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R95-180¢iIA~TEST: 'Ci~ Clerk RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, PROVIDING FOR AN EXTENSION OF TIME TO COMPLETE THE LANDSCAPING PORTION OF THE C~D.B.G. PHASE III PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City had previously entered into an Agreement with Palm Beach County which included both the road and drainage construction and installation of landscaping material; and WHEREAS, the City has determined that it would obtain more competitive prices if the landscaping portion was solicited on a separate bid; and WHEREAS, the landscaping portion of the subject Phase III development was unable to be completed within the time frame of the original Agreement; and WHEREAS, staff has requested that a new Agreement be entered into by the City of Boynton Beach and Palm Beach County, to provide funds in the amount of $35,000 as well as extend the completion date to March 31, 1996. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ~ The Mayor and City Clerk are hereby authorized and directed to execute an Agreement between the City of Boynton Beach, Florida and Palm Beach County, said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this '7 day of November, 1995. CITY OF BOYNTON BEACH, FLORIDA Mayor r~'~ ~ay~Pro Tern CDBG.phasellllLandscape 11/2/85 Mr. Remar Harvin, Director Page 2 October 5, 1995 It should be noted that due to items one and two, and a change in the road design, the city was able to save about $49,000.00 of the HCD funding amount (original grant was $130,000.00 road construction was $48,541.00 and :the landscape bidis $34,474.00). 'If a new agreement is to be issued, we ask that it be for $35,000.00 with an expiration date of March 31, 1996. We look forward to your cooperation and a positive response. Sincerely, CITY OF BOYNTON BEACH Carrie Parker City Manager CP:kg CC: Armin Houry, HCD Wilfred Hawkins ,~-Ken Hall $:\CM\CARRIE~CDBGEXTN.WPD 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 defini- tion set by U.S. HUD. Purpose The purpose of this Agreement is to state the cove- nants 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. 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 desig- nee-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 $35-~000 for the period of December 19, 1995 through and including March 31, 1996. Any funds not obligated after the expiration date of this Agreement revert to the County. o 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-94-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 Municipali- ty 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 City of BoyntOn Beach prior to March 31, 1996. 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. CITY O~ BOYlq~ON BEACH (5) (6) (7) "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 be. lccordance with the HCD Po of Housing and Urban a per to act on its mode tion set by U.S. Purpose means the defini The purpose of this Agreement is to state the cove- nants and conditions under which the Municipality- will implement the SC( ~f Services set forth in Part II of this ~eficiaries of 'a project .funded under constitute a majority (51%) of low-and moderate-income persons. 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 I I I COMPENSATION, TIME OF PERFORMANCE, METHOD, AND CONDITIONS OF__ PAYMENT 1. MAXIMUM COMPENSATION The Municipality agrees to accept as full payment fo~ -- services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and HCD Director or desig- nee-approved expenditures and encumbrances made by the Municipality under this Agreement· Said services shall be performed .in a manner satisfactory to }{CD. In no event shall the total compe31sa~n or reimbursement to be paid hereunder exceed th~/~xim~m and total authorized sum of $35,000 for the /p~.od ~f December 19, 1995 through and including Marcy 3~, 1~96. Any funds not obligated after the expiratio~ datjg/of this Agreement revert to the County. ~ ¸. 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-94-UC-12-O004. 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 Municipali- ty 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 thi~ Agreeme3Lt--~In any event, all services required hereunde~ shall/~e, completed by the City of Boynton Beach prior to ~-~'C°unty 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 prowide advance funding to the Municipality or any subcontractors hereunder. CIT~ O~ BOYNTON BEACf[ Requests by the Municipality for payments or reim- bursements shall be accompanied by proper documenta- tion 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 indebiteddness shall be considered proper documentation. When original documents can- not be presented, the Municipality must adequately justify their absence, in writing, and furnish cop- ies. InvOices shall not be honored if received by the Palm Beach. County F!inance Department later than date of this within thirty supported and CONDI (1) TO REQUIRmD in County laws, procedures dures Manual, may from time t and County requlatio~ lines s~ Manual. No proved c ordinance in and codes and with the HCD Policies and Proce- additions thereto as be ~. The Federal, State, and codes are minimal re restrictive guide- ~licies and Procedures made until an HCD-ap- r multi-funded projects 'his designee has been icable). a contract to an project services :ompetitive negotia- law, the Munici- certified copy of the rds authorizing the and a certified copy contracts shall be 'al. Upon receipt of and Contracts, HCD :ified copies to the together with If the Municipality :tact to an i~dependent contractor Municipality shall .t is invoicing. If ,rk force to perform shall submit a authorizing the ~ied copy of the work h it Will be invoic- a contract to project servic- a certified copy of ying the contract to rendered. The shall certify invoiced for has been 6hief finance officer cert ficate to the invoice that paid the !invoice and indicate which the Municipality.paid the some other satisfactory audit placed If the and if tions are pality shall Bid Specific and work to be d( on the of the contra submitted to pi certified will audit Palm Beach comments re has awa! to perform service~ describe the ces for the Municip i project s4 certified purchase of ~1 orders orde ing. If .pality an indep ctor es, the the contra, ces id~ which it. app~] the Municipality's ch ef finance that the work is being completed. The will add his or the Municip check numbe invoice or p .trail. CITY OF BOYNTON BEAC~ Should a project receive additional funding after the commencement of this Agreement, the Munici- Pality shall~notify HCD in writing within thirty (30) daYs of their notification by the funding source and plan within for- t notification. (3) (4) systems analysJ~'~ rol evaluation of tf auditing firm employ{_~.~ Internal Audit Depart- necessary to deter- ied in accordance requirements. hereunder shall be t, written agreement, ect to each provi- documentation in Federal guidelines by the Municipality to execution of any all subcontracts and County laws ensuring that all schedules meet the by the Palm Beach and U.S. HUD. Con- su rye y, a nd fee contracts. have prior writte~-~ detailing catego plus hourly rate required, ana ixed Fee Contract." covered by this ted to consultant cted or reim- approval of the HCD services and goods, including made by purchase order or in conformity with the the Palm Beach County Pur- as well as Federal Manage- A-122, and 24 CFR Part 85 Common ~Rule"), incorporated (s) receipt and approv- by this Agreement, the satisc_ the -project by HCD and th~ audits by the Internal Audii and Federal Government i~ (monthly,~ biweekly, etc.) will prescribed by this Agreement following the execution (6) AND U.S.: HUD REQUIREMENTS right under this Agreement to until the Municipality Ltional conditions that may be nty or U.:S. HUD at any time. CITY OF BOYNTON BEACH (7) (8) (b) (c) (d) (e) (f) 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 and agreements pursuant to Ail capital equipment expenditures of $1 000 or more; · A1 out-of-town"travel; (travel shall be reim- bu~ in accordance with Florida Statutes, Chi 112.061); All change orders; and Requests to utilize uncommitted funds after the expiration of this agreement. finance. re be limi COmmO~ to re' pro,ram income the prio designee ment of procedur, applicab ence. es by the Municipality from activities whole or in part by CDBG funds mus~ be HCD. Such income would include but not to inlcome from service fees, sale of and rental or usage fees. In addition said income, the Municipality shall the procedure developed to utilize :ome to offset project costs. If program sed to the availability of services [ity through this Agreement, ~roval of the HCD Director or his Accounting and disburse- come shall be consistent with the in OMB Circular A-lO2, and other regulations incorporated herein by refer- GENERAL CONDITION~ 1. OPPORTUNITIE: The Muni ground of be excluded di~riminatio performance of' such discr~ to terminate thi To the dents of the for training extent eligibl substantial part by shall be awarded contrac PART IV AND CIVIL RIGHTS COMPLIANc~ tees that no person shall on the col(.r, national origin, religion, or sex m the benefits of, or be subjected to aDy activity carried out by the A reement. Upon receipt of evidence the County shall have the right extent, lower-income resi- 'eas shall be given opportunities ~ent; and to the greatest feasible concerns located in or owned in residing in the project areas in connection with the project. OPPORTUNITIES FOR SMALL iAND MINORITY/WOMRN-OWNED BUSINESS ENTERPRISES' In the tion, or service~ pality shall ma business and supplies and maximum feasib be performed put: extent feasible owned business e by.residents of County in the CDBG by U.S. HUD. At a with the Section Development Act of of supplies, equipment, construc- [ement this Agreement, the Munici- tive effort to utilize small d business enterprises of and provide these sources the to compete for contracts to this Agreement. To the maximum business' and minority/women- es shall be located in or owned areas designated by Palm Beach Statement of Objectives approved the subrecipient shall comply se of the Housing and Community CIndY O~ BOYI~ON BF~C~ EVALUATION AND MONITORING The MuniciPality agrees that HCD will carry out periodic monitoring and evaluation activities as deter- mined necesSarY by HCD or the County and that the continu- ati of: this Agreement is dependent upon satisfactory eva on based on the terms of this Agre, uf quar' HCD, Gr tailed info ne( a versus actual progress ~ets, audit report.~- agrees to furni the County's designe of such records HCD or the submit on a monthly and s upon the request of required by HCD, the by HCD. Monthly (Activity Summary) wilil include: de- the project(s) and the number of clients r of low- to moderate- and the number of fe- int that this Agreement !ments projects, .ble for providing, all to HCD in order to Performance Reports. only to capital im- o as U.S. HUD, all its rec¢ this Ag~ Cot exam, Tho"COunty or ~ the choo~ the to 198 accorda: other app Mul or a mul~ al. iness hours and as often the Comptroller Genera there shall b to HCD, the Countk~_i ler General for examination of all matters covered by will permit HCD, the General to audit and materials, payroll, employment, and other red by this Agreement. the Municipality at the request of :or of the County's shall be borne by 11 be responsible for the MuniciPality, as ~The Municipality agrees le Audit Act of and shall be in the Common Rule, and County will require the within one-hundred ion of this agreement may coincide with the subject to HCD's approw- DATA BECOMES Ail maps~ al assembled, pose of County by the the County plated unde records relating to to HCD if requested.! keep all documents and rec( expiration of this agreement. information, documents, developed, prepared, pality for the pur- be made available to the any time upon request by etion of all work contem- of all documents and shall be surrendered e municipality shall for three (3) years after ClT~i' OF BOYNTON BEACH o 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 request- ed. In any event, the Municipality shall keep all docments and records for three (3) years after expiration of this Agreement. 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, including costs and expenses for or on account of any or all suits actual ¢~r threatened. The Municipality shall pay all claims and losses of any nature whatsoever in connection .therewit~ including costs and attorney's fees, and shall defend Lll suits, relating to its performance of this Agreemen and shall pay all cost~ and judgments which may resl~t, lrticular, the Municipality will hold the' Coutlty hl and will indemnify the County -for funds which the County is obligated to refund the Federal Government arisin o~t of the conduct of activities and administration of Municipality. - =i ad~itiona3 MUniCiPality shall also indemnify and sav~ the rmless from all violations by the Munici' County regulations, codes re acti ni fy ed to At all ipality Li abi 1 ry, bility, Indemn: ing the onl St $200 by a (30) adverse include( interests may for all claims and los ch an shall also be held as a result of said ess and will indem- ounty may be obligat- bY reason thereof. Agreement, the Munic- )rehensive General for personal inju- ~nd contractual lia~ letter to support the [in. Not withstand- ~n immunity 768.28 Florida to time. of not less than be evidenCed provide for thirty non-renewal or any County shall be .al insured as its purpose of this Agreement is to in- crease the-availability of the Municipality's services. This Ag~ is not to substitute for or replace exist- ing or The and lar to not les cts or activities of the Municipality. to maintain a level of activities lanned or existing, for projects simi- assisted under this Agreement which is level existing prior to this Agreement. CONFLI OF INTEREST The agrees to abide by and be governed by Florida statute ~112 (Conflict of Interest) as amended which is incorporated herein by reference. The Municipal- ity fUrther covenants that no person who presently exer- cises any functions or responsibilities in connection with the CDBG Project', has any personal financial interest, direct or indireict, 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 employ- ees shall be disclosed in writing to HCD provided, howev- er ~at tSis paragraph shall be interpreted in such a ClTlf O~ BOYNTON BEACIt o 10. 11. 12. manner so as not to unreasonably impede the statutory requirement that maxil be provided for employment f and low and moderate- in~ ts of the prc area. in¢ ties of the Ci Pt 1 ate Area HCD in inform- )ation Structures, ;ees, of the activ~ the provisio~ Municipalit Committees a~ request of the the County. ,ases describing 1 clearly state the project,-which 2) the dollar ct. HCD funding in this section. ref, be tak pa if (1) (2) (3) incorporated by I constitute and of said documents between the the contract as herein: and B Exhibit A, Work and Budget Circulars A-87-- (4) (5) 11246, and the Davis (6) .2 Manual :k Grant Regula- Require .ye Agreements with (110) ' 'ance or let tain contract without above 'ity. and will be main- One copy of the to the Municipality on of item (2) the MuniCipal- TERMI] drawi~ capit funds County. In the event not red the contra( any p such ~, ty froi .cipa. terminat~ion for any of the following, all data studies, surveys, reports prepared, anl~-~ the Municipality with CDB( ~11 be returned to HCD or th[~ j ~n, the Municipality shall to the County for damages irtue of any breach of the and the CoUnty may withhold for set-off purposes until of damages: due to the Coun- determined. CITY O~' BO~ITON B~AC~I 13. pality as ments and ance. shall in¢ (1) Ineffe (2) 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, the other party shall thereupon ~have the right to terminate this payments in whole or part by to the Municipality of such termination or suspension of payments and specify the effective date of termination or suspension. If withheld, HCD shall specify in writing t must be taken by the Munici- n precedent to resumption of pay- , a reasonable date for compli- cause for of payments CDBG funds; work program or (3) Failure (4:) reports. s as required; and ~y incorrect or incomplete -B. Termination County: The County may terminate without cause at any time by t ten (10) working days notice in writing nty the Municipality. If this the COunty as provid- ed herein, the Municipality will be paid for allow- able services under Part II of this Agree- ment until the e~ ve!date of this. termination. In the event the grant to the County under Title I o~f the Housing and Community Development Act of 1974 (as is suspended or terminated, this Agreement be suspended or terminated effective on the date the U.S. HUD specifies. C. Termination for Convenience of the Municipality: At any time du~ing 'the term of this Agreement, the Municipalitylmay, 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 Agree- ment throughl and including the date of termination subject to %he conditions of Paragraph "B" above. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such riemainder would then continue to conform to the terms and requirements of applicable law. 14. AMENDMENTS The County may, at its discretion, amend this Agree- ment 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: CI~ OF BOYNTON BEACH 16. 17. 18. 19. The: Municipality agrees that, this Ag and ee~ in all matters relating to it will be acting as an independent agent tlm iBeach County employ- ounty provisions of the relative to employ- sation, leave, unem- fits. this Agreement shall be ...... the County to exer- shall not oper- rights. ~nst] twelve (12) enumerated referenced herein, shall each of which shall s% counterparts will 'sions merge any prior agree- hereto and constitutes parties hereby acknowledge representations, warran- ~r than those express- WITNESS our Hands:and Seals on this day of CITY OF BOYNTON BEACH · 1995. BY: Gerald Taylor · Mayor (CITY SEAL) By.' BY: Carrie Parker, City Manager Attorney for Municipality (Signature Optional) Approved as to Form and Legal Sufficiency: PALM BEACH COUNTY, BY ITS BOARD OF .COUNTY COMMISSIONERS BY: BY: Tammy K. Fields Assistant County Attorney Palm Beach County_ Mary McCarty, Chair Board of County Commissioners ATTEST:~ Dorothy H. Wilken, Clerk (COUNTY SEAL) BY: Deputy clerk REF: AGRBB94.2/CI ! · :~ .:.i C I~i' OF BOYIqTON BEACH EXHIBIT A: WORK PROGRAM NARRATIVE CITY OF BOYNTON BEACH I. The Municipality agrees to: A. PROJECT SCOPE: Implement landscaping in the Boynton Beach Neigh- borhood Strategy Area including but not limited to site preparation, sodding, tree planting and incidental right- of-way improvements. The improvements are to be made on of N.E. 13th Avenue N.E. 12th Avenue between N E 1st Street and Railroad Avenue. B. PROJECT OVERSIGHT: The Municipality shall provide project administration, including engineering design, bid preparation, advertising, bid evaluation, contract award, inspection and recommendation of pay requests during the term of this agreement. Cf' FORMER PROJECTS: The Municipality shall maintain all previously completed CDBG funded projects. Failure to do so will result in forfeiture of future CDBG fund~ and will delay funding for ongoing activities. De WORK SCHEDULE: The time frame for completion of the outlined activities shall be March 30, 1996. Activities Date Complete Design & Contract Documents Advertise & Accept Bids Award Contract Start Construction Complete Construction Complete. Complete. Complete. December 23,1995 March 31,1996 REPORTS: The Municipality shall submit detailed month-' ly 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 fulfill- ment of their obligations regarding the projects. The progress reports should be mainly in the form of a narra- tive 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. II. The County agrees to: Provide funding for the above specified landscaping de- scribed in the Scope of the Project, during the term of this agreement, in the amount of $35,000. Be 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 ~y 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 veri- fy 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 enforce- ment. CITY O~ BOYN~ON BEACfl EXHIBIT "B' LETTERHEAD STATIONARY TO: FROM: Remar M. Harvin, Director Housing and Community Development 3323 Belvedere Road, Building ~501 West Palm Beach, FL 33406 Name of Subgrantee: Address: RE: Phone: INVOICE REIMBURSEMENT Attached, you will find Invoice ~ , requesting reim- bursement 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 REF: AGRBB94.2/CI