R94-207RESOLUTION NO. R94-~,~
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO ENTER
INTO AN AGREEMENT BETWEEN PALM
BEACH COUNTY, AND THE CITY OF
BOYNTON BEACH, FOR THE USE AND
BENEFIT OF ITS COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
(LINEAR PARK, PHASE II); AND PROVIDING
AN EFFECTIVE DATE.
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
I! of this Agreement; attached hereto as Exhibit "A".
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, 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
hereby authorizes the City Manager to execute the Agreement between Palm Beact
County and the City of Boynton Beach, providing for the activities specified in Part II
of this Agreement.
Section 2. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this
ATTEST:
rk
(Corporate Seal)
Authsig.WP5
CDBG.Gra~
~ day of December.
CI'I'~ OF BOYN'~ON BEACH, FLORIDA
Mayor ~/
Vi~ Mayor
Mayor Pro ~~~,
Commissioner
co~?
R9.4 -....,:.,7
R95 "220 1
AGREEMENT BETWEEN PALM BEACH COUNTY
AND
THE CITY OF BOYNTON BEACH
THIS AGREEMENT, entered into this day of FE6 21 1995 ,
1995, 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 princi-
pal office at 100 East Boynton Boulevard, Boynton Beach, Flori-
.
da 33435.
WHEREAS, Paim Beach County has entered into an agreement
with the United States Department of Housing and Urban Develop-
ment 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 Paim Beach County Housing and Community
Development.
(4) "Municipality" means the City of Boynton Beach.
y
CITY OF BOYN'1 , 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.
2. 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
$229,508 for the period of February 21, 1995 through
and including March 29, 1996. 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- 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 29, 1996.
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.
.
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CITY OF BOYNT BEACH
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 indebteddness 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 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 applicable Federal, State, and
County laws, ordinances, and codes and with the
procedures outlined in the HCD Policies and Proce-
dures Manual, and amendments and additions thereto as
may from time to time be made. The Federal, State,
and County laws, ordinances and codes are minimal
regulations supplemented by more restrictive guide-
lines set forth in the HCD Policies and Procedures
Manual. No payments will be made until an HCD -ap-
proved cost allocation plan for multi- funded projects
approved by HCD Director or his designee has been
placed on file with HCD (if applicable).
If the Municipality has awarded a contract to an
independent contractor to perform project services
and if competitive bidding or competitive negotia-
tions are required under applicable law, the Munici-
pality shall provide HCD with a certified copy of the
Bid Specifications and Bid Awards authorizing the
work to be done on the projects and a certified copy
of the contract let. All such contracts shall be
submitted to HCD for prior approval. Upon receipt of
certified copies of Bid Awards and Contracts, HCD
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 invoic-
ing. If the Municipality has awarded a contract to
an independent contractor to perform project servic-
e, 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. 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.
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CITY OF 8OYN1" " BEACH
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
submit an approved cost allocation plan within for-
ty -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 Depart-
ment at any time the County deems necessary to deter-
mine 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 provi-
sion 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. Con-
tracts for architecture, engineering, survey, and
planning shall be negotiated fixed fee contracts.
All additional services shall have prior written
approval with support documentation detailing catego-
ries 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 reim-
bursed 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 Pur-
chasing Procedures Manual, as well as Federal Manage-
ment Circular A -128, and A -122, and 24 CFR 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 approv-
al of reports required by this Agreement, the satis-
factory evaluation of the project by HCD and the
County and satisfactory audits by the Internal Audit
D partments 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.
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CITY OF BOYN` 1 BEACH
(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 reim-
bursed 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.
(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 disburse-
ment of program income shall be consistent with the
procedures outlined in OMB Circular A -102, and other
applicable regulations incorporated herein by refer-
ence.
GENERAL CONDITIONS PART IV
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 resi-
dents 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, construc-
tion, or services to implement this Agreement, the Munici-
pality shall make a positive effort to utilize small
business and minority /women -owned business enterprises of
supplies and service, d,..: 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.
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CITY OF BOYNT - N BEACH
3. 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-
ation 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: de-
tailed 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 fe-
male- 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 im-
provements 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.
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 the expiration of this agreement
or at a mutually agreed time that may coincide with the
municipalities fiscal year audit, subject to HCD's approv-
al.
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 pur-
pose 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 contem-
plated 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.
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CITY OF BOYN7 1 BEACH
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.
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, 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 indem-
nify the County for funds which the County may be obligat-
ed to refund to the Federal Government by reason thereof.
At all times during the term of this Agreement, the Munic-
ipality shall maintain in force Comprehensive General
Liability Insurance, including coverage for personal inju-
ry, bodily injury, property damage, and contractual lia-
bility, or verify self insurance by letter to support the
Indemnification clause contained herein. Not withstand-
ing the foregoing, the City waives its sovereign immunity
only to the extent provided by Section 768.28 Florida
Statutes as may be amended from time to time.
Such insurance shall be in an amount of not less than
$200,000 each occurrence, and coveragesshall 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 in-
crease the availability of the Municipality's services.
This Agreement is not to substitute for or replace exist-
ing or planned projects or activities of the Municipality.
The Municipality agrees to maintain a level of activities
and expenditures, planned or existing, for projects simi-
lar 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 are_ 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 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 employ-
ees shall be disclosed in writing to HCD provided, howev-
er, that this parag*aph shall interpreted in such a
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CITY OF BOY ' BEACH
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.
9. CITIZEN PARTICIPATION
The Municipality shall cooperate with HCD in inform-
ing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activi-
ties of the Municipality in carrying out the provisions
of this Agreement. Representatives of the Municipality
shall attend meetings of the appropriate Committees and
Citizen Participation Structures upon the request of the
Citizen Participation Officers, HCD, or the County.
10. PROJECT PUBLICITY
When issuing statements or press releases describing
projects or programs, the Municipality shall clearly state
1) the percentage of the total cost of the project, which
will be financed with federal money; and 2) the dollar
amount of federal funds for the project. HCD funding
will be similarly recognized as outlined in this section.
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 Regula-
tions (24 CFR Part 570), as amended
(9) The Common Rule for Uniform Administrative Require
ments for Grants and Cooperative Agreements with
State and Local Governments.
(10) The Municipality's Certificate of Insurance or let
ters verifying self- insurance.
All of these documents are filed and will be main-
tained 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 Municipal-
ity.
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 Coun-
ty from the Municipality is determined.
e
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CITY OF BOYN" V BEACH
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, the other party
shall thereupon have the right to terminate this
Agreement or suspend payments in whole or part by
giving written notice to the Municipality 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 Munici-
pality as a condition precedent to resumption of pay-
ments and shall specify a reasonable date for compli-
ance. 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.
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 provid-
ed herein, the Municipality will be paid for allow-
• able services performed under Part II of this Agree-
ment 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 Agree-
ment 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 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 Com.;tissionarc.
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.
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CITY OF BOYNT ^N BEACH
16.
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 employ-
ees and are not subject to the County provisions of the
law applicable to County employees relative to employ-
ment, hours of work, rates of compensation, leave, unem-
ployment 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 exer-
cise promptly any rights given hereunder shall not oper-
ate to forfeit or waive any of the said rights.
18. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twelve (12) 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.
19. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agree-
ments, if any, between the parties hereto and constitutes
the entire understanding. The parties hereby acknowledge
that there have been and are no representations, warran-
ties, covenants, or undertakings other than those express-
ly set forth herein.
WITNESS our Hands and Seals on this day of , 1995.
CITY OF BOYNTON BEACH
BY : jGX ''''"/ ✓ tel-CL s" r
Edward Harmening, May5i
. 4�,�
By: 400,
Carr' , ker, City Manager
BY:
AttVney for T'cipality
(Signature Optional)
(CITY SEAL)
Approved as to Form and PALM BEACH COUNTY, BY ITS
Legal Sufficiency: BOARD OF COUNTY COMMISSIONERS
BY: . ✓l40: BY: L 1 v
a . Fields Ke Fos. , Chair
As- ant County Attorney Boa '• of , unty Commissioners
Pa Beach County R 9 C 22 0 0
(COUNTY SEAL) FEB 21 1995
ATTEST:
Dorothy H. Wilken, Clerk
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BY: � '
Deputy Clerk COUNTY,
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REF: AGRBB94. P /CI ' er- ' / OR \ " .'Ci.
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CITY OF BOYN I BEACH
EXHIBIT A:
WORK PROGRAM NARRATIVE
CITY OF BOYNTON BEACH
I. The Municipality agrees to:
A. PROJECT SCOPE:
Implement the following park improvements:
i) Obtain permission from SFWMD for the use of the
Right -of -Way on the south side of the C -16 Canal between
Seacrest Boulevard and the East Coast Railroad. ii)
Acquire three parcels of vacant land south of the C -16
Canal and west of the FEC Railroad. iii). Acquire
three parcels of vacant land south of N E 13th Avenue
and west of the FEC railroad iv) Provide a,bike path,
walkways, parking, lighting, playground equipment, picnic
shelter, picnic tables, rest rooms and landscaping.
v) Provide engineering design. Note: land acquisition
is conditioned on obtaining an appraisal and review
appraisal acceptable to the County.
B. PROJECT OVERSIGHT: The Municipality shall provide
project administration, including engineering design, bid
preraration, advertising, bid evaluation, contract award,
inspection and recommendation of pay requests during the
term of this agreement. Consultant engineering services
to be reimbursed by the County.
C. 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.
D. WORK SCHEDULE: The time frame for completion of the
outlined activities shall be March 29, 1996 .
Activities Date
Hire a Consultant Feb 28, 1995
Finalize Acquisition Mar 31, 1995
Complete Design & Contract
Documents Jul 30, 1995
Advertise & Accept Bids Sept 30, 1995
Award Contract Oct 30, 1995
Start Construction Dec 18, 1995
Complete Construction March 29, 1996
E. 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:
A. Provide funding for the above specified park improvements
(including engineering design) described in the Scope of
the Project, during the term of this agreement, in the
amount of $229,508.
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 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 t'e work. - The County shall also perform
Davis Bacon Act. Labor Standards monitoring and enforce -
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ment. !
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CITY OF BOYN' V BEACH
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 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.P /CI
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