R24-227 1 RESOLUTION NO. R24-227
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE
5 COMMUNITY DEVELOPMENT BLOCK GRANT SUBAWARD
6 AGREEMENT BETWEEN BOYNTON BEACH FAITH BASED COMMUNITY
7 DEVELOPMENT CORPORATION, INC., AND THE CITY EXTENDING THE
8 TERM OF THE AGREEMENT FOR A THREE-MONTH PERIOD, EXPIRING
9 DECEMBER 31, 2024;AND FOR ALL OTHER PURPOSES.
10
11 WHEREAS, on September 14, 2023, the City and the Boynton Beach Faith Based
12 Community Development Corporation, Inc., entered into a Community Development Block Grant
13 Subaward Agreement, approved by Resolution No. R23-124; and
14 WHEREAS, the Agreement expires on September 30, 2024; and
15 WHEREAS, the parties desire to amend the Agreement to extend the term of the
16 Agreement an additional three (3) months to expire on December 31, 2024; and
17 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
18 best interests of the city's citizens and residents to approve the First Amendment to the
19 Community Development Block Grant Subaward Agreement between Boynton Beach Faith Based
20 Community Development Corporation, Inc., and the City extending the term of the Agreement for
21 a three-month period, expiring December 31, 2024.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
23 BEACH, FLORIDA, THAT:
24 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption.
26 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
27 approve a First Amendment to the Community Development Block Grant Subaward Agreement
28 between Boynton Beach Faith Based Community Development Corporation, Inc., and the City
29 extending the term of the Agreement for a three-month period, expiring December 31, 2024 (the
30 "Amendment"), in form and substance similar to that attached as "Exhibit A."
31 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
32 authorizes the Mayor to execute the Amendment and such other related documents as may be
33 necessary to accomplish the purpose of this Resolution.
34 SECTION 4. One fully-executed original of the Amendment shall be retained by the City
35 Clerk as a public record of the City. A copy of the fully-executed Amendment shall be provided
36 to RJ Ramirez to forward to the subrecipient.
37 SECTION 5. This Resolution shall take effect in accordance with law.
38 J-t-
39 PASSED AND ADOPTED this I day of ��- 2024.
40 CITY OF BOYNTON BEACH, FLORIDA
41 YES NO
42 Mayor-Ty Penserga
43
44 Vice Mayor-Aimee Kelley
45 ✓
46 Commissioner-Angela Cruz
47 ✓
48 Commissioner-Woodrow L. Hay
49 ✓
50 Commissioner-Thomas Turkin
51
52 VOTE 5-O
53 ATTES :
54 /
55 ►�.r! //01P
56 Maylee De e- MPA, M ►� -ga "° • z`'f
57 City Clerk M- •r
58
59 ".INTO . APPROVED AS TO FORM:
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64 • •'• Shawna G. Lamb
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AMENDMENT NO. 1 TO CDBG SUBAWARD AGREEMENT BETWEEN THE CITY
�} _ \ c� OF BOYNTON BEACH AND BOYNTON BEACH FAITH-BASED
"ON k. COMMUNITY DEVELOPMENT CORPORATION, INC.
This First Amendment("Amendment")is entered into by and between the City of Boynton
Beach, a Florida municipal corporation ("City"), and Boynton Beach Faith-Based Community
Development Corporation, Inc., a Florida not-for-profit corporation ("Subrecipient") (collectively
referred to as the "Parties").
RECITALS
A. On September 19, 2023, the Parties entered into a CDBG Subaward Agreement
(the "Agreement") for Homesteaded Owner-Occupied Limited Rehabilitation for Qualifying
Households.
B. The Parties desire to extend the term of the Agreement through December 31,
2024.
Now, therefore, in consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, the City and Subrecipient agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference. All
capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed
to such terms in the Agreement.
2. Term Extension.The Parties hereby agree to extend the Agreement through and including
December 31, 2024.
3. In the event of any conflict or ambiguity between this Amendment and the Agreement,
the Parties agree that this Amendment shall control. The Agreement, as amended herein by this
Amendment, 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 hereof that are not contained in the Agreement as amended in this
Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
4. Subrecipient acknowledges that through the date this Amendment is executed by
Subrecipient, Subrecipient has no claims or disputes against City with respect to any of the
matters covered by the Agreement.
5. The following new sections are added to the Agreement as follows:
First Amendment to Boynton Beach Faith-Based CDC Agreement Page 1 of 3
a. Entities of Foreign Concern.The provisions of this section apply only if Subrecipient or
any subcontractor will have access to an individual's personal identifying information
under this Agreement. Subrecipient represents and certifies: (i) Subrecipient is not
owned by the government of a foreign country of concern; (ii) the government of a
foreign country of concern does not have a controlling interest in Subrecipient; and
(iii) Subrecipient is not organized under the laws of and does not have its principal
place of business in, a foreign country of concern. On or before the effective date of
this Amendment, Subrecipient and any subcontractor that will have access to
personal identifying information shall submit to City executed affidavit(s) under
penalty of perjury, in a form approved by City attesting that the entity does not meet
any of the criteria in Section 287.138(2), Florida Statutes. Terms used in this section
that are not otherwise defined in this Agreement shall have the meanings ascribed to
such terms in Section 287.138, Florida Statutes.
b. Anti-Human Trafficking. On or before the Effective Date of this Amendment,
Subrecipient shall provide City with an affidavit attesting that the Subrecipient does
not use coercion for labor or services, in accordance with Section 787.06(13), Florida
Statutes.
6. The effective date of this Amendment shall retroactively be September 30, 2024,
regardless of the later date of complete execution by the Parties.
7. This Amendment may be executed in multiple originals, and may be executed in
counterparts, whether signed physically or electronically, each of which shall be deemed to be
an original, but all of which, taken together, shall constitute one and the same agreement.
(The remainder of this page is blank.)
First Amendment to Boynton Beach Faith-Based CDC Agreement Page 2 of 3
In witness whereof, the Parties have executed this Amendment as of the date last
indicated below.
CITY
CITY OF BOYNTON BE�'
By `I . ,
Ty •en :a, Mayor % OFf:0114:0::%,1
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Attest. mkrt, I '� '•. 1920
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City Clerk 111%�FORIDA
CITY ATTORNEY'S OFFICE
Approved as to form and legality
By:
SUBRECIPIENT
Boynton Beach Faith-Based
Community Development Corporation, Inc.
By (1V----4-••1
Authorized Signer
Christopher Plummer, Interim Executive Director
Print Name and Title
24th day of September, 2024
SRW
9.23.24
First Amendment to Boynton Beach Faith-Based CDC Agreement Page 3 of 3