R24-012 RESOLUTION R24-012
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE USE OF $236,500 OF THE
5 CITY'S STATE HOUSING INITIATIVES AND PARTNERSHIP (SHIP)
6 PROGRAM FUNDS TOWARD THE REHABILITATION OF THE
7 PROPERTY LOCATED AT 2385 SW 13 WAY BOYNTON BEACH, FL
8 33426 AND AUTHORIZING THE MAYOR TO SIGN A
9 SUBRECIPIENT AGREEMENT WITH HABITAT FOR HUMANITY OF
10 GREATER PALM BEACH COUNTY, INC., TO COMPLETE THE
11 REHABILITATION OF THE PROPERTY; AND PROVIDING AN
12 EFFECTIVE DATE.
13
14 WHEREAS, the City's SHIP Local Housing Assistance Plan (LHAP) offers income-eligible
15 homeowners housing rehabilitation assistance for needed repairs, accessibility/architectural
16 barriers, and hurricane mitigation; and
17 WHEREAS, Rehabilitation is defined as the repairs and/or improvements needed for
18 safe and sanitary habitation and/or correction of substantial code violations, both interior and
19 exterior; and
20 WHEREAS,the property located at 2385 SW 13 Way Boynton Beach, FL 33426, belongs
21 to Michael Thomas Hanlon, a disabled veteran who is eligible for the SHIP Rehabilitation
22 program as a very low-income individual, with a household of one (1) with an annual gross
23 income of $23,683.43; and
24 WHEREAS, the City Commission has determined that it is in the best interests of the
25 residents of the City to approve Staff's recommendation to use $236,500 of the City's State
26 Housing Initiatives and Partnership (SHIP) Program funds toward the rehabilitation of the
27 property located at 2385 SW 13 Way, Boynton Beach, FL 33426; and authorize the Mayor to
28 sign a subrecipient agreement with Habitat for Humanity of Greater Palm Beach County, Inc.
29 to complete the rehabilitation of the property.
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
31 BOYNTON BEACH, FLORIDA, THAT:
32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
33 being true and correct and are hereby made a specific part of this Resolution upon adoption
34 hereof.
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35 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
36 approve and authorize the use of 236,500.00 of the City's State Housing Initiatives and
37 Partnership (SHIP) Program funds toward the rehabilitation of the property located at 2385 SW
38 13 Way Boynton Beach, FL 33426; and authorize the Mayor to sign a subrecipient agreement
39 with Habitat for Humanity of Greater Palm Beach County, Inc. to complete the rehabilitation of
40 the property. A copy of the Agreement is attached hereto and incorporated herein as Exhibit
41 "A."
42 Section 3. This Resolution will become effective immediately upon passage.
43 PASSED AND ADOPTED this 16th day of January 2024.
44 CITY OF BOYNTON BEACH, FLORIDA
45 YES NO
46
47 Mayor-Ty Penserga ✓
48
49 Vice Mayor-Thomas Turkin ✓
50
51 Commissioner-Angela Cruz
52
53 Commissioner-Woodrow L. Hay
54
55 Commissioner-Aimee Kelley V
56
57 VOTE 5:1)
58
59 ATTEST:
601 ��� �lLtil7 w►�, / �`�
62 Tammy Sta lone, CM Ty
63 Deputy City Clerk -
�pYNTolv‘, May,
64 �O�;% RqT• .6'
65 :j.�• SEAL 153 '1 APPROVED AS TO FORM:
66 (Corporate Seal)
67 INCORPORATED: ; � /• ��
68 �.,••1920••;� ; �� 'la/v�
69 ``% FLORION: Shawna G. Lamb
70 City Attorney
71
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CITY OF BOYNTON BEACH
STATE HOUSING INITIATIVES PARTNERSHIP(SHIP) PROGRAM
HOUSING REHABILITATION PROGRAM
SUBRECIPIENT AGREEMENT
THIS AGREEMENT is made on thistday of��p_ytuto.=-¢a between the City of Boynton Beach,a municipal
corporation of the State of Florida,whose address is 100"E. Ocean Avenue, Boynton Beach, Fl 33435,
(hereinafter referred to as "City")and Habitat for Humanity of Greater Palm Beach County,Inc., a private non-
profit corporation under the laws of Florida,whose mailing address is 6758 N Military Trail, Suite 301,Riviera
Beach,FL 33407,(hereinafter referred to as"SUBRECIPIENT").
WHEREAS,the City is the recipient of State Housing Initiatives Partnership(SHIP) funds from the State
of Florida through the Florida Housing Finance Corporation;and
WHEREAS,Housing Rehabilitation Program assists income eligible owner-occupied homeowners with
needed repairs,accessibility/architectural barriers and hurricane mitigation. Rehabilitation is defined as the
repairs and/or improvements needed for safe and sanitary habitation,and/or correction of substantial code
violations both interior and exterior.
WHEREAS,Housing Rehabilitation subsidy is an eligible activity under SHIP regulations and the City
desires to use SHIP funding for Housing Rehabilitation subsidy to serve income eligible individuals; and
WHEREAS,the City is entering into a SUBRECIPIENT agreement with Habitat for Humanity of
Greater Palm Beach County, Inc.,as the agency to assist in part with the City's- SHIP,Housing Rehabilitation
Program for the time period described on SECTION 4 of this agreement; and
WHEREAS,the SUBRECIPIENT is a non-profit organization who was selected by the City, and is
qualified to perform the various duties described SHIP Housing Rehabilitation Program and implementation
activities needed for a successful program or project; and
WHEREAS,based upon this agreement the SUBRECIPIENT, is to perform the services consistent with
the terms,conditions and requirements of this agreement,attached hereto and made a binding part hereof,and as
further described herein.
NOW,THEREFORE in consideration of the mutual covenants and obligations therein contained,
including the attachments,and subject to the terms hereinafter stated,the Parties hereto understand and agree as
follows:
SECTION 1 -RECITALS.
The above recitals are true and correct and specifically incorporated herein,forming a material part of the
Agreement.
SECTION 2-DEFINITIONS.
a) "Administrator" means the SHIP Program Administrator of the City,which shall act on behalf of
the City in the funding and programmatic control of this Agreement.
b) "Approval by the City"or like term means written approval by the SHIP Administrator,Financial
Services Director,City Manager or the City Council as may be required from time to time.
c) "Area Median Income(AMI)"is the household income for the median or middle household in the
region which is the Palm Beach County statistical area shall mean Program participants must be
at or below 120 percent of AMI to be eligible for participation in Housing Rehabilitation Program
activities.
d) "Parties" shall mean both the City and the SUBRECIPIENT.
e) "Program" is hereby defined as the SHIP Housing Rehabilitation Strategy and as adopted in the
City's 2021-2024 SHIP Local Housing Assistance Plan.
f) "Program Participant"means an individual or family with or without children that is eligible to
receive SHIP Housing Rehabilitation assistance.
g) "SUBRECIPIENT" shall mean Habitat for Humanity of Greater Palm Beach County, Inc.,with
whom this Agreement is entered, and a contract is executed.
h) "Calendar days" -All references to days in this Agreement shall mean calendar days.
SECTION 3-SCOPE OF SERVICES.
The City engages the services of the SUBRECIPIENT to undertake the eligible activities outlined in this
Agreement and the Attachments hereto(Attachment A—Scope of WorWProject Description).
SECTION 4-TERM OF AGREEMENT.
This Agreement shall commence upon execution of this agreement and end no later than June 30,2025,or until
all awarded funds have been expended.
SECTION 5-BUDGET.
The SHIP Housing Rehabilitation funds shall be used solely for the stated purposes set forth in this Agreement
and Attachment B-Project Budget.Project costs shall be paid in accordance with the budget allocations
outlined in Attachment B.All costs incurred must be fully documented. In addition,the City may require
additional detailed budget breakdown.The SUBRECIPIENT shall provide such supplementary budget
information in a timely fashion in the form and content prescribed by the City. Any amendments to the budget
must be approved in writing by both parties and be in accordance with the City's Agreement. If the SHIP funds
are not expended in accordance with the terms,conditions and time period set forth in this Agreement, or the
total amount of SHIP funds exceeds the eligible costs of the activity,the amounts improperly expended will not
be eligible for reimbursement.
SECTION 6-PAYMENT.
It is expressly agreed and understood that the total amount to be paid by the City under this Agreement shall not
exceed$236,500.00.
Request for reimbursements shall be summitted to SHIP Administrator with all expenditures,supported by
contracts, invoices,vouchers and other data as appropriate,including any reports required by the City, evidencing
costs incurred. Reimbursement of eligible expenses shall be made against the line item budgets specified in
Attachment B.herein and in accordance with performance using the Request for Payment form provided as
Attachment C. Expenses for general administration(if applicable) shall also be paid against the line item budgets
specified in Attachment B and in accordance with performance.
Payments may be contingent upon verification of eligible expenses and/or certification of the SUBRECIPIENT's
financial management system in accordance with the standards specified in Florida Statute 215.97,Florida Single
Audit Act.
SECTION 7-NOTICES.
Notices required by this Agreement shall be in writing and delivered via mail(postage prepaid),e-mail,
commercial courier,or personal delivery, or other electronic means.Any notice delivered or sent as aforesaid
shall be effective on the date of delivery or sending. All notices and other written communications under this
Agreement shall be addressed to the individual(s)in the capacities indicated below,unless otherwise modified by
subsequent written notice.
Communication and details concerning this Agreement shall be directed to the following representatives:
CITY: SUBRECIPIENT:
Dan Dugger Jennifer C.Thomason M.A
City Manager President and CEO
100 E. Ocean Avenue 6758 N Military Trail, Suite 301
Boynton Beach,FL 33435 Riviera Beach,FL 33407
DuggerD@bbfl.us Jennifer.Thomason@habitatgreaterpbc.org
SECTION 8-SUBRECIPIENT RESPONSIBILITIES.
1. SUBRECIPIENT will be responsible for providing oversight,managing and successfully completing
the housing rehabilitation project located at 2385 SW 13 Way,Boynton Beach,FL 33426. It is
expressly agreed and understood that the total amount to be paid by the City under this Agreement
shall not exceed$236,500.00.
2. SUBRECIPIENT is required to submit quarterly status reports on program status and activities by the
15th of each quarter(May 15th, September 15th,January 15t. and May 15t.)or until the project is
completed. If there is no activity for the quarter,the quarterly report should reflect"No Activity".
3. SUBRECIPIENT will adhere to SHIP regulations and the Housing Rehabilitation Program
guidelines,performance reports and administrative costs. •
4. SUBRECIPIENT shall maintain all records that are pertinent to the project cost expenditures to be
funded under this Agreement. Retention of all records pertinent to expenditures incurred under this
Agreement must be kept for five(5)years from the date of final payment.
5. SUBRECIPIENT is required to comply with all federal,state,local laws and ordinances,as deemed
appropriate.
SECTION 9-CITY RESPONSIBILITIES.
1. The City shall provide information regarding requirements for SHIP Housing Rehabilitation Program
as updates and additional information becomes available.
2. The City shall notify the SUBRECIPIENT of any changes as they become available,in SHIP
regulations or program limits that affect the project, including but not limited to income limits,
reporting requirements,etc.
3. The City will conduct monitoring visits and site inspections of work completed as grantee and
regulatory authority for the project to ensure that the program requirements established by SHIP
regulation and subsequent updates are met.The City will provide SUBRECIPIENT information
regarding such monitoring or inspection visits to assist in ensuring compliance. Inspection visits may
also include on-site inspection.
4. The City will review SUBRECIPIENT payment requests and process payment to the
SUBRECIPIENT.
Nothing contained herein shall relieve the SUBRECIPIENT of its responsibilities as provided under this
Agreement.
SECTION 10-OTHER REQUIREMENTS.
A. Independent Contractor
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating or
establishing the relationship of employer/employee between the parties.The SUBRECIPIENT shall at all
times remain an "independent contractor"with respect to the services to be performed under this
Agreement.The City shall be exempt from payment of all Unemployment Compensation,FICA,
retirement, life and/or medical insurance and Workers'Compensation insurance,as the SUBRECIPIENT
is an independent contractor, except as approved as reimbursable expenses to the SUBRECIPIENT under
this Agreement.
B. Hold Harmless
The SUBRECIPIENT agrees to defend,indemnify and hold the City and Florida Housing Finance
Corporation harmless from any and all claims,actions,suits, charges and judgments of any nature
whatsoever which may arise from the SUBRECIPIENT's performance or nonperformance of this
Agreement. The SUBRECIPIENT shall not be liable for acts of the City,its officers,agents or employees.
Nothing in this paragraph shall be construed as a waiver by the City of its right to statutory sovereign
immunity under Florida Statute §768.28.
C. Insurance and Bonding
The SUBRECIPIENT shall carry sufficient insurance coverage to protect contract assets from loss due to
theft,fraud and/or undue physical damage,and as a minimum shall purchase blanket fidelity bond
covering all employees in an amount equal to reimbursements from the City.
The SUBRECIPIENT shall also provide Workers'Compensation insurance coverage for all of its
employees involved in the performance of this Agreement.
The SUBRECIPIENT shall also provide the City,when requested by City staff,a copy of the Certificate
of Insurance.
D. Amendments
The City or SUBRECIPIENT may amend this Agreement at any time provided that such amendments
make specific reference to this Agreement,and are executed in writing,and signed by a duly authorized
representative of each organization,such amendments shall not invalidate this Agreement,nor relieve or
release the City or SUBRECIPIENT from its obligations under this Agreement. The City may, in its
discretion,amend this Agreement to conform with Federal, state or local government guidelines: policies
and available funding amounts,or for other reasons. If such amendments result in a change in the funding,
the scope of services,or schedule of activities to be undertaken as part of this Agreement, such
modifications will be incorporated only by written amendment signed by both City and SUBRECIPIENT.
E. Suspension or Termination of Agreement
1) With thirty(30)days written notice specifying the effective date,the City may suspend or terminate
this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement,
which include,but are not limited to,the following:
a) Failure to comply with any of the rules,regulations or provision referred to herein, or such
statutes,regulations,executive orders, and SHIP guidelines,policies,or directives as may
become applicable at any time;
b) Failure,for any reason,of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this Agreement;
c) Submission by the SUBRECIPIENT to the City of reports that are incorrect or incomplete in
any material respect;
d) Ineffective or improper use of funds provided under this Agreement;
e) Failure of the SUBRECIPIENT to supply the City with reports and annual audits as required by
the City herein;
f) Failure of the SUBRECIPIENT to comply with the City's corrective action plan respective to
annual independent audits required by the City herein;
g) Suspension or termination by the State of the grant to the City under which this Agreement is
made,or portion of it delegated by this Agreement;provided,however,that if the grant is
merely reduced and in the absence of any contrary State directive,the SUBRECIPIENT may
adjust its budget and recommend Agreement amendments to the City.
h) The City may also terminate, assign or transfer this Agreement when required by State
direction.
2) The SUBRECIPIENT may propose to terminate this Agreement in whole or in part for good cause
only by giving at least thirty(30)days written notice specifically stating the cause for such requested
termination.Any such request for termination shall be subject to the written approval of the City,acted
upon by the City within ten(10)days of receipt of the notice of request to terminate. The decision of
the City shall be final and conclusive,provided that such approval shall not be unreasonably withheld.
SECTION 11 -ADMINISTRATIVE REQUIREMENTS.
The SUBRECIPIENT agrees to comply with the following,as applicable,and all requirements and standards
which include but are not limited to the following:
A. Financial Management
1) Accounting Standards and Cost Principles
The SUBRECIPIENT agrees to comply with the Rules of the Auditor General Chapter 10.650
(Florida Single Audit Act Audits Nonprofit and For-Profit Organizations)and agrees to adhere to
the accounting principles and procedures required therein,utilize adequate internal controls,and
maintain necessary source documentation for all costs incurred.
2) Allowable and Allocable Costs
Costs must be necessary,reasonable and directly related to the scope of services of this Contract.
In addition,costs must be legal and proper.The budget included in Attachment B shall control
amount of allowable expenditures.
3) Documentation of Costs
All costs shall be supported by properly executed payrolls,time records,invoices,contracts,
vouchers,or other official documentation evidencing in proper detail the nature and propriety of
charges. All checks,payrolls, invoices, contracts,vouchers,orders,or other accounting
documents pertaining in whole or in part to this Agreement shall be clearly identified and readily
accessible.
B. Records-Public Records
1) Records to be Maintained
PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are
exempt from public records disclosure until thirty(30)days after the opening of the Bid unless
the City announces intent to award sooner,in accordance with Florida Statutes 119.07.
The City is a public agency subject to Chapter 119,Florida Statutes.The SUBRECIPIENT shall
comply with Florida's Public Records Law. Specifically,the SUBRECIPIENT shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY's custodian of public records,provide the CITY with a copy
of the requested records or allow the records to be inspected or copied within a reasonable time at
a cost that does not exceed the cost provided in chapter 119,Fla. Stat. or as otherwise provided by
law;
C. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and, following completion of the contract, SUBRECIPIENT shall
destroy all copies of such confidential and exempt records remaining in its possession once the
SUBRECIPIENT transfers the records in its possession to the CITY; and
D. Upon completion of the contract, SUBRECIPIENT shall transfer to the CITY,at no cost
to the CITY,all public records in SUBRECIPIENT's possession All records stored electronically
by SUBRECIPIENT must be provided to the CITY,upon request from the CITY's custodian of
public records,in a format that is compatible with the information technology systems of the
CITY.
E. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
CITY CLERK
100 E. OCEAN AVE.
BOYNTON BEACH, FL, 33435
561-742-6060 CITYCLERK(a�BBFL.US
2) Retention
The SUBRECIPIENT shall retain all financial records,supporting documents,statistical records,
and all other records pertinent to the Agreement for a period of five(5)years. The retention
period begins on the date of the submission of the City's annual performance and evaluation
report to the State in which the activities assisted under the Agreement are reported on for the
final time.Notwithstanding the above,if there is litigation,claims, audits,negotiations or other
actions that involve any of the records cited and that have started before the expiration of the
four-year period,then such records must be retained until completion of the actions and
resolution of all issues,or the expiration of the four-year period,whichever occurs later.
3) Client Data
The SUBRECIPIENT shall maintain client data demonstrating client eligibility for services
provided. Such data shall include,but not be limited to,client name,address,income level(based
from program year's HUD release income guidelines),third party verification and other basis for
determining eligibility,and description of service provided. Such information shall be made
available to City monitors or their designees for review upon request.
4) Disclosure of Client Information
The SUBRECIPIENT understands that client information collected under this contract is private
and the use or disclosure of such information is prohibited by Federal law,when not directly
connected with the administration of the City's or SUBRECIPIENT's responsibilities with respect
to services provided under this Agreement unless written consent is obtained from such person
receiving service and,in the case of a minor,that of a parent/guardian.
5) Program Close-Out
The SUBRECIPIENT's obligation to the City shall not end until all close-out requirements are
completed.Activities during this close-out period shall include,but are not limited to: making
final payments,disposing of program assets(including the return of all unused materials,
equipment,unspent cash advances,program income balances,and accounts receivable to the
City),and determining the custodianship of records.Notwithstanding the foregoing,the terms of
this Agreement shall remain in effect during any period that the SUBRECIPIENT has control
over SHIP funds,including program income.
In the event the SUBRECIPIENT does not expend the amount allocated under this Agreement or
the project is canceled, expired,assigned or terminated for any reason, any funds not claimed by
the SUBRECIPIENT and approved by the City for allowable costs by the end of the term or by
the date of cancellation,expiration, or termination of this Agreement,as the case may be,shall no
longer be payable to the SUBRECIPIENT under this Agreement.
6) Access to Records
At any time during normal business hours and as often as the City,Florida Housing Finance
Corporation and/or the State of Florida may deem necessary, SUBRECIPIENT shall make
available to the City,Florida Housing Finance Corporation and/or representatives of the State of
Florida for examination all of its records with respect to all matters covered by this Agreement.
Further,the SUBRECIPIENT shall permit the City,Florida Housing Finance Corporation,and/or
representatives of the State of Florida to audit,examine and make excerpts of transcripts from
such records,and to make audits of all contracts,invoices,materials,payrolls,records of
personnel, conditions of employment and other data relating to all matters covered by this
Agreement.
7) SUBRECIPIENT Audit Requirements:
All SUBRECIPIENT records with respect to any matters covered by this Agreement shall be
made available to the City,and the State of Florida or any of their authorized representatives,at
any time during normal business hours,as often as deemed necessary,to audit, examine, and
make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be
fully cleared by the SUBRECIPIENT within 30 days after receipt by the SUBRECIPIENT.
Failure of the SUBRECIPIENT to comply with the above audit requirements will constitute a
violation of this contract and may result in the withholding of future payments.The
SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with
current City policy concerning SUBRECIPIENT audits and 2 CFR Part 200.
a) A SUBRECIPIENT that expends$750,000 or more in federal funds is required to have
an audit in accordance with 2 CFR Part 200.514. The SUBRECIPIENT is responsible
for submitting a data collection form and reporting package to the federal clearinghouse
within nine-months of the end of the audit period. The reporting package must also be
submitted to the City. Per 2 CFR Part 200.515,the reporting package consists of:
1. Financial Statements
2. Schedule of Expenditures of Federal Awards
3. Summary Schedule of Prior Audit Findings
4. Auditor's report
5. Corrective Action Plan for current year audit findings
b) SUBRECIPIENTs that receive any public funds(federal, state,or local government
funds)are also subject to the audit requirements of Florida Statutes. An audit in
compliance with 2 CFR Part 200 will meet the audit requirements of the state of
Florida.
c) All SUBRECIPIENT audits shall be completed within 180 days after the ending date of
the SUBRECIPIENT's fiscal year. One(I)copy of each audit report shall be delivered
by the SUBRECIPIENT to the City.
d) If the SUBRECIPIENT is unable or unwilling to have an audit conducted in
accordance with 2 CFR Part 200,the City shall take one or more of the following
actions:
1. Withhold a percentage of State SHIP funds until the applicable audit is
completed satisfactorily;
2. Suspend further disbursements of SHIP funds until the audit is conducted; or
3. Terminate this Agreement in accordance with Section 10 E. Suspension or
Termination of Agreement.
SECTION 12-PARTICIPANT CONDITIONS.
A. Civil Rights and Compliance with Federal Laws
The SUBRECIPIENT agrees to comply with Title XLIV, Chapters 760-765,Civil Rights,Florida
Statutes and with:
1) Title VI of the Civil Rights Act of 1964 as amended-which provides that no person in the United
States shall on the grounds of race,color,or national origin be excluded from participation in,be
denied the benefits of,or be subjected to discrimination under any program or activity receiving
federal financial assistance.
2) Title VII of the Civil Rights Act of 1968 as amended-which provides for fair housing throughout
the United States. Kinds of discrimination prohibited include refusal to sell,rent, or negotiate,or
otherwise to make unavailable; discrimination in terms,conditions and privileges;
discriminatory advertising; false representation;blockbusting; discrimination in financing;and
discrimination in membership in multi-listing services and real estate broker organizations.
Discrimination is prohibited on the grounds of race,color,religion,sex and national origin. HUD
(and grantees)shall administer programs and activities relating to housing and urban development
in a manner affirmatively to further the policies of this Title.
3) Title I of the Housing and Community Development Act of 1974 as amended-which provides
that no person in the United States shall on the grounds 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 funds made available under this Title.
4) Section 504 of the Rehabilitation Act of 1973 -which provides that handicapped individuals may
not be excluded from participation in,be denied benefits of or be subjected to discrimination
under any program or activity receiving federal financial assistance.
5) The Americans with Disabilities Act of 1990-which provides that no person shall on the basis of
handicap,be excluded from participation in,be denied the benefits of or be subjected to
discrimination under any program or activity receiving federal financial assistance.
6) The Age Discrimination Act of 1975 -which provides that no person shall on the basis of age,be
excluded from participation in,be denied the benefits of or be subjected to discrimination under
any program or activity receiving federal financial assistance.
7) Executive Order 1 1063 as amended by Executive Order 12259-which requires equal
opportunity in housing and related facilities provided by federal financial assistance.
8) Executive Order 11246 as amended by Executive Orders 11375, 11478 and 12107-which
prohibits discrimination on the grounds of race,creed,color,sex or national origin in
employment under federally assisted construction contracts, as applicable.
B. Nondiscrimination
The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting
opportunities laws,regulations,and executive orders referenced in 24 CFR 570.607, as revised in
Executive Order I 3279.The applicable non-discrimination provisions in Section 109 of the HCDA are
still applicable.
SECTION 13 -SEVERABILITY.
If any provision of this Agreement is held invalid,the remainder of the Agreement shall not be affected thereby,
and all other parts of this Agreement shall nevertheless be in full force and effect.
SECTION 14-WAIVER.
The City's failure to act with respect to a breach by the SUBRECIPIENT does not waive its right to act with
respect to subsequent or similar breaches.The failure of the City to exercise or enforce any right or provision
shall not constitute a waiver of such right or provisions.
SECTION 15-JURY TRIAL,VENUE & ATTORNEY FEES.
Venue of all actions shall lie in Palm Beach County,Florida. Each party waives the right to a jury trial. Each party
agrees that the prevailing party shall be entitled to reimbursement of reasonable attorney fees,including court
costs, from the opposing party. For the purpose of this Agreement,reasonable Attorney fees of the City Attorney
shall be based on the fees regularly charged by a private Attorney with an equivalent number of years of
professional experience who practices in Palm Beach County,Florida
SECTION 16-ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between the City and the SUBRECIPIENT for the use of funds
received under this Agreement and it supersedes all prior or contemporaneous communications and proposals,
whether electronic,oral, or written between the City and the SUBRECIPIENT with respect to this Agreement.
SECTION 17-APPLICABLE LAW.
This law applicable to this Agreement is hereby agreed to be the law of the State of Florida.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first written above.
Signature By: ''l/�"....-
Title: City Mayor
//
City of Boynton :each
The forgoing instrument as acknowledged before me on this day of ��.r, ;,N ') i y TY '''2``1 +2- `"(0.-
He/She is personally known to me or has produced his/her as identification and did/dicnot take an oath.
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City of Boynton Beach Attorney's Office
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first written above.
Signature By:
Title: 46
SUBRECIPIENT Non-Profit Organization: \—\ \e S G
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The forgoing instrument as acknowledged before me on this,"day of- 1Lc jQf by J Zi,n*, .ck may,UV \
He/She is personally known to me or has produced his/her as identification and did/did not take an oath.
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ATTACHMENT A
Scope of Work/Project Description
41111111.11iffe Habitat
for Humanity
Greater Palm Beach County
Veterans Build: Michael T. Hanlon
2385 SW 13th Way, Boynton Beach, FL 33426
Estimated Start Date: February 2nd, 2024
Habitat for Humanity of Greater Palm Beach County is proposing to embark on a transformative project funded by
the City of Boynton Beach to rebuild the home of a veteran resident. The house, severely affected by structural
roof damage, has led to extensive interior issues, which has caused the home to be uninhabitable. The
partnership between Habitat for Humanity GPBC, The City of Boynton Beach, and our collaborative contractors,
aims to restore the residence to its original condition, providing a safe and comfortable living space for this
deserving veteran. The comprehensive rebuilding process beings with the careful demolition of the existing
damaged roof, ensuring a secure foundation for the restoration. Following this, the interior will undergo a thorough
gutting process and preparing a clean slate for reconstruction. The interior of the home will be rebuilt based on
the existing floorplan and all work will be done to current building standards. The rebuild process will include the
installation of hurricane impact doors and windows, as well as the installation of new appliances. This process will
take approximately 10 months to complete once proper permits are issued. Habitat for Humanity of Greater Palm
Beach County, Inc. will be responsible for providing oversight, managing and successfully completing the housing
rehabilitation project located at 2385 SW 13 Way, Boynton Beach, FL 33426. The project cost will not exceed the
amount of$236.500.00.
ATTACHMENT B
PROJECT BUDGET
OWNER'S NAME: Michael Thomas Hanlon CASE: 2-23-15
ADDRESS: 2385 SW 13 Way, Boynton Beach, FL 33426 DATE: December 28, 2023
PHONE: (561) 490-7716
DESCRIPTION Quantity Unit labor and Total
Material
1. Lot clean up $0.00
2. Driveway $0.00
3. Foundation $0.00
4. Exterior Walls Bring all exterior $5,000.00
walls and window
openings up to code
which will show in
specifications and on
blueprints.
5. Cornice, Fascia & Cornice,facia&soffit $5,000.00
Soffit to be installed per
HOA requirements
6. Roof New truss package $40,000.00
plywood,tile or
metal material.Roof
to be installed per
HOA requirements
7. Porches & Steps Repair steps and $2,000.00
porches area.Strip
paint from existing
surfaces and refinish
8. Screens for D/W $0.00
9. Windows Remove existing $15,000.00
windows and install
hurricane impact
rated windows
DESCRIPTION 1 Quantity Unit labor and Total
Material
10. Exterior Doors Remove all existing $5,000.00
exterior doors and
replace with
hurricane rate doors.
11. Exterior Electrical Install all new $10,000.00
exterior electrical
system according to
blue prints and code
specifications.
12. Exterior Plumbing All new plumbing to $10,000.00
be installed
according the
plans/blue prints and
code specifications.
13. Exterior Painting Pressure wash,paint $3,000.00
exterior body and
trim in accordance to
HOA requirements.
14. Hurricane Protection Installation of twist $2,500.00
straps mitigating
missing metals.
15. Landscaping & Sod $0.00
16. Irrigation System $0.00
17. Fencing $0.00
18. Carport or Garage Installation of new $2,500.00
garage door and
opener.
19. Heating & Cooling Install new energy $15,000.00
efficient HV/AC
system and duct
work
20. Insulation Install insulation for $2,000.00
walls and ceiling
according to plan
specifications
21. Floors New title floors will $15,000.00
be installed
throughout the
house according to
plan specification
22. Interior Walls Bring all interior $15,000.00
walls according to
code and plan
specifications.
DESCRIPTION Quantity Unit labor and Total
Material
23. Ceilings Install ceiling $12,000.00
according to code
and plans/blue prints
specifications.
24. Interior of windows Installation of metal $500.00
corner track for
aesthetics on
drywall.
25. Interior doors Install all new $2,500.00
interior door
according plan
specifications.
26. Interior Electrical Install all new $10,000.00
exterior electrical
system according to
blue prints and code
specifications
27. Interior Plumbing All new plumbing to $10,000.00
be installed
according the
plans/blue prints and
code specifications.
28. Interior Painting Paint all interior body $2,000.00
and trims
29. Cabinets/Vanities Install all new Jarlin $8,500.00
Shaker cabinets to
original location
according to plan
specifications.
30. Closets Install closets doors $5,000.00
and wire shelving.
31. Extermination Full extermination $1,500.00
Services.
32. Garage Door Remove and install a $5,000.00
new garage door.
33. Other Demolition of all $11,000.00
existing interior
framing
34. Other io%contingency $21,500.00
TOTAL $236,500.00
ATTACHMENT C
REQUEST FOR PAYMENT
SHIP RENTAL ASSISTANCE/HOUSING REHABILITATIONPROGRAM
APPROVED BUDGET: $236,500.00
DISBURSEMENTS TO DATE:
AVAILABLE BALANCE:
This Request:
Budget Line Item: Amount Requested:
Program Expense
Housing Administration Expense
hTOTALREQUEST
Project Highlights (recommended, not required)
Signature of SUBRECIPIENT Agency Representative &Title Date
Signature of SHIP Staff Administrator Date
Grant Disclosures/Guidance re: FDOT Local Agency Program Agreement for
SE 1st Street Complete Streets Improvement Project
Summary: The City has been awarded $1,500,000 in funding from FDOT for the SE 1st
Street Complete Streets improvement project. Essential terms of the agreement are
outlined below.
Term Requirements
Use Period The project must be completed by June 30, 2026.
Payment Terms • Funding is provided on a reimbursementbasis upon completion
of verifiable deliverables.
• All invoices must be submitted within 120 days of project
completion,or FDOT is no longerrequiredto reimburse the City
for these costs.
• Project costs must be invoiced every quarter after issuance of
a Notice to Proceed.
• FDOT is authorized to withhold funding if the City is in breach
of the agreement,or if there is any pending litigation againstthe
City, which may jeopardize or adversely affect the project.
• Funding forthe project is subject to the annual appropriation of
funds by the Florida Legislature.
Contracts with • The City must obtain FDOT written approval before contracting
Third Parties with any third party with respect to the Project that will be
funded with FDOTfunds.
• The City must includetheFHWA-1273form in all contracts with
contractors performing work on the project.
• The City must include the indemnification language listed in
Section 15(c)of the agreement in all contracts with persons that
perform work in connection with the agreement.
Indemnification • The City is required to indemnify FDOT for claims or actions
resulting from or related to the negligent orwrongful acts of the
City, its employees, and agents.
Insurance The City must require all contractors or consultants to carry the
insurance listed in Section 15(d) of the agreement, and require that
FDOT be listed as an additional insured.
Compliance with All work must be completed in accordance with all FDOT requirements
FDOT Standards described in Local Agency Program Manual FDOT Topic No. 525-010-
300.
Audit • The City must complete an auditin accordance with 2 CFR Part
200, SubpartF and comply with all audit requirements listed in
Section 8 of the agreement.
• The City must retain records demonstrating its compliance with
the terms of the agreement for a period of 5 years after the date
the audit report is issued.