HomeMy WebLinkAboutR-2017-041 Authorizes the Execution of the 42nd Year CDBG Agreement Between Broward County and the City in the Amount of $150,536.00 to Provide Funding for Oasis XII Neighborhood Improvement Project RESOLUTION NO.2017-041
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE THE 42"d YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND BROWARD
COUNTY IN THE AMOUNT OF ONE HUNDRED FIFTY THOUSAND FIVE
HUNDRED THIRTY SIX DOLLARS ($150,536.00) TO PROVIDE FUNDING
FOR A NEIGHBORHOOD INFRASTRUCTURE IMPROVEMENT PROJECT
KNOWN AS OASIS XII; FURTHER REQUESTING CITY COMMISSION
APPROVAL TO ADVERTISE THE PROJECT FOR BIDS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on March 30, 2016,the City made application for the 42"d Year Community
Development Block Grant in an estimated amount of One Hundred Fifty Two Thousand Five
Hundred Dollars ($152,500.00) for neighborhood infrastructure improvements; and
WHEREAS,on June 29, 2016,Broward County offered to award the City of Dania Beach
grant funding in the amount of One Hundred Fifty Thousand Five Hundred Thirty Six Dollars
($150,536.00)to provide for a neighborhood improvement project through the Federal Community
Development Block Grant(CDBG) Program; and
WHEREAS,the CDBG funds are planned for an Oasis Neighborhood Improvement Project
in the Community Redevelopment Agency(CRA) and CDBG eligible area, located along NW 81h
Avenue between NW 1 St Street and NW 3rd Street;
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 42"d Year
Community Development Block Grant Agreement between the City of Dania Beach, Florida and
Broward County in the amount of One Hundred Fifty Thousand Five Hundred Thirty Six Dollars
($150,536.00), which Agreement is incorporated into and made a part of this Resolution by this
reference, a copy of which 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 City Administration is authorized to appropriate funding to the
City's Neighborhood Infrastructure Oasis XII Project to Grant Account No. 103-39-60-541-63-10.
Section 4. That the City Administration is authorized to bid the project.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 6. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on April 25, 2017.
ATTEST & 'S FI�rG
"Lit,
LOUISE STILSON, CMC '� TAMARA JAMES
CITY CLERK MAYOR
A7E0 �
APPROVED AS T FO AND CORRECTNESS:
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THOMASJJ. A SB O
CITY ATTORNE
2 RESOLUTION#2017-041
AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
PROVIDING FOR FUNDING AND ADMINISTRATION OF
42nd YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS
for
OASIS XII NEIGHBORHOOD IMPROVEMENT PROJECT
IN THE AMOUNT OF $150,536
INDEX
ARTICLE PAGE
1 DEFINITIONS....................................................................................................... 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.................................................................. 12
6 INSURANCE ...................................................................................................... 12
7 ASSURANCES AND CERTIFICATIONS ........................................................... 13
8 FINANCIAL RESPONSIBILITY .......................................................................... 18
9 TERM OF AGREEMENT.................................................................................... 20
10 TERMINATION................................................................................................... 20
11 NOTICES ........................................................................................................... 22
12 MISCELLANEOUS............................................................................................. 23
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 REQUIREMENT
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AGREEMENT
Between
BROWARD COUNTY
and
CITY OF DANIA BEACH
PROVIDING FOR FUNDING AND ADMINISTRATION OF
42nd YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS
for
OASIS XII NEIGHBORHOOD IMPROVEMENT PROJECT
IN THE AMOUNT OF $150,536
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."
RECITALS
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 24, 2016, the Broward County Board of County
Commissioners adopted Resolution #2016-304, approving FY 2016 - 2017 CDBG
funding to CITY under COUNTY's CDBG Program for neighborhood 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
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, 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 Redevelopment Division.
1.10 HUD - The United States Department of Housing and Urban Development.
1.11 Project - The Project consists of the work, services, and activities described in
Article 3.
1.12 Rules and Regulations of HUD - The rules and regulations of HUD including,
but not limited to, 24 CFR Part 570, "Community Development Block Grant
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Regulations," and the applicable provisions under the following: 24 CFR Part 91
"Consolidated Submissions for Community Planning and Development
Programs"; 2 CFR Part 200, "Uniform Administrative Requirements, Cost
Principles and Audit Requirements for Federal Awards"; and any Executive
Orders issued by the Federal Government or any final rule changes set forth in
the Federal Register impacting the CDBG Program; as amended from time to
time, and which are incorporated herein by reference.
1.13 Subconsultant or Subcontractor - A firm, partnership, corporation,
independent contractor (including 1099 individuals), or combination thereof
providing services under this Agreement through CITY for all or any portion of the
work or activities. The term "Subconsultant" shall include all "Subcontractors" and
the term "Subcontractor" shall include all "Subconsultants" and any design
professionals and construction contractors hired by CITY to perform any design
services and capital improvements under this Agreement.
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.
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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.
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 In accordance with 2 CFR Part 2400.101, the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards set
forth in 2 CFR Part 200 are applicable to the CDBG Funds provided by COUNTY
under this Agreement. In accordance with 2 CFR Part 200.101(b)(3), with the
exception of the requirements set forth in 2 CFR Part 200, Subpart F, Audit
Requirements, in the event any of the provisions of Federal statutes or
regulations relating to the CDBG Program differ from the provisions set forth in
2 CFR Part 200, the provision of the Federal statutes or regulations shall govern.
2.8 This Agreement is subject to the availability of funds as more specifically
described in Articles 4 and 10.
ARTICLE 3 - PROJECT
3.1 CITY shall provide and implement a neighborhood improvement project 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).
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3.3 All plan 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 Subcontractor, 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 evaluation will be
based on the terms of this Agreement, comparisons of planned versus actual
progress relating to the Project's scheduling, budgets, in-kind contributions, and
output measures. Upon request, CITY shall furnish to the Division Director,
COUNTY, or their designees, such records and information, including copies 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 a Subcontractor to perform any design or construction
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 Subcontractor, 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 Subcontractor'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 Subcontractor 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 Subcontractor shall submit to CITY a
written Statement of Probable Construction Cost based on current
area, volume, or other unit costs. The Subcontractor shall research
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all applicable codes, ordinances, rules, regulations, and
requirements of governmental authorities having jurisdiction over
the Project
b) Design Development. The Subcontractor 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 Subcontractor 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.
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 Subcontractor 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 Subcontractor shall, in the preparation
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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 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.
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 Subcontractor.
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 procurement shall be in compliance with all applicable federal
laws including, but not limited to, 24 CFR Parts 570.502 and 570.610, and the
Procurement Standards set forth in 2 CFR Part 200, Subpart D.
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.
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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 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 Thousand Five Hundred Thirty-six and 00/100 Dollars ($150,536).
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 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, if eligible Project expenditures have been
made, utilizing the form provided in Exhibit "E," Request for Payment, for Project
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costs described in Exhibit 'A" Project Description, on the following basis, as
applicable:
4.3.1 CITY shall provide COUNTY with an executed original of each
Subcontractor contract authorizing services, 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 services, work, activities, or materials for which
it is invoicing.
4.3.4 CITY shall submit to COUNTY a certified copy of all Subcontractor
invoices for the Project indicating the services rendered or materials
purchased and the dates for same.
4.3.5 CITY's administrator or the administrator's authorized representative shall
certify that the services, work, activities, or materials being invoiced have
been received or completed.
4.3.6 Upon submittal of the final invoice for reimbursement of eligible Project
expenditures made during the term of this Agreement, CITY shall provide
COUNTY with a final and complete Monthly Progress Report, utilizing the
form provided in Exhibit "D."
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 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 supporting 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.
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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. To be deemed proper, all
invoices must comply with the requirements set forth in this Agreement and must
be submitted on the Request for Payment form provided in Exhibit "E." Payment
may be withheld for failure of CITY to comply with any term, condition, or
requirement of this Agreement.
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.
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.
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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 W. 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 Redevelopment
Division
110 N.E. 3rd Street- Third Floor
Fort Lauderdale, Florida 33301
4.14 At the sole discretion of the Division Director, unexpended CDBG Funds not
provided to or reimbursed to CITY under the terms of this Agreement may be
reallocated by COUNTY to other CDBG Program projects approved for funding
by the Board.
4.15 Any CDBG Funds paid to CITY in excess of the amount to which CITY is finally
determined to be entitled to under this Agreement shall be repaid to COUNTY
within a reasonable period after demand, and if not paid, COUNTY may reduce
the debt by making an administrative offset against other requests for
reimbursements.
4.16 Subcontractors. CITY shall invoice all Subcontractor fees, whether paid on a
"lump sum" or other basis, to COUNTY with no markup. All Subcontractor fees
shall be billed in the actual amount paid by CITY.
4.17 Notwithstanding any provision in this Agreement to the contrary, 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, and COUNTY may withhold, in whole or in part, payment to the extent
necessary to protect itself from loss on account of inadequate or defective work
which has not been remedied or resolved in a manner satisfactory to the
Contract Administrator or failure to comply with this Agreement. The amount
withheld shall not be subject to payment of interest by COUNTY.
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4.18 Notwithstanding any provision in this Agreement to the contrary, in the event
COUNTY is required to repay HUD any CDBG funding received from HUD for
the Project, pursuant to any repayment requirements set forth in 24 CFR Part
570, or any other applicable Rules and Regulations of HUD, CITY may be
required to repay COUNTY such CDBG Funds in accordance with the repayment
provisions set forth in Section 8.5 of this Agreement.
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.
5.2 In the event CITY contracts with a Subcontractor to perform any of the work or
activities for the Project, any contract with such Subcontractor shall include the
following provisions, in substantially the form provided below:
5.2.1 Indemnification: To the fullest extent permitted by law, Subcontractor 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 Subcontractor and
persons employed or utilized by Subcontractor 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 Subcontractor to provide any of the work or
activities set forth herein, the contract shall require the Subcontractor, at a
minimum, to maintain in full force and effect, at Subcontractor'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.
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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 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 or engage in any explicitly religious
activities including, but not limited to, worship, religious instruction, or
prose lytization, as further described in 24 CFR Part 570.2000) and 24 CFR
Part 5.109.
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.
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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 requirements set forth in 24 CFR Part 570, Subpart K,
Other Program Requirements, and 24 CFR Part 5, Subpart A, 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 1, 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.),and
implementing regulations at 24 CFR Part 100 et seq., which prohibit
discrimination of persons on the basis of race, color, religion, sex, and
national origin in housing practices.
7.6.3 Executive Order 11063, as amended by Executive Order 12259 (Equal
Opportunity in Housing Programs) and implementing regulations at 24
CFR Part 107.
7.6.4 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.
7.6.5 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.
7.6.6 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.
7.6.7 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.
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7.6.8 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. [See
also Section 7.13 below.]
7.6.9 The disclosure requirements and prohibitions set forth in 31 U.S.C. 1352
and implementing regulations set forth in 24 CFR Part 87; and the
requirements for funding competitions established by the Department of
Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3531 et
seq.).
7.6.10 The prohibitions set forth in 2 CFR Part 2424 relating to the use of
debarred, suspended, or ineligible contractors and participants.
7.6.11 The Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) and the
implementing regulations set forth in 2 CFR Part 2429.
7.7 CITY shall comply with the recordkeeping and reporting requirements under this
Agreement, 24 CFR Part 570, 2 CFR Part 200, and 24 CFR Part 5.168, as
applicable, to enable COUNTY to comply with its recordkeeping and reporting
requirements set forth in 24 CFR Part 570.
7.8 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 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.
7.9 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 after CITY has
requested disposition instructions.
7.10 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.
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7.11 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.
7.12 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:
7.12.1 Prohibit the use of excessive force by law enforcement agencies against
any individuals engaged in non-violent civil rights demonstrations; and
7.12.2 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.
7.13 CITY shall comply with the following Section 3 clause requirements, if applicable to
the Project, as set forth verbatim in 24 CFR Part 135.38, and in accordance with the
provisions under 24 CFR Part 135:
7.13.1 The work to be performed under this contract is subject to the
requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of
Section 3 is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD-assisted projects covered by
Section 3, shall, to the greatest extent feasible, be directed to low- and
very low-income persons, particularly persons who are recipients of HUD
assistance for housing.
7.13.2 The parties to this contract agree to comply with HUD's regulations in
24 CFR Part 135, which implement Section 3. As evidenced by their
execution of this contract, the parties to this contract certify that they are
under no contractual or other impediment that would prevent them from
complying with the Part 135 regulations.
7.13.3 The contractor agrees to send to each labor organization or representative
of workers with which contractor has a collective bargaining agreement or
other understanding, if any, a notice advising the labor organization or
workers' representative of contractor's commitments under this Section 3
clause, and will post copies of the notice in conspicuous places at the
work site where both employees and applicants for training and
employment positions can see the notice. The notice shall describe the
Section 3 preference, shall set forth minimum number and job titles
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subject to hire, availability of apprenticeship and training positions, the
qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work
shall begin.
7.13.4 The contractor agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to
take appropriate action, as provided in an applicable provision of the
subcontract or in this Section 3 clause, upon a finding that the
Subcontractor is in violation of the regulations in 24 CFR Part 135. The
contractor will not subcontract with any Subcontractor where the
contractor has notice or knowledge that the Subcontractor has been found
in violation of the regulations in 24 CFR Part 135.
7.13.5 The contractor will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but
before the contract is executed, and (2) with persons other than those to
whom the regulations of 24 CFR Part 135 require employment
opportunities to be directed, were not filled to circumvent the contractor's
obligations under 24 CFR Part 135.
7.13.6 Noncompliance with HUD's regulations in 24 CFR Part 135 may result in
sanctions, termination of this contract for default, and debarment or
suspension from future HUD-assisted contracts.
7.13.7 With respect to work performed in connection with Section 3 covered
Indian housing assistance, Section 7(b) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450e) also applies to the work to
be performed under this contract. Section 7(b) requires that to the greatest
extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of
contracts and subcontracts shall be given to Indian organizations and
Indian-owned Economic Enterprises. Parties to this contract that are
subject to the provisions of Section 3 and Section 7(b) agree to comply
with Section 3 to the maximum extent feasible, but not in derogation of
compliance with Section 7(b).
7.14 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.
7.15 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
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Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor."
7.16 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 $100,000.
7.17 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.
7.18 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).
7.19 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.
7.20 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 Subcontractors, 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 7.19 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, standards, and the applicable
provisions set forth in 2 CFR Part 200, "Uniform Administrative Requirements,
Costs Principles, and Audit Requirements for Federal Awards."
8.2 CITY shall comply with the audit requirements set forth in 2 CFR Part 200,
Subpart F, "Audit Requirements," Chapter 10.550 Rules of the Auditor General,
State of Florida, as applicable. The audit required under 2 CFR Part 200 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
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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.
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
Sub recipients."
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 Subcontractors, 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),
in accordance with the provisions under 24 CFR Part 570.504. Any Program
Income received by CITY, after the effective date of this Agreement, which was
generated under this Agreement or any prior fiscal year CDBG funding
agreement with COUNTY, shall be returned to COUNTY by September 30th of
the fiscal year in which the Program Income was received. Unless otherwise
provided for in any HUD Rules and Regulations, such Program Income will be
reallocated by COUNTY to CITY's CDBG funding award in COUNTY's next
CDBG funding cycle, minus a Twenty percent (20%) administrative fee to
COUNTY.
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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, as applicable, including, but are not limited to, the following:
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 set forth in 24 CFR Part
570.208 until five (5) years after expiration or earlier termination 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 2 CFR Part 200.313; however, pursuant to
24 CFR Part 570.502(8), if equipment is sold, the proceeds shall be program
income.
ARTICLE 9 - TERM OF AGREEMENT
The term of this Agreement shall commence retroactively to October 1, 2016,
and shall end on September 30, 2017, 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 12.19.
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.
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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 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 Subcontractor 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, or if CITY provides a false
certification submitted pursuant to Section 287.135, 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
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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 expense including, but
not limited to, a Purchase Order for payment of materials and supplies, executed
by CITY or a Subcontractor 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
In order for a notice to a party to be effective under this Agreement, notice must
be sent via U.S. first-class mail with a contemporaneous copy via e-mail to the
addresses listed below and shall be effective upon mailing. The addresses for notice
shall remain as set forth herein unless and until changed by providing notice of such
change in accordance with the provisions of this Article.
FOR COUNTY:
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Ralph Stone, Director
Broward County Housing Finance and Community Redevelopment
Division
110 N.E. 3rd Street- Third Floor
Fort Lauderdale, Florida 33301
Email address: rstone@broward.org
FOR CITY:
Robert Baldwin, City Manager
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, Florida 33004
Email address: rbaldwin@ci.dania-beach.fl.us
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 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. CITY shall ensure that the requirements of this
Section are included in all agreements with its Subcontractors.
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 include the foregoing or similar language in its contracts with any
Subcontractors, 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.
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Failure by CITY to carry out any of these requirements shall constitute a material
breach of this Agreement, which shall permit COUNTY to terminate this
Agreement or to exercise any other remedy provided under this Agreement,
Broward County Code of Ordinances, Broward County Administrative Code, or
under other applicable law, all such remedies being cumulative.
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 all monies paid by COUNTY
pursuant to this Agreement, and may result in debarment from COUNTY's
competitive procurement activities.
12.3 PUBLIC RECORDS
To the extent CITY is acting on behalf of COUNTY as stated in Section
119.0701, Florida Statutes, CITY shall:
a. Keep and maintain public records required by COUNTY to perform the
services under this Agreement;
b. Upon request from COUNTY, provide COUNTY with a copy of the
requested records or allow the records to be inspected or copied within a
reasonable time and at a cost that does not exceed that provided in
Chapter 119, Florida Statutes, or as otherwise provided by law;
C. Ensure that public records that are exempt or confidential and exempt
from public record requirements are not disclosed except as authorized by
law for the duration of this Agreement and following completion of this
Agreement if the records are not transferred to COUNTY; and
d. Upon completion of this Agreement, transfer to COUNTY, at no cost, all
public records in possession of CITY upon termination of this Agreement
or keep and maintain public records required by COUNTY to perform the
services. If CITY transfers the records to COUNTY, CITY shall destroy
any duplicate public records that are exempt or confidential and exempt.
If CITY keeps and maintains public records upon completion of this
Agreement, CITY shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to
COUNTY upon request in a format that is compatible with the information
technology systems of COUNTY.
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The failure of CITY to comply with the provisions of this Section shall constitute a
material breach of this Agreement entitling COUNTY to exercise any remedy
provided in this Agreement or under applicable law.
A request for public records regarding this Agreement must be made directly to
COUNTY, who will be responsible for responding to any such public records
requests. CITY will provide any requested records to COUNTY to enable
COUNTY to respond to the public records request.
Any material submitted to COUNTY that CITY contends constitutes or contains
trade secrets or is otherwise exempt from production under Florida public records
laws (including Florida Statutes Chapter 119) ("Trade Secret Materials") must be
separately submitted and conspicuously labeled "EXEMPT FROM PUBLIC
RECORD PRODUCT—TRADE SECRET." In addition, CITY must, simultaneous
with the submission of any Trade Secret Materials, provide a sworn affidavit from
a person with personal knowledge attesting that the Trade Secret Materials
constitute trade secrets under Florida Statutes Section 812.081 and stating the
factual basis for same. In the event that a third party submits a request to
COUNTY for records designated by CITY as Trade Secret Materials, COUNTY
shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered
by a court of competent jurisdiction or authorized in writing by CITY. CITY shall
indemnify and defend COUNTY and its employees and agents from any and all
claims, causes of action, losses, fines, penalties, damages, judgments and
liabilities of any kind, including attorneys' fees, litigation expenses, and court
costs, relating to the non-disclosure of any Trade Secret Materials in response to
a records request by a third party.
IF CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO CITY'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT (954) 357-4900, rstone@broward.org, 110 N.E. 3rd
STREET - THIRD FLOOR, FORT LAUDERDALE, FLORIDA 33301.
12.4 AUDIT RIGHTS, AND RETENTION OF RECORDS
COUNTY shall have the right to audit the books, records, and accounts of CITY
and its Subcontractors that are related to this Agreement. CITY and its
Subcontractors shall keep such books, records, and accounts as may be
necessary in order to record complete and correct entries related to this
Agreement and performance thereunder. All books, records, and accounts of
CITY and its Subcontractors shall be kept in written form, or in a form capable of
conversion into written form within a reasonable time, and upon request to do so,
CITY, or its Subcontractor, as applicable, shall make same available at no cost to
COUNTY in written form.
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Consistent with the records retention period set forth in 24 CFR Part 570.502,
CITY and its Subcontractors shall preserve and make available, at reasonable
times for examination and audit by COUNTY, all financial records, supporting
documents, statistical records, and any other documents pertinent to this
Agreement for a minimum of four (4) years after submission of the last or final
expenditure report for the funding period associated with the term of this
Agreement, or until resolution of any audit findings, whichever is longer.
COUNTY audits and inspections pursuant to this Section may be performed by
any COUNTY representative (including any outside representative engaged by
COUNTY). COUNTY reserves the right to conduct such audit or review at CITY's
place of business, if deemed appropriate by COUNTY, with seventy-two (72)
hours' advance notice.
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.
If an audit or inspection in accordance with this Section discloses overpricing or
overcharges to COUNTY of any nature by CITY in excess of five percent (5%) of
the total contract billings reviewed by COUNTY, the reasonable actual cost of
COUNTY's audit shall be reimbursed to COUNTY by CITY in addition to making
adjustments for the overcharges. Any adjustments and/or payments due as a
result of such audit or inspection shall be made within thirty (30) days from
presentation of COUNTY's findings to CITY.
CITY shall ensure that the requirements of this Section 12.4 are included in all
agreements with its Subcontractors performing services for the Project.
12.5 TRUTH-IN-NEGOTIATION REPRESENTATION
CITY's compensation under this Agreement is based upon representations
supplied to COUNTY by CITY, and CITY certifies that the information supplied,
including without limitation in the negotiation of this Agreement, is accurate,
complete, and current at the time of contracting. COUNTY shall be entitled to
recover any damages it incurs to the extent such representation is untrue.
12.6 PUBLIC ENTITY CRIME ACT
CITY represents that it is familiar with the requirements and prohibitions under
the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents
that its entry into this Agreement will not violate that Act. In addition to the
foregoing, CITY further represents that there has been no determination that it
committed a "public entity crime" as defined by Section 287.133, Florida
Statutes, 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. Notwithstanding any
provision in this Agreement to the contrary, if any representation stated in this
- 26 -
Section is false, COUNTY shall have the right to immediately terminate this
Agreement and recover all CDBG Funds paid to CITY under this Agreement.
12.7 INDEPENDENT CONTRACTOR
CITY is an independent contractor under this Agreement. In providing any work,
services, or activities under this Agreement, neither CITY nor its agents shall act
as officers, employees, or agents of COUNTY. CITY shall not have the right to
bind COUNTY to any obligation not expressly undertaken by COUNTY under this
Agreement.
12.8 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.
12.9 ASSIGNMENT AND PERFORMANCE
Except for subcontracting approved in writing by COUNTY at the time of its
execution of this Agreement or any written amendment hereto, neither this
Agreement nor any right or interest herein may be assigned, transferred,
subcontracted, or encumbered by CITY without the prior written consent of
COUNTY. If CITY violates this provision, COUNTY shall have the right to
immediately terminate this Agreement. CITY represents that each person and
entity that will provide services under this Agreement is duly qualified to perform
such services by all appropriate governmental authorities, where required, and is
sufficiently experienced and skilled in the area(s) for which such person or entity
will render services. CITY agrees that all services under this Agreement shall be
performed in a skillful and respectful manner, and that the quality of all such
services shall equal or exceed prevailing industry standards for the provision of
such services.
12.10 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.
12.11 CONFLICTS
Neither CITY nor its employees shall knowingly 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
- 27 -
judgment and care related to its performance under this Agreement. None of
CITY's officers or employees shall, during the term of this Agreement, serve as
an expert witness against COUNTY in any legal or administrative proceeding in
which he, she, or CITY 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 expert opinion, which is adverse or prejudicial to
the interests of COUNTY in connection with any such pending or threatened
legal or administrative proceeding unless compelled by court process. The
limitations of this Section shall not preclude CITY or any persons in any way from
representing themselves, including giving expert testimony in support thereof, in
any action or in any administrative or legal proceeding. CITY shall not be in
violation of this paragraph unless it has actual knowledge of such conduct of its
officers or employees.
In the event CITY is permitted pursuant to this Agreement to utilize
Subcontractors to perform any services required by this Agreement, CITY shall
require such Subcontractors, by written contract, to comply with the provisions of
this Section to the same extent as CITY.
12.12 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.
12.13 COMPLIANCE WITH LAWS
CITY shall keep fully informed of and shall comply with all applicable federal,
state, and local laws, codes, ordinances, rules, and regulations in performing its
duties, responsibilities, and obligations pursuant to this Agreement.
12.14 SEVERABILITY
In the event any part of this Agreement is found to be unenforceable by any court
of competent jurisdiction, that part shall be deemed severed from this Agreement
and the balance of this Agreement shall remain in full force and effect.
12.15 JOINT PREPARATION
This Agreement has been jointly prepared by the Parties hereto, and shall not be
construed more strictly against either party.
- 28 -
12.16 INTERPRETATION
The headings contained in this Agreement are for reference purposes only and
shall not in any way affect the meaning or interpretation of this Agreement. All
personal pronouns used in this Agreement shall include the other gender, and
the singular shall include the plural, and vice versa, unless the context otherwise
requires. 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 or Article of this Agreement, such reference is to
the Section or Article as a whole, including all of the subsections of such Section,
unless the reference is made to a particular subsection or subparagraph of such
Section or Article.
12.17 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement,
or provision of any document or exhibit attached hereto or referenced or
incorporated herein and any provision of Articles 1 through 12 of this Agreement,
the provisions contained in Articles 1 through 12 shall prevail and be given effect.
In the event there is a conflict between any provisions set forth in this Agreement
and a more stringent state or federal provision which is applicable to any services
performed under this Agreement, the more stringent state or federal provision
shall prevail.
12.18 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. Exclusive venue for any 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.
- 29 -
12.19 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.
12.20 PRIOR AGREEMENTS
This Agreement represents the final and complete understanding of the Parties
regarding the subject matter hereof and supersedes all prior and
contemporaneous negotiations and discussions regarding that subject matter.
There is no commitment, agreement, or understanding concerning the subject
matter of this Agreement that is not contained in this written document.
12.21 PAYABLE INTEREST
12.21.1 Payment of Interest. COUNTY shall not be liable to pay any interest to
CITY for any reason, whether as prejudgment interest or for any other
purpose, and in furtherance thereof CITY waives, rejects, disclaims and
surrenders any and all entitlement it has or may have to receive interest
in connection with a dispute or claim arising from, related to, or in
connection with this Agreement. This paragraph shall not apply to any
claim for interest, including for post-judgment interest, if such application
would be contrary to applicable law.
12.21.2 Rate of Interest. If the preceding subsection is inapplicable or is
determined to be invalid or unenforceable by a court of competent
jurisdiction, the annual rate of interest payable by COUNTY under this
Agreement, whether as prejudgment interest or for any other purpose,
shall be, to the full extent permissible under applicable law, 0.25% (one
quarter of one percent) simple interest (uncompounded).
- 30 -
12.22 INCORPORATION BY REFERENCE
Any and all Recital clauses stated above are true and correct and are
incorporated herein by reference. 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 1.12 herein shall
be deemed incorporated herein by reference.
12.23 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.
12.24 SURVIVAL
Either party'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.
12.25 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.
12.26 TIME IS OF THE ESSENCE
Time is of the essence in performing the duties, obligations, and responsibilities
required by this Agreement.
- 31 -
12.27 SPECIFIC PERFORMANCE
In addition to all other remedies, CITY's obligations set forth herein shall be
subject to the remedy of specific performance by appropriate action commenced
in a court of competent jurisdiction.
12.28 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.
12.29 COUNTY BUSINESS ENTERPRISE PROGRAM
COUNTY has established a policy relating to County Business Enterprise
("CBE") program participation in all COUNTY contracts as established by
Broward County Business Opportunity Act of 2012, Section 1-81, Broward
County Code of Ordinances (the "Act"). Although this Agreement does NOT
have assigned CBE goals, CITY shall comply with the procurement standards set
forth in 2 CFR Part 200.321.
12.30 USE OF COUNTY LOGO
CITY shall not use COUNTY's name, logo, or otherwise refer to this Agreement in
any marketing or publicity materials without the prior written consent of COUNTY.
12.31 REPRESENTATION OF 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.
- 32 -
12.32 DESIGNATED REPRESENTATIVE
CITY's Designated Representative under this Agreement is Marc LaFerrier,
AICP, Director of Community Development.
12.33 MULTIPLE ORIGINALS
Multiple copies of this Agreement may be executed by the Parties, each of which,
bearing original signatures, shall have the force and effect of an original
document.
(Remainder of Page Intentionally Left Blank)
- 33 -
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 24, 2016, 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 12017
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
42st Yr CDBG Dania Beach Oasis Project Capital Improvements.doc
02/03/17
#17-129.37
- 34 -
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH
PROVIDING FUNDING AND ADMINISTRATION OF 42nd YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAMS FOR OASIS XII NEIGHBORHOOD
IMPROVEMENT PROJECT IN THE AMOUNT OF $150,536
CITY
ATTEST: CITY OF DANIA BEACH
By By
City Clerk Signature
Print Name and Title
day of , 2017
Approved as to legal sufficiency:
By
City Attorney
- 35 -
Dania Beach 42nd Year
EXHIBIT "A"
PROJECT DESCRIPTION
Project Name: Oasis XII Neighborhood Improvement Project
Project Description:
CDBG Funds in the amount of $150,536 provided by COUNTY under the Agreement shall be
used by CITY for the construction/installation of sidewalks, curbing, driveways, crosswalks and
ADA ramps, for approximately 1200' linear feet along the east side of NW 8th Avenue from NW
1st Street to NW 3rd Street. The project will provide a safe and delineated walkway for students
and pedestrians along a roadway connecting a city park, public schools, commercial
businesses and neighborhoods.
The Project is within CITY's Community Redevelopment Area (CRA), and is located in Census
Tract 805, Block Groups 1, 2 and 3.
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 42nd 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) NOW
CDBG
Cost Category (1) CDBG CITY (3) Total
A. Personnel $0 $0 $0
B. Fringe Benefits $0 $0 $0
C. Travel $0 $0 $0
D. Equipment $0 $0 $0
E. Supplies $0 $0 $0
F. Contractual Services $0 $9,850 $ 9,850
G. Construction $147,432 $0 $147,432
H. Other(Permits) $ 3,104 $0 $ 3,104
I. Total $150,536 $9,850 $160,386
Pagel of 4
Dania Beach 42nd 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: $150,536
Construction: $147,432
CITY shall utilize the CDBG Funds provided by COUNTY for the construction/installation of
sidewalks, curbing, crosswalks and ADA ramps, for approximately 1,500 linear feet along the
east side of CITY's J.A. Ely Boulevard right-of way from south of Stirling Road.
Other: $ 3,104
CITY shall utilize $3,104 of the CDBG Funds for permits required for the Project.
Non-CDBG Funds: CITY -$9,850
Contractual Services: $9,850
CITY shall pay $9,850) 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.
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 42nd 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 set forth in
2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. 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 42nd 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 Redevelopment 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 42nd 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, 2016 February 28, 2017
Advertise, Bidding and Pre-Bid April 1, 2017 April 30, 2017
Meeting
Bid Opening, Selection, and May 1, 2017 May 31, 2017
Award
Construction contract execution, June 1, 2017 August 31, 2017
Pre-construction Meeting, and
Construction
Punch list Items August 31, 2017 September 15, 2017
Completion of Construction September 15, 2017 September 30, 2017
Page 1 of 1
Dania Beach 42nd Year
EXHIBIT "D"
MONTHLY PROGRESS REPORT
Reporting Period:
Date Report Prepared:
A. Project Information:
Agency Name
Person Preparing the Report
Job Title
Signature
Project Name
Project Start-Up Date
Project Completion Date
Amended Completion Date
(if applicable)
B.1 Project Cost
Funds Expended to Percentage
Date
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 42nd 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 42nd 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
Redevelopment Division staff.
C.5 Anticipated advertisements and/or other contractual services. If so, has the
Housing Finance and Community Redevelopment Division staff been advised and
appropriate steps taken to assure compliance?
C.6 If applicable, please complete the information on the following Direct Benefit Form
for all program participants.
Page 3 of 7
Dania Beach 42nd Year
EXHIBIT ',D,
MONTHLY PROGRESS REPORT
(C.6—Continued)
Direct Benefit Form
Indicate persons orhouseholds. Only unduplicated Total number Total number
counts should bmgiven. served served
this month yeartodate
Hispanic
Non-Hispanic
1. Total
11. White
12. 8|ack/AfhoonAmerican
13. Asian
14. American Indian/Alaskan Native
15. Native Hawaiian or other Pacific Islander
16. American |ndian/A|ankan Native and White
17. Asian and White
18. B|auk6uJhoanAmehcon and White
10. American Indian/Alaskan Native and Black/African
American
20. OtharN1u|U'Racia|
2. Total
Extremely Low Income <3096 of area median
Low Income <5096 of area median
Moderate Income <DO96of area median
Non-Low Moderate Income
*income levels must equal persons benefiting
3. Total
Households
Persons
Homeless
Female Head ofHousehold
Disabled Persons Assisted
Elderly Persons Assisted
Census Tract served
Page 4Of7
Dania Beach 42nd Year
EXHIBIT "D"
MONTHLY PROGRESS REPORT
(C.6— Continued)
Direct Benefit Form
Applicable if implementing one of the following activities:
Public Services/Public Facilities and Improvements
Page 5 of 7
Dania Beach 42nd Year
Total number Total number
this quarter yeartodate
Number that have new access to this service orbenefit
Number that have_LD2Love/access to this service orbenefit
Number that receive a service or benefit that)ono longer substandard
1. Total
Number that have new access to this type of public facility or
infrastructure improvement
Number that have improve access tn this type of public facility or
infrastructure improvement
Number served by public facility nr infrastructure that ionn
longer substandard
2. Total
Number of beds created in overnight shelter or other emergency housing
3' Total
EXHKBUT `'0,'
MONTHLY PROGRESS REPORT
(C.6—Continued)
Direct Benefit Form
Applicable if implementing one of the following activities:
Housing and Economic Development Data
Page 6Of7
Dania Beach 42nd Year
Total number Total number
is quarter year to date
Occupied by elderly
Units moved from sub-standard to standard (HQS or local code)
Units qualified as Energy Star
Units made accessible
Units brought into compliance with lead safety rules (24 CFR Part 35)
1. Total
5
:
Number received housing counseling
Number down payment assistanceiclosing costs
2. Total
Number of new businesses assisted
Number of existing businesses assisted
Number of existing businesses expanding
Number of existing businesses relocating
Number of businesses assisted with commercial fagade treatment/
business building rehab
Number of businesses assisted that provide goods or services to
meet the needs of a service area, neighborhood or community
Women-owned business
3. Total
"DUNS number required for each business
EXHIBIT "D"
MONTHLY PROGRESS REPORT
(Continued)
D. Program Objectives
Page 7 of 7
Dania Beach 42nd Year
* Work Tasks Projected Monthly Progress Supporting
Yearly Total / Progress Yr-To- Documentation
Performance Date
Design Plans and Copies of design
Specifications 1 plans and
specifications
Advertise, Bidding Copy of Ad, minutes,
and Pre-Bid Meeting and pre-bid meeting
1 sign-in sheets
Bid Opening, Copy
of b ,i
Selection, and Award
1 recommendation of
award letter
Construction Contract Copy of executed
Execution, Pre- construction
construction Meeting, 1 contract, pre-
and 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
Construction
Contractor to CITY
* Work Tasks as listed in Exhibit"C' (Project Schedule/Timeline)of the Agreement.
Page 8 of 7
Dania Beach 42nd Year
EXHIBIT "E"
REQUEST FOR PAYMENT
Community Development Block Grant Program
42nd Year Funding
Contract Period: to
1. Project Name:
2. Organization: Telephone Number:
3. Billing Number:
4. Billing Period Covered:
6. % of Total Contract, Expended through this Billing:
Total
Expenditures Expenditures Total Expenditures
6. Cost Categories Up to Last Billing This Billing To Date
A. Project Costs
Salary&Fringes
Contractual
Construction
Other Project Costs
Total Expenditures
Funds Obligated:
(By Funding Agreement)
Balance
B. In-kind
Pagel of 2
Dania Beach 42nd 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 42nd Year
EXHIBIT "F"
INSURANCE REQUIREMENT
(Insert info from Risk Management)
Page 1 of 1