R96-183RESOLUTION NO. R96-/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND PALM BEACH COUNTY
PROVIDING COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS FOR PHASE I AND PHASE II OF
EZELL HESTER, JR., PARK IMPROVEMENTS,
COMBINING THE CONSTRUCTION OF PHASE I AND
PHASE II OF THE PROJECT TO MINIMIZE THE
CONSTRUCTION IMPACT ON THE PARK; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Palm Beach County and the City of Boynton Beach
had previously entered into an Agreement which provided
Community Development Block Grant Funds for Phase I of Ezell
Hester, Jr., Park in the City of Boynton Beach, which includes
the development of a lighted football field, lighted basketball
and tennis courts, as well as parking lot expansion; and
WHEREAS, the parties wish to enter into an Agreement with
Palm Beach County to provide Community Development Block Grant
Funds for Phase II of Ezell Hester, Jr., Park, which includes
the development of four lighted racquet ball courts, three
lighted sand volley ball courts, a restroom building, as well as
landscaping and irrigation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida does hereby authorize the Mayor and City Clerk to
execute an Agreement between the City of Boynton Beach and Palm
Beach County, providing Community Development Block Grant Funds
for Phase II of Ezell Hester, Jr., Park. A copy of said
Amendment is attached hereto as Exhibit "A".
Section 2. That construction of Phase I and Phase II
shall be combined in order to minimize the construction impact
on the park.
Section 3. That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this /~ day of December, 1996.
ATTEST:
Ciffy Clerk
CITY OF BOYNTDN BEkCHo FLORIDA
Mayor ~/ ~
ffay j
Co--is sioner
Co~issioner
/ Co~issioner
/
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AGREEMENT BETWEEN PALM BEACH COUNTY
•
AND
THE CITY OF BOYNTON BEACH R97 17 6 D
THIS AGREEMENT, entered into this day o1FEB 4 1997, 19 by and between
Palm Beach County, a political subdivision of the State of Florida, for the use and benefit of its
Community Development Block Grant Program, and the City of Boynton Beach, a Municipality duly
organized and existing by virtue of the laws of the State of Florida, having its Principal Office at
100 East Boynton Boulevard. Boynton. Beach. Florida 33435.
WHEREAS, Palm Beach County 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 Palm Beach County,
pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and
WHEREAS, certain Palm Beach County Community Development Block Grant Citizen
Participation Structures, the Board of County Commissioners of Palm Beach County, and the City
of Boynton Beach, desire to provide the activities specified in Part II of this contract; and
WHEREAS, Palm Beach County desires to engage the City of Boynton Beach 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
DEFINITION AND PURPOSE
1. DEFINITIONS
(1) "County" means Palm Beach County.
(2) "CDBG" means the Community Development Block Grant Program of Palm
Beach County.
(3) "HCD" means Palm Beach County Housing and Community Development.
(4) "Municipality" means the City of Boynton Beach.
(5) "HCD Approval" means the written approval of the HCD Director or his designee of
the Community Development Block Grant Program after a request or a report has
been properly processed in accordance with the HCD Policies and Procedures
Manual.
(6) "U.S. HUD" means the Secretary of Housing and Urban Development or a person
authorized to act on its behalf.
(7) "Low and moderate income persons" means the definition set by U.S. HUD.
2. PURPOSE
The purpose of this Agreement is to state the covenants and conditions under which the
Municipality 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.
CITY OF BOYNTON BEA
PART II
SCOPE OF SERVICES
The Municipality shall, in a satisfactory and proper manner as determined by HCD, perform the
tasks necessary to conduct the program outlined in the Work Program Narrative, 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 CONDITIONS OF PAYMENT
1. MAXIMUM COMPENSATION
The Municipality agrees to accept as full payment for services rendered pursuant to this
Agreement the actual amount of budgeted, eligible, and HCD Director or designee -
approved expenditures and encumbrances made by the Municipality under this Agreement.
Said services shall be performed in a manner satisfactory to HCD. In no event shall the
total compensation or reimbursement to be paid hereunder exceed the maximum and total
authorized sum of $267.605 period of Febraury 4, 1997 through and including November
30. 1997. Any funds not obligated after the expiration date of this Agreement revert to the
County.
2. 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 under U. S. HUD Community
Development Block Grant No. B- 96 -UC -12 -0004.
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 Municipality shall commence
upon execution of this Agreement or receipt of an Order to Proceed from HCD, 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 Municipality prior to November 30.
1997.
3. METHOD OF PAYMENT
The County agrees to make payments and to reimburse the Municipality for all budgeted
costs permitted by Federal, State, and County guidelines In no event shall the County
provide advance funding to the Municipality or any subcontractors hereunder.
Requests by the Municipality for payments or reimbursements shall be accompanied by
proper documentation of expenditures and shall be submitted to HCD for approval nolater
than thirty (30) days after the date the indebtedness was incurred. Payment shall be
made by the Palm Beach County Finance Department upon proper presentation of
invoices and reports approved by the Municipality and HCD. For purposes of this section,
originals of invoices, receipts, or other evidence of indebteddness shall be considered
proper documentation. When original documents cannot be presented, the Municipality
must adequately justify their absence, in writing, and furnish copies. Invoices shall not be
honored if received by the Palm Beach County Finance Department later than thirty (30)
days after the expiration date of this Agreement. Payment may be expected within thirty
(30) days after filing a properly supported and approved invoice (See Exhibit B).
4. CONDITIONS ON WHICH PAYMENT IS CONTINGENT
(1) IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED
PROCEDURES
The Municipality shall implement this Agreement in accordance with will
audit and forward said certified copies to the Palm Beach County Finance
Department together with comments related to the audit. If the Municipality
has awarded a contract to an independent contractor to perform project
services, the Municipality shall describe the services for which it is invoicing.
If the Municipality uses its own work force to perform project services, the
Municipality shall submit a certified copy of the purchase orders authorizing
the purchase of material and a certified copy of the work orders ordering the
work for which it will be invoicing. If the Municipality has awarded a contract
to an independent contractor to perform project services, the Municipality
shall submit a certified copy of the contractor's invoices identifying the
contract to which it applies stating the services rendered. The Municipality's
chief finance officer shall certify that the work that is being invoiced for has
been completed.
Pnnc 0 of 1')
CITY OF BOYNTON BEA
The Municipality's chief finance officer will add his or her certificate to the
invoice that the Municipality has paid the invoice and indicate check
numbers with which the Municipality paid the invoice or provide some other
satisfactory audit trail.
Should a project receive additional funding after the commencement of this
Agreement, the Municipality shall notify HCD 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 County may have a financial systems analysis and an internal fiscal
control evaluation of the Municipality by an independent auditing firm
employed by the County or by the County Internal Audit Department at any
time the County deems necessary to determine if the project is being
managed in accordance with Federal, State, and County requirements.
(3) SUBCONTRACTS
Any work or services subcontracted hereunder shall be specifically by
written contact, written agreement, or purchase order and shall be subject to
each provision of this Agreement. Proper documentation in accordance with
County, State, and Federal guidelines and regulations must be submitted by
the Municipality to HCD and approved by HCD prior to execution of any
subcontract hereunder. In addition, all subcontracts shall be subject to
Federal, State, and County laws and regulations. This includes ensuring
that all consultant contracts and fee schedules meet the minimum standards
as established by the Palm Beach County Engineering Department and U.S.
HUD. Contracts for architecture, engineering, survey, and planning shall be
negotiated fixed fee contracts. All additional services shall have prior written
approval with support documentation detailing categories of persons
performing work plus hourly rates including benefits, number of drawings
required, and all items that justify the "Fixed Fee Contract." Reimbursables
will be at cost.
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 prior written approval of the HCD Director 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 Palm Beach County Purchasing Procedures
Manual, as well as Federal Management Circulars A -128, A -122, and
24CFR Part 85 (also known as the Common Rule), 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 HCD and the
County and satisfactory audits by the Internal Audit Departments of the
County and Federal Government if required. All reports (monthly, biweekly,
etc.) will be due within the time prescribed by this Agreement and the
attachments hereto following the execution of this Agreement.
(6) ADDITIONAL HCD. COUNTY. AND U.S. HUD REQUIREMENTS
HCD shall have the right under this Agreement to suspend or terminate
payments until the Municipality complies with any additional conditions that
may be imposed by HCD, the County 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 HCD Director or his designee to be eligible for
reimbursement or payment:
(a) Initiation of new programs not covered by this Agreement;
(b) All subcontracts and agreements pursuant to this Agreement;
(c) All capital equipment expenditures of $1,000 or more;
(d) All out -of -town travel; (travel shall be reimbursed in accordance with
Florida Statutes, Chapter 112.061);
(e) All change orders; and
(f) Requests to utilize uncommitted funds after the expiration of this
agreement.
Page 3 of 12
CITY OF BOYNTON BEA .
(8) PROGRAM - GENERATED INCOME
All income by the Municipality from activities financed in whole or in part by
CDBG funds must be reported to HCD. 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 Municipality shall
report to HCD 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 Municipality through this Agreement, the prior
written approval of the HCD Director or his designee will be required.
Accounting and disbursement of program income shall be consistent with
the procedures outlined in OMB Circular A -102, and other applicable
regulations incorporated herein by reference.
PART IV
GENERAL CONDITIONS
1. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The Municipality agrees that no person shall on the ground of race, color, 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 County 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.
2. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN -OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services to implement this
Agreement, the Municipality shall make a positive effort to utilize small business and
minority /women -owned business enterprises of supplies and services, and provide these
sources the maximum feasible opportunity to compete for contracts to be performed
pursuant to this Agreement. To the maximum extent feasible these small business and
minority /women- owned business enterprises shall be located in or owned by residents of
the CDBG areas designated by Palm Beach County in the CDBG Final Statement of
Objectives approved by U.S. HUD. At a minimum, the subrecipient shall comply with the
Section 3 Clause of the Housing and Community Development Act of 1968.
3. EVALUATION AND MONITORING
The Municipality agrees that HCD will carry out periodic monitoring and evaluation activities
as determined necessary by HCD or the County and that the continuation of this
Agreement is dependent upon satisfactory evaluation conclusions.
Such evaluations 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 Municipality agrees to furnish upon request to HCD, the County or the
County's designees and make copies or transcriptions of such records and information as
is determined necessary by HCD or the County. The Municipality shall submit on a
monthly and quarterly basis, and at other times upon the request of HCD, information and
status reports required by HCD, the County or U.S. HUD on forms approved by HCD.
Monthly Grantee Performance Reports 4949.2 (Activity Summary) will be required. This
information will include: detailed information on the status of the project(s) and status of
funds; and if applicable, the number of clients served by census tract; the number of low- to
moderate - income persons; racial breakdown; and the number of female- headed
households. In the event that this Agreement should provide funds for capital
improvements projects, the Municipality shall be responsible for providing all necessary
and pertinent information to HCD in order to allow for completion of the Grantee
Performance Reports. However, this exception shall apply only to capital improvements
activities.
4. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as HCD, the County, U.S. HUD, or
the Comptroller General of the United States may deem necessary, there shall be made
available by the Municipality to HCD, the County, U.S. HUD, or the Comptroller General for
examination of all its records with respect to all matters covered by this Agreement. The
Municipality will permit HCD, the County, 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.
Page 4 of 12
CITY OF'BOYNTON BEA
The County reserves the right to require the Municipality or any of its subcontractors to
submit, at the request of the County, to an audit by an auditor of the County's choosing.
The cost of any said audit shall be borne by the Municipality. The County will be
responsible for providing technical assistance to the Municipality, as deemed necessary by
either party. The Municipality agrees to comply with the provisions of the Single Audit Act
of 1984 as it pertains to this Agreement, and shall be in accordance with OMB circulars A-
128, the Common Rule, and other applicable regulations. The County will require the
Municipality to submit an audit to HCD within one - hundred eighty (180) days after: a) the
end of any federal fiscal year covered by this agreement, and b) expiration of this
agreement or at a mutually agreed time that may coincide with the municipalities fiscal year
audit, subject to HCD's approval.
5. DATA BECOMES COUNTY PROPERTY
All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the Municipality for the purpose of this
Agreement shall be made available to the County by the Municipality at any time upon
request by the County or HCD. Upon completion of all work contemplated under this
agreement copies of all documents and records relating to this agreement shall be
surrendered to HCD if requested. In any event the municipality shall keep all documents
and records for three (3) years after expiration of this agreement.
6. INDEMNIFICATION
The Municipality, to the extent permitted by laws, shall indemnify and save the County
harmless from any and all claims, losses, damages, and causes of actions which may arise
out of the performance of this Agreement by the Municipality, including costs and expenses
for or on account of any or all suits actual or threatened. The Municipality 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 its performance of this Agreement,
and shall pay all costs and judgments which may result. In particular, the Municipality will
hold the County harmless and will indemnify the County for funds which the County is
obligated to refund the Federal Government arising out of the conduct of activities and
administration of the Municipality.
Additionally, the Municipality shall also indemnify and save the County harmless from all
violations by the Municipality of Federal, State, and County regulations, codes and statutes.
The Municipality shall also be held responsible for all claims and losses as a result of said
actions and will hold the County harmless and will indemnify the County for funds which the
County may be obligated to refund to the Federal Government by reason thereof. The
Municipality'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
claims, losses, damages or causes of action caused by the negligence or willful misconduct
of the County, its representative agents, servants, employees, or officers. At all times
during the term of this Agreement, the Municipality shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property
damage, and contractual liability, or verify self insurance by letter to support the
Indemnification clause contained herein.
Such insurance shall be in an amount of not less than $200,000 each occurrence, and
coverages shall be evidenced by a Certificate of Insurance and shall provide for thirty (30)
days notice of cancellation, non - renewal or any adverse change in coverage. Palm Beach
County shall be included in the coverage as an additional insured as its interests may
appear.
7. MAINTENANCE OF EFFORT
The intent and purpose of this Agreement is to increase the availability of the Municipality's
services. This Agreement is not to substitute for or replace existing or planned projects or
activities of the Municipality. The Municipality 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.
8. CONFLICT OF INTEREST
The Municipality agrees to abide by and be governed by Florida Statute #112 (Conflict of
Interest) as amended which is incorporated herein by reference. The Municipality 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 target areas or any parcels therein, 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 Municipality. Any possible conflict of interest on
the part of the Municipality or its employees shall be disclosed in writing to HCD 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 low and moderate - income residents of the project target
area.
Page 5 of 12
CITY OF'BOYNTON BEA .
9. CITIZEN PARTICIPATION
The Municipality shall cooperate with HCD in the implementation of the Citizen Participation
Plan by establishing a citizen participation process to keep residents informed of the
activities the Municipality is undertaking in carrying out the provisions of this agreement.
Representatives of the Municipality shall attend meetings and cooperate with area
representatives upon the request of the Citizen Participation Officers, HCD, or the County.
10. RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified
as to funding source. The agency will include a reference to the financial support herein
provided by HCD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize HCD's support for all activities made possible with funds made
available under this Agreement.
11. CONTRACT DOCUMENTS
The following documents are herein incorporated by reference and made a 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 Exhibits A and B
(2) Proposed Budget(s) - included in Exhibit A, Work Program Narrative
(3) Office of Management and Budget Circulars A -87, A -102, and A -128
(4) Florida Statutes, Chapter 112
(5) Executive Orders 11026, 11625, 11246, and the Davis
Bacon Act
(6) Grantee Performance Report Form 4949.2
(7) Palm Beach County Purchasing Procedures Manual
(8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as
amended
(9) The Common Rule for Uniform Administrative Requirements or Grants and
Cooperative Agreements with State and Local Governments.
(10) The Municipality's Certificate of Insurance or letters verifying self- insurance.
All of these documents are filed and will be maintained at the Business Office of HCD. One
copy of the contract documents will be furnished to the Municipality without charge by
HCD, with the exception of item (2) above, which has been transmitted to HCD by the
Municipality.
12. TERMINATION
In 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 Municipality with CDBG funds under this Agreement shall be
returned to HCD or the County.
In the event of termination, the Municipality shall not be relieved of liability to the County for
damages sustained by the County by virtue of any breach of the contract by the
Municipality, and the County may withhold any payment to the Municipality for set -off
purposes until such time as the exact amount of damages due to the County from the
Municipality is determined.
A. Termination /Suspension of Payments /Contract for Cause: If through any cause
either party shall fail to fulfill in timely and proper manner its obligations under this
Agreement, or if either party shall violate any of the covenants, agreements, or
stipulations of this Agreement, either party shall thereupon have the right to
terminate this Agreement or suspend payments in whole or part by giving written
notice to of such termination or suspension of payments and specify the effective
date of termination or suspension.
If payments are withheld, HCD shall specify in writing the actions that must be taken
by the Municipality as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of
payments shall include, but not be limited to:
(1) Ineffective or improper use of CDBG funds;
(2) Failure to comply with the work program or terms of this Agreement;
(3) Failure to submit reports as required; and
(4) Submittal of materially incorrect or incomplete reports.
Page 6 of 12
CITY OF BOYNTON BEA . .
B. Termination for Convenience of County: The County may terminate this Agreement
without cause at any time by giving at least ten (10) working days notice in writing
from the County to the Municipality. If this Agreement is terminated by the County
as provided herein, the Municipality will be paid for allowable services performed
under Part II of this Agreement until the effective date of this termination.
In the event the grant to the County 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 the U.S. HUD
specifies.
C. Termination for Convenience of the Municipality: At any time during the term
of this Agreement, the Municipality may, at its option and for any reason, terminate
this Agreement upon ten (10) working days written notice to the HCD.
Upon termination, the Municipality shall be paid for services rendered pursuant to
this Agreement through and including the date of termination subject to the
conditions of Paragraph "B" above.
13. 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.
14. AMENDMENTS .
The County may, at its discretion, amend this Agreement to conform with changes in
Federal, State, County, or U.S. HUD guidelines, directives, and objectives. Such
amendments shall be incorporated by written amendment as a part of this Agreement and
shall be subject to approval of the Palm Beach County Board of County Commissioners.
Except as otherwise provided herein, no amendment to this Agreement shall be binding on
either party unless in writing, approved by the Board of County Commissioners and signed
by both parties.
15. NOTICE
All notice required to be given under this Agreement shall be sufficient when delivered to
HCD at its office at 3323 Belvedere Road, Building 501, West Palm Beach, Florida 33406,
and to the Municipality when delivered to its office at the address listed on Page One (1) of
this Agreement.
16. INDEPENDENT AGENT AND EMPLOYEES
The Municipality agrees that, in all matters relating to this Agreement, it will be acting as an
independent agent and that its employees are not Palm Beach County employees and are
not subject to the County provisions of the law applicable to County employees relative to
employment, hours of work, rates of compensation, leave, unemployment compensation
and employee benefits.
17. NO FORFEITURE
The rights of the County under this Agreement shall be cumulative and failure on the part
of the County to exercise promptly any rights given hereunder shall not operate to forfeit or
waive any of the said rights.
18. PUBLIC ENTITY CRIMES
As provided in F.S. 287.133 by entering into this contract or performing any work in
furtherance hereof, the Municipality 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. This notice is required by F.S. 287.133
(
19. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of eleven (11) enumerated pages which include the exhibits
referenced herein, shall be executed in four (4) counterparts, each of which shall be
deemed to be an original, and such counterparts will constitute one and the same
instrument.
Page 7 of 12
CITY OF BOYNTON BEAD , i
20. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties
hereto and constitutes the entire understanding. The parties hereby acknowledge that
there have been and are no representations, warranties, covenants, or undertakings other
than those expressly set forth herein.
WITNESS our Hands and Seals on this dayFdB 4 j16719 _
CITY OF BOYNTON BEACH
,,����;uiuur ►tii BY: JJ zr�� 7
`O,NTON 9��i GERALD TAYLOR, ' or
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y . • By:. ...-.... A _ I�w►.:g -.•
I V X 9 20 . ; ' SU !• NE M. KRUSE, City ERK
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ttorney for Municipality
(MUNICIPALITY SEAL) (Signature Optional)
PALM BEACH COUNTY, BY ITS
BOARD OF COUNTY COMMISSIONERS
/
By: ..... - ' ' -
Approved as; to Form and li •rte r. ';1dTS R
Legal Suffi ' ncy - Board of County Com 'io
Palm Beach County
` - ,104' -''�ti
BY: `-c.- FEB 4 1397
Tammy K. Fields
Assistt(nt County Attorney
Palm Beach County
ATTEST: ..-
CUN
Dorothy H. ilken, Clerk _ -,' p, -• Y'►,
. . ,' . o.M BF4 ` 1• •
BY: Ae LL' 4 OUNTY, :E:
Depu y Clerk 4.. '(COUNTY SEAL)
R97 176 o
S:\ CAPIMPRV\ MUNICIPL \BOYNTBCH \HESTRPRK\AGRHESTR. WPD
Page 8 of 12
CITY OF BOYNTON BEA,
EXHIBIT "A"
WORK PROGRAM NARRATIVE
CITY OF BOYNTON BEACH
I. THE MUNICIPALITY AGREES TO:
A. PROJECT SCOPE:
Design and construction of phase II for the following EZELL HESTER park improvements:
Four (4) lighted racquetball courts.
Three (3) lighted volleyball courts.
Restroom building.
Landscaping and irrigation.
Sidewalk along the north side of N W 17th Avenue.
The Municipality shall incorporate the design of the above improvements into phase one of
this project already funded by the County under a separate agreement with the
Municipality. Work funded under both agreements shall then be let out to bid together, and
awarded under one construction contract.
The Municipality recognizes that the following environmental concerns included in phase
one of the project are also applicable to this phase .
In regard to the preparation at the Ezell Hester Park preserve area at the Ezell Hester
Park, the Municipality agrees to accomplish the following concurrent with implementation of
the above described work:
a) Provide all necessary mitigating measures during the proposed construction in order not
to adversely affect the preserve area.
b) Direct the consultant preparing the design for this project to incorporate features in the
project that do not adversely impact the preserve area.
c) Review and incorporate additional management guidelines into the existing preserve
area plan prepared by Dr. Joe Edmisten. Such revised management plan to be formatted
similar to the Rosemary Scrub management plan previously submitted by Palm Beach
- County to the Florida Community Trust (FCT) Organization
d) Incorporate in said revised plan comments from interested persons and agencies
already identified and involved in discussions and meetings on this matter with the City.
e) Complete this new /revised management plan no later than the expiration date of this
agreement.
The Municipality further agrees that HCD, in consultation with any parties it deems
necessary, shall be the final arbiter on the Municipality's compliance with the above.
B. DAVIS -BACON ACT: The Municipality shall incorporate a copy of the Davis -Bacon wage
decision and disclose the requirements of the Davis -Bacon Act in its construction bid
solicitation.
C. BONDING REQUIREMENTS: The Municipality shall comply with the requirements of OMB
Circular A -110 Attachment B in regard to bid guarantees, performance bonds, and
payment bonds.
D. CONSTRUCTION PAYMENT RETAINAGE: The Municipality shall apply a retainage of at
least 5% on all construction draws which retainages shall be released in conjunction with
the final draw upon satisfactory completion of the project. The Municipality agrees not to
release such retainages until it has obtained approval from the County that the contractor
and subcontractors have complied with the requirements of the Davis -Bacon Act.
E. SECTION 3 REQUIREMENTS: The Municipality agrees not to advertise or award any
contracts to be funded through this agreement until it has received, from the County, the
Section 3 requirements applicable to the project described above. The Municipality further
agrees to comply with all Section 3 requirements applicable to such project as determined
by the County.
F. FORMER PROJECTS, The Municipality shall maintain all previously completed CDBG
funded projects. Failure to do so will result in forfeiture of future CDBG funds and will delay
funding for ongoing activities.
Page 9 of 12
CITY OF'BOYNTON BEAk
G. WORK SCHEDULE: The time frame for completion of the outlined activities shall be
November 30. 1997 .
Complete Design & Contract Documents Mar 15, 1997
Advertise & Accept Bids Apr 15, 1997
Award Contract May 21, 1997
Start Construction Jun 15, 1997
Complete Construction Nov 30, 1997
H. REPORTS: The Municipality shall submit detailed monthly progress reports to Housing
and Community Development outlining the status of specific activities under each project.
Each report must account for the total activity for which the Municipality is reimbursed in
part or in whole, with CDBG funds and which is required in fulfillment of their obligations
regarding the projects. The progress reports should be mainly in the form of a narrative
and are required in addition to monthly Grantee Performance Reports (GPR's). The
progress reports shall be used as an additional basis for invoice reimbursement.
I. USE OF THE PROJECT FACILITY: The Municipality agrees in regard to the use of the
facility /property whose acquisition or improvements are being funded in part or in whole by
CDBG funds as provided by this Agreement, that for a period not less than ten (10) years
after the expiration date of this agreement (as may be amended from time to time):
a. The Municipality may not change the use or planned use of the
facility /property (including the beneficiaries of such use) from that for which
the acquisition or improvements are made, unless the Municipality provides
affected citizens with reasonable notice of, and opportunity to comment on,
any such proposed change and either:
1. The new use of the facility /property qualifies as meeting one of the
national objectives defined in the regulations governing the CDBG
program, and is not a building for the general conduct of govern-
ment; or
2. The requirements of paragraph (b) of this section are met.
b If the Municipality determines after consultation with affected citizens, that it
is appropriate to change the use of the facility /property to a use which does
not qualify under paragraph (a (1) of this section, it may retain or dispose of
the facility for such use if the County is reimbursed in the amount of the
current fair market value of the facility /property Tess any portion thereof
attributable to expenditures of non -CDBG funds for acquisition of, or
improvements to the facility /property. The final determination of the amount
of any such reimbursement to the County under this paragraph shall be
made by the County.
c. Following the reimbursement of CDBG funds by the Municipality to the
County pursuant to paragraph (b) above, the facility /property will then no
longer be subject to any CDBG requirements.
The provisions of this clause shall survive the expiration of this agreement.
11. THE COUNTY AGREES TO:
A. Provide funding for the above specified improvements (including consultant services)
described in the Scope of the Project, during the term of this agreement, in the amount of
$267,605. However, the County shall not provide any funding for the construction work until
it is assured that sufficient funds are available to complete the entire project.
B. Provide project administration and inspection to the Municipality to ensure compliance with
U.S. HUD and the Department of Labor, and applicable State, Federal and County laws
and regulations.
C. Monitor the Municipality at any time during the term of this Agreement. Visits may be
announced or unannounced as determined by HCD and will serve to ensure compliance
with U.S. Department of HUD regulations, that planned activities are conducted in a timely
manner, and to verify the accuracy of reporting to HCD on program activities.
D. The County shall perform an environmental review of the project, and review and approve
project design and bids submitted for the work. The County shall also perform Davis
Bacon Act Labor Standards monitoring and enforcement. Environmental review costs
incurred by the County may be charged to the project budget identified above.
Page 10 of 12
CITY OF'BOYNTON BEA■
E. Allowable costs that may be paid by the County under this Agreement in addition to those
stated in II.A above:
i) Costs of asbestos surveys, asbestos abatement, and abatement monitoring.
ii) Cost of soil testing.
iii) Reproduction costs of plans and specifications for the project.
iv) Costs of any other services customarily associated with projects of the nature of the
project contemplated by this Agreement.
The County shall review requests by the Municipality for expenditures on the above items
prior to undertaking the services associated with them, and approve any such expenditures
it deems appropriate for this project.
Page 11 of 12
CITY OF BOYNTON BEA
EXHIBIT "B' LETTERHEAD STATIONARY
TO: Remar M. Harvin, Director
Housing and Community Development
3323 Belvedere Road, Building #501
West Palm Beach, FL 33406
FROM: Name of Subgrantee:
Address:
Phone:
RE: INVOICE REIMBURSEMENT
Attached, you will find Invoice # , requesting reimbursement in the amount of
$ . The expenditures for this invoice covers the period through
. You will also find attached back -up original documentation relating to the
expenditures being invoiced.
Approved for Payment
S:\CAPI M PRV\M UN ICI PL \BOYNTBCH \HESTRPRK\AG RHESTR. WPD
Page 12 of 12
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Boynton Beach
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June 19, 1996
Mr. Remar M. Harvin, Director
Palm Beach County
Department Of Housing & Community Development
3323 Belvedere Road, Bldg. 501
West Palm Beach, Florida 33409
VIA. Facsimile (407) 233 -3651
Dear Mr. Harvin:
The City of Boynton Beach is self- insured for $100,0001$200,000 and carries excess
liability coverage to one million dollars ($1,000,000) through the Florida Municipal League
Self Insurance Program (#FMIT 55).
If you have any questions, please do not hesitate to contact me at (407) 375.6010.
Sincerely,
CITY OF BOYNTON BEACH
Wilfred Hawkins
Assistant to the City Manager
WH:smb
3,0040. F MGM 13 Mt Woo
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