HomeMy WebLinkAboutR-2013-026 Executed the 38th Year Community Development Block Grant Agreement with Broward County for $199,792.00 for Neighborhood Improvement Project Funding RESOLUTION NO. 2013-026
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE THE 38TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT AGREEMENT BETWEEN THE CITY OF DANIA BEACH,
FLORIDA AND BROWARD COUNTY IN THE AMOUNT OF $199,792.00
TO PROVIDE NEIGHBORHOOD IMPROVEMENT PROJECT FUNDING;
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 $199,792.00 to provide for a neighborhood improvement project
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 38`h Year
Community Development Block Grant Agreement between the City of Dania Beach, Florida and
Broward County in the amount of$199,792.00, 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 by transfer to the Oasis Neighborhood Improvement Program.
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are repealed to the extent of such conflict.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 February 26, 2013.
ATTEST:
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LOUISE STILSON, CMC WA ER B. DUKE, III
CITY CLERK MAYOR
'S FIlts�.
APPROVED AS W FO AND CORRECTNESS:
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THO IAS YANSB O
CITY ATTORNEY
2 RESOLUTION#2013-026
CDBG GOVERNMENT CAPITAL IMPROVEMENTS FORM AGREEMENT
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
PROVIDING FOR FUNDING AND ADMINISTRATION OF
38th YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS
for
NEIGHBORHOOD IMPROVEMENT PROJECT
IN THE AMOUNT OF$199,792
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................................................................18
9 TERM OF AGREEMENT....................................................................................20
10 TERMINATION...................................................................................................20
11 NOTICES ...........................................................................................................21
12 MISCELLANEOUS.............................................................................................22
EXHIBITS
EXHIBIT"A" PROJECT DESCRIPTION
EXHIBIT"B" BUDGET TABLE/COSTS FOR PROJECT
EXHIBIT"C" PROJECT SCHEDULE/TIMELINE
EXHIBIT"D" MONTHLY PROGRESS REPORT
EXHIBIT"E" REQUEST FOR PAYMENT
3e Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form Agreement
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
PROVIDING FOR FUNDING AND ADMINISTRATION OF
38th YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS
for
NEIGHBORHOOD IMPROVEMENT PROJECT
IN THE AMOUNT OF$199,792
This is an Agreement, made and entered into by and between: BROWARD
COUNTY, a political subdivision of the State of Florida, hereinafter referred to as
"COUNTY,"
and
CITY OF DANIA BEACH, a municipal corporation of the State of Florida,
hereinafter referred to as "CITY," collectively referred to as the "Parties."
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 C.F.R. 85; and
WHEREAS, on November 13, 2012, the Board adopted Resolution #2012-714
approving funding to CITY under COUNTY's CDBG Program for neighborhood
infrastructure improvements within CITY's right-of-way, 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, the Parties agree as follows:
3e Year(FY 2012-2013)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 Contract Administrator: means 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 Contract
Administrator.
1.6 County Administrator: means the administrative head of COUNTY pursuant to
Sections 3.02 and 3.03 of the Broward County Charter.
1.7 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.
1.8 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
and 00/100 Dollars ($2,000.00)or more.
1.9 Division: means the Housing Finance and Community Development Division of
Broward County.
1.10 H.U.D.: means the United States Department of Housing and Urban
Development.
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1.11 Project: means the Project s set forth in Article 3 hereof, and Exhibit"A," Project
1 ( ) 1
Description.
1.12 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 Circular A-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 Organization"; as amended from time to time,
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
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3e Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form Agreement
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to remove material or architectural barriers to the mobility or
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 speck 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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3e Year(FY 2012-2013)CDBG Gvt.Capital Improvements Forth Agreement
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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 availability of CDBG Funds as more specifically
described in Article 10 herein.
ARTICLE 3—PROJECT
3.1 CITY shall provide and implement neighborhood infrastructure improvements
outlined 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 comply with the Project Schedulefrimeline 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
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.
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3e Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form Agreement
3.6 If CITY hires design professionals and/or contractors to perform any services to
complete the 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 Projects 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 Project 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.
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3ew Year(FY 2012-2013)CDBG Gvt.Capital Improvements Forth Agreement
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 are not
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
County. Work tasks to accomplish this include, but are not limited
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3e Year(FY 2012-2013)CDBG Gvt.Capital Improvements Forth Agreement
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. The Projects construction schedule shall be
updated at least monthly by CITY or its Contractor.
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," 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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3e Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form 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 resultingfrom normal weather
er
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 One
Hundred Ninety-nine Thousand Seven Hundred Ninety-two and 00/100 Dollars
($199,792.00).
4.2 COUNTY shall reimburse CITY for the Project expenses incurred as provided for
in Exhibit "B," Budget Table/Costs 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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3e Year(FY 2012-2013)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 CITY shall submit invoices for reimbursement of construction expenditures 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. The invoice
shall show a summary of fees with accrual of the total and credits for portions
paid previously. Upon receipt of invoices, reports, and other materials as
described in 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.
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3e Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form Agreement
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.
4.12 Events which shall be sufficient cause for suspension of payments by COUNTY
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 C.F.R. 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 and 00/100 Dollars ($25,000.00) shall either be:
(i) Used to meet one of the national objectives in 24 C.F.R. 570.208 (formerly
24 C.F.R. 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 33304
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4.15 Any documentation required to be provided to COUNTY 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
ARTICLE 5—LIABILITY/INDEMNIFICATION
5.1 CITY is a state agency under Section 768.28, Florida Statutes, and 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 thins party shall include the following provisions:
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.
ARTICLE 6—INSURANCE
6.1 CITY is a state agency under Section 768.28, Florida Statutes, and shall furnish
the Contract Administrator with written verification of liability protection in
accordance with state law prior to final execution of this Agreement.
In the event CITY elects to purchase excess liability coverage, Broward County
shall be named as an additional insured and certificate holder under said policy,
and COUNTY shall be notified of said coverage and provided evidence of same.
6.2 Insurance Requirements for CITY's Contractor(s).
6.2.1 In the event CITY elects to enter into an agreement with a third party
contractor(s) ("Contractor") to perform any work/activities for the Project
referenced herein, CITY shall include in its contract with the successful
Contractor the requirements set forth below in favor of COUNTY in
addition to any CITY requirements and CITY shall provide COUNTY, prior
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to commencement of any activities, Certificates of Insurance
evidencing compliance with the following requirements:
6.2.1.1 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 with minimum limits
of Five Hundred Thousand and 00/100 Dollars
($500,000.00) each occurrence, combined single limit for
bodily injury and property damage. Contractor's coverage
shall not contain any restrictive endorsement(s) excluding or
limiting Products/Completed Operations, Independent
Contractors, Broad Form Property Damage, Contractual
Liability or Cross Liability. Coverage must include Premises
and/or Operations Coverage, and Explosion, Collapse, and
Underground Hazards.
b. Business Automobile Liability: Contractor shall maintain
Business Automobile Liability coverage with minimum limits
of Five Hundred Thousand and 00/100 Dollars
($500,000.00) each occurrence combined single limit for
bodily injury and property damage. Coverage shall include
liability for Owned, Non-Owned, Hired, and Any Auto, if
applicable.
C. Workers' Compensation Insurance and Employers' Liability:
Contractor shall maintain Workers' 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 and 00/100 Dollars ($500,000.00) each accident.
Note: Elective exemptions or coverage through an employee
leasing arrangement will NOT satisfy this requirement.
d. Builder's Risk Insurance: Contractor performing construction
or remodeling services shall maintain Builder's Risk
insurance and provide an all risk Completed Value form
Builder's Risk Policy with a deductible not to exceed Ten
Thousand and 00/100 Dollars ($10,000.00) each claim for all
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38*Year(FY 2012-2013)CDBG GvL Capital Improvements Form Agreement
perils except wind and flood. For the peril of wind, Contractor
shall maintain a deductible that is commercially feasible
which does not exceed five percent (5%) of the value of the
Contract Price said percentage to be determined at the sole
discretion of COUNTY's Risk Manager. For the peril of flood,
Contractor shall maintain a deductible that is commercially
feasible which does not exceed One Hundred Thousand and
00/100 Dollars ($100,000.00). Such Policy shall reflect
Broward County, as an additional loss payee. Contractor
shall be responsible for all deductibles.
e. Additional Insured: Contractor shall endorse CITY and
COUNTY as additional insureds to the Commercial General
Liability Policy and any Excess Policies. The additional
insured endorsements shall read "City of Dania Beach,
Florida"and "Broward County."
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 provide 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 issued by approved
companies authorized to do business in the state of Florida
and ha
ving agents upon whom service of process may be
made in Broward County, Florida.
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 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 certificates shall be furnished
at least thirty(30) days prior to the date of their expiration.
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3e Year(FY 2012-2013)CDBG GA Capital Improvements Form Agreement
6.5 Right to Revise or Reject: The Parties reserve the right, but not the obligation, to
review and revise any insurance requirement, not limited to limits, coverage and
endorsements based on insurance market conditions affecting the availability or
affordability of coverage; or changes in the scope of work/specifications affecting
the applicability of coverage. Additionally, the Parties reserve the right, but not
the obligation, to review and reject any insurance policies failing to meet the
criteria stated herein or any insurer providing coverage due of its poor financial
condition or failure too rate le
gally.
egatly.
ARTICLE 7 -ASSURANCES
7.1 The Assurances provided by CITY in this Article shall survive the expiration or
earlier termination of this Agreement.
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,
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.
3e Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form Agreement
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.
The Declaration of Restrictive Covenants shall ensure that the real
property is used for eligible activities consistent with the Rules and
Regulations of H.U.D. and that CITY's overall project to be completed
following acquisition of the property complies with the H.U.D. National
Objective set forth in Exhibit "A," Project Description, consistent with 24
C.F.R. 570.208. The Declaration of Restrictive Covenants shall be
recorded by COUNTY in the Public Records of Broward County, Florida,
prior to the disbursement of any CDBG Funds under this Agreement and
shall be a covenant running with the land for a period five (5) years after
completion of the H.U.D. National Objective. If the CDBG Funds provided
to CITY are in the form of a loan versus a grant, CITY shall execute a
Promissory Note, in favor of COUNTY, in substantially the form provided
by COUNTY to CITY. 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 shall 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.
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3e"'Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form Agreement
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, policie
s, 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.
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 and 00/100 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.
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386 Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form Agreement
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,
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 enf
orcing 9a policy Pro hibitin
g the use of excessive force by law
enforcement agencies within thin its jurisdiction against any individuals engaged in
nonviolent civil rights demonstrations.
ARTICLE 8 -FINANCIAL RESPONSIBILITY
8.1 CITY shall give COUNTY H.U.D. an
d d the U. S. Comptroller
e n General, through
any authorized representative, access to and the right to examine all records,
books, papers, or documents relating to the Project.
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38„Year(FY 2012-2013)CDBG Gvt.Capkel Improvements Form Agreement
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 incor
porated herein n by reference, as may be
amended from time to time whic
h 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 twenty (120) 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.
8.4 CITY shall use all CDBG Funds for the Program 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. Upon the prior written approval of COUNTY, program
income generated as a result of receipt of CDBG Funds under this Agreement
shall be used in one (1) of the following manners:
8.6.1 Added to funds committed to the Project by CITY and used proportionally
to the original funding allocation to further eligible program objectives.
8.6.2 To finance the nonfederal share of the Project.
8.6.3 Only for eligible CDBG activities.
8.6.4 Returned to COUNTY upon written request of the Division.
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
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3e Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form Agreement
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 If CITY causes 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, 2012,
and shall end on September 30, 2013, 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
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 Schedule/Timeline, 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 sho
uld ould specify a reasonable
P Y� ble date for
. P �Y o
compliance.
P
10.3 In the event of termination, all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared, capital
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3&Year(FY 2012-2013)CDBG Gvt.Capital Improvements Forth Agreement
equipment, and any other assets secured b CITY with CDB
y G 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," Budget Table/Costs for Project;
however, after COUNTY provides notice of termination to CITY, 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.
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.
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 3'd Street, Suite 300
Fort Lauderdale, Florida 33301
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3e Year(FY 2012-2013)CDSG Gvt.Capital Improvements Form Agreement
FOR CITY:
Robert Baldwin, City Manager
City of Dania Beach
100 Dania Beach Blvd
Dania Beach, Florida 33304
ARTICLE 12—MISCELLANEOUS
12.1 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE.
No party to this Agreement may discriminate on the basis of race, color, sex,
religion, national origin, disability, age, marital status, political affiliation, sexual
orientation, pregnancy, or gender identity and expression in the performance of
this Agreement. CITY shall comply with all applicable requirements of the
Broward County CBE Program in the award and administration of this
Agreement. Failure by CITY to cant' out any of these requirements shall
constitute a material breach of this Agreement, which shall permit the Board, to
terminate this Agreement or to exercise any other remedy provided under this'
Agreement, or under the Broward County Code of Ordinances, or under the
Broward County Administrative Code, or under applicable law, with all of such
remedies being cumulative.
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.
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 and shall not otherwise unlawfully discriminate in violation of the
Broward County Code, Chapter 16%, as may be amended
from time to time. 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,
as may be amended from time to time). COUNTY hereby materially relies on
such representation in entering into this Agreement. An untrue representation of
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3ew Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form Agreement
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 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.
CITY shall, by written contract, require its subcontractors to comply with the
requirements and obligations of this Section 12.2.
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
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3e Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form Agreement
Florida policies, rules or regulations relating to the use of CDBG Funds provided
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 there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, 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. The Division Director shall be authorized to approve line item
changes to the budget information set out in Exhibit "B," Budget Table/Costs 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
set forth 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 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
o
purposes f this A Agreeme
nt 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.
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3e Year(FY 2012-2013)CDBG Gvt.Capital Improvements Forth Agreement
12.8 CONFLICT OF INTEREST.
CITY shall comply with the requirements of 24 C.F.R. 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 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.
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3e Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form 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, there are no third party beneficiaries to this
Agreement and 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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38"'Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form Agreement
12.16 JOINT PREPARATION.
Each party and its counsel have ful participated IY in the review and revision of
this Agreement and acknowledge that the preparation of this Agreement has
been their joint effort. The language agreed to expresses their mutual intent and
the resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the Parties than the other. The lang
uage
guage
in this Agreement shall be interpreted as to its fair meaning and not strictly for or
against any party.
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 1.12 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.
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381°Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form Agreement
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 manner limiting the specific rights
and obligations set forth in this Agreement, the Parties intend 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 under 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 shall waive 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.
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3e Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form Agreement
12.25 SPECIFIC PERFORMANCE.
In addition to all other remedies, CITY's obligations contained herein shall be
subject to the remedy of specific performance by approp
riateriate 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 County contracts. Although this Agreement
does NOT have assigned CBE goals; pursuant to 24 C.F.R. 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 Intentionally Left Blank)
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3e Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form Agreement
IN WITNESS WHEREOF, the Parties have made and executed this Agreement:
BROWARD COUNTY, through the County Administrator, authorized to execute same
by action of the Board on November 13, 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
Bertha Henry
Print Name
day of , 2013.
Signature
Print Name
Approved as to form by
Joni Armstrong Coffey
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Insurance requirements Fort Lauderdale, Florida 33301
approved by Broward County Telephone: (954) 357-7600
Risk Management Division Telecopier: (954) 357-7641
BY BY
Signature (Date) Patrice M. Eichen (Date)
Assistant County Attorney
Print Name and Title above
PME:dp
38YR CDBG Dania Beach Gvt Capital-Neighborhood Improvement Project Final 020713.doc
02/07/13
$13-129.31
-30 -
381h Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form Agreement
i
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH
PROVIDING FOR FUNDING AND ADMINISTRATION OF 38th YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAMS FOR NEIGHBORHOOD
IMPROVEMENT PROJECT IN THE AMOUNT OF $199,792
CITY
ATTEST: CITY OF DANIA BEACH
By By
City Clerk Signature
Print Name and Title
day of , 2013.
Approved as to legal form:
By
City Attorney
- 31 -
38a'Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form Agreement
EXHIBIT W'
PROJECT DESCRIPTION
Project Name: Neighborhood Improvement Project
Project Description:
CDBG Funds provided by COUNTY under the Agreement shall be used by CITY for
neighborhood infrastructure improvements within CITY's right-of-way. The Project is
estimated to provide for the installation of approximately four (4) street signs and one
(1) entrance sign, approximately 10,000 square feet of driveway pavers with
approximately 500 tons of sub-base materials, and approximately 500 linear feet of
curbing, and landscaping including, but not limited to, sodding, planting of trees, and
reworking/recutting of approximately 2,000 linear feet of swale area.
The Neighborhood Improvement Project is in Census Tract 804.04 Block Group 4, and
is located along SW 28d' Terrace, south of Griffin Road to SW 52md Street, which is the
gateway to CITY's P. J. Meli Park.
CDBG HUD National Objective: 570.208(a) (1)Area Benefit
3e Year(FY 2012-2013)CDBG Gvl.Capital Improvements Form Agreement
EXHIBIT "B"
BUDGET TABLEMOSTS FOR PROJECT
Each cost category below reflects the proposed amount necessary to complete the Project b
P P rY p 1 Y
funding source(s).
Funding Sources
(2) Non-
Cost Category 1 CDBG CDBG 3 Total
A. Personnel $ $
B. Fringe Benefits $ $
C. Travel $ $
j D. Equip ment $ $
E. Supplies $ $
F. Contractual Services $ $500 $ 500
G. Construction $197,750 $197,750
H. Other Permits $ 2,042 $ 2,042
I. Total J $ 199,792 $500 $ 200,292
Page 1 of 4
3e"'Year(FY 2012-2013)CDBG Gvt.Capital Improvements Forth Agreement
EXHIBIT "B"
BUDGET TABLEICOSTS FOR PROJECT
(Continued)
I
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 Funds: $199,792
Construction $197,750
CITY shall utilize the CDBG Funds provided by COUNTY for neighborhood infrastructure improvements
consisting of the installation of approximately four (4) street signs and one (1) entrance sign,
approximately 10,000 square feet of driveway pavers with approximately 500 tons of sub-base materials
for an estimated cost of$143,500.
CITY shall also install approximately 500 linear feet of header curb, and reworkirecut approximately
2,000 linear feet of swale area and restore the swale area with landscaping, including, but not limited to,
approximately seven (7),ten feet(10') high trees and sod for an estimated cost of$54,250.
Other $2,042
CITY shall utilize$2,042 of CDBG Funds for permits required for the Project.
Non-CDBG Funds: $500
Contractual Services
CITY shall expend $500 for Florida Atlantic University, Civil Engineering Program students in their senior
year to provide CITY with concept plans created from their field work. The concept plans shall be used
by CITY in the bid documents and during discussions with the neighborhood residents.
Other Costs
CITY shall provide in-kind services, through its staff, not limited to Project management and engineering
services, as required.
Page 2 of 4
3e Year(FY 2012-2013)CDBG GA.Capital Improvements Form Agreement
EXHIBIT "B"
BUDGET TABLE/COSTS FOR PROJECT
(Continued)
Allowable Cost for U.S. HUD Share of Budoet
Federal cost principles for grants and contracts with state and local governments are stated in
OMB Circular A-87 (now 2 C.F.R. 225), Cost Principles for State, Local and Indian Tribal
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.
Frinne 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
3e Year(FY 2012-2013)COBG Gvt.Capital Improvements Form Agreement
EXHIBIT "B"
BUDGET TABLE/COSTS FOR PROJECT
(Continued)
Travel costs consistent with established organizational policy are generally allowable. The
difference between first class and coach air fare is specifically unallowable. In the absence of
established organizational travel policy, it is a good practice to adopt policies consistent with the
federal travel regulations.
Equipment costs should be based on the least cost method of acquisition (rent, purchase,
lease with option to buy) over the grant period as demonstrated by competitive bidding.
Equipment costs are only allowable to the extent the equipment is directly necessary to
accomplish the grant. The cost of equipment not fully utilized under the grant must be allocated
to other organization costs to assure a fair share distribution. Whenever practical, used
equipment should be considered in meeting equipment needs.
Material cost directly associated with the project 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.
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.
Page 4 of 4
38'h Year(FY 2012-2013)CDBG Gvt.Capital Improvements Forth Agreement
i
EXHIBIT "C"
PROJECT SCHEDULE/TIMELINE
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
Design Project October 1, 2012 February 28, 2013
Consult with residents February 1, 2013 March 30, 2013
Bid and award Project March 1, 2013 April 30, 2013
Construction April 30, 2013 August 31, 2013
Project closeout August 31, 2013 September 30, 2013
38°i Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form Agreement
EXHIBIT'OD"
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 $ $
CDBG Funds $ $
Other Funding $ $
(specify source below)
B.2 Declaration of Agency Budget Changes
Program Income:
Source of Program Income:
Page 1 of 7
3e Year(FY 2012-2013)CDBG Gvt.Capital Improvements Forth Agreement
EXHIBIT"D"
MONTHLY PROGRESS REPORT
(Continued)
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. Office Hours:
2. Resignations:
3. Part-time or Full-time Employee(s):
CA Brief Project Description and Project Location (if applicable, include homeowner's name
and address,general scope of work performed, and associated expenses):
C.2 Describe specific work tasks and status completed this month:
Work Tasks Status (i.e., underway, completed)
Page 2 of 7
38'Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form Agreement
EXHIBIT"D"
MONTHLY PROGRESS REPORT
(Continued)
C.3 Describe success or problems encountered with the Project:
CA Anticipated problems or concerns with Project. Please identify technical assistance
needed and/or requested from Housing Finance and Community Development Division
staff.
C.5 Anticipated advertisements and/or other contractual services. If so, has the
Housing Finance and Community Development Division staff been advised and
appropriate steps taken to assure compliance?
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C.6 If applicable, please complete the following Direct Benefit Report Form provided by
COUNTY on all program participants.
Page 3 of 7
381'Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form Agreement
EXHIBIT"13"
MONTHLY PROGRESS REPORT
(C.6—Continued)
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
;4R N/spanfc
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 Mufti-Racial
2. Total
I
Very Low Income <300/6 of area median
Low Income <50%of area median
Moderate Income <80'/9 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
38'"Year(FY 2012-2013)CDBG Gvt.Capital Improvements Forth Agreement
EXHIBIT"D"
MONTHLY PROGRESS REPORT
(C.6—Continued)
Applicable if implementing 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 impro 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
i
2. Total
Number of beds created in overnight shelter or other emergency housing
3. Total
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Page 5 of 7
3e'"Year(FY 2012-2013)CDBG GvG Capital Improvements Form Agreement
EXHIBIT"D"
MONTHLY PROGRESS REPORT
(C.6—Continued)
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 (HOS or local code)
Units qualified as Energy Star
Units made accessible
Units brought into compliance with lead safety rules (24 C.F.R. Part 35)
1. Total
Number received housing counseling
Number down payment assistancefclosing costs
2. Total
Number of new businesses assisted
Number of existing businesses assisted
Number of existing businesses expanding
Number of existing businesses relocating
Number of businesses assisted with commercial facade 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
ttNB MIA
'DUNS number required for each business
Page 6 of 7
38M Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form Agreement
EXHIBIT"D"
MONTHLY PROGRESS REPORT
(Continued)
D. Program Objectives
* Work Tasks Projected Monthly Progress Supporting
Yearly Total / Progress Yr-To-Date Documentation
Performance
Design Project 1 Copy of design
2 Copies of meeting
Consult with residents minutes
Copy of Bid, plans,
specifications,
Bid and award Project 1 advertisement and Bid
tabulations
Inspection Reports and
as-built plans
Construction 1
Progress Reports, Pay
Requests, Releases of
Project closeout 1 Liens and Final Invoice
*Please list Work Tasks as listed In the Agreements Exhibit"C"(Project Schedule/Tlmeline).
Page 7 of 7
38'"Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form Agreement
EXHIBIT "E"
REQUEST FOR PAYMENT
Community Development Block Grant Program
Year Funding
Contract Period: to
1. Project Name:
2. Organization: Telephone Number:
3. Billing Number:
4. Billing Period Covered:
S. % of Total Contract, Expended thru this Billing:
Total
Expenditures Expenditures Total Expenditures
S.Cost Categories U to Last Billing This Biilin To Date
A. Project Costs
Salary&Fringes
Contractual
Construction
Other Project Costs
Total Expenditures
Funds Obligated:
Funding Agreement)
Balance
B. In4dnd
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Page 1 of 2
3e1h Year(FY 2012-2013)CDBG Gvt.Capftal Improvements Forth Agreement
EXHIBIT"E"
REQUEST FOR PAYMENT
(Continued)
7. Detail of Request for
Payment(Attach copies of
Invoices,Other Applicable
Documentation
Invoke#
Vendor Name IfApplicable) Description of Service Amount
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8. Certification: Total Request for Reimbursement;
1 certify that Items 1 - 7 of this billing are correct and just and are based upon obligation(s) of
record for the Project; that the work and services are In accordance with the Broward County approved
Agreement, Including any amendments thereto; and that the progress of the work and services under the
Project Agreement are satisfactory and are consistent with the amount billed.
Signature and Title of Authorized Official Date
Form 608.700 Revised 06104
Page 2 of 2
3e Year(FY 2012-2013)CDBG Gvt.Capital Improvements Form Agreement