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HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-087Temp. Reso. 11209 Page 1 of 4 May 29, 2007 RESOLUTION NO. R-2007- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMARAC AND BROWARD COUNTY TO PROVIDE FOR FUNDING FOR CITYWIDE SINGLE UNIT AND MULTI -UNIT HOUSING REHABILITATION IN THE AMOUNT OF $723,804 AS PART OF THE 2005 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY INITIATIVE FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY: AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as a result of the impacts from Hurricane Wilma, the State of Florida Department of Community Affairs ("DCA") has coordinated funding to assist in the repair and rehabilitation of housing units within the City of Tamarac; and WHEREAS, the City of Tamarac submitted a plan for a project with the County that would provide for the funding for rehabilitation of units within the City in conformance with the City's previously adopted Local Housing Assistance Plan, and in compliance with applicable rules and regulations of the United States, the Rules and Regulations of the Department of Housing and Urban Development, the State of Florida, and the 2005 Disaster Recovery Subgrant Agreement between Broward County and DCA; and WHEREAS, the City is entitled to receive up to Seven Hundred Twenty Three Thousand Eight Hundred Four and 00/100 Dollars ($723,804.00) to fund the City's single unit and multi unit housing rehabilitation program; 1 Temp. Reso. 11209 Page 2 of 4 May 29, 2007 WHEREAS, the City Commission has determined that it is in the City's best interest to enter into the Interlocal Agreement with Broward County for Service Area 33 — Citywide Single Unit and Multi -Unit Housing Rehabilitation in the amount of $723,804, Providing for Funding and Administration of 2005 Community Development Block Grant Disaster Recovery Initiative; and WHEREAS, the City Commission finds that it is in the best interest of the health, safety, and welfare of the citizens and residents of the City of Tamarac, to enter into the Interlocal Agreement, and to receive Seven Hundred Twenty Three Thousand Eight Hundred Four and 00/100 Dollars ($723,804.00) in order to serve the residents in the City who qualify for the Housing Rehabilitation Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2. The City Commission of the City of Tamarac, Florida hereby approves the Interlocal Agreement between Broward County and the City of Tamarac for Service Area 33 — Citywide Single Unit and Multi -Unit Housing Rehabilitation in the amount of $723,804, Providing for Funding and Administration of 2005 Community Development Block Grant Disaster Recovery 1 Temp. Reso. 11209 Page 3 of 4 May 29, 2007 Initiative, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference, and authorizes the Mayor or Vice -Mayor to sign the Interlocal Agreement, and for City Manager and City staff to take any and all action necessary to effectuate the intent of this Resolution. Section 3. The City Clerk is hereby directed to provide a signed copy of the Interlocal Agreement to the appropriate Broward County Representative. Section 4. All resolutions or parts of resolutions in conflict herewith be, and the same are hereby repealed to the extent of such conflict. Section 5. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 Temp. Reso. 11209 Page 4 of 4 May 29, 2007 Section 6. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY TH4 CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS ZV) DAY OF .Ue , 2007. ATTEST: 2 &- MARION SWENSON, CIVIC CITY CLERK I HEREBY CERTIFY that I Have approved this RESO TION as to form. CITY ATTORNEY CITY OF TAMARAC, FLORIDA Mom B. TALABISCO M. SULTANOF E. PORTNER P. ATKINS-GRAD H. DRESSLER T 1 1 1 AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for SERVICE AREA 33 -- CITYWIDE SINGLE UNIT AND MULTI -UNIT HOUSING REHABILITATION IN THE AMOUNT OF $723,804 PROVIDING FOR FUNDING AND ADMINISTRATION OF 2005 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY INITIATIVE FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS INnFX ARTICLE PAGE 1 DEFINITIONS AND IDENTIFICATIONS...............................................................4 2 PREAMBLE............................................................ ...._....6 3 PROJECT............................................................................................................. 9 4 FUNDING AND METHOD OF PAYMENT AND PROVISIONS RELATING TO THE USE OF THE FUNDS........................................................14 5 LIABILITY...........................................................................................................17 6 INSURANCE ............. ........ ........................................................ .......................... 17 7 ASSURANCES....................................................................... •....................... 21 8 FINANCIAL RESPONSIBILITY................................................................26 9 TERM OF AGREEMENT....................................................................................28 10 TERMINATION; DISQUALIFICATION ............................................ ....28 11 NOTICES.............................................................................................................30 12 MISCELLANEOUS.............................................................................................30 ATTACHMENTS (FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DOCUMENTS) ATTACHMENT "A" PROGRAM BUDGET AND SCOPE OF WORK/PROJECT DESCRIPTION ATTACHMENT "B" PROJECT WORK PLAN ATTACHMENT "C" RULE NO: 9BER06-1 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY FUNDING ATTACHMENT "D" FEDERALLY -FUNDED 2005 DISASTER RECOVERY SUBGRANT AGREEMENT BETWEEN BROWARD COUNTY AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (Excluding Attachments A & B for Non -applicable Service Areas) ATTACHMENT "E" QUARTERLY STATUS REPORT, FLORIDA CDBG DISASTER RECOVERY PROGRAM ATTACHMENT "F" CONTRACTUAL OBLIGATION AND MBE REPORT (07.02), FLORIDA CDBG DISASTER RECOVERY PROGRAM ATTACHMENT "G" ADMINISTRATIVE CLOSEOUT PACKAGE 2005 CDBG DISASTER RECOVERY INITIATIVE 2 EXHIBITS (MUNICIPAL AND BROWARD COUNTY DOCUMENTS) EXHIBIT "A" LOCAL HOUSING ASSISTANCE PLAN (LHAP) - CITY EXHIBIT "B" BROWARD COUNTY DOCUMENT REFERRED TO AS H.U.D. BOILER PLATE FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS, CAPITAL CONSTRUCTION PROJECTS, 2005 CDBG DISASTER RECOVERY INITIATIVE EXHIBIT "C" TIME FRAMES FOR REPORTING REQUIREMENTS EXHIBIT "D" MONTHLY PROGRESS REPORT EXHIBIT "E" MUNICIPAL SUBRECIPIENT'S REQUEST FOR PAYMENT 2005 CDBG DISASTER RECOVERY INITIATIVE 3 AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC for SERVICE AREA 33 — CITYWIDE SINGLE UNIT AND MULTI -UNIT HOUSING REHABILITATION IN THE AMOUNT OF $723,804 PROVIDING FOR FUNDING AND ADMINISTRATION OF 2005 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY INITIATIVE FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS This is an Agreement between: BROWARD COUNTY, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY SUBGRANTEE," through its Board of County Commissioners, UHNIXt CITY OF TAMARAC, a municipal corporation of the State of Florida, its successors in interest, hereinafter referred to as "MUNICIPAL SUBRECIPIENT." W I T N E S S E T H, that, for and in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, COUNTY SUBGRANTEE and MUNICIPAL SUBRECIPIENT agree as follows: ARTICLE 1 - DEFINITIONS AND IDENTIFICATIONS For the purposes of this Agreement and the various covenants, conditions, terms and provisions which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are assumed to be true and correct and are agreed upon by the parties. 2005 CDBG DISASTER RECOVERY INITIATIVE 4 1.1 Assurances: means those assurances made by MUNICIPAL SUBRECIPIENT to COUNTY SUBGRANTEE as specifically set forth in this Agreement. 1.2 Broward County Community Development Block Grant Program or Program: means the Community Development Program applied for by Broward County and awarded by the United States Department of Housing and Urban Development as authorized pursuant to Title I, Housing and Community Development Act of 1974, Public Law 93-383, as amended. 1.3 CDBG Funds: means the Community Development Block Grant Funds; the monies given to MUNICIPAL SUBRECIPIENT pursuant to the terms of this Agreement. 1.4 CDBG/DRI Funds: means Community Development Block Grant Disaster Recovery Initiative Funds; the monies given to MUNICIPAL SUBRECIPIENT pursuant to the terms of this Agreement. 1.5 COUNTY SUBGRANTEE: means Broward County, Florida, a political subdivision of the State of Florida. 1.6 Davis -Bacon: means the prevailing wage rate as determined by the Secretary of Labor to be paid laborers and mechanics working on projects of Two Thousand Dollars ($2,000.00) or more. 1.7 DCA: means the Florida Department of Community Affairs. 1.8 Division: means the Housing and Community Development Division of Broward County. 1.9 H.U.D.: means the United States Department of Housing and Urban Development. 1.10 MUNICIPAL SUBRECIPIENT: means CITY OF TAMARAC, a municipality as Municipal Subrecipient for the Project described in this Agreement. 1.11 Project: means the Project(s) set forth in Article 3 hereof, and Attachment "A" entitled Program Budget and Scope of Work/Project Description. 1.12 Rule of DCA Division of Housing and Community Development: means Rule No: 9BER06-1 F.A.C. "Community Development Block Grant Disaster Recovery Funding, a copy of which is Attachment "C. 2005 CDBG DISASTER RECOVERY INITIATIVE 5 1.13 Rules and Regulations of H.U.D.: means 24 C.F.R. Part .570, "Community Development Block Grant Regulations", 24 C.F.R. Part 85, "Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal Government"; OMB Circular A-87, "Cost Principles for State and Local Governments"; OMB Circular A-133, "Audits of State and Local Governments"; copies of which are incorporated herein by reference. 1.14 Rules and Regulations of H.U.D. Involving Waivers and Alternative Require- ments: means those waivers and alternative requirements applicable to the CDBG Disaster Recovery Grant to the State of Florida, as published in the Federal Register, Vol. 71, No. 168 (August 30, 2006) [Docket No. FR-501-N-06] ARTICLE 2 - PREAMBLE In order to establish the background, context and frame of reference for this Agreement and to generally express the objectives and intentions of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 2.1 Title I of the Housing and Community Development Act of 1974, P.L. 93-383, consolidated several existing categorical programs for community development into a single program of Community Development Block Grants ("CDBG") for the purpose of allowing local discretion as to the determination of needs and priorities for a community development program. The needs and priorities of community development in Broward County were determined through consultation with representatives of the community participating in the Broward County Community Development Block Grant Program. 2.1.1 The State of Florida is prioritizing housing recovery within this CDBG funding, and the allocation methodology is based on a scoring process using FEMA housing damage estimates, and targets funding to the "hardest hit" areas. The DCA coordinated with the Housing Finance Corporation and the Governor's Office to compile damage assessment data relating to Hurricane Wilma. Directing funding to the "hardest hit" areas ensures that counties with the greatest disaster recovery housing needs are targeted for funding in amounts adequate to make a significant impact on the severity of local 2005 CDBG DISASTER RECOVERY INITIATIVE 6 circumstances. The scoring mechanism has taken four (4) indicators into consideration: 1) Percentage of units damaged in each County (based on verified FEMA inspections); 2) Percentage of the state total of destroyed units in each County (again, based on verified FEMA inspections); 3) Percentage of a County damaged units attributed to households with incomes up to $30,000, to measure level of low income need; and 4) Percentage of the State's total temporary units that were placed in each County. 2.2 Pursuant to Rule No: 9BER06-1 F.A.C. "Community Development Block Grant Disaster Recovery Funding and 24 C.F.R. 570.200(a) and 570.301 of the Rules and Regulations of H.U.D., including the Waivers and Alternative Requirements as stated in Section 1.13 of this Agreement, the Project was included in the Broward County Community Development Block Grant Program submission to DCA. It was determined that the proposals funded under this Project will address one (1) or more of the following three (3) national objectives: 2.2.1 Activities benefiting Low and Moderate (L/M) Income Persons are the following: a) L/M Income Area Benefit Activities; b) L/M Income Limited Clientele Activities; c) L/M Income Housing Activities; and d) L/M Income Job Creation or Retention Activities. 2.2.2 Activities which aid in the Prevention or Elimination of Slums or Blight are: a) Addressing Slums or Blight on an Area Basis; and b) Addressing Slums or Blight on a Spot Basis. 2.2.3 Activities designed to meet Urgent Needs are: Activities designed to meet community development needs having a particular urgency if the recipient certifies that the activity is designed to alleviate existing conditions which pose a serious threat to the health or welfare of the community, are of recent origin, the recipient is unable to finance the activity on its own, and that other sources of funding are not available. 2005 CDBG DISASTER RECOVERY INITIATIVE 7 2.3 Under the Rules and Regulations of H.U.D. and the State of Florida, COUNTY SUBGRANTEE is the administrator for the Program and COUNTY SUBGRANTEE is mandated to comply with various statutes, rules and regulations of the United States and the Rules and Regulations of H.U.D. and the DCA, as to the allocation and expenditure of funds as well as protecting the interests of certain classes of individuals who reside in Broward County, Florida. 2.4 COUNTY SUBGRANTEE is mandated by H.U.D. and the State of Florida to conduct all programs and activities relating to housing and community development in a manner which will affirmatively further fair housing. COUNTY SUBGRANTEE will fund only those Municipal Subrecipients who have taken steps to promote fair housing. 2.4.1 MUNICIPAL SUBRECIPIENT agrees that the below referenced Local Housing Assistance Plan (LHAP) was in use in its jurisdiction as of the submission date of the Broward County Subgrant Application to DCA for CDBG/DRI funding, a copy of which is Exhibit "A". Any subsequent approved amendments to the LHAP required to adequately comply with the Housing Assistance Plan requirements of the 2005 CDBG Disaster Recovery Initiative, are incorporated herein by reference. Copies of these amendments must be submitted to COUNTY SUBGRANTEE. [✓] check if Municipal LHAP is applicable LJ check if County LHAP is applicable 2.5 COUNTY SUBGRANTEE is desirous of disbursing the funds to MUNICIPAL SUBRECIPIENT. However, as administrator for the Program, COUNTY SUBGRANTEE has obtained assurances from MUNICIPAL SUBRECIPIENT that it will comply with the statutes, rules and regulations of the United States, the Rules and Regulations of H.U.D., the State of Florida including but not limited to the terms and conditions outlined in Rule No: 9BER06-1 F.A.C., a copy of which is Attachment "C," and the Federally —Funded 2005 Disaster Recovery Subgrant Agreement between Broward County and DCA, a copy of which is Attachment "D," and applicable codes and regulations of COUNTY SUBGRANTEE relating to the Project and the Program, including H.U.D. Boiler Plate For Community Development Block Grant Projects, Capital Construction Projects, 2005 CDBG Disaster Recovery Initiative, a copy of which is Exhibit "B," as well as Chapter 287, Florida Statutes and Chapter 21 of the Administrative Code for Broward County regarding procurement requirements, as a condition precedent to the release of such funds to MUNICIPAL SUBRECIPIENT. 2005 CDBG DISASTER RECOVERY INITIATIVE 8 2.6 Any MUNICIPAL SUBRECIPIENT found to be taking actions designed to discourage affordable housing for sale or rent within the confines of Broward County is not eligible to receive. CDBG Disaster Recovery Initiative Funds. 2.7 This Agreement is subject to the availability of funds as more specifically described in Articles 4 and 9 hereof. ARTICLE 3 - PROJECT 3.1 MUNICIPAL SUBRECIPIENT agrees to provide and implement the following eligible Project: SERVICE AREA 33 - CITYWIDE SINGLE UNIT AND MULTI -UNIT HOUSING REHABILITATION This Project was submitted and approved in the Community Development Block Grant Disaster Recovery Initiative Funding process. Such Project is more specifically described and set forth in Attachment "A," attached hereto and made a part hereof. If this Project is to be constructed, provided, located, or implemented on MUNICIPAL SUBRECIPIENT's property, MUNICIPAL SUB - RECIPIENT shall assume all liability for same upon completion of the Project. 3.2 MUNICIPAL SUBRECIPIENT agrees to implement the Project and comply with the Project Work Plan set forth in Attachment "B," attached hereto and made a part hereof. Failure to maintain the implementation schedule within ninety (90) days of the deadlines identified in Attachment "B," may warrant a full review by the Division's staff to meet H.U.D.'s and the State of Florida's required time frames for the Community Development Block Grant Disaster Recovery Initiative Program. Such referral may be the first step toward possible recapturing of funds. Failure to maintain the implementation schedule within one hundred and twenty (120) days of the deadlines may be cause for a recommendation from the Division that all uncommitted and unexpended funds be transferred to the contingency account. 3.3 All specifications and plans prepared or to be used for the Project shall be certified and approved by MUNICIPAL SUBRECIPIENT and submitted to the Division for approval prior to advertisement or implementation as applicable. 3.4 The Division may issue a Stop Order to MUNICIPAL SUBRECIPIENT which shall halt all work on the Project in the event that the work is not being done according to specifications or when, in the Division Directors judgment, MUNICIPAL SUBRECIPIENT or its contractor have violated federal guidelines and 2005 CDBG DISASTER RECOVERY INITIATIVE 9 regulations, the Assurances contained in Article 6, or the provisions of this Agreement. 3.5 MUNICIPAL SUBRECIPIENT agrees that the Division will carry out periodic monitoring and evaluation activities as determined necessary by the Division. The continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to Project(s) scheduling, budgets, in -kind contributions and output measures. Upon request, MUNICIPAL SUBRECIPIENT agrees to furnish to the Division Director, COUNTY SUBGRANTEE or their designees, such records and information, including copies and/or transcriptions, as is determined necessary by the Division Director or COUNTY SUBGRANTEE. MUNICIPAL SUBRECIPIENT shall submit on a monthly and quarterly basis, and at other times upon the request of the Division Director, information and status reports required by Division, COUNTY SUBGRANTEE, DCA or H.U.D. on forms approved by the Division Director. [✓] check if Section 3.6 is applicable. If not, skip to Section 3.16. 3.6 If MUNICIPAL SUBRECIPIENT's Project involves any construction, renovation or remodeling and design professionals and/or contractors will be hired to complete the Project, the following shall apply: 3.6.1 MUNICIPAL SUBRECIPIENT shall provide COUNTY SUBGRANTEE with a copy of all contracts and correspondence between MUNICIPAL SUBRECIPIENT and any design professionals to complete the Project. The design professional's service shall include civil, structural, mechanical and electrical engineering and architectural services, as applicable for the Project, including all necessary, incidental and related activities and services required by the Project's scope and contemplated in the professional's level of effort. 3.6.2 MUNICIPAL SUBRECIPIENT shall provide COUNTY SUBGRANTEE with a copy of all contracts and correspondence between MUNICIPAL SUBRECIPIENT and any contractors to complete the Project. The contractor's service shall include, but not be limited to, labor, materials, equipment and other services necessary to perform all of the work described in the Contract Documents for the construction of the Project in accordance with the requirements and provisions of the codes as defined by plan review incident to permitting. The Scope of Work also includes all Project site preparations (pre -inspection, examination; tests and borings, and discovery of the site conditions and other similar activities. 2005 CDBG DISASTER RECOVERY INITIATIVE 10 3.5.3 COUNTY SUBGRANTEE shall reimburse MUNICIPAL SUBRECIPIENT for its design expenditures upon completion of each design phase more particularly described in the Project Work Plan, which shall include, but not be limited to, Schematic Design, Design Development and Contract Documents. At the conclusion of each phase, MUNICIPAL SUBRECIPIENT shall provide the associated deliverable and shall submit an invoice for payment: a) Schematic Design The design professional shall prepare and submit for approval by the Division Director, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. Additionally, the design professional shall submit a written Statement of Probable Construction Cost based on current area, volume or other unit costs. The design professional must research all applicable codes, ordinances, rules, regulations and requirements of governmental authorities having jurisdiction over the Project. b) Design Development The design professional shall prepare the Design Development Documents consisting of drawings and other documents describing the size and character of the entire Project, including architectural, structural, mechanical, and electrical systems, materials and such other essentials as may be appropriate. The design professional shall consider the availability of materials, equipment and labor, construction sequencing and scheduling, economic analysis of construction and operations, user safety and maintenance requirements and energy conservation. The Design Development Documents shall consist of, but not be limited to, the following: 1. Expansion of the architectural, structural, mechanical and electrical Schematic Design Documents to establish the final scope, relationships, forms, size and appearance of the Project through appropriate: Plans, sections and elevations, typical construction details; three dimensional sketches; basic materials and finishes; equipment and furniture layouts and space requirements; basic structural system and 2005 CDBG DISASTER RECOVERY INITIATIVE 11 dimensions; energy conservation measures; outline specifications; basic selection of mechanical and electrical equipment and their capabilities; 2. Development scheduling services consisting of reviewing and updating previously established schedules; and 3. Written Statement of Probable Construction Cost consisting of updating and refining the Schematic Design Phase Statement of Probable Construction Cost. c) Contract Documents The design professional shall prepare from the approved Design Development Documents the working drawings and specifications setting forth in detail and prescribing the work to be done, the materials, quality of work, finishes and equipment required for the architectural, structural, mechanical and electrical work and the necessary bidding information (collectively referred to as. the "Contract Documents"). The design professional shall, in the preparation of the drawings and specifications, take into account all prevailing codes and regulations governing construction in Broward County. Work tasks to accomplish this include but are not limited to the following: prepare drawings and specifications for construction; update and revise the Probable Construction Costs. The Contract Documents shall be sufficiently complete and include sufficient detail to permit issuance of a building permit and responsive bids obtained. 3.6.4 MUNICIPAL SUBRECIPIENT agrees to comply and adhere to any and all procurement requirements and documents required of COUNTY SUBGRANTEE as stated in Attachment "C" of the Federally -Funded 2005 Disaster Recovery Subgrant Agreement between Broward County and the Florida Department of Community Affairs, as well as Chapter 287, Florida Statutes and Chapter 21 of the Administrative Code for Broward County regarding procurement requirements. 3.7 No construction work may be undertaken by MUNICIPAL SUBRECIPIENT without written authorization from the Division prior to issuance of COUNTY SUBGRANTEE's Notice to Incur Costs. 2005 CDBG DISASTER RECOVERY INITIATIVE 12 3.8 All change orders must receive prior written approval from the Division. 3.9 At the completion of each Project, "as -built" drawings, when necessary, shall be submitted to the Division for approval prior to final payment. 3.10 COUNTY SUBGRANTEE shall reimburse MUNICIPAL SUBRECIPIENT for its construction expenditures pursuant to the Project Schedule, which shall indicate the dates for the commencement and completion of the various stages of construction and shall be revised as required by the conditions of the Project. The contractor shall plan, record, and update, at least monthly, the Project's construction schedule. 3.11 At no time shall COUNTY SUBGRANTEE distribute grant funding where MUNICIPAL SUBRECIPIENT has not provided the required deliverable. 3.12 In the event MUNICIPAL SUBRECIPIENT is unable to complete the Project because of delays resulting from untimely review by COUNTY SUBGRANTEE or other governmental authorities having jurisdiction over the Project, and such delays are not the fault of MUNICIPAL SUBRECIPIENT, COUNTY SUBGRANTEE shall grant a reasonable extension of time for completion of the services without additional funding. It shall be MUNICIPAL SUBRECIPIENT's responsibility to notify COUNTY SUBGRANTEE promptly in writing whenever a delay in approval by a governmental agency is anticipated or experienced, and to inform COUNTY SUBGRANTEE of all facts and details related to the delay. 3.13 MUNICIPAL SUBRECIPIENT shall submit invoices for reimbursement of construction expenditures which are identified by the specific project number in a timely manner. These invoices shall identify the nature of the work performed, the phase of work, and the estimated percent of work accomplished. Invoices for each phase shall not exceed the amounts allocated to that phase. The invoice shall show a summary of fees with accrual of the total and credits for portions paid previously. 3.14 COUNTY SUBGRANTEE shall pay MUNICIPAL SUBRECIPIENT within thirty (30) calendar days from receipt of MUNICIPAL SUBRECIPIENT's invoice for reimbursement of construction expenditures, as defined by COUNTY SUBGRANTEE's Prompt Payment Ordinance, ninety percent (90%) of the total shown to be due on such invoice. When the services to be performed on each phase of the Project are fifty percent (50%) complete and upon written request by MUNICIPAL SUBRECIPIENT, COUNTY SUBGRANTEE shall assess whether the Project is progressing in a satisfactory manner, in its sole discretion, and may 2005 CDBG DISASTER RECOVERY INITIATIVE 13 authorize that subsequent payments for each phase may be increased to ninety- five percent (95%) of the total shown to be due on subsequent statements. 3.15 Upon MUNICIPAL SUBRECIPIENT's satisfactory completion of each construction phase and after COUNTY SUBGRANTEE's review and approval, COUNTY SUBGRANTEE shall remit to MUNICIPAL SUBRECIPIENT the ten percent (10%) or five percent (5%) portion of the amounts previously withheld. Final payment for the Project may be approved by the Director of the Broward County Purchasing Division. 3.16 MUNICIPAL SUBRECIPIENT agrees to meet with COUNTY SUBGRANTEE at reasonable times and with reasonable notice to discuss the Project. 3.17 MUNICIPAL SUBRECIPIENT shall meet or exceed the standards described in the Project Description attached hereto as Attachment "A," if applicable, and all applicable codes, ordinances, statutes and any other regulations imposed by any regulatory body or authority governing the design and construction. 3.18 Time is of the essence throughout this Contract. The total Project shall be completed by MUNICIPAL SUBRECIPIENT and ready for final payment no later than the following: twenty-four (24) months from the date of execution of the Federally -- Funded 2005 Disaster Recovery Subgrant Agreement between Broward County and DCA, unless otherwise revised in accordance with Article 9. 3.19 No extension of time shall be granted for delays resulting from normal weather conditions prevailing in the area as defined by the average of the last ten (10) years of weather data recorded in the Fort Lauderdale/Hollywood International Airport Weather Station. ARTICLE 4 - FUNDING AND METHOD OF PAYMENT AND PROVISIONS RELATING TO THE USE OF THE FUNDS 4.1 The maximum amount payable by COUNTY SUBGRANTEE under this Agreement shall be Seven Hundred Twenty-three Thousand Eight Hundred Four and 00/100 Dollars ($723,804.00). 4.2 Eligible DCA approved pre -agreement professional costs associated with direct service delivery (which do not include administrative and planning costs) are eligible for reimbursement after execution of this Agreement. Eligible reimbursements must include written justification and supporting documentation. 2005 CDBG DISASTER RECOVERY INITIATIVE 14 4.3 COUNTY SUBGRANTEE agrees to reimburse MUNICIPAL SUBRECIPIENT for the Project expenses incurred as provided for in Attachment "A," attached hereto, provided a suspension of payment as provided for within this Agreement has not occurred, and provided further that MUNICIPAL SUBRECIPIENT complies with the procedures for invoices and payments as set forth in this Article. 4.4 MUNICIPAL SUBRECIPIENT shall invoice COUNTY SUBGRANTEE monthly using Exhibit "E," Request for Payment, on the following basis: 4.4.1 MUNICIPAL SUBRECIPIENT shall provide COUNTY SUBGRANTEE with an executed original of any contracts or subcontracts authorizing the work to be done on the Project. 4.4.2 MUNICIPAL SUBRECIPIENT shall provide COUNTY SUBGRANTEE with documentation of leveraging which has occurred during each month. 4.4.3 MUNICIPAL SUBRECIPIENT shall submit a certified copy of the purchase order authorizing the services for which it is invoicing. 4.4.4 If MUNICIPAL SUBRECIPIENT has awarded a contract to an independent contractor to perform Project services, MUNICIPAL SUBRECIPIENT shall submit to COUNTY SUBGRANTEE a certified copy of the contractor's invoice stating the services rendered and the date the services were rendered. 4.4.5 MUNICIPAL SUBRECIPIENT's administrator or the administrator's. authorized representative shall certify that the work that is being invoiced has been completed. 4.4.6 In addition, MUNICIPAL SUBRECIPIENT shall provide COUNTY SUBGRANTEE with Monthly Progress Reports as provided in Exhibit "D," Quarterly Status Reports as provided in Attachment "E," Contractual Obligation and MBE Reports as provided in Attachment "F" which are to be submitted semi-annually, and an Administrative Closeout Package as provided in Attachment "G" attached hereto and made a part of this Agreement. Please see Exhibit "C" for the submission time frames for the reporting requirements. 4.4.7 MUNICIPAL SUBRECIPIENT shall disclose to COUNTY SUBGRANTEE any and all third party funding, whether public or private, for the Project. No COUNTY SUBGRANTEE funding shall be used to supplant existing third party funding. 2005 CDBG DISASTER RECOVERY INITIATIVE 15 4.5 Upon receipt of invoices, reports and other materials as described by Section 4.4, the Division shall audit such bid awards, contracts, reports and invoices to determine whether the items invoiced have been completed and that the invoiced items are proper for payment. 4.6 Upon determination by the Division that the services or material invoiced have been received or completed, the Division shall make payment to MUNICIPAL SUBRECIPIENT the amount it determines, pursuant to the audit, to be payable. 4.7 For purposes of this section, invoices, reports and other materials as described in Section 4.3, shall not be honored by COUNTY SUBGRANTEE if received later than sixty (60) days after expiration or termination of this Agreement. 4.8 MUNICIPAL SUBRECIPIENT agrees to notify the Division at least forty-eight (48) hours in advance of the date that work on the Project will be initiated in order that on -site inspections may be conducted by COUNTY SUBGRANTEE. 4.9 MUNICIPAL SUBRECIPIENT agrees to expend the funds allocated to the Project within the term of this Agreement in accordance with Article 9. All funds not expended within the term of this Agreement shall remain in the custody and control of COUNTY SUBGRANTEE. 4.10 The parties hereby agree that the following events are sufficient cause for suspension of payments. Such events include but are not limited to: 4.10.1 Ineligible use of CDBG Funds; 4.10.2 Failure to comply with the terms of this Agreement as well as the Federally -Funded 2005 Disaster Recovery Subgrant Agreement between Broward County and the Florida Department of Community Affairs; 4.10.3Failure to submit reports as required including a favorable audit report; and 4.10ASubmittal of incorrect or incomplete reports in any material respect. 2005 CDBG DISASTER RECOVERY INITIATIVE 16 ARTICLE 5 - LIABILITY MUNICIPAL SUBRECIPIENT agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. ARTICLE 6 - INSURANCE 6.1 MUNICIPAL SUBRECIPIENT shall furnish COUNTY SUBGRANTEE's Contract Administrator with written verification of liability protection in accordance with state law prior to final execution of this Agreement. In the event MUNICIPAL SUBRECIPIENT elects to purchase excess liability coverage, the Broward County Board of County Commissioners shall be named as an additional insured under said policy and COUNTY SUBGRANTEE shall be notified of said coverage and provided a copy of same. At a minimum, MUNICIPAL SUBRECIPIENT shall maintain Workers Compensation and Employers Liability coverage. Workers' Compensation insurance shall apply for all employees in compliance with Chapter 440, Florida Statutes, as amended from time to time, "Workers' Compensation Law" of the State of Florida, and all applicable federal laws. In addition, the policy(ies) must include Employers' Liability with a minimum limit of One Hundred Thousand Dollars ($100,000.00) each accident, Five Hundred Thousand Dollars ($500,000.00) each employee and One Hundred Thousand Dollars ($100,000.00) each disease. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. If MUNICIPAL SUBRECIPIENT is not self - insured, COUNTY SUBGRANTEE's Risk Manager shall define the appropriate. coverage required for this Agreement. 6.2 Im rovements on MUNICIPAL SUBRECIPIENT's Propert . MUNICIPAL SUBRECIPIENT shall keep the real property improvements now existing or hereafter erected on its Property insured against loss by fire, hazards and such other hazards as COUNTY SUBGRANTEE's Risk Manager may require and in such amounts and for such affordability, loan or restriction periods as COUNTY SUBGRANTEE may require. 2005 CDBG DISASTER RECOVERY INITIATIVE 17 6.3 Insurance Requirements for MUNICIPAL „SUBRECIPIENT's Contractor(s). 6.3.1 In the event MUNICIPAL SUBRECIPIENT elects to enter in an agreement with a Contractor(s) to perform work/activities for the Project referenced herein, MUNICIPAL SUBRECIPIENT agrees to include in its contract with the successful Contractor(s) the requirements set forth below in favor of COUNTY SUBGRANTEE in addition to any MUNICIPAL SUBRECIPIENT requirements and MUNICIPAL SUBRECIPIENT further agrees to provide COUNTY SUBGRANTEE, prior to commencement of any activities, Certificates of Insurance evidencing compliance with the following requirements: CONTRACTOR agrees to maintain, on a primary basis and at its sole expense, at all times during the life of this Contract the following insurance coverages, limits, including endorsements described herein. The requirements contained herein, as well as MUNICIPAL SUBRECIPIENT's or COUNTY SUBGRANTEE's review or acceptance of insurance maintained by CONTRACTOR is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by CONTRACTOR under this Agreement. a. Commercial General Liability: CONTRACTOR agrees to maintain Commercial General Liability coverage at a limit of not less than Five Hundred Thousand Dollars ($500,000.00) Each Occurrence, Five Hundred Thousand Dollars ($500,000.00) Annual Aggregate. CONTRACTOR agrees its coverage will not contain any restrictive endorsement(s) excluding or limiting Product/Completed Operations, Independent Contractors, Broad Form Property Damage, Contractual Liability or Cross Liability. Coverage must also include Premises and/or Operations Coverages. b. Business Automobile Liability: CONTRACTOR agrees to maintain Business Automobile Liability coverage at a limit of not less than Five Hundred Thousand Dollars ($500,000.00) Each Occurrence. Coverage shall include liability for Owned, Non - Owned, Hired and Any Auto if applicable. C. Worker's Compensation Insurance and Employers Liability: CONTRACTOR agrees to maintain Worker's Compensation Insurance and Employers Liability Insurance. Note: Elective 2005 CDBG DISASTER RECOVERY INITIATIVE 18 exemptions or coverage through an employee leasing arrangement will NOT satisfy this requirement. d. Property Installation Floater shall be maintained in force, at CONTRACTOR's expense, covering labor, materials and equipment to be used for completion of the completion of the work performed under this contract against all risks of direct physical loss for an amount equal to the full amount of the contract improvements. The coverage shall be "All Risk" coverage including installation and transit for One Hundred Percent (100%) of the "installed replacement cost value," covering COUNTY SUBGRANTEE as a named insured, with a deductible of not more than Ten Thousand Dollars ($10,000.00) each claim. e. Additional Insured: CONTRACTOR agrees to endorse MUNICIPAL SUBRECIPIENT and COUNTY SUBGRANTEE as additional insureds with either a CG 2020 Additional Insured -- Owners, Lessees, or Contractors or CG 2026 Additional Insured -- Owners, Lessees, or Contractors --Scheduled Person Organization endorsement, or similar endorsements, to the Commercial General Liability. The additional insureds shall read "City of Tamarac, Florida" and "Broward County Board of County Commissioners, Florida." f. Waiver of Subrogation: CONTRACTOR agrees by entering into this Contract to a Waiver of Subrogation in favor of MUNICIPAL SUBRECIPIENT and COUNTY SUBGRANTEE for each required policy herein. When required by the insurer, or should a policy condition not permit CONTRACTOR to enter into a pre -loss agreement to waive subrogation without an endorsement, then CONTRACTOR agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others or its equivalent. g. Certificates of Insurance: CONTRACTOR agrees to provide MUNICIPAL SUBRECIPIENT a Certificate(s) of Insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect. 6.3.2 In the event of loss, MUNICIPAL SUBRECIPIENT shall give prompt notice to the insurance carrier and COUNTY SUBGRANTEE. COUNTY 2005 CDBG DISASTER RECOVERY INITIATIVE 19 SUBGRANTEE may make proof of loss if not made promptly by MUNICIPAL SUBRECIPIENT. 6.3.4 Unless the Parties otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and COUNTY SUBGRANTEE's interest is not thereby impaired. If such restoration or repair is not economically feasible or if COUNTY SUBGRANTEE's interest would be impaired, the insurance proceeds shall be applied to the sums contemplated in this Agreement, with the excess, if any, paid to MUNICIPAL SUBRECIPIENT. If the Property is abandoned by MUNICIPAL SUBRECIPIENT or if MUNICIPAL SUBRECIPIENT fails to respond to COUNTY SUBGRANTEE within thirty (30) days from the date notice is mailed by COUNTY SUBGRANTEE that the insurance carrier offers to settle a claim for insurance benefits, COUNTY SUBGRANTEE is authorized to collect and apply the insurance proceeds at COUNTY SUBGRANTEE's option either to restoration or repair of the Property or to the sums contemplated under this Agreement. 6.3.5 Such policy or policies shall be without any deductible amount and shall be issued by approved companies authorized to do business in the state of Florida, and having agents upon whom service of process may be made in Broward County, Florida. MUNICIPAL SUBRECIPIENT shall specifically protect COUNTY SUBGRANTEE and the Broward COUNTY Board of COUNTY Commissioners by naming BROWARD COUNTY and the Broward County Board of County Commissioners as additional insureds. 6.3.6 MUNICIPAL SUBRECIPIENT shall furnish to COUNTY SUBGRANTEE Certificates of Insurance or endorsements evidencing the insurance coverage specified in this Section prior to beginning performance of work under this Agreement. 6.3.7 If the Project involves construction of any structure on MUNICIPAL SUBRECIPIENT's property, MUNICIPAL SUBRECIPIENT shall require its Contractor to provide Builder's Risk in the amount of One Hundred Percent (100%) of replacement value of the completed structure. Such Builders Risk policy shall be all risk form with deductible not to exceed Ten Thousand Dollars ($10,000.00) each claim and loss payable clause to include Broward County. 2005 CDBG DISASTER RECOVERY INITIATIVE 20 6.3.8 All policies must be endorsed to provide COUNTY SUBGRANTEE with at least thirty (30) days notice of cancellation and/or restriction. If any of the insurance coverages will expire prior to the required term, copies of renewal policies shall be furnished at least thirty (30) days prior to the date of their expiration. ARTICLE 7 - ASSURANCES 7.1 MUNICIPAL SUBRECIPIENT agrees that the Assurances provided by MUNICIPAL SUBRECIPIENT in this Article 7 shall survive the expiration or earlier termination of this Agreement. 7.2 MUNICIPAL SUBRECIPIENT agrees to comply with the provisions of Section 102, Executive Order 11246, incorporated herein by reference, and with the guidelines for applicants on equal opportunity obligations for CDBG Funds in regard to construction contracts. 7.3 MUNICIPAL SUBRECIPIENT agrees to submit written notification to the Division of all prebid and preconstruction meetings at least two (2) weeks prior to the actual date, of the meetings. 7.4 MUNICIPAL SUBRECIPIENT agrees to comply with the provisions outlined in 24 C.F.R., Part 135 which implements Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u). 7.5 MUNICIPAL SUBRECIPIENT agrees to comply with all applicable federal, state and county laws, ordinances, and codes and regulations including but not limited to Chapter 287, Florida Statutes and Chapter 21 of the Administrative Code for Broward County regarding procurement requirements. Any conflict or inconsistency between the above federal, state or county guidelines and regulations and this Agreement shall be resolved in favor of the more restrictive regulations. 7.6 MUNICIPAL SUBRECIPIENT agrees to act in accordance with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which provides, in part, that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which MUNICIPAL SUBRECIPIENT receives federal financial assistance and will immediately take any measures necessary to effectuate this Agreement. If any real property or structure thereon is provided or improved with the aid of federal financial 2005 CDBG DISASTER RECOVERY INITIATIVE 21 assistance extended to MUNICIPAL SUBRECIPIENT, this assurance shall obligate MUNICIPAL SUBRECIPIENT or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. 7.7 MUNICIPAL SUBRECIPIENT agrees, if applicable, to inform affected persons of the benefits, policies, and procedures provided for under Rules and Regulations of H.U.D. 7.8 MUNICIPAL SUBRECIPIENT agrees to establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other associates. 7.9 MUNICIPAL SUBRECIPIENT agrees further that it shall be bound by the standard terms and conditions used in the H.U.D. grant agreements and such other rules, regulations or requirements as H.U.D. may reasonably impose, in addition to the aforementioned Assurances provided at, or subsequent to, the execution of this Agreement, by the parties hereto. 7.10 If applicable, MUNICIPAL SUBRECIPIENT agrees to carry out the relocation process in such a manner as to provide displaced persons with uniform and consistent services, and assure that replacement housing will be available in the same range of choices with respect to such housing to all displaced persons regardless of race, color, religion, or national origin pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 7.11 MUNICIPAL SUBRECIPIENT agrees to comply with the requirements and standards of OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local, and Federally Recognized Indian Tribal Governments," and 24 C.F.R. 85, incorporated herein by reference. 7.12 MUNICIPAL SUBRECIPIENT agrees to incorporate Broward County's Resolution 83-1936 related to First Source Hiring Agreement Requirements within all contracts awarded by MUNICIPAL SUBRECIPIENT pursuant to this Agreement. 2005 CDBG DISASTER RECOVERY INITIATIVE 22 [J check if Section 7.13 is applicable 7.13 MUNICIPAL SUBRECIPIENT agrees to comply with the following requirements as they relate to acquisition, lease, sublease, and disposition of real property. 7.13.1 Real property acquired utilizing CDBG/DRI Funds shall be subject to a Mortgage and Promissory Note, in favor of COUNTY SUBGRANTEE as Mortgagee, in substantially the forms to be provided by COUNTY SUBGRANTEE to MUNICIPAL SUBRECIPIENT. Upon execution of the Mortgage and Promissory Note by MUNICIPAL SUBRECIPIENT, COUNTY SUBGRANTEE shall record same, at MUNICIPAL SUBRECIPIENT's expense, in the Public Records of Broward County, Florida, prior to the disbursement of any funding. Failure to use the property for the purpose(s) intended and pursuant to the terms within this Agreement shall result in breach of said Mortgage and remedies pursuant to same in favor of COUNTY SUBGRANTEE. 7.13.26efore entering into a lease or sublease with a third party, MUNICIPAL SUBRECIPIENT shall notify the Division in writing of its intent to enter into a lease or sublease, provide a copy of the proposed lease or sublease and obtain the Division's consent. 7.13.3 Property acquired through a CDBG/DRI funded Project shall be used for the original approved purpose and MUNICIPAL SUBRECIPIENT shall demonstrate significant progress within twelve (12) months of closing on such property. In the event such progress is not evidenced nor commenced within said twelve (12) months of closing, MUNICIPAL SUBRECIPIENT hereby agrees to transfer ownership of the property acquired with CDBG Funds to COUNTY SUBGRANTEE, if COUNTY SUBGRANTEE so requests in writing. 7.13.4 All real property transferred to COUNTY SUBGRANTEE's ownership as a result of the aforementioned deficiency, lack of significant material progress, or real property returned as a result of expiration and subsequent termination of this Agreement, shall be used by COUNTY SUBGRANTEE and DCA, in their joint discretion, for reallocation to other eligible CDBG activities. 7.13.5 Real property acquired utilizing CDBG/DRI Funds which are used for the purpose of housing construction shall be deeded to home buyers at no cost to the home buyer. Any income realized as a result of the disposition 2005 CDBG DISASTER RECOVERY INITIATIVE 23 of property by MUNICIPAL SUBRECIPIENT shall be returned to COUNTY SUBGRANTEE, unless otherwise provided for by written agreement. 7.13.6 Any regulations, policies, procedures, or requirements governing the acquisition, use and disposition of real property including, but not limited to, the Uniform Relocation and Real Property Acquisition Policies Act, incorporated herein by reference, shall be followed and provisions of said regulations, policies, procedures and requirements shall be met. 7.13.7 The income of persons benefiting from acquisition of real property used for housing shall not exceed H.U.D. Section 8 guidelines unless written authorization is given by the Division. 7.13.8 Proceeds from the sale of real property purchased in whole or in part with CDBG/DRI Funds shall be used for the originally authorized purposes as long as needed for that purpose(s), and MUNICIPAL SUBRECIPIENT shall not dispose of or encumber its title or other interests, consistent with 24 C.F.R. 85.31. 7.13.9 Method of transfers of real property acquired with or improved by use of CDBG/DRI Funds shall be accomplished after written approval by the Director of the Housing and Community Development Division. 7.14 Real property, equipment and supplies acquired with CDBG/DRI funds and no longer needed for the originally authorized purpose shall be disposed of in the manner authorized by the Director of the Housing and Community Development Division and consistent with 24 C.F.R. 85 after MUNICIPAL SUBRECIPIENT has requested disposition instructions. 7.15 In instances where there is construction work of over Two Thousand Dollars ($2,000.00) financed in whole or part with CDBG Funds under this Agreement, MUNICIPAL SUBRECIPIENT agrees to adhere to the Davis -Bacon Act, 40 U.S.C. 276a-276a-5, as amended, which requires all laborers and mechanics working on the Project be paid not less than prevailing wage rates as determined by the Secretary of Labor. 7.16 In instances where MUNICIPAL SUBRECIPIENT is seeking to use CDBG/DRI Funds for payment of impact fees, MUNICIPAL SUBRECIPIENT must attempt to secure a waiver of such impact fees. If MUNICIPAL SUBRECIPIENT is unsuccessful in obtaining a waiver, MUNICIPAL SUBRECIPIENT must submit to the Division documentation reflecting MUNICIPAL SUBRECIPIENT's 2005 CDBG DISASTER RECOVERY INITIATIVE 24 unsuccessful efforts prior to utilization of CDBG Funds for payment of impact fees. 7.17 MUNICIPAL SUBRECIPIENT agrees that CDBG/DRI Funds shall not be used for religious activities or provided to primarily religious entities for any activities, including secular activities. 7.18 MUNICIPAL SUBRECIPIENT agrees to administer, in good faith, a policy designed to assure a workplace free from the illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. 7.19 MUNICIPAL SUBRECIPIENT agrees that applicants for rehabilitation assistance, tenants in housing being rehabilitated and purchasers of H.U.D. associated housing will be provided with information concerning the dangers of Lead -Base Paint. 7.20 MUNICIPAL SUBRECIPIENT agrees that: 7.20.1 No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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. 7.20.2 If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit COUNTY SUBGRANTEE's Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 7.20.3 MUNICIPAL SUBRECIPIENT shall assure that the language of this certification 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. 2005 CDBG DISASTER RECOVERY INITIATIVE 25 7.21 MUNICIPAL SUBRECIPIENT agrees to act in accordance with Sections 503 and 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 in addressing the problem of discrimination against individuals with disabilities in such areas as employment, housing, public accommodations, education and transportation. 7.22 In accordance with Section 519 of Public Law 101-144, (the H.U.D. Appropriations Act), MUNICIPAL SUBRECIPIENT certifies that it has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. 7.23 MUNICIPAL SUBRECIPIENT shall comply with Title I and Title II of the ADA regarding nondiscrimination on the basis of disability in employment and in state and local government services, in the course of providing services funded in whole or in part by COUNTY SUBGRANTEE. ARTICLE 8 - FINANCIAL RESPONSIBILITY 8.1 MUNICIPAL SUBRECIPIENT gives COUNTY SUBGRANTEE, DCA, H.U.D., and the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents relating to the Project. 8.2 MUNICIPAL SUBRECIPIENT agrees to comply with the requirements and standards of OMB Circular A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local, and Federally Recognized Indian Tribal Governments" and 24 C.F.R. 85, incorporated herein by reference. 8.3 MUNICIPAL SUBRECIPIENT agrees that if it has caused any funds to be expended in violation of this Agreement, it shall be responsible to refund such monies in full to COUNTY SUBGRANTEE from nonfederal resources, or if this Agreement is still in force, any subsequent request for payment shall be withheld by COUNTY SUBGRANTEE. 8.4 MUNICIPAL SUBRECIPIENT agrees to comply with the audit requirements of OMB Circular A-133, entitled "Audits of State and Local Governments and Non - Profit Organizations." The audit shall cover the entire operations of the local government or, at the option of that government, may cover only the department or agency that received, expended, or otherwise administered the federal funds. Such audit must be filed with COUNTY SUBGRANTEE within one hundred eighty (180) days after the close of the fiscal year of the governmental entity. All 2005 CDBG DISASTER RECOVERY INITIATIVE 26 grant funds from COUNTY SUBGRANTEE should be shown via explicit disclosure in the annual financial statements or the accompanying notes to the financial statements. 8.5 MUNICIPAL SUBRECIPIENT agrees and understands that all funding authorized through the Program shall be used only for eligible activities specifically outlined in this Agreement. In the event any of such funds are used for ineligible activities, such inappropriately used funds shall be repaid to COUNTY SUBGRANTEE by MUNICIPAL SUBRECIPIENT, and COUNTY SUBGRANTEE and DCA, in their joint discretion, may reallocate the funds to other eligible CDBG/DRI projects. 8.6 Program income generated as a result of receipt of CDBG Funds must be reported immediately to COUNTY SUBGRANTEE, 8.6.1 Program income generated prior to closeout, upon the prior written approval of COUNTY SUBGRANTEE and acknowledgement by DCA, shall be used in one (1) of the following manners: a) Added to funds committed to the Project by MUNICIPAL SUBRECIPIENT and used proportionally to the original funding allocation to further eligible program objectives. b) Only for eligible CDBG/DRI activities. If any portion of this program income has not been used at the time of closeout, it shall be returned to COUNTY SUBGRANTEE. 8.6.2 Program income generated after closeout, shall be returned to COUNTY SUBGRANTEE upon written request of the Division. 8.7 MUNICIPAL SUBRECIPIENT agrees to budget and expend all CDBG Funds in accordance with the Division's "Procedures Manual for Subrecipients." 8.8 MUNICIPAL SUBRECIPIENT is required to and hereby agrees to account for program income related to the Project financed in whole or part with CDBG/DRI Funds. 8.9 Any real property under MUNICIPAL SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG Funds shall be: 8.9.1 Used to meet one of the National Objectives in 24 C.F.R. 570.208 until five (5) years after expiration of this Agreement; and 2005 CDBG DISASTER RECOVERY INITIATIVE 27 8.9.2 Disposed of, if disposition occurs, in a manner that results in COUNTY SUBGRANTEE being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to the expenditure of non-CDBG Funds for acquisition of or improvement to the property. 8.10 MUNICIPAL SUBRECIPIENT acknowledges that this is a federally assisted Project. Failure to complete the Project in accordance with this Agreement, whether voluntarily or otherwise, constitutes a material breach of this Agreement, and any funds expended by COUNTY SUBGRANTEE pursuant to this Agreement for the Project shall be repaid in full to COUNTY SUBGRANTEE from nonfederal resources. MUNICIPAL SUBRECIPIENT agrees that this provision shall survive the expiration or earlier termination of this Agreement. ARTICLE 9 - TERM OF AGREEMENT This Agreement shall commence on , and shall end twenty-four (24) months from the date of execution of the Federally —Funded 2005 Disaster Recovery Subgrant Agreement between Broward County and DCA, unless terminated earlier pursuant to the terms of this Agreement, or extended pursuant to changes in said Subgrant Agreement between Broward County and DCA. ARTICLE 10 - TERMINATION; DISQUALIFICATION 10.1 This Agreement is subject to the availability of funds. Should funds no longer be available, this Agreement shall terminate upon no less than twenty-four (24) hours notice in writing to MUNICIPAL SUBRECIPIENT. Said notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. COUNTY SUBGRANTEE shall be the final authority as to the availability of funds. 10.2 If, through any cause, MUNICIPAL SUBRECIPIENT fails to commence work on the Project, as set forth in Attachment "B," within ninety (90) days from the date of COUNTY SUBGRANTEE's issuance of the Notice to Incur Costs, or fails to fulfill in timely and proper manner its obligations under this Agreement, or if MUNICIPAL SUBRECIPIENT shall violate any of the covenants, agreements, or stipulations of this Agreement, COUNTY SUBGRANTEE, at the discretion of and through the COUNTY Administrator, shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to MUNICIPAL SUBRECIPIENT of such termination or suspension of payment and specifying the effective date thereof, at least five (5) days before the effective date of termination or suspension. If payments are withheld, the Division shall 2005 CDBG DISASTER RECOVERY INITIATIVE 28 specify in writing the actions that must be taken by MUNICIPAL SUBRECIPIENT as a condition precedent to resumption of payments and should specify a reasonable date for compliance. 10.3 In the event of termination, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, capital equipment and any other assets secured by MUNICIPAL SUBRECIPIENT with CDBG Funds under this Agreement shall be returned to COUNTY SUBGRANTEE. 10.4 Notwithstanding the above, MUNICIPAL SUBRECIPIENT shall not be relieved of liability to COUNTY SUBGRANTEE for damages sustained by COUNTY SUBGRANTEE by virtue of any breach of this Agreement by MUNICIPAL SUBRECIPIENT, and COUNTY SUBGRANTEE may withhold any payments to MUNICIPAL SUBRECIPIENT, for the purposes of setoff until such time as the exact amount of damages is determined. 10.5 In the best interests of the Program and in order to better serve the people in the target areas and fulfill the purposes of this Agreement, either party may terminate this Agreement upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons for doing so. In the event COUNTY SUBGRANTEE terminates this Agreement, COUNTY SUBGRANTEE shall pay MUNICIPAL SUBRECIPIENT for documented committed eligible costs. The County Administrator is authorized to terminate this Agreement on behalf of COUNTY SUBGRANTEE pursuant to this Section upon his or her determination that termination is in the best interests of COUNTY SUBGRANTEE and the Program. 10.6 All requests for amendments to this Agreement must be submitted in writing to the Director of the Housing and Community Development Division no less than ninety (90) days prior to the termination date of this Agreement. If the amendment is extending the Municipal Subrecipient agreement period, it must be received by the Division Director at least one hundred and twenty (120) days prior to the end of this Agreement. 10.7 If, in the opinion of the Division Director, MUNICIPAL SUBRECIPIENT has violated the terms of this Agreement, the Division Director may bring the matter before the County Administrator for consideration. 2005 CDBG DISASTER RECOVERY INITIATIVE 29 ARTICLE 11 - NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to -wit: FOR COUNTY SUBGRANTEE: Ralph Stone, Director Broward County Housing and Community Development Division 115 South Andrews Avenue, Room 311 Fort Lauderdale, Florida 33301 FOR MUNICIPAL SUBRECIPIENT: Jeffrey L. Miller, City Manager City of Tamarac 7525 NW 88 Avenue Tamarac, Florida 33321 ARTICLE 12 — MISCELLANEOUS 12.1 EEO COMPLIANCE MUNICIPAL SUBRECIPIENT shall not unlawfully discriminate on the basis of race, color, national origin, sex, religion, age, marital status, political affiliation, disability, or sexual orientation (including but not limited to Broward County Code, Chapter 161/2) in the performance of this Agreement, the solicitation for or purchase of goods or services relating to this Agreement, or in subcontracting work in the performance of this Agreement. MUNICIPAL SUBRECIPIENT shall include the foregoing or similar language in its contracts with any subcontractors or subconsultants, except that any project assisted by the U.S. Department of Transportation funds shall comply with the non-discrimination requirements in 49 C.F.R. Parts 23 and 26, as amended. Failure to comply with the foregoing requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as COUNTY SUBGRANTEE deems appropriate. 2005 CDBG DISASTER RECOVERY INITIATIVE 30 MUNICIPAL SUBRECIPIENT shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. MUNICIPAL SUBRECIPIENT shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNTY SUBGRANTEE, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, MUNICIPAL SUBRECIPIENT shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. By execution of this Agreement, MUNICIPAL SUBRECIPIENT represents that it has not been placed on the discriminatory vendor list (as provided in Section 287.134, Florida Statutes). MUNICIPAL SUBRECIPIENT hereby materially relies on such representation in entering into this Agreement. An untrue representation of the foregoing shall entitle COUNTY SUBGRANTEE to terminate this Agreement and recover from MUNICIPAL SUBRECIPIENT all monies paid by COUNTY SUBGRANTEE pursuant to this Agreement, and may result in debarment of MUNICIPAL SUBRECIPIENT from COUNTY SUBGRANTEE's competitive procurement activities. 12.2 INDEPENDENT CONTRACTOR. MUNICIPAL SUBRECIPIENT is an independent contractor under this Agreement. Services provided by MUNICIPAL SUBRECIPIENT shall be performed by employees of MUNICIPAL SUBRECIPIENT and subject to supervision by MUNICIPAL SUBRECIPIENT, and shall not be deemed officers, employees, or agents of COUNTY SUBGRANTEE. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of MUNICIPAL SUBRECIPIENT, which policies of MUNICIPAL SUBRECIPIENT shall not conflict with COUNTY SUBGRANTEE, or State of Florida policies, rules or regulations relating to the use of CDBG Funds provided for under this Agreement. 12.3 PRIOR AGREEMENTS SUPERSEDED. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. 2005 CDBG DISASTER RECOVERY INITIATIVE 31 12.4 AMENDMENTS, COUNTY SUBGRANTEE may, in its discretion and with the approval of DCA, amend this Agreement to conform to changes in federal, state, local, and/or COUNTY SUBGRANTEE directives and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Board of County Commissioners, except the County Administrator shall be authorized to execute amendments that change the term of the Agreement or that change the Project, so long as the Project consists of eligible activities under the 2005 Community Development Block Grant Disaster Recovery Initiative, 24 C.F.R. Part 570 and those waivers and alternative requirements applicable to the CDBG Disaster Recovery Grant, and provided that these amendments have received the approval of DCA. Except for the provisions as set forth herein, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. It is understood that COUNTY SUBGRANTEE is responsible to DCA and H.U.D. for the administration of CDBG/DRI Funds and may consider and act upon reprogramming recommendations as proposed by its MUNICIPAL SUBRECIPIENT's or the Division after appropriate referral to the County Administrator and with the approval of DCA. In the event that COUNTY SUBGRANTEE approves any modification, amendment, or alteration to the funding allocation, MUNICIPAL SUBRECIPIENT shall be notified pursuant to Article 11 and such notification shall constitute an official amendment. With the approval of DCA, the Division Director shall be authorized to approve changes to the information set out in Attachments "A" and "B," provided such changes do not result in an increase in the CDBG/DRI Fund amount in Section 4.1 of this Agreement, nor change the Project. 12.5 ASSIGNMENT. MUNICIPAL SUBRECIPIENT shall not transfer or assign the performance of services called for in this Agreement. However, this Agreement shall run to COUNTY SUBGRANTEE or its successors. 12.6 REPORTS, PLANS AND OTHER AGREEMENTS. All reports, plans, surveys, information, documents, maps and other data procedures developed, prepared, assembled or completed by MUNICIPAL SUBRECIPIENT for the purposes of this Agreement shall become the property of COUNTY SUBGRANTEE without restriction, reservation or limitation of their use and shall be made available by MUNICIPAL SUBRECIPIENT at any time upon request by COUNTY SUBGRANTEE or Division. Upon completion of all work contemplated under this Agreement, copies of all of the above data shall be delivered to the Division Director upon his/her written request. 2005 CDBG DISASTER RECOVERY INITIATIVE 32 12.7 CONFLICT OF INTEREST. MUNICIPAL SUBRECIPIENT covenants it shall comply with the requirements of 24 CFR Part 92 relative to the Conflict of Interest provisions and the definitions as to applicability contained in Part 92.2. Any possible conflicting interest on the part of MUNICIPAL SUBRECIPIENT, its employees, or agents, shall be disclosed in writing to the Division. It shall not be deemed a conflict as long as all purchasing for consumables, capital equipment and services are obtained in conformance with Article 3. However, this paragraph shall be interpreted in such a manner so as not to reasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation of Very Low, Low, and Moderate Income residents of the Project's target area. 12.8 CONFLICTS. Neither MUNICIPAL SUBRECIPIENT nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with MUNICIPAL SUBRECIPIENT's loyal and conscientious exercise of judgment related to its performance under this Agreement. MUNICIPAL SUBRECIPIENT agrees that none of its employees shall, during the term of this Agreement, serve as an adverse or hostile witness against COUNTY SUBGRANTEE in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process, nor shall such persons give sworn testimony or issue a report or writing, as an expression of his or her opinion, which is adverse or prejudicial to the interests of COUNTY SUBGRANTEE in any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude such persons from representing themselves in any action or in any administrative or legal proceeding regarding this Agreement. In the event MUNICIPAL SUBRECIPIENT is permitted to utilize subcontractors to perform any services required by this Agreement, MUNICIPAL SUBRECIPIENT agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. 12.9 EXECUTION. This document shall be executed in four (4) counterparts, each of which shall be deemed to be an original. 12.10 CHOICE OF LAW; WAIVER OF JURY TRIAL. Any controversies or legal problems arising out of this transaction and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, and shall be governed by the laws of the State of Florida. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each party hereby waives any rights it may have to a trial by jury of any such litigation. 2005 CDBG DISASTER RECOVERY INITIATIVE 33 12.11 SEVERANCE. In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY SUBGRANTEE or MUNICIPAL SUBRECIPIENT elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 12.12 LEGAL PROVISIONS DEEMED INCLUDED. Each and every provision of any law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. 12.13 KNOWLEDGE AND COMPLIANCE WITH APPLICABLE LAWS. MUNICIPAL SUBRECIPIENT shall keep fully informed of all Federal and State laws, all local laws, ordinances and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, affect work authorized under the terms of this Agreement. MUNICIPAL SUBRECIPIENT shall at all times observe and comply with all such laws, ordinances, regulations, orders and decrees. 12.14 THIRD PARTY BENEFICIARIES. Neither MUNICIPAL SUBRECIPIENT nor COUNTY SUBGRANTEE intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 12.15 WAIVER OF BREACH AND MATERIALITY. Failure by COUNTY SUBGRANTEE to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. No waiver shall be effective unless it is in writing and signed by the party against whom it is asserted. A waiver of any provision of this Agreement or failure to perform any of the terms, covenants, and conditions of this Agreement shall not be deemed a waiver of any prior or subsequent failure to perform any term, covenant or condition of this Agreement and shall not be construed to be a modification of the terms of this Agreement. COUNTY SUBGRANTEE and MUNICIPAL SUBRECIPIENT agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. 2005 CDBG DISASTER RECOVERY INITIATIVE 34 12.16 JOINT PREPARATION. COUNTY SUBGRANTEE and MUNICIPAL SUBRECIPIENT acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations under this Agreement, and the preparation of this Agreement has been a joint effort of COUNTY SUBGRANTEE and MUNICIPAL SUBRECIPIENT and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 12.17 PRIORITY OF PROVISIONS. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 12 of this Agreement shall prevail and be given effect. In the event there is a conflict between any provisions set forth in this Agreement and a more stringent State or Federal provision which is applicable to any services performed under this Agreement, the more stringent State or Federal provision shall prevail. 12.18 INCORPORATION BY REFERENCE. The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits are incorporated into and made a part of this Agreement. The Rule and Regulations of H.U.D. are incorporated herein by reference. 12.19 USE OF TERMS. All terms and words used in this Agreement, despite the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section of this Agreement, such reference is to the section as a whole, including all of the subsections and subparagraphs of such section unless the reference is made to a particular subsection or subparagraph of such section. 12.20 CAPTIONS AND HEADINGS. Captions and headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this Agreement, nor the intent of any provisions hereof. 12.21 SUCCESSION OF AGREEMENT, This Agreement and the rights and obligations contained herein shall inure to the benefit of and be binding upon the 2005 CDBG DISASTER RECOVERY INITIATIVE 35 parties hereto and their respective successors and assigns, where permitted by this Agreement. 12.22 SURVIVAL. Either party's right to monitor, evaluate, enforce, indemnify and insure, audit and review, and any assurances and items of financial responsibility shall survive the expiration or earlier termination of this Agreement. Any provision of this Agreement which contains a restriction or requirement which extends beyond the date of termination or expiration set forth herein shall survive termination or expiration of this Agreement and be enforceable. 12.23 FURTHER ASSURANCE. MUNICIPAL SUBRECIPIENT and COUNTY SUBGRANTEE agree to execute, acknowledge, deliver, and cause to be done, executed, acknowledged and delivered all such further documents and perform such acts as shall reasonably be requested of it to carry out this Agreement and give effect hereto. Accordingly, without in any manner limiting the specific rights and obligations set forth in this Agreement, the parties declare their intention to cooperate with each other in effecting the terms of this Agreement. 12.24 TIME IS OF THE ESSENCE. For the purposes herein, the parties agree that time shall be of the essence of this Agreement and the representations and warranties solely made herein are all material and of the essence of this Agreement. 12.25 WAIVER OF CLAIMS. MUNICIPAL SUBRECIPIENT hereby waives any claim against COUNTY SUBGRANTEE, and its agents, servants and employees for loss of anticipated profits caused by any suit or proceedings directly or indirectly attacking the validity of this Agreement or any part thereof, or by any judgment of award in any suit or proceeding declaring this Agreement null, void or voidable, delaying the same or any part thereof, from being carried out. 12.26 CUMULATIVE RIGHTS. All rights and remedies of COUNTY SUBGRANTEE hereunder or at law or in equity are cumulative and shall be in addition to any other rights and remedies available. The exercise of any right or remedy shall not be taken to exclude or waive the right to the exercise of any other. Failure by COUNTY SUBGRANTEE to promptly exercise any of its rights shall not operate to forfeit or be treated as a waiver of any such rights. 12.27 SPECIFIC PERFORMANCE. MUNICIPAL SUBRECIPIENT agrees that in addition to all other remedies, its obligations contained herein shall be subject to the remedy of specific performance by appropriate action commenced in a court of competent jurisdiction. 2005 CDBG DISASTER RECOVERY INITIATIVE 36 12.28 UNCONTROLLABLE FORCES. Neither COUNTY SUBGRANTEE nor MUNICIPAL SUBRECIPIENT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non -performing party. It includes, but is not limited to fire, earthquakes, hurricanes, tornadoes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 12.29 MINORITY/WOMEN BUSINESS ENTERPRISE (M/WBE) PROGRAM. The Board of County Commissioners has enacted Ordinance 2004-07 establishing the Business Opportunity Act of 2004. Pursuant to this Act and as part of COUNTY SUBGRANTEE's Minority/Women Business Enterprise (M/WBE) Program, the Small Business Development Division establishes goals in all County procurement activity of Two Hundred Fifty Thousand Dollars ($250,000.00) or more and in other selected procurement activity. (This Agreement, however, does NOT have assigned M/WBE goals for the utilization of eligible minority or women business enterprises). COUNTY SUBGRANTEE and MUNICIPAL SUBRECIPIENT agree that contractor and vendor awards to Minority/Women Business Enterprises are crucial to the achievement of COUNTY SUBGRANTEE's M/WBE participation objectives. Although this Agreement does NOT have assigned M/WBE goals, MUNICIPAL SUBRECIPIENT agrees that wherever possible, every effort will be made to utilize the services of Broward County -certified M/WBE firms and MUNICIPAL SUBRECIPIENT shall include this provision in any subcontract it enters into pursuant to this Agreement. 12.30 EXECUTION AUTHORITY. The individual executing this Agreement on behalf of MUNICIPAL SUBRECIPIENT personally warrant that he or she has full authority to execute this Agreement on behalf of MUNICIPAL SUBRECIPIENT. 12.31 MULTIPLE ORIGINALS. Multiple copies of this Agreement may be executed by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. 2005 CDBG DISASTER RECOVERY INITIATIVE 37 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY, through the BROWARD COUNTY ADMINISTRATOR, authorized to execute same by resolution of the Board of County Commissioners, and CITY OF TAMARAC, signing by and through its , duly authorized to execute same. WITNESSES: Signature Print Name Signature Print Name Approved as to Insurance Requirements: By: Risk Management Division COUNTY SUBGRANTEE BROWARD COUNTY SUBGRANTEE, through the BROWARD COUNTY ADMINISTRATOR LIM County Administrator day of , 20 Approved as to form by Office of County Attorney Broward County, Florida JEFFREY J. NEWTON, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 Dated: A. Denise Sagerholm, Esq. Assistant County Attorney 2005 CDBG DISASTER RECOVERY INITIATIVE 38 AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR SERVICE AREA 33 -- CITYWIDE SINGLE UNIT AND MULTI -UNIT HOUSING REHABILITATION IN THE AMOUNT OF $723,804 PROVIDING FOR FUNDING AND ADMINISTRATION OF 2005 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY INITIATIVE FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS MUNICIPAL SUBRECIPIENT ATTEST: CITY OF TAMARAC, FLORIDA 1 y: y: d City Clerk Signatu APPROV AS TO LEGAL SUFFICIENCY: By: ?14ity Attorney STATE OF FLORIDA SS. COUNTY OF / / 4a) Print Name and Title day of Ju , 20 The foregoing instrument was acknowledged before me this day of , 20A-)i, by , &gp 1aL,MXry) _ , as _M- %LL//70 _ of He or she is personally known to me $r denti d who di an oath. Notary Public, State of Florida Commission No.. b boW([ 197 My commission expires: e I #07 D.33 , � +Y.P " °J! `� Patricia A. 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N ro•� N•y m— co ;� m goN O A dm vm vm am am � co E T CD o 9 a Q m uj ~CD (D C co CD 0 co CF) CD N O C] J O O J n Q o "] Q z ATTACHMENT "C" DEPARTMENT OF COMMUNITY AFFAIRS Division of Housing and Community Development Rule Title: Rule No: Community Development Block Grant Disaster Recovery Initiative 9BER06-1 SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY AND WELFARE: The expenditure of the funds in the disaster stricken areas where housing, infrastructure, and businesses were severely damaged or destroyed is essential to the health, safety and welfare of the public. REASONS FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: Promulgation of Rule Chapter 9BER06-1, using emergency rule procedures, is the only available mechanism that adequately provides for the expeditious disbursement and use of the federal funds to provide disaster relief, long-term recovery and infrastructure restoration. SUMMARY: This rule enables the Department of Community Affairs to distribute and administer CDBG disaster recovery funds as expeditiously as possible. THE PERSON TO BE CONTACTED REGARDING THIS EMERGENCY RULE IS: Monya Newmyer, Administrator, Division of Housing and Community Development, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, telephone (850) 487-3644. THE FULL TEXT OF THE EMERGENCY RULE IS: 9BER06-2 Community Development Block Grant Disaster Recovery Funding. 1 The obiective of this emergency rule is to address disaster relief, long-term recovea and infrastructure restoration of communities, particularly those persons who are of low and moderate income that suffered damage or loss as a result of Hurricanes Katrina and Wilma. This emergency rule applies to all rant recipients, whether Urban Entitlements or participants of the Florida Small Cities CDBG Program. 2 In order to expedite recovea measures all ortions of Rule Chapter 9B-43 F.A.C, are abrogated by this emergency rule except the followin : Rule 9B-43.0031 Definitions and Rule 96-43.0051 2 3 4 and 8 Selected portions of Grant Administration and Pro'ect Implementation). In addition the following emergency rule Rrovisions are applicable. 3 The following definition is provided for clarification. a "Service area" means the total geographical area to be served by -an activity. A service area will encompass all beneficiaries who are reasonably served or would be reasonably served by an activity. 4 Interlocal Agreements, Eligible applicants proposing eligible activities in other eligible urisdictions will enter into an Interlocal Agreement with the following rovisions or submit documentation of an established relationship between eligible jurisdictions which includes the following provisions. a Includes as parties all local governments whose jurisdictions are included in the Proiect and/or service area(s); (bl Authorizes the applicant to undertake the activities in all 'urisdictions included in the interlocal agreement, and c Affirms that all activities are consistent with each local overnment's comprehensive plan and provides documentation which includes applicable excerpts of each localgovernment's comprehensive plan in the supporting documentation section of the application. (5 Units of general local government may utilize up to 3% of the funds allocated for administrative costs asspecified in 24 CFR 570.206. This does not include staff and administrative costs directly related to caraing out activities eligible under 24 CFR 570 since those costs are eligible as -part of those activities. (6) Expenditures and Limitations. a Local governments operating on a reimbursement of funds basis must submit at least one re -quest for funds each cluarter which reflects actual proiect expenditures for the guarter. b Local overnments may maintain no more than �� of cash -on -hand to meet daily cash needs. Amounts greater than MT shall be expended within 14 days or refunded to the Department. c Escrow Accounts. Local governments may draw down CDBG funds and deposit them into an interest -bearing escrow account for restoration of affordable housing, An escrow account may be established when direct grants or loans are made to owners of private pmpert for the purpose of restoration of affordable housing. The local government must track the requirements for receipt of and disbursement of all funds for each housing unit. 1. Funds may be requested only after a roval of the contractor and amount of the contract by the local government. If funds are received by the local government prior to the execution of a contract that obligates those funds those funds will be returned to the Department within seven days of their receipt. 2. Funds requested and escrowed for use on housing units shall not be used for any other purpose. 3. Funds reguested and escrowed for a housing unit must be expended on that housing unit within 45 days from date of deposit in the escrow account or be returned to the De artment. 4. Interest earned on escrow accounts shall be reported quarterly to the Department. 7 Pro ram Income. Any program income earned as a result of activities funded under this rant must be reported to the Department, but may be retained for the life of the grant -by the local government and used to continue the CDBG disaster recovery activity from which the funds were generated, Contractual agreements will provide additional guidelines for utilization of program income funds. 8 Applicants and/or beneficiaries must provide documentation of funds received from other sources which were applied toward the costs of the oroiect funded by these disaster recove funds. (9) Amendments. All proposed amendments must be approved by the Department. (a) Documentation Required. All requests for subgrant agreement amendments shall include the followinq written documentation for review by the De artment: 1. A cover letter si ned by the Chief Elected Official or his or her designee which describes the need for the proposed changes and their effect upon the approved -project. 2. All application forms that would be changed by the proposed amendment. 3. If applicable, a revised activity work plan. 4. If applicable, a revised budget showing the current and amended buds 5. If there is a change in activity location, a legible map which indicates the proposed change. 6. If applicable, a co of the minutes of the meetin of the Citizen's Adviso Task Force (CATF) when the proposed amendment was reviewed. 7. If applicable, a copy of the public notice for the public hearing at which the amendment was approved. 8. Signature of the Chief Elected Official on Form DCA 07.02 Reguest for Amendment Provided by the Department upon request, which is hereby incorporated by reference or documentation from the local governing body authorizing the proposed amendment. b The amendment must be received by the Department at least 45 days prior to the end of the sub rant agreement. If the amendment is extending the sub rant agreement period, it must be received by the Department at least 90 days prior to the end of the sub rant agreement. O If the local government requests administrative closeout prior to the termination date of the sub rant agreement, any amendment affecting closeout and reguiring Department approval must be included with the closeout. (d) Time Extensions to Subgrant Agreements. Any -Proposed amendment extending the termination date of the sub rant agreement must be approved by the Department. The local government must explain any delay affecting project completion and must justify the need for the extension. (10) Subgrant Closeout. (a) At the time of submission of the closeout report, the local government must have available documentation which verifies its certification that all construction has been completed, inspected and approved by all parties prior to the sub rant agreement end date and submission of the administrative closeout. (b) An administrative closeout may be submitted only when the local government has no more than $5,000 in total funds on hand. All funds drawn from the Department and not Expended that exceed $5,000 must be returned to the Department prior to or with the submission of the closeout. If the local government has transferred funds from the re ular CDBG administrative account or the escrow account and these funds remain under the control of the local government, the funds are not considered _expended_ for Purposes of administrative closeout. c Upon completion of the activities contained in the localgovernment's CDBG sub rant agreement, including any amendments the local government shall submit to the Department a closeout which at a minimumgives the final statement of costs certifies that the project and all non -administrative activities are completed and accepted, that all costs except those reflected on the closeout have been paid and reports demographics of the ro ram's beneficiaries. d Lqny change has been made since the apolication ma or the last map -amendment the closeout shall also contain a revised -map- of the activities completed duringthe term of the CDBG contract. (e) The closeout for Housing contracts shall, at a minimum, include a list of the households assisted by the contract and certify that they were within the local overnment's iurisdiction. Additional information required by HUD may be requested. (f) For activities where hookups or connections are required for beneficiaryaccess to the public improvement, evidence at the time of closeout must show: 1. The total number of persons in all households in the service area: 2. The number of low and moderate income persons in households connected to the infrastructurem and 3. Pro'ects meeting the LMI national obiective must document that the number of LMI persons in households connected to the infrastructure divided by the total number of beneficiaries in the service area equals at least 51 percent or higher. (q) The closeout must contain original signatures. Facsimile (FAX) submissions are not acceptable. (h) If a local government fails to meet contractual requirements on time, the Department reserves the right to require that a local government financially (not administratively_) close out a sub rant agreement in order to meet federal requirements for the timely distribution of funds set by HUD. (i) The closeout is due within 45 days after _expiration or termination of the subgrant agreement. 11 Beneficiaries of Public Improvements. For activities where hookups or connections are re uired for beneficiary access to CDBG-funded infrastructure low and moderate income benefit shall be determined by the number of low and moderate income persons in households connected to and able to use the water, sewer or other infrastructure at the time of administrative closeout. For activities where hookups or connections are required as a condition for beneficiary access to a CDBG funded infrastructure no hookup or connection fees shall be charged to very -low, low or moderate -income beneficiaries._ Further, no portion of the project construction costs shall be charged to_very-low, low or moderate -income beneficiaries. 12 Housing Rehabilitation Standards. Upon completion of the housinq rehabilitation program, all housing units addressed with CDBG funds must be in compliance with the subgrantee's local housing code and the HUD Section 8 Housing Quality Standards. This requirement does not apply if the construction activity is limited to water hookups, sewer hookups, the abandonment of wells, or the abandonment of septic systems with no internal or external modifications to the housing structure. (13) If manufactured housing units are used for replacement housing, they must meet the following specifications: a Manufactured housing units must be built to HUDpost-1 994 construction standards. (b) The units must be new, previously uninstalled manufactured housing units. (c) Units must bear HUD compliance certification meeting HUD_ wind_ resistance construction standards for wind zone 3. d The county shall inspect and approve the installation of all manufactured housing units. e Units must be installed to the manufacturer's installation instructions. (f) These funds may not be used for furniture or interior design costs, insurance, financing points, or add -on structures. (g) Replacement units may be placed on leased land or resident -owned land. (h) Site location must meet minimum safety criteria (e.g., not located in floodplain, not in high velocity wind zone, etc.). (i) Units must be for_owner-occupancy, The costs of each manufactured housing unit must not exceed the appraised value of the unit per the Fannie Mae/Freddie Mac manufactured housing appraisal guidelines current) in effect (e.g., Fannie Mae Announcement 03-06 Appraisal Guidelines for Manufactured Housing). THIS RULE SHALL TAKE EFFECT IMMEDIATELY UPON BEING FILED WITH THE DEPARTMENT OF STATE. Effective Date: CERTIFICATION OF THE DEPARTMENT OF COMMUNITY AFFAIRS EMERGENCY RULES FILED WITH THE DEPARTMENT OF STATE I hereby certify that an immediate danger to the public health, safety or welfare requires emergency action and that the attached rule is necessitated by the immediate danger. I further certify that the procedures used in promulgation of this emergency rule were fair under the circumstances and the rule otherwise complies with subsection 120.54(4), Florida Statutes. The adoption of the rules was authorized by me as the head of the agency and this rule is hereby adopted upon its filing with the Department of State, pursuant to the provision of section 120.54(4)(d), Florida Statutes. Rule No. 9BER06-2 Under the provision of section 120.54(4)(d), Florida Statutes, this rule takes effect upon filing unless a later time and date less than 20 days from filing is set out below: Effective Date: _(Month) _ (Day) 2006 (Year) Thaddeus L. Cohen, AIA, Secretary Number of Pages Certified_8_ <7 ATTACHMENT H Agreement Number: 07DB-3V-11-16-01-Z08 CFDA Number: 14.228 Applicable Rule: 9BER06-1, Florida Administrative Code FEDERALLY -FUNDED 2005 DISASTER RECOVERY SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department'), and Broward County, (hereinafter referred to as the 'Recipient'). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the U. S. Department of Housing and Urban Development, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C_ WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement,, NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A, the Activity Work Plan(s) by service area, Attachment B of this Agreement, and the Subgrant Application including subsequent revisions that are mutually agreed to by both parties, which are incorporated herein by reference ("the Subgrant Application"). (2) INCORPORATION OF LAWS, RULES, REGULATIONS. AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment C. (3) PERIOD OF AGREEMENT wl This Agreement shall begin upon execution by both parties, and shall end twenty-four (24) months after the last date signed, unless terminated earlier in accordance with the provisions of Paragraph (10) of this Agreement. CONTRACT EXTENSIONS WILL NOT BE GRANTED UNLESS RECIPIENT IS ABLE TO PROVIDE SUBSTANTIAL JUSTIFICATION AND THE DIVISION DIRECTOR APPROVES SUCH EXTENSION. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes, which are mutually agreed upon, shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for -profit) organization on a cost -reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five (5) years from the date of final closeout of this Agreement, and shall allow the Department or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Chief Financial Officer, or Auditor General upon request for a period of five (5) years from the date of final closeout of this Agreement, unless extended in writing by the Department, with the following exceptions - PA, 1. If any litigation, claim or audit is started before the expiration of the five-year period and extends beyond the five-year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five (5) years after final disposition. 3. Records relating to real property acquisition shall be retained for five (5) years after closing of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work, Attachment A, Attachment B, Activity Work Plan(s), the Subgrant Application and subsequent revisions that are mutually agreed to by both parties, and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at , but not be limited to, auditors retained by the Department. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department, "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement- 3 (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph 6(d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: 4 Department of Community Affairs Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [An electronic copy shall also be submitted to aurilla. arrish dca.state.fl.us and Department of Community Affairs Small Cities Community Development Block Grant Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-1 33, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 101" Street Jeffersonville, IN 47132 Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (0, OMB Circular A-133, as revised. (f) Pursuant to Section .320 (0, OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [An electronic copy shall also be submitted to auriIla.oarrish dca,state,ff.usl and Department of Community Affairs Small Cities Community Development Block Grant Program 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular 5 A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (j) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla, Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department no later than nine (9) months from the end of the Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide to the Department reports and information as identified in Attachment D. (b) If all required reports and copies, prescribed above, are not sent to the department or are not completed in a manner "acceptable to the Department", the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Department' means that the work product was completed in accordance with the Budget and Scope of Work and the Activity Work Plan, Attachments A and B of the Agreement, and the Subgrant Application and subsequent revisions that are mutually agreed to by both parties. (c) The Recipient shall provide such additional program updates or information as may be required by the Department. (d) The Recipient shall comply with the Environmental Assessment and Request for Release of Funds process as set forth in 24 C.F,R. Part 58 within ninety (90) days from the date of execution of this Agreement. (e) The Recipient shall provide such additional program updates or information as may be required by the Department. (0 The Recipient shall comply with the Environmental Assessment and Request for Release of Funds process as set forth in 24 C.F.R. Part 58 within ninety (90) days from the date of execution of this Agreement. (8) MONITORING The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients, and consultants who are paid with funds under this Agreement, to ensure that time schedules are met, the Budget, Scope of Work and Subgrant Application activities are accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachments A and B of this Agreement and the Subgrant Application including subsequent revisions that are mutually agreed to by both parties. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor 7 General. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth in Paragraph 11, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination, The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address set forth in Paragraph 03) herein; this Agreement; (b) Commence an appropriate legal or equitable action to enforce performance of (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance; 2. issuing a written notice of noncompliance to advise that more serious measures may be taken if the situation is not corrected; 3. advising the Recipient to suspend, discontinue or refrain* from incurring costs for any activities in question; or 4. requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Department any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. under law. (f) Exercise any other rights or remedies which may be otherwise available (g) The pursuit of any one of the above remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. (12) TERMINATION (a) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Department may terminate this Agreement for its convenience or when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. 10 (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) When this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (13) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. is: (b) The name and address of the Department contract manager for this Agreement Jim Austin 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Telephone: (850) 922-1791 Fax: (850) 922-5609 Email: jim.austin@dca.state.fl.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Suzanne R. Fejes 115 South Andrews Avenue, Room 311 Fort Lauderdale, Florida 33301 Telephone: (954) 357-5802 Fax: (954) 357 6380 Email: sremien@broward.org 11 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department within ninety (90) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement to the extent applicable to the subcontract, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the Recipient. For each subcontract, the Recipient shall provide a written statement to the Department as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A — Budget and Scope of Work Attachment B -- Activity Work Plan(s) Attachment C — Program Statutes, Regulations and Program Conditions 12 Attachment D — Reporting Requirements Attachment F — Warranties and Representations Attachment H — Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Attachment J -- Special Conditions Attachment K — FloridaPAPERS ID and Password Request Login Form (17) FUNDING/CONSIDERATION (a) The funding for this Agreement shall not exceed $22,163,887 subject to the availability of funds. (b) The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement, and the Subgrant Application including subsequent revisions that are mutually agreed to by both parties. (c) All funds shall be requested electronically through FloridaPAPERS. The Recipient must complete a FloridaPAPERS ID and Password Request Login Form, Attachment K of this Agreemenrt, identifying an individual authorized.to submit a Request For Funds (RFFs) on behalf of the Recipient utilizing the intuitive web portal. (d) Pursuant to 24 C.F.R. Section 570.489(b), pre -agreement costs reflected in the Subgrant Application as originally submitted that relate to preparation of the Subgrant Application are considered eligible costs and may be reimbursed to the Recipient, if they are otherwise in compliance with all other requirements of this contract. (e) Funds expended for otherwise eligible activities prior to the effective date of the Agreement, except for those provided for in this Agreement or prior to the effective date of the enabling amendment wherein the Department agrees to their eligibility, fundability, or addition to the Agreement, is ineligible for funding with Disaster funds. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the State Legislature, the Office of the Chief Financial Officer Comptroller or the Office of Management and Budgeting, all obligations on the part of the Department to make any further payment of 13 funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Department. (18) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (19) VENDOR PAYMENTS Pursuant to Section 215,422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-548-3792. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of 14 the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement, (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of whom may be taken as an original, (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sea.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, 15 supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (h) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 18(h)2, of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the Department prior to the Recipient entering into a contract with any prospective subcontractor. SUBMISSION OF ATTACHMENT H DOES NOT PRECLUDE THE RECIPIENT'S COMPLETION AND SUBMISSION OF THE "BIDDING INFORMATION AND CONTRACTOR ELIGIBILITY FORM." urt 0) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. 0) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (k) If otherwise allowed under this Agreement, all bills for any travel expenses Shall be submitted in accordance with Section 112.061, Fla. Stat, (1) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (m) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (n) The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (o) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. 17 (21) LOBBYING PROHIBITION (a) No funds or other resources.received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification 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. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any. person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (22) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement, which he or she knows or should know, could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property, which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights, which accrue during performance of the Agreement. 19 (23) LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT: BROWARD COUNTY Reviewed and approved as to form: Na and title' ut a ° ` A. re .. Newton, County Attorney rya �,; Y tY Y Date: FID#: STATE OF FLORIDA DEPARTMENT OF COMMUNITY �-w Name and Title: Janice _Browninj Director Division of Housing and Communit Develo ment Date: 20 Attachment C State and Federal Statutes, Regulations and Program Conditions By signature of this Agreement, the local government hereby certifies that it will comply with the following applicable federal and state requirements: Section I: State and Federal Statutes and Regulations Community Development Block Grant, Final Rule, 24 35 C.F.R., Part 570; 2. Florida Small and Minority Business Act, s. 288.702- 288.714, F.S.; 36, 3. Florida Coastal Zone Protection Act, s. 161.52-161.58, 37. F.S.; 38. 4. Local Government Comprehensive Planning and Land 39, Development Regulation Act, Ch. 163, F.S.; 5. Title I of the Housing and Community Development Act 40. of 1974, as amended 6. Treasury Circular 1075 regarding drawdown of CDBG 41. funds 7. Sections 290.0401-290,049. F.S.; 8. Rule Chapter 913-43, Fla. Admin, Code.; 42. 9. Department of Community Affairs Technical Memorandums; 10, HUD Circular Memorandums applicable to the Small 43. Cities CDBG Program; 44_ 11 Single Audit Act of 1984; 12, National Environmental Policy Act of 1969 and other 45. provisions of law which further the purpose of this Act; 13. National Historic Preservation Act of 1966 (Public 46. Law89-665) as amended and Protection of Historic Properties (24 47, C.F.R. Part 800); 48. 14, Preservation of Archaeological and Historical Data Act 49, of 1966; 15. Executive Order 11593 - Protection and Enhancement 50. of Cultural Environment; 16. Reservoir Salvage Act; 17, Safe Drinking Water Act of 1974, as amended; 51. 18. Endangered Species Act of 1958, as amended; 19. Executive Order 12898 - Environmental Justice 52. 20. Executive Order 11988 and 24 C.F.R. Part 55 - 53. Floodplain Management, 21. The Federal Water Pollution Control Act of 1972, as amended (33 U.S.C., s. 1251 et.seq.); 54, 22. Executive Order 11990 - Protection of Wetlands; 23. Coastal Zone Management Act of 1968, as amended; 24. Wild and Scenic Rivers Act of 1968, as amended; 55. 25, Clean Air Act of 1977; 56. 26, HUD Environmental Standards (24 C.F.R. Part 58); 57. 27. Farmland Protection Policy Act of 1981, 28. Clean Water Act of 1977; 58. 29. Davis - Bacon Act; 59. 30. Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. s. 327 et. seq.; 60. 31. The Wildlife Coordination Act of 1958, as amended; 32. The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 (42 61, U.S.C., s. 6901 et, seq); 33. Noise Abatement and Control: Departmental Policy 62. Implementation, Responsibilities, and Standards, 24 C.F.R. Part 51, Subpart B; 34, Flood Disaster Protection Act of 1973, P.L. 92-234; 24 Protection of Historic and Cultural Properties under HUD Programs, 24 C.F.R. Part 59; Coastal Zone Management Act of 1972, P.L. 92-583; Architectural and Construction Standards; Architectural Barriers Act of 1968, 42 U.S.C. 4151; Executive Order 11296, relating to evaluation of flood hazards; Executive Order 11288, relating to prevention, control and abatement of water pollution; Cost -Effective Energy Conservation Standards, 24 C.F.R. Part 39; Section 8 Existing Housing Quality Standards, 24 C.F.R. Part 882; Coastal Barrier Resource Act of 1982; Federal Fair Labor Standards Act, 29 U.S.C., s, 201 et. seq.; Title VI of the Civil Rights Act of 1964 - Non- discrimination; Title VII of the Civil Rights Act of 1968 - Non- discrimination in housing; Age Discrimination Act of 1975; Executive Order 12892- Fair Housing Section 109 of the Housing and Community Development Act of 1974, Non-discrimination; Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R. Part 8; Executive Order 11063 - Equal Opportunity in Housing; Executive Order 11246 - Non-discrimination; Section 3 of the Housing and Urban Development Act of 1968, as amended - Employment/Training of Lower Income Residents and Local Business Contracting; Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L., 100-17, and 49 C.F.R, Part 24; Copeland Anti -Kickback Act of 1934, Hatch Act; Title IV Lead -Based Paint Poisoning Prevention Act (42 U.S.C., s. 1251 et. seq.); OMBCirculars A-87, A-122, and A-133, as revised; Administrative Requirements for Grants, 24 C.F.R. Part 85; Section 102 of the Department of Housing and Urban Development Reform Act of 1989 and 24 C.F.R. Part 12; Emergency Rule 9BER06-1, CDBG Disaster Recovery Funds; HUD program requirements for disaster recovery projects as published in Federal Register, Vol. 69, No. 237 (December 10, 2004) [Docket No. FR-4959 — N-01]. Section II: Program Conditions - Disaster Recovery Initiative Program 1. Prior to the obligation or disbursement of any funds, except for administrative expenses not to exceed Fifteen Thousand Dollars ($15,000), but in any case, no later than ninety -days (90) from the effective date of this Agreement, the Recipient shall complete the following: a. Comply with procedures set forth in 24 C.F.R. Part 58, Environmental Review Procedures for Title I Community Development Block Grant Programs and 40 C.F.R. Section 1500-1508, National Environmental Policy Act Regulations. When this condition has been fulfilled to the satisfaction of the Department, the Department will issue a Notice of Removal of Environmental Conditions; b. If special assessments or impact fees are to be charged to each household that is to be hooked up to the sewage system, document the source of those funds and that they are dedicated to the project for the purpose of funding said special assessments or impact fees; C. The Recipient shall not enter into a contract to be paid with Disaster funds based on a sole source or single proposal procurement action without prior written approval from the Department. Failure to secure the prior written approval shall relieve the Department of any obligation to fund the said procurement contract. Any previous payments to the Recipient to fund said contract shall be ineligible and shall be repaid to the Department by the Recipient; and d. The documentation required in paragraph 3 below for any professional services contract procured prior to the start date of this agreement. e. Submit to the Department copies of all adopted required policies not provided at the time of original Application, which the Recipient certified would be adopted. Also, unless submitted with the Subgrant Application or reviewed at the site visit and determined to be acceptable, submit an executed copy of the required inter -local and/or subrecipient Agreement if more than one local government is covered by this contract. f. The procurement of professional administrative and engineering services. 2. For each procured and executed professional services contract for which Disaster funding will be requested, or within five (5) days of the execution of any yet to be procured professional services for which Disaster funding will be requested, submit a c_c_ opV of the following procurement documents: a. Public notice of the terms of the request for proposals in a newspaper of regional circulation, including affidavit of publication; b. List of entities to whom a notification of the request for proposals was provided by mail or by fax; C. List of firms that submitted a proposal (only if short -listing procedure was used); d. Completed short -listing evaluation / ranking forms, including any ranking summary document, and document transmitting the short-listed firms to the commission (only if short -listing procedure used), e. Completed final evaluation / ranking forms; Portion of commission minutes dealing with contract award; 25 g. Cost breakout from selected firm used for completion of the cost analysis (if pricing information was not submitted with proposals); Contract (signed or proposed); i. Truth -in -Negotiation certification (if not in the contract) for engineering contracts over $60,000; If a protest was filed, a copy of the protest and documentation of resolution; k. A request for the Department's approval of a single source procurement if only one firm was considered and the contract exceeds $25,000, I. If a regional planning council or local government is performing the services, submit only a copy of the contract and cost analysis information; and m. If professional services procurement will not. be undertaken, so advise the Department. 3. For any activity that requires construction plans and specifications prepared by an engineer or architect: a. Provide to the Department a copy of all engineering specifications and construction plans. The Recipient shall also furnish the Department, prior to soliciting bids or proposals, a copy of all bid documents for all services and/or materials to provide those services and/or materials for all construction activities when the bids are expected to exceed $25,000. These submissions are for the limited purpose of identifying the extent of the activities to be accomplished with Disaster funds under this Agreement, and inclusion of program requirements, and in no way does it indicate that the Department has conducted a technical review of, or approved the plans or other bidding documents; b. The Recipient shall not publicize any request for bids for construction purposes or distribute bid packages until the Department has provided to the Recipient, written acceptance of the engineering specifications, construction plans, and bid documents; and C. In any service area which requires construction plans and specifications prepared by an engineer or architect, no more than twenty-five percent (25%) of the grant administration amount allocable to that service area may be requested until the construction plans and specifications for that service area have been received for review by the Department. For the purpose of this condition, the allocable grant administration amount for each service area is calculated by first determining each service area's percentage of total project costs, excluding administrative costs, and then multiplying the service area's percentage of total project costs by the total administrative budget. This calculation results in a percentage of total administrative costs per service area based on each service areas percentage of the grants total project costs, excluding administrative costs. 4. For activities requiring acquisition of property, the Recipient shall: a. Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and Disaster funds will not be used for the cost of acquisition, the Recipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition, including notice to the property owner of his or her rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of rights (for donations), as applicable. 26 The documentation shall be submitted within forty-five (45) days of acquiring the property and prior to advertising for construction bids for any activity that required the acquisition. b. Should the Recipient be undertaking any activity subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and Disaster funds will be used for the cost of acquisition, the Recipient shall document completion of all pre -acquisition activities by submitting all documentation required for a desk monitoring of those activities, including notice to the property owner of their rights under URA, invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, waiver of rights (for donations), and estimated settlement costs, as applicable. The documentation shall be submitted to the Department for review prior to closing on the property. A copy of the final statement of settlement costs and a copy of recorded deed, with any required deed restrictions, shall be submitted within forty-five (45) days of the acquisition. 5. If the project involves installation of new sewer lines, or a new sewer treatment plant funded (partially or wholly) from Disaster funds and new sewer lines funded by another source, the Recipient shall document notification to appropriate households of the requirement in Section 381.00655(1), Fla. Stat. (1995) to hookup to the sewer system within three -hundred and sixty-five (365) days of its availability. (Note that the notification is to be provided at least one year prior to the anticipated availability of the system.) 6. The Recipient shall obtain approval from the Department prior to obligating Disaster funds for any engineering activities and costs related thereto under the Rural Utilities Service (RUS) engineering fee schedule. The Department will not reimburse or fund engineering activities or costs that are not eligible under the RUS fee schedule and Emergency Rule 9BER05-2 CDBG Disaster Recovery Funds. 7, The Recipient, by executing this Agreement, does thereby certify that program income received and retained by the local government before closeout of the grant will be used to continue grant activities in compliance with all applicable requirements of 25 C.F.R. Section 570.489(e). The amount of program income earned and expended must be reported to the Department on a quarterly basis. Quarterly progress reports are due to be received by the Department no later than fifteen (15) days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. 8. The Recipient shall annually undertake an activity to affirmatively further fair housing pursuant to 24 C.F.R: Section 570.487(b)(4). Annually shall be defined as an activity for each year or one-third thereof from the effective date of the contract to the date of submission of the administrative closeout. 9. A deed restriction shall be recorded on any real property or facility acquired with Disaster funds. This restriction shall limit the use of that real property or facility to the use stated in the Application and that title shall remain in the name of the Recipient. Such deed shall be made a part of the public records in the Clerk of Court of the County in which the Recipient is located. Any future disposition of that real property shall be in accordance with 24 C.F.R. Section 85.31. Any future change of use shall be in accordance with 24 C.F.R. Section 570.4890). 10, The Recipient shall conduct all public hearings relating to this Agreement and performance hereunder in a location that is accessible to physically handicapped persons or make such accommodations as necessary to provide for active participation of handicapped persons desirous of attending such public hearings. 11. All amendments to the activities contained in the application, including proposed new activities must be approved by the Department in writing prior to the date of initiation of that activity or the execution of any contract with any third party relating to such activity. The Department reserves the right 27 to require that deletion of an activity meeting the LMI national objective be replaced with another activity meeting the LMI national objective. 12. The Recipient shall update and submit Form HUD 2880 to the Department within thirty (30) days of the Recipient's knowledge of changes in situations which would require that updates be prepared. A final Form HUD 2880 shall be provided to the Department with the request for administrative closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout and assessment of any penalties which otherwise would have occurred. 13. The Recipient shall comply with the historic preservation requirements of 24 C.F.R. 58.17 and the SecretM of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. 14. Conflicts of interest relating to procurement shall be addressed pursuant to 24 C.F.R. Section 570.489(g). Conflicts of interest relating to acquisition or disposition of real property; Disaster financial assistance to beneficiaries, businesses, or other third parties; or any other financial interest, whether real or perceived, shall be addressed pursuant to 24 C.F.R. Section 570.489(h). All procurement actions shall be conducted pursuant to 24 C.F.R. Section 85.36 and Rule 96-43, Fla Admin. Code. 15, The Recipient shall maintain records of its expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the contracted budget line items by service area contracted activity as defined on Attachment A and on the Activity Work Plan(s). 16. If an activity is designed by an engineer, architect, or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package, and a copy of the certification shall be submitted with the administrative closeout package. 17. Payment for the acquisition of property, right-of-way, or easement must be approved in writing by the Department prior to distribution of funds. Should the Recipient fail to obtain Department approval, any portion of the cost of the acquisition exceeding Fair Market Value as established in HUD Handbook 1378 shall not be paid with Disaster funds. 18. If, as a result of a site visit, the Department identifies any issues affecting the eligibility for funding any activity in the application, the local government shall provide information necessary to establish eligibility for the activity under the Disaster Recovery initiative program requirements or replace the activity with a new activity meeting such requirements, within the provisions of Program Condition Number 10. 19. Any debris removal on private property approved by the Department as a result of a HUD waiver will be treated as "direct benefit" and the project file shall document that the property owner qualifies as a low or moderate income (LMI) person. If documentation that the person qualifies as an LMI person is not provided, then the cost of debris removal is not allowed. 20_ Following demolition of a structure on private property, the local government shall place a lien against the real property for the cost of demolition. If the lien is not recorded against the real property, then the demolition cost is not an eligible cost under the grant. A lien is not required when the demolition is needed for residential reconstruction completed during the sub -grant period. A copy of the lien shall be maintained in the project files. When the lien is paid, the funds shall be treated as program income in accordance with CDBG regulations in in 24 CFR 570. 21. For any activity performed as an "urgent need," the project files shall document that the activity meets the requirements of 24 CFR 570.483 (d) to qualify under the "urgent need" national objective. For these disaster recovery funds, the "threat to health or welfare" portion of the requirements may be established in the context of the 2004 hurricane season damage. N:I 22. If grant funds are used for acquisition of property for, or infrastructure in support of, LMI housing construction, construction of the housing must be completed and LMI benefit documented during the sub - grant period. 23. if grant funds are used for "slum and blight," the project files shall document that the activity took place in an area officially designated as a "slum" or "blighted" area and meets HUD requirements for "slum and blight" national objective, or that the activity qualifies under HUD requirements for "spot blight." 24. If grant funds are used for acquisition, the requirements of 24 CFR 570.83 (e) (2) regarding final use or disposition shall be met. 25. For any construction contract that requires payment of prevailing wages under the Davis -Bacon and Related Acts (DBRA), the Recipient shall take the following actions so that the Department may meet its DBRA tracking and reporting requirements to HUD for these funds: a. Obtain a wage decision from the Department using its Wage Decision Request form or a similar document with the same information; and b. Prior to awarding the construction contract, submit the Bidding Information and Contractor Eligibility form, or document with the same information, and obtain the Department's confirmation that the contractor is not excluded from participation in federally funded projects. 26 If any funds are used for housing rehabilitation, the project files shall document that, following completion of each home, all code violations have been corrected and the home meets Section 8 Housing Quality Standards. 27. Within thirty (30) days of execution of any construction contract between the Recipient and a contractor, all construction contractors shall provide a schedule for completion of work activities under that construction contract. 28. Pursuant to Federal RegisterNolume 69, Number 237 [Docket Number FR-4959-N-01] and the Robert T. Stafford Disaster Assistance and Emergency Relief Act (42 U.S.C. 5155), no activity may receive assistance from these funds with respect to any cost that is reimbursable by FEMA, eligible for Small Business Administration assistance or from any other program, insurance or any other sources. The Recipient's project files shall document how compliance with this prohibition on duplication of benefits was determined for each activity, including sub -recipients and, for housing or other direct benefit activity, individual beneficiaries. Duplication of benefits identified during monitoring, by an audit, or other means may require repayment of duplication of benefit funds. MJ Attachment F Warranties and Representations Financial Management In addition to complying with all applicable federal regulations, the Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that adequately identify the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (5) Accounting records, including cost accounting records that are supported by source documentation. Competition In addition to complying with all applicable state and federal regulations, all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of Conduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. 31 Business Hours The Recipient shall be available at all reasonable times for business. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired. 32 Attachment H Contractor Covered Transactions (1) The prospective contractor of the Recipient, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. Contractor's Name and Title Signature Firm Street Address City, State, Zip Date Recipient's Name DCA Contract Number NOTE: SUBMISSION OF THIS FORM DOES NOT PRECLUDE RECIPIENT'S COMPLETION AND SUBMISSION OF THE "BIDDING INFORMATION AND CONTRACTOR ELIGIBILITY FORM." 33 Attachment J Special Conditions Rehabilitation of Multi -Family Housing Rental Units 1. The Recipient shall negotiate an Agreement with property owners for housing projects using CDBG funds to ensure rental rates will remain affordable for an appropriate period of time. Agreements should stipulate that a portion of CDBG funds will be recaptured if housing units are not retained at affordable rates. The recaptured amount may be repayable on a graduated basis similar to a declining mortgage. For example, if rents are retained for one year at affordable rates, a greater percentage should be recaptured then if rents were retained for two years at affordable rates. There should also be a point in time when 100% of CDBG funds invested is forgiven and the Agreement is satisfied. Recaptured CDBG funds shall be treated as program income in accordance with CDBG regulations in 24 CFR 570 and must be reported to the Florida Disaster Recovery CDBG Program, see Section II: Program Condition 7, 2. No later than ninety (90) days from the effective date of this Agreement, If the Agreement reflects activities being implemented under the national objectives of Urgent Need or Slum and Blight, the Recipient must submit an appropriate properly completed National Objective Form, including attachments, to the Department for review and approval before funds may be drawn down to implement those activities. 34 ATTACHMENT " E" Quarterly Status Report Florida CDBG Disaster Recovery Program Quarter Ending Mar June Set Dec Local Government Contract Number Local Contact Person Telephone Number Email Address t 2 s a s s Activity # Name of Activity Unit of Measure Total Beneficiaries To Date LMI Beneficiaries To Date National Objective (specify Low -Mod, Urgent Need or Slum and Blight) TOTALS FOR DCA USE;QNLY IF DISASTER GRANTS HAVE,MtyRE THAN iNl7M 1QNAL OBJECTIVE ENTER TOTAL FUNDS EXPENDED BY NATtOf+IAL OBJECTIVE' ��� N f v � � y LMI �G tau ,';n .'+ .. s: `, e .�u. ,' a , ° , 3 t ^Y r k. 4 aRw } 4' 2JRGENT NEE17 ;$�` 3 SLUM 4t�iD BLIGHT ors $ j b Use the space below to provide a narrative description of the current status of your project, including any extenuating circumstances that may delay.your project. Please refer to your Activity Work Plan to 2rovide this description. LL LL LL WO O 0 ♦— W w � W 00 as T m � v E n ro z C C E U LL U) K w ll_ } M Z �a C U m LL (] LPL U o CO W Z W m w c a m � F U a O d ¢ w:j d co .o z a m m O ! 0 N C .0 o N Q Ol `m � m root U >c�Z namar m4 U � N z � 1 of Uz U E v1 N vy } 4 II w II II it E m rom II ..UWU2u4i U O a # �wz i ..3 y '0 M c r� 2S Y N U C{� U •C .542 .�1 m � U �/ O V ° bow 4-1 g y m y�U' ��^ V •Z m W � -T a3mzaaaS 11 II II 11 II it II m V Li �o I. <h n m 2 P v FT~ N v R m x m -. m oo� ro c a C m m a m miT m Qo a m C 4 O b� m U c y b�E m o ti`euu O�L� O 3 y N Q N It II II N of O .� m l0 � E m 0 m C=Z C a012 m$ �fi N m y•E EL 0 C F� N 61 w r C N h G m C N Q+ V3 .� 0) ap 'm0 m q mO t C p t pp U Z O U U 7 o C 4 V 42 h a 9 a a a h h ro t m o E H c m" U N cC N otl N a6 N cC y C1 is .0 5 • �-5�1°1 m� m ms''3 dy m m�.'m mm m EmZ''3 my m mb� m 3i��� �. CgE��m a�5o� z (A 0 In y u] N z (7 U U7 CONTRACTUAL OBLIGATION & MBE INSTRUCTIONS (07.02) Follow the instructions below when completing the Contractual Obligations and MBE (CO/MBE) report. The form must be typed, checked for accuracy and submitted to the Department twice a year. The MBE report due dates are April 15 and October 15 annually. The form should report new contractual activity (do not report contracts that have previously been reported). Please make a note indicating "no activity' If there has been no new contract activity since the last report was submitted. (1) Request for Funds Number: Enter the RFF number for which this report is pertinent. (2) Page of : Number pages as needed; use additional forms if necessary. (3) Recipient: Enter complete name of recipient (include city or county with name). (4) Contract Number: Enter complete contract number. (5) Report Period (From/To): Enter beginning and ending dates for the contractual obligations being reported. These dates should coincide with the reporting dates on the Request For Funds form. (6) Form Prepared By: Enter name and phone number of the person responsible for the report. (7) Contractor/Subcontractor Name and Address: Enter this information for each firm receiving a contract or subcontract. Be sure to include a zip code. Only activities of $10,000 or more need to be reported unless contracts of $10,000 or less represent a significant portion of the total contracting activity. (8) Prime Contractor Identification Number: Enter Employer Identification Number (IRS) or Social Security number of the Prime Contractor as the identifier for each contract awarded from CDBG funds. (9) Subcontractor Identification Number: Enter Employer Identification Number (IRS) for the Subcontractor as the identifier for each contract awarded from CDBG funds. When a subcontractor ID or Social Security number is provided (where there is no IRS number), the Prime Contractor ID number must also be provided. If a subcontractor ID is placed in column 9, information in columns 10-18 must reflect subcontractor information rather than prime contractor information. Use the HUD labor Standards Handbook # 1344 (7-3) to determine whether or not a subcontractor is an employee. (10) Contract Period: (a) Start Date: Enter beginning date of contractual period. (b) End Date: Enter ending date of contractual period. (11) Amount of Contract/Subcontract: Enter dollar amount of contract. (12) Type of Trade: Enter the code (1,2 or 3) which best indicates the contractor/subcontractor service. If a subcontractor ID is provided in 9, the trade code would be for the subcontractor instead of the prime contractor. The "new construction" category (1) includes housing rehabilitation, water and sewer. The "other" category (3) includes supply, professional services and other activities except construction and education/training. (13) Contractor or Subcontractor Business Racial/Ethnic Code: Enter the code (1-7) for the racial/ethnic character of the owner(s) or controller(s) of 51 % or more of the business. If 51 % is not owned and controlled by a single racial/ethnic category, enter the most appropriate code. If a subcontractor ID is provided in 9, the trade code would apply to the subcontractor instead of the prime contractor. (14) Section 3: Enter "Yes" or "No" in column 15. "Yes" if Section 3 applies and "No" if Section 3 does not apply (see HUD Handbook 8023.1). (15) Women Business Enterprise (WBE): Enter "Yes" or "No" in column 16. "Yes" if it is a Women Business Enterprise and "No" if it is not. (16) Small Business: Enter "Yes" or "No" in column 17. "Yes" if it is a Small Business and "No" if it is not a Small Business. (17) Davis Bacon: Enter "Yes" or "No" in column 1. "Yes" if Davis Bacon applies and "No" if Davis Bacon does not apply. (18) Type of Procurement: Enter applicable acronym: CB = Competitive Bid SP = Small Purchase E = Emergency Purchase 0 = Other CN = Competitive Negotiation NC = Noncompetitive Negotiation (approved by DCA) ATTACHMENT "G" FLORIDA SMALL CITIES OR DISASTER RECOVERY CDBG CLOSEOUT (12.06) Closeout forms must be submitted to the Department of Community Affairs, Florida Small Cities CDBG or Disaster Recovery Program, within 45 days after the contract termination or expiration date. A Final Request for Funds should be submitted prior to, or with, the closeout since funds not requested will be deobligated at closeout. Closeout requirements can be found in Rule 9B-43.0051 (11), F.A.C. Instructions All grant recipients must complete Section I. Commercial Revitalization or Neighborhood Revitalization grant recipients must complete Section II. Recipients of Commercial Revitalization or Economic Development grants must complete the relevant portions of Section III, and Housing grant recipients must complete Section IV. All grant recipients must complete the Beneficiary Data form and the Status of Accomplishments and Expenditures form. The Closeout Approval form must be signed by the Chief Elected Official. Enter the information requested or circle the response. Section I. Contract Information Contract Number: Recipient: 2. Beginning Date: Local Contact: Indicate how the project was carried out (administration and construction Indicate how beneficiary data was collected: Grantee Employees Ending Date: Phone Number: 3. Enter the Census Tract(s) and/or Block Group(s) for service area(s):TCensus Tract(s) 4. If location of activities changed, is a map included? 5. Is a Property Management Register included? 6. If an infrastructure project, is an engineering certification included? 7 Is the Droiect located in a Historic District? 8._ Is the ro'ect located in a Presidentially Declared Disaster Area? 9. Is the project a Special Asse s sment activity? 10. Is the project a Brownfield Actives? _ _ 11. Did the local government provide the assistance (to Grant Loan the beneficiaries) in the form of a loan or arc rant. Contractors Both Survey Census---- .1 Block Group(s) Yes I Na Yes No �No Yes Yes Yes _ No Yes I No Yes . --- No__ Deferred, forgiveable loan 12. If a loan, indicate: Interest Rate Monthly Loan Amount 1% I$ Amortization Period in Months 13. List all other funds, along with the source, used to support the activities funded with this- rantJ Source Amount Local Funds (i.e., General Revenue) Grant(s) 0 Private Funds (i.e., Participating Party, 11 Loan(s) Other (Specify) project 1 14. Will the ro-ect result in program income? Program income earned but not expended Yes i No before closeout must be returned to DC4. Make check payable to the Department of ty _ Communi Affairs ._—. _------------4--.._�. _ .._ _ ., --------- h the Closeout_...-----CDBG Pro ram and include it with • If program income has already resulted, indicate amount: 15. Has a final Re.9uest for Funds been submitted? _ _ T _.. - _.1 Yes No — — --_ , cal_government have CDBG Funds on hand? (cannot exceed $5 AOO) ; If yes. $ _.. No. 16. Does the to Section IL Service, Benefit, Public Facility and Infrastructure (To be completed by Commercial Revitalization or Neighborhood Revitalization grant recipients) 1. Service or Benefit (i.e., Water and Sewer a. Number of persons with new access to this service or benefit b. Number of persons with improved access to this service or benefit . ........... c. Number of persons now receiving a service or benefit that is no longer substandard 2. Public or Infrastructure rovement Treatment Plant, Street Pavi , a. Number of persons with new access to this type of public facility or infrastructure improvement ........... b. Number of persons with improved access to this type if public facility or infrastructure improvement c. Number of persons served by public facility or infrastructure that is no longer substandard Section III. Commercial Revitalization or Economic Development *Recipients of Commercial Revitalization grants should only respond to Items with an asterisk (*). *Number of businesses assisted with commercial facade treatment _;N­u_m_be7of businesses n--e---s-s-'-e"s-"a"-s-'s-i-s assisted that goods or services to meet the needs of a service area, a neiqhborhood, or a communi Number of businesses assisted Number of new businesses assisted Number of existing businesses assisted Number of existing businesses expanding ~Number of existing sinesses relocating Number of full-time positions created Number of full-time positions retained Numberof f`u1_t_iM_low/mod positions created -l-_­e__" Number of full-time low/mod positions retained Number unemployed prior to taking jobs created by this activity Number of jobs with employer -sponsored health care benefits PA Section III. Commercial Revitalization or Economic Development (continued) — - - ------ -- ­1 . ..... Enter in the spa-ce-sbelo-w-t4e number of jobs created ._Py_type: — — -------- 1 Officials and Managers Sales operatives (semi -skilled) Professional Technicians (unskilled) Service workers Office and Clerical *For each business assis Business I ---- Business Business Business Business Business Business Section IV. Housing (To be completed by Housing Rehabilitation grant recipients) Craft workers (skilled) Laborers enter the business name and DUNS #: Number of houses rehabilitated Number of one -for -one replacements i Number of permanent displacements/ relocations Number of units occupied by the elderly Number of units made handicapped accessible .... ...... 1 Number of units quafii�Q­as`energy star" 1 Number of units brought into compliance with lead safety requirements If applicable, number of beds created in overnight shelter or emergency housing Did the activity involve rental housing? _iYes Did the project_ include: • Installinq security devices Yes No • Installing smoke detectors — ------ Yes I No Performing emergency !�gws _�oy5repairs Yes,:D�c i Providing ­§upplies and _equipment tor4Ap nl�ng­houses No Yes - Operating. a.-TqqlLqnclin Libra r Yes J_No All Housing _grant recipients must complete the Housing Benefit form (HB-12.,06) ...... 3 ... ....... ....... �o �6 44: m 0- 0, m CL 0 u C: 4>9- J8 CL NIH 0 14A- _br+l I -UT A& V'r El U.1 j Z1 W. co 271 =��UE I i I I i Ln Q) -- - ---- ----- a L i �v� ^ a� 'a CM .. jy .. u CL m �. ! j c j j •... a N I I � ^ I _ - -7 -�— --- -- f° I a LLJ �iC",d mo w veld I I to 0 0'4 c c� � o 1 th I !A .•,Ul a �..� I O Ch U I ; LL U. j ! I m 'a� a ca I m Ch E>> d � Gi i d I t%!w �o :6.i 0 ~ CO•� b Q V w l 0! p CL -W QlU c aj�' c ,p ol��al V ui Ili I i i I i I 7 I i ",I �! ! I I Q! i ! I I I I I I I I 1 I i *ki n- iO O ! 3 � a' 1 ofl al w j I I U. LD WI 11 m! E m !0. 12 a V) LA aj c c v a Iv •a = OI ac Ic c c m iv LI� 7 7 � �i ID � !w I Ln N A 0 u N .n o E 1 E z 1.O Q,C �p C) LU � nia (D a.;a I I ! ! p �O U Op m ica 0 w o i� u J i ia� Z C c ! is o ❑ $ IE ¢ a in la ip 0 o }' n Section V111. CLOSEOUT APPROVAL (12.06) I certify that, to the best of my knowledge, all activities undertaken by the Recipient with funds under this grant agreement have been carried out in accordance with the grant agreement, that proper provision has been made for the payment of all paid costs identified; that the State of Florida is under no obligation to make further payment to the Recipient under the grant agreement in excess of the amount identified on Line J of the STATUS OF ACCOMPLISHMENTS AND EXPENDITURES (12.06) form submitted with this closeout package; that every statement and amount set forth in this instrument is true and correct as of this date; that all required audits as of this date have been submitted and approved; and I acknowledge that the DCA reserves the right to recover any disallowed costs identified in an audit completed after this closeout. Chief Elected Official Signature Name and Title Date For DCA use only: Approval of this Closeout Package authorizes the deobligation of unexpended CDBG contract funds in the amount of $ Division of Housing and Community Development DCA Finance and Accounting Section Name and Title Date Name and Title Date EXHIBIT "B" FEDERAL GRANT DEPARTMENT OF HOUSNG AND URBAN DEVELOPMENT (HUD) BOILER PLATE FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS 2005 CDBG Disaster Recovery Initiative H:\Boiler Plate 2007.DCAdoc.doc 4/13/2007 TABLE OF CONTENTS Supplementary Conditions.....................................................................2 RequiredDocuments.............................................................................3 Special Requirements of Broward County CDBG Projects ........................ .4-5 Certification of Fiscal Year 1988 Restrictions .........to Foreign Countries ....... 6-7 Certification of Bidder Regarding Equal Employment Opportunity ................... 8 Certification By Proposed Subcontractor regarding Equal Employment ....... 9 Section 3 Requirements.................................................................. 10-11 Bidders Initial Section 3 Goals................................................................. 12 Broward County Section 3 Form. ............................ ................................ 13 Monthly Section 3 Compliance Report ......................................................14 Section 3 Eligible Jobs Availability Form...................................................15 Section 3 Unavailability Certification.........................................................16 M/WBE Women/Minority Business Enterprise Notice..................................17 M/WBE Certification Requirements.........................................................18 Requirements for Contracts with M/WBE goals... ........ ....................... 18-22 Bidders M/WBE Response Sheet............................................................23 Insert M/WBE Goals or Sheltered Market Documentation...... ....................... 24 Florida Statutes...............................................................................25-26 Notice to Prospective Subcontractors.......................................................27 Certification regarding prime contractor debarment.....................................28 Certification regarding sub -contractor debarment........................................29 Notice to Labor Unions/non-discrimination in employment ............................30 Labor Requirements.............................................................................31 29 CFR 1.6 —Use and Effectiveness of wage determinations ....................32-34 Wage Determinations Assigned...............................................................35 Appendix I — Federal Labor Standards Provisions...................................36-39 Appendix II — Certified Payroll and Statement of Compliance...................40 a, b SampleProject Sign............................................................................41 HABoiler Plate 2007.DCAdoc.doc Page 1 of 41 Revised: 4/13/2007 SUPPLEMENTARY CONDITIONS I. FEDERAL GRANTS PROJECTS: 1.1 By virtue of the fact that funding of this project will be delivered in full or in part from the United States government through: COMMUNITY DEVELOPMENT/HUD and referred Hereto As (Federal Agency) NO. B-94-UC-12-00001 Federal assurances must follow the grant application in addition to any and all supervening assurances set forth in Rules and Regulations published in the Federal Register or CFR. 1.2 Clauses, terms or conditions required by federal grantor agency are hereby attached and made a part of this Project Manual. HABoiler Plate 2007.DCAdoc.doc Page 2 of 41 Revised: 4/13/2007 REQUIRED DOCUMENTS THE FOLLOWING DOCUMENTS SHALL BE COMPLETED AND SUBMITTED WITH THE BID IN ORDER FOR THE BIDDER TO BE CONSIDERED RESPONSIVE: 1. ELIGIBLE JOBS AVAILABILITY FORM or UNAVAILABILITY CERTIFICATION, Pages Nos.15 or 16 respectively. 2. BIDDER'S INITIAL SECTION 3 GOALS, Page No.12. THE FOLLOWING DOCUMENTS MUST BE COMPLETED AND SUBMITTED PRIOR TO AWARD OF CONTRACT: 1. Certification of F. Y. 1988 Restrictions on the Award of Certain Contracts and Subcontractors to Foreign Countries, Pages 6 through 7. 2. Certification of Bidder Regarding Equal Employment Opportunities, (EEO) Page 8. 3. Certification of Proposed Subcontractor Regarding Equal Employment Opportunities (EEO), Page 9. 4, Broward County Section 3 Form, Page 13 5. Certification of Non -Segregated Facilities, Page 27. 6. Notice to Labor Unions or other organizations of Workers Nondiscrimination In employment, Page 28. Note: Where there is a conflict between COUNTY requirements set forth in the Contract Documents and a more stringent State or Federal requirements which is set forth in the Supplementary Conditions Section, the more stringent requiremenrts shall prevail. HABoiler Plate 2007.DCAdoc.doc Page 3 of 41 Revised: 4/13/2007 SPECIAL REQUIREMENTS OF BROWARD COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS 1) On the 11 th day of October, 1983, the Board of County Commissioners passed a Resolution approving concept of First -Source Hiring as a method to induce contractors who receive bid awards under the Emergency Jobs Bill and other Community Development Block Grant Programs, to hire unemployed residents of Broward County. The funds made available for work to be performed under this contract authorized by Public Law 98-8, commonly known as the Jobs Bill, require that these funds be obligated and disbursed as rapidly as possible so as to quickly assist the unemployed and the needy. These funds should be used to maximize the immediate creation of new employment opportunities to individuals who are unemployed at least fifteen (15) weeks out of the last twenty-six (26) weeks. 2) Prime and Subcontract Awards are crucial to the achievement of the success of this program. Therefore, the Prime Contractor shall, and shall require each subcontractor, to fulfill the County requirements by accepting referrals and interviewing eligible laborers and/or trainees as outlined in paragraph (4) below. These eligible laborers and trainees shall fill entry-level positions in the contractor's construction work force and be provided with meaningful training in order to increase the likelihood that they be absorbed into the permanent work force upon completion of the project if the contractor has entry-level positions available. 3) For bidders to be responsive each must submit with their bids the"Eligible Jobs Availability Form" (page 15) or the "'Unavailability Certification" (page 161 and the _ - - - Bidder's Initial Section 3 Goals (page 12). No forms will be accepted after the bid due time. No exceptions. 4) If the successful bidder has eligible job vacancies available, it is the bidder's responsibility to contact Workforce One at least two (2) weeks before the commencement of construction in order to obtain job recruitment referrals. 5) To obtain a list of job recruitment referrals the contractor shall contact: Workforce One, 2610 W. Oakland Park Boulevard, Fort Lauderdale, Florida 33311. Telephone (954) 677-5627. 6) In the event of the occurrence of any vacancy of eligible job positions at any time during the project, the contractor shall immediately contact Workforce One for new referrals in order to fill those vacancies. 7) In the event that Workforce One is unable to provide referrals in a timely manner, upon notification from the contractor, the contractor shall immediately notify the County who shall provide the contractor with a contact name at the Florida State Employment Service. 8) Contractor shall refer all entry-level job applicants contacting him directly to Workforce One for determination for their eligibility. 9) Contractor may obtain from Workforce One or the Community Development Division information regarding wage subsidies and tax credits as related to the employment to HABoiler Plate 2007.DCAdoc.doc Page 4 of 41 Revised: 4/13/2007 low income persons and residences of enterprise zones. 10) Contractor shall include, or cause to be included, in all subcontracts covering any of the work covered by this contract, the requirements applicable to the Contractor and appearing herein. The requirements for subcontractors only apply to labor and installation subcontracts and exclude materials and supplies subcontracts. 12) Nothing herein shall be construed to require a Prime Contractor to award a subcontract bid if it is not the lowest responsive bid. 13) Nothing herein shall be construed to indicate that a higher level of Jobs Bill Involvement will give the bidder the right of award over other bidders who have agreed to accept referrals form Workforce One. However, when all elements of a bid are substantially equal, the number of entry-level positions available may be used to break ties. 14) DEFINITIONS a. Laborer: Includes at least those workers whose duties are manual or physical in nature, including those workers who use tools or who are performing the work of trade b.Trainee: Includes a person registered and receiving on-the-job training in a construction occupation under a program which has been approved in advance by the United States Department of Labor and Employment Training Administration as meeting its standards for the on-the-job training programs which have been certified by that Administration. HABoiler Plate 2007.DCAdoc.doe Page 5 of 41 Revised: 4/13/2007 CERTIFICATION OF FISCAL YEAR 1988 RESTRICTIONS ON THE AWARD OF CERTAIN CONTRACTS AND SUB -CONTRACTS TO FOREIGN COUNTRIES This certification is to verify that the offeror 1) is not a contractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S. Trade Representative (USTR); 2) has not or will not enter into any subcontract with a subcontractor or a foreign country included on the USTR list, and 3) will not provide any product of a country included on the USTR list. These prohibitions also apply to certain products used in these activities, such as affixed equipment, electronics, utilities, and instruments. Grantees or subgrantees recipients entering into contract for construction, alteration, or repair of any public building or public work project subject to the prohibitions described in this Notice shall include the following provision in all such contracts: Restriction on Public Building and Public Works Projects. Definitions. "Component" as used in this clause, means those articles, materials, and supplies incorporated directly into the product. "Product", as used in this clause, means construction materials - i.e. articles, materials, and supplies brought to the construction site for incorporation into the public works project, including permanently affixed equipment, instruments, utilities, electronic or other devices, but not including vehicles or construction equipment. In determining the origin of a product BROWARD COUNTY will consider a product as product as produced in a foreign country if it has been assembled or manufactured in the foreign country, or if the cost of the components mine, produced, or manufactured in the foreign country exceed 50 percent of the cost of all its components. "Contractor or subcontractor of a foreign country", as used in this clause, means any contractor or subcontractor that is a citizen or national of a foreign country or is controlled directly or indirectly by citizens or nationals of a foreign country. A contractor or subcontractor shall be considered to be a citizen or national of a foreign country, or controlled directly or indirectly by citizens or nationals of a foreign country: 1. If 50 percent or more of the contractor or subcontractor is owned by a citizen or national of the foreign country; 2. If the title of 50 percent or more of the stock of the contractor or subcontractor is held subject to trust or fiduciary obligation in favor of citizens or nationals of the foreign country; HABoiler Plate 2007.DCAdoc.doc Page 6 of 41 Revised: 4/13/2007 3. If 50 percent of more of the voting power in the Contractor or subcontractor is vested in or exercisable on behalf of a citizen or national of the foreign country. 4. In the case or partnership, if any general partner is a citizen of the foreign country; 5. In the case of a corporation, if its president or other chief executive officer or the chairman or its board of directors is a citizen of the foreign country or the majority of any number of its directors necessary to constitute a quorum are citizen of the foreign country or the corporation is organized under the laws of the foreign country or any subdivision, territory, or possession thereof; or 6. In the case of a contractor or subcontractor who is a joint venture, if any participation firm is a citizen or national of a foreign country or meets any of the criteria in subparagraphs (a) (1) through (5) of this clause. M Restrictions The Contractor shall not (1) knowingly enter into any subcontract under this contract with a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firm published by the United States Trade Representation (See Paragraph (c) of this clause), or (2) supply any product under this contract of a country included on the list of foreign countries that discriminate against U.S. forms published by the USTR. c USTR List The USTR published a list in the Federal Register in accordance with section 109(c) of publication L 100-202 where countries can be added or deleted. (d) Certification The Contractor may rely upon the certification of a prospective subcontractor that is not a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR and that products supplied by such subcontractor for use on the Federal public works project under this contractor are not products of a foreign country included on the list of foreign countries that discriminate against U.S. firms published by the USTR, unless such Contractor has knowledge that the certification is erroneous. (e) Subcontracts The Contractor shall incorporate this clause, modified only for the purpose of property Contractor Date HABoiler Plate 2007.DCAdoc.doc Page 7 of 41 Revised: 4/13/2007 CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bids or prospective contractor, or any of their proposed subcontractors, should state as an initial part of the bid or negotiations of the contract whether he has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the Certification indicates that the apparent successful bidder has not filed a compliance report due under applicable instructions, bidder shall submit a compliance report prior to award. NO CONTRACT SHALL BE AWARDED UNLESS SUCH REPORT IS SUBMITTED. CERTIFICATION BY BIDDER BIDDER'S NAME: ADDRESS: 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes No _ 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes No 3. Bidder has filed all compliance reports due under applicable instructions, including SF.100. Yes No If answer to item 3 is "No", please explain in detail on reverse side of this certification. Certification - The information above is true and complete to the best of my knowledge and belief. Signature Date HABoiler Plate 2007.DCAdoc.doc Page 8 of 41 Revised: 4/13/2007 CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY Name of Prime Contractor Project No. /Project Name This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bids of prospective contractor, or any of their proposed subcontractors, should state as an initial part of the bid or negotiations of the contract whether he has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the Certification indicates that the apparent successful bidder has not filed a compliance report due under applicable instructions, bidder shall submit a compliance report prior to award. NO CONTRACT SHALL BE AWARDED UNLESS SUCH REPORT IS SUBMITTED. SUBCONTRACTOR'S CERTIFICATION SUBCONTRACTOR'S NAME: FA010JV;&&3 Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes No 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes No 3. Bidder has filed all compliance reports due under applicable instructions, including SF.100. Yes No 4. If answer to item is "No", please explain in detail on reverse side of this certification. Certification — The information above is true and complete to the best of my knowledge and belief. Name and Title of Signer (please print) Signature Date HABoiler Plate 2007.DCAdoc.doc Page 9 of 41 Revised: 4/13/2007 SECTION 3 REQUIREMENTS I. ASSURANCE STATEMENT Each applicant, recipient, contractor, and subcontractor on a Section 3 covered project shall sign the attached Section 3 Assurance of Compliance. II. AFFIRMATIVE ACTION PLAN for UTILIZATION OF PROJECT AREA BUSINESS Each applicant, recipient, contractor, and subcontractor preparing to undertake work pursuant to a Section 3 covered contract shall develop and implement an affirmative action plan, which shall: (a) Set forth the approximate number and dollar value of all contracts proposed to be awarded to all businesses within each category (type or profession) over the duration of the Section 3 covered project. (b) Analyze the information set forth in paragraph (a) and the availability of eligible business concerns within the project area doing business in professions or occupations identified as needed in paragraph (a) and set forth a goal or target number and estimated dollar amount to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. (c) Outline the anticipated program to be used to achieve the foals for each business and/or professional category identified. This program should include but not be limited to the following actions: (1) Insertion in bid documents, if any, of the affirmative action plan of the applicant, recipient, contractor, or subcontractor letting the contract; and (2) Identification within the bid documents, if any, of the applicable Section 3 project area. (3) Ensuring that the appropriate business concerns are notified of pending Contractual opportunities either personally or through locally utilized media. (See attached Section 135.70 excerpt). HABoiler Plate 2007.DCAdoc.doc Page 10 of 41 Revised: 4/13/2007 III. BIDDING AND NEGOTIATION REQUIREMENTS Every applicant and recipient shall require prospective contractors for work in connection with Section.3 covered projects to provide, prior to the signing of the contract, a preliminary statement of work force needs (skilled, semi- skilled, unskilled labor and trainees by category) where known, where not known, such information shall be supplied prior to the signing of any contract between contractors and their subcontractors. Consideration should be given to those contractors who will have training and employment opportunities for project area residents. When a bidding procedure is used to let the contract, the invitation or Solicitation for bids shall advise prospective contractors of the requirements of these regulations. Plan for utilization of project area business should be inserted in the bid documents by applicant, recipient and contractors. The recipient must have indicated therein that Section 3 applies to the project and what is expected of them. All contractors who bid a job must show in their bid what they will do to implement Section 3. They must in the bid commit themselves to a goal and show what they intend to do to reach that goal. When the bids are opened, they must be evaluated in terms of the bidders' responsiveness to Section 3. A bid which lacks a commitment to Section 3 or which lacks a goal or plan to reach a goal may be judged nonresponsive. Applicants, recipients and contractors will ensure that the attached Section 3 Clause and Assurance of Compliance are made a part of all contracts. In implementing its affirmative action plan, each applicant, recipient, contractor, or subcontractor shall make a good faith effort to achieve its goal or target number and estimated dollar amount of contracts to be awarded to the eligible business and entrepreneurs within category over the duration of the Section 3 covered project. IV. UTILIZATION OF LOWER INCOME RESIDENTS AS TRAINEES & EMPLOYEES Each applicant, recipient, contractor or subcontractor undertaking work in connection with a Section 3 covered project shall make a good faith effort to fill all vacant training and occupational category positions with lower income project area residents. H:1Boiler Plate 2007.DCAdoc.doc Page 11 of 41 Revised: 4/13/2007 BIDDER'S INITIAL SECTION 3 GOALS 1. The Bidder agrees to comply with Section 3 of the Housing and Urban Development Act of 1968. 2. The Bidder estimates that there will be new employees hired during the performance of this contract. Furthermore, should this contract be let to the Bidder, the Bidder agrees to delineate work force needs (skilled, semi -skilled, unskilled, labor and trainees) by category. 3. Of these new employees, the Bidder plans to hire at least % (percent) from the Section 3 Covered Area (Broward County). I, (please print), as an Authorized Officer of the Bidder, do hereby acknowledge that we are aware of the requirements under Section 3 of the Housing and Urban Development Act of 1968 and will abide by them. We further agree to abide by this Affirmative Action Plan to the greatest extent feasible and realize that should we be awarded the contract, Broward County Community Development Division will monitor the project to assure compliance with this plan. Date Employer Federal ID # Signature Company Name H:1Boiler Plate 2007.DCAdoc.doc Page 12 of 41 Revised: 4/13/2007 BROWARD COUNTY SECTION 3 FORM Name of Project: Amount of Contract: $ Prime Contractor: Address: Will you hire new employees as a result of this contract? Yes [ ] No[ ] Background: Section 3 of the Housing and Community Development ct of 1968, as amended, requires that when employment or contract opportunities are generated because of a project or activity undertaken by a recipient or HUD financial assistance necessitates the employment of additional personnel through individual hiring or the awarding of contracts for the work, the recipient must give preference in hiring low and very low-income persons. Section 3 requires that recipients not only include low and very low-income persons in their recruitment and solicitation efforts, but that, in fact, extra or greater efforts be undertaken to these persons aware of the existence of economic opportunities, encourage their application for these opportunities, and facilitate the employment or, or award of contract to these persons. A Section 3 resident is defined as: • A public housing resident: or • An individual who resides in the metropolitan county in which the Section 3 covered assistance is expended and who is: (1) a low-income person; or (ii) a very low-income person Check all that apply (you must check at least one (1) of the following): Refer to the Income Limits Chart for Broward County below to determine if your total household income is at or below the low-income limit depending upon the total number f persons residing in the household. ❑ Your business is at least 51 % or more owned by Section 3 residents. ❑ At least 30% of your permanent, full-time workforce employees are comprises of current Section 3 residents. ❑ At least 30% of your permanent, full-time workforce employees who within the 3 years of employment with your business were Section 3 residents. ❑ Your business will provide evidence of a commitment to subcontract in excess of 25% of the dollar award of all subcontractors to be awarded to businesses which meet the above qualifications. ❑ My business does not meet any of the above qualifications and I cannot commit to subcontract in excess of 25% of the dollar award of all subcontractors to be awarded to businesses which do meet the above qualifications. 2007 CDBG INCOME LIMITS FOR BROWARD COUNTY, FLORIDA Family Size 1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person Very Low Income $21,500 $24,550 $27,650 $30,700 $33,150 $35,600 $38,050 $40,500 Low Income $34,350 $39,300 $44,200 $49,100 $53,050 $56,950 $60,900 $64,800 H:1Boiler Plate 2007.doc Page 13 of 39 Revised: 4/18/2007 MONTHLY SECTION 3 COMPLIANCE REPORT I:91•rm111:�s1Eda1030 SUBCONTRACTOR: (If applicable) PROJECT NAME: for the MONTH of , Year This report is required of al contractors/subcontractors having contracts which are funded whole or in part with Community Development Block Grant funds. This report must be submitted to the Broward County Community Development Division no lather than ten (10) days after the end if the reported month. Please answer the following questions accurately and completely: 1. How many new employees were hired to work on this project during the month? 2. Of those hired during the month, how many were residents of the Section 3 Covered Area (Broward County)? I, (please print), do hereby certify that the above information is true and correct. I further certify that we have been informed of and understand our responsibilities in utilizing Section 3 Covered Area businesses and residents during performance of our contract. Date SECTION 3 Signature & Title HABoiler Plate 2007.DCAdoc.doc Page 14 of 41 Revised: 4/13/2007 ELIGIBLE JOBS AVAILABILITY FORM (Name of Contractor) (Contract No.) (Location) Available Entry Level Jobs Salary Maximum Duration of Employment The undersigned agrees to accept referrals from Workforce One and to interview referrals for the above -designated positions. (If incorporated sign here) ATTEST Secretary (CORPORATE SEAL) (If not incorporated sign here) WITNESSES: SECTION 3 CONTRACTOR t CONTRACTOR M HABoiler Plate 2007.DCAdoc.doc Page 15 of 41 Revised: 4/13/2007 I of UNAVAILABILITY CERTIFICATION (Prime Contractor) (Title) Certify that the undersigned does not have any entry-level jobs available. However, should such jobs become available during the project period, the undersigned agrees to accept referrals from Workforce One to interview these referrals for the available positions. (If incorporated sign here) ATTEST CONTRACTOR M Secretary (CORPORATE SEAL) (If not incorporated sign here) WITNESSES: CONTRACTOR M *** ATTENTION BIDDERS *** H:1Boiler Plate. 2007.DCAdoc.doc Page 16 of 41 Revised: 4/13/2007 MINORITY/WOMEN BUSINESS ENTERPRISE (M/WBE) NOTICE A Bidder, to be considered RESPONSIBLE, must comply with the requirements set forth below and the requirements set forth in the M/WBE section of this Invitation for Bid. If a Bidder fails to comply with the stated requirements, the Bidder shall be NONRESPONSIBLE and the bid shall be rejected. To be considered RESPONSIBLE, a Bidder must submit the following form(s) PRIOR TO AWARD. ** IF YOU HAVE MET ALL OF THE M/WBE GOALS FOR THE BASE BID EXCLUSIVE OF ALTERNATE BID ITEMS, IF ANY, YOU MUST SUBMIT THE FOLLOWING FORM: A SCHEDULE OF M/WBE PARTICIPATION (FORM 2004-2) The Schedule of M/WBE participation should address ALL identified classifications of M/WBE participation. ** IF YOU HAVE PARTIALLY MET THE M/WBE GOALS FOR THE BASE BID EXCLUSIVE OF ALTERNATE BID ITEMS, IF ANY, YOU MUST SUBMIT THE FOLLOWING FORMS: • A SCHEDULE OF M/WBE PARTICIPATION (FORM 2004-2) • A SCHEDULE OF M/WBE UNAVAILABILITY FORM (FORM 2004-3) If you have failed to satisfy all of the M/WBE goals, but have some participation, you must submit TWO forms. The Schedule of M/WBE Participation should include all contractors that you have contracted with but were not able to participate in the Contract. Each form should address the appropriate classification of M/WBE. For example, if you have satisfied M/WBE goals for minority contractors, and you did not get any participation from women contractors, you should submit a Schedule of M/WBE Participation for the minority contractors and a Schedule of M/WBE Unavailability listing all of the women contractors you contacted to participate. If the Schedule of M/WBE Participation lists ALL M/WBE classifications, but represents less than the goals, you should submit the Schedule of M/WBE Unavailability listing other M/WBE contractors contacted. ** IF YOU HAVE NO M/WBE PARTICIPATION FOR THE BASE BID EXCLUSIVE OF ALTERNATE BID ITEMS, IF ANY, YOU MUST SUBMIT THE FOLLOWING FORM: • A SCHEDULE OF M/WBE UNAVAILIBILITY (FORM 2004-3) H:\Boiler Plate 2007.DCAdoc.doc Page 17 of 41 Revised: 4/13/2007 The Schedule of M/WBE Unavailability should address ALL classification of M/WBE's. This form should be used when you have solicited M/WBE participation for the Contract, but were unsuccessful in obtaining M/WBE participation. You should list all M/WBE contractors that were contacted, or attempts made by you to solicit M/WBE contractors. M/WBE CERTIFICATION: Each M/WBE must be certified as an M/WBE by the Division of Equal Employment and the Small Business Opportunity. Any M/WBE that does not have an M/WBE Certification on file with the Division of Equal Employment and Small Business Development Division must file an application for certification. Uncertified M/WBE's and M/WBE's that fail to file an application for certification shall not be included in the review and determination as to whether a Bidder has satisfied the M/WBE goals. REQUIREMENTS FOR CONTRACTS WITH M/WBE GOALS 1. M/WBE prime and subcontract awards and minority -majority ventures are crucial to the achievement of M/WBE goals. Therefore, goals of participation by M/WBE firms have been set for the Project as set forth on the Deviation page. 2. All Bidders, to be responsible, must submit all forms required by the SDBD (Small Development Business Division) prior to award in order to document compliance with the goals set forth for this Project. The forms submitted shall only address the base bid exclusive of any alternate bid item(s), if any. M/WBE participation for alternate bid item(s), if any, shall be addressed after bid opening pursuant to Section 10/5 hereof. 3. Bidders may submit revised Schedules of M/WBE Participation upon approval of the Division of Equal Employment and Small Business Opportunity. Any change prior award shall only involve the utilization of M/WBE contractors certified by the Division of Equal Employment and Small Business Development Division. 4. All Bidders submitting an M/WBE Unavailability Certification must be able to demonstrate through proper documentation their reasonable efforts to meet the goal if they wish to remain eligible for award. Reasonable efforts as determined by the Division of Equal Employment and Small Business Opportunity to meet the M/WBE Contract goals may include, but are not limited, to: 4.1 Attendance at any scheduled prebid meeting concerning M/WBE participation. 4.2 Timely advertisement in general circulation media, trade association publications, and minority -focus media. 4.3 Timely notification of minority business or contractor groups and associations of solicitation for specific sub -bids. 4.4 Proof of written solicitations to M/WBE firms. HABoiler Plate 2007.DCAdoc.doc Page 18 of 41 Revised: 4/13/2007 4.5 Efforts to select portions of the work proposed to be performed by M/WBE in order to increase the likelihood of achieving the stated goal. 4.6 Efforts to provide M/WBE's that need assistance in obtaining bonding or insurance required by the Bidder or COUNTY. 4.7 A report submitted by the Bidder to the Division of Equal Employment and Small Business Development Division prior to the award explaining the Bidder's efforts to obtain M/WBE participation. The report shall include the following: 4.7.1 A detailed statement of the timely efforts made to negotiate with M/WBE's including at a minimum the names, addresses, and telephone numbers of M/WBE's who were invited to bid or otherwise contacted; a description of the information provided to M/WBE regarding the plans and specifications for portions of the work to be performed; and a detailed statement of the reasons why additional agreements with M/WBE, if needed to meet the stated goal, were not reached. 4.7.2 A detailed statement of the efforts made to select portions of the work proposed to be performed by M/WBE in order to increase the likelihood of achieving the stated goal. 4.7.3 As to each M/WBE which bids on a Subcontract but which the Bidder considers to be unqualified, a detailed statement of the reasons for the Bidders conclusion must be provided. 4.7.4 As to each M/WBE invited to bid, but which the Bidder Considers to be unavailable because of lack of bid response or the submission of a bid which was not the low responsive bid, an Unavailability Certificate signed by the Bidder must be provided. 5. A Letter of Intent to perform as a Subcontractor executed by each M/WBE Subcontractor listed on the Schedule of M/WBE Participation must be submitted to the Division of Equal Employment and Small Business Opportunity prior to award. The Letter of Intent form may be obtained at the Division of Equal Employment and Small Business Opportunity. The information contained within the Letter of Intent and the information contained within the M/WBE Participation Schedule should be the same as to content. 6. Each M/WBE listed on the Schedule of M/WBE Participation must be certified as an M/WBE in order to be eligible for award. Any M/WBE which does not already have an M/WBE Identification Affidavit certifying their M/WBE status on file with the Division of Equal Employment and Small Business Opportunity must file an application for certification at least ten (10) calendar days prior to bid opening in order to allow the HABoiler Plate 2007.DCAdoc.doc Page 19 of 41 Revised: 4/13/2007 Division of Equal Employment and small business opportunity sufficient time to complete the certification process prior to award. In the event that the M/WBE is not certified by the Division of Equal Opportunity and Small Business Opportunity, the Bidder must select a M/WBE firm from the directory maintained by the Division of Equal Employment and Small Business Opportunity (www.broward.org/smalibusiness firms directory) or file with that office an M/WBE Unavailability Certificate, within ten (.10) calendar days from receipt of notice of non -certification. A Joint Venture Eligibility Application (if the Bidder is a Joint Venture with an M/WBE participant) must be submitted to the Division of Equal Employment and Small Business Opportunity prior to the award. The Joint Venture Eligibility application may be obtained at the Division of Equal Employment and Small Business Opportunity. 7. These Contract Documents may include additional terms and conditions required by federal or state grantor agencies. In the event of any discrepancy between the grantor agency's SDBE policies or programs the more stringent policy (for example, the program with higher goals) shall aPPly- 8. A responsive low bid of a Bidder, who is otherwise responsible, will not be rejected because either or both of the M/WBE goals cannot be met, if the Bidder complies with the requirements set forth within Section 4 above. 9. The degree of M/WBE participation shall be calculated as follows: a. A joint venture, consisting of minority and majority business Enterprises functioning as a prime contractor will be credited with minority participation on the basis of percentage of profit to accrue to the M/WBE. [For example, if a minority -majority joint venture proposed to perform fifty percent (50%) of a project quoted at $500,000.00 and fifth percent (50%)of the profits to accrue to the minority partner in the joint, minority participation will be credited as twenty-five percent (25%) of the work of $125,000.00.] b. M/WBE prime contractors will be credited with minority participation for that portion of the Contract which they perform and that portion contracted to M/WBE firms. [For example, if an M/WBE contractor proposed to perform fifty percent (50%) of a project quoted at $500,000.00 and subcontracts twenty-five percent (25%) to a majority firm and twenty-five percent (25%) to an M/WBE firm, minority participation will be credited at seventy-five percent (75%) or $375,000,00] Bidder shall indicate percentages on the Schedule of M/WBE Participation. c. The Bidder may count toward its M/WBE goals expenditures for materials and supplies obtained from M/WBE suppliers and manufacturers, provided that the M/WBE assume the actual and contractual responsibility for the provision of the materials and supplies. d. The dollar amount of participation of a firm owned by minority women may be applied to either the female goal of the minority goals, H:1Boiler Plate 2007.DCAdoc.doc Page 20 of 41 Revised: 4/13/2007 but not to both. e. Certain projects may include alternate bid item(s) for which a Bidder is required to submit a bid and for which COUNTY reserves the right to award after bid opening. In such instances that COUNTY chooses to exercise the right to award alternate bid item(s), M/WBE goals shall apply to the alternate bid item(s) to be awarded. Prior to award, the successful Bidder shall submit to COUNTY all forms required by the M/WBE Notice as applicable to the alternate bid item(s) to be awarded. Failure to submit the required forms shall result in the Bidder being deemed nonresponsible and the bid shall be rejected. f. COUNTY shall review each proposed Change Order that, by Itself or aggregated with previous Change Order requests, increases the Contract Price by ten percent (10%) of the initial Contract Price or Fifty Thousand Dollars ($50,000.00), whichever is less, for opportunities to include or increase participation of M/WBE's already involved in the Contract. The successful. Bidder shall demonstrate that it makes good faith efforts to include M/WBE participation in Change Order work and shall report such efforts to the Division of Equal Employment and Small Business Opportunity. 10. On -site reviews to monitor the successful Bidder's progress in achieving and maintaining contractual M/WBE obligations will be carried out by the Contract Administrator in conjunction with the Division of Equal Employment and Small Business Opportunity. 11. The successful Bidder agrees to enter into a formal contract with the M/WBE contractors which are listed on the Schedule of M/WBE Participation upon execution of the contract with the COUNTY. 12. The successful Bidder shall be required to submit bi-monthly reports to the Contract Administrator with the pay request on a form which may be obtained at the Division of Equal Employment and Small Business Opportunity regarding compliance with M/WBE regulations. In addition, the successful Bidder must inform COUNTY immediately when an M/WBE Subcontractor is not able to perform. If the successful Bidder is unable to substitute the unavailable M/WBE with another certified M/WBE, the actual substitution of a non-M/WBE subcontractor may not occur until the Division of Equal Employment and Small Business Opportunity has verified the good faith efforts of the successful Bidder to substitute the unavailable M/WBE with another certified M/WBE. 13. Nothing herein shall be construed to require a Bidder to award a subcontract to an M/WBE if it is not the lowest responsive, responsible bid. 14. Nothing herein shall be construed to indicate that a higher level of M/WBE involvement above the stated goal in a solicitation will give the Bidder the right to award over other Bidders who have met the M/WBE goal or fully justified that they had made all reasonable efforts to do so. HABoiler Plate 2007.DCAdoc.doc Page 21 of 41 Revised: 4/13/2007 15. Division of Equal Employment and Small Business Opportunity of COUNTY maintains a directory of M/WBE's which is available to all Bidders. 16. Any Bidder of this Contract shall be prohibited from entering into any agreement with an M/WBE whereby the M/WBE cannot offer its services to other Bidders on this Project. 17. COUNTY encourages the successful Bidder to use minority owned -and - operated banks. 18. DEFINITIONS AND M/WBE QUALIFICATIONS: Applicable definitions and M/WBE qualifications shall be as provided by COUNTY ordinance and administrative regulations, as amended from time to time, and shall be available through the Division of Equal Employment and Small Business Opportunity. 19. Where minority goals are applicable or if a minority firm directory is needed visit the website below: Small Business Division Website: http://www.browar_d.org.smallbusiness Small Business Division address: Small Business Division phone: 115 S. Andrews Avenue. Room A640 (annex) Ft. Lauderdale, FL 33301 (954) 357-6400 Fax: (954) 357-6010 HABoiler Plate 2007.DCAdoc.doc Revised: 4/13/2007 Page 22 of 41 BIDDERS M/WBE RESPONSE SHEET TE: THIS FORM SHOULD BE COMPLETED BY THE BIDDER AND RETURNED WITH THE BID AND SCHEDULES(S) OF M/WBE PARTICIPATION AND/OR UNAVAILABILITY. ALL CATEGORIES OF M/WBE CONTRACTORS MUST BE ADDRESSED. Please check appropriate boxes: AS IAN AFRICAN HISPANIC PACIFIC NATIVE OTHER WOMEN AMERICANS AMERICANS AMERICANS AMERICANS GROUPS' ALL M/WBE GOALS [ ] [ ] C ] C ] C ] [ ] HAVE BFJW NET • Submit Schedule of MNVBE Partici- pation M/WBE GOALS HAVE BEEN PARTIALLY NET C ] [] [] [ ] [ ] [] • Submit Schedule of MNVBE Participation and • Submit Schedule of M/WBE Unavailability NO M/WBE GOALS HAVE SEEN MET [ ] [ ] [ ] [ ] [ ] [ ] • Submit Schedule of M/WBE Unavailability *"OTHER GROUPS", if any, shall include those M/WBE groups not specifically named above, but required to be addressed as noted on the Deviation page. Signature: Date Title: H:\Boiler Plate 2007.DCAdoc.doc Page 23 of 41 Revised: 4/13/2007 INSERT M/WBE GOALS m Sheltered Market Documentation HABoiler Plate 2007.DCAdoc.doc Page 24 of 41 Revised: 4/13/2007 INSERT M/WBE GOALS or Sheltered Market Documentation HABoiler Plate 2007.DCAdoc.doc Page 24 of 41 Revised: 4/13/2007 FLORIDA STATUTES Title XLI Statute of Frauds, Fraudulent Transfers, And General Assignments Chapter 725 Unenforceable Contracts View Entire Chapter 725.06 Construction contracts; limitation on indemnification Any portion of any agreement or contract for or in connection with, or and guarantees of or in connection with, any construction, alteration, repair, or demolition of a building, structure , appurtenance, or appliance, including moving and excavating associated therewith, between an owner of real property and an architect, engineer, 9eneral contractor, subcontractor, sub - subcontractor, or materialman or an combination thereof wherein any party referred to herein promises to indemnify or hold harmless the other party to the agreement, contract , or guarantee for liability for damages to persons or property caused in whole or in part by any act, omission, or default of the indemnitee arising from the contract or its performance, shall be void and unenforceable unless the contract contains a monetary limitation on the extent of the indemnification that hears a reasonable commercial relationship to the contract and is part of the project specifications or bid documents, if any. Notwithstanding the foregoing, the monetary limitation on the extent of the indemnification provided to the owner of real property by any party in privity of contract with such owner shall not be less than $1 million per occurrence, unless otherwise agreed by the parties. Indemnification provisions in any such agreements, contracts, or guarantees may not require that the indemnitor indemnify the indemnitee for damages to persons or property caused in whole or in part by ay act, omission, or default of a party other than: (a) The indemnitor; (b) Any of the indemnitor's contractors, subcontractors, sub -subcontractors, materialmen, or agents of any tier or their respective employees; or (c) The indemnitee or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agents or employees, or for statutory violation or punitive damages except and to the extent the statutory violation or punitive damages are caused by or result from the acts or omissions of the indemnitor or any of the indemnitor's contractors, subcontractors, sub -subcontractors, materialmen, or agents or any tier of their respective employees. (2) A construction contract for a public agency or I connection with a public agency's project may require a party to that contract to indemnify and hold harmless the other party to the contract, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying party and persons employed or utilized by the indemnifying party in the performance of the construction contract. NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS (A) A Certification of Nonsegregated Facilities, as requested by the May 9, 1967, Order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities by the Secretary of Labor, must be submitted prior to the award of a federally assisted Construction Contract exceeding $10,000.00 which is not exempt from the provisions of the Equal H:1Boiler Plate 2007.DCAdoc.doc Page 25 of 41 Revised: 4/13/2007 Opportunity Clause. A certification form is enclosed with the Bid Proposal Form and should be submitted with each CONTRACTPOR'S BID, but must be submitted prior to award. (B) CONTRACTORS receiving federally assisted Construction Contract awards exceeding $10,000.00 which are not exempt from the provision of the Equal Opportunity clause will be required to provide for the forwarding of the following Notice to Prospective Subcontractors for supplies and construction contracts where the subcontracts exceed $10,000.00 and are not exempt from the provisions of the Equal Opportunity Clause: HABoiler Plate 2007.DCAdoc.doc Page 26 of 41 Revised: 4/13/2007 NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES (a) Certification of Nonsegregated Facilities, as required by the May 1967, Order (32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities by the Secretary of Labor, must be submitted prior to the award of a federally assisted Construction Contract exceeding $10,000.00 which is not exempt from the provisions of the Equal Opportunity Clause. (b) CONTRACTORS receiving subcontract awards exceeding $10,000.00 which are not exempt from the provision of the Equal Opportunity Clause will be required to provide fro the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000.00 and are not exempt from the provisions of the Equal Opportunity Clause. (c) A Certification for regarding Equal Employment Opportunity is also enclosed with the Bid Proposal Form and should be submitted by the CONTRACTOR with his bid, but must be submitted prior to award. (d) The Notice to Labor Unions on the following page shall be forwarded by the CONTRACTOR in accordance with Paragraph 3 of Nondiscrimination Provisions to be included in Federally Assisted Construction Contracts. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATION OF NON -SEGREGATED FACILITIES A Certification of Nonsegregated Facilities, as required by the May 9, 1967 Order (32 F.R. 7439 May 19, 1967) on Elimination of Segregated Facilities by the Secretary of Labor must be submitted prior to the award of a subcontract exceeding $10,000.00 which is not exempt from the provisions of the Equal Opportunity Clause. The Certification may be submitted either for each subcontractor or for all subcontracts during a period (i.e. quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. DATE ADDRESS (including zip code) Signature of Bid Prospective Contractor HABoiler Plate 2007.DCAdoc.doc Page 27 of 41 Revised: 4/13/2007 Certification Regarding Debarment, Suspension, And Other Responsibility Matters Primary_Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name Title Firm Street Address City, State, Zip 24 CFR 24.510 & 24 CFR, Part 24, Appendix A Project Name Project Number H:1Boiler Plate 2007.DCAdoc.doc Page 28 of 41 Revised: 4/13/2007 Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion sub -contractors Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to the above statement, the prospective participant shall attach an explanation to this form. Name Title Firm Street Address City, State, Zip Date Local Government CDBG Contract Number HABoiler Plate 2007.DCAdoc.doc Revised: 4/13/2007 Page 29 of 41 NOTICE TO LABOR UNIONS OR OTHER ORGANIZATIONS OF WORKERS TO NONDISCRIMINATION IN EMPLOYMENT (Name of Union or Organization of Workers) The undersigned currently holds contract(s) with (Name of Applicant) Involving funds or credit of the U.S. Government of (a) subcontract (s) with prime contractor holding such contract(s). You are advised that under the provisions of the above contract(s) or subcontract(s) and In accordance with Executive Order 11246, dated September 4, 1965, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, creed, or national origin. This obligation not to discriminate includes, but is not limited to the following: HIRING, PLACEMENT, UPGRADING, TRANSFER OR DEMOTION, RECRUITMENT, ADVERTISING OR SOLICITATION FOR EMPLOYMENT TRAINING DURING EMPLOYMENT, RATES OF PAY OR OTHER FORMS OF COMPENSATION, SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION. This notice is furnished to you pursuant to the provisions of the above contract(s) and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. (Contractor or Subcontractor) (Date) HABoiler Plate 2007.DCAdoc.doc Page 30 of 41 Revised: 4/13/2007 LABOR REQUIREMENTS tApplicable to all Prime and Sub -contractors Grantees must comply with certain regulations on wage and labor standards. In the case of Davis -Bacon and the Contract Work Hours and Safety Standards Acts, every construction (in the case of residential construction, projects with eight or more units) triggers the requirements. Davis -Bacon and Related Acts 40 USC 276a -7 : Ensures that mechanics and laborers employed in construction work under Federally assisted contracts are paid wages and fringe benefits equal to those that prevail in the locality where the work is performed. This act also provides for the withholding of funds to ensure compliance, and excludes from wage requirements apprentices enrolled in bona fide apprenticeship programs. • Contract Work House and Safety Standards Act as amended 40 USC 327-333 : Provides that mechanics and laborers employed on Federally assisted construction jobs are paid time and one-half for work in excess of 40 hours per week, and provides for the payment of liquidated damages where violations occur. This act also addresses safe an health working conditions. • Copeland (Anti -Kickback) Act (40 USC 276c): Governs the deductions from paychecks that are allowable. Makes it a criminal offense to induce anyone employed on a Federally assisted project to relinquish any compensation to which he/she is entitled, and requires all contractors to submit weekly payrolls and statements of compliance. • Fair Labor Standards Act of 1938. As Amended 26 USC 201.et.se .: Establishes the basic minimum wage for all work and requires the payment of overtime at the rate of at least time and one-half. It also requires the payment of wages for the entire time that an employee is required or permitted to work, and establishes child labor standards. Responsibility of the Prime Contractor The principal contractor is responsible for the full compliance of all employers (the contractor, subcontractors and any lower -tier subcontractors) with the labor standards provisions applicable to the project. Administrative Sanctions Contractors and/or subcontractors that violate the labor standards provisions may face administrative sanctions imposed by HUD and/or the Department of Labor. HABoiler Plate 2007.DCAdoc.doc Page 31 of 41 Revised: 4/13/2007 29 CFR 1.6 - Use and effectiveness of wage determinations. Section Number: 1.6 Section Name: Use and effectiveness of wage determinations. (a)(1) Project wage determinations initially issued shall be effective for 180 calendar days from the date of such determinations. If such a wage determination is not used in the period of its effectiveness it is void. Accordingly, if it appears that a wage determination may expire between bid opening and contract award (or between initial endorsement under the National Housing Act or the execution of an agreement to enter into a housing assistance payments contract under section 8 of the U.S. Housing Act of 1937, and the start of construction) the agency shall request a new wage determination sufficiently in advance of the bid opening to assure receipt prior thereto. However, when due to unavoidable circumstances a determination expires before award but after bid opening (or before the start of construction, but after initial endorsement under the National Housing Act, or before the start of construction but after the execution of an agreement to enter into a housing assistance payments contract undersection 8 of the U.S. Housing Act of 1937), the head of the agency or his or her designee may request the Administrator to extend the expiration date of the wage determination in the bid specifications instead of issuing a newwage determination. Such request shall be supported by a written finding, which shall include a brief statement of the factual support, that the extension of the expiration date of the determination is necessary and proper in the public interest to prevent injustice or undue hardship or to avoid serious impairment in the conduct of Government business. The Administrator will either grant or deny the request for an extension after consideration of all of the circumstances, including an examination to determine if the previously issued rates remain prevailing. If the request for extension is denied, the Administrator will proceed to issue a new wage determination for the project. (2) General wage determinations issued pursuant to Sec. 1.5(b), notice of which is published in the Federal Register, shall contain no expiration date. (b) Contracting agencies are responsible for insuring that only the appropriate wage determination(s) are incorporated in bid solicitations and contract specifications and for designating specifically the work to which such wage determinations will apply. Any question regarding application of wage rate schedules shall be referred to the Administrator, who shall give foremost consideration to area practice in resolving the question. (c)(1) Project and general wage determinations may be modified from time to time to keep them current. A modification may specify only the items being changed, or may be in the form of a supersede wage determination, which replaces the entire wage determination. Such actions are distinguished from a determination by the Administrator under paragraphs (d), (e) and (f) of this section that an erroneous wage determination has been issued or that the wrong wage determination orwage rate schedule has been utilized by the agency. (2)(i) All actions modifying a project wage determination received by the agency before contract award (or the start of construction where there is no contract award) shall be effective except as follows: (A) In the case of contracts entered into pursuant to competitive bidding procedures, modifications received by the agency less than 10 days before the opening of bids shall be effective unless the agency finds that there is not a reasonable time still available before bid opening, to notify bidders of the modification and a report of the finding is inserted in the contract file. A copy of such report shall be made available to the Administrator upon request. No such report shall be required if the modification- is received after bid opening. (B) In the case of projects assisted under the National Housing Act, modifications shall be effective if received prior to the beginning of construction or the date the mortgage is initially endorsed, whichever occurs first. (C) In the case of projects to receive housing assistance payments under section 8 of the U.S. Housing Act of 1937, modifications shall be effective if received prior to the beginning of construction or the date the agreement to enter into a housing assistance payments contract is executed, whichever occurs first. (ii) Modifications to project wage determinations and supersede wage determinations shall not be effective after contract award (or after the beginning of construction where there is no contract award). (iii) Actual written notice of a modification shall constitute receipt. (3) All actions modifying a general wage determination shall be effective with respect to any H:\Boiler Plate 2007.DCAdoc.doc Page 32 of 41 Revised: 4/13/2007 project to which the determination applies, if notice of such actions is published before contract award (or the start of construction where there is no contract award), except as follows: (i) In the case of contracts entered into pursuant to competitive bidding procedures, a modification, notice of which is published less than 10 days before the opening of bids, shall be effective unless the agency finds that there is not a reasonable time still available before bid opening to notify bidders of the modification and a report of the finding is inserted in the contract file. A copy of such report shall be made available to the Administrator upon request. No such report shall be required if notice of the modification.is published after bid opening. (ii) In the case of projects assisted under the National Housing Act, a modification shall be effective if notice of such modification is published prior to the beginning of construction or the date the mortgage is initially endorsed, whichever occurs first. (iii) In the case of projects to receive housing assistance payments under section 8 of the U.S. Housing Act of 1937, a modification shall be effective if notice of such modification is published prior to the beginning of construction or the date the agreement to enter into a housing assistance payments contract is signed, whichever occurs first. (iv) If under paragraph (c) (3) (i) of this section the contract has not been awarded within 90 days after bid opening, or if under paragraph (c)(3)(ii) or (iii) of this section construction has not begun within 90 days after initial endorsement or the signing of the agreement to enter into a housing assistance payments contract, any modification, notice of which is published in the Federal Register prior to award of the contract or the beginning of construction, as appropriate, shall be effective with respect to that contract unless the head of the agency or his or her designee requests and obtains an extension of the 90-day period from the Administrator. Such request shall be supported by a written finding, which shall include a brief statement of the factual support, that the extension is necessary and proper in the public interest to prevent injustice or undue hardship or to avoid serious impairment in the conduct of Government business. The Administrator will either grant or deny the request for an extension after consideration of all the circumstances. (v) A modification to a general wage determination is "published" within the meaning of this section on the date of publication of notice of such modification in the Federal Register, or on the date the agency receives actual written notice of the modification from the Department of Labor, whichever occurs first. (vi) A supersede wage determination or a modification to an applicable general wage determination, notice of which is published after contract award (or after the beginning of construction where there is no contract award) shall not be effective. (d) Upon his/her own initiative or at the request of an agency, the Administrator may correct any wage determination, without regard to paragraph (c) of this section, whenever the Administrator finds such a wage determination contains clerical errors. Such corrections shall be included in any bid specifications containing the wage determination, or in any on -going contract containing the wage determination in question, retroactively to the start of construction. (e) Written notification by the Department of Labor prior to the award of a contract (or the start of construction under the National Housing Act, under section 8 of the U.S. Housing Act of 1937, or where there is no contract award) that: (1) There is included in the bidding documents or solicitation the wrong wage determination or the wrong schedule or that (2) a wage determination is withdrawn by the Department of Labor as a result of a decision by the Administrative Review Board, shall be effective immediately without regard to paragraph (c) of this section. (f) The Administrator may issue a wage determination after contract award or after the beginning of construction if the agency has failed to incorporate a wage determination in a contract required to contain prevailing wage rates determined in accordance with the Davis Bacon Act, or has used a wage determination which by its terms or the provisions of this part clearly does not apply to the contract. Further, the Administrator may issue a wage determination which shall be applicable to a contract after contract award or after the beginning of construction when it is found that the wrong wage determination has been incorporated in the contract because of an inaccurate description of the project or its location in the agency's request for the wage determination. Under any of the above circumstances, the agency shall either terminate and resolicit the contract with the valid wage determination, or -incorporate the valid wage determination retroactive to the beginning of construction through supplemental agreement or through change order, Provided That the contractor is compensated for any increases in wages resulting from such change. The method of incorporation of the valid wage determination, and adjustment in contract price, where appropriate, should be in accordance with applicable procurement law. HABoiler Plate 2007.DCAdoc.doc Page 33 of 41 Revised: 4/13/2007 (g) If Federal funding or assistance under a statute requiring payment of wages determined in accordance with the Davis - Bacon Act is not approved prior to contract award (or the beginning of construction where there is no contract award), the agency shall request a wage determination prior to approval of such funds. Such a wage determination shall be issued based upon the wages and fringe benefits found to be prevailing on the date of award or the beginning of construction (under the National Housing Act, under section 8 of the U.S. Housing Act of 1937 or where there is no contract award), as appropriate, and shall be incorporated in the contract specifications retroactively to that date, Provided, That upon the request of the head of the agency in individual cases the Administrator may issue such a wage determination to be effective on the date of approval of Federal funds or assistance whenever the Administrator finds that it is necessary and proper in the public interest to prevent injustice or undue hardship, Provided further That the Administrator finds no evidence of intent to apply for Federal funding or assistance prior to contract award or the start of construction, as appropriate. [48 FIR 19533, Apr. 29, 1983, as amended at 50 FIR 49823, Dec. 4, 1985] H:\Boiler Plate 2007.DCAdoc.doc Page 34 of 41 Revised: 4/13/2007 WAGE DETERMINATION(S) ASSIGNED TO THIS PROJECT: (insert Wage Determination(s) HABoiler Plate 2007.DCAdoc.doc Page 35 of 41 Revised: 4/13/2007 APPENDIX I FEDERAL LABOR STANDARDS PROVISIONS Federal Labor Standards Provisions U.S. Department of Housing and Urban Development HABoiler Plate 2007.DCAdoc.doc Page 36 of 41 Revised: 4/13/2007 The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof @ due at time of payment computed at rates not less than those contained I the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonable anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR-5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or included during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determi- nation (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at al times by the contractor and its sub- contractors at the site of the work in a prominent and accessible [lace where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be send by HUD or its designee to the Adminis- trator of the Wage and Hour Division, Employment Standards Admin- istration, U.S. department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative will approve, modify, or disapprove every additional classification action within 30. days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140). (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage ratr (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the office if Management and Budget under OMB Control Number 1215-0140). (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140). 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Depart- ment of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis - Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including ap- prentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract in the event of failure to pay any laborer or mechanic, including any appren- tice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after .written notice to the contractor, disburse such amounts withheld for and on account of contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relat- ing thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United Stares Housing Act of 1937, or under the Housing act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 GFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(8) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration WBoiler Plate 2007.DCAdoc.doc Page 37 of 41 Revised: 4/13/2007 of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 12215-0017). 911) (a) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Option Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-0014-1). U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that such information is correct and complete- (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement Compliance' required by paragraph A.3(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4. Apprentices and Trainees (i) Apprentices, Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.. The allowable ratio of apprentices to journeymen on the job site in any craft classification shll not be greater than the ratio permitted to the contractor as t the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman's hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. In the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman's hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will not longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. H:1Boiler Plate 2007.DCAdoc.doc Page 38 of 41 Revised: 4/13/2007 6. Subcontracts. The contractor r subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designed may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR Part 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(i) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.129a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S_ Criminal Code, Section 1 01 1, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of .....influencing in any way the action of such Administration, ...,makes, utters or publishes any statement knowing the same to be false....shall be fined nor more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor of any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer- S. Contract Work House and Safety Standards Act. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forth yours in such work week unless such laborer or mechanic receives compensation at a rate note less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. (2) Violation; liability for unpaid wages; liquidated damages. In the vent of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages_ In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required of permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract of any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor of subcontractor shall insert in any subcontracts the clauses set forth in subparagraphs (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor for lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2)The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work House and Safety Standards Act (Public Law 91-54, 83 Stat 96. (3) The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor, The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. H:1Doiler Plate 2007.DCAdoc.doc Page 39 of 41 Revised: 4/13/2007 /_1 J»`1 QXGE CERTIFIED PAYROLL AND STATEMENT OF COMPLIANCE HABoiler Plate 2007.QCAdoc.doc Page 40 of 41 Revised: 4/13/2007 PROJECT SIGN: Contractor shall furnished and erect a sign at the project site. The sign shall be made of 3/4 inch plywood, substantially in accordance with the drawings on next page. Sign shall be placed in a prominent location and maintained in good condition until completion of the project. s DROWARD COUNTY PROJECT NAME � N 2005 DISASTER RELIEF PROGRAM In o AS5I5TE BT A GFRDYA Oh N y�+ THE U.S. Dr` ARTMENT O HPUSIIJR134N DEVEL. ff`MEu .� = AND THE DEPART T OF COMMUTVAVIRS O LOF' C1 E 11T RANT t'(DJEGTA �ohMUMIT`r DEv AUTH O I E D DT , N THE 50,4RD OFCOUH 1`f �LONI16Ni? MRs �+ 13 M CONNUMTT DQV�L0P[1C-NT SIGN C.OLDRS: BACKGROUND--EGGSf!ELLrOFF-lJHFE) BODFP,A11D"r. D"De Y, rr?FFQ.1 TTP -1r, 41 EXHIBIT "C" TIME FRAMES FOR REPORTING REQUIREMENTS The following reports must be completed and submitted to the COUNTY SUBGRANTEE in the time frame indicated. Failure to timely file these reports may result in a suspension of payments, as defined in Section 4.9 of this Agreement. For DCA Forms: 1. The Quarterly Status Report (Attachment "E") must be submitted to the COUNTY SUBGRANTEE on April, 1, July 1, October 1, and January 1. 2. The Contractual Obligation and MBE Report (Attachment "F") must be submitted to the COUNTY SUBGRANTEE on April 1, and October 1 annually. 3. The Administrative Closeout Package (Attachment "G") must be submitted to the COUNTY SUBGRANTEE no later than 30 days after the Agreement termination date. For Broward COUNTY SUBGRANTEE Forms: 1. The Monthly Progress Report (Exhibit "D") must be submitted to the COUNTY SUBGRANTEE on the first day of each month to report on the previous month. 2. The COUNTY SUBGRANTEE'S document referred to as the H.U.D. Boiler Plate for Community Development Block Grant Projects, Capital Construction Projects, 2005 CDBG Disaster Recovery Initiative (Exhibit "B"), shall be required to be part of all MUNICIPAL SUBRECIPIENT bid documents and the forms identified therein must be completed as indicated. 2005 CDBG DISASTER RECOVERY INITIATIVE EXHIBIT "D" MONTHLY PROGRESS REPORT Reporting Period: Date Report Prepared: A. Project Information: Agency Name Person Preparing the Report Job Title Signature Project Name Project Start -Up Date Project Completion Date Amended Completion Date (if applicable) B.1 Project Cost Funds Expended to Date Percentage Total Project $ $ CDBG Funding $ $ Other Funding (specify source below) $ $ B.2 Declaration of Agency Budget Changes Program Income: Source of Program Income: Page 1 of 5 2005 CDBG DISASTER RECOVERY INITIATIVE EXHIBIT "D" (Cont.) 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.fi Anticipated Changes in Staffing: 1. Office Hours: 2. 3 Resignations: Part-time or Full-time Employee(s): C.1 Brief Project Description & Project Location (if applicable, include homeowner's name and address, general scope of work performed, and associated expenses): C. 2. Describe specific work tasks & status completed this month: Work Tasks Status (i.e., underway, completed) Page 2 of 5 2005 CDBG DISASTER RECOVERY INITIATIVE EXHIBIT "D" (Cont.) C.3. Describe success or problems encountered with the project: C.4. Anticipated problems or concerns with project. Please identify technical assistance needed and/or requested from Housing and Community Development staff. C.S. Anticipated advertisements and/or other contractual services. If so, has Housing and Community Development staff been advised and appropriate steps taken to assure compliance? C.6. If applicable, please complete the following Direct Benefit Report Form on all program participants. Page 3 of 5 2005 CDBG DISASTER RECOVERY INITIATIVE d t U m i •a K Q W V N �a 0 s m O s O N C O L a O "- O. 4 E� a W c � O � W w ! W co y� a Lz W c y c LL o CL O 4) d d4) O O V y • V R (n (C Qa N C1 •C a a c O c 4)-e-Cp N -7 E Q = Q Z w O V •� Y C m _N •� m20 O v Z d � •c a �20 c d E W 3 O ( J C w O m .r O L E a o c _5 v K y N c y n d d 7 U a N 'G 'O 3 u s rni O 2 a LO O (0 d w Q Z w 0 0 uj w F- V) Q O C� 0o Q 0 V) CD 0 N EXHIBIT "D (Cont.) D. Program Objectives * Work Tasks Projected Yearly Total ! Performance Monthly Progress Progress Yr-To-Date Supporting Documentation Please list Work Tasks as listed in the agreement's Attachment "B" (Project Work Plan). Page 5 of 5 2005 CDBG DISASTER RECOVERY INITIATIVE EXHIBIT "E" Municipal Subrecipients MUNICIPAL SUBRECIPIENT'S REQUEST FOR PAYMENT Community Development Block Grant Program Disaster Recovery Initiative Funding Contract Period to 1. Project Name: 2. Organization: Telephone Number: 3. Billing Number: 4. Billinq Period Covered: 5. % of Total Contract, Ex ended thru this Billin Total Expenditures Expenditures Total Expenditures 6. Cost Cate ories U to Last Billin This Billin To Date A. Project Costs Sala & Fringes N/A N/A N/A Contractual Construction Other Project Costs Total Expenditures Funds Obligated: (By Funding Agreement) Balance B. In -kind Page 1 of 2 2005 CDBG DISASTER RECOVERY INITIATIVE Request for Payment continued 7. Detail of Request for Payment (Attach copies of Invoices, Other Applicable Documentation Invoice # Vendor Name If Applicable) Descri tion of Service Amount 8. Certification: Total Request for Reimbursement $ 1 certify that items 1 — 7 of this billing are correct and just and are based upon obligation(s) of record for the project; that the work and services are in accordance with the Broward County approved agreement including any amendments thereto; and that the progress of the work and services under the project agreement are satisfactory and are consistent with the amount billed. Signature and Title of Authorized Official Date Form 608.700 Revised 06/04 Page 2 of 2 2005 CDBG DISASTER RECOVERY INITIATIVE