HomeMy WebLinkAboutR-2022-162 BC CDBG 48th Year Agreement and Authorization to Bid for CDBG Year 48 Solar Lights Project RESOLUTION NO. 2022-162
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE THE 48th YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
("CDBG") AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND
THE BROWARD COUNTY HOUSING FINANCE DIVISION(DIVISION)FOR
THE DIVISION TO PROVIDE AND ADMINISTER A GRANT IN THE
AMOUNT OF ONE HUNDRED SEVENTY-SEVEN THOUSAND FIVE
HUNDRED SEVENTY-FIVE DOLLARS($177,575.00),AND TO AUTHORIZE
THE CITY'S PUBLIC SERVICES DEPARTMENT TO PROCEED WITH THE
BID ADVERTISEMENT FOR THE CDBG YEAR 48 SOLAR LIGHTS
PROJECT;PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on May 28, 2022, the City Commission approved Resolution 2022-079
authorizing the City of Dania Beach(City)to submit the 48th Year CDBG application for the Year
48 Solar Lights Project; and
WHEREAS,the Broward County Housing Finance Division(Division)included the Year
48 Solar Lights Project in its U.S.Department of Housing and Urban Development Annual Action
Plan in preparation for the 48th Year Community Development Block Grant Program; and
WHEREAS,the City Administration supports the Citywide Street Lighting Improvement
Project and desires to receive CDBG funding from the Division as described in the Agreement
attached as "Exhibit A", and the Agreement is made a part of and is incorporated into this
Resolution by this reference; and
WHEREAS, the City Administration recommends that the City Commission authorize
staff to proceed with the bidding process for the CDBG Year 48 Solar Lights Project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct, and they are made a part of and incorporated into this Resolution by this
reference.
Section 2. That the proper City officials are authorized to accept and execute a
Community Development Block Grant Agreement on behalf of the City of Dania Beach, Florida
with the Housing Finance Division of Broward County in the amount of$177,575.00 to provide
funding for the Year 48 Solar Lights Project.
Section 3. 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 interest of the
City.
Section 4. That funding will be appropriated within the Grant Fund.
Section 5. That the City Commission authorizes staff to proceed with the Year 48 Solar
Lights Project competitive bidding.
Section 6. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 7. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on October 25, 2022.
ATTEST:
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CITY CLERK er``�` 410 MAYOR
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APPROVED AS TO FORM AND CORRECTNESS:
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2 RESOLUTION#2022-162
Solar Lights Project in its U.S.Department of Housing and Urban Development Annual Action
Plan in preparation for the 48th Year Community Development Block Grant Program; and
WHEREAS,the City Administration supports the Citywide Street Lighting Improvement
Project and desires to receive CDBG funding from the Division as described in the Agreement
attached as "Exhibit A", and the Agreement is made a part of and is incorporated into this
Resolution by this reference; and
WHEREAS, the City Administration recommends that the City Commission authorize
staff to proceed with the bidding process for the CDBG Year 48 Solar Lights Project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct, and they are made a part of and incorporated into this Resolution by this
reference.
Section 2. That the proper City officials are authorized to accept and execute a
Community Development Block Grant Agreement on behalf of the City of Dania Beach, Florida
with the Housing Finance Division of Broward County in the amount of$177,575.00 to provide
funding for the Year 48 Solar Lights Project.
BKOVARD
•- COUNTY
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR
FUNDING AND ADMINISTRATION OF 48TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM FOR CAPITAL IMPROVEMENTS: SOLAR LIGHTING
(CFDA# 14.218 / FAIN # B-22-UC-12-0001)
This Agreement ("Agreement") is made and entered by and between
Broward County, a political subdivision of the State of Florida ("County"), and City of
Dania Beach, a municipal corporation of the State of Florida ("City") (each a "Party" and
collectively referred to as the "Parties").
RECITALS
A. County is a recipient of Community Development Block Grant ("CDBG")
funds from the United States Department of Housing and Urban Development ("HUD").
B. On (Agenda Item No. ), the Broward
County Board of County Commissioners authorized CDBG funding to City in the amount
of $177,575 to fund capital improvements in the form of sola lighting in City, under the
terms more specifically described herein.
C. Pursuant to 24 C.F.R. Part 570.302, the Project (as defined herein) was
included in County's consolidated plan for community planning and development
programs submitted to HUD in accordance with 24 C.F.R. Part 91.
D. The federal award information required by 2 C.F.R. Part 200.332(a) is set
forth in Exhibit A to this Agreement.
Now, therefore, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. DEFINITIONS
1.1 Applicable Law means all applicable laws, codes, advisory circulars, rules,
regulations, or ordinances of any federal, state, county, municipal, or other
governmental entity, as may be amended.
1.2 Board means the Board of County Commissioners of Broward County, Florida.
1.3 CDBG Funds means the CDBG Program (as defined herein) funds provided to
City under this Agreement, as set forth in Exhibit B to this Agreement.
1.4 CDBG Program means the Community Development Block Grant Program
awarded by HUD to County, authorized pursuant to Title I of the Housing and
Community Development Act of 1974, Public Law 93-383, amended, and codified at
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ct.
42 U.S.C. 5301 et seq.
1.5 Contract Administrator means the Director of the Housing Finance Division, or
such other person designated by same in writing.
1.6 County Administrator means the administrative head of County appointed by
the Board.
1.7 County Attorney means the chief legal counsel for County appointed by the
Board.
1.8 HUD means the United States Department of Housing and Urban Development.
1.9 Project means the project provided and implemented by City, as described in
Exhibit A to this Agreement.
1.10 Rules and Regulations of HUD means the rules and regulations of HUD,
including but not limited to 24 C.F.R. Part 570, "Community Development Block Grant
Regulations," 24 C.F.R. Part 91, "Consolidated Submissions for Community Planning
and Development Programs," the applicable provisions under 2 C.F.R. 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.
1.11 Subcontractor means an entity or individual providing services to City for all or
any portion of the Project. The term "Subcontractor" includes all subconsultants.
ARTICLE 2. EXHIBITS
The following exhibits are attached hereto and incorporated into this Agreement:
Exhibit A Project Description
Exhibit B Budget
Exhibit C Project Timeline
Exhibit D Monthly Progress Report
Exhibit E Request for Payment
ARTICLE 3. PROJECT
3.1 City shall provide and implement capital improvements in the form of solar
lighting in City as outlined in Exhibit A attached hereto.
3.2 All activities funded with CDBG Funds must meet one of the CDBG Program's
national objectives, as set forth in 24 C.F.R. Part 570.208: (1) Activities benefiting low-
and moderate-income persons; (2) Activities which aid in the prevention or elimination
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Community Development Act of 1974, Public Law 93-383, amended, and codified at
Page 1 of 29
ct.
of slums or blight; or (3) Activities designed to meet community development needs
having a particular urgency. City certifies that the Project meets the criteria for 24 C.F.R.
Part 570.208(b)(1), Activities to Address Slums or Blight on an Area Basis, and
covenants that the Project will at all times (i) meet one of the CDBG Program's national
objectives under 24 C.F.R. Part 570.208 and (ii) be an eligible activity under 24 C.F.R.
Parts 570.201 through 207.
3.3 City must comply with the Project Timeline set forth in Exhibit C. If City fails to
meet any of the deadlines set forth in Exhibit C by forty-five (45) days or more, County
may terminate this Agreement in accordance with Article 11 of this Agreement and/or
may reallocate the remaining unexpended CDBG Funds under this Agreement in
accordance with Section 4.10 of this Agreement. Time is of the essence in performing
the duties, obligations, and responsibilities required by this Agreement.
3.4 Monitoring and Reporting. County will carry out periodic monitoring and
evaluation activities as determined necessary in County's discretion, and as required by
Applicable Law. County has the right to conduct a full review of the Project at any time.
County's evaluation of the Project will include, but not be limited to, compliance with the
terms of this Agreement, and comparisons of planned versus actual progress relating to
the Project's scheduling, budget, in-kind contributions, and output measures.
3.4.1 Upon County's request, City shall promptly furnish to County such records
and information requested by County related to the Project.
3.4.2 City shall meet with County at reasonable times and with reasonable
notice to discuss the Project.
3.4.3 City shall provide County with monthly progress reports in substantially the
form provided in Exhibit D, attached hereto or such other form as may be
provided to City by County, in County's discretion ("Monthly Progress Reports").
The Monthly Progress Reports for each month must be submitted to County no
later than the tenth (10th) calendar day of the following month, provided that, if
such date is a Saturday, Sunday, or holiday, the Monthly Progress Report may
be submitted on the business day immediately following such Saturday, Sunday,
or holiday.
3.4.4 In addition to the Monthly Progress Reports, City shall submit on a
quarterly basis, and at other times upon the request of the Contract
Administrator, information and status reports required by County or HUD on
forms approved by the Contract Administrator.
3.5 If the work, services, or activities fail to comply with the terms of this Agreement,
or if, in County's judgment, City, or any Subcontractor, has violated federal guidelines
and regulations, or the terms of this Agreement, County may issue a written stop order
to City pursuant to which City must halt all work, services, or activities for the Project.
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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 agreements
and correspondence between City and the Subcontractor, and any
correspondence related thereto, prior to the execution of any agreement
between City and the Subcontractor.
3.6.2 City's contract for design professional services must include, at a
minimum, any civil, structural, mechanical, and electrical engineering, and
architectural services, as may be required and 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
scope of services. City's contracts for design professional services must
require the Subcontractor to comply with the following requirements:
a. Schematic Design. The Subcontractor must prepare and submit for
approval by City schematic design documents consisting of
drawings and other documents illustrating the scale and
relationship of Project components ("Schematic Design
Documents"). City must 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 must comply with all Applicable Law
and requirements of governmental authorities applicable to 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 ("Design Development
Documents"). 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 must include, at a minimum,
the following, if applicable:
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, services, or activities fail to comply with the terms of this Agreement,
or if, in County's judgment, City, or any Subcontractor, has violated federal guidelines
and regulations, or the terms of this Agreement, County may issue a written stop order
to City pursuant to which City must halt all work, services, or activities for the Project.
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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
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 enough detail to allow issuance of
a building permit and obtain responsive bids. City shall provide a
copy of the final Contract Documents to the Contract Administrator
promptly after the Contract Documents are fully executed.
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
Applicable Law, including applicable building codes. The Project also
includes all Project site preparations, including but not limited to
preinspection, examination, tests and borings, and discovery of the site
conditions and other similar activities.
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County's judgment, City, or any Subcontractor, has violated federal guidelines
and regulations, or the terms of this Agreement, County may issue a written stop order
to City pursuant to which City must halt all work, services, or activities for the Project.
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3.6.4 All plan and specifications prepared or to be used for the Project shall be
certified and approved by City and submitted to County for approval as to
scope prior to advertisement or implementation, as applicable.
3.7 At the conclusion of each design phase provided for in Section 3.6.2, City shall
provide the associated deliverable and shall submit an invoice for payment utilizing the
form provided in Exhibit E.
3.8 City must furnish to County a schedule of construction activities indicating the
dates for the commencement and completion of the various stages of construction
("Construction Schedule"). City shall comply with the Construction Schedule and shall
update the Construction Schedule at least monthly, and when required based on the
progress of the Project. City shall not make any changes or modifications to the
Construction Schedule furnished to County without County's prior approval.
3.9 City shall submit written notification to County of all prebid and preconstruction
meetings at least two (2) weeks before the actual date of the meetings. County shall
have the right to review the final bid package for the Project.
3.10 All change orders related to the Contract Documents or the construction activities
are subject to prior written approval from the Contract Administrator.
3.11 ® (Check if applicable) At the completion of the Project, "as-built" drawings
must be submitted to the Contract Administrator prior to County's approval of the final
reimbursement payment to City under this Agreement.
3.12 If 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 Project, provided that any amendment
documenting such extension must not include any increase in total CDBG Funds for the
Project. It shall be City's responsibility to notify County promptly in writing whenever City
is anticipating or experiencing a delay in approval by a governmental agency, and to
furnish County with all facts, details, and related documentation in connection to the
delay.
3.13 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.
3.14 City shall notify County at least forty-eight (48) hours in advance of the date that
work on the Project will be initiated to allow for on-site inspections to be conducted by
County.
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iolated federal guidelines
and regulations, or the terms of this Agreement, County may issue a written stop order
to City pursuant to which City must halt all work, services, or activities for the Project.
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3.15 City shall meet or exceed the standards described in Exhibit A, and all Applicable
Law, and any other regulations imposed by any regulatory body or authority governing
the design, permitting, construction, and approval of the Project.
ARTICLE 4. FUNDING AND METHOD OF PAYMENT AND
PROVISIONS RELATING TO THE USE OF THE FUNDS
4.1 The maximum amount payable to City under this Agreement shall be
One Hundred Seventy-Seven Thousand Five Hundred Seventy-Five ($177,575) Dollars.
This Agreement is subject to the availability of CDBG Funds, as more specifically
described in Articles 4 and 11. No County funds shall be payable under this Agreement.
4.2 If City is in compliance with the applicable Rules and Regulations of HUD and the
terms of this Agreement, including the procedures for invoices and payments set forth in
this article, County shall reimburse City for eligible Project expenses expended as set
forth in Exhibit B, unless a suspension of payment as provided for in Section 4.9 of this
Agreement has occurred. At no time shall County distribute CDBG Funds to City if City
is not in compliance with the terms of this Agreement or for any Project expenses
sought to be reimbursed by City that are not eligible for reimbursement under the Rules
and Regulations of HUD.
4.3 City shall invoice County monthly, if eligible Project expenditures, in accordance
with Exhibit B, have been made, by furnishing to County a request for payment in the
form provided in Exhibit E and any such pertinent documentation requested by County,
together with the following supporting documentation:
4.3.1 Documentation of costs associated with any City personnel providing any
services for the Project, if applicable;
4.3.2 An executed copy of each Subcontractor contract authorizing work,
services, or activities to be performed for the Project, if applicable and not
previously submitted to County;
4.3.3 Documentation of any leveraging, as may be described in Exhibit B, that
has occurred during each month;
4.3.4 A certified copy of the purchase order or other City document authorizing
the work, services, activities, or materials for which City is invoicing;
4.3.5 A copy of all Subcontractor invoices for the Project indicating the work,
services, or activities rendered or materials purchased and the dates for
same, certified by City's engineer, architect, or administrator or manager
of the Project, as applicable;
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ional Airport Weather
Station.
3.14 City shall notify County at least forty-eight (48) hours in advance of the date that
work on the Project will be initiated to allow for on-site inspections to be conducted by
County.
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iolated federal guidelines
and regulations, or the terms of this Agreement, County may issue a written stop order
to City pursuant to which City must halt all work, services, or activities for the Project.
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4.3.6 A certification from City's administrator or the administrator's authorized
representative certifying that the work, services, or activities, or materials
being invoiced have been received or completed;
4.3.7 Upon submittal of the final invoice for reimbursement of eligible Project
expenditures made during the term of this Agreement, a final and
complete Monthly Progress Report, utilizing the form provided in
Exhibit D or such other form as may be provided to City by County, in
County's discretion; and
4.3.8 For reimbursement of any retainage paid by City, City must provide the
following additional documentation:
(a) Evidence, satisfactory to County, of completion of all Project work
and objectives;
(b) Copies of executed release forms from all Subcontractors;
(c) Final documentation, including applicable payroll documents,
required under the Davis-Bacon Act (40 U.S.C. 276a-276a-7) and
Section 3 of the Housing and Urban Development Act of 1968
(12 U.S.C. 1701u, and the implementing regulations at
24 C.F.R. Part 75, as applicable);
(d) Copies of final certified plans and "as-built" drawings, if required
under Section 3.11 of this Agreement;
(e) Copies of final permits for the Project and evidence that all permits
for the Project have been closed;
(f) Final request for payment, in the form provided in Exhibit E,
requesting reimbursement of the released retainage amount; and
(g) Any other documentation reasonably required by County in
connection with reimbursement of the released retainage amount.
4.4 Following receipt of invoices and supporting documentation, as described in
Section 4.3, County 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. County may, in its discretion, deny a
reimbursement payment to City if City fails to provide any of the documentation required
by Section 4.3 above. Upon determination by County that the items invoiced have been
received or completed, County shall make payment to City the amount County
determines to be payable. Payment for travel costs or
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engineer, architect, or administrator or manager
of the Project, as applicable;
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ional Airport Weather
Station.
3.14 City shall notify County at least forty-eight (48) hours in advance of the date that
work on the Project will be initiated to allow for on-site inspections to be conducted by
County.
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iolated federal guidelines
and regulations, or the terms of this Agreement, County may issue a written stop order
to City pursuant to which City must halt all work, services, or activities for the Project.
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travel-related expenses permitted under Exhibit B to this Agreement, if any, shall be
made in accordance with Section 112.061, Florida Statutes.
4.5 City shall disclose to County any and all third-party funding, whether public or
private, for the Project. No CDBG Funds shall be used to supplant existing third-party
funding.
4.6 City shall not be entitled to reimbursement for any invoices received by County
later than sixty (60) days after the expiration or earlier termination of this Agreement.
4.7 County shall pay City within thirty (30) calendar days after 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. To be deemed proper, all invoices must comply with the requirements set
forth in this Agreement, including the requirements of Section 4.3. Payment may be
withheld for failure of City to comply with any term, condition, or requirement of this
Agreement or the Rules and Regulations of HUD.
4.8 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.
4.9 County may suspend payment under this Agreement for any of the following
events:
4.9.1 Ineligible use of CDBG Funds under this Agreement or the Rules and
Regulations of HUD;
4.9.2 Failure to comply with the terms of this Agreement;
4.9.3 Failure to submit reports as required, including Monthly Progress Reports,
beneficiary data, and a favorable audit report;
4.9.4 Submission of incorrect or incomplete reports in any material respect; and
4.9.5 Failure to comply with the indemnification obligations under this
Agreement.
In the event County elects to suspend payment to City pursuant to this section, County
shall specify the actions that must be taken by City as a condition precedent to
resumption of payments, and specify a reasonable date by which City must take such
actions.
4.10 At the sole discretion of the Contract Administrator, unexpended CDBG
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nt to City the amount County
determines to be payable. Payment for travel costs or
Page 8 of 29
engineer, architect, or administrator or manager
of the Project, as applicable;
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ional Airport Weather
Station.
3.14 City shall notify County at least forty-eight (48) hours in advance of the date that
work on the Project will be initiated to allow for on-site inspections to be conducted by
County.
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iolated federal guidelines
and regulations, or the terms of this Agreement, County may issue a written stop order
to City pursuant to which City must halt all work, services, or activities for the Project.
Page 3 of 29
Funds not provided to or reimbursed to City under the terms of this Agreement,
including, but not limited to funds unexpended due to a failure to meet the deadlines in
accordance with Section 3.3 or failure to comply with any other terms of this Agreement,
may be reallocated by County to other CDBG Program projects approved for funding by
the Board.
4.11 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 make an administrative
offset against other requests by City for reimbursements.
4.12 City shall invoice all Subcontractor fees, whether paid on a "lump sum" or
other basis, with no markup. All Subcontractor fees shall be billed in the actual amount
paid by City.
4.13 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 City to the extent necessary to protect itself
from loss on account of inadequate or defective work that has not been remedied or
resolved in a manner satisfactory to the Contract Administrator, or due to City's failure
to comply with this Agreement. The amount withheld shall not be subject to payment of
interest by County.
4.14 Notwithstanding any provision in this Agreement to the contrary, in the event
County is required to repay HUD any CDBG Program funding received from HUD for
the Project, pursuant to any repayment requirements set forth in 24 C.F.R. Part 570, or
any other applicable Rules and Regulations of HUD, City must repay County such
CDBG Funds in accordance with the repayment provisions set forth in Section 9.5 of
this Agreement.
ARTICLE 5. INDEMNIFICATION
5.1 City shall indemnify, hold harmless, and defend County and all of County's
current, past, and future officers, agents, and employees (collectively, "Indemnified
Party") from and against any and all causes of action, demands, claims, losses,
liabilities, and expenditures of any kind, including attorneys' fees, court costs, and
expenses, including through the conclusion of any appellate proceedings, raised or
asserted by any person or entity not a party to this Agreement, and caused or alleged to
be caused, in whole or in part, by any breach of this Agreement by City, or any
intentional, reckless, or negligent act or omission of City, its officers, employees, or
agents, arising from, relating to, or in connection with this Agreement (collectively, a
"Claim"). If any Claim is brought against an Indemnified Party, City shall, upon written
notice from County, defend each Indemnified Party with counsel satisfactory to County
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or, at County's option, pay for an attorney selected by the County Attorney to defend the
Indemnified Party. The obligations of this section shall survive the expiration or earlier
termination of this Agreement. If considered necessary by the Contract Administrator
and the County Attorney, any sums due City under this Agreement may be retained by
County until all Claims subject to this indemnification obligation have been settled or
otherwise resolved. Any amount withheld shall not be subject to payment of interest by
County. 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. The obligations of this section shall survive the
expiration or earlier termination of this Agreement.
5.2 For construction-related activities. To the extent permitted by law, and without
either party waiving its sovereign immunity or any limits established by Section 768.28,
Florida Statutes, City shall indemnify and hold harmless County, its officers, and
employees from liabilities, damages, losses, and costs, including but not limited to
reasonable attorneys' fees, to the extent caused by any breach of this Agreement by
City, or any negligence, recklessness, or intentional wrongful misconduct of City and
persons employed or utilized by City in the performance of this Agreement. To the
extent considered necessary by Contract Administrator and County Attorney, any sums
due City under this Agreement may be retained by County until all of County's claims for
indemnification pursuant to this Agreement have been settled or otherwise resolved,
and any amount withheld shall not be subject to payment of interest by County. These
indemnifications shall survive the term of this Agreement.
ARTICLE 6. INSURANCE
6.1 City is a governmental entity and is fully responsible for the acts and omissions of
its agents or employees, subject to any applicable limitations of Section 768.28, Florida
Statutes.
6.2 Upon request by County, City must provide County with written verification of
liability protection that meets or exceeds any requirements of Florida law. If City holds
any excess liability coverage, City must ensure that "Broward County" is listed and
endorsed as an additional insured under such excess liability policy and provide
evidence of same to County.
6.3 If City maintains broader coverage or higher limits than the minimum coverage
required under Florida law, County shall be entitled to all such broader coverages and
higher limits on a primary coverage and noncontributory basis. County's insurance
requirements shall apply to City's self-insurance.
6.4 In the event City contracts with a Subcontractor to provide any of the services for
the Project, City shall require that each Subcontractor maintain insurance coverage that
adequately covers each Subcontractor's exposure based on the services provided by
that Subcontractor. City shall ensure that all such Subcontractors comply with these
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requirements and that "Broward County" is named as an additional insured and
certificate holder under the Subcontractor's applicable insurance policies. City shall not
permit any Subcontractor to provide services for the Project unless and until all
applicable requirements of this article are satisfied. If requested by County, City shall
furnish evidence of insurance of all such Subcontractors.
6.5 County reserves the right, but not the responsibility, at any time to review any
and all insurance policies and to adjust the limits and types of coverage required under
this article.
ARTICLE 7. REPRESENTATIONS AND WARRANTIES
7.1 In accordance with 31 U.S.C. 1352 and implementing regulations set forth in 24
C.F.R. Part 87, City certifies, to the best of its knowledge, that:
7.1.1 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 of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
7.1.2 If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with this Agreement, City shall complete and submit to County
Standard Form-LLL, "Disclosure Form to Report Lobbying," set forth in
Appendix B to 24 C.F.R. Part 87, in accordance with its instructions.
7.1.3 City shall require that the language of this section be included in the award
documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose
accordingly.
7.2 In accordance with Section 519 of the Department of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations Act, 1990
(Public Law 101-144), Section 906 of the Cranston-Gonzalez National Affordable
Housing Act (Public Law 101-625), which amended Title I of the Housing and
Community Development Act of 1974, and Section 104(L) of Title I of the Housing and
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requirements shall apply to City's self-insurance.
6.4 In the event City contracts with a Subcontractor to provide any of the services for
the Project, City shall require that each Subcontractor maintain insurance coverage that
adequately covers each Subcontractor's exposure based on the services provided by
that Subcontractor. City shall ensure that all such Subcontractors comply with these
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Community Development Act of 1974 as amended (42 U.S.C. §5304), City represents
and warranties that it has adopted and is enforcing policies within its jurisdiction that:
7.2.1 Prohibit the use of excessive force by law enforcement agencies against
any individuals engaged in nonviolent civil rights demonstrations; and
7.2.2 Enforce applicable State and local laws that prohibit any action that
physically bars an entrance to or exit from, a facility or location where a
nonviolent civil rights demonstration is being conducted.
7.3 Verification of Employment Eligibility. City represents that City and each
Subcontractor have registered with and use the E-Verify system maintained by the
United States Department of Homeland Security to verify the work authorization status
of all newly hired employees in compliance with the requirements of Section 448.095,
Florida Statutes, and that entry into this Agreement will not violate that statute. If City
violates this section, County may immediately terminate this Agreement for cause and
City shall be liable for all costs incurred by County due to the termination.
7.4 Prohibited Telecommunications Equipment. City represents and certifies that it
and its Subcontractors do not use any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of
any system, or as critical technology as part of any system, as such terms are used in
48 CFR §§ 52.204-24 through 52.204-26. City represents and certifies that City and its
Subcontractors shall not provide or use such covered telecommunications equipment,
system, or services during the term of this Agreement.
7.5 Representation of Authority. City represents and warrants that this Agreement
constitutes the legal, valid, binding, and enforceable obligation of City, and that neither
the execution nor performance of this Agreement constitutes a breach of any agreement
that City has with any third party, or violates any law, rule, regulation, or duty arising in
law or equity applicable to City. City further represents and warrants that execution of
this Agreement is within City's legal powers, and each individual executing this
Agreement on behalf of City is duly authorized by all necessary and appropriate action
to do so on behalf of City and does so with full legal authority.
7.6 Breach of Representations. In entering into this Agreement, City acknowledges
that County is materially relying on the representations and warranties of City stated in
this article. County shall be entitled to recover any damages it incurs to the extent any
such representation or warranty is untrue. In addition, if any such representation or
warranty is false, County shall have the right, at its sole discretion, to terminate this
Agreement without any further liability to City, to deduct from CDBG Funds due to City
under this Agreement the full amount of any value paid in violation of a representation
or warranty, or to recover all CDBG Funds paid to City under this Agreement.
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contractors comply with these
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ARTICLE 8. GENERAL COMPLIANCE OBLIGATIONS
8.1 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 general policies set forth in 24 C.F.R. Part 570.200 and all other 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.
8.2 City shall comply with 24 C.F.R. 570.611 regarding conflicts of interest and shall
establish safeguards to prohibit its employees or Subcontractors 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 family,
business, or other association. Any possible conflict of interest on the part of City, its
officers, employees, or agents shall be disclosed in writing to County.
8.3 City shall use its own procurement procedures for the procurements of property
and services. City's procurement procedure shall comply with applicable federal, state,
and local laws and regulations, including but not limited to 24 C.F.R. Parts 570.502 and
570.610, and the procurement standards set forth in 2 C.F.R. Part 200, Subpart D,
including but not limited to 2 C.F.R. Part 200.321. All contracts with Subcontractors for
the Project shall contain any and all applicable required contract provisions set forth in
2 C.F.R. Appendix II to Part 200.
8.4 City shall comply with the requirements set forth in County'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.
8.5 City shall not use CDBG Funds to support or engage in any explicitly religious
activities, including but not limited to worship, religious instruction, or proselytization, in
compliance with 24 C.F.R. Part 570.200(j) and 24 C.F.R. Part 5.109.
8.6 City shall not use CDBG Funds to finance the use of facilities or equipment for
political purposes or to engage in other partisan political activities, such as candidate
forums, voter transportation, or voter registration, in compliance with
24 C.F.R. Part 570.207.
8.7 City shall not take actions designed to discourage affordable housing for sale or
rent within the boundaries of County.
8.8 City shall comply with the requirements set forth in 24 C.F.R. Part 570,
Subpart K, Other Program Requirements, and 24 C.F.R. Part 5, Subpart A, as
applicable to the Project including but not limited to the following:
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Agreement without any further liability to City, to deduct from CDBG Funds due to City
under this Agreement the full amount of any value paid in violation of a representation
or warranty, or to recover all CDBG Funds paid to City under this Agreement.
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contractors comply with these
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8.8.1 Title VI of the Civil Rights Act of 1964, as amended
(42 U.S.C. 2000d et seq.), and implementing regulations at
24 C.F.R. 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.
8.8.2 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 C.F.R. Part 100 et seq., which prohibit
discrimination of persons on the basis of race, color, religion, sex,
disability, familial status, or national origin in housing practices, and which
require that no action be taken that is materially inconsistent with the
obligation to affirmatively further fair housing.
8.8.3 Executive Order 11063, as amended by Executive Order 12259
(Equal Opportunity in Housing Programs) and implementing regulations at
24 C.F.R. Part 107.
8.8.4 Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.),
and the implementing regulations at 24 C.F.R. Part 146, which prohibit
discrimination of persons on the basis of age under any program or
activity for which City receives federal financial assistance.
8.8.5 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the
implementing regulations at 24 C.F.R. 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.
8.8.6 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.
8.8.7 Title II of the Americans with Disabilities Act of 1990, as amended
(42 U.S.C. 12101 et seq.), which prohibits discrimination on the basis of
disability in services, programs, and activities provided by state and local
government entities.
8.8.8 Section 3 of the Housing and Urban Development Act of 1968
(12 U.S.C. 1701u, and the implementing regulations at 24 C.F.R. Part 75,
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shall comply with the requirements set forth in 24 C.F.R. Part 570,
Subpart K, Other Program Requirements, and 24 C.F.R. Part 5, Subpart A, as
applicable to the Project including but not limited to the following:
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Agreement without any further liability to City, to deduct from CDBG Funds due to City
under this Agreement the full amount of any value paid in violation of a representation
or warranty, or to recover all CDBG Funds paid to City under this Agreement.
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contractors comply with these
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as applicable), which provides for training, employment, contracting, and
other economic opportunities for low- and very low-income persons.
8.8.9 The disclosure requirements and prohibitions set forth in 31 U.S.C. 1352
and implementing regulations set forth in 24 C.F.R. 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.).
8.8.10 The prohibitions set forth in 2 C.F.R. Part 2424 relating to the use of
debarred, suspended, or ineligible contractors and participants.
8.8.11 The Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) and the
implementing regulations set forth in 2 C.F.R. Part 2429.
8.8.12 The Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4852d) and the implementing regulations set forth in
24 C.F.R. Part 35, if applicable.
Notwithstanding the above, in compliance with 24 C.F.R. Part 570.503(b)(5), City does
not assume County's environmental responsibilities described in
24 C.F.R. Part 570.604, nor County's responsibility for initiating the review process
under the provisions of 24 C.F.R. Part 52.
8.9 City shall comply with the recordkeeping and reporting requirements under this
Agreement, 24 C.F.R. Part 570 (including 24 C.F.R. Part 570.502,
24 C.F.R. Part 570.506, and 24 C.F.R. Part 570.507), 2 C.F.R. Part 200, and
24 C.F.R. Part 5.168, as applicable, to enable County to comply with its recordkeeping
and reporting requirements set forth in 24 C.F.R. Part 570.
8.10 In addition to the reversion of assets requirements set forth in Section 9.7,
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 Contract Administrator after City has
requested disposition instructions.
8.11 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 C.F.R. Part 32) if CDBG Funds expended under this Agreement
exceed One Hundred Thousand Dollars ($100,000).
8.12 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
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Subpart K, Other Program Requirements, and 24 C.F.R. Part 5, Subpart A, as
applicable to the Project including but not limited to the following:
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Agreement without any further liability to City, to deduct from CDBG Funds due to City
under this Agreement the full amount of any value paid in violation of a representation
or warranty, or to recover all CDBG Funds paid to City under this Agreement.
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contractors comply with these
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compliance with the Energy Policy and Conservation Act of 1975
(Public Law 94-163, 89 Statute 871).
8.13 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 representatives, access to any
books, documents, papers, and records of City, or Subcontractors, which are directly
pertinent to this Agreement for the purpose of making audits, examination, excerpts,
and transcriptions. The rights of access granted under this section 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.
8.14 If applicable, City shall comply, and ensure that all Subcontractors comply, with
the Section 3 requirements set forth in 24 C.F.R. Part 75, including the requirements of
24 C.F.R. Part 75.19, and shall include language applying such Section 3 requirements
in any contracts or agreements for the Project.
8.15 City shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as
supplemented in the United States Department of Labor regulations at
29 C.F.R. Part 3.
8.16 In addition to the equal employment opportunity requirements set forth in
Section 12.2, City shall comply with, as applicable, Executive Order 11246,
"Equal Employment Opportunity," as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at 41 C.F.R. Part 60, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor."
8.17 If there is any construction, alteration or repair work over Two Thousand Dollars
($2,000) 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.
ARTICLE 9 - FINANCIAL RESPONSIBILITY
9.1 City shall comply with the requirements, standards, and the applicable provisions
set forth in 2 C.F.R. Part 200, "Uniform Administrative Requirements, Costs Principles,
and Audit Requirements for Federal Awards" and 24 C.F.R. Part 570.502. In
accordance with 2 C.F.R. Part 200.101(b)(2), with the exception of the requirements set
forth in 2 C.F.R. Part 200, Subpart F, Audit Requirements, if any of the provisions of
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of a representation
or warranty, or to recover all CDBG Funds paid to City under this Agreement.
Page 13 of 29
contractors comply with these
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federal statutes or regulations relating specifically to the CDBG Program differ from the
provisions set forth in 2 C.F.R. Part 200, the provision of the federal statutes or
regulations specific to the CDBG Program shall govern.
9.2 City shall comply with the audit requirements set forth in 2 C.F.R. Part 200,
Subpart F, "Audit Requirements," and Chapter 10.550, Rules of the Auditor General,
State of Florida, as applicable. The audit required under 2 C.F.R. 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 explicit disclosure in the
annual financial statements or the accompanying notes to the financial statements.
9.3 City shall use CDBG Funds only for eligible Project activities as specified in
Exhibit A and in accordance with the Project budget set forth in Exhibit B.
9.4 City shall budget and expend all CDBG Funds provided by County under this
Agreement in accordance with County's "Procedures Manual for Subrecipients."
9.5 In addition to County's right to terminate this Agreement in accordance with
Article 11, City shall be required to repay to County, in County's sole discretion, any
CDBG Funds determined by County or HUD to be ineligible for reimbursement under
the terms of this Agreement, including but not limited to in the following events:
9.5.1 Use of any CDBG Funds for ineligible Project expenses or activities,
including any overpayments by County.
9.5.2 Any CDBG Funds expended by City, or any of its Subcontractors, in
violation of this Agreement.
9.5.3 Failure to complete the Project in a manner that complies with the national
objectives described in this Agreement.
9.5.4 Any CDBG Funds expended under this Agreement and required to be
repaid to HUD.
If City is required to repay County any CDBG Funds pursuant to this section, City shall
repay such funds from nonfederal resources within
thirty (30) days after the 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
Program projects. This provision shall survive the expiration or earlier termination of this
Agreement.
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ards, and the applicable provisions
set forth in 2 C.F.R. Part 200, "Uniform Administrative Requirements, Costs Principles,
and Audit Requirements for Federal Awards" and 24 C.F.R. Part 570.502. In
accordance with 2 C.F.R. Part 200.101(b)(2), with the exception of the requirements set
forth in 2 C.F.R. Part 200, Subpart F, Audit Requirements, if any of the provisions of
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of a representation
or warranty, or to recover all CDBG Funds paid to City under this Agreement.
Page 13 of 29
contractors comply with these
Page 11 of 29
9.6 City shall account for "Program Income," as defined in 24 C.F.R. Part 570.500(a),
in accordance with the provisions under 24 C.F.R. Part 570.504. Any Program Income
received by City after the Effective Date (as defined in Article 10) that was generated
under this Agreement or any prior fiscal year CDBG Program funding agreement with
County shall be returned to County in accordance with 24 C.F.R. Part 570.503(b) and
24 C.F.R. Part 570.504, relating to Program Income under the CDBG Program. Unless
otherwise provided in any Rules and Regulations of HUD, County may reallocate the
Program Income to City's CDBG funding award in County's next CDBG Program
funding cycle, subject to the retention of a twenty percent (20%) administrative fee
payable to County.
9.7 Real Property; Reversion of Assets. City shall comply with the requirements
under 24 C.F.R. Parts 570.503 and 570.505, as applicable, including but not limited to
the following:
9.7.1 Upon the expiration or earlier termination of this Agreement, City shall
transfer to County any CDBG Funds on hand and any accounts receivable
attributable to the use of CDBG Funds under this Agreement.
9.7.2 Real property under City's control that was acquired or improved, in whole
or in part, with CDBG Funds in excess of Twenty-five Thousand Dollars
($25,000) shall be used to meet one of the CDBG Program national
objectives set forth in 24 C.F.R. Part 570.208 during the term of this
Agreement and for a period ending five (5) years after the expiration or
earlier termination of this Agreement, or for such longer period of time as
determined to be appropriate by County. If City fails to use CDBG
Program-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 market value of the property less any portion
of the value attributable to expenditures of non CDBG Program funds for
acquisition of, or improvement to, the property. Such payment shall
constitute Program Income to County.
9.8 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 C.F.R. Part 200.313; except that, pursuant to
24 C.F.R. Part 570.502(a)(8), if equipment is sold, the proceeds shall be Program
Income.
ARTICLE 10. TERM OF AGREEMENT
The term of this Agreement shall commence retroactively on October 1, 2022 ("Effective
Date") and shall end on September 30, 2023, unless terminated earlier or extended
pursuant to the terms of this Agreement. City may submit a written request for an
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)(2), with the exception of the requirements set
forth in 2 C.F.R. Part 200, Subpart F, Audit Requirements, if any of the provisions of
Page 17 of 29
of a representation
or warranty, or to recover all CDBG Funds paid to City under this Agreement.
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contractors comply with these
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extension to the term of this Agreement to the Contract Administrator no less than one
hundred and twenty (120) days prior to the expiration date of this Agreement. If the
Contract Administrator approves an extension to the term of this Agreement, the Parties
shall enter into an amendment as provided in Section 12.17.
ARTICLE 11. TERMINATION
11.1 This Agreement is subject to the availability of CDBG Program funding from
HUD. If HUD terminates, suspends, discontinues, or substantially reduces the CDBG
Funds available for the Project activity under this Agreement, as determined in County's
sole discretion, County may terminate this Agreement upon City's receipt from County
of no less than twenty-four (24) hours' notice.
11.2 Termination for Cause.
11.2.1 This Agreement may be terminated for cause by the aggrieved Party if the
Party in breach has not corrected the breach within
ten (10) days after receipt of written notice from the aggrieved Party
identifying the breach. Any notice of termination provided by County
pursuant to this section 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 may file an appeal within five (5) days after receipt of
County's notice of termination.
11.2.2 This Agreement may be terminated for cause by County for reasons
including, but not limited to, any of the following: (i) City's failure to meet
any of the project deadlines set forth in Exhibit C, within forty-five (45)
days after the applicable deadline; (ii) City's repeated submission (whether
negligent or intentional) for payment of false or incorrect bills or invoices;
(iii) City's failure to comply with Applicable Law, including the Rules and
Regulations of HUD; (iv) City's failure to repay County as provided for in
Section 9.5; (v) City's failure to comply with the monitoring and reporting
requirements of this Agreement, including the requirements of Section 3.4;
(vi) City's material breach of the representations and warranties set forth
in Article 7; (vii) City's 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 C.F.R. Part
2424; (viii) if a Subcontractor is a "scrutinized company" pursuant to
Section 215.473, Florida Statutes or is placed on a "discriminatory vendor
list" pursuant to Section 287.134, Florida Statutes, or upon the occurrence
of any of the grounds set forth in Section 287.135, Florida Statutes.
11.2.3 In 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
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Page 19 of 29
)(2), with the exception of the requirements set
forth in 2 C.F.R. Part 200, Subpart F, Audit Requirements, if any of the provisions of
Page 17 of 29
of a representation
or warranty, or to recover all CDBG Funds paid to City under this Agreement.
Page 13 of 29
contractors comply with these
Page 11 of 29
accordance with Section 9.5. 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 11.4.
If County erroneously, improperly, or unjustifiably terminates this Agreement for cause,
such termination shall be deemed a termination for convenience pursuant to section
11.3 effective thirty (30) days after such notice was provided.
11.3 Termination for Convenience. This Agreement may also be terminated for
convenience by the Board with at least thirty (30) days advance written notice to City.
City acknowledges that it has received good, valuable and sufficient consideration for
County's right to terminate this Agreement for convenience including in the form of
County's obligation to provide advance notice to City of such termination in accordance
with this section. This Agreement may also be terminated by the County Administrator
upon such notice as the County Administrator deems appropriate under the
circumstances if the County Administrator determines that termination is necessary to
protect the public health, safety, or welfare.
11.4 If this Agreement is terminated for any reason, County may, in County's sole
discretion, 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, incurred by City prior to the
date either party provides written notice of termination to the other party. For purposes
of this Agreement, a documented and committed eligible Project expense means any
verifiable committed expense, including but not limited to a purchase order for payment
of materials and supplies, executed by City or Subcontractor on City's behalf, for Project
activities under this Agreement. Notwithstanding the above, City shall not expend, or
commit to expend, any funds for eligible Project expenses under this Agreement after
either party provides written notice of termination to the other party. Any payment by
County pursuant to this section is subject to the repayment provisions in Section 9.5,
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 complying with this Agreement or the Rules and Regulations of HUD.
11.5 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 to protect the public health, safety, or welfare
may be oral notice that shall be promptly confirmed in writing.
11.6 If this Agreement is terminated for any reason, any amounts due City shall be
withheld by County until all Documents and Work are provided to County pursuant to
Section 12.1.
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Page 13 of 29
contractors comply with these
Page 11 of 29
11.7. In addition to any termination rights stated in this Agreement, County shall be
entitled to seek any and all available contractual or other remedies available at law or in
equity.
ARTICLE 12 - MISCELLANEOUS
12.1 Rights in Documents and Works. Any and all reports, photographs, surveys,
documents, materials, data or other work created by City in connection with this
performing Services, whether finished or unfinished ("Documents and Work"), shall be
owned by County, and City hereby transfers to County all right, title, and interest,
including any copyright or other intellectual property rights in or to the Documents and
Work. if a copyright is claimed, City grants to County and the Federal Government a
royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use
the work, and to authorize others to do so. use the copyrighted item(s) indefinitely, to
prepare derivative works, and to make and distribute copies to the public Upon
expiration or termination of this Agreement, the Documents and Work 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 after
expiration or termination. Any compensation due to City may be withheld until all
Documents and Work are received as provided in this Agreement. 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 all Subcontractors, except that any project assisted by the U.S.
Department of Transportation funds shall comply with the nondiscrimination
requirements in 49 C.F.R. Parts 23 and 26.
12.3 Public Records. City shall comply with all applicable requirements of
Chapter 119, Florida Statutes, including the requirements of Section 119.0701.
12.4 Audit Rights and Retention of Records. County shall have the right to audit the
books, records, and accounts of City and all Subcontractors that are related to this
Agreement. City and its Subcontractors shall keep such books, records, and accounts
as may be necessary to record complete and correct entries related to this Agreement
and performance under this Agreement. All such books, records, and accounts 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 and all Subcontractors shall make
same available in written form at no cost to County. City shall provide County with
reasonable access to City's facilities, and County shall be allowed to interview all
current or former employees to discuss matters pertinent to the performance of this
Page 22 of 29
Agreement.
City and all Subcontractors shall preserve and make available, at reasonable times
within Broward County, Florida for examination and audit, all financial records,
supporting documents, statistical records, and any other documents pertinent to this
Agreement for at least four (4) years after expiration or termination of this Agreement, or
until resolution of any audit findings, whichever is longer. This article shall survive any
dispute or litigation between the Parties, and City expressly acknowledges and agrees
to be bound by this article throughout the course of any dispute or litigation with County.
City must comply with the records retention requirements set forth in 24 C.F.R. Part
570.502(a)(7)(i). Any audit or inspection pursuant to this section may be performed by
any County representative (including any outside representative engaged by County).
City hereby grants County 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 reveals overpricing or overcharges to County
of any nature by City in excess of five percent (5%) of the total contract billings reviewed
by County, in addition to making adjustments for the overcharges, City shall pay the
reasonable cost of County's audit. Any adjustments or payments due as a result of
such audit or inspection shall be made within thirty (30) days after presentation of
County's findings to City.
City shall ensure that the requirements of this section are included in all agreements
with all Subcontractors.
12.5 Sovereign Immunity. Except to the extent sovereign immunity may be deemed to
be waived by entering into this Agreement, nothing herein is intended to serve as a
waiver of sovereign immunity by either County or City nor shall anything included herein
be construed as consent by either County or City to be sued by third parties in any
matter arising out of this Agreement. Both County and City are political subdivisions as
defined in Section 768.28, Florida Statutes, and each shall be responsible for the
negligent or wrongful acts or omissions of their employees pursuant to Section 768.28,
Florida Statutes.
12.6 Independent Contractor. City is an independent contractor of County and nothing
in this Agreement shall constitute or create a partnership, joint venture, or any other
relationship between the Parties. In providing the Project, 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.
Page 23 of 29
equest to do so, City and all Subcontractors shall make
same available in written form at no cost to County. City shall provide County with
reasonable access to City's facilities, and County shall be allowed to interview all
current or former employees to discuss matters pertinent to the performance of this
Page 22 of 29
12.7 Third Party Beneficiaries. Neither City nor County intends to directly or
substantially benefit a third party by this Agreement. Therefore, the Parties
acknowledge that there are no third-party beneficiaries to this Agreement and that no
third party shall be entitled to assert a right or claim against either of them based upon
this Agreement.
12.8 Notice and Payment Address. Unless otherwise stated herein, for notice to a
Party to be effective under this Agreement, notice must be sent via U.S. first-class mail,
hand delivery, or commercial overnight delivery, each with a contemporaneous copy via
email, to the addresses listed below and shall be effective upon mailing or hand delivery
(provided the contemporaneous email is also sent). Payments shall be made to the
noticed address for City. Addresses may be changed by the applicable Party giving
notice of such change in accordance with this section.
FOR COUNTY:
Broward County Housing Finance Division
Attn: Ralph Stone, Director
110 N.E. 3rd Street, Third Floor
Fort Lauderdale, Florida 33301
Email address: rstone@broward.org
FOR CITY:
Ana M. Garcia, City Manager
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Email address: agarcia@daniabeachfl.gov
12.9 Assignment. Except for approved subcontracting, neither this Agreement nor any
right or interest in it may be assigned, transferred, subcontracted, or encumbered by
City without the prior written consent of County. Any assignment, transfer,
encumbrance, or subcontract in violation of this section shall be void and ineffective,
constitute a breach of this Agreement, and permit County to immediately terminate this
Agreement, in addition to any other remedies available to County at law or in equity.
12.10 Materiality and Waiver of Breach. Each requirement, duty, and obligation set
forth in this Agreement was bargained for at arm's length and is agreed to by the
Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial
and important to the formation of this Agreement, and each is, therefore, a material
term. 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 shall
not be deemed a waiver of any subsequent breach and shall not be construed to be a
modification of this Agreement. To be effective, any waiver must be in writing signed by
Page 24 of 29
reement shall constitute or create a partnership, joint venture, or any other
relationship between the Parties. In providing the Project, 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.
Page 23 of 29
equest to do so, City and all Subcontractors shall make
same available in written form at no cost to County. City shall provide County with
reasonable access to City's facilities, and County shall be allowed to interview all
current or former employees to discuss matters pertinent to the performance of this
Page 22 of 29
an authorized signatory of the Party granting the waiver.
12.11 Compliance with Laws. City and the Project must comply with all Applicable Law,
including, without limitation, the Rules and Regulations of HUD and any related federal,
state, or local laws, rules, and regulations, the Americans with Disabilities Act, 42 U.S.C.
§ 12101, Section 504 of the Rehabilitation Act of 1973, and the requirements of any
applicable grant agreements.
12.12 Severability. If 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.
12.13 Joint Preparation. This Agreement has been jointly prepared by the Parties
hereto, and shall not be construed more strictly against either Party.
12.14 Interpretation. The titles and 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 any other
gender, and the singular shall include the plural, and vice versa, unless the context
otherwise requires. Terms such as "herein," 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
subsections thereof, unless the reference is made to a particular subsection or
subparagraph of such section or article. Any reference to "days" means calendar days,
unless otherwise expressly stated. Any reference to approval by County shall require
approval in writing, unless otherwise expressly stated.
12.15 Priority of Provisions. If there is a conflict or inconsistency between any term,
statement, requirement, or provision of any document or exhibit attached to, referenced
by, or incorporated in this Agreement and any provision within an article or section of
this Agreement, the article or section shall prevail and be given effect. If there is a
conflict between any provisions set forth in this Agreement and a more stringent state or
federal provision which is applicable to this Agreement, the CDBG Funds, or the
Project, the more stringent state or federal provision shall prevail.
12.16 Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be
interpreted and construed in accordance with and governed by the laws of the State of
Florida. The 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
and for Broward County, Florida. If any claim arising from, related to, or in connection
with this Agreement must be litigated in federal court, the exclusive venue for any such
lawsuit shall be in the United States District Court or United States Bankruptcy Court for
the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY
RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED
Page 25 of 29
rtinent to the performance of this
Page 22 of 29
TO THIS AGREEMENT.
12.17 Amendments. Unless expressly authorized herein, no modification, amendment,
or alteration of any portion of this Agreement is effective unless contained in a written
document executed with the same or similar formality as this Agreement and executed
by duly authorized representatives of County and City. The County Administrator is
hereby authorized to execute amendments that extend the term of the Agreement, or
that change the Project, so long as the Project, as amended, consists of eligible
activities under 24 C.F.R. Part 570. The Contract Administrator is hereby authorized to
approve, in writing, line item budget changes to the information set forth in Exhibit B
during the term of this Agreement, and for sixty (60) days after expiration or earlier
termination of this Agreement, in order to reconcile City's expenditures of CDBG Funds,
provided such changes do not result in an increase in the total amount of the CDBG
Funds. The written document from the Contract Administrator approving such changes
shall be deemed incorporated into this Agreement.
12.18 Prior Agreements. This Agreement represents the final and complete
understanding of the Parties regarding the subject matter of this Agreement and
supersedes all prior and contemporaneous negotiations and discussions regarding
same. All commitments, agreements, and understandings of the Parties concerning the
subject matter of this Agreement are contained herein.
12.19 Payable Interest.
12.19.1 Payment of Interest. Unless prohibited by Applicable Law, County
shall not be liable for any interest to City for any reason, whether as
prejudgment interest or for any other purpose, and City waives, rejects,
disclaims, and surrenders any and all entitlement to interest in connection
with a dispute or claim arising from, related to, or in connection with this
Agreement.
12.19.2 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, one quarter
of one percent (0.25%) simple interest (uncompounded).
12.20 Survival. County's right to monitor, evaluate, enforce, audit, and review, any
obligations by City to indemnify and insure, any representations and warranties of City,
and items of financial responsibility shall survive the expiration or earlier termination of
this Agreement. Any provision of this Agreement that 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.
Page 26 of 29
the exclusive venue for any such
lawsuit shall be in the United States District Court or United States Bankruptcy Court for
the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY
RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED
Page 25 of 29
rtinent to the performance of this
Page 22 of 29
12.21 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 them to carry out this Agreement
and give effect hereto, and as may be required to comply with the Rules and
Regulations of HUD or any other applicable federal, state, or local laws, regulations,
directives, and objectives. Accordingly, without in any manner limiting the specific rights
and obligations set forth in this Agreement, the Parties intend to cooperate with each
other in effecting the terms of this Agreement.
12.22 Force Maleure. 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, or 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.
12.23 Incorporation by Reference. Any and all Recital clauses stated above are true
and correct and are incorporated in this Agreement by reference. The attached Exhibits
are incorporated into and made a part of this Agreement.
12.24 Counterparts and Multiple Originals. This Agreement may be executed in multiple
originals, and may be executed in counterparts, whether signed physically or
electronically, each of which shall be deemed to be an original, but all of which, taken
together, shall constitute one and the same agreement.
12.25 Use of County Name or Logo. City shall not use County's name or logo in any
marketing or publicity materials without prior written consent from the Contract
Administrator.
12.26 Drug-Free Workplace. If required under Section 21.23(f), Broward County
Administrative Code, or Section 287.087, Florida Statutes, City certifies that it has and
will maintain a drug-free workplace program throughout the Term.
(Remainder of Page Intentionally Left Blank)
Page 27 of 29
t and be enforceable.
Page 26 of 29
the exclusive venue for any such
lawsuit shall be in the United States District Court or United States Bankruptcy Court for
the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY
RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED
Page 25 of 29
rtinent to the performance of this
Page 22 of 29
IN WITNESS WHEREOF, the Parties have made and executed this Agreement:
BROWARD COUNTY, signing by and through its County Administrator, authorized to
execute same by Board action on the_day of , 20_ (Agenda Item
No. ), and City of Dania Beach, signing by and through its Mayor or Vice Mayor, duly
authorized to execute same.
COUNTY
BROWARD COUNTY, by and through
its County Administrator
By:
Monica Cepero
day of , 20_
Approved as to form by
Andrew J. Meyers
Broward County Attorney
115 South Andrews Avenue, Suite 423
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
By:
Karina D. Rodrigues (Date)
Assistant County Attorney
By:
Annika E. Ashton (Date)
Deputy County Attorney
KDR/sr
Form of CDBG.Doc
9/23/2022
#612813v1
Page 28 of 29
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.
12.23 Incorporation by Reference. Any and all Recital clauses stated above are true
and correct and are incorporated in this Agreement by reference. The attached Exhibits
are incorporated into and made a part of this Agreement.
12.24 Counterparts and Multiple Originals. This Agreement may be executed in multiple
originals, and may be executed in counterparts, whether signed physically or
electronically, each of which shall be deemed to be an original, but all of which, taken
together, shall constitute one and the same agreement.
12.25 Use of County Name or Logo. City shall not use County's name or logo in any
marketing or publicity materials without prior written consent from the Contract
Administrator.
12.26 Drug-Free Workplace. If required under Section 21.23(f), Broward County
Administrative Code, or Section 287.087, Florida Statutes, City certifies that it has and
will maintain a drug-free workplace program throughout the Term.
(Remainder of Page Intentionally Left Blank)
Page 27 of 29
t and be enforceable.
Page 26 of 29
the exclusive venue for any such
lawsuit shall be in the United States District Court or United States Bankruptcy Court for
the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY
RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED
Page 25 of 29
rtinent to the performance of this
Page 22 of 29
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR
FUNDING AND ADMINISTRATION OF 48TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM FOR CAPITAL IMPROVEMENTS: SOLAR LIGHTING
(CFDA # 14.218 / FAIN # B-22-UC-12-0001)
CITY
CITY OF DANIA BEACH
ATTEST: By:
CITY MAYOR
CITY CLERK Print Name
day of , 20
I HEREBY CERTIFY that I have
approved this Agreement as to form and
legal sufficiency subject to execution by
the parties:
City Attorney
Page 29 of 29
EXHIBIT A
PROJECT DESCRIPTION
Fiscal Year: FY 2022-2023 (48th Year)
Project Name: Solar Lighting
City of Dania Beach
CDBG Fund Allocation: $177,575
Project Description:
CDBG Funds in the amount of One Hundred Seventy-Seven Thousand Five Hundred
Seventy-Five ($177,575) Dollars shall be used by the City to address street lighting
improvements due to insufficient lighting or a lack of lighting.
This project will provide an area-wide benefit by providing street lighting to public streets
in eligible Community Development Block Grant (CDBG) areas. The City of Dania
Beach Lighting Master Plan of 2020 identifies areas that need street lighting due to
insufficient lighting or a lack of lighting. This exists because Florida Power & Light
(FP&L) does not have power lines in back yards in this service area, so street
electrification is not possible without substantial outlays. The city will install a minimum
of 20 solar powered LED style streetlights in City's rights-of-way in residential
neighborhoods.
The Project is in the CDBG Target Area in Census Tracts 804.05— Block Groups 1 & 2 and
Census Tract 804.03 — Block Groups 1, 3 & 4 combined has 76.5% low and moderate-
income persons.
CDBG HUD National Objective: 24 CFR Part 570.208(b)(1), Activities to Address
Slums or Blight on an Area Basis
Page 1 of 2
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.
12.23 Incorporation by Reference. Any and all Recital clauses stated above are true
and correct and are incorporated in this Agreement by reference. The attached Exhibits
are incorporated into and made a part of this Agreement.
12.24 Counterparts and Multiple Originals. This Agreement may be executed in multiple
originals, and may be executed in counterparts, whether signed physically or
electronically, each of which shall be deemed to be an original, but all of which, taken
together, shall constitute one and the same agreement.
12.25 Use of County Name or Logo. City shall not use County's name or logo in any
marketing or publicity materials without prior written consent from the Contract
Administrator.
12.26 Drug-Free Workplace. If required under Section 21.23(f), Broward County
Administrative Code, or Section 287.087, Florida Statutes, City certifies that it has and
will maintain a drug-free workplace program throughout the Term.
(Remainder of Page Intentionally Left Blank)
Page 27 of 29
t and be enforceable.
Page 26 of 29
the exclusive venue for any such
lawsuit shall be in the United States District Court or United States Bankruptcy Court for
the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY
RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED
Page 25 of 29
rtinent to the performance of this
Page 22 of 29
Federal Award Identification Information as required by 2 C.F.R. Part 200.332(a)
Subrecipient name: City of Dania Beach
Subrecipient Unique Entity Identifier: U56KXBHZUBK9
Federal Award Identification Number (FAIN): B-22-UC-12-0001
Federal Award Date:
Subaward Period of Performance Start and End Date: See timeline in Exhibit C
Subaward Budget Period Start and End Date: See timeline in Exhibit C
Amount of Federal Funds Obligated by this action by County to Subrecipient: See
Exhibit B
Total Amount of Federal Funds Obligated to Subrecipient by County, including the
current financial obligation: $177,575; Amount includes only federal funds from County's
fiscal year 2022-2023 Annual Action Plan.
Total Amount of the Federal Award committed to Subrecipient by County: See Exhibit B
Federal award project description, as required to be responsive to the Federal Funding
Accountability and Transparency Act (FFATA): See Exhibit A for project description.
Name of Federal Awarding Agency, pass-through entity, and contact information for
awarding official of the Pass-through entity:
Federal Awarding Agency: United States Department of Housing and Urban
Development
Pass-through Entity: Broward County
Contact Information for awarding official of the pass-through entity: See Section
12.8 of this Agreement.
Assistance Listings number and Title: CFDA 14.218 — Community Development Block
Grants/Entitlement Grants; The dollar amount made available under each Federal
Award and CFDA at time of disbursement: CFDA 14.218 — For amount see Exhibit B.
Identification of whether the award is R&D: No
Indirect cost rate for the Federal award: N/A
Page 2 of 2
any right the Parties may otherwise have to
terminate this Agreement.
12.23 Incorporation by Reference. Any and all Recital clauses stated above are true
and correct and are incorporated in this Agreement by reference. The attached Exhibits
are incorporated into and made a part of this Agreement.
12.24 Counterparts and Multiple Originals. This Agreement may be executed in multiple
originals, and may be executed in counterparts, whether signed physically or
electronically, each of which shall be deemed to be an original, but all of which, taken
together, shall constitute one and the same agreement.
12.25 Use of County Name or Logo. City shall not use County's name or logo in any
marketing or publicity materials without prior written consent from the Contract
Administrator.
12.26 Drug-Free Workplace. If required under Section 21.23(f), Broward County
Administrative Code, or Section 287.087, Florida Statutes, City certifies that it has and
will maintain a drug-free workplace program throughout the Term.
(Remainder of Page Intentionally Left Blank)
Page 27 of 29
t and be enforceable.
Page 26 of 29
the exclusive venue for any such
lawsuit shall be in the United States District Court or United States Bankruptcy Court for
the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY
RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED
Page 25 of 29
rtinent to the performance of this
Page 22 of 29
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f ffi 4*-vT 4.1ewe,.n :: �}�� -!:' u".yt 1;.
C 't4 !lt f" t ..Yt #, 3 a I"7" �¢ X.F. 7 It ' ..
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A I aiat° 4e, } Census Track 804.05 Block Group 2 �° '+YT t At y..
i
a a' ' South Boundary:SW 46th Court&Griffin Road r� �
%LOW TO
CENSUS GEOGRAPHY NAME LOW TO MODERATE MODERATE LOW TO MODERATE INCOME INDEX
INCOME PERSONS INCOME
AWE - - - PERSON-
BEACH Group 2,Census Tract 804.05 1,445 67 8%OVER 51%PERSONS LOW TO MODERATE INCOME
Source.-2021 IMISD 12011 2015 ACS)Census Tract Bock Group by City'document provided by BC Ckv.of Housing Finance and Corn.Redevelopment
Page 6 of 6
ce. If required under Section 21.23(f), Broward County
Administrative Code, or Section 287.087, Florida Statutes, City certifies that it has and
will maintain a drug-free workplace program throughout the Term.
(Remainder of Page Intentionally Left Blank)
Page 27 of 29
t and be enforceable.
Page 26 of 29
the exclusive venue for any such
lawsuit shall be in the United States District Court or United States Bankruptcy Court for
the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY
RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED
Page 25 of 29
rtinent to the performance of this
Page 22 of 29
EXHIBIT B
BUDGET
Each cost category below reflects the proposed amount necessary to complete the
Project by funding source(s).
Funding Sources
Cost Category (1) CDBG (2) City (3)Other Total
A. Personnel $ -
Fringe Benefits
B. Travel $C. Equipment $D. Supplies $ -
Contractual
E. $24,000 $ 24,000.00
Services
F. Construction $177,575 $177,575.00
_
G. Other .. $ -
H. Total $ 177,575.00 $ 24,000.00 $ - $201,575.00
BUDGET NARRATIVE
The Budget Narrative statements below provides a justification for each cost category
shown in the budget table for CDBG and Non-CDBG Funds utilized in financing the
Project.
CDBG Funds: $177,575
CDBG funds will be used exclusively for construction cost.
Non-CDBG Funds: $24,000 City of Dania Beach
Dania Beach City funds will be used to fund the project design, project management,
and post-design engineering services.
Page 1 of 3
Source-`2021 IMW)170112015 ACS)Cerssus Tract Bork Grail by City'document proudod by AC Dv,of Warns Firstnce and Com-Rabvdapmant
' Cemus Track 804 OS Sock Group 2 Y ` .:�' •.•
k
rr,+.- ��"�'•"" - North Boundary Dania Cut offCanal �«'
, n *ii f - - .; r
""»,`y`r`-�».-- 'Census Track 8 4 05 Block Group2
t F
Cemus track 804.p5 Aknrk Group 2 •
pt
West Boundary SW 45th Street& 12 s �k -- � 4'Eau BelurMaty:
SW 30th Way r r 1-'Ravenswood Road
{
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w..7., i a _ 1 rA
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f ffi 4*-vT 4.1ewe,.n :: �}�� -!:' u".yt 1;.
C 't4 !lt f" t ..Yt #, 3 a I"7" �¢ X.F. 7 It ' ..
T t ;1
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A I aiat° 4e, } Census Track 804.05 Block Group 2 �° '+YT t At y..
i
a a' ' South Boundary:SW 46th Court&Griffin Road r� �
%LOW TO
CENSUS GEOGRAPHY NAME LOW TO MODERATE MODERATE LOW TO MODERATE INCOME INDEX
INCOME PERSONS INCOME
AWE - - - PERSON-
BEACH Group 2,Census Tract 804.05 1,445 67 8%OVER 51%PERSONS LOW TO MODERATE INCOME
Source.-2021 IMISD 12011 2015 ACS)Census Tract Bock Group by City'document provided by BC Ckv.of Housing Finance and Corn.Redevelopment
Page 6 of 6
ce. If required under Section 21.23(f), Broward County
Administrative Code, or Section 287.087, Florida Statutes, City certifies that it has and
will maintain a drug-free workplace program throughout the Term.
(Remainder of Page Intentionally Left Blank)
Page 27 of 29
t and be enforceable.
Page 26 of 29
the exclusive venue for any such
lawsuit shall be in the United States District Court or United States Bankruptcy Court for
the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY
RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED
Page 25 of 29
rtinent to the performance of this
Page 22 of 29
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, which contains a 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:
Personnel (Salary) costs are generally allowable provided they are based on actual
current salaries adjusted for any anticipated cost-of-living or merit increases during the
grant period. Salary costs for unidentified new employees must be consistent with the
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.
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.
Page 2 of 3
At y..
i
a a' ' South Boundary:SW 46th Court&Griffin Road r� �
%LOW TO
CENSUS GEOGRAPHY NAME LOW TO MODERATE MODERATE LOW TO MODERATE INCOME INDEX
INCOME PERSONS INCOME
AWE - - - PERSON-
BEACH Group 2,Census Tract 804.05 1,445 67 8%OVER 51%PERSONS LOW TO MODERATE INCOME
Source.-2021 IMISD 12011 2015 ACS)Census Tract Bock Group by City'document provided by BC Ckv.of Housing Finance and Corn.Redevelopment
Page 6 of 6
ce. If required under Section 21.23(f), Broward County
Administrative Code, or Section 287.087, Florida Statutes, City certifies that it has and
will maintain a drug-free workplace program throughout the Term.
(Remainder of Page Intentionally Left Blank)
Page 27 of 29
t and be enforceable.
Page 26 of 29
the exclusive venue for any such
lawsuit shall be in the United States District Court or United States Bankruptcy Court for
the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY
RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED
Page 25 of 29
rtinent to the performance of this
Page 22 of 29
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/Supplies cost directly associated with the Project is allowable. Prices must
generally be justified through competitive bids except for nominal purchases.
Subcontracts/Contractual Services must be awarded on a competitive basis except
in extraordinary circumstances. The same principles applicable to individual cost
principles for grantees are generally applicable to 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 Division's 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 3 of 3
PHY NAME LOW TO MODERATE MODERATE LOW TO MODERATE INCOME INDEX
INCOME PERSONS INCOME
AWE - - - PERSON-
BEACH Group 2,Census Tract 804.05 1,445 67 8%OVER 51%PERSONS LOW TO MODERATE INCOME
Source.-2021 IMISD 12011 2015 ACS)Census Tract Bock Group by City'document provided by BC Ckv.of Housing Finance and Corn.Redevelopment
Page 6 of 6
ce. If required under Section 21.23(f), Broward County
Administrative Code, or Section 287.087, Florida Statutes, City certifies that it has and
will maintain a drug-free workplace program throughout the Term.
(Remainder of Page Intentionally Left Blank)
Page 27 of 29
t and be enforceable.
Page 26 of 29
the exclusive venue for any such
lawsuit shall be in the United States District Court or United States Bankruptcy Court for
the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY
RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED
Page 25 of 29
rtinent to the performance of this
Page 22 of 29
EXHIBIT C
PROJECT 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 April 1, 2022 April 30, 2022
Specifications
Advertise, Bidding and Pre-Bid October 1, 2022 October 31, 2022
Meeting
Bid Opening, Selection, and November 1, 2022 December 31, 2022
Award
Construction contract January 1, 2023 June 30, 2023
execution, Pre-construction
Meeting, and Construction
(CDBG Area)
Punch list Items July 1, 2023 July 30, 2023
Completion of Construction to August 1, 2023 September 30, 2023
include punch list items and
final close-out
Page 1 of 1
EXHIBIT D
MONTHLY PROGRESS REPORT
Reporting Period:
Date Report Prepared:
A. Project Information:
Agency Name City of Dania Beach
Person Preparing the Report
Job Title
Signature
Project Name Solar Lighting
Project Start-Up Date October 1, 2022
Project Completion Date September 30, 2023
Amended Completion Date
(if applicable)
B.1 Project Cost
Total Project Expenditures up Expenditures this Funds Expended
Costs to Last Billing Report/Billing To Date Percentage
Total Project $ 201,575.00 $ - $ - $ - 0%
City(In-kind) $ 24,000.00 $ - $ - $ - 0%
CDBG Funds $ 177,575.00 $ - $ - $ - 0%
Other Funding
(Friends of Heburn)
(Specify source below) $ - $ - $ - $ - 0%
B.2 Declaration of Agency Budget Changes
Program Income:
Source of Program Income:
B.3 Other Grant Awards
Date(s): Dollar Amount(s):
Funding Source(s): Funding Contract Person(s):
Page 1 of 4
n 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 Division's 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 3 of 3
PHY NAME LOW TO MODERATE MODERATE LOW TO MODERATE INCOME INDEX
INCOME PERSONS INCOME
AWE - - - PERSON-
BEACH Group 2,Census Tract 804.05 1,445 67 8%OVER 51%PERSONS LOW TO MODERATE INCOME
Source.-2021 IMISD 12011 2015 ACS)Census Tract Bock Group by City'document provided by BC Ckv.of Housing Finance and Corn.Redevelopment
Page 6 of 6
ce. If required under Section 21.23(f), Broward County
Administrative Code, or Section 287.087, Florida Statutes, City certifies that it has and
will maintain a drug-free workplace program throughout the Term.
(Remainder of Page Intentionally Left Blank)
Page 27 of 29
t and be enforceable.
Page 26 of 29
the exclusive venue for any such
lawsuit shall be in the United States District Court or United States Bankruptcy Court for
the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY
RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED
Page 25 of 29
rtinent to the performance of this
Page 22 of 29
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):
C.1 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 quarter:
Work Tasks Status (i.e., underway, completed)
C.3. Describe success or problems encountered with the Project:
C.4. Anticipated problems or concerns with the Project. Please identify technical
assistance needed and/or requested from the Housing Finance Division staff.
C.5. Anticipated advertisements and/or other contractual services. If so, has the Housing
Finance 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 2 of 4
(s):
Page 1 of 4
n 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 Division's 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 3 of 3
PHY NAME LOW TO MODERATE MODERATE LOW TO MODERATE INCOME INDEX
INCOME PERSONS INCOME
AWE - - - PERSON-
BEACH Group 2,Census Tract 804.05 1,445 67 8%OVER 51%PERSONS LOW TO MODERATE INCOME
Source.-2021 IMISD 12011 2015 ACS)Census Tract Bock Group by City'document provided by BC Ckv.of Housing Finance and Corn.Redevelopment
Page 6 of 6
ce. If required under Section 21.23(f), Broward County
Administrative Code, or Section 287.087, Florida Statutes, City certifies that it has and
will maintain a drug-free workplace program throughout the Term.
(Remainder of Page Intentionally Left Blank)
Page 27 of 29
t and be enforceable.
Page 26 of 29
the exclusive venue for any such
lawsuit shall be in the United States District Court or United States Bankruptcy Court for
the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY
RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED
Page 25 of 29
rtinent to the performance of this
Page 22 of 29
EXHIBIT"D"
Direct Benefit Form
Public Service
Accomplishments
Cumulative
Accomplishment Type Proposed Unit Actual Units Units
1-People(General)
Direct Benefit Data by Persons
Race/Ethnicity
Total Number
Total Numbers Hispanic/Latino Served This Hispanic/Latino Total Number Cumulative
Served Last (Last Reporting Reporting (This Reporting Served(to Hispanic/Latino
Race Reporting Period Peril Period Period Date) (to date)
Totals
Income Levels
This
Last Reporting Reporting Cumulative
Period Period Total
Extremely Low(30%/or Below AMI)
Low(31%/50%AMI)
Moderate(51%-80%AMI)
Non-Low/Moderate(Above 80%AMI)
Totals
Percent Low/Mod
Public Services(cumulative)
Total Households Assisted:
Of the Total Households,Number of:
Number of
Households
With New or Continuing Access to a Service or Benefit*
With Improved Access to a Service or Benefit**
Receive a Service or Benefit that is No Longer Substandard
Total
*Beneficiaries that without these funds would not be able to access or combine the benefit or are receiving a new benefit(new beneficiaries)
**Beneficiaries that have improved access to service or benefit(Example:rehabiliation of a community center for the elderly or severly disabled person to enable them to live independetly.
Page 3 of 4
repair of existing structures. Construction costs should
be supported by detailed cost estimates and competitive bidding. Consult with the
Housing Finance Division's 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 3 of 3
PHY NAME LOW TO MODERATE MODERATE LOW TO MODERATE INCOME INDEX
INCOME PERSONS INCOME
AWE - - - PERSON-
BEACH Group 2,Census Tract 804.05 1,445 67 8%OVER 51%PERSONS LOW TO MODERATE INCOME
Source.-2021 IMISD 12011 2015 ACS)Census Tract Bock Group by City'document provided by BC Ckv.of Housing Finance and Corn.Redevelopment
Page 6 of 6
ce. If required under Section 21.23(f), Broward County
Administrative Code, or Section 287.087, Florida Statutes, City certifies that it has and
will maintain a drug-free workplace program throughout the Term.
(Remainder of Page Intentionally Left Blank)
Page 27 of 29
t and be enforceable.
Page 26 of 29
the exclusive venue for any such
lawsuit shall be in the United States District Court or United States Bankruptcy Court for
the Southern District of Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY
RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED
Page 25 of 29
rtinent to the performance of this
Page 22 of 29
D. Program Objectives
* Projected Monthly Progress Supporting
Work Tasks
Yearly Total / Progress Yr-To- Documentation
Performance Date
Design Plans and
Specifications
Advertise, Bidding and
Pre-Bid Meeting
Bid Opening, Selection,
and Award
Construction contract
execution, Pre-
construction Meeting,
and Construction
(CDBG Area)
Punch list Items
Completion of
Construction to include
punch list items and
final close-out
* Work Tasks as listed in the Exhibit C(Project Timeline)of the Agreement.
Page 4 of 4
Items July 1, 2023 July 30, 2023
Completion of Construction to August 1, 2023 September 30, 2023
include punch list items and
final close-out
Page 1 of 1
EXHIBIT E
REQUEST FOR PAYMENT
Community Development Block Grant Program,
48th Year Program
Contract Period: October 1, 2022 to September 30, 2023
1.Project Name:
2.Organization: Telephone Number:
3.Billing Number:
4.Billing Period Covered:
5.%of Total Contract,Expended through this Billing:
Total Project Budget Expenditures up Expenditures
6.Cost Categories (CDBG Grant Costs ONLY) to last billing Expenditures This Billing To Date Percentage
A.Project Costs $
Salary and Fringes $ - 0%
Contractual $ - 0%
Supplies/Equipment $ - 0%
Travel $ - 0%
Other $ - 0%
Total Expenditures $ - $ - $ - 0%
Funds Obligated:
(By Funding Agreement)
Balance $ $ 100%
B.In-Kind $ 0%
Page 1 of 2
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
Page 2 of 2
$ - 0%
Total Expenditures $ - $ - $ - 0%
Funds Obligated:
(By Funding Agreement)
Balance $ $ 100%
B.In-Kind $ 0%
Page 1 of 2