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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-009December 27, 2000 - Temp. Reso #9243 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001- D� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC ACCEPTING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE SENIOR CENTER PROGRAM AT THE TAMARAC COMMUNITY CENTER; CASE NO. 1-MI-01; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is proactive in its efforts to maximize the use of grants and funding sources to accomplish its established goals and objectives; and WHEREAS, the City of Tamarac has applied to Broward County, the Urban County administering the United States Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG) funds for the development and implementation of a Senior Center Program to be conducted at the City of Tamarac's Community Center; and WHEREAS, the Agreement between Broward County and the City of Tamarac for Senior Center Program in the amount of $244,217.00 providing for funding and administration of Community Development Block Grant Programs (attached hereto as Exhibit 1 ") is required to be executed by the County Administrator for Broward County and December 27, 2000 — Temp. Reso #9243 WHEREAS, four (4) copies of the executed agreement are required to be delivered to Broward County's Community Development Division by January 25, 2001; and WHEREAS, the Director of Community Development and the Director of Parks and Recreation recommend approval of the agreement; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute the Agreement between Broward County and the City of Tamarac accepting Community Development Block Grant Funds from the United States Department of Housing and Urban Development for the Senior Center Program at the Tamarac Community Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of the Resolution. SECTION 2: That the City Commission authorizes the appropriate City Officials to execute the Agreement between Broward County and the City of Tamarac in the amount of $244,217,00 for the Senior Center Program to be conducted at the City of Tamarac Community Center, an eligible activity of the Community Development Block Grant (CDBG) United States Department of Housing and Urban Development (HUD) (attached hereto as Exhibit 1"). 1 1 1 December 27, 2000 — Temp. Reso #9243 SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 10`' day of January, 2001. ATTEST: MARION SWEN ON, CMC CITY CLERK I HEREBY CERTIFY that I h,a)� approved this kESIOLIJTION as to form. i ITCHELL S. KRA CITY ATTORNEI JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS U:\PatS\USERDATA\WPDATA\ORD\1919ord Broward County Agrmt-Senior Center ProgramResolution.doc EXHIBIT folio TEMP RESO #9243 *For Governmental Entities AGREEMENT Between BROWARD COUNTY and City of Tamarac for Senior Center Program IN THE AMOUNT OF $ 244,217. PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS INDEX ARTICLE PAGE 1 DEFINITIONS AND IDENTIFICATIONS 1 2 PREAMBLE 2 3 PROJECT 4 4 FUNDING AND METHOD OF PAYMENT AND PROVISIONS RELATING TO THE USE OF THE FUNDS 5 5 ASSURANCES 6 6 FINANCIAL RESPONSIBILITY 10 7 INDEMNIFICATION AND INSURANCE 12 8 TERM OF AGREEMENT 12 9 TERMINATION; DISQUALIFICATION 12 10 NOTICES 13 11 MISCELLANEOUS 14 EXHIBITS EXHIBIT "A" Project Description EXHIBIT "B" Costs/Budget for Project EXHIBIT "C" Timetable/Schedule for Project EXHIBIT "D" Monthly Progress Report A:\newagree26thyrTsmaracdbggov.wpd Rev. May 22, 2000 AGREEMENT Between BROWARD COUNTY and City of Tamarac for Senior Center Program IN THE AMOUNT OF $ 244,217 PROVIDING FOR FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS This is an Agreement between: BROWARD COUNTY, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of County Commissioners, AND _City of Tamarac its successors and assigns, hereinafter referred to as "SUBGRANTEE." 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 and SUBGRANTEE 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 setforth below are assumed to be true and correct and are agreed upon by the parties. 1.1 ASSURANCES: means those assurances made by SUBGRANTEE to COUNTY as specifically set forth in this Agreement. A:\newagree26thyrTa ma racdbgg ov.wpd Rev. May 22, 2000 -1- 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 SUBGRANTEE pursuant to the terms of this Agreement. 1.4 COUNTY: means Broward County, Florida, a political subdivision of the State of Florida. 1.5 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. 1.6 DIVISION: means the Community Development Division of Broward County. 1.7 GRANTEE: means Broward County, Florida, as Grantee of the Broward County Community Development Block Grant Program. 1.8 H.U.D.: means the United States Department of Housing and Urban Development. 1.9 PROJECT: means the project or projects set forth in Article III hereof, and Exhibit "A" entitled Project Description. 1.10 RULES AND REGULATIONS OF H.U.D.: means 24 CFR 570, "Community Development Block Grant Regulations"; 24 CFR 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-128, "Audits of State and Local Governments." 1.11 SUBGRANTEE: means City of Tamarac, a municipality as subgrantee for the Project included in the Broward County Community Development Block Grant Program. 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. A:\newagree26thyrTamaracdbggov.wpd Rev. May 22, 2000 _2_ 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 by the Committee and the municipalities and unincorporated communities participating in the Broward County Community Development Block Grant Program. 2.2 Pursuant to 24 CFR 570.200(a) and 570.301 of the Rules and Regulations of H.U.D., the Project were included in the Broward County Community Development Block Grant Program submission to H.U.D. It was determined that the proposals funded under this Project would address one or more of the following three national objectives: 2.2.1 Activities benefiting low and moderate -income persons. 2.2.2 Activities which aid in the prevention or elimination of slums or blight; 2.2.3 Activities designed to meet community development needs having a particular urgency. 2.3 Under the Rules and Regulations of H.U.D., COUNTY is administrator for the Program and COUNTY is mandated to comply with various statutes, rules and regulations of the United States and the Rules and Regulations of H.U.D., 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 is mandated by H.U.D. to conduct all programs and activities relating to housing and community development in a manner which will affirmatively further fair housing. COUNTY will fund only those SUBGRANTEES who have taken steps to promote fair housing. 2.5 COUNTY is desirous of disbursing the funds to SUBGRANTEE. However, as administrator for the Program, COUNTY desires to obtain the assurances from SUBGRANTEE, and SUBGRANTEE so assures COUNTY, that SUBGRANTEE will comply with the statutes, rules and regulations of the United States, the Rules and Regulations of H.U.D., the State of Florida, and applicable codes and regulations of COUNTY relating to the Project and the Program, as a condition precedent to the release of such funds to SUBGRANTEE. 2.6 Any SUBGRANTEE 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 Funds. A:\newagree26thyrTamaracdbggov.wpd Rev. May 22, 2000 -3- 2.7 This Agreement is subject to the availability of funds as more specifically described in Article IV and Article XII hereof. ARTICLE 3 - PROJECT 3.1 SUBGRANTEE agrees to provide and implement the following eligible Project: Senior Center Program This project was submitted and approved in the 26th year process. Such Project is more specifically described and set forth in Exhibit "A" attached hereto and by this reference made a part hereof. 3.2 SUBGRANTEE agrees to implement Project and comply with the timetable set forth in Exhibit "C," attached hereto and made a part of this Agreement. Failure to maintain the implementation schedule within sixty (60) days of the checkpoints identified in the timetable shall warrant a full review by Division staff. Such referral shall be the first step toward possible reprogramming of funds. Failure to maintain the implementation schedule within ninety (90) days of checkpoints shall be cause for an attendant recommendation from the Division that all uncommitted and unexpended funds be transferred to the contingency account or be reprogrammed, consistent with the Housing and Community Development Act of 1974, as amended. 3.3 All specifications and plans prepared or to be used for the Project shall be certified and approved by SUBGRANTEE and submitted to the Division for approval prior to advertisement or implementation as applicable. 3.4 No construction work may be undertaken without written authorization from the Division prior to issuance of a formal Notice to Proceed to SUBGRANTEE. 3.5 All change orders must receive prior approval from the Division. 3.6 At the completion of each Project, "as -built" drawings, when necessary, shall be submitted to the Division for approval prior to final payment. 3.7 The Division may issue a Stop Order to SUBGRANTEE which will halt all work on the Project in the event that the work is not being done according to specifications orwhen, in the Division Director's judgment, SUBGRANTEE or its contractor have violated federal guidelines and regulations, the Assurances contained in Article VII, orthe provisions of this Agreement. 3.8 SUBGRANTEE 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 A:\newagree26thyrTamaracdbggov.wpd Rev. May 22, 2000 -4- 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 SUBGRANTEE agrees to furnish to the Division Director, COUNTY or their designees, such records and information, including copies and/or transcriptions, as is determined necessary by the Division or COUNTY. SUBGRANTEE shall submit on a monthly and quarterly basis, and at other times upon the request of the Division Director, information and status reports required by Division, COUNTY or H.U.D. on forms approved by the Division Director. ARTICLE 4 - FUNDING AND METHOD OF PAYMENT AND PROVISIONS RELATING TO THE USE OF THE FUNDS 4.1 The maximum amount payable by COUNTY under this Agreement shall be Two - Hundred and Fo -Four Thousand Dollars and Two Hundred Seventeen Dollars ($ 244.217 A 4.2 COUNTY agrees to reimburse SUBGRANTEE for the Project expenses incurred as provided for in Exhibit "B" attached hereto, provided a suspension of payment as provided for in Article XIII of this Agreement has not occurred, and provided further that SUBGRANTEE complies with the procedures for invoices and payments as set forth in Article VI of this Agreement. 4.3 COUNTY shall pay SUBGRANTEE as specific consideration forthe indemnification of Article IX, the sum of ONE DOLLAR ($1.00) in cash, the receipt of which is hereby acknowledged by SUBGRANTEE. 4.4 SUBGRANTEE, shall invoice COUNTY monthly on the following basis: 4.4.1 SUBGRANTEE shall provide COUNTY with an executed original of any contracts or subcontracts authorizing the work to be done on the Project. 4.4.2 SUBGRANTEE shall provide COUNTY with documentation of leveraging which has occurred during each month. 4.4.3 SUBGRANTEE shall submit a certified copy of the purchase order authorizing the services for which it is invoicing. 4.4.4 If SUBGRANTEE has awarded a contract to an independent contractor to perform Project services, SUBGRANTEE shall submit to COUNTY a certified copy of the contractor's invoice stating the services rendered and the date the services were rendered. 4.4.5 SUBGRANTEE administrator or his authorized representative shall certify that the work that is being invoiced has been completed. A:\newagree26thyrTamoracdbggov.wpd Rev. May 22. 2000 -5- 4.4.6 In addition, SUBGRANTEE shall provide COUNTY with monthly progress reports as provided in Exhibit "D," attached hereto and made a part of this Agreement. 4.7 Upon receiving the invoices, reports and other materials as described by Section 4.1, 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. 4.8 Upon determination by the Division that the services or material invoiced have been received or completed, the Division shall authorize the Broward County Finance and Administrative Services Department to make payment to SUBGRANTEE the amount it determines, pursuant to the audit, to be payable. Payment for travel expenses, if any, shall be made in accordance with County guidelines for travel reimbursement. 4.9 For purposes of this section, invoices, reports and other materials as described in Section 4.1, shall not be honored if received later than sixty (60) days after expiration or termination of this Agreement, except invoices for impact fees which will be honored up to twelve (12) months after expiration or termination of this Agreement. 4.10 SUBGRANTEE 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. 4.11 SUBGRANTEE agrees to expend the funds allocated to the Project by September 30 , 2001 . All funds not expended within the term of this Agreement shall remain in the custody and control of COUNTY. 4.12 The parties hereby agree that the following events are sufficient cause for suspension of payments. Such events include but are not limited to: 4.12.1 Ineligible use of CDBG Funds; 4.12.2 Failure to comply with the work program or terms of this Agreement; 4.12.3 Failure to submit reports as required including a favorable audit report; and 4,12.4 Submittal of incorrect or incomplete reports in any material respect. ARTICLE 5 - ASSURANCES 5.1 SUBGRANTEE agrees that these Assurances shall survive the expiration or earlier termination of this Agreement. A:\newagree26thyrTamaracdbggov.wpd Rev. May 22, 2000 -6- 5.2 SUBGRANTEE agrees to comply with the provisions of Section 202, Executive Order 11246, and with the guidelines for applicants on equal opportunity obligations for CDBG Funds in regard to construction contracts. 5.3 SUBGRANTEE agrees to submit to the Division at least two (2) weeks prior to the actual date, written notification of all prebid and construction contracts. 5.4 SUBGRANTEE agrees to comply with the provisions of 24 CFR Part 13-5 and Subtitle A, et al. (Section III Economic Opportunities for Low and Very Low Income Persons, Interim and Final Rules) 5.5 SUBGRANTEE agrees to comply with all applicable federal, state and county laws, ordinances, and codes and regulations. 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. 5.6 SUBGRANTEE agrees to act in accordance with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), 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 SUBGRANTEE 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 assistance extended to SUBGRANTEE, this assurance shall obligate SUBGRANTEE 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. 5.7 . SUBGRANTEE agrees, if applicable, to inform affected persons of the benefits, policies, and procedures provided for under H.U.D. regulations. 5.8 SUBGRANTEE 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 ties. 5.9 SUBGRANTEE agrees further that it shall be bound by the standard terms and conditions used in the 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. 5.10 If applicable, SUBGRANTEE 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 A:\newagree26thyrTamaracdbggov.wpd Rev. May 22, 2000 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. 5.11 SUBGRANTEE 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 CFR 85. 5.12 SUBGRANTEE agrees to incorporate COUNTY'S Small Disadvantaged Business Enterprises Affirmative Action Program requirements and H.U.D. regulations for all contracts of $10,000.00 or more awarded by SUBGRANTEE pursuant to this Agreement. 5.13 SUBGRANTEE agrees to incorporate COUNTY'S First Source Hiring Agreement Requirement within all contracts awarded by SUBGRANTEE pursuant to this Agreement. 5.14 SUBGRANTEE agrees to comply with the following requirements as they relate to acquisition, lease, sublease, and disposition of real property. 5.14.1 Before entering into a lease or sublease with a third party, SUBGRANTEE shall notify the Division of his/her intent to enter into a lease or sublease, provide a copy of the proposed lease or sublease and obtain the Division's consent. 5.14.2 Property acquired through a CDBG funded Project shall be used for the original approved purpose and SUBGRANTEE shall demonstrate significant material progress within eighteen (18) months of closing on such property. In the event such material progress is not evidenced nor commenced within said eighteen (18) months of closing, SUBGRANTEE hereby agrees to transfer ownership of the property acquired with CDBG Funds to COUNTY, if COUNTY so requests in writing. 5.14.3 All real property transferred to COUNTY'S ownership, as a result of the aforementioned deficiency, or lack of significant material progress, or real property returned as a result of expiration and subsequent termination of the original Funding Agreement, shall be used by COUNTY at its discretion for reallocation to other eligible CDBG activities. 5.14.4 Real property acquired utilizing CDBG Funds used for purpose of housing construction shall be deeded to home buyers at no cost unless other provisions are made part of a specified provision of this Agreement and approved by the Division. Any income realized as a result of the disposition of property by SUBGRANTEE shall be returned to COUNTY, unless otherwise provided for by written agreement. 5.14.5 Any regulations, policies, procedures, or requirements governing the A:\newagree26thyrTamaracdbggov.wpd Rev, May 22, 2000 acquisition, use and disposition of real property, including but not limited to the Uniform Relocation and Real Property Acquisition Policies Act, shall be followed and provisions of said regulations, policies, procedures and requirements shall be met. 5.14.6 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. 5.14.7 Proceeds from the sale of real property purchased in whole or in part with CDBG Funds shall be handled in accordance with 24 CFR 85.31 pertaining to property management. 5.14.8 Method of transfers of real property acquired with or improved by use of CDBG Funds shall be accomplished after approval by the Director of the Community Development Division. 5.15 Real property, equipment and supplies acquired with CDBG funds and no longer needed far the originally authorized purpose shall be disposed of in the manner authorized by the Director of the Community Development Division and consistent with 24 CFR 85 after the SUBGRANTEE has requested disposition instructions. 5.16 In instances where there is construction work of over $2,000.00 financed in whole or part with CDBG Funds under this Agreement, SUBGRANTEE 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. 5.17 In instances where SUBGRANTEE is seeking to use CDBG Funds for payment of impact fees, SUBGRANTEE must attempt to secure a waiver of such impact fees. If SUBGRANTEE is unsuccessful in obtaining a waiver, SUBGRANTEE must submit to the Division documentation reflecting SUBGRANTEE'S unsuccessful efforts prior to utilization of CDBG Funds for payment of impact fees. 5.18 SUBGRANTEE agrees that CDBG Funds shall not be used for religious activities or provided to primarily religious entities for any activities, including secular activities. 5.19 SUBGRANTEE 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. 5.20 Subgrantee agrees that applicants for rehabilitation assistance, tenants in housing being rehabilitated and purchasers of HUD -associated housing will be provided with information concerning the dangers of Lead -Base Paint. A:\newagree26thyrTamaracdbggov.wpd Rev. May 22, 2000 _g_ 5.21 Subgrantee agrees that: 5.21.1 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. 5.21.2 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. 5.21.3 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. 5.22 SUBGRANTEE agrees to act in accordance with Section 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. 5.23 In accordance with Section 519 of Public Law 101-144, (the HUD Appropriations Act), Subgrantee 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. 5.24 SUBGRANTEE 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 Broward County. ARTICLE 6 - FINANCIAL RESPONSIBILITY 6.1 SUBGRANTEE gives COUNTY, 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. A:\newagree26thyrTamaracdbggov.wpd Rev. May 22, 2000 -10- 6.2 SUBGRANTEE 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 CFR 85. 6.3 SUBGRANTEE 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 from nonfederal resources, or if this Agreement is still in force, any subsequent request for payment shall be withheld by COUNTY. 6.4 SUBGRANTEE 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 within one hundred eighty (180) days after the close of the fiscal year of the governmental entity. All grant funds from COUNTY should be shown via explicit disclosure in the annual financial statements or the accompanying notes to the financial statements. 6.5 SUBGRANTEE agrees and understands that all funding authorized through the CDBG 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 by SUBGRANTEE, and COUNTY, in its sole discretion, may reallocate the funds to other eligible CDBG projects. 6.6 Upon the prior written approval of the COUNTY, program income generated as a result of receipt of CDBG Funds shall be used in one of the following manners: 6.6.1 Added to funds committed to the Project by SUBGRANTEE and used proportionally to the original funding allocation to further eligible program objectives. 6.6.2 To finance the nonfederal share of the Project. 6.6.3 Only for eligible CDBG activities. 6.6.4 Returned to COUNTY upon written request of the Division. 6.7 . SUBGRANTEE agrees to budget and expend all CDBG Funds in accordance with the Division's "Procedures Manual for Subrecipients." 6.8 SUBGRANTEE is required to and hereby agrees to account for program income related to Project financed in whole or part with CDBG Funds. 6.9 Any real property underthe SUBGRANTEE'S control thatwas acquired or improved in whole or in part with CDBG Funds shall be: A:\newagree26thyrTamaracdbggov.wpd Rev. May 22, 2000 -11- 6.9.1 Used to meet one of the National Objectives in 24 CFR 570.208 until five (5) years after expiration of this Agreement; and 6.9.2 Disposed of, if disposition occurs, in a manner that results in the COUNTY 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. 6.10 SUBGRANTEE 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 pursuant to this Agreement for the Project shall be repaid in full to COUNTY from nonfederal resources. SUBGRANTEE agrees that this provision shall survive the expiration or earlier termination of this Agreement. ARTICLE 7 - INDEMNIFICATION AND INSURANCE 7.1 SUBGRANTEE 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. 7.2 SUBGRANTEE shall furnish Contract Administrator with written verification of liability protection in accordance with state law prior to final execution of this Agreement. ARTICLE 8 - TERM OF AGREEMENT This Agreement shall commence upon execution by COUNTY and shall end on _ September 30, _, 2001 (date). ARTICLE 9 - TERMINATION; DISQUALIFICATION 9.1 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 SUBGRANTEE. Said notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. COUNTY shall be the final authority as to the availability of funds. 9.2 If, through any cause, SUBGRANTEE fails to commence work on the Project, as set forth in Exhibit "C," within three (3) months from the date of execution of this Agreement, or fails to fulfill in timely and proper manner its obligations under this Agreement, or if SUBGRANTEE shall violate any of the covenants, agreements, or stipulations of this A:\newag ree26thyrTama racdbggov.wpd Rev. May 22, 2000 -12- Agreement COUNTY, 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 SUBGRANTEE 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 specify in writing the actions that must be taken by SUBGRANTEE as a condition precedent to resumption of payments and should specify a reasonable date for compliance. 9.3 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 SUBGRANTEE with CDBG Funds underthis Agreement shall be returned to COUNTY. 9.4 Notwithstanding the above, SUBGRANTEE shall not be relieved of liability to COUNTY for damages sustained by COUNTY by virtue of any breach of this Agreement by SUBGRANTEE, and COUNTY may withhold any payments to SUBGRANTEE, for the purposes of setoff until such time as the exact amount of damages is determined. 9.5 In the best interests of the program and in order to better serve the people in the target areas and fulfill the purposes of the Act, 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 terminates the Agreement, COUNTY shall pay SUBGRANTEE for documented committed eligible costs. The County Administrator is authorized to terminate this Agreement on behalf of the COUNTY pursuant to this Section upon his or her determination that termination is in the best interests of the COUNTY and the PROGRAM. 9.6 All requests for amendments to this Agreement must be submitted in writing to the Director of the Community Development Division no less than ninety (90) days prior to the termination date of the Agreement. 9.7 If, in the opinion of the Division Director, SUBGRANTEE has violated the terms of this Agreement, the Division Director may bring the matter before the Committee for Community Development for consideration. In addition to those actions which may be taken by the COUNTY pursuant to the terms of this Agreement, if the Committee determines that a violation of this Agreement has occurred, the Committee may disqualify SUBGRANTEE from receiving CDBG Funding in the subsequent year. ARTICLE 10 - 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 A:\newagree26thyrTamaracdbggov.wpd Rev. May 22, 2000 -13- provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to -wit: FOR COUNTY: Director Broward County Community Development Division 201 South Andrews Avenue, Second Floor Fort Lauderdale, Florida 33301 FOR SUBGRANTEE: The Honorable Joe Schreiber Mayor City of Tamarac 7625 N.W. 88" Avenue Tamarac, Florida 33321 ARTICLE 11 - MISCELLANEOUS 11.1 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT. SUBGRANTEE 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. SUBGRANTEE shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, SUBGRANTEE shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. SUBGRANTEE's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16Y2), national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. SUBGRANTEE shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16Y2) in performing any services pursuant to this Agreement. 11.2 INDEPENDENT CONTRACTOR. SUBGRANTEE is an independent contractor under this Agreement. Services provided by SUBGRANTEE shall be performed by employees of SUBGRANTEE and subject to supervision by SUBGRANTEE, and shall not be deemed officers, employees, or agents of COUNTY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing A: \newag ree26thyrTamaracdbggov.wpd Rev. May 22, 2000 -14- policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of SUBGRANTEE, which policies of SUBGRANTEE shall not conflict with COUNTY, or State of Florida policies, rules or regulations relating to the use of SHIP Funds provided for under this Agreement. 11.3 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. 11.4 AMENDMENTS. COUNTY may, in its discretion, amend this Agreement to conform with changes in federal, state, local, COUNTY and/or HOME guidelines, directives, and objectives. Such amendments shall be incorporated bywritten 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 24 C.F.R. part 570. 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, as Grantee, is responsible to H.U.D. forthe administration of CDBG Funds and may consider and act upon reprogramming recommendations as proposed by its SUBGRANTEES or the Division after appropriate referral to the Committee. In the event that COUNTY approves any modification, amendment, or alteration to the funding allocation, SUBGRANTEE shall be notified pursuant to Article XVI and such notification shall constitute an official amendment. The Division Director shall be authorized to approve line item changes to the budget information set out in Exhibit "B" provided such changes do not result in an increase in the CDBG Fund amount in Section 4.1 of this Agreement, and Exhibit "B" attached hereto. 11.5 ASSIGNMENT. SUBGRANTEE shall not transfer or assign the performance of services called for in this Agreement. However, this Agreement shall run to COUNTY or its successors. 11.6 REPORTS, PLANS AND OTHER AGREEMENTS. All reports, plans, surveys, information, documents, maps and otherdata procedures developed, prepared, assembled or completed by SUBGRANTEE for the purposes of this Agreement shall become the property of COUNTY without restriction, reservation or limitation of their use and shall be made available by SUBGRANTEE at any time upon request by COUNTY 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. A:\newagree26thyrTamaraedbggov.wpd Rev. May 22, 2000 -15- 11.7 CONFLICT OF INTEREST. SUBGRANTEE covenants that no person who presently exercises any functions or responsibilities in connection with the Project has any personal financial interest, for one (1) year thereafter. Any possible conflicting interest on the part of SUBGRANTEE, 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 to be provided for employment of and participation of Very Low, Low, and Moderate Income residents of the Project target area. 11.8 CONFLICTS. Neither SUBGRANTEE nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with SUBGRANTEE's loyal and conscientious exercise of judgment related to its performance under this Agreement. SUBGRANTEE agrees that none of its employees shall, during the term of this Agreement, serve as an adverse or hostile witness against COUNTY 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 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 SUBGRANTEE is permitted to utilize subcontractors to perform any services required by this Agreement, SUBGRANTEE agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. 11.9 EXECUTION. This document shall be executed in four (4) counterparts, each of which shall be deemed to be an original. 11.10 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. 11.11 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 or SUBGRANTEE 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. 11.12 LEGAL PROVISIONS DEEMED INCLUDED. Each and every provision of any law A:\newagree26thyrTamaracdbggov.wpd Rev. May 22, 2000 -16- 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. 11.13 NO CONTINGENT FEE. SUBGRANTEE warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for SUBGRANTEE, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for SUBGRANTEE any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, COUNTY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 11.14 KNOWLEDGE AND COMPLIANCE WITH APPLICABLE LAWS. SUBGRANTEE 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. The SUBGRANTEE shall at all times observe and comply with all such laws, ordinances, regulations, orders and decrees. 11.15 PUBLIC ENTITY CRIMES ACT. SUBGRANTEE represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a contractor, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to COUNTY, may not submit a bid on a contract with COUNTY for the construction or repair of a public building or public work, may not submit bids on leases of real property to COUNTY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with COUNTY, and may not transact any business with COUNTY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, SUBGRANTEE further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether SUBGRANTEE has been placed on the convicted vendor list. 11.16 THIRD PARTY BENEFICIARIES. Neither SUBGRANTEE nor COUNTY intend to A:\newagree26thyrTamaracdbggov.wpd Rev. May 22, 2000 -17- 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. 11.17 WAIVER OF BREACH AND MATERIALITY. Failure by COUNTY 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 and SUBGRANTEE 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. 11.18 JOINT PREPARATION. COUNTY and SUBGRANTEE 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 and SUBGRANTEE 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. 11.19 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 11 of this Agreement shall prevail and be given effect. Where there is a conflict between any provision set forth within 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. 11.20 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. 11.21 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 A:\newagree26thyrTamoracdbggov.wpd Rev. May 22, 2000 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. 11.22 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. 11.23 SUCCESSION OF AGREEMENT. This Agreement and the rights and obligations contained herein shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, where permitted by this Agreement. 11.24 SURVIVAL. Any rights either party may have in the event it terminates this Agreement pursuant to the terms hereof shall survive such termination. 11.25 FURTHER ASSURANCE. SUBGRANTEE and COUNTY 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. 11.26 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. 11.27 WAIVER OF CLAIMS. SUBGRANTEE hereby waives any claim against COUNTY, 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. 11.28 CUMULATIVE RIGHTS. All rights and remedies of COUNTY 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 to promptly exercise any of its rights shall not operate to forfeit or be treated as a waiver of any such rights. 11.29 SPECIFIC PERFORMANCE. SUBGRANTEE 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 proper jurisdiction. 11.30 UNCONTROLLABLE FORCES. Neither COUNTY nor SUBGRANTEE 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, A: \newag ree26thyrTama raedbggov.wpd Rev. May 22, 2000 -19- 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. 11.31 EXECUTION AUTHORITY. The individuals executing this Agreement on behalf of SUBGRANTEE personally warrant that they have full authority to execute this Agreement on behalf of SUBGRANTEE for whom they are acting herein. A:\newagree26thyrTamaracdbggov.wpd Rev. May 22, 2000 -20- 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 , signing by and through its WITNESSES: Approved as to Insurance Requirements: in Risk Management Division , duly authorized to execute same. COUNTY BROWARD COUNTY, through the BROWARD COUNTY ADMINISTRATOR LO-J County Administrator day of 19 Approved as to form by Office of County Attorney Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 County Attorney A:\newagree26thyrTamaracdbggov.wpd Rev. May 22, 2000 -21- IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature, the CITY OF TAMARAC through its City Manager and its City Commission signing by and through its Mayor, Joe Schreiber, duly authorized to execute the same. ATTEST: Marion Swerii!on, CIVIC City Clerk Dater 7—/ -22- CITY OF TAMARAC By: Q:�� oe Schreiber, Mayor Date: / &z- IQ I - , By: � /_ �T .`•� ,z/ Jeffr L. Aller, City Manager Date: roved as to form and legal citncy: / %J Mitchell S. Krafft, City Attorney STATE OF FLORIDA :SS COUNTY OF h60Wdjk Before me personally appeared . S,gwdex 11-�eA#X�M- o me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this ZZ day of -Ti ,v&(44 , 2001. clu'o a - G� NOT Y PUBLIC, State of Florida At Large Print or Type Name of Notary My Commission Expires: (—I'Pe rsonally known to me ( )Produced Identification pFFICWLNOTARYSEAL JUNEAwHME take an oath, or ( - Uld Not take an oath. r I ARY PUBLIC STATE OF FLORIDADid coMMrssloN No. ccrysnoY COMMISSION EXP. SEPT 15 -23- EXHIBIT "A" PROJECT DESCRIPTION [Give a detailed description of the work/project to be funded by this Agreement, including a legal description of the property, where applicable.] Through the support of Community Development Block Grant Funds administered by the Community Development Division of Broward County, the City of Tamarac is proposing to develop and implement a Senior Center Program to be located at the newly constructed Tamarac Community Center. The Senior Center Program will offer a comprehensive range of services specifically oriented to the needs and interests of senior citizens ages 60+, weekdays from the hours of 8:OOAM to 4:OOPM. The program will include: Social activities; dances, movies, cards & games Classes; arts & crafts, dance, current events, exercise, computers Health Screenings; blood pressure, hearing, vision, and memory Nutrition Program: daily hot noon meal offered through Broward Meals on Wheels Support Group Counseling; Parkinson's, stroke, visually impaired and bereavement Health & Fitness Program; exercise and sport activities, lectures and workshops, Broward County Senior Games Transportation; Tamarac Paratransit and Tamarac Transit for access to center; trips to cultural, social and recreational activities Senior Club; provide input on programming and events for Senior Center Gymnasium, computer lab, game room and art room will be regularly scheduled for "open" undirected activity. Recreation and Social Services staff will develop and implement the program activities. Partnerships with community organizations and agencies will enhance program diversity by supplying expertise in many areas; health, law enforcement, cultural arts. EXHIBIT "B" COSTS/BUDGET FOR PROJECT INSTRUCTIONS: For each cost category (personnel, fringe, etc.) enter the proposed amount necessary to complete the project. Please refer to "Allowable Cost for H.U.D., Share of Budget", Exhibit "B" (continued)". EXHIBIT "B" (Continued) BUDGET NARRATIVE INSTRUCTIONS. The budget narrative must be attached to this Exhibit. The budget narrative statement should provide a detailed justification for each cost category shown on this Exhibit. The budget narrative should identify non-CDBG resources to be utilized in financing the project. Also, specify the costs for which funding is being requested and the costs to be covered by non-CDBG resources. EXHIBIT "B" BUDGET NARRATIVE CDBG Funding A. Personnel and hours assigned to this project 1) Community Center Site Supervisor 18 hrs. weekly x 52 weeks @ $19.22 ($17,990.00) 2) Recreation Coordinator 40 hrs. weekly x 52 weeks @ $15.74 ($32,740.00) 3) Recreation Assistant 21 hrs. weekly x 52 weeks @ $9.92 ($10,833.00) 4) Facility Attendant 10 hrs. weekly x 52 weeks @ $10.11 ($5,257.00) 5) Office Specialist 20 hrs. weekly x 52 weeks @ $12.50 ($13,000) 6) Maintenance Worker 1 20 hrs. weekly x 52 weeks @ $13.30 ($13,835.00) 7) Information & Referral Specialist 26 hrs. weekly x 52 weeks @ $14.86 ($19,685.00) 8) Transportation Supervisor 10 hrs. weekly x 52 weeks @ $14.23 ($7,400.00) 9) Transportation Dispatch 10 hrs. weekly x 52 weeks @ $10.39 ($5,400.00) 10) Paratransit 30 hrs. weekly x 52 weeks @ $11.27 ($17,581.00) 11) Transit 30 hrs. weekly x 52 weeks @ $9.45 ($14,742.00) B. Fringe Benefits equal 30% of Personnel, or $47,539.00 E. Supplies Office Supplies $ 2,990.00 First Aid 90.00 Janitorial 1,450.00 Other 6,999.00 Senior Program 3,400.00 Social Service Program 5,045.O0 $19,974.00 CDBG Funding (continued) H. Other Telephone Electricity Water & Sewer Copier EXHIBIT "B" BUDGET NARRATIVE (Continued) $ 753.00 15,345.00 1,283.00 860.00 $ 18,241.00 Non CDBG Resources - Ci of Tamarac L* 149 1) Parks and Recreation Director 2 hrs. weekly x 52 weeks @ $36.56 per hour ($3,802.00) 2) Recreation Superintendent 9 hrs. weekly x 52 weeks @ $21.43 per hour ($10,029.00) 3) Administrative Coordinator 5 hrs. weekly x 52 weeks @ $18.92 ($4,918.00) 4) Finance Dept. - Audit as required - $3,000.00 Fringe Benefits equal 30% of Personnel, or $5,625.00 Construction - $4.7 million construction budget prorated for amount of building space used by Senior Center Program. EXHIBIT 18" (Continued) Allowable Cost for H.U.D. Share of Budaet Federal cost principles for grants and contracts with state and local governments are stated in OMB Circular A-87. This document is an extensive and somewhat complicated series of principles governing the allowability of various types of costs under federal grants and contracts. General information concerning the cost principles is summarized below: The following types of costs are specifically unallowable: (A) Advertising costs other than those associated with recruitment of personnel and the solicitation of bids for goods and services. (B) Bad debts. (C) Contingencies. (D) Contribution and donations. (E) Entertainment. (F) Fines and penalties. (G) Interest. (H) Losses on other grants or contracts. Most other categories of cost are generally allowable under the cost principles provided the costs are allowable and reasonable. General comments on individual cost elements are listed below: Salary costs are generally allowable provided they are based on actual current salaries adjusted for any anticipated cost -of -living or merit increases during the grant period. Salary costs for unidentified new employees must be consistent with the organization's overall employee compensation structure. The organizational compensation policy should not change as a result of obtaining a federal grant. Fringe Benefit costs such as pay for vacations, holidays, sick leave, employee insurance, and unemployment benefits are allowable to the extent required by law or established organizational policy. EXHIBIT "B" Continued Travel costs consistent with established organizational policy are generally allowable_ The difference between first class and coach airfare is specifically unallowable. In the absence of established organizational travel policy, it is a good practice to adopt policies consistent with the federal travel regulations. E ui ment costs should be based on the least cost method of acquisition (rent, purchase, lease with option to buy) over the grant period as demonstrated by competitive bidding. Equipment costs are only allowable to the extent the equipment is directly necessary to accomplish the grant. The cost of equipment not fully utilized under the grant must be allocated to other organization costs to assure a fair share distribution. Whenever practical, used equipment should be considered in meeting equipment needs. Material cost directly associated with the project are allowable. Prices must generally be justified through competitive bids except for nominal purchases. Subcontracts must be awarded on a competitive basis except in extraordinary circumstances. The same principles applicable to individual cost principles for grantees are generally applicable cost -reimbursement type subcontracts under grants. Consultant agreements should include a certification by the consultant that the consultant rate is equal to or less than the lowest rate the consultant accepts for comparable work. Additionally the Congress has prohibited the salary component of consultant fees under H.U.D. Grants not to exceed the applicable approved rate schedule. Construction costs include construction of new buildings, structures, or other real property as well as alteration or repair of existing structures. Construction costs should be supported by detailed cost estimates and competitive bidding. Consult with the Community Development Compliance Officer on applicability of the Davis -Bacon Wage determination to this project. Other costs include all types of direct costs not specified above. Normally, such costs include space, telephone, utilities, printing, and other basic operating expenses. Leverage is that which the municipality or non-profit organization brings to the project. It may be in the form of services or contributed operating expenses (in -kind contributions) or cash support from the organization itself or from other sources. EXHIBIT "C" TIMETABLE/SCHEDULE FOR PROJECT WORK TASKS Design and Build Community Center Develop Senior Center Program TIMETABLE START-UP COMPLETION 9/1 /98 9/18/2000 10/1 /99 9/30/2000 Implement Program Activities 10/1/2000 9/30/2001 EXHIBIT "D" MONTHLY PROGRESS REPORT Period Covered: to A. Project Information Date of Report: Agency: Person Preparing the Report: Title: B.1(a) Signature: Project Title and Number: Project Start-up Date: Project Completion Date: Amended Completion Date: _ Project Cost Funds Expended To Date Percentage Total Project $ $ % CDBG Funding $ $ Funding $ $ (Specify Source) B.1(b) Declaration of Agency Budget Changes Program Income: Source of Program Income: C. 2. Describespecific work tasks and qualified accomplishments comi2leted this month: Task Qualified Accomplishments This Month C.3. Describe success or problems encountered with the project: CA. Anticipated_ problems or concerns with project. Please identify technical assistance needed and/or requested from Community Development staff. C.S. Anticipated_ advertisements and/or other contractual services. If so, has 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. EXHIBIT "D" (Continued) BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION MONTHLY PROGRESS REPORT D. Program Objective Work Task' Projected Monthly Progress Supporting Yearly Total / Progress Yeah -To- Documentation 'Performance Date rl WcomdeO/caf#21. exh 08/31 /98 O LL O a w H LL W z Mw W V w w rd, L d z 0 0 4- a c d d a CD E H W = d z `0 , o . 21 •, e� a z w'© AL .0 C,t ev y O i Z G t� Jir 3 � G � 'a u G Lo as a u H s a� r EXHIBIT "D" (Continued) BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION MONTHLY PROGRESS REPORT D. Program Objective Work Tasks Develop and Implement: Fitness Classes Dances Health Screenings Open Gym Walk Program Arts & Crafts Project Daily Open Game Room Projected Monthly Yearly Total / Progress Performance 48 classes/960 participants 24 dances/1200 participants 48 screens/960 participants 96 open gyms/1920 participants 48 classes/480 participants 240 days/2400 participants Progress I Supporting Year -To- Documentation Date Projected Monthly Progress Supporting Yearly Total / Progress Year -To- Documentation Performance I I Date Computer Instruction 96classes/1728 participants Senior Socials 12 socials/600 participants Support Groups 12 groups/12 Participants Open Computer Lab 96 12bs/3465 participants Nutrition Program 240 days/6000 Participants 144 Video Program sessions/1440 participants Outside Trips 24 trips/480 participants Transportation to Center 720 (Paratransit) passengers Transportation to Center 1200 (Transit) passengers r1k/c0mdev3/cafK21. exh 08/31 /98