidenced nor
commenced within said twelve (12) months of closing, CITY hereby
agrees to transfer ownership of the property acquired with CDBG Funds to
COUNTY, if COUNTY so requests in writing.
7.9.4 All real property transferred to COUNTY's ownership as a result of the
aforementioned deficiency, lack of significant material progress, or real
property returned as a result of expiration and subsequent termination of
this Agreement, shall be used by COUNTY at its discretion for reallocation
to other eligible CDBG activities.
7.9.5 Real property acquired utilizing CDBG Funds which are used for the
purpose of housing construction shall be deeded to home buyers at no
cost to the home buyer. Any income realized as a result of the disposition
of property by CITY shall be returned to COUNTY, unless otherwise
provided for by written agreement.
7.9.6 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,
incorporated herein by reference, shall be followed and provisions of said
regulations, policies, procedures and requirements shall be met.
7.9.7 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.
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7.9.8 Proceeds from the sale of real property purchased in whole or in part with
CDBG Funds shall be used for the originally authorized purposes as long
as needed for that purpose(s), and CITY shall not dispose of or encumber
its title or other interests, consistent with 24 C.F.R. 85.31.
7.9.9 Method of transfers of real property acquired with or improved by use of
CDBG Funds shall be accomplished after written approval by the Division
Director.
7.10 Real property, equipment and supplies acquired with CDBG Funds provided
under this Agreement, and no longer needed for the originally authorized
purpose, shall be disposed of in the manner authorized by the Division Director
consistent with 24 C.F.R. 85 after CITY has requested disposition instructions.
7.11 If there is any construction work over Two Thousand Dollars ($2,000.00),
financed in whole or part with CDBG Funds under this Agreement, CITY shall, if
applicable, comply with 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.
COUNTY shall determine the applicability of the Davis-Bacon Act to the Project
under this Agreement.
7.12 If CITY is seeking to use CDBG Funds for payment of impact fees, CITY shall
attempt to secure a waiver of such impact fees. If CITY is unsuccessful in
obtaining a waiver, CITY shall submit to the Division documentation reflecting
CITY's unsuccessful efforts prior to utilization of CDBG Funds for payment of
impact fees.
7.13 CITY shall 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.
7.14 CITY shall provide applicants for rehabilitation assistance, tenants in housing
being rehabilitated and purchasers of H.U.D. associated housing with information
concerning the dangers of Lead-Based Paint.
7.15 CITY agrees that:
7.15.1 No federal appropriated funds have been paid or will be paid, by or on
behalf of CITY, 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,
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CDBG Gvt.Capital Improvements Form Agreement
amendment, or modification of any federal funded contract, grant, loan or
cooperative agreement.
7.15.2 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 funded contract, grant, loan, or cooperative
agreement, CITY shall complete and submit COUNTY's Standard Form -
LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
7.15.3 CITY shall assure that the language of this Section 7.15 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 of funding shall comply with the
requirements.
7.16 In accordance with Section 519 of Public Law 101-144 and Section 104 (1) of the
Federal Act (the H.U.D. Appropriations Act), CITY 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.
ARTICLE 8 - FINANCIAL RESPONSIBILITY
8.1 CITY shall give COUNTY, H.U.D., and the U. S. 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 CITY shall comply with the requirements and standards of OMB Circular A-87
(now 2 C.F.R. 225), "Cost Principles for State, Local, and Indian Tribal
Governments" and 24 C.F.R. 85, incorporated herein by reference, as may be
amended from time to time and copies of which are incorporated herein by
reference.
8.3 CITY shall comply with the audit requirements of OMB Circular A-133, entitled
"Audits of States, 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.
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CDBG Gvt.Capital Improvements Forth Agreement
8.4 CITY shall use CDBG Funds 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 CITY, and COUNTY,
in its sole discretion, may reallocate the funds to other eligible CDBG projects.
8.5 CITY shall budget and expend all CDBG Funds provided by COUNTY under this
Agreement in accordance with the Division's "Procedures Manual for
Subrecipients."
8.6 CITY shall account for program income related to the Project financed in whole
or part with CDBG Funds.
8.7 Any real property under CITY's control that was acquired or improved in whole or
in part with CDBG Funds shall be:
8.7.1 Used to meet one of the National Objectives in 24 C.F.R. 570.208 until
five (5)years after expiration of this Agreement; and
8.7.2 Disposed of, if disposition occurs, in a manner that results in 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.
8.8 CITY acknowledges that this is a federally assisted Project. If CITY has caused
any CDBG Funds provided by COUNTY under this Agreement 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. Failure to
complete the Project in accordance with this Agreement, whether voluntarily or
otherwise, constitutes a material breach of this Agreement, and any CDBG
Funds provided by COUNTY pursuant to this Agreement for the Project shall be
repaid in full to COUNTY from nonfederal resources. This provision shall survive
the expiration or earlier termination of this Agreement.
ARTICLE 9 -TERM OF AGREEMENT
The term of this Agreement shall commence retroactively on October 1, 2011,
and shall end on September 30, 2012, unless terminated earlier or extended pursuant
to the terms of this Agreement.
ARTICLE 10 -TERMINATION
10.1 This Agreement is subject to the availability of CDBG Funds. Should CDBG
Funds no longer be available, this Agreement shall terminate upon no less than
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twenty-four (24) hours notice in writing to CITY. Said notice shall be provided by
COUNTY in accordance with Article 11, Notices. COUNTY shall be the final
authority as to the availability of CDBG Funds.
10.2 If, through any cause, CITY fails to commence work on the Project, as set forth in
Exhibit "C," Project Schedulelrimeline Table, within ninety (90) days from the
date of COUNTY's issuance of the Notice to Incur Costs, or fails to fulfill in timely
and proper manner its obligations under this Agreement, or if CITY shall violate
any of the covenants, agreements, or stipulations of this Agreement, COUNTY,
in the discretion of and through the County Administrator, shall have the right to
terminate this Agreement or suspend payment in whole or part by providing
written notice to CITY 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 CITY as a condition
precedent to resumption of payments and should specify a reasonable date for
compliance.
10.3 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 CITY with CDBG Funds provided by
COUNTY under this Agreement shall be returned to COUNTY.
10.4 Notwithstanding the above, CITY shall not be relieved of liability to COUNTY for
damages sustained by COUNTY by virtue of any breach of this Agreement by
CITY, and COUNTY may withhold any payments to CITY, for the purposes of
setoff until such time as the exact amount of damages is determined.
10.5 In the best interests of the Program and in order to better serve the people in the
target areas and fulfill the purposes of this Agreement, 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 this
Agreement, COUNTY shall pay CITY for documented committed eligible Project
expenses in accordance with Exhibit "B," Costs/Budget for Project; however,
after being provided notice of termination by COUNTY, COUNTY shall not be
required to reimburse CITY for any of its eligible Project expenses under this
Agreement up to the date of termination, if COUNTY is not able to obtain such
funding from H.U.D. for the payment of these costs. The County Administrator is
authorized to terminate this Agreement on behalf of COUNTY pursuant to this
Section upon the Administrator's determination that termination is in the best
interests of COUNTY and the Program.
10.6 All requests for amendments to this Agreement shall be submitted in writing to
the Division Director no less than ninety (90) days prior to the termination date of
this Agreement.
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CDBG Gvt.Capital Improvements Form Agreement
10.7 If, in the opinion of the Division Director, CITY has violated the terms of this
Agreement, the Division Director may bring the matter before the County
Administrator for consideration. j
ARTICLE 11 — NOTICES
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt requested,
or sent by commercial express carrier with acknowledgement of delivery, or by hand
delivery with a request for a written receipt of acknowledgment of delivery, addressed to
the party for whom it is intended at the place last specified. The place for giving notice
shall remain the same as set forth herein until changed in writing in the manner
provided in this section. For the present, the parties designate the following:
FOR COUNTY:
Ralph Stone, Director
Broward County Housing Finance and Community Development Division
110 NE 3ro Street, Suite 300
Fort Lauderdale, Florida 33301
FOR CITY:
Robert Baldwin, City Manager
City of Dania Beach
100 Dania Beach Blvd
Dania Beach, Florida 33004
ARTICLE 12— MISCELLANEOUS
12.1 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE. CITY shall not
unlawfully discriminate on the basis of race, color, national origin, sex, religion,
age, marital status, political affiliation, familial status, disability, pregnancy,
gender identity and expression, or sexual orientation, (including but not limited to
Broward County Code, Chapter 16'/2), in the performance of this Agreement, the
solicitation for or purchase of goods or services relating to this Agreement, or in
subcontracting work in the performance of this Agreement. CITY shall include the
foregoing or similar language in its contracts with any subcontractors or
subconsultants, except that any project assisted by the U.S. Department of
Transportation funds shall comply with the non-discrimination requirements in 49
C.F.R. Parts 23 and 26, as amended. Failure to comply with the foregoing
requirements is a material breach of this Agreement, which may result in the
termination of this Agreement or such other remedy as COUNTY deems
appropriate.
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CITY shall not unlawfully discriminate against any person in its operations and
activities or in its use or expenditure of funds in fulfilling its obligations under this
Agreement. CITY shall affirmatively comply with all applicable provisions of the
Americans with Disabilities Act (ADA) in the course of providing any services
funded by COUNTY, including Titles I and II of the ADA (regarding
nondiscrimination on the basis of disability), and all applicable regulations,
guidelines, and standards. In addition, CITY shall take affirmative steps to
ensure nondiscrimination in employment against disabled persons.
By execution of this Agreement, CITY represents that it has not been placed on
the discriminatory vendor list (as provided in Section 287.134, Florida Statutes).
COUNTY materially relies on such representation in entering into this
Agreement. An untrue representation of the foregoing shall entitle COUNTY to
terminate this Agreement and recover from CITY all monies paid by COUNTY
pursuant to this Agreement, and may result in debarment of CITY from
COUNTY's competitive procurement activities.
12.2 AUDIT RIGHT AND RETENTION OF RECORDS. COUNTY shall have the right
to audit the books, records, and accounts of CITY and its subcontractors that are
related to this Project for the period of time required by 24 C.F.R. 570, if such
retention period is greater than that required by the Florida Public Records Act,
Chapter 119, Florida Statutes, as may be amended from time to time. CITY and
its subcontractors shall keep such books, records, and accounts as may be
necessary in order to record complete and correct entries related to the Project.
All books, records, and accounts of CITY and its subcontractors shall be kept in
written form, or in a form capable of conversion into written form within a
reasonable time, and upon request to do so, CITY, or its subcontractor, as
applicable, shall make same available at no cost to COUNTY in written form.
CITY and its subcontractors shall preserve and make available, at reasonable
times for examination and audit by COUNTY, all financial records, supporting
documents, statistical records, and any other documents pertinent to this
Agreement for the required retention period, or for a minimum period of five (5)
years after termination of this Agreement. If any audit has been initiated and
audit findings have not been resolved at the end of the required retention period
or five (5) years, whichever is longer, the books, records, and accounts shall be
retained until resolution of the audit findings. If the Florida Public Records Act is
determined by COUNTY to be applicable to CITY's and its subcontractors'
records, CITY and its subcontractors shall comply with all requirements thereof;
however, no confidentiality or non-disclosure requirement of either federal or
state law shall be violated by CITY or its subcontractors. Any incomplete or
incorrect entry in such books, records, and accounts shall be a basis for
COUNTY's disallowance and recovery of any payment upon such entry.
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CITY shall, by written contract, require its subcontractors to agree to the
requirements and obligations of this Section12.2.
12.3 INDEPENDENT CONTRACTOR. CITY is an independent contractor under this
Agreement. Services provided by CITY shall be performed by employees of
CITY subject to the supervision by CITY, and shall not be deemed officers,
employees, or agents of 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 CITY, which policies of CITY shall not conflict with
COUNTY, or State of Florida policies, rules or regulations relating to the use of
CDBG Funds provided for under this Agreement.
12.4 PRIOR AGREEMENTS SUPERSEDED. This document incorporates and
includes all prior negotiations, correspondence, conversations, agreements, and
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.
12.5 AMENDMENTS. COUNTY may, in its discretion, amend this Agreement to
conform to changes in federal, state, local, and/or COUNTY 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, except the County Administrator shall be authorized to execute
amendments that change the term of the Agreement or that change the Project,
so long as the Project consists of eligible activities under 24 C.F.R. Part 570.
Except for the provisions as set forth herein, no modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless
contained in a written document executed with the same formality and of equal
dignity herewith. It is understood that COUNTY is responsible to H.U.D. for the
administration of CDBG Funds and may consider and act upon reprogramming
recommendations as proposed by its CITY's or the Division after appropriate
referral to the County Administrator. In the event that COUNTY approves any
modification, amendment, or alteration to the funding allocation, CITY shall be
notified pursuant to Article 11, Notices, and such notification shall constitute an
official amendment. The Division Director shall be authorized to approve line
item changes to the budget information set out in Exhibit "B," Costs/Budget for
Project, attached hereto, in the form of an amendment to this Agreement,
provided such changes do not result in an increase in the CDBG Fund amount in
Section 4.1 of this Agreement, and Exhibit "B."
12.6 SUBCONTRACT AND ASSIGNMENT. Except as provided for in this Agreement,
CITY shall not subcontract, transfer or assign the performance of services called
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for in this Agreement. However, this Agreement shall run to COUNTY or its
successors.
12.7 REPORTS. All reports, plans, surveys, information, documents, maps and other
data procedures developed, prepared, assembled or completed by CITY 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
CITY 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 the Director's written request.
12.8 CONFLICT OF INTEREST. CITY shall comply with the requirements of 24 CFR
570.489 relative to the Conflict of Interest provisions. CITY, its officers,
employees, agents, or consultants who exercise or have exercised any functions
or responsibilities with respect to the Project or who are in a position to
participate in a decision making process or gain inside information with regard to
the Project, shall not obtain a financial interest or benefit from the Project, or
have an interest in any contract, subcontract or agreement with respect thereto,
or the proceeds thereunder, either for themselves or those with whom they have
family or business ties, during their tenure or for one (1) year thereafter. Any
possible conflicting interest on the part of CITY, its employees, or agents, shall
be disclosed in writing to the Division.
12.9 CONFLICTS. Neither CITY nor its employees shall have or hold any continuing
or frequently recurring employment or contractual relationship that is substantially
antagonistic or incompatible with CITY's loyal and conscientious exercise of
judgment related to its performance under this Agreement. None of CITY's
employees shall, during the term of this Agreement, serve as an adverse or
hostile witness against COUNTY in any legal or administrative proceeding in
which he or she is not a party, unless compelled by court process, nor shall such
persons give sworn testimony or issue a report or writing, as an expression of his
or her opinion, which is adverse or prejudicial to the interests of COUNTY in any
such pending or threatened legal or administrative proceeding. The limitations of
this section shall not preclude such persons from representing themselves in any
action or in any administrative or legal proceeding regarding this Agreement. In
the event CITY is permitted to utilize subcontractors to perform any services
required by this Agreement, CITY shall prohibit such subcontractors, by written
contract, from having any conflicts as within the meaning of this section.
12.10 JURISDICTION VENUE, WAIVER OF JURY TRIAL. This Agreement shall be
interpreted and construed in accordance with and governed by the laws of the
state of Florida. Jurisdiction of any controversies or legal problems arising out of
this Agreement, and any action involving the enforcement or interpretation of any
rights hereunder, shall be exclusively in the state courts of the Seventeenth
Judicial Circuit in Broward County, Florida, and venue for litigation arising out of
this Agreement shall be exclusively in such state courts, forsaking any other
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jurisdiction which either party may claim by virtue of its residency or other
jurisdictional device. BY ENTERING INTO THIS AGREEMENT, CITY AND
COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY
HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS
AGREEMENT.
12.11 SEVERANCE. In the event this Agreement or a portion of this Agreement is
found by a court of competent jurisdiction to be invalid, the remaining provisions
shall continue to be effective unless COUNTY or CITY elects to terminate this
Agreement. An election to terminate this Agreement based upon this provision
shall be made within seven (7) days after the finding by the court becomes final.
12.12 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.
12.13 COMPLIANCE WITH APPLICABLE LAWS. CITY shall keep fully informed of all
Federal and State laws, all local laws, ordinances and regulations, and all orders
and decrees of bodies or tribunals having jurisdiction or authority which, in any
manner, affect work authorized under the terms of this Agreement. CITY shall at
all times observe and comply with all such laws, ordinances, regulations, and
orders.
12.14 THIRD PARTY BENEFICIARIES. Neither CITY nor COUNTY intends to directly
or substantially benefit a third party by this Agreement. Therefore, the parties
agree that there are no third party beneficiaries to this Agreement and that no
third party shall be entitled to assert a claim against either of them based upon
this Agreement. The parties expressly acknowledge that it is not their intent to
create any rights or obligations in any third person or entity under this
Agreement.
12.15 WAIVER OF BREACH AND MATERIALITY. Failure by COUNTY to enforce any
provision of this Agreement shall not be deemed a waiver of such provision or
modification of this Agreement. No waiver shall be effective unless it is in writing
and signed by the party against whom it is asserted. A waiver of any provision of
this Agreement or failure to perform any of the terms, covenants, and conditions
of this Agreement shall not be deemed a waiver of any prior or subsequent
failure to perform any term, covenant or condition of this Agreement and shall not
be construed to be a modification of the terms of this Agreement. Each
requirement, duty, and obligation set forth herein is substantial and important to
the formation of this Agreement and, therefore, is a material term hereof.
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CDBG Gvt.Capkal Improvements Form Agreement
12.16 JOINT PREPARATION. COUNTY and CITY have sought and received whatever
competent advice and counsel as was necessary for them to form a full and
complete understanding of all rights and obligations under this Agreement, and
the preparation of this Agreement has been a joint effort of COUNTY and CITY
and the resulting document shall not, solely as a matter of judicial construction,
be construed more severely against one of the parties than any other.
12.17 PRIORITY OF PROVISIONS. If there is a conflict or inconsistency between any
term, statement, requirement, or provision of any exhibit attached hereto, any
document or events referred to herein, or any document incorporated into this
Agreement by reference and a term, statement, requirement, or provision of this
Agreement, the term, statement, requirement, or provision contained in Articles 1
through 12 of this Agreement shall prevail and be given effect. In the event there
is a conflict between any provisions set forth in this Agreement and a more
stringent State or Federal provision which is applicable to any services performed
under this Agreement, the more stringent State or Federal provision shall prevail.
12.18 INCORPORATION BY REFERENCE. The truth and accuracy of each "Whereas"
clause set forth above is acknowledged by the parties. The attached Exhibits "A"
— "E" are incorporated into and made a part of this Agreement. The Rules and
Regulations of H.U.D. and any other H.U.D. regulations addressed in this
Agreement which are not specifically identified in the definition contained in
Section 1.11 herein shall be deemed incorporated herein by reference.
12.19 USE OF TERMS. All terms and words used in this Agreement, despite the
number and gender in which used, shall be deemed to include any other gender
or number as the context or the use thereof may require. Terms such as
"herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a
whole and not to any particular sentence, paragraph, or section where they
appear, unless the context otherwise requires. Whenever reference is made to a
section of this Agreement, such reference is to the section as a whole, including
all of the subsections and subparagraphs of such section unless the reference is
made to a particular subsection or subparagraph of such section.
12.20 SURVIVAL. Either party's right to monitor, evaluate, enforce, audit and review,
any obligations to indemnify and insure, and any assurances and items of
financial responsibility shall survive the expiration or earlier termination of this
Agreement. Any provision of this Agreement which contains a restriction or
requirement which extends beyond the date of termination or expiration set forth
herein shall survive termination or expiration of this Agreement and be
enforceable.
12.21 FURTHER ASSURANCE. CITY and COUNTY shall execute, acknowledge,
deliver, and cause to be done, executed, acknowledged and delivered all such
further documents and perform such acts as shall reasonably be requested of it
to carry out this Agreement and give effect hereto. Accordingly, without in any
- 27 -
CDBG Gvt.Capital Improvements Form Agreement
manner limiting the specific rights and obligations set forth in this Agreement, the
parties declare their intention to cooperate with each other in effecting the terms
of this Agreement.
12.22 TIME IS OF THE ESSENCE. Time shall be of the essence of this Agreement and
the representations and warranties solely made herein are all material and of the
essence of this Agreement.
12.23 WAIVER OF CLAIMS. CITY hereby waives any claim against COUNTY, and its
agents, servants and employees for loss of anticipated profits caused by any suit
or proceedings directly or indirectly attacking the validity of this Agreement or any
part thereof, or by any judgment of award in any suit or proceeding declaring this
Agreement null, void or voidable, delaying the same or any part thereof, from
being carried out.
12.24 CUMULATIVE RIGHTS. All rights and remedies of COUNTY hereunder or at law
or in equity are cumulative and shall be in addition to any other rights and
remedies available. The exercise of any right or remedy shall not be taken to
exclude or waive the right to the exercise of any other. Failure by COUNTY to
promptly exercise any of its rights shall not operate to forfeit or be treated as a
waiver of any such rights.
12.25 SPECIFIC PERFORMANCE. In addition to all other remedies, CITY's
obligations contained herein shall be subject to the remedy of speck
performance by appropriate action commenced in a court of competent
jurisdiction.
12.26 FORCE MAJEURE. If the performance of this Agreement, or any obligation
hereunder is prevented by reason of hurricane, earthquake, or other casualty
caused by nature, or by labor strike, war, or by a law, order, proclamation,
regulation, ordinance of any governmental agency, the party so affected, upon
giving prompt notice to the other party, shall be excused from such performance
to the extent of such prevention, provided that the party so affected shall first
have taken reasonable steps to avoid and remove such cause of non-
performance and shall continue to take reasonable steps to avoid and remove
such cause, and shall promptly notify the other party in writing and resume
performance hereunder whenever such causes are removed; provided, however,
that if such non-performance exceeds sixty (60) days, the party that is not
prevented from performance by the force majeure event shall have the right to
terminate this Agreement upon written notice to the party so affected. This
section shall not supersede or prevent the exercise of any right the parties may
otherwise have to terminate this Agreement.
12.27 COUNTY BUSINESS ENTERPRISE PROGRAM. COUNTY has established a
policy relating to County Business Enterprise ("CBE") program participation in all
- 28 -
CDBG Gvt.Capital Improvements Form Agreement
County contracts. Although this Agreement does NOT have assigned CBE goals,
pursuant to 24 CFR 85.36(e) or 84.44(b), CITY shall take affirmative steps to use
small firms, minority-owned firms, or labor surplus area firms when possible as
the sources of supplies, equipment and services.
12.28 EXECUTION AUTHORITY. The individual executing this Agreement on behalf of
CITY personally warrants that he or she has full authority to execute this
Agreement on behalf of CITY.
12.29 MULTIPLE ORIGINALS. Multiple copies of this Agreement may be executed by
all parties, each of which, bearing original signatures, shall have the force and
effect of an original document.
[Remainder of Page Left Intentionally Blank]
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CDBG Gvt.Capital Improvements Form Agreement
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature: BROWARD COUNTY, through the
County Administrator, authorized to execute same by action of the Board on May 25,
2010, and May 01, 2012, and CITY OF DANIA BEACH, signing by and through its
duly authorized to execute same.
COUNTY
WITNESSES: BROWARD COUNTY, through the
County Administrator
Signature By
County Administrator
Print Name
day of , 2012.
Signature Approved as to form by
Office of the County Attorney
for Broward County, Florida
Print Name JONI ARMSTRONG COFFEY, County Attomey
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 Patrice M. Eichen Date
Assistant County Attomey
PME:hb
CDBG Gvt Capital Improvements form.doc
5130/12
#12-129.22
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CDBG Gvt.Capital Improvements Form Agreement
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH
PROVIDING FOR FUNDING AND ADMINISTRATION OF 36TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAMS FOR SOLAR STREET LIGHTING
PROJECT IN THE AMOUNT OF $344,453.
CITY
ATTEST: CITY OF DANIA BEACH, FLORIDA
By BY
City Clerk Signature
Print Name and Title
day of , 2012.
APPROVED AS TO LEGAL SUFFICIENCY:
By
City Attorney
- 31 -
CDBG Gvt.Capital Improvements Form Agreement
EXHIBIT "A"
PROJECT DESCRIPTION
Project Name: Solar Street Lighting Project
Project Description: The CDBG Funds provided to CITY under the Agreement shall be used
for the installation of 53 solar power street and pedestrian lights and poles in residential areas
that are within the eligible CDBG target areas, which include Census Tracts 801.4, 802.1,
804.03 Block 2, 804.04 Block 1, 804.04 Block 4, 804.02 Block 1, and Block 805.1 and will also
include CITY's Community Redevelopment Agency (CRA) Redevelopment Area. The CDBG
Funds shall also be used for restoration and repair of the swale area along the public right of
way.
This Project shall be an expansion of the currently approved 35th year CDBG Solar Street
Lighting Project for CITY.
CDBG HUD National Objective: 570.208(a)(1) Area Benefit
Page 1 of 1
EXHIBITS FOR 3e`"YR CDBG.
EXHIBIT "B"
BUDGET TABLEICOSTS FOR PROJECT
i
Each cost category below reflects the proposed amount necessary to complete the Project by
funding source(s).
Funding Sources
Cost Category 1 CDBG 2 3 Total
A. Personnel $ $
B. Fringe Benefits $ $
C Travel $ $
D. Equipment $ $
E. Supplies $ $
F. Contractual Services $ $
G. Construction $344,453 $344,453
H. Other $ $
I. Total $344,453 $344,453
Page 1 of 4
EXHIBITS FOR 3e YR CDBG
EXHIBIT "B"
Continued
BUDGET NARRATIVE
The budget narrative statements below provide a detailed justification for each cost category
shown in the budget table for both CDBG and Non-CDBG funding sources utilized in financing
the project.
CDBG Fundina Source -$344.453
The CDBG funding shall be used for the construction/installation of 53 solar powered street
lights or pedestrian solar powered lights, at an estimated per unit cost of $6,400 for a total
amount of $339,200. The remaining $5,253 is set aside for restoration and repair of the swale
area along the public right of way.
Non-CDBG Funding Sources)
Non-CDBG funded sources include in-kind work that may need to be performed by the City's
Public Services Department, which may include tree trimming and tree removal for street
lighting. No additional City staff shall be required to carry out this project. The City shall provide
funding for necessary engineering, planning and permitting for the Project.
Page 2 of 4
EXHIBITS FOR 3e YR CDBG
EXHIBIT "B"
(Cont)
Allowable Cost for U.S. HUD Share of Buda
Federal cost principles for grants and contracts with state and local governments are stated in
OMB Circular A-87, Cost Principles for State and Local Governments. 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.
(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.
Page 3 of 4
EXHIBITS FOR 3e YR COBG
i
EXHIBIT "B"
(Cont)
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 is 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 Housing Finance and
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.
Leveraoe 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.
Page 4 of 4
EXHIBITS FOR 3e'"YR CDBG
EXHIBIT "C"
PROJECT SCHEDULE/TIMELINE TABLE
The table below lists the main work tasks required to complete Project objectives before the
term of the Agreement expires.
Work Task Start-Up Date Date of Completion
Developmentf I o pans and bid
specifications October 1, 2011 April 30, 2012
Bid Processes and award April 30, 2012 June 30, 2012
Construction June 30, 2012 August 15, 2012
Completion August 15, 2012 September 30, 2012
Page 1 of 1
EXHIBITS FOR 3e YR CDBG
i
EXHIBIT "D"
MONTHLY PROGRESS REPORT
Reporting Period:
Date Report Prepared:
A. Project Information:
Agency Name
Person Preparing the Report
Job Title
Signature
Project Name
Project Start-Up Date
Project Completion Date
Amended Completion Date
(if applicable)
B.1 Project Cost
Funds Expended to Date Percentage
Total Project $344,453 $ %
CDBG Funding $344,453 $ %
Other Funding $ $ %
(specify source below)
B.2 Declaration of Agency Budget Changes
Program Income:
Source of Program Income:
Page 1 of 7
EXHIBITS FOR 3e YR CDBG
EXHIBIT "D"
(Cont.)
B.3 Other Grant Awards
Date(s): Dollar Amount(s):
Funding Source(s): Funding Contract Person(s):
B.4 Describe attempts to secure additional funding:
B.5 Percent of Project completed to date: %
B.6 Anticipated Changes in Staffing:
1. Ofrice Hours:
2. Resignations:
3. Part-time or Full-time Employee(s):
CA Brief Project Description & Project Location (if applicable, include homeowner's name and
address, general scope of work performed, and associated expenses):
C. 2. Describe specific work tasks &status completed this month:
Work Tasks Status(i.e., underway, completed)
Page 2 of 7
EXHIBITS FOR 3e YR CDBG
EXHIBIT "D"
(Cont.)
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 Housing Finance and Community Development staff.
C.S. Anticipated advertisements and/or other contractual services. If so, has the
Housing Finance and Community Development staff been advised and appropriate steps
taken to assure compliance?
C.6. If applicable, please complete a Direct Benefit Report Form provided by COUNTY
on all program participants.
Page 3 of 7
EXHIBITS FOR 3e'"YR CDBG
EXHIBIT D
"
(C.6—CONT.)
Indicate persons or households. Only unduplicated Total number Total number
counts should be given served served
This Month year to date
Hispanic
Non-Hispanic
1. Total
11. White
12. Black/African American
13. Asian
14. American Indian/Alaskan Native
15. Native Hawaiian or other Pacific Islander
16. American Indian/Alaskan Native&White
17. Asian&White
18. Black/African American&White
19. American Indian/Alaskan Native & Black/African
American
20. Other Multi-Racial
2. Total
Very Low Income <30%of area median
Low Income <50%of area median
Moderate Income <80%of area median
Non-Low Moderate Income
*income levels must equal persons benefiting 3. Total
Households
Persons
Homeless
Female Head of Household
Disabled Persons Assisted
Elderly Persons Assisted
Census Tract served
Page 4 of 7
EXHIBITS FOR 3e YR CDBG
EXHIBIT "W
IC.6— CONT.)
Applicable if implementina one of the following activities
Public Services / Public Facilities and Improvements
Total number Total number
this quarter year to date
Number that have new access to this service or benefit
Number that have improved access to this service or benefit
Number that receive a service or benefit that is no longer
substandard
1. Total
Number that have new access to this type of public facility or
infrastructure improvement
Number that have improved access to this type of public facility or
infrastructure improvement
Number served by public facility or infrastructure that is no
longer substandard
2. Total
Number of bed created in overnight shelter or other emergency
housing
3. Total
Page 5 of 7
EXHIBITS FOR 3e1°YR CDBG
EXHIBIT "D"
(C.6—CONT.)
Applicable if implementing one of the following activities
Housing and Economic Development Data
Total number Total number
this quarter year to date
Occupied by elderly
Units moved from sub-standard to standard (HQS or local code)
Units qualified as Energy Star
Units made accessible
Units brought into compliance with lead safety rules (24 CFR Part
35)
1. Total
Number received housing counseling
Number downpayment assistance i closing costs
2. Total
Number of new businesses assisted
Number of existing business assisted
Number of existing businesses expanding
Number of existing businesses relocating
Number of businesses assisted with commercial fagade treatment/
business building rehab
Number of businesses assisted that provide goods or services to
meet the needs of a service area, neighborhood or community
Women owned business
3. Total
*DUNS number required for each business
Page 6 of 7
EXHIBITS FOR 3e"'YR CDBG
EXHIBIT "D"
(Cont.)
D. Program Objectives
* Work Tasks Projected Monthly Progress Supporting
Yearly Total / Progress Yr-To- Documentation
Performance Date
Development of plans and bid
P P 1
PY P
Co of tans and bid
specifications specifications
1 Bid advertisement
Bid Processes and award and tabulations
1 Inspection reports
Construction and as built survey
1 Progress reports, pay
Completion requests and lien
releases
* Please list Work Tasks as listed in the Agreement's Exhibit"C"(Project Schedule/Timeline Table).
Page 7 of 7
EXHIBITS FOR 3e YR CDBG
EXHIBIT "E"
REQUEST FOR PAYMENT
Community Development Block Grant Program
36"'Year Funding
Contract Period to
1. Project Name:
2. Organization: Telephone Number:
3. Billing Number:
4. Billing Period Covered:
5. % of Total Contract, Expended thru this Billing:
Total
Expenditures Expenditures Total Expenditures
6.Cost Categories Up to Last Billing This Billing To Date
A. Project Costs
Salary& Fringes
Contractual
Construction
Other Project Costs
Total Expenditures
Funds Obligated:
(By Funding A reement
Balance
B. In-kind
Page 1 of 2
EXHIBITS FOR 3e"'YR CDBG
EXHIBIT "E"
REQUEST FOR PAYMENT
continued
7. Detail of Request for
Payment(Attach copies of
Invoices, Other Applicable
Documentation
Invoice#
Vendor Name If Applicable) Description of Service Amount
Total Request for Reimbursement;
8. Certification:
I certify that items 1 -7 of this billing are correct an just and are based upon obligation(s)
of record for the Project; that the work and services are in accordance with the Agreement
Including any amendments thereto; and that the progress of the work and services under the
Agreement are satisfactory and are consistent with the amount billed.
Signature and Title of Authorized Official Date
EXHIBITS FOR 36`"YR CDBG
Form 608.700 Revised 06104 Page 2 of 2
I
EXHIBITS FOR 3e YR CDBG