HomeMy WebLinkAboutR-2015-026 - Executed the 40th Year Community Development Block Grant Agreement with Broward County for a Neighborhood Infrastructure Improvement Project known as Oasis X in the amount of $153,487.00 (2) i
RESOLUTION NO. 2015-026
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE THE 40TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND BROWARD
COUNTY IN THE AMOUNT OF $153,487.00 TO PROVIDE FUNDING FOR A
NEIGHBORHOOD INFRASTRUCTURE IMPROVEMENT PROJECT KNOWN
AS OASIS X;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$153,487.00 to provide for a neighborhood improvement project through the Federal
Community Development Block Grant (CDBG) Program;
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 40t' Year
Community Development Block Grant Agreement between the City of Dania Beach, Florida and
Broward County in the amount of$153,487.00,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 appropriate funding to the City's
Neighborhood Infrastructure OASIS X to Grant Account No. 103-39-57-541-63-10.
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repealed to the extent of such conflict.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 March 24, 2015.
ATTEST ®� Aw�`s Fr, T���i-
LOUISE STILSON, CMC CO A. SALVINO, SR.
CITY CLERK MAYOR
APPROVED AS T FORW AND CORRECTNESS:
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THOMA J. SBR
CITY ATTORNEY
2 RESOLUTION#2015-026
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
PROVIDING FOR FUNDING AND ADMINISTRATION OF
40th YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS
for
NEIGHBORHOOD INFRASTRUCTURE IMPROVEMENTS (OASIS PROJECT)
IN THE AMOUNT OF $153,487
INDEX
ARTICLE PAGE
1 DEFINITIONS AND IDENTIFICATIONS .............................................................. 2
2 PREAMBLE.......................................................................................................... 3
3 PROJECT.............................................................................................................4
4 FUNDING AND METHOD OF PAYMENT AND PROVISIONS
RELATING TO THE USE OF THE FUNDS.......................................................... 8
5 LIABILITY AND INDEMNIFICATION.................................................................. 10
6 INSURANCE ...................................................................................................... 11
7 ASSURANCES AND CERTIFICATIONS ........................................................... 11
8 FINANCIAL RESPONSIBILITY .......................................................................... 15
9 TERM OF AGREEMENT.................................................................................... 17
10 TERMINATION................................................................................................... 17
11 NOTICES ........................................................................................................... 19
12 MISCELLANEOUS............................................................................................. 20
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
EXHIBIT "F" INSURANCE CERTIFICATE
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AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
PROVIDING FOR FUNDING AND ADMINISTRATION OF
40th YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS
for
NEIGHBORHOOD INFRASTRUCTURE IMPROVEMENTS (OASIS PROJECT)
IN THE AMOUNT OF $153,487
This is an Agreement ("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
("HUD") pursuant to 24 CFR Part 570; and
WHEREAS, on May 13, 2014, the Board adopted Resolution #2014-293
approving funding to CITY under COUNTY's CDBG Program for infrastructure
improvements in CITY, under the terms more specifically described herein; NOW,
THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payments hereinafter set forth, the Parties agree as follows:
ARTICLE 1 - DEFINITIONS AND IDENTIFICATIONS
The following definitions apply unless the context in which the word or phrase is used
requires a different definition:
1.1 Agreement - This Agreement includes Articles 1 through 12, the exhibits and
documents that are expressly incorporated herein by reference.
1.2 Board - The Board of County Commissioners of Broward County, Florida.
1.3 CDBG Funds - The Community Development Block Grant Funds provided to CITY
under this Agreement.
1.4 CDBG Program or Program - The Community Development Block Grant Program
applied for by COUNTY and awarded by HUD, as authorized pursuant to Title I of the
Housing and Community Development Act of 1974, Public Law 93-383, as amended,
and codified at 42 U.S.C. 5301 et seq.
1.5 CFR - The Code of Federal Regulations is the codification of rules and regulations
published in the Federal Register by the executive departments and agencies of the
federal government of the United States.
1.6 Contract Administrator- The Community Development Specialist or Division Manager
designated by the Division Director. The primary responsibilities of the Contract
Administrator are to coordinate and communicate with CITY's Designated
Representative to manage and supervise execution and completion of the Project and
the terms and conditions of this Agreement as set forth herein. In the administration of
this Agreement, as contrasted with matters of policy, the Parties may rely on the
instructions or determinations made by the Contract Administrator; provided, however,
that such instructions and determinations do not change the Project.
1.7 County Administrator- The administrative head of COUNTY appointed by the Board.
1.8 County Attorney -The chief legal counsel for COUNTY appointed by the Board.
1.9 Division - The Housing Finance and Community Development Division.
1.10 HUD - The United States Department of Housing and Urban Development.
1.11 OMB - The Office of Management and Budget of the Federal Government.
1.12 Project- The Project consists of the services described Article 3.
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1.13 Rules and Regulations of HUD - The rules and regulations of HUD including, but not
limited to, 24 CFR Part 570, "Community Development Block Grant Regulations"; and
the applicable provisions under the following: 24 CFR Part 85, "Administrative
Requirements for Grants and Cooperative Agreements to State, Local, and Federally
Recognized Indian Tribal Governments"; OMB Circular No. A-87 implemented at 2 CFR
Part 225, "Cost Principles for State, Local and Indian Tribal Governments"; OMB
Circular No. A-133, "Audits of States, Local Governments and Non-Profit
Organizations"; 24 CFR Part 91 "Consolidated Submissions for Community Planning
and Development Programs"; and any Executive Orders issued by the Federal
Government impacting the CDBG Program; as amended from time to time, and which
are incorporated herein by reference.
ARTICLE 2 - PREAMBLE
2.1 Title I of the Housing and Community Development Act of 1974 (Public Law 93-383), as
amended, 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 COUNTY were
determined through consultation with representatives of the community participating in
COUNTY's CDBG Program.
2.2 Pursuant to 24 CFR Part 570.302, the Project was included in COUNTY's CDBG
Program Consolidated Plan submission to HUD in accordance with 24 CFR Part 91,
and is eligible to receive CDBG Funds as it complies with at least one (1) of the
following three (3) national objectives under 24 CFR Parts 570.200(a)(2) and 570.208:
2.2.1 Activities benefiting low and moderate income persons.
2.2.2 Activities which aid in the prevention or elimination of slums or blight.
2.2.3 Activities designed to meet community development needs having a particular
urgency.
2.3 Under the Rules and Regulations of HUD, COUNTY is the administrator for the
Program and is mandated to comply with all applicable statutes, rules, and regulations
of the United States relating to the allocation and expenditure of CDBG Funds as well
as protecting the interests of certain classes of individuals who reside in COUNTY.
2.4 COUNTY desires to disburse CDBG Funds to CITY and has obtained assurances from
CITY that it will comply with all applicable statutes, codes, rules, and regulations of the
United States, the Rules and Regulations of HUD, the State of Florida, and 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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2.5 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.
2.6 In the event CITY is found to be taking actions designed to discourage affordable
housing for sale or rent within the boundaries of COUNTY, CITY shall not be eligible to
receive CDBG Funds under this Agreement.
2.7 This Agreement is subject to the availability of funds as more specifically described in
Section 4.14 and Article 10.
ARTICLE 3 - PROJECT
3.1 CITY shall provide and implement neighborhood infrastructure improvements as
outlined in Exhibit "A," Project Description, attached hereto. The Project complies with
the national objective under 24 CFR Part 570.208(b)(1), "Activities to address slums or
blight on an area basis." In the event the Project is 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 Schedule/Timeline 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 to meet
HUD's required expenditure rates for the Program year. In the event CITY fails to
maintain the implementation schedule within ninety (90) days of the deadlines identified
in Exhibit "C," COUNTY may terminate this Agreement in accordance with Article 10,
and all uncommitted and unexpended funds may be transferred to the contingency
account or be reprogrammed consistent with the Housing and Community Development
Act of 1974, as amended (42 U.S.C. Section 5301-5320).
3.3 All plans and specifications 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 performed in accordance with the approved plans
and specifications or when, in the Division Director's judgment, CITY, or any third party
providing services on behalf of CITY under this Agreement, has violated federal
guidelines or 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 evaluations by the Division. Such evaluations will be based on the terms of
this Agreement, comparisons of planned versus actual progress relating to the Project's
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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 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 HUD on forms approved by the Division Director.
3.6 In the event CITY uses any third party contractor(s) ("Contractor") to perform any work
or activities for the Project, CITY shall comply with the following requirements:
3.6.1 CITY shall provide the Contract Administrator with a copy of all contracts and
correspondence between CITY and the Contractor, and any correspondence
related thereto, if requested by COUNTY.
3.6.2 CITY's contract for design professional services shall include, but is not limited
to, civil, structural, mechanical, and electrical engineering, and architectural
services, as applicable for the Project, including all necessary, incidental and
related activities and services required by the Project's scope and contemplated
in the Contractor's level of effort. The following requirements shall be applicable
to the preparation of schematic design, design development, and contract
documents:
a) Schematic Design. The Contractor shall prepare and submit for approval
by CITY, Schematic Design Documents consisting of drawings and other
documents illustrating the scale and relationship of Project components.
CITY shall provide the Contract Administrator with a copy of the approved
Schematic Design Documents. Additionally, the Contractor shall submit to
CITY a written Statement of Probable Construction Cost based on current
area, volume, or other unit costs. The Contractor shall research all
applicable codes, ordinances, rules, regulations, and requirements of
governmental authorities having jurisdiction over the Project
b) Design Development. The Contractor shall prepare and submit for
approval by CITY, Design Development Documents consisting of
drawings and other documents describing the size and character of the
entire Project including, as applicable, architectural, structural,
mechanical, electrical, material specifications, and such other essential
elements as may be appropriate. CITY shall provide the Contract
Administrator with a copy of the approved Design Development
Documents. The Contractor shall consider the availability of materials,
equipment, and labor, construction sequencing and scheduling, economic
analysis of construction and operations, user safety, maintenance
requirements, and energy conservation.
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The Design Development Documents shall include, 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, elevations, and 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 including, but not limited to,
reviewing and updating previously established schedules; and
3. Written Statement of Probable Construction Cost including, but not
limited to, updating and refining the Schematic Design Phase
Statement of Probable Construction Cost.
c) Contract Documents. The Contractor shall prepare from the approved
Design Development Documents the working drawings and specifications,
setting forth in detail the work to be done, 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 Contractor
shall, in the preparation of the drawings and specifications for
construction, take into account all prevailing codes and regulations
governing construction in Broward County, and update and revise the
Probable Construction Costs, as necessary. The Contract Documents
shall be sufficiently complete and include sufficient detail to permit
issuance of a building permit and obtain responsive bids. CITY shall
provide a copy of the final Contract Documents to the Contract
Administrator, if requested by COUNTY.
3.6.3 CITY's contract for any construction-related activities shall include, but is not
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 all requirements and provisions of the codes as
defined by plan review incident to permitting. The Project also includes all Project
site preparations including, but not limited to, pre-inspection, examination, tests
and borings, and discovery of the site conditions and other similar activities.
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3.7 At the conclusion of each design phase provided for in Subsection 3.6.2, CITY shall
provide the associated deliverable and shall submit an invoice for payment utilizing the
form provided in Exhibit "E," Request for Payment."
3.8 CITY's construction activities shall be in accordance with 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
Project's construction schedule shall be updated at least monthly by CITY or its
construction contractor.
3.9 CITY shall use its own procurement procedures for the procurements of property and
services, which shall comply with applicable state and local laws and regulations, and
all procurements shall conform to applicable federal law and the standards set forth in
24 CFR Part 85.36, Procurement.
3.10 CITY shall submit written notification to the Division of all pre-bid and preconstruction
meetings at least two (2) weeks prior to the actual date of the meetings.
3.11 All change orders shall receive prior written approval from the Contract Administrator.
3.12 At the completion of the Project, "as-built" drawings, when determined necessary by the
Division Director, shall be submitted to the Division prior to approval of the final payment
by COUNTY.
3.13 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 through no fault of CITY, COUNTY shall grant a
reasonable extension of time for completion of the services, provided that such
extension shall be 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.
3.14 CITY shall meet or exceed the standards described in the Project Description attached
hereto as Exhibit "A," if applicable, and all applicable codes, ordinances, statutes, and
any other regulations imposed by any regulatory body or authority governing the design,
permitting, construction, and approval of the Project.
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 utilizing the form provided
in Exhibit "D," attached hereto, which shall indicate the status of all outstanding work
that has been authorized by COUNTY for the Project, including the planned versus
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actual progress of each individual project based on the Project's schedule and budget.
Such reports shall be submitted to the Division on the first business day following the
end of the preceding month.
3.17 No extension of time shall be granted for delays resulting from normal weather
conditions prevailing in the area as defined by the average of the last ten (10) years of
weather data recorded in the Fort Lauderdale/Hollywood International Airport Weather
Station.
ARTICLE 4 - FUNDING AND METHOD OF PAYMENT AND
PROVISIONS RELATING TO THE USE OF THE FUNDS
4.1 The maximum amount payable by COUNTY under this Agreement shall be One
Hundred Fifty-three Thousand Four Hundred Eighty-seven Dollars ($153,487).
4.2 COUNTY shall reimburse CITY for the Project expenses incurred as provided in Exhibit
"B," Budget Table/Costs For Project, attached hereto, provided a suspension of
payment as provided in this Agreement has not occurred, and provided further that
CITY complies with the procedures for invoices and payments as set forth in this Article.
At no time shall COUNTY distribute CDBG Funds to CITY if it has not provided the
required deliverables.
4.3 CITY shall invoice COUNTY monthly utilizing the form provided in Exhibit "E," Request
for Payment, for Project costs described in Exhibit "A," Project Description, on the
following basis:
4.3.1 CITY shall provide COUNTY with an executed original of all third party contracts
authorizing work or activities to be performed for the Project.
4.3.2 CITY shall provide COUNTY with documentation of any leveraging, as described
in Exhibit "B," Budget Table/Costs for Project, which has occurred during each
month.
4.3.3 CITY shall submit a certified copy of the purchase order or other CITY document
authorizing the work or activities for which it is invoicing.
4.3.4 CITY shall submit to COUNTY a certified copy of all third party contractor
invoices for the Project indicating the work or activities performed and the date
rendered.
4.3.5 CITY's administrator or the administrator's authorized representative shall certify
that the work or activities being invoiced have been completed.
4.4 CITY's invoices for reimbursement of construction expenditures shall identify the
specific project number, nature of the work performed, phase of work, estimated percent
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of work accomplished, and include a summary of fees with accrual of the total and
credits for portions paid previously. Invoices for each phase shall not exceed the
amounts allocated to that phase.
4.5 Following receipt of invoices and supporting documentation, as described in Section
4.3, the Division shall review the invoices and documentation to determine whether the
items invoiced have been received or completed and that the invoiced items are proper
for payment. Upon determination by the Division that the items invoiced have been
received or completed, the Division shall make payment to CITY the amount it
determines to be payable. Payment for travel expenses, if any, shall be made in
accordance with COUNTY guidelines for travel reimbursement.
4.6 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.
4.7 CITY shall not be entitled to payment by COUNTY for any invoices received by
COUNTY later than sixty (60) days after expiration or termination of this Agreement,
except for any invoice for release of retainage held by COUNTY, which requires CITY to
provide release of liens. The release of retainage by COUNTY upon CITY's submittal of
the release of liens shall survive expiration or earlier termination of this Agreement.
4.8 COUNTY shall pay CITY within thirty (30) calendar days from receipt of CITY's Request
for Payment for reimbursement of eligible Project expenses, in accordance with
COUNTY's Prompt Payment Ordinance, Section 1-51.6, Broward County Code of
Ordinances, 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 invoices. 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.
4.9 CITY shall notify the Division at least forty-eight (48) hours in advance of the date that
work on the Project will be initiated in order that on-site inspections may be conducted
by COUNTY.
4.10 CITY shall expend the CDBG Funds allocated to the Project by the end of the term of
this Agreement. All CDBG Funds not expended within the term of this Agreement shall
remain in the custody and control of COUNTY.
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4.11 COUNTY may suspend payment under this Agreement for any of the following events:
4.11.1 Ineligible use of CDBG Funds;
4.11.2 Failure to comply with the terms of this Agreement;
4.11.3 Failure to submit reports as required, including a favorable audit report;
4.11.4 Submittal of incorrect or incomplete reports in any material respect; and
4.11.5 Failure to comply with the indemnification obligations under this Agreement.
In the event COUNTY elects to withhold payment to CITY pursuant to this Section 4.11,
COUNTY shall specify the action(s) that must be taken by CITY as a condition
precedent to resumption of payments, and should specify a reasonable date for
compliance.
4.12 Payments to CITY shall be sent to:
Robert Baldwin, City Manager
City of Dania Beach
100 Dania Beach Blvd.
Dania Beach, Florida 33004
4.13 Any documentation required under this Agreement shall be furnished to COUNTY at the
following address:
Ralph Stone, Director
Broward County Housing Finance and Community Development Division
110 N.E. 3�d Street-Third Floor
Fort Lauderdale, Florida 33301
4.14 Notwithstanding anything to the contrary in this Agreement, COUNTY shall not be
required to reimburse CITY any CDBG Funds under this Agreement, if COUNTY is not
able to obtain such funding from HUD for the payment of these costs.
ARTICLE 5 - LIABILITY AND 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.
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5.2 In the event CITY contracts with a third party contractor(s) ("Contractor") to perform any
of the work or activities for the Project, any contract with such Contractor shall include
the following provisions:
5.2.1 Indemnification: To the fullest extent permitted by law, Contractor shall indemnify
and hold harmless Broward 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 Contractor and persons employed or utilized by 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 In the event CITY contracts with a third party contractor(s) ("Contractor") to provide any
of the work or activities set forth herein, any contract shall require the Contractor, at a
minimum, to maintain in full force and effect, at Contractor's sole cost and expense,
during the term of the contract, insurance of the types and amounts as provided in
Exhibit "F," Insurance Requirement, attached hereto and name Broward County as an
additional insured.
ARTICLE 7 -ASSURANCES AND CERTIFICATIONS
7.1 CITY shall comply with all applicable federal, state, and county laws, ordinances, codes,
and regulations relating to the use of CDBG Funds including, but not limited to, the
Rules and Regulations of HUD. Any conflict or inconsistency between any federal,
state, or county regulations and this Agreement shall be resolved in favor of the more
restrictive regulations.
7.2 CITY shall establish safeguards to prohibit its employees from using their 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 a family, business, or
other association.
7.3 CITY shall comply with the requirements set forth in the Division's "Procedures Manual
for Subrecipients," as may be amended from time to time, and incorporated herein by
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reference. COUNTY will provide CITY with a copy of the manual and any amendments
thereto.
7.4 CITY shall not use CDBG Funds to support inherently religious activities including, but
not limited to, worship, religious instruction, or prose lytization.
7.5 CITY certifies, to the best of its knowledge and belief, that:
7.5.1 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 an agency, a member, 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 or loan, the entering into any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
7.5.2 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, officer, or employee of Congress, or an employee of a
member of Congress in connection with this Agreement, CITY shall complete
and submit to COUNTY Standard Form - LLL, "Disclosure Form to Report
Lobbying," set forth in Appendix B to 24 CFR Part 87, in accordance with its
instructions.
7.5.3 The language in this Section 7.5 shall be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and all subgrantees shall be required
to certify and disclose accordingly.
7.6 CITY shall comply with the nondiscrimination and equal opportunity requirements set
forth in 24 CFR Part 5.105, Other Federal requirements, as applicable to the Project,
including, but not limited to, the following:
7.6.1 Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.),
and implementing regulations at 24 CFR Part 146, which prohibit discrimination
of persons on the basis of race, color, or national origin, including, but not limited
to, exclusion from participation in, being denied the benefits of, or being
otherwise subjected to discrimination under any program or activity for which
CITY receives federal financial assistance.
7.6.2 Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended by the
Fair Housing Amendments Act of 1988 (42 U.S.C. 3601 et seq.), which prohibit
discrimination of persons on the basis of race, color, religion, sex, and national
origin in housing practices.
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7.6.3 Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.), and the
implementing regulations at 24 CFR Part 146, which prohibit discrimination of
persons on the basis of age under any program, or activity for which CITY
receives federal financial assistance.
7.6.4 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the
implementing regulations at 24 CFR Part 8, which prohibit discrimination of
qualified individuals with disabilities in participating in, or receiving benefits and
services under any program or activity for which CITY receives financial federal
assistance.
7.6.5 Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.), which requires
certain federally funded buildings and other facilities to be designed, constructed,
or altered in accordance with standards that ensure accessibility to, and use by,
physically handicapped persons.
7.6.6 Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C.
12101 et seq.), which prohibits discrimination of individuals on the basis of race,
color, sex, national origin, religion, or age.
7.6.7 Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u,
and the implementing regulations at 24 CFR Part 135, as applicable), which
provides for training, employment, contracting, and other economic opportunities
for low and very low-income persons.
7.7 CITY certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this Agreement or any federal assistance program subject to 2 CFR Part 2424. CITY
shall not knowingly enter into any third party contract for Project services under this
Agreement, or other covered transaction, with a person or entity which is similarly
debarred or suspended from providing services under this Agreement.
7.8 CITY certifies that it is in compliance with the Drug-Free Workplace Act of 1988
(41 U.S.0 701 et seq.) implemented at 2 CFR Part 2429, and shall administer, in good
faith, a policy designed to ensure a workplace free from the illegal use, possession, or
distribution of drugs or alcohol by its beneficiaries.
7.9 CITY shall comply with the recordkeeping and reporting requirements under this
Agreement and 24 CFR Parts 85 and 570, as applicable.
7.10 Real property acquired utilizing CDBG Funds provided under this Agreement shall be
used for the original approved purpose, and CITY shall demonstrate significant progress
with the Project within twelve (12) months of the acquisition. In the event such progress
is not evidenced nor commenced within the specified time period, CITY shall transfer
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ownership of the property acquired with CDBG Funds to COUNTY, if COUNTY so
requests in writing. Method of transfers of real property acquired with or improved with
CDBG Funds shall be accomplished after written approval by the Division Director.
7.11 In addition to the reversion of assets requirements set forth in Section 8.7, 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 CFR Part 85 after CITY
has requested disposition instructions.
7.12 In the event there is any construction work over $2,000.00 financed in whole, or in part,
with CDBG Funds under this Agreement, CITY shall, if applicable, comply with the
Davis-Bacon Act, (40 U.S.C. 276a-276a-7), as supplemented by the United States
Department of Labor regulations (24 CFR Part 5), 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.
7.13 In the event CITY is seeking to use CDBG Funds for payment of impact fees, CITY shall
first attempt to secure a waiver of such impact fees. In the event CITY is unsuccessful in
obtaining a waiver, CITY shall submit to the Division documentation reflecting CITY's
unsuccessful efforts prior to utilization of CDBG Funds for payment of impact fees.
7.14 In accordance with Section 519 of the 1990 HUD Appropriations Act (Public Law 101-
140) and Section 906 of the National Affordable Housing Act of 1990, which amended
Title I of the Housing and Community Development Act of 1974, CITY certifies that it
has adopted and is enforcing policies within its jurisdiction that:
7.14.1 Prohibit the use of excessive force by law enforcement agencies against any
individuals engaged in non-violent civil rights demonstrations; and
7.14.2 Enforce applicable State and local laws which prohibit any action which
physically bars an entrance to or exit from, a facility or location where a
non-violent civil rights demonstration is being conducted.
7.15 CITY shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as
supplemented in the United States Department of Labor regulations at 29 CFR Part 3.
7.16 In addition to the equal employment opportunity requirements set forth in Section 12.2,
CITY shall comply with, as applicable, Executive Order 11246, "Equal Employment
Opportunity," as amended by Executive Order 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity," and as supplemented by regulations
at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."
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I
7.17 CITY shall comply with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-330), as supplemented by the United States Department
of Labor regulations at 29 CFR Part 5, if CDBG Funds under this Agreement exceed
$100,00.
7.18 CITY shall comply with all applicable standards, orders, or requirements issued under
Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water
Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR Part 15), if CDBG Funds under this Agreement exceed $100,000.
7.19 CITY shall comply with the mandatory standards and policies relating to energy
efficiency set forth in the State of Florida's energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (Public Law 94-163,
89 Statute 871).
7.20 If applicable, CITY shall comply with Section 202(a) of the Flood Disaster Protection Act
of 1973 (42 U.S.C. 4106) and the applicable regulations at 44 CFR Parts 59 -79, for
activities located in an area identified by the United States, Federal Emergency
Management Agency (FEMA) as having special flood hazards.
7.21 In addition to the audit rights, and retention of records requirements set forth in Section
12.4, CITY shall provide COUNTY, HUD, and the Comptroller General of the United
States, through any of their duly authorized representative, access to any books,
documents, papers, and records of CITY, or its third party contractors providing Project
services under this Agreement, which are directly pertinent to this Agreement for the
purpose of making audit, examination, excerpts, and transcriptions. The rights of access
granted under this Section 7.21 shall not be limited to the required retention of records
period set forth in Section 12.4, and shall remain in effect for as long as the records are
retained.
ARTICLE 8 - FINANCIAL RESPONSIBILITY
8.1 CITY shall comply with the requirements and standards of OMB Circular A-87
implemented at 2 CFR Part 225, "Cost Principles for State, Local and Indian Tribal
Governments," and the applicable provisions under 24 CFR Part 85.
8.2 CITY shall comply with the audit requirements of OMB Circular A-133, "Audits of States,
Local Governments and Non-Profit Organizations." The audit must be filed with
COUNTY within one hundred twenty (120) days after the close of the fiscal year of
CITY. All CDBG Funds provided by COUNTY should be shown via explicit disclosure in
the annual financial statements or the accompanying notes to the financial statements.
8.3 CITY shall use CDBG Funds only for eligible Project activities specifically outlined in this
Agreement.
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8.4 CITY shall budget and expend all CDBG Funds provided by COUNTY under this
Agreement in accordance with the Division's "Procedures Manual for Subrecipients."
8.5 In addition to COUNTY's right to terminate this Agreement in accordance with Article 10,
CITY shall be required to repay to COUNTY, in COUNTY's sole discretion, any CDBG
Funds determined by COUNTY to be ineligible for reimbursement under the terms of
this Agreement including, but not limited to, in the following events:
8.5.1 Use of any CDBG Funds for ineligible Project expenses or activities, including
any over payments by COUNTY.
8.5.2 Any CDBG Funds expended by CITY, or any of its third party contractors, in
violation of this Agreement.
8.5.3 Failure to complete the Project in a manner which complies with the national
objective(s) described in this Agreement.
In the event CITY is required to repay COUNTY any CDBG Funds pursuant to this
Section 8.5, CITY shall repay such funds from nonfederal resources within thirty (30)
days of notice provided by COUNTY, and if not paid, COUNTY may, in its sole
discretion, elect to withhold payment on any subsequent request for payment by CITY,
or reduce CITY's obligation to repay COUNTY by making an administrative offset
against any request for payment. COUNTY, in its sole discretion, may reallocate any
funds CITY repays to COUNTY pursuant to the terms of this Agreement to other eligible
CDBG projects. This provision shall survive the expiration or earlier termination of this
Agreement.
8.6 CITY shall account for "Program Income," as defined in 24 CFR Part 570.500(a),
related to the Project in accordance with the provisions under 24 CFR Part 570.504.
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 Only for eligible CDBG activities.
8.6.3 Returned to COUNTY upon written request of the Division.
8.7 Reversion of Assets. Upon the expiration or earlier termination of this Agreement, CITY
shall comply with the requirements under 24 CFR Parts 570.503 and 570.505 and 24
CFR Part 85, as applicable, including, but are not limited to, the following:
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8.7.1 CITY shall transfer to COUNTY any CDBG Funds on hand and any accounts
receivable attributable to the use of CDBG Funds under this Agreement.
8.7.2 Real property under CITY's control that was acquired or improved, in whole or in
part, with CDBG Funds in excess of $25,000 shall be used to meet one of the
CDBG National Objectives pursuant to in 24 CFR Part 570.208 until five (5)
years after expiration of this Agreement, or for such longer period of time as
determined to be appropriate by COUNTY. In the event CITY fails to use
CDBG-assisted real property in a manner that meets a CDBG National Objective
for the prescribed period of time, CITY shall pay COUNTY an amount equal to
the current fair market value of the property less any portion of the value
attributable to expenditures of non-CDBG funds for acquisition of, or
improvement to, the property. Such payment shall constitute Program Income to
COUNTY.
8.8 Disposition of Equipment. CITY shall comply with requirements for use and disposition
of equipment acquired in whole, or in part, with CDBG Funds under this Agreement in
accordance with 24 CFR Part 85.32.
ARTICLE 9 -TERM OF AGREEMENT
The term of this Agreement shall commence retroactively to October 1, 2014, and shall
end on September 30, 2015, unless terminated earlier or extended pursuant to the terms of
this Agreement. CITY may submit a written request for an extension to the term of this
Agreement to the Division Director no less than ninety (90) days prior to the expiration date. In
the event the Division Director approves an extension to the term of this Agreement, the
Parties shall enter into an amendment as provided in Section 12.18.
ARTICLE 10 -TERMINATION
10.1 This Agreement is subject to the availability of CDBG funding from HUD. In the event
HUD terminates, suspends, discontinues, or substantially reduces the CDBG funding for
the Project activity under this Agreement, COUNTY may terminate this Agreement upon
CITY's receipt from COUNTY of no less than twenty-four (24) hours' notice. COUNTY
shall be the final authority as to the availability of CDBG Funds.
10.2 Termination for Cause.
10.2.1 This Agreement may be terminated for cause by COUNTY, at the discretion of
and through the County Administrator, if CITY fails to comply with any terms
under this Agreement and has not corrected the breach within five (5) days after
receipt of written notice from COUNTY identifying the breach. Any notice of
termination provided by COUNTY pursuant to this Subsection 10.2.1 shall also
provide CITY with an opportunity to appeal the action, and a copy of the appeal
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process shall be attached to the notice. CITY shall file an appeal within five (5)
days of receipt of COUNTY's notice of termination.
10.2.2 Termination for cause by COUNTY may include, but is not limited to, CITY's
failure to commence work on the Project, as set forth in Exhibit "C," Project
Schedule/Timeline, within ninety (90) days from the date of full execution of this
Agreement by the Parties, repeated (whether negligent or intentional) submission
for payment of false or incorrect bills or invoices, failure to suitably perform the
work, failure to continuously perform the work in a manner calculated to meet or
accomplish the objectives as set forth in this Agreement, failure to repay
COUNTY as provided for in Section 8.5, or contracting with a third party
contractor to provide any Project services under this Agreement who has been
debarred, suspended, or is otherwise excluded from, or ineligible for participation
in, any federal assistance program subject to 2 CFR Part 2424. The Agreement
may also be terminated for cause if CITY is placed on the Scrutinized Companies
with Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida
Statutes.
10.2.3In the event this Agreement is terminated by COUNTY for cause, CITY shall
repay to COUNTY any CDBG Funds determined by COUNTY to be due in
accordance with Section 8.5. COUNTY may, in its sole discretion, reduce CITY's
obligation to repay COUNTY by making an administrative offset against any
requests by CITY for payment up to the effective date of termination as provided
in Section 10.4.
10.3 Termination for Convenience. This Agreement may be terminated for convenience by
either party, which termination date shall be not less than thirty (30) days after the date
of such written notice. Termination for convenience for COUNTY shall be by the Board.
This Agreement may also be terminated by the County Administrator upon such notice
as the County Administrator deems appropriate under the circumstances in the event
the County Administrator determines that termination is necessary to protect the public
health, safety, or welfare. If COUNTY erroneously, improperly, or unjustifiably
terminates for cause, such termination shall be deemed a termination for convenience,
which shall be effective thirty (30) days after such notice of termination for cause is
provided.
10.4 In the event this Agreement is terminated for any reason, COUNTY will reimburse CITY
upon receipt of a Request for Payment utilizing the form provided in Exhibit "E," for
documented and committed eligible Project expenses in accordance with the terms of
this Agreement and Exhibit "B," Budget Table/Costs for Project, incurred by CITY prior
to the effective date of termination of this Agreement. For purposes of this Agreement,
documented and committed eligible Project expenses means any verifiable committed
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expense including, but not limited to, a Purchase Order for payment of materials and
supplies, executed by CITY or a third party contractor on CITY's behalf, for Project
activities under this Agreement. However, CITY shall not encumber any CDBG Funds
under this Agreement after either party provides written notice of termination to the
other party. Any payment by COUNTY pursuant to this Section 10.4 is subject to the
repayment provisions in Section 8.5, and COUNTY shall not be required to reimburse
CITY for any or all of the CDBG Funds requested by CITY where COUNTY has
determined that CITY failed to complete the Project in a manner which complies with
the national objective(s) described in this Agreement.
10.5 Notice of suspension or termination of this Agreement shall be provided in accordance
with the "NOTICES" section of this Agreement except that notice of termination by the
County Administrator, which the County Administrator deems necessary to protect the
public health, safety, or welfare may be verbal notice that shall be promptly confirmed in
writing in accordance with the "NOTICES" section of this Agreement.
10.6 In the event this Agreement is terminated for any reason, any amounts due CITY shall
be withheld by COUNTY until all documents are provided to COUNTY pursuant to
Section 12.1 of Article 12.
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 N.E. 3rd Street-Third Floor
Fort Lauderdale, Florida 33301
FOR CITY:
Robert Baldwin, City Manager
City of Dania Beach
100 Dania Beach Blvd.
Dania Beach, Florida 33004
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ARTICLE 12 - MISCELLANEOUS
12.1 RIGHTS IN DOCUMENTS AND WORK
Any and all reports, photographs, surveys, and other data and documents provided or
created in connection with this Agreement are and shall remain the property of
COUNTY, and, if a copyright is claimed, CITY grants to COUNTY and the Federal
Government a non-exclusive, royalty free, and irrevocable license to use the
copyrighted item(s) indefinitely, to prepare derivative works, and to make and distribute
copies to the public. In the event of termination of this Agreement, any reports,
photographs, surveys, and other data and documents prepared by CITY, whether
finished or unfinished, shall become the property of COUNTY, including, any patent
rights with respect to any discovery or invention which arises or is developed in the
course of or under this Agreement, and shall be delivered by CITY to the Contract
Administrator within seven (7) days of termination of this Agreement by either party. Any
compensation due to CITY shall be withheld until all documents are received as
provided herein.
12.2 EQUAL EMPLOYMENT OPPORTUNITY
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 Business
Enterprise ("CBE") Program in the award and administration of this Agreement. Failure
by CITY to carry 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 third party
contractor providing services under this Agreement, except that any project assisted by
the U.S. Department of Transportation funds shall comply with the non-discrimination
requirements in 49 CFR Parts 23 and 26. 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 Chapter 16Y, Broward County
Code of Ordinances. 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
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of disability), and all applicable regulations, guidelines, and standards. In addition, CITY
shall take affirmative steps to prevent discrimination in employment against disabled
persons.
By execution of this Agreement, CITY represents that it has not been placed on the
discriminatory vendor list as provided in Section 287.134, Florida Statutes. COUNTY
hereby materially relies on such representation in entering into this Agreement. An
untrue representation of the foregoing shall entitle COUNTY to terminate this
Agreement and recover from CITY monies paid by COUNTY pursuant to this
Agreement, and may result in debarment from COUNTY's competitive procurement
activities.
12.3 PUBLIC RECORDS
COUNTY is a public agency subject to Chapter 119, Florida Statutes. To the extent
CITY is acting on behalf of COUNTY pursuant to Section 119.0701, Florida Statutes,
CITY shall:
12.3.1 Keep and maintain public records that ordinarily and necessarily would be
required to be kept and maintained by COUNTY were COUNTY performing the
services under this Agreement;
12.3.2 Provide the public with access to such public records on the same terms and
conditions that COUNTY would provide the records and at a cost that does not
exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided
by law;
12.3.3 Ensure that public records that are exempt or that are confidential and exempt
from public record requirements are not disclosed except as authorized by law;
and
12.3.4 Meet all requirements for retaining public records and transfer to COUNTY, at no
cost, all public records in possession of CITY upon termination of this Agreement
and destroy any duplicate public records that are exempt or confidential and
exempt. All records stored electronically must be provided to COUNTY in a
format that is compatible with the information technology systems of COUNTY.
The failure of CITY to comply with the provisions set forth in this Section 12.3 shall
constitute a default and breach of this Agreement and COUNTY shall enforce the
default in accordance with the provisions set forth in Section 10.2.
12.4 AUDIT RIGHTS, AND RETENTION OF RECORDS
COUNTY shall have the right to audit the books, records, and accounts of CITY and its
third party contractors performing services for the Project, for the period of time required
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by 24 CFR Part 570, if such retention period is greater than that required by the Florida
Public Records Act, Chapter 119, Florida Statutes. CITY and its third party contractors
performing services for the Project 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 third party contractors performing
services for the Project 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 third
party contractor, as applicable, shall make same available at no cost to COUNTY in
written form.
CITY and its third party contractors performing services for the Project 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
four (4) years after termination of this Agreement. If any audit has been initiated and
audit findings have not been resolved at the end of the retention period or four (4) years,
whichever is longer, the books, records, and accounts shall be retained until resolution
of the audit findings. 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 ensure that the requirements of this Section 12.4 are included in all
agreements with its third party contractors performing services for the Project.
12.5 PUBLIC ENTITY CRIME ACT
CITY represents that the execution of this Agreement will not violate the Public Entity
Crime Act, Section 287.133, Florida Statutes, which essentially provides that a person
or affiliate who is a contractor, consultant, or other provider and who has been placed
on the convicted vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to COUNTY, may not
submit a bid on a contract with COUNTY for the construction or repair of a public
building or public work, may not submit bids on leases of real property to COUNTY, may
not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with COUNTY, and may not transact any business with COUNTY in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for
category two purchases for a period of thirty-six (36) months from the date of being
placed on the convicted vendor list. Violation of this section shall result in termination of
this Agreement and recovery of all monies paid by COUNTY pursuant to this
Agreement, and may result in debarment from COUNTY's competitive procurement
activities.
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In addition to the foregoing, CITY further represents that there has been no
determination, based on an audit, that it committed an act defined by Section 287.133,
Florida Statutes, as a "public entity crime" and that it has not been formally charged with
committing an act defined as a "public entity crime" regardless of the amount of money
involved or whether CITY has been placed on the convicted vendor list.
12.6 INDEPENDENT CONTRACTOR
CITY is an independent contractor under this Agreement. Services provided by CITY
pursuant to this Agreement shall be subject to the supervision by CITY. In providing
such services, neither CITY nor its agents shall act as officers, employees, or agents of
COUNTY. No partnership, joint venture, or other joint relationship is created hereby.
COUNTY does not extend to CITY or CITY's agents any authority of any kind to bind
COUNTY in any respect whatsoever.
12.7 THIRD PARTY BENEFICIARIES
Neither CITY nor COUNTY intends to directly or substantially benefit a third party by
this Agreement. Therefore, the Parties acknowledge that 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.
12.8 ASSIGNMENT AND PERFORMANCE
Neither this Agreement nor any right or interest herein shall be assigned, transferred, or
encumbered without the written consent of the other party. In addition, CITY shall not
subcontract any portion of the work required by this Agreement, except as permitted
and provided for in this Agreement. Notwithstanding the Termination provision of this
Agreement, COUNTY may terminate this Agreement, effective immediately, if there is
any assignment, or attempted assignment, transfer, or encumbrance, by CITY of this
Agreement or any right or interest herein without COUNTY's written consent.
CITY represents that each person who will render services pursuant to this Agreement
is duly qualified to perform such services by all appropriate governmental authorities,
where required, and that each such person is reasonably experienced and skilled in the
area(s) for which he or she will render his or her services.
CITY shall perform its duties, obligations, and services under this Agreement in a skillful
and respectable manner. The quality of CITY's performance and all interim and final
product(s) provided to or on behalf of COUNTY shall be comparable to the best local
and national standards.
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12.9 CONFLICT OF INTEREST
CITY shall comply with the requirements of 24 CFR Part 570.611 relative to the Conflict
of Interest provisions. Any possible conflicting interest on the part of CITY, its officers,
employees, or agents, shall be disclosed in writing to the Division.
12.10 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 expert witness against COUNTY in any legal or administrative
proceeding in which he or she is not a party, unless compelled by court process.
Further, such persons shall not 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 connection with any such pending or threatened legal or administrative
proceeding. The limitations of this section shall not preclude CITY or any person in any
way from representing themselves, including giving expert testimony in support thereof,
in any action or in any administrative or legal proceeding regarding this Agreement. In
the event CITY is permitted pursuant to this Agreement to utilize third party contractors
to perform any services required by this Agreement, CITY shall require such third party
contractors, by written contract, to comply with the provisions of this section to the same
extent as CITY.
12.11 MATERIALITY AND WAIVER OF BREACH
Each requirement, duty, and obligation set forth herein was bargained for at
arm's-length and is agreed to by the Parties. Each requirement, duty, and obligation set
forth herein is substantial and important to the formation of this Agreement, and each is,
therefore, a material term hereof.
COUNTY's failure to enforce any provision of this Agreement shall not be deemed a
waiver of such provision or modification of this Agreement. A waiver of any breach of a
provision of this Agreement shall not be deemed a waiver of any subsequent breach
and shall not be construed to be a modification of the terms of this Agreement.
12.12 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.
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12.13 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
of final court action, including all available appeals.
12.14 JOINT PREPARATION
The Parties and their counsel have participated fully in the drafting 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 language in this Agreement shall be interpreted as to its
fair meaning and not strictly for or against any party.
12.15 INTERPRETATION
All terms and words used in this Agreement, despite the number and gender in which
used, shall be deemed to include any other gender or number as the context or the use
thereof may require. Terms such as "herein," "hereof," "hereunder," and "hereinafter"
refer to this Agreement as a whole and not to any particular sentence, paragraph, or
section where they appear, unless the context otherwise requires. Whenever reference
is made to a section of this Agreement, such reference is to the section as a whole,
including all of the subsections and subparagraphs of such section unless the reference
is made to a particular subsection or subparagraph of such section.
12.16 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.
12.17 LAW, 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. The Parties agree that the exclusive venue for any
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lawsuit arising from, related to, or in connection with this Agreement shall be in the state
courts of the Seventeenth Judicial Circuit in Broward County, Florida. If any claim
arising from, related to, or in connection with this Agreement must be litigated in federal
court, the Parties agree that the exclusive venue for any such lawsuit shall be in the
United States District Court or the United States Bankruptcy Court for the Southern
District of Florida. 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. IF
A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT
ARISING OUT OF THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER
PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST
FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES
AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY
TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN
ADJUDICATING THE MOTION.
12.18 AMENDMENTS
The Parties may amend this Agreement to conform to changes in federal, state, or local
laws, regulations, directives, and objectives. No modification, amendment, or alteration
in the terms or conditions contained herein shall be effective unless contained in a
written document prepared with the same or similar formality as this Agreement and
executed by the Board and CITY or others delegated authority to or otherwise
authorized to execute same on their behalf. The County Administrator shall be
authorized to execute amendments that extend the term of the Agreement or that
change the Project, so long as the Project consists of eligible activities under 24 CFR
Part 570. The Division Director shall be authorized to approve, in writing, line item
budget changes to the information set forth in Exhibit "B," Budget Table/Costs for
Project, during the term of this Agreement and for sixty (60) days after expiration or
earlier termination of this Agreement as provided in Section 4.7 of this Agreement, in
order to reconcile CITY's expenditures of CDBG Funds, provided such changes do not
result in an increase in the CDBG Funds set forth in Section 4.1 of this Agreement, and
Exhibit "B." The written document from the Division Director approving such changes
shall be deemed incorporated into this Agreement.
12.19 PRIOR AGREEMENTS
This document represents the final and complete understanding of the Parties and
incorporates or supersedes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein. There is
no commitment, agreement, or understanding concerning the subject matter of this
Agreement that is not contained in this written document. Accordingly, no deviation
from the terms hereof shall be predicated upon any prior representation or agreement,
whether oral or written.
- 26 -
12.20 INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas" clause set forth above is acknowledged by
the Parties. The attached Exhibits "A" - "F" are incorporated into and made a part of this
Agreement. The Rules and Regulations of HUD and any other HUD regulations
addressed in this Agreement which are not specifically identified in the definition
contained in Section 1.13 shall be deemed incorporated herein by reference.
12.21 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.
12.22 SURVIVAL
Either parry's right to monitor, evaluate, enforce, audit and review, any obligations to
indemnify and insure, any assurances and certifications, 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 expiration or
earlier termination of this Agreement and be enforceable.
12.23 FURTHER ASSURANCE
The Parties 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.
12.24 TIME IS OF THE ESSENCE
Time shall be deemed to be of the essence in performing the duties, obligations, and
responsibilities required by this 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 appropriate action commenced in a court of
competent jurisdiction.
- 27 -
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, CITY shall comply with 24 CFR Part 85.36(e) and take all
necessary affirmative steps to utilize small firms, minority-owned firms, women's
business enterprises, and labor surplus area firms, whenever possible, as the sources
of supplies, equipment and services.
12.28 EXECUTION AUTHORITY
Each individual executing this Agreement on behalf of a party hereto hereby represents
and warrants that he or she is, on the date he or she signs this Agreement, duly
authorized by all necessary and appropriate action to execute this Agreement on behalf
of such party and does so with full legal authority.
12.29 DESIGNATED REPRESENTATIVE
CITY's Designated Representative under this Agreement is Marc LaFerrier, AICP,
Director Community Development.
12.30 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)
- 28 -
IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement:
BROWARD COUNTY, through the County Administrator, authorized to execute same by
action of the Board on May 13, 2014, 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 , 2015
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
40th Yr Dania Beach CDBG Gvt Capital Impr Agr.doc
03/06/15
#14-129.35
- 29 -
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH PROVIDING
FOR FUNDING AND ADMINISTRATION OF 40th YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAMS FOR NEIGHBORHOOD INFRASTRUCTURE
IMPROVEMENTS (OASIS PROJECT) IN THE AMOUNT OF $153,487
CITY
ATTEST: CITY OF DANIA BEACH
By By
City Clerk Signature
Print Name and Title
day of , 2015
Approved as to legal sufficiency:
By
City Attorney
- 30 -
Dania Beach 401h Year
EXHIBIT "A"
PROJECT DESCRIPTION
Project Name: Oasis Project (Neighborhood Infrastructure Improvement Project)
Project Description:
CDBG Funds in the amount of $153,487 provided by COUNTY under the Agreement shall be
used by CITY for the construction/installation of neighborhood infrastructure improvements
within CITY's rights-of way, and associated permitting costs. The Project is anticipated to
include, but not be limited to, the construction/installation of one (1) entrance sign, four (4)
street signs, 10,000 square feet of driveway pavers with approximately 500 tons of sub-base
materials, and 500 linear feet of header curb; reworking approximately 2,000 linear feet of
swale areas with landscaping, and the reinstallation and relocation of mailboxes and street
lights, as necessary.
The Project is located in selected areas within CITY's Community Redevelopment Area (CRA)
bounded on the South by Sheridan Blvd., on the West by N. 22"d Avenue, on the East by
N.E. 5th Avenue, and on the North by the Dania Beach Cut-off Canal, and is located in Census
Tract 801, Block Group 1, 2, and 3 and Census Track 903, Block Group 2, 3, 4, 5, and 6.
CDBG HUD National Objective: 24 CFR Part 570.208(b)(1), Activities to address slums
or blight on an area basis
Page 1 of 1
Dania Beach 401h Year
EXHIBIT "B"
BUDGET TABLE/COSTS FOR PROJECT
Each cost category below reflects the proposed amount necessary to complete the Project by
funding source(s).
Funding Sources
(2)NON-
CDBG
Cost Category 1 CDBG CITY 3 Total
A. Personnel $0 $0 $0
B. Frin a Benefits $0 $0 $0
C. Travel $0 $0 $0
D. Equipment $0 $0 $0
E. Supplies $0 $0 $0
F. Contractual Services $0 $2,500 $2,500
G. Construction $151,387 $0 $151,387
H. Other (Permits) $2,100 $0 $2,100
I. Total $153,487 $2,500 $155,987
Page 1 of 4
Dania Beach 401h Year
EXHIBIT "B"
BUDGET TABLE/COSTS FOR PROJECT
(Continued)
BUDGET NARRATIVE
The Budget Narrative statements below provide a detailed justification for each cost category
shown in the budget table for both CDBG Funds and Non-CDBG funding sources utilized in
financing the Project.
CDBG Funds: $153,487
Construction: $151,387
CITY shall utilize the CDBG Funds provided by COUNTY for the construction/installation of
neighborhood infrastructure improvements within CITY's rights-of way, and associated
permitting costs. The Project is anticipated to include, but not be limited to, the
construction/installation of one (1) entrance sign, four (4) street signs, 10,000 square feet of
driveway pavers with approximately 500 tons of sub-base materials, and 500 linear feet of
header curb; reworking approximately 2,000 linear feet of swale areas with landscaping, and the
reinstallation and relocation of mailboxes and street lights, as necessary.
Other. $ 2,100
CITY shall utilize $2,100 of the CDBG Funds for permits required for the Project.
Non-CDBG Funds: CITY -$2,500
Contractual Services: $2,500
CITY shall pay $2,500 to Florida Atlantic University (FAU) for students in the senior year of
FAU's Civil Engineering Program 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. FAU has already investigated the work and secured
photographs for same.
Other Costs:
CITY shall provide in-kind services, through its staff including, but not limited to, Project
management and engineering services, as required.
Page 2 of 4
Dania Beach 401h Year
EXHIBIT "B"
BUDGET TABLE/COSTS FOR PROJECT
(Continued)
Allowable Cost for U.S. HUD Share of Budget
Federal cost principles for grants and contracts with state and local governments are stated in
OMB Circular A-87 (implemented at 2 CFR Part 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 CITY's overall employee
compensation structure. CITY's compensation policy should not change as a result of obtaining
a federal grant.
Fringe Benefit costs such as pay for vacations, holidays, sick leave, employee insurance, and
unemployment benefits are allowable to the extent required by law or established organizational
policy.
Page 3 of 4
Dania Beach 40th Year
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, Congress prohibits the salary component of consultant fees under HUD grants
from exceeding 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 Division Compliance Officer on applicability of the Davis-Bacon Wage
determination to the 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
Dania Beach 401h Year
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 Plans and Specifications October 1, 2014 February 28, 2015
Advertise, Bidding and Pre-Bid February 1, 2015 March 30, 2015
Meeting
Bid Opening, Selection, and March 1, 2015 April 30, 2015
Award
Contract execution, Pre- May 1, 2015 August 31, 2015
construction Meeting, and
Construction
Punch list Items August 31, 2015 September 15, 2015
Completion of Construction September 15, 2015 September 30, 2015
Page 1 of 1
Dania Beach 401h Year
EXHIBIT"D"
MONTHLY PROGRESS REPORT
Reporting Period:
Date Report Prepared:
A. Project Information:
Agency Name City of Dania Beach
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
Dania Beach 401h Year
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
Dania Beach 40th Year
EXHIBIT "D"
MONTHLY PROGRESS REPORT
(Continued)
C.3 Describe success or problems encountered with the Project:
CA Anticipated problems or concerns with the 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?
C.6 If applicable, please complete the following Direct Benefit Report Form provided by
COUNTY on all program participants.
Page 3 of 7
Dania Beach 40th Year
EXHIBIT "D"
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
Ethnicity
Hispanic
Non-Hispanic
i
1. Total
Racial Data = = _ -- #Hispanic
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 and White
17. Asian and White
18. Black/African American and White
19. American Indian/Alaskan Native and Black/African American
20. Other Multi-Racial
2. Total
r►come Data
Very Low Income <30% of area median
Low Income <50% of area median
Moderate Income <80% of area median
Non-Low Moderate Income
'income levels must equal persons benefiting 3. Total
Other Demographic Data
Households
Persons
Homeless
Female Head of Household
Disabled Persons Assisted
Elderly Persons Assisted
Census Tract served
Page 4 of 7
Dania Beach 40th Year
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
Public Services: Of the persons assisted
Number that have new access to this service or benefit
Number that have improved access to this service or benefit
Number that receive a service or benefit that is no longer
substandard
1. Total
Public Facilities or Infrastructure Improvements
Number that have new access to this type of public facility or
infrastructure improvement
Number that have improved access to this type of public facility or
infrastructure improvement
Number served by public facility or infrastructure that is no
longer substandard
2. Total
Overnight Shelter/Emergency Housing
Number of beds created in overnight shelter or other emergency housing
3. Total
Page 5 of 7
Dania Beach 40th Year
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
Rehab: Of the total owner units - _
Occupied by elderly
Units moved from sub-standard to standard (HQS or local code)
Units qualified as Energy Star
Units made accessible
Units brought into compliance with lead safety rules (24 CFR Part 35)
1. Total
1st Time Homebuyers: of total households — -
Number received housing counseling
Number down payment assistance/closing costs
2. Total
Assistance to Businesses
Number of new businesses assisted
Number of existing businesses assisted
Number of existing businesses expanding I
Number of existing businesses relocating
i
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
Name of Each Business Assisted DUNS# _`-----N/A
*DUNS number required for each business
Page 6 of 7
Dania Beach 40th Year
EXHIBIT "D"
MONTHLY PROGRESS REPORT
(Continued)
D. Program Objectives
* Work Tasks Projected Monthly Progress Supporting
Yearly Total / Progress Yr-To-Date Documentation
Performance
Design Plans and Copies of design
Specifications 1 plans and
specifications
Advertise, Bidding Copy of Ad, minutes,
and Pre-Bid and pre-bid meeting
Meeting1 sign-in sheets
Bid Opening, tabulations,
of bid
Selection, and
Award 1 recommendation of
award letter
Contract Execution, Copy of executed
Pre-construction construction contract,
Meeting, and 1 pre-construction
Construction meeting minutes/sign-
in sheets, and
construction
progress/inspection
reports
Punch list Items Copy of punch list
1 items
Completion of Final invoice and
Construction 1 supporting
documentation from
Contractor to CITY
* Work Tasks as listed in Exhibit"C" (Project Schedule/Timeline)of the Agreement.
Page 7 of 7
Dania Beach 40th Year
EXHIBIT "E"
REQUEST FOR PAYMENT
Community Development Block Grant Program
40th 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:
i
Total
Expenditures Expenditures Total Expenditures
6. Cost Categories U to Last BillingThis BillingTo Date
E
A. Project Costs — -— - -_
Salary& Fringes
Contractual
Construction
Other Project Costs
Total Expenditures
Funds Obligated:
(By Funding Agreement)
_
Balance
B. In-kind
Page 1 of 2
Dania Beach 40th Year
EXHIBIT "E"
REQUEST FOR PAYMENT
(Continued)
7. Detail of Request for
Payment(Attach copies of
Invoices, Other Applicable
Documentation
Invoice#
Vendor Name (If Applicable) Description of Service Amount
Total Request for Reimbursement$
8. Certification:
I certify that items 1 -7 of this billing are correct 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 06/04
Page 2 of 2
Dania Beach 40th Year
EXHIBIT OE"
INSURANCE REQUIREMENT
TYPE OF INSURANCE MINIMUM LIABILrrY LIIM rrS
Each Occurrence Aggregate
COMMERCIAL GENERAL LIABILrrY Bodily Injury
Broad form or equivalent
K%h no eke orhrrutabxm Axe Property Damage
Ix I Premises O "iiorts
Ix I Explosion,Collapse,Underground Hazards Combined single lirnk $1 mil $1 ma
Ix I ProductsiCarnpleted Operations Hazard Bodily Injury&
[x I Contracta[Insurance Property Damage
[x] Independent Cont-odors
[x] Personal Injury
[ IOther. Personal Injury
BUSINESS AUTO LIABILITY Bodily Injury,(each
COMPREHENSIVE FORM
person)
Ix] owned Bodily Injury(each
Ix] Hired amiderttj
Ix] Non-mmed
Ix] Scheduled Property Damage
Ix] Any Auto Combined single limit 111 500 k
Bodily Injury
Property Dame
EXCESSfUMBRELLA LIABILrrY Folknufarm basis or
May be erse,d to suppAemenf minimum Add'I insd endorse-
coverage rerrrer#s, merit is required
Ix]WORKERS'COMPENSATION U-S-Longshoremen&
!f exeWt State Exernp�n Cer�icate or k-her on Chapter 94a FS STATUTORY Harbor WodeFV Azt&
conwany Aeften4ead is required Jones Act is required
Ix I EMPLOYERS'LIABILITY €or any activities on or
(each accjdent) $100 k about navigable waler
__LLLMON LIABIi R
E iIRs NMENTAL LMPAIRMEtdT LtABILrrY
WrrH CLEAN-UP r=CrSTS '
-`ALL RISK'WTFH WIND AND FLOGL 0EC for WIND or WINL;!&FLt 0E not to Value
m-er-ge must rem, n fbr---um -a =xoeed%of completed aa[u.€e
- furm
-_ - Pta-�s-um r,C-du--tdle: 311--i k 4_omelet-
vallu .
roc _.F
LIE F--NlR1r-W tw O-f-mTCt4m=C5 t Kmmr EH -E5
8R0V'A0CCWFY AWOTY ARE LOTEDA9 AWT10%AL 1ASLR£L ON THECEASRai LLAaUTY POUL=.
CERTIFICATE HOLDEEt_
Broward County
115 South Andrews Avenue
Fort LauderdakE,FL 33301
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