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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: 60 (Corporate Seal) �%o��o'......F�Fyc.` 61 �+��+�ii : �ig V: ►7y�� '^'''till 11 i/n" GS • RD: i 63 :�Nc 1P 92E 64 • •'• Shawna G. Lamb ' City Attorney �'t ' •.....• P ' `". FLOR' -. G\Tr:1_71, o . 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 i 1 F � � d • o P9c124 i V: AL o • _ •E Attest. mkrt, I '� '•. 1920 .. 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