HomeMy WebLinkAboutR-2019-025 City Authorizing to Execute the 43rd & 44th Year Community Development Block Grant Agreement Between City & Broward County ($326,155.00) Funding for a Solar Street Light Improvement Projec RESOLUTION NO. 2019-025
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE THE 43`d and 44th YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND
BROWARD COUNTY IN THE AMOUNT OF THREE HUNDRED TWENTY SIX
THOUSAND ONE HUNDRED FIFTY FIVE DOLLARS ($326,155.00) TO
PROVIDE FUNDING FOR A SOLAR STREET LIGHT IMPROVEMENT
PROJECT; REQUESTING CITY COMMISSION APPROVAL TO ADVERTISE
THE PROJECT FOR BIDS; PROVIDING FOR CONFLICTS; PROVIDING FOR
FUNDING; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Broward County is a recipient of Community Development Block Grant
("CDBG")funds from the United States Department of Housing and Urban Development("HUD");
and,
WHEREAS, on January 23, 2019, Broward County offered to award the City of Dania
Beach grant funding in the amount of Three Hundred Twenty Six Thousand One Hundred Fifty Five
Dollars ($326,155.00) to provide for solar power street lights through the Federal Community
Development Block Grant(CDBG)Program; and
WHEREAS, the CDBG funds are planned for a Solar Lighting Improvement Project in
Community Redevelopment Agency(CRA) areas; and
WHEREAS, the original CDBG Year 43 application, approved via Resolution 2018-050,
for the OASIS XIV Neighborhood Improvement Project is amended to reflect a Solar Lighting
Project; and
WHEREAS, engineering costs for the combined solar lighting project are estimated in the
amount of Twenty Five Thousand Dollars ($25,000.00) which are not covered under the grant
provisions and requires City funding;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the proper City officials are authorized to execute the 43rd and 44th Year
Community Development Block Grant Agreement between the City of Dania Beach, Florida and
Broward County in the amount of Three Hundred Twenty Six Thousand One Hundred Fifty Five
Dollars($326,155.00),which Agreement is incorporated into and made a part of this Resolution by
this reference, a copy of which is attached as Exhibit"A".
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to the Agreement which are deemed necessary and proper and in the best interests of the
City.
Section 3. That the City Administration is authorized to appropriate funding to the
CDBG Year 43 and Year 44 Solar Lighting Grant Account No. 103-39-61-541-63-10 inthe amount
of Three Hundred Twenty Six Thousand One Hundred Fifty Five Dollars ($326,155.00).
Section 4. That funding for the engineering services in the amount of Twenty Five
Thousand Dollars($25,000.00)is planned and shall be appropriated from the General Fund Public
Services Professional Services Account No. 001-39-01-539-31-10 to the CDBG Year 43 and Year
44 Solar Lighting Engineering Account 103-39-61-541-31-30.
Section 5. That the City Administration is authorized to bid the project.
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 March 12, 2019.
ATTEST
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THOMAS SCHNEIDER, CMC LO LE ELLEN
CITY CLERK �~ MAYOR
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APPROVED S T ORM AND CORRECTNESS:
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THOMAS J. SBRO
CITY ATTORNEY
2 RESOLUTION#2019-025
BRA
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR
FUNDING AND ADMINISTRATION OF 43RD YEAR AND 44TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAMS FOR SOLAR LIGHTS
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")
(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 January 23, 2018 (Agenda Item No. 16), the Broward County Board of
County Commissioners authorized CDBG funding to City in the amount of One Hundred
Fifty-three Thousand One Hundred Forty-six Dollars ($153,146) to fund a Solar Lights
project in City, under the terms more specifically described herein.
C. On August 14, 2018 (Agenda Item No. 43), the Broward County Board of
County Commissioners authorized CDBG funding to City in the amount of
One Hundred Seventy-three Thousand Nine Dollars ($173,009) to fund a Solar Lights
project in City, under the terms more specifically described herein.
D. 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.
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 Board means the Board of County Commissioners of Broward County, Florida.
1.2 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.
1.3 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
42 U.S.C. 5301 et seq.
1.4 Contract Administrator means the Director of the Housing Finance and
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Community Redevelopment Division, or such other person designated by same in
writing.
1.5 County Administrator means the administrative head of County appointed by
the Board.
1.6 County Attorney means the chief legal counsel for County appointed by the
Board.
1.7 HUD means the United States Department of Housing and Urban Development.
1.8 Project means the project provided and implemented by City, as described in
Exhibit A to this Agreement.
1.9 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.
1.10 Subcontractor means an entity or individual providing services to City for all or
any portion of the Project. The term "Subcontractor" shall include 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 Quarterly Progress Report
Exhibit E Request for Payment
ARTICLE 3. PROJECT
3.1 City shall provide and implement a Solar Lights project 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
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 Activities
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to Address Slums or Blight on an Area Basis, 24 C.F.R. Part 570.208(b)(1), 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 ninety (90) days or more, County
may terminate this Agreement in accordance with Article 11 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 quarterly progress reports utilizing the form
provided in Exhibit D, attached hereto ("Quarterly Progress Reports"). The
Quarterly Progress Reports must be submitted to County no later than the first
business day following the end of the preceding quarter. For purposes of the
Quarterly Progress Reports, the quarters shall be as follows:
First quarter - October 1 through December 31; Second quarter - January 1
through March 31; Third quarter - April 1 through June 30; Fourth quarter —
July 1 through September 30.
3.4.4 In addition to the Quarterly 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.
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:
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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
codes, ordinances, rules, regulations, 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:
1. Expansion of the architectural, structural, mechanical, and
electrical Schematic Design Documents to establish the final
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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 federal, state, and local 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.
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
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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.
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 the 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 meet or exceed the standards described in Exhibit A, and all applicable
codes, ordinances, statutes, and any other regulations imposed by any
regulatory body or authority governing the design, permitting, construction, and
approval of the Project.
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
Three Hundred Twenty-six Thousand One Hundred Fifty-five Dollars ($326,155).
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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, 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;
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 Quarterly Progress Report, utilizing the form provided in
Exhibit D; and
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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. 1701 u, and the implementing regulations at
24 C.F.R. Part 135, 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
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
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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 Quarterly Progress
Reports 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 Funds
not provided to or reimbursed to City under the terms of this Agreement may be
reallocated by County to other CDBG Program projects approved for funding by
the Board.
4.11 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
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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 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, hold harmless, and defend County and all of County's officers, agents,
servants, and employees (collectively, "Indemnified Parry") 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 intentional,
reckless, or negligent act or omission of City, its officers, employees, agents, or
servants, arising from, relating to, or in connection with this Agreement (collectively, a
"Claim"). In the event any Claim is brought against an Indemnified Party, City shall,
upon written notice from County, defend each Indemnified Party against each such
Claim by counsel satisfactory to County or, at County's option, pay for an attorney
selected by the County Attorney to defend the Indemnified Party.
To the extent 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
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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 the 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 named as an
additional insured and certificate holder 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 such broader coverage and
higher limits on a primary 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 procure and maintain insurance
coverage that adequately covers each Subcontractor's exposure based on the services
provided by that Subcontractor. City must ensure that all such Subcontractors name
"Broward County" as an additional insured and certificate holder under the applicable
insurance policies. City shall not permit any Subcontractor to provide services for the
Project until the insurance requirements of the Subcontractor under this section are met.
If requested by County, City shall furnish evidence of insurance of all such
Subcontractors.
6.5 County reserves the right, but not the responsibility, to periodically review any
and all insurance policies and to reasonably adjust the limits and/or types of coverage
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required herein, from time to time throughout the term of this Agreement.
ARTICLE 7. REPRESENTATIONS AND WARRANTIES
7.1 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 any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in
connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal 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 The language of this section shall be included in the award documents for
all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and all subgrantees
shall be required to certify and disclose accordingly.
7.2 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) and 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, 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 Representation of Authority. City represents and warrants that this Agreement
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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.
7.4 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.
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 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 2 C.F.R. 570.611 regarding conflicts of interest and shall
establish safeguards to prohibit its employees from using their positions for a purpose
that is, or gives the appearance of being, motivated by a desire for private gain for
themselves or others, particularly those with whom they have 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.
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
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activities, including but not limited to worship, religious instruction, or proselytization, in
compliance with 24 C.F.R. Part 570.2000) 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:
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, and
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
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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. 1701 u, and the implementing regulations at 24 C.F.R. Part
135, 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.
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, or 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
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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
compliance with the Energy Policy and Conservation Act
(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 clause requirements that follow, including the requirement to include the
following language set forth in 24 C.F.R. Part 135.38 verbatim, in accordance with the
provisions under 24 C.F.R. Part 135. References in the language below to "contract"
shall mean this Agreement or any subcontract entered into pursuant to this Agreement,
and references to "contractor" shall mean City or its subcontractors:
8.14.1 The work to be performed under this contract is subject to the
requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of
Section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects
covered by Section 3, shall, to the greatest extent feasible, be directed to
low- and very low-income persons, particularly persons who are
recipients of HUD assistance for housing.
8.14.2 The parties to this contract agree to comply with HUD's regulations in
24 C.F.R. Part 135, which implement Section 3. As evidenced by their
execution of this contract, the Parties to this contract certify that they are
under no contractual or other impediment that would prevent them from
complying with the Part 135 regulations.
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8.14.3 The contractor agrees to send to each labor organization or
representative of workers with which contractor has a collective
bargaining agreement or other understanding, if any, a notice advising
the labor organization or workers' representative of contractor's
commitments under this Section 3 clause, and will post copies of the
notice in conspicuous places at the work site where both employees and
applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth
minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the
name and location of the person(s) taking applications for each of the
positions; and the anticipated date the work shall begin.
8.14.4 The contractor agrees to include this Section 3 clause in every
subcontract subject to compliance with regulations in 24 C.F.R. Part 135,
and agrees to take appropriate action, as provided in an applicable
provision of the subcontract or in this Section 3 clause, upon a finding
that the Subcontractor is in violation of the regulations in
24 C.F.R. Part 135. The contractor will not subcontract with any
Subcontractor where the contractor has notice or knowledge that the
Subcontractor has been found in violation of the regulations in
24 C.F.R. Part 135.
8.14.5 The contractor will certify that any vacant employment positions,
including training positions, that are filled (1) after the contractor is
selected but before the contract is executed, and (2) with persons other
than those to whom the regulations of 24 C.F.R. Part 135 require
employment opportunities to be directed, were not filled to circumvent
the contractor's obligations under 24 C.F.R. Part 135.
8.14.6 Noncompliance with HUD's regulations in 24 C.F.R. Part 135 may result
in sanctions, termination of this contract for default, and debarment or
suspension from future HUD-assisted contracts.
8.14.7 With respect to work performed in connection with Section 3 covered
Indian housing assistance, Section 7(b) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450e) also applies to the work
to be performed under this contract. Section 7(b) requires that to the
greatest extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of
contracts and subcontracts shall be given to Indian organizations and
Indian-owned Economic Enterprises. Parties to this contract that are
subject to the provisions of Section 3 and Section 7(b) agree to comply
with Section 3 to the maximum extent feasible, but not in derogation of
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compliance with Section 7(b).
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 In the event there is any construction 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)(3), with the exception of the requirements set
forth in 2 C.F.R. Part 200, Subpart F, Audit Requirements, in the event any of the
provisions of 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
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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.
In the event 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.
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.
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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. In the event 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 fair 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(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, 2018 ("Effective
Date"), and shall end on September 30, 2019, unless terminated earlier or extended
pursuant to the terms of this Agreement. City may submit a written request for an
extension to the term of this Agreement to the Contract Administrator no less than
ninety (90) 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. In the event that 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 County, at the discretion
of and through the County Administrator, if City fails to comply with any
terms under this Agreement and has not corrected the breach within
five (5) days after receipt of written notice from County identifying the
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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 Termination for cause by County may include but is not limited to: (i)
City's failure to meet any of the project deadlines set forth in Exhibit C,
within ninety (90) days after the applicable deadline; (ii) City's repeated
(whether negligent or intentional) submission for payment of false or
incorrect bills or invoices; (iii) City's failure to comply with applicable
federal, state, or local law or regulations, 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; or (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. This Agreement may also be terminated for cause by County if a
Subcontractor is a "scrutinized company" pursuant to Section 215.473,
Florida Statutes, if a Subcontractor is placed on a "discriminatory vendor
list" pursuant to Section 287.135, 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
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 for cause, such termination
shall be deemed a termination for convenience, which shall be effective thirty (30) days
after such notice of termination for cause is provided.
11.3 Termination for Convenience. This Agreement may be terminated for
convenience by either party, which termination date shall be not less than thirty (30)
days after the date of such written notice. This Agreement may also be terminated by
the County Administrator upon such notice as the County Administrator deems
appropriate under the circumstances in the event the County Administrator determines
that termination is necessary to protect the public health, safety, or welfare.
11.4 In the event this Agreement is terminated for any reason, County may, in
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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, which the County Administrator deems
necessary to protect the public health, safety, or welfare may be verbal notice that shall
be promptly confirmed in writing in accordance with the "Notices" section of this
Agreement.
11.6 In the event this Agreement is terminated for any reason, any amounts due City
shall be withheld by County until all documents are provided to County pursuant to
Section 12.1.
ARTICLE 12 - MISCELLANEOUS
12.1 Rights in Documents and Works. Any and all reports, photographs, surveys, and
other data and documents provided or created in connection with this Agreement are
and shall remain the property of County, and, if a copyright is claimed, City grants to
County and the Federal Government a nonexclusive license to use the copyrighted
item(s) indefinitely, to prepare derivative works, and to make and distribute copies to the
public. In the event of termination of this Agreement, any reports, photographs,
surveys, and other data and documents prepared by City, whether finished or
unfinished, shall become the property of County, including, any patent rights with
respect to any discovery or invention which arises or is developed in the course of or
under this Agreement, and shall be delivered by City to the Contract Administrator
within seven (7) days after termination of this Agreement by either party. Any
compensation due to City shall be withheld until all documents are received as provided
herein. City shall ensure that the requirements of this section are included in all
agreements with its Subcontractors.
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12.2 Equal Employment Opportunity. No party to this Agreement may discriminate on
the basis of race, color, sex, religion, national origin, disability, age, marital status,
political affiliation, sexual orientation, pregnancy, or gender identity and expression in
the performance of this Agreement. City shall include the foregoing or similar language
in its contracts with any Subcontractors, except that any project assisted by the U.S.
Department of Transportation funds shall comply with the 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 its Subcontractors that are related to this
Agreement. City and its Subcontractors shall keep such books, records, and accounts
as may be necessary in order to record complete and correct entries related to this
Agreement and performance thereunder. All such books, records, and accounts of City
and its Subcontractors shall be kept in written form, or in a form capable of conversion
into written form within a reasonable time, and, upon request to do so, City or its
Subcontractors shall make same available in written form at no cost to County.
City and its Subcontractors shall preserve and make available, at reasonable times for
examination and audit by County, all financial records, supporting documents, statistical
records, and any other documents pertinent to this Agreement for a minimum of four (4)
years after the expiration or earlier termination of this Agreement, or until resolution of
any audit findings, whichever is longer. In addition, City must comply with the records
retention requirements set forth in 24 C.F.R. Part 570.502(7)(i). County audits and
inspections pursuant to this section may be performed by any County representative
(including any outside representative engaged by County). County reserves the right to
conduct such audit or review at City's place of business, if deemed appropriate by
County, with seventy-two (72) hours' advance notice.
Any incomplete or incorrect entry in such books, records, and accounts shall be a basis
for County's disallowance and recovery of any payment upon such entry. If an audit or
inspection in accordance with this section discloses overpricing or overcharges to
County of any nature by City in excess of five percent (5%) of the total contract billings
reviewed by County, the reasonable actual cost of County's audit shall be reimbursed to
County by City in addition to making adjustments for the overcharges. Any adjustments
and/or payments due as a result of such audit or inspection shall be made within thirty
(30) days after presentation of County's findings to City.
City shall ensure that the requirements of this section are included in all agreements
with its Subcontractors performing services for the Project.
12.5 Sovereign Immunity. Except to the extent sovereign immunity may be deemed to
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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 under this Agreement
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.
12.7 Third Party Beneficiaries. Neither City nor County intends to directly or
substantially benefit a third party by this Agreement. Therefore, the Parties
acknowledge that there are no third party beneficiaries to this Agreement and no third
party shall be entitled to assert a claim against either of them based upon this
Agreement.
12.8 Notices. In order for a notice to a party to be effective under this Agreement,
notice must be sent via U.S. first-class mail, hand delivery, or commercial overnight
delivery, each with a contemporaneous copy via e-mail, to the addresses listed below
and shall be effective upon mailing or hand delivery (provided the contemporaneous
email is also sent). The addresses for notice shall remain as set forth in this section
unless and until changed by providing notice of such change in accordance with the
provisions of this section. All documentation or payments required to be provided under
this Agreement shall also be made at the address provided in this section.
For County: For City:
Ralph Stone, Director Robert Baldwin, City Manager
Broward County Housing Finance and City of Dania Beach
Community Redevelopment Division 100 W. Dania Beach Blvd.
110 N.E. 3rd Street - Third Floor Dania Beach, Florida 33004
Fort Lauderdale, Florida 33301 Email address: rbaldwin@daniabeachfl.gov
Email address: rstone@broward.org
12.9 Assignment. Except for subcontracting approved in writing by County at the time
of its execution of this Agreement or any written amendment hereto, neither this
Agreement nor any right or interest herein may be assigned, transferred, subcontracted,
or encumbered by City without the prior written consent of County. If City violates this
provision, County shall have the right to immediately terminate this Agreement.
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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 herein is substantial and
important to the formation of this Agreement, and each is, therefore, a material term of
this Agreement. County's failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision or modification of this Agreement. A waiver of any
breach of a provision of this Agreement shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of this
Agreement. To be effective, any waiver must be in writing signed by an authorized
signatory of the waiving party.
12.11 Compliance with Laws. City and the Project shall comply with all applicable
federal, state, and local laws, codes, ordinances, rules, and regulations, including the
Rules and Regulations of HUD, and any related federal, state, or laws, rules, and
regulations.
12.12 Severability. In the event any part of this Agreement is found to be
unenforceable by any court of competent jurisdiction, that part shall be deemed severed
from this Agreement and the balance of this Agreement shall remain in full force and
effect.
12.13 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 the other
gender, and the singular shall include the plural, and vice versa, unless the context
otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter"
refer to this Agreement as a whole and not to any particular sentence, paragraph, or
section where they appear, unless the context otherwise requires. Whenever reference
is made to a section or article of this Agreement, such reference is to the section or
article as a whole, including all of the subsections of such section, unless the reference
is made to a particular subsection or subparagraph of such section or article. Any
reference to "days" means calendar days, 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 of Articles 1 through 12 of this
Agreement, the provisions contained in Articles 1 through 12 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.
Page 25 of 30
l
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. BY ENTERING INTO THIS AGREEMENT, CITY AND
COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE
TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS
AGREEMENT.
12.17 Amendments. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document
prepared with the same or similar formality as this Agreement and executed by 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 and supersedes all prior and
contemporaneous negotiations and discussions regarding that subject matter. There is
no commitment, agreement, or understanding concerning the subject matter of this
Agreement that is not contained in this written document.
12.19 Payable Interest.
12.19.1 Payment of Interest. County shall not be liable to pay any interest
to City for any reason, whether as prejudgment interest or for any other
purpose, and in furtherance thereof City waives, rejects, disclaims, and
surrenders any and all entitlement it has or may have to receive interest in
connection with a dispute or claim arising from, related to, or in connection
with this Agreement. This paragraph shall not apply to any claim for
interest, including for post judgment interest, if such application would be
contrary to applicable law.
12.19.2 Rate of Interest. If the preceding subsection is inapplicable or is
Page 26 of 30
determined to be invalid or unenforbeable 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.
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 Remedies. In the event of termination for cause, County may pursue any
remedies available to it at law or in equity, including, without limitation, damages,
specific performance, and criminal remedies.
12.23 Force Maieure. 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.
12.24 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.
Page 27 of 30
12.25 Counterparts and Multiple Originals. This Agreement may be executed in
multiple originals, and may be executed in counterparts, each of which shall be deemed
to be an original, but all of which, taken together, shall constitute one and the same
agreement.
12.26 Use of County Logo. City shall not use County's name, logo, or otherwise refer
to this Agreement in any marketing or publicity materials without the prior written
consent of County.
Page 28 of 30
N
IN WITNESS WHEREOF, the Parties have made and executed this Agreement:
BROWARD COUNTY, through the County Administrator, authorized to execute same
by action of the Board on the 23rd day of January, 2018 (Agenda Item No. 16) and the
14th day of August, 2018 (Agenda Item No. 43),. and
City of Dania Beach, signing by and through its duly
authorized to execute same.
COUNTY
WITNESSES: BROWARD COUNTY, by and through
its County Administrator
By:
Signature Bertha Henry
day of , 20
Print Name
Approved as to form by
Signature Andrew J. Meyers
Broward County Attorney
Governmental Center, Suite 423
Print Name 115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By:
Alicia C. Lobeiras (Date)
Assistant County Attorney
By:
Annika E. Ashton (Date)
Senior Assistant County Attorney
ACL
44th Year CDBG Agreement(Dania Beach—Capital).docx
03/01/19
#418394
Page 29 of 30
AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR
FUNDING AND ADMINISTRATION OF 43RD YEAR AND 44TH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAMS FOR SOLAR LIGHTS
CITY
ATTEST: City of Dania Beach
By: By:
City Clerk (SEAL) Mayor
day of , 20
By:
City Manager
day of , 20
1 HEREBY CERTIFY that I have approved this
Agreement as to form and legal sufficiency
subject to execution by the parties:
By:
City Attorney
Page 30 of 30
l
EXHIBIT A
PROJECT DESCRIPTION
Project Name: Solar Lights
Project Description:
CDBG Funds in the amount of Three Hundred Twenty-six Thousand One Hundred Fifty-
five Dollars ($326,155) provided by County under the Agreement shall be used by City
for the construction/installation of solar lights.
The Project is within City's Community Redevelopment Area (CRA), and located in
Census Tract 805, Block Groups 1. 2 and 3.
CDBG HUD National Objective: 24 CFR Part 570.208(b)(1), Activities to Address
Slums or Blight on an Area Basis
Page 1 of 1
EXHIBIT B
BUDGET
Each cost category below reflects the proposed amount necessary to complete the
Project by funding source(s).
Funding Sources
(2) NOW
CDBG
Cost Category 1 CDBG CITY Total
A. Personnel - $0
B. Fringe Benefits $0
C. Travel $0
D. Equipment $0
E. Supplies $0
Contractual -
F. Services $25,000 $ 25,000
G. Construction $ 323,051 $323,051
H. Other Permits $3,104 $3,104
I. Total $326,155 $25,000 $351,155
Page 1 of 5
BUDGET NARRATIVE
The Budget Narrative statements below provide a detailed justification for each cost
category shown in the budget table for CDBG Funds utilized in financing the Project.
CDBG Funds: $326,155
Construction. $326,155
The City will use the funds for solar lights in the following locations:
802 Blocks 1-4—CDBG 43 g
1. Bryan Rd and Old Griffin Triangle x
2. Old Griffin and NW 61'Ave
3. NW 61"Ave and NW V Terr "
4. NW 8"Ave and Old Griffin
5. NW 81"Ave and NW 3`'Terr
6. NW 91"Ave&NW 31"Terr 1." g
7. NW 9"Ave&Old Griffin
8. West side NW 10"C Thomas Park s
9. NW 2nd between NW 8&(th Ave ;
10.JA Ely&SW 1"St
11.SW 1"St and SW Sth Ave/RR
12.NW 51'Ave&NW 151 St �t
13.NW 111 St and NW 81''Ave `
14.728 SE 2"'PI 1
15.SW 2"'PIL '
�r
Page 2 of 5
802 Blocks 1-4—CDBG 44x
1. 730 SW 3"St
2. Phippen Waiters and SW 4th"
3. SW 3"'and SW 3"' :'
4. Chester Byrd Park ` =
5. Cemetery&SW 4"Ave
6. 1301 SW 3'1 + "
7. SW 14"and SW 2"^
8. SW 12"and SW 111
9. SW 9"'(N Side cemetery) •
-`
10.SW 10"
11.SW91'St i r�
12.SW 8Ih St
k w a t
13.SW 7"St
14.SW Sth St(2 places) ` A
15.SW 3"and SW 211'
16.SW 2nd and SW 14"'
_. . ._ Uw
AVOMb
Other: $ 3,104
City shall utilize $3,104 of the CDBG Funds for permits required for the Project.
Non-CDBG Funds: City - $25,000
Contractual Services: $10,000
City shall pay $25,000 to a contractor to provide City with concept plans created from
their field work. The concept plans shall be used by City in the bid documents and
during discussions with the neighborhood residents.
Page 3 of 5
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 4 of 5
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 cost-reimbursement type subcontracts
under grants.
Consultant agreements should include a certification by the consultant that the
consultant rate is equal to or less than the lowest rate the consultant accepts for
comparable work. Additionally, Congress prohibits the salary component of consultant
fees under HUD grants from exceeding the applicable approved rate schedule.
Construction costs include construction of new buildings, structures, or other real
property as well as alteration or repair of existing structures. Construction costs should
be supported by detailed cost estimates and competitive bidding. Consult with the
Housing Finance and Community Redevelopment Division'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 5 of 5
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 October 1, 2018 January 15, 2019
Specifications
Advertise, Bidding and Pre-Bid February 28, 2019 April 15, 2019
Meeting
Bid Opening, Selection, and April 15, 2019 April 30, 2019
Award
Construction contract June 1, 2019 July 15, 2019
execution, Pre-construction
Meeting, and Construction
(CDBG Area)
July 15, 2019 September 1, 2019
Continued Construction
Punch list Items September 1, 2019 September 15, 2019
Completion of Construction to September 15, 2019 September 30, 2019
include punch list items and
final close-out.
Page 1 of 1
EXHIBIT D
QUARTERLY PROGRESS REPORT
Reporting Period:
Date Report Prepared:
A. Project Information:
Agency Name
Person Preparing the
Report
Job Title
Signature
Project Name
Project Start-Up Date
Project Completion Date
Amended Completion Date
(if applicable)
B.1 Project Cost
Funds Expended to Percentage
Date
Total Project $ %
CDBG Funds $ %
Other Funding $ %
(specify source below)
B.2 Declaration of Agency Budget Changes
Program Income: n/a
Source of Program Income:
Page 1 of 7
B.3 Other Grant Awards
Date(s): Dollar Amount(s):
Funding Source(s): Funding Contract Person(s):
B.4 Describe attempts to secure additional funding:
B.5 Percent of Project completed to date: %
B.6 Anticipated Changes in Staffing:
1. Office Hours:
2. Resignations:
3. Part-time or Full-time Employee(s):
CA Brief Project Description and Project Location (if applicable, include 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:
Page 2 of 7
CA Anticipated problems or concerns with the Project. Please identify technical
assistance needed and/or requested from Housing Finance and Community
Redevelopment Division staff.
C.5 Anticipated advertisements and/or other contractual services. If so, has the
Housing Finance and Community Redevelopment Division staff been advised
and appropriate steps taken to assure compliance?
C.6 If applicable, please complete the information on the following Direct
Benefit Form for all program participants.
Page 3 of 7
Direct Benefit Form
Indicate persons or households. Only unduplicated Total number Total number
counts should be given. served served
this quarter year to date
Hispanic
Non-Hispanic
1. Total
INy�
11. White
12. Black/African American
13. Asian
14. American Indian/Alaskan Native
15. Native Hawaiian or other Pacific Islander
16. American Indian/Alaskan Native and White
17. Asian and White
18. Black/African American and White
19. American Indian/Alaskan Native and Black/African
American
20. Other Multi-Racial
2. Total
x r
111
Extremely Low Income <30% of area median
Low Income <50% of area median
Moderate Income <80% of area median
Non-Low Moderate Income
*income levels must equal persons benefiting 3.Total
Households
Persons
Homeless
Female Head of Household
Disabled Persons Assisted
Elderly Persons Assisted
Census Tract served
Page 4 of 7
Direct Benefit Form
Applicable if implementing one of the following activities:
Direct Benefit Form
Public Services/Public Facilities and Improvements
Total number Total number
this quarter ear to date
Number that have new access to this service or benefit
Number that have improved access to this service or benefit
Number that receive a service or benefit that is no longer
substandard
1. Total
Number that have new access to this type of public facility or
infrastructure improvement
Number that have improved access to this type of public facility or
infrastructure improvement
Number served by public facility or infrastructure that is no
longer substandard
2. Total
Number of beds created in overnight shelter or other emergency housin
3. Total
Applicable if implementing one of the following activities:
Housing and Economic Development Data
Page 5 of 7
Total
Total number number
yearto
this quarter date
Occupied by elderly
Units moved from sub-standard to standard (HQS or local code)
Units qualified as Energy Star
Units made accessible
Units brought into compliance with lead safety rules (24 CFR Part 35)
1. Total
yy
Number received housing counseling
Number down payment assistance/closing costs
2. Total
Number of new businesses assisted
Number of existing businesses assisted
Number of existing businesses expanding
Number of existing businesses relocating
Number of businesses assisted with commercial facade treatment/
business building rehab
Number of businesses assisted that provide goods or services to
meet the needs of a service area, neighborhood, or community
Women-owned business
3. Total
3
*DUNS number required for each business
Page 6 of 7
D. Program Objectives
* Work Tasks Projected Quarterly Progress Supporting
Yearly Total / Progress Yr-To- Documentation
Performance Date
Design Plans and Copies of design
Specifications plans and
specifications
Advertise, Bidding Copy of Ad, minutes,
and Pre-Bid Meeting and pre-bid meeting
sign-in sheets
Bid Opening, Copy of bid
Selection, and Award tabulations,
recommendation of
award letter
Construction Contract Copy of executed
Execution, Pre- construction contract,
construction Meeting, pre-construction
and Construction meeting
minutes/sign-in
sheets, and
construction
progress/inspection
reports
Punch list Items Copy of punch list
items
Completion of Final invoice and
Construction supporting
documentation from
Construction
Contractor to City
* Work Tasks as listed in Exhibit C (Project Timeline)of the Agreement.
Page 7 of 7
EXHIBIT E
REQUEST FOR PAYMENT
Community Development Block Grant Program
43rd Year and 44th Year Program
Contract Period: to
1. Project Name:
2. Organization: Telephone Number:
3. Billing Number:
4. Billing Period Covered:
6. % of Total Contract, Expended through this Billing:
Total
Expenditures Expenditures Total Expenditures
6. Cost Categories Up to Last This Billing To Date
Billin
A. Project Costs
Salary and Fringes
Contractual
Construction (Retaina e)
Construction (All other
construction costs)
Other Project Costs
Total Expenditures
Funds Obligated:
(By Funding Agreement)
Balance
B. In-kind
Page 1 of 2
7. Details 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 Agreement for the Project are satisfactory and are consistent with the amount billed.
Signature and Title of Authorized Official Date
Page 2 of 2