HomeMy WebLinkAboutCity of Tamarac Resolution R-77-125F
Proposed by: Temp. #810
Introduced by j
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R 77-/ 2 S
A RESOLUTION DIRECTING THE MAYOR, CITY MANAGER
AND CITY CLERK TO EXECUTE A COOPERATION AGREEMENT
WITH BROWARD COUNTY TO PARTICIPATE FOR A THIRD YEAR
IN THE BROWARD COUNTY COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM.
WHEREAS, the City Council desires to enter into a Cooperation
Agreement with Broward County to participate in the Broward County
Community Development Block Grant Program for a third year, and
WHEREAS, the City Council is desirous of executing such a
document.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the terms of the Agreement attached hereto
as Exhibit (A) and incorporated herein by reference be and they
are hereby approved by the City Council of the City of Tamarac.
SECTION 2: The Mayor, City Manager and City Clerk are hereby
directed to execute said agreement on behalf of the City of Tamarac.
PASSED, ADOPTED AND APPROVED this day of 1977.
MA R
ATTEST:
6 � " - '-, " y
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CI CLERK
I HEREBY CERTIFY that I have
approved the form and correctness
of this Resolution.
RECORD OF COUNCIL VOTE
MAYOR W. FALCK
V/M H. MASSARO
CJM M. WEINBERGER
CIM 1. M. DISRAELLY
C/M M. KLIKA
A G R E E M E N T
Between
BROWARD COUNTY
and
THE CITY OF TAMARAC, FLORIDA
PROVIDING FOR THE
FUNDING AND ADMINISTRATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS
THIRD YEAR
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A G R E E M E N T
Between
BROWARD COUNTY
and
THE CITY OF TAMARAC, FLORIDA
PROVIDING FOR THE
FUNDING AND ADMINISTRATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS
THIRD YEAR
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
THE CITY OF TAMARAC, FLORIDA, a municipal corporation
existing under the laws of the State of Florida, its successors
and assigns, hereinafter referred to as "CITY."
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 CITY hereby agree as follows:
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ADM-rr1T U T
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.
1.1 ASSURANCES
The term "ASSURANCES" as used herein shall mean those assur-
ances made by the CITY to the COUNTY.
1.2 BROWARD COUNTY COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM OR PROGRAM
Whenever used herein the terms "BROWARD COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM," or "Program" shall mean
the Community Development Program applied for by Broward
County and awarded by the U. S. Department of Housing and
Urban Development as authorized pursuant to Title I, Housing
and Community Development Act of 1974, Public Law 93-383, 42
U.S.C., Section 5301.
1.3 COUNTY
Whenever used herein the term "COUNTY" shall mean Broward
County, Florida, a political subdivision of the State of
Florida.
1.4 GRANTEE
Whenever used herein the term "GRANTEE" shall mean Broward
County, Florida, as Grantee of the Broward County Community
Development Block Grant Program.
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1.5 CITY
Whenever used herein the term "CITY" shall mean the City of
Tamarac, Florida, a municipal corporation.
1.6 H.U.D.
The term "H.U.D." as used herein shall mean the U.S.Depart-
ment of Housing and Urban Development.
1.7 PROJECT
The term "PROJECT" as used herein shall mean a portion of the
Broward County Community Block Grant Program specifically con-
cerning the following project:
1.7.1 Development and improvement of a CITY -owned park
located at 7500 University Drive consistent with
the CITY'S master plan.
1.8 SUB -GRANTEE
Whenever used herein the term "SUB -GRANTEE" shall mean
the CITY as sub -grantee for the projects included in
the Broward County Community Development Block Grant
Program.
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ARTICLE II
In order to establish the background, context and frame of
reference for this Agreement and to manifest the objectives and
the intentions of the respective parties herein, the following
statements, representations and explanations are set forth. Such
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 for the purpose of allow-
ing 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 cities of Broward County participat-
ing in the Community Development Block Grant Program, Broward
County, the Community Development Advisory Council and the
Countywide Citizens Coalition.
2.2 Pursuant to Section 570.200(a) of the Rules and Regulations
of the Department of Housing and Urban Development, 39 FR
40142, the projects were included in Broward County's
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community Development Block Grant application for submission
to H.U.D. The purpose of including such projects within
Broward County's application was to provide funding for the
development and the improvement of a CITY -owned park located
at 7500 University Drive, consistent with the CITY'S master
plan. It was determined that this project would increase
the quality of the living enviornment of the residents of
low and moderate income areas.
2.3 The County secured A-95 approval for its program from the
Broward County Planning Council, South Florida Regional
Planning Council and the State of Florida. Subsequently,
Broward County submitted the program to H.U.D. for approval
and funding. H.U.D. approved the program and authorized the
expenditure of $5.883 Million which included the following
amount for the respective project:
2.3.1 $35,000.00 for development and improvement of a
CITY -owned park located at 7500 University Drive
consistent with the CITY'S master plan.
2.4 The COUNTY is presently able to make disbursements to the CITY
in the amount of thirty-five thousand dollars ($35,000.00)
pursuant to'the terms and conditions of this Agreement.
2.5 Under the Rules and Regulations of H.U.D., the COUNTY is
Administrator for the program and is mandated to comply with
various statutes, rules and regulations of the United States,
as to the allocation and expenditure of funds as well as
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protecting the interests of certain classes of individuals
who reside in Broward County.
2.6 COUNTY is desirous of disbursing the funds to the CITY.
However, as Administrator for the program, COUNTY desires to
obtain the assurance from the CITY that the CITY will comply
with the statutes, rules and regulations of the United
States and the State of Florida relating to the projects and
the program, as a condition precedent to the release of such
funds to the CITY.
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ARTICLE III
AUTHORITY
3.1 This Agreement is entered into pursuant to Section
125.01 (1) (p), Florida Statutes.
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ARTICLE IV
DEVELOPMENT AND IMPROVEMENTS OF A CITY -OWNED PARK
4.1 CITY agrees to develop and to improve a CITY -owned park
located at 7500 University Drive consistent with the
CITY'S master plan. The project and the work shall include
the installation of outdoor electric lighting for two (2)
currently existing ball fields.
4.1.1 The total amount that may be invoiced for the
development and the improvement shall not exceed
thirty-five thousand dollars ($35,000.00).
4.2 CITY agrees that this project shall be accomplished and com-
pleted in strict accordance with the laws, rules and regula-
tions of the United States, the State of Florida, the COUNTY
and the CITY.
4.3 CITY agrees that if a contract or contracts are awarded for
the purpose of improvement or renovation, such contracts
shall be bid pursuant to the provisions of the Charter, Code,
the Ordinances of the CITY and the Regulations of H.U.D. as
relates to Title I of the Housing and Community Development
Act of 1974, P.L. 93-383. The CITY shall provide the COUNTY
with a copy of its bid specifications prior to advertisement
and after bid awards.
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ARTICLE V
PROCEDURES FOR INVOICING AND PAYMENT
5.1 CITY shall invoice the COUNTY monthly on the following basis:
5.1.1 The CITY shall provide the COUNTY with a certified
copy of the bid awards, if necessary, authorizing
the work to be done on the projects.
5.1.2 The CITY shall describe the project services it has,
or has been provided,.
5.1.3 CITY shall submit a certified copy of the purchase
order authorizing the services for which it is invoicing.
5.1.4 If the CITY has awarded a contract to an independent
contractor to perform project services, CITY shall submit a
certified copy of the contractor's invoice stating the services
rendered and the date the services were rendered.
5.1.5 The CITY administrator or his authorized representa-
tive shall certify that the work that is being in-
voiced for has been completed.
5.1.6 In addition, the CITY shall provide the COUNTY with
monthly progress reports stating the following:
5.1.6.1 The description of the services contracted
for and rendered.
5.1.6.2 The percentage of work completed to date.
5.1.6.3 A description of the remaining portions of
the project to be completed.
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5.1.6.4 The expected completion date of the project.
5.1.6.5 A statement of the amount of money expended
and obligated to date pursuant to each pro-
ject and the dollar amount remaining to be
expended pursuant to the budget for each
project.
5.1.6.6 A general description of the success or
problems encountered with the projects.
5.2 Upon receiving the invoices, reports and other materials as
described by Section 5.1, the Community Development
Planning Division shall audit such bid awards, contracts,
reports and invoices to determine whether the items invoiced
for have been completed and that the invoiced items are
proper for payment.
5.3 Upon determination by the Community Development Planning
Division that the services or material invoiced for have
been received or completed, the Community Develop-
ment Planning Division shall authorize the Broward County
Department of Finance, Division of Comptroller, to make
payment to the CITY the amount it determines pursuant
to the audit to be payable.
5.4 CITY agrees to notify the Community Development Planning
Divison of the date that work on the projects will be
initiated, so periodic inspections may be performed
from time to time by the COUNTY.
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5.5 CITY agrees to commit or expend the funds allocated to the
projects by June 30, 1978. All funds not committed or ex-
pended by June 30, 1978, shall remain in the custody and
control of the COUNTY.
5.6 CITY and COUNTY agree that all notices required by this
Agreement, shall be in writing and delivered by U.S. Mail,
by messenger or personally delivered to the office of the
Chief Administrative Officer or duly authorized representa-
tive of the CITY or COUNTY as specified herein:
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CITY
Walter W. Falck, Mayor
The City of Tamarac
5811 N.W. 88th Avenue
Tamarac, Florida
COUNTY
L. A. Hester, County Administrator
Board of County Commissioners
Room 248, 201 S.E. 6th Street
Broward County Courthouse
Fort Lauderdale, Florida 33301
AND
William F. Carey, Jr., Director
Division of Community Development Planning
605 S. W. 26th Street
Fort Lauderdale, Florida 33315
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ARTICLE VI
ASSURANCES
i 6.1 CITY agrees to comply with the provisions of Section 202,
Executive Order 11246 and with the guidelines for applicants
on equal opportunity obligations for community development
block grants in regard to construction contracts.
6.2 During the performance of this Agreement, the CITY agrees to
attach to all purchase orders, contracts and sub -contracts
issued pursuant to this agreement, the specifications con-
tained in Exhibit "A" attached hereto and made a part hereof.
6.3 CITY agrees that it will comply with the following assurances:
6.3.1 Title VI of the Civil Rights Act of 1964 (P.L.88-352)
and in accordance with Title VI of that Act, 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 the sub -grantee
receives Federal financial assistance and will im-
mediately 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 the sub -
grantee, this assurance shall obligate the sub -
grantee, or in the case of any transfer of such
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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.
6.3.2 Title VIII of the Civil Rights Act of 1968, (P.L.
90-284) as amended, and will administer all programs
and activities relating to housing and community de-
velopment in a manner to affirmatively further fair
housing.
6.3.3 Section 109 of the Housing and Community Development
Act of 1974 and in conformance with all requirements
imposed by or pursuant to the Regulations of the De-
partment (24 CFR Part 570.601) issued pursuant to
that Section; and in accordance with that Section, no
person in the United States shall on the ground of
race, color, national origin or sex, be excluded from
participation in, be denied the benefits of, or be
subjected to discrimination under, any program or
activity funded in whole or in part with the community
development funds.
6.3.4 Sub -grantee hereby assures and certifies that it will
comply with the regulations, policies, guidelines and
requirements of OMB circular A-95 and that it will
comply with the regulations, policies, guidelines and
requirements of Federal management circulars 74-4 and
74-7, as they relate to this Agreement, acceptance and
use of Federal funds for this Federally assisted project.
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6.3.5 Section 3 of the Housing and Urban Development Act
of 1968, as amended, requiring that to the greatest
extent feasible opportunities for training and em-
ployment be given lower income residents of the
project area and contracts for work in connection
with the project be awarded to eligible business
concerns which are located in, or owned in substan-
tial part by persons residing in the area of the
project.
6.3.6 Executive Order 11063 on equal opportunity in
housing.
6.3.7 Sub -grantee will give the COUNTY, H.U.D., and the
Comptroller General, through any authorized repre-
sentative, access to and the right to examine all
records, books, papers, or documents relating to
the project.
6.3.8 Provide fair and reasonable relocation payments and
assistance in accordance with Sections 202, 203,
and 204, of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act (P.L.91-646)
and applicable H.U.D. regulations, to or for families,
individuals, partnerships, corporations or associa-
tions displaced as a result of any acquisition or
real property assisted under the program.
6.3.9 Provide relocation assistance programs offering the
services described in Section 205 of P.L.91-646 to
such displaced families, individuals, partnerships,
corporations or associations in the manner provided
under applicable H.U.D. regulations.
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6.3.10 Assure that, within a reasonable time prior to dis-
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placement, decent, safe, and sanitary replacement
dwellings will be available to such displaced
families and individuals in accordance with Section
205(c)(3) of P.L.91-646.
6.3.11 Inform affected persons of the benefits, policies,
and procedures provided for under H.U.D. regula-
tions.
6.3.12 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 dis-
placed persons regardless of race, color, religion,
or national origin.
6.3.13 In acquiring real property in connection with the
community development block grant program, be
guided to the extent permitted under State law, by
the real property acquisition policies set out
under Section 301 of the Uniform Relocation
Assistance and Real Property Acquisition Policies
Act and the provisions of Section 302 thereof.
6.3.14 Pay or reimburse property owners for necessary ex-
penses as specified in Sections 303 and 304 of the
Uniform Relocation Assistance and Real Property Ac-
quisition Policies Act.
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6.3.15 Inform affected persons of the benefits, policies,
and procedures provided for under H.U.D. regulations.
6.3.16 The sub -grantee will comply with the provisions of
the Hatch Act which limit the political activity
of employees.
6.3.17 It will comply with the provisions of Executive
Order 11296, relating to evaluation of flood
hazards, and Executive Order 11128, relating to
the prevention, control, and abatement of water
pollution.
6.3.18 The sub -grantees officers:
6.3.18.1 Will consent to assume the status of
responsible Federal officials under the
National Environmental Policy Act of
1969 insofar as the provisions of such
act apply pursuant to this Part.
6.3.18.2 Are authorized and will consent on be-
half of the CITY and himself to accept
the jurisdiction of the Federal courts
for the purpose of enforcement of his
responsibilities as such an official.
6.3.19 It will establish safeguards to prohibit employees
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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.
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prevailing wage decisions shall, according to H.U.D.
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6.3.20
It will comply with all requirements imposed by
H.U.D. concerning special requirements of law,
program requirements, and other administrative
requirements approved in accordance with Federal
Management Circular 74-7.
6.3.21
The CITY agrees to indemnify and save harmless the
COUNTY from or on account of any injuries, damages,
omissions, commissions, actions or causes of actions
accruing as a result of services performed, or not
performed, pursuant to the projects contained in
this Agreement. Sub -grantee shall be liable, in-
demnify, defend and hold harmless the COUNTY from
all claims, suits, judgments or damages arising from
the services or lack of services provided pursuant to
this Agreement.
6.3.22
If CITY lets bids for contracts to complete any pro-
jects herein, CITY agrees that it will abide by the
Federal Labor Standards Provisions attached hereto
and made a part hereof as Exhibit "B" in accordance
with the HUD Handbook on Labor Standards Administra-
tion and Enforcement, as Amended.
6.3.23 If CITY contemplates the letting of bids to complete
any projects herein, it agrees to comply with the
current prevailing wage decisions issued by the
Secretary of the U. S. Department of Labor applic-
able at the time of advertising the said project for
bids. In addition, CITY agrees that such current
prevailing wage decisions shall, according to H.U.D.
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rules and regulations, be included in all contract
specifications. CITY agrees that such applicable
wage decisions shall, according to H.U.D. rules
and regulations, be included in contract specifi-
cations and advertised specifications. In any
event, the CONTRACTOR shall pay the Federal Davis -
Bacon wage rate or the State of Florida Minimum
Wage Rate, whichever is higher, but in either in-
stance, applicable fringe benefits must be added
to the prevailing hourly rate.
6.3.24 The CITY 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 at
or subsequent to the execution of this Agreement
by the parties hereto.
6.3.25 The CITY shall provide COUNTY with a certificate
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indicating a full description of the CITY'S Af-
firmative Action Plan or Program subsequent to
the execution of this Agreement, but prior to the
commencement of any action by the CITY in conse-
quence of the terms and conditions hereof.
ARTICLE VII
MISCELLANEOUS
7.1 It is understood and agreed that this document incorporates
and includes all prior negotiations, correspondence, con-
versations, agreements or understanding applicable to the
matters contained herein and that 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.
7.2 It is further agreed that no modification, amendment or
alterations 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.
7.3 This document shall be executed in four (4) counterparts,
each of which shall be deemed to be an original.
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IN WITNESS WHEREOF, the parties hereto have made and
executed this Agreement on the respective dates under each
signature: BROWARD COUNTY through its BOARD OF COUNTY COMMIS -
SIGNERS, signing by and through its Chairman, authorized to
execute same by Board action on the day of 0444,� ,
19�1, and signing by and
through ,�,, /�1% of the
duly authorized to execute same.
COUNTY
ATTEST:
County Administrator and Ex-
Officio Clerk of the Board of
County Commissioners of
Broward County, Florida
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BR WARDfCOUNTY, through its
BOARD OF COUNTY COMMISSIONERS
S
By s
Its Chairman
0_ day of ,7t- , 19%7
This document prepared by
Office of General Counsel
for Broward County, Florida
BETTY LYNN LEE, General Counsel
Room 248, Courthouse
Fort Lauderdale, Florida 33301
By LZy! — - • �
Samuel S. Goren
Assistant General Counsel
1
CITY
WITNESS:
WITNESS:
CITY -ATTORNEY I
i
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this Agreement.
CITY OF TAI�j4RAC, FLORIDA
Its
day of 1g�7
v
BY
Walter W...'afck Mayor
day of E_ -1. , 19
ATTEST:
C��r�Laura S rmans4,CC-i �tClerk
SSG:ed
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