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R06-007 , I 1 2 3 4 RESOLUTION R06- ()()/ 5 6 A RESOLUTION OF THE CITY COMMISSION OF 7 THE CITY OF BOYNTON BEACH, FLORIDA, 8 AUTHORIZING EXECUTION OF SEVEN 9 CONTRACTS FOR SERVICES BETWEEN THE 10 CITY OF BOYNTON BEACH, FLORIDA, AND 11 SEVEN (7) SUB-RECIPIENTS OF COMMUNITY 12 DEVELOPMENT BLOCK GRANT FUNDS (CDBG); 13 AND PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, the City of Boynton Beach has entered into an agreement with 16 the United States Department of Housing and urban Development for a grant for the 17 execution and implementation of a Community Development Block Grant Program 18 in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and 19 Community Development Act of 1974, (as amended); and 20 WHEREAS, the City of Boynton Beach desires to enter into Agreements 21 with seven (7) sub-recipients, who have previously submitted all necessary 22 documentation required, including budgets, scopes of services, and timelines for 23 performance; and 24 WHEREAS, a copy of each Agreement is attached hereto and made a part 25 hereof; 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 27 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The City Commission of the City of Boynton Beach, Florida 32 does hereby authorize execution of seven (7) Agreements between the City of 33 Boynton Beach, Florida and sub-recipients, as follows: 34 1. Aid To Victims of Domestic Abuse, Inc. - Funding Amount $20,000; 35 S:\CA \RESO\Agreements\Grants\CDBG - SubRecipient Agreements 121505.doc 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 " 2. 2 3 3. 4 5 4. 6 7 5. 8 9 6. 7. Section 3. Boynton Beach Faith Based Community Development Corporation - Funding Amount $70,000; Community Caring Center of Boynton Beach, Inc. - Funding Amount $50,000; Committed Citizens Concerned About Our Children, Inc. - Funding Amount $7,500; Fair Housing Center of the Greater Palm Beaches, Inc. - Funding Amount $10,000; Palm Beach County Resource Center - Funding Amount $25,000; R.M. Lee Community Development Center, Inc. - Funding Amount $80,000; This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this.:3 day of January, 2006. CITY OF BOYNTON BEACH, FLORIDA ATTEST: "-.^,..., h~=t ~ ' Commissioner Yn.~ tslCDBG - SubRecipient Agreements 121505.doc 2 ROb-007 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AID TO VICTIMS OF DOMESTIC ABUSE, INC. THIS AGREEMENT, entered into this day of . 20" by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and AID TO VICTIMS OF DOMESTIC ABUSE, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at Post Office Box 667, Delray Beach, FL 33447 and its Federal Tax Identification Number as 59-2486620. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and AID TO VICTIMS OF DOMESTIC ABUSE, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage AID TO VICTIMS OF DOMESTIC ABUSE, INC. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINmON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means' Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Community Improvement Division 4) "The Agency" means AID TO VICTIMS OF DOMESTIC ABUSE, INC. Page 1 of 16 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $20,000.00 for the period of October I, 2005 through September 30, 2006. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-05- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2006. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the cm Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee cm Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be speCifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, cm and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERALCOND~ONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small. and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-ll0 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by aD. Items 9 through 14 above shall be transmitted to cm by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDSG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under litle I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to cm. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law. applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the --.9 G:, 2091. ArrEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA . ical Subdivision of the State of Florida BY:~~ CITY MANAGER APPROVED AS TO FORM: ~~ (~ CITY ATTORNEY AID TO VICTIMS OF DOMESTIC ABUSE, INC. By: By: [CORPORATE SEAL] Page 14 of 16 AID TO VICTIMS OF DOMESTIC ABUSE, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SCOPE OF SERVICES TO BE USTED HEREIN] B. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SPECIFIC FUNDING COSTS FOR TOTAL GRANT AMOUNT] B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CIO, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 16 . ~/J' AVOA A Cornm'u.1/ity of H-ope Aid to Victims of Domestic Abuse, Inc. P.O. Box 6161 Delray Beach, FL 33482-6161 Phone: 561-265-3797 · Fax: 561-265-2102 24-HOUR CRISIS HOTLINE 1-800-355-8547 City of Boynton Beach Community Development Block Grant (CDBG) Agreement 2005-2006 ~..,"=- ~ f;:! n ~f} @1'ro1Q\ U'~ is ~ IS II \'If " ':. lJ:IJ SEP : 8 ZOOS COMMUNITY IMPROVEMENT ADDENDUM SCOPE OF SERVICES: Provide programs in schools to students in Pre-K to 5th grade designed to prevent domestic violence and to identify children living in homes where domestic abuse is present. The school program, entitled PA VB (prevention Against Violence Early), will provide classroom educational presentations focusing on. the identification and expression of feelings, self-esteem, establishing healthy relationships, safety planning and learning non-violent problem solving skills. Children who are identified as being affected by domestic violence are given the opportunity to participate in a support group. TIME LINE FOR PERFORMANCE: October 1, 2005 through September 30,2006 BUDGET: Salary: Youth Intervention Specialist $ 16,490 Benefits: FICA 1,261 Workers Comp 277 Health/Dental Insurance 1,972 Total benefits 3.510 Total $20,000 GOALS OF THE PROGRAM: Provide domestic violence education presentations for 2,500 students Provide safety planning for130 students Provide support groups for 130 students. 1./1 . iJ ()I (~ ,- Submitted by: ~ Ih _ ~ Pamela Af CYBrien, Executive Director Aid to Victims of Domestic Abuse, Inc. Grant Contact person: Janet Amigone, Associate Director FUNDERS ~~ t1ftlll$r Dl/fE5TK' ~ EKCl @IOIIOAOfPAIIMENfOfoJo(]IU.U\.'/\iSr:6J CHILDREN . 'i:l\\K1S ~ \) 'FAMILIES >9')\"; C~d H~~~%:~~o~~:~rty CltyeofD"ra,:mh co_ceo \r~~ '", \,~.!~~~] ~': / United W.Y of '-1m leech Coun~ Palm Beach Community Cheat United Way United ,~ Way~ ,.. . . . . . . . . AID TO VICTIMS OF DOMESTIC ABUSE, INC. EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone] INVOICE REIMBURSEMENT Subject: Attached, you will find Invoice # . requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 gOb -007 AGREEMENT BE1WEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORAll0N THIS AGREEMENT, entered into this day of . 20aa by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and BOYNTON BEACH FAITH BASED COMMUNIlY DEVELOPMENT CORPORATION, a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at Post Office Box 337, Boynton Beach, Florida 33425 and its Federal Tax Identification Number as 65-0971509. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and BOYNTON BEACH FAITH BASED COMMUNIlY DEVELOPMENT CORPORATION desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage BOYNTON BEACH FAITH BASED COMMUNIlY DEVELOPMENT CORPORATION to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINmON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Community Improvement Division Page 1 of 16 4) "The Agency" means BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Puroose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum Comoensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $70,000.00 for the period of October I, 2005 through September 30, 2006. Page 2 of 16 Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-05- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2006. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Page 3 of 16 Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, Page 4 of 16 shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, cm and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. Page 5 of 16 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to C1D's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERALCONDmONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small. and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, Page 6 of 16 these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. Page 7 of 16 E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CIO, the City, U.S. HUD, or the Comptroller General to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes Citv Propertv All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated Page 8 of 16 under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. Page 9 of 16 I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the COBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CIO provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation Agency shall cooperate with CIO in informing the appropriate COBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CIO or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUO in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Oocuments The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-llO, A-122 and A-133 Page 10 of 16 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by aD. Items 9 through 14 above shall be transmitted to cm by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not Page 11 of 16 remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Page 12 of 16 Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. R. Independent Contractor Except as duly noted in Part III, Section 0(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counteroarts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the q G, 20~ AlTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida i~ BY: CITY MANAGER /.. APPROVED AS TO FORM: '~dv ( ~{OCp CITY ATTORNEY BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION By: By: [CORPORATE SEAL] Page 14 of 16 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SCOPE OF SERVICES TO BE USTED HEREIN] B. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. [CDBG SUB-RECIPIENT TO PROVIDE SPECIFIC FUNDING COSTS FOR TOTAL GRANT AMOUNT] B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 16 Affordable Housing Initiative Scope of Services Submitted to: Octavia S. Sherrod, Community Development Manager Division of Community Improvement City of Boynton Beach PO Box 310 Boynton Beach, FL 33425-0310 Submitted by: Gerone Powell, Project Manager Boynton Beach Faith Based CDC PO Box 337 Boynton Beach, FL 33425 Phone: (561) 752-0303 Fax: (561) 752-0302 Date Submitted: October 1, 2005 Target Area: The Heart of Boynton Community - North of Boynton Beach Blvd to the Boynton Canal (C16), and East ofI-95 to Federal Hwy. Plus the area East of 1-95 north from the Canal till Gateway Blvd Funds Awarded: $70,000 Time Period: October 1,2005 to September 30, 2006 Scope of Services: The CDC is proposing to use CDBG funding to continue and further advance it's Affordable Housing Development Initiative. This activity has 4 parts for which funds are being sought: · Homebuyer Counseling and Assistance in Obtaining Financing for First Time Homebuyers · Lot Acquisition and Single Family Home Construction · Project Continuation · Marketing and Events Homebuyer Counseling: We plan on having an initial contact with 200 prospective clients (fill out "Inquiry" Form). The CDC's homeownership preparation program provides one-on-one pre-purchase home buying counseling that assists families in overcoming their barriers to becoming homeowners. For long- term participants, the CDC monitors and follows up with the clients on a monthly basis. Counseling components include: · Pre-screening · Current financial assessment and initial pre qualification · Education on the mortgage qualification process and credit reports/repair · Assembling the information needed to apply for a loan · Assistance with preparing loan and subsidy package . Developing a strategy to overcome barriers . Subsidy package verifications . Creating a personal budget . Support and follow up We plan to help 20 people close under the SHIP Program in Boynton Beach. Lot Acquisition and Single Family Home Construction After families graduate from homebuyer counseling, quality affordable housing opportunities need to be available. This part of the activity involves: . Securing financing . Project development · Acquiring land · Coordinating and managing the construction of single-family homes. The CDC has an Acquisition-Construction line of credit with LISC to finance the process. We plan on building five (5) homes in 2005/06. Houses will be sold to low and moderate-income first time homebuyers. Handy Man Program This program provides minor home repairs to member of the community who have financial and physical limitations and who have been cited for code violations. Heart of Boynton Plan The development of projects, partnerships Goint LLCs), and strategies as a part of the on-going Heart of Boynton Redevelopment Plan. Marketing and Events Through a series of community activities the CDC organize local residents and churches for outreach to the community, sending a positive message of hope and love. The events are a very visible way to lift sprits in the community and get people involved in the programs of the organization. Our annual events include: · Homebuyer's Fairs (2) - Educational fair held in partnership with the City of Boynton Beach and Local Banks to generate interest in homeownership, and get families to put there tax return money to the best possible use. · Homebuver's Workshops and Classes - Monthly workshops that will introduce people to purchasing a home, and increase the CDC's client base. The office will be used as a homebuyer class by several area organizations such as CCCS and LIFT · Love Festival (fall 2006) - Gospel music, BBQ Cook Off, Prizes, Many other non-profit organizations come out to spread information · Youth Talent Show (Mav 2006) - Showcases the talents of local elementary, middle, and high school aged students. The event is held at Poinciana Elementary. · Thanksgiving and Christmas Dav Dinner (Christmas Dav) - The CDC provides food for the needy on Christmas Day . ' Funding CDBG funds would be used to pay the following salaries (see attachedjob descriptions): · Assistant Director - Provide $32,375 in salary. Manage overall single family housing and counseling initiative, continue the implementation of the acquisition and construction of single-family homes and develop the projects mentioned above. · Home buying Counselor - Provide $37,625 (full salary of $35,000 plus $2,625 for FICA) for this the position. The Home buying Counselor is responsible for one-on-one home buying counseling, presenting workshops to prospective homebuyers, and for training the AmeriCorps staff member. Budget 2005-2006 CDBG Budget: Assistant Director (Project Manager) Salary $32,375 Homebuyer Counselor Salary FICA TOTAL $35,000 $ 2.625 $70,000 Proposed Objectives: Objective · Have 4-community/promotional events · Provide homebuyer's counseling to 200 households · Help 20 people become homeowners · Construct 5 new homes in the community · Acquire or begin development of a rental property or of an ownership multi-family property Measure number of events number of households number of new homeowners nuniber of homes constructed Property/lot identified and predevelopment activities started BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 Subject: [Name of Sub-grantee] [Address] [Telephone] INVOICE REIMBURSEMENT From: Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 ~Ob-007 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND COMMITTED CITIZENS CONCERNED ABOUT OUR CHILDREN, INC. THIS AGREEMENT, entered into this day of . 20c6 by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and COMMITTED CrnZENS CONCERNED ABOUT OUR CHILDREN, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 1047 S.W. 28th Avenue, Boynton Beach, Florida 33426 and its Federal Tax Identification Number as 65-0939596. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and COMMITTED CrnZENS CONCERNED ABOUT OUR CHILDREN, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage COMMITTED CrnZENS CONCERNED ABOUT OUR CHILDREN, INC. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINmON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Division of Community Redevelopment 4) "The Agency" means COMMITTED CrnZENS CONCERNED ABOUT OUR CHILDREN, INC. Page 1 of 16 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $7,500.00 for the period of October I, 2005 through September 30, 2006. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. TIme of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-05- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The selVices of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all selVices required hereunder shall be completed by the Agency by September 30, 2006. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part W, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to ClD's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERALCONDmONS A. Ooportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small. and Minority/Women Owned Business Enterorises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-HO, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to cm within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Prooerty All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 1. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the COBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CIO provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Particioation Agency shall cooperate with CIO in informing the appropriate COBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CIO or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUO in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Oocuments The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID. Items 9 through 14 above shall be transmitted to aD by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDSG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severabilitv of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Independent Contractor Except as duly noted in Part III, Section 0(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counteroarts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the Cj day~2~ AITEST: JANET PRAINITO, CMC cm CLERK, cm OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida ,11~ By:-Ul~ cm MANAGER :/~~i"'f:'<:~ APPROVED AS TO FORM: .L ~rn~ d~/olp cm AITORNEY COMMITTED CmzENS CONCERNED ABOUT OUR CHILDREN, INC. By: By: [CORPORATE SEAL] Page 14 of 16 CCCC Tutorial Network Scope of Services CCCC will assist member tutorial programs by providing: · Leveled Reading books or other instructional material, ~ligned with state and school district curriculum goals. · Centralized training of parents and VOlunteers. Through an ~greement with the Boyn~on Beacj Library, neighborhood schools and the school district, ~onthly seminars will ce held at the l:brary to educate volunteers from participating centers on vario~s educational topics. CCCC or school volunteers will provide ajjitionql small grcu~ training as needed at each t~torial center. · Advocacy in communications with schools and the school district. Since CCCC is composed of current and former instructors, and has direct co~ta0t with area prinCipals ~nd school district Officials, we ~ay be able to assist in resolving conf~ict and enhanci~g the bi-directional flcw of information between the comm~nity anj neighborhood schccls. CCCC Tutorial Network Budget '.-----.--.-.-.------.--..---.----...----------.-.--..----.---------.--.-+---.--.---....--i ' i , rRe:SOu;:ces--=~=~=::=:~_::::=~=~=~~:__=:::~=::::::_:=_===:::::.1=:====:=: C-;-'Educau'cn"i'Resources i $5500 , ' C Accelerate Tutorial Program [ CCCC @ Ezell Hes~er) , . C St. Pauls A~ ChLrch ~urorial C St Cohns Mission~ry Baptist Ctur~h Tutorial C DayStar Academy Tutor~al Program · C Gal~xy E::'err.entary S~hool T'..ltorial Prcgram I · c Boy~ton Beach ChLrch of God of Prophecy Tutoria::' ! -..........-......-..--....-........-........-........................_........._...__............._.........._......_~.__....-......, ; Resources Total ! $5500 . r----.----.--.-...-_______...._______..________. __~_ .... .... ...: ~~~~~~~;:;:::;::..~~~:::-~~~~~;~====:::.:=:==:=1_=..:::-:----~ ~~:~~~~~=:::-==~~=~=======~==:==F::::: .S~~~:I [..~~--.In~~~~~~~=~~::~.~==.::==~~=:.:~=.~.==~~~.:::.~:~.~=~=..==:~=.::~=::.=~..=:::::..:::..1...-._...-...---'$"i'2'5-0: 2':'-".i..~~-"-"i~EJ~_~________________.__.._________...... $125.0] . . , ; . .. . . . . ;....----.....-.....-...-..-.--....--...-....-..--.---.........---..--...--.......-......-.....-.----......-..~...._......---l........ ..... '" ....................---...............; t==~=====::::::==::::::~-=--:...-=:::..=::.:..====::=:::===_::J=:::==---:i . . . . . [===::::=-::=====~.-====~-=.:..~=====:~-::~=::=-=-=I::=::~-=~J . = Tutor1.a:L!etw()r.~_~()tal _ .._ .. .. .. .1.. .._~"1L~OIl ] CCCC Tutorial Network Timeline for Perfor.mance I Sep-: I i ~t - Oct 2005 I. --E;t~bli;t~-co-;:;-t~~t--;i tt part:cipating progr~~ · Con~ect with local elenentary schools and I det~rmi~e teac.hing contacts =o~ educatio~al I J seml~ars. ~ - Dee 2005 --I-;F'~~d:ase --~~~ou-r~es basec:C-;;-~t{;den:: p~pulati-;-;:--) '. DistribLt.e resources and tracking II docLme~t2tion. · Collect student infornat:on =o~ district level grade collection. -..---..--..----...------...--..-------.....-- · Begi~ Seminar series on FCA~ P~eparation · MeasLre perental involvement levels Jan 2005 July - Aug 2005 . ------.------... Collect FCAT scores from participa::ing st~dents anc compere against our goa_s. .-------- Goals and Objectives Tte goal of the CCCC tuto~ial network is to improve the social a~d 2cademic performance of local st~dents by enabling local tLtorial prograns to bette~ meet the needs of students in cooperation with ne:ghborhood schoo13 and our community library. CCCC desires to participate with tutorial prQgrams in the following ways. · CCCC will partner with establi3~ed programs that have an existing base 0= volunteers and students before starting new tutorial centers. · CCCC will deve~op ongoing semi~ars, trainings, and prcgrams in partnership with the Boynto~ Liorary and neighborhccd schools to tra:n volunteers. · CCCC will prov:de a basic set of resQurces to tutorial centers and nonitor their need3 on an ongoing basis. · CCCC will per:odically pull acade~ic and discipline re~crts on students from the school distri8t and encourage proactive intervention ::hrough t~e tutorial center, parent, 2nd school to help the s::ude~t imorQve. Program Goals r~ cooperation with membe~ tU::orial centers, CCCC would like to telp students inprove in the followi~g areas: · 1 reading leve~ improvement in a stu~ent's reading performance on the FCAT over t~e s8hQol year. · 75% mastery of math skills t~at are expected to be mastered 2t the student's grade level. · Increased parent & community i~volvement in the lives cf their students. · Help parents understand ::he Why's of education and the power they have to help ::heir st~dents through educaticnal seminars. COMMITTED CmzENS CONCERNED ABOUT OUR CHILDREN, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SCOPE OF SERVICES TO BE LISTED HEREIN] B. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. [CDBG SUB-RECIPIENT TO PROVIDE SPECIFIC FUNDING COSTS FOR TOTAL GRANT AMOUNT] B. Provide technical assistance to ensure compliance with CIO, U.S. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CIO on program activities. Page 15 of 16 COMMITTED CITIZENS CONCERNED ABOUT OUR CHILDREN, INC. EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone] INVOICE REIMBURSEMENT Subject: Attached, you will find Invoice # . requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 ~o" -007 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND COMMUNITY CARING CENTER of BOYNTON BEACH, INC. THIS AGREEMENT, entered into this day of . 20c6, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and COMMUNTIY CARING CENTER of BOYNTON BEACH, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 145 N.E. 4th Avenue, Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 65-0447796. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and COMMUNTIY CARING CENTER of BOYNTON BEACH, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage COMMUNTIY CARING CENTER of BOYNTON BEACH, INC. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINmON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CIO" means Division of Community Redevelopment 4) "The Agency" means COMMUNTIY CARING CENTER OF BOYNTON BEACH, INC. Page 1 of 16 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $50,000.00 for the period of October I, 2005 through September 30, 2006. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-05- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2006. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and cm. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the cm Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with cm in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee cm Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the cm Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CIO, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CIO. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERALCOND~ONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small. and Minoritv/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUO, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CIO upon CIO's request. O. Evaluation and Monitoring The Agency agrees that CIO will carry out periodic monitoring and evaluation activities as determined necessary by CIO or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CIO, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CIO, information and status reports required by CIO, the City, or U.S. HUO on forms approved by CIO. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Oirect Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should proVide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CIO in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CIO, the City, U.S. HUO or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CIO, the City, U.S. HUO or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CIO, the City, U.S. HUO, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMS A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMS A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMS A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMS Circulars A-llO, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to cm within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or cm. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CIO, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by aD. Items 9 through 14 above shall be transmitted to aD by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Independent Contractor Except as duly noted in Part III, Section 0(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the q daY~20cj ATTEST: JANET PRAINITO, CMC cm CLERK, cm OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: ~ cm MANAGER \L~ ~LL t !{f,lJ& cm ATTORNEY COMMUNITY CARING CENTER of BOYNTON BEACH, INC. By: By: [CORPORATE SEAL] Page 14 of 16 COMMUNITY CARING CENTER of BOYNTON BEACH, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SCOPE OF SERVICES TO BE USTED HEREIN] B. Report the receipt of any income earned by the Agency to the CIO Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CIO and U.S. HUO regulations and this Agreement. II. The City Agrees to: A. [CDBG SUB-RECIPIENT TO PROVIDE SPECIFIC FUNDING COSTS FOR TOTAL GRANT AMOUNT] B. Provide technical assistance to ensure compliance with CIO, U.S. HUO and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. O. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CIO, be conducted by CIO staff or its contractor, and will ensure compliance with U.S. HUO regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CIO on program activities. Page 15 of 16 Community Caring Center of Boynton Beach, Ine. Addendum to Contract ~~ "'oy @~I~ I. (' .. .D ''& 4i;()O~ q <1m... ~~ ~ot'v41. -co- ~ ~,;,'I)-r ~"')- SCOPE OF SERVICES The Community Caring Center of Boynton Beach, Inc.'s mission is to provide emergency assistance to those within the greater Boynton Beach area that are in need by providing the following services: Food Pantry at the CCC office and at the Boynton Beach Senior Center SHARE (Self Help and Resource Exchange) Program at the Hester Center Vouchers for 1- or 2-night stay at a motel as temporary shelter Financial Aid for the following: Transportation - a I-day or 31-day bus pass, or a voucher for $10 - $20 for gas Utility bill payments up to $150 once a year Rent and/or Mortgage Assistance up to $450 once a year Medication Vouchers for medication Nutrition Education to kindergarten students Volunteer Caregiving for Frail and Elderly (Faith in Action Program) Advocacy regarding nutrition, food, aging, and domestic violence Referral services Hurricane recovery financial aid, food vouchers at the Beacon Center, and Long Term Hurricane Case Management Homeless outreach program partnering with Grace Community Church each Monday This year we will be adding an Hispanic child nutrition education component, and family budgeting class for cronic financial aid assistance families, Food Stamp community partnership with DCF, TIMELINE FOR PERFORMANCE Other than hwricane recover emergency financial assistance, the remainder of the programs are a continual task beginning October 1, 2005 and continuing through September 30, 2006. Pro2l'am Bud2et - FY 2004/05 Salaries: $35,500 25% of the Executive Director's Salary providing direct client services Bookkeeper Four (4) part-time In-take Counselors Job descriptions are attflched Utilities: Worker's Compensation Insurance Food Pantry Auto Insurance Mortgages: Audit: $ 1,000 $ 3,500 $ 3,000 $ 3,000 $ 4.000 TOTAL BUDGET: Rev. November 8, 2005 $50,000 COMMUNITY CARING CENTER of BOYNTON BEACH, INC. EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of SUb-grantee] [Address] [Telephone] INVOICE REIMBURSEMENT Subject: Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice COVer the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 ROb -007 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. THIS AGREEMENT, entered into this day of . 20<:6, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 1300 West Lantana Road, Suite 200, Lantana, Florida 33462 and its Federal Tax Identification Number as 65-0972629. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINmON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Division of Community Redevelopment 4) "The Agency" means FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. Page 1 of 16 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Puroose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSAnON, nME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $10,000.00 for the period of October I, 2005 through September 30, 2006. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. lime of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-05- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2006. C. Method of Pavment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and cm. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the cm Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive gUidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with cm in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee cm Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by cm prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by cm and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by COBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to ClD's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERALCOND~ONS A. Opoortunities for Residents and Civil Rights Comoliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small. and Minoritv/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by u.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to cm in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-HO, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CIO within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CIO, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by cm. Items 9 through 14 above shall be transmitted to cm by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to cm. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Independent Contractor Except as duly noted in Part III, Section 0(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entitv Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the '1 ~ 20~ ATTEST: JANET PRAINITO, CMC cm CLERK, cm OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida ~MfV{ BY: cm MANAGER ROVED AS TO FORM: ~C]J~ 1 Uill& cm ATTORNEY FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. By: By: [CORPORATE SEAL] Page 14 of 16 FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SCOPE OF SERVICES TO BE LISTED HEREIN] B. Report the receipt of any income earned by the Agency to the cm Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CIO and U.S. HUO regulations and this Agreement. II. The City Agrees to: A. [CDBG SUB-RECIPIENT TO PROVIDE SPECIFIC FUNDING COSTS FOR TOTAL GRANT AMOUNT] B. Provide technical assistance to ensure compliance with CIO, U.S. HUO and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. O. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CIO, be conducted by CIO staff or its contractor, and will ensure compliance with U.S. HUO regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CIO on program activities. Page 15 of 16 ~ Fair Housing Center of j:he Greater Palm Beaches FY 2005-2006 Scope of SelVices/Time Line for Performance for the City of Boynton Beach Fair Housing Center will operate a toll free hotline that will phone counseling information for victims of housing discrimination and referral services to file complaints and seek redress. This activity will be ongoing. Fair Housing Center will conduct five (5) fair housing workshops for community based organizations, civic and religious groups to inform them about means to seek redress of grievances related to housing discrimination and predatory lending, under federal, state and local fair housing laws. This activity will be ongoing. Fair Housing Center will network with public and private agencies, to jointly address fair housing issues in a cost effective non-duplicating fashion. This group includes, U.S. Dept. of Justice, HUD, State Attorney, Fla. Attorney General, Palm Beach County Office of Equal Opportunity, Coalition for Independent Living Options, Urban League, NAACP, American Jewish Committee, Guatemalan Maya Center, Farmworkers Coordinating Council, Haitian American Council and ASPIRA Palm Beach. This activity will be ongoing. Fair Housing Center will implement a fair housing public information campaign utilizing electronic/print media outlets that will include television, radio and newspaper advertising. Distribute fair housing newsletter, posters, brochures and pamphlets and monitor housing advertising for fairness. This activity will be ongoing Fair Housing Center will conduct an outreach campaign that informs persons with disabilities, their support organizations, and service providers of their right to freedom of choice in the housing market. This activity will be ongoing. Fair Housing Center will publiSh a fair housing newsletter. This activity will be ongoing. The Fair Housing Center will provide and maintain a fair housing web-site. This activity will be ongoing. Fair Housing Center wfll assist the City of Boynton Beach In formulating it's Action Plan, enabling the City of Boynton Beach to meet it's responsibility to "affirmatively further" fair housing. oo~@~uw~@ SEP 2 9 2005 COMMUNITY IMPROVEMENT , FAIR HOUSING CENTER OF THE GREATER PALM BEACHES. INC. ITEMIZED ACTIVITY BUDGET FY-2005-2006 1. Publish a Fair Housing Newsletter. 2. Operate a toll free hotline providing counseling information, investigation and referrals. 3. Conduct five (5) Fair Housing workshops for community based organizations, civic groups, electronic/print media, financial institutions and others in the housing industry. 4. Network with public and private agencies to jointly address fair housing issues. 5. Implement a fair housing public information campaign, utilizing electronic/print media outlets that will include television, radio and newspaper paid advertising. 6. Conduct an outreach campaign that informs persons with disabilities, their support organization and service providers of their right to freedom of choice in the housing market. 7. Assist the City of Boynton Beach in formulating its Action Plan to meet its responsibility to "Mfinnatively Further" fair housing. ITEMIZED BUDGET Salaries Program Director Fair Housing Specialist FICA Workman Comp $4,616 4,039 662 73 Total Personnel Services $9,390 Administrative Office Space Rental $ 610 TOTAL PROJECT EXPENSES $10,000 \,. FAIR HOUSING CENTER OF THE GREATER PALM BEACHES Goals to Accomplish for 2005-2006 This CDBG funding from the City of Boynton Beach will playa critical role in enabling the FHC to expand its Fair Housing Services to ensure "fair housing choice" in the City of Boynton Beach. This initiative will assist the City of Boynton Beach in implementing its Fair Housing Plan and help build public support for fair housing efforts throughout the City of Boynton Beach. This initiative will also help the city develop a realistic and effective Fair Housing Plan agenda, by assisting the area residents to understand the Consolidated Plan requirement, to Affirmatively Further Fair Housing. The goal of these activities is to combat housing discrimination and predatory lending by insuring compliance with local, state, and federal fair housing laws. Civil Rights awareness and compliance will ultimately result in the substantial increase of housing opportunities and freedom of choice for all residents, especially those who are at risk of experiencing housing discrimination on the basis of their protected class status, (e.g., race/color, religion, national origin, familial status, sex, disability, age, marital status and sexual orientation). An FHC media campaign highlighting penalties and settlements will put violators on notice, resulting in a more educated and informed housing industry. In addition, the FHC will operate as an information clearinghouse to local housing industry to assist them in the full knowledge of their obligations and responsibilities under federal, State and local fair housing laws and ordinances. This Initiative will ensure that the general public and protected classes living in the City of Boynton Beach become knowledgeable concerning fair housing laws and the means available to seek redress for fair housing rights violations. FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone] INVOICE REIMBURSEMENT Subject: Attached, you will find Invoice # , requesting reimbursement in the amount of $ , The expenditures for this invoice covers the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 RCb-007 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY RESOURCE CENTER THIS AGREEMENT, entered into this day of , 20<:6, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and PALM BEACH COUNlY RESOURCE CENTER, a non- profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 2001 Broadway, Suite 250, Riviera Beach, Florida 33404 and its Federal Tax Identification Number as 65-0880746. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to TItle I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and PALM BEACH COUNlY RESOURCE CENTER desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage PALM BEACH COUNlY RESOURCE CENTER to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINmON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Division of Community Redevelopment 4) "The Agency" means PALM BEACH COUNlY RESOURCE CENTER Page 1 of 16 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $25,000.00 for the period of October I, 2005 through September 30, 2006. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. TIme of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-05- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2006. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-ll0 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CIlY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERALCONDmONS A. Opoortunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opoortunities for Small. and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 1. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-11O pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) TItle VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and TItle II of TItle VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by aD. Items 9 through 14 above shall be transmitted to cm by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under TItle I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the CJ b 200Y ATTEST: JANET PRAINITO, CMC CIlY CLERK, CIlY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida u~ BY: CIlY MANAGER l~ CIlY ATTORNEY PALM BEACH COUNTY RESOURCE CENTER By: By: [CORPORATE SEAL] Page 14 of 16 PALM BEACH COUNTY RESOURCE CENTER EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SCOPE OF SERVICES TO BE LISTED HEREIN] B. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. [CDBG SUB-RECIPIENT TO PROVIDE SPECIFIC FUNDING COSTS FOR TOTAL GRANT AMOUNT] B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 16 *. PALM BEACH COUNTY RESOURCE CENTER EXHIBIT A SCOPE OF SERVICES, BUDGET, AND GOALS I. SCOPE OF SERVICES A. Provide management and technical assistance to small businesses located within the City of Boynton Beach. B. Provide procurement assistance to minority owned businesses located within the City of Boynton Beach by providing certification packages, estimating assistance, access to plans room, opportunity matching, and dissemination of Dodge Reports. C. Provide management and marketing assistance to businesses participating in the program by providing assistance in developing business plans, feasibility studies, strategic analysis, incorporation services and the coordination of procurement and special events. D. Provide financial services in the form of loan packaging, surety bond packaging, letters of credit requests and data modification packages. BUDGET Management & Technical Assistance to M/WBE's and businesses in Boynton Beach Initial Program Setup Costs (Labor and Materials).........................................$4,000.00 Plans Room Update & Opportunity Identification...................................................... 2,500.00 Completion of Certification Packages, Loan Packages, Business Plans, InGorporations, Take-Ofts, and Financial Projections, etc~................................ 18,500.00 TOTAL............................................ ............................................. .................... ...... .... $ 25,000.00 III GOALS PBCRC GOALS October 1, 2005 - September 30, 2006 Jobs Retained };#;~fifffiYlIQl1iritj~$~l$:t~a;:,~~ '.' _, .". 6 , , . -- '. ....."..."-..', ,"".". ,- ',; ;;. ~;;;;;\~;}>g12,!~~' ,i:, ;;~;':;;'~ ; PALM BEACH COUNTY RESOURCE CENTER EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone] INVOICE REIMBURSEMENT Subject: Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC. THIS AGREEMENT, entered into this day of . 2005, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and R. M. LEE COMMUNIlY DEVELOPMENT CENTER, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 900 N. Seacrest Blvd., Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 65-0937804. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to TItle I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and R. M. LEE COMMUNIlY DEVELOPMENT CENTER, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage R. M. LEE COMMUNIlY DEVELOPMENT CENTER, INC. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINmON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Division of Community Redevelopment 4) "The Agency" means R. M. LEE COMMUNIlY DEVELOPMENT CENTER, INC. Page 1 of 16 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Puroose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $80,000.00 for the period of October I, 2005 through September 30, 2006. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. TIme of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-05- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2006. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive gUidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-11O and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CIlY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERALCONDInONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDSG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 1. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by aD. Items 9 through 14 above shall be transmitted to aD by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under TItle I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the q C:. 20~. ATTEST: JANET PRAINITO, CMC CIlY CLERK, CIlY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida i~~_ BY: CIlY MANAGER DmR 1/ fR {()If CIlY ATTORNEY R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC. By: By: [CORPORATE SEAL] Page 14 of 16 R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SCOPE OF SERVICES TO BE LISTED HEREIN] B. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. [CDBG SUB-RECIPIENT TO PROVIDE SPECIFIC FUNDING COSTS FOR TOTAL GRANT AMOUNT] B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 16 RM. LEE COMMUNITY DEVELOPMENT CORPORATION COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT 2004-2005 ADDENDUM ACTIVITY DESCRIPTION R.M. Lee Community Development Corporation, Inc. (RMLCDC) is planning a comprehensive block-by-block neighborhood redevelopment project within the area surrounding the office of the CDC and its parent organization, St. John Missionary Baptist Church. The CDC's project area is bounded by Boynton Beach Boulevard to the south, NE 13th Avenue to the north, North Railroad A venue to the east and Seacrest Boulevard to the west and including an area on the west side of Seacrest Boulevard between NW 8th Avenue and NW 6th Avenue. The redevelopment project will be of size and scope that will also meet the needs of groups such as the elderly. The CDC will start the project by focusing on the following two areas where contiguous vacant and deteriorated properties necessary to make a significant impact on the neighborhood are available: 1. Elderly Housing: The CDC plans to acquire 12 contiguous parcels and develop between 12 and 15 units of rental housing for elderly persons who can live independently. Location: Two blocks between NE 12th Avenue and NE 13th Avenue north to south and between NWl st Street and NW2nd Street. 2. Single Family or Multi-Family Housing Capacity Development: Developing capacity and creating partnership for the redevelopment of the Boynton Terrace Apartment site or for any another potential project within the Heart of Boynton Initiative. RMLCDC will continue to plan and implement the project by providing funding for project delivery costs and predevelopment expenses such as site planning, architectural fees, surveys, appraisals, consultant expenses, and personnel costs. GOALS mmn ------- ---- 16 arcels of land At least 10 houses identified as needing assistance Secure site control of ro erties in the tar et area Conduct a windshield survey of the neighborhood and identify owner-occupied houses that are in need of r aIrs Construct and market housing units for rental 15 units of new elderly housing (1 and 2 bedrooms 6-10 units of existing housing Conduct needs assessment for owner-occupied rehabilitation Establish joint venture relationships Joint venture agreement with St. John Missionary Baptist Church and Boynton Beach FBCDC Qualified development team, consultant and rivate for- rofit develo er Increase CDC development capacity by assembling develo ment team PERFORMANCE TIMELINE Complete site control for elderly housing Conduct a windshield survey of the neighborhood and identify owner- occupied houses needing re airs. Conduct needs assessment for owner-occu ied rehabilitation Secure financing for elderly housing Complete site planning and zoning a roval for elderly housing Finalize architecturals -elderly housin Conduct RFP process and select builder for elderl housin Apply for building permits for elderl housin Begin construction - elderly housing 10/01- 12/31/2005 10/01- 01/31/2006 11/15- 12/20/2005 12/01- 01/31/2006 09110/2005- 01/31/2006 09/01/2005- 02/15/2006 01/31/2006 02/01/2006- 04/01/2006 04/30/2006 06/15/2006 Conduct RFQ for for-profit 03/15/2006- develo er artner for larger ro'ects 05/15/2006 Resumes, dev. plan, ualification acket Warranty Deeds Survey results Results of needs assessment Loan and grant commitments Prelim site plan a roval/zonin Stamped plans AlA contract Permits Notice commencement Selection of develo er artner Consultant, Attorney, A ent Consultant Title Consultant, Admin. Assistant Consultant, Attorne , Lenders Consultant, Site Planner, Architect Consultant, Site Planner, Architect President, Board, Consultant Consultant, Builder of President, Board, Consultant President, Board, Consultant Comprehensive Employment/Skills Development Program: In addition to the above development activities, RMLCDC will carry out the following activities as a part of this CDBG agreement although the activities will be funded from other sources: Resume writin assistance Conduct or host seminars on interviewing techniques and "dressin for success" Develop relationships with Workforce Development & em 10 ers & . ob referral network Disseminate em 10 ent information Apprenticeship & entrepreneurial program & referral network Process social services applications as satellite center & rovide em 10 ent assistance & counselin . Two 2 resume writin seminars One (1) seminar on interviewing and work ethics Conduct 1-2 job fairs Four (4) newsletters Three (3) new businesses or apprentices created 50 applications and 20 employment counselin cases R.M. LEE COMMUNITY DEVELOPMENT CORPORATION COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT 2005-2006 ADDENDUM USES BUDGET ODeratina EXDenses Telephone Postage Accounting Auditing Payroll Services Insurance Office Equipment Purchase SOURCES Professional Services/Project Consultant Administrative Assistant incl. Benefits Total Personnel Costs Total Costs R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC. EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone] INVOICE REIMBURSEMENT Subject: Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16