R94-002RESOLUTION 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 PALM BEACH COUNTY AND THE CITY OF
BOYNTON BEACH FOR THE USE AND BENEFIT OF
ITS COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM, AND MORE SPECIFICALLY THE C-16
LINEAR PARK PROJECT; A COPY OF SAID
AGREEMENT IS ATTACHED HERETO AS EXHIBIT
"A"; i%ND 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; and
WHEREAS, Palm Beach County desires to engage the City of
Boynton Beach to implement such undertakings of the Community
Development Block Grant Program; and
WHEREAS, this Agreement provides for $77,800 in funds to
create a linear park along the southern boundary of the C-16 Canal
right-of-way which completes funding requirements for this project
as The South Florida Water Management District has already agreed
to funding $71,080, for a project total of $148,880.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The Mayor and City Clerk are hereby authorized
and directed to execute an Agreement between Palm Beach County and
the City of Boynton Beach, which agreement is attached hereto as
Exhibit "A".
Section 2. This Resolution shall take effect immediately
upon passage.
PASSED AND ADOPTED this ~ day of January, 1994.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Ci~'y Clerk
(Corporate Seal)
CDBG. C- 16
12/29/92
C
o.R
R
94 ° 6 6 D
AGREEMENT BETWEEN PALM BEACH COUNTY
AND
0 0 THE CITY OF BOYNTON BEACH
JA Iv r
THIS AGRE ENT, entered into this day of
1994, 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 .ire laws of the State of Florida, having its princi-
pal office at 100 E. Boynton Beach Boulevard, Boynton Beach ,
Florida 33425.
WHEREAS, Palm 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 Hnusing 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.
CITY OF BOYNTO' BEACH
(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 and Proposed
Budget, Exhibit "A ", and submit invoices using the cover sheet
in Exhibit "B ", both of which are attached hereto and made a
part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD, AND 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
$77,800 for the period of January 18, 1994 through
and including September 30, 1994. Any funds not obli-
gated 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- 93 -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
September 30, 1994.
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 reim-
bursements shall be accompanied by proper documentation of
expenditures and shall be submitted to HCD for approval no
later than thirty (30) days after the date the indebted-
ness 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 invoic-
es, receipts, or other evidence of indebtedness shall be
considered proper documentation. When original documents
cannot be presented, the Municipality must adequately
justify their absence, in writing, and furnish copies.
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CITY OF BOYNT# BEACH
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. Pay-
ment 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
invoicing. If the Municipality has awarded a con-
tract to an independent contractor to perform
project services, the Municipality shall submit a
certified copy of the contractor's invoices identify-
ing 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 certifi-
cate 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 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 forty -five (45) days of said official notifi-
cation.
(2) FINANCIAL ACCOUNTABILITY
The County may have a financial systems analysis and
an internal fiscal control evaluation of the Munici-
pality 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.
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CITY OF BOYNTr BEACH
(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."
Reimbursable 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, includ-
ing 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 -102, The Common Rule,
and A -87, 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
Departments of the County and Federal Government if
required. All reports (monthly, biweekly, etc.)
will be due within the time prescribed by this Agree-
ment and the attachments hereto following the execu-
tion 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 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.
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CITY OF BOYNT( BEACH
(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
reference.
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 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 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:
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 -
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CITY OF BOYNT( BEACH
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 Munici-
pality shall be responsible for providing all necessary and
pertinent information to HCD's Capital Improvements Section in
order to allow for completion of the Grantee Performance Re-
ports. 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.
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 re-
quire 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, sub-
ject 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 pur-
pose of this Agreement shall become the property of the
County without restriction, reservation, or limitation
of their use and shall be made available by the Municipal-
ity 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 docu-
ments and records for three (3) years after expiration of
this Agreement.
6. INDEMNIFICATION
The Municipality 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 na-
ture 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 indem-
nify the County for funds which the County is obligated
to refund the Federal Government arising out of the con-
duct 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
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CITY OF BOYNT( BEACH
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. At all
times during the term of this Agreement, the Municipality
shall maintain in force Comprehensive General Liability Insur-
ance, 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 in-
sured 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 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 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.
9. CITIZEN PARTICIPATION
The Municipality shall cooperate with HCD in inform-
ing the appropriate CDBG Citizen Participation Struc-
tures, including the appropriate Area Committees, of the
activities of the Municipality in carrying out the provi-
sions of this Agreement. Representatives of the Munici-
pality shall attend meetings of the appropriate Commit-
tees and Citizen Participation Structures upon the re-
quest 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:
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CITY OF BOYNTr BEACH
(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
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 the Municipality shall
fail to fulfill in timely and proper manner its
obligations under this Agreement, or if the Munici-
pality shall violate any of the covenants, agree-
ments, or stipulations of this Agreement, the County
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 pro-
vided herein, the Municipality will be paid for
allowable services performed under Part II of this
Agreement until the effective date of this termina-
tion.
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CITY OF BOYNTC - BEACH
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 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.
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.
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CITY OF BOYNTC BEACH
18. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of thirteen (13) 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 7 day of L , 1994.
CITY OF BOYNTON BEACH
BY 4a&S,41-
Edward Harmening, f or
City of Boynton Be lrh
Is
BY : 4--- .irriilfi . -
J. Sc. t Mille ,.City Manager
Ci'y of Bo ton Beach
BY: r A.
At't n ey for icipality
(Signature Optional)
(CITY SEAL)
Approved as to Form and PALM BEACH COUNTY, BY ITS
Legal Sufficiency: BOARD OF COUNTY COMMISSIONERS
BY: ■_ � BY : /42 (4 (Le._
x"
Mar MC r'ammy � fields c � Chair
Assistant County Attorney Board of County Commissioners
Palm Beach County
R94 D JAN I 8 1994
(COUNTY SEAL)
ATTEST:
Dorothy H. Wilken, Clerk ', ..
BY _' ,.
Deputy Clerk '
REF:AGRBB.93 /CE
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•
CITY OF BOYNT( BEACH
EXHIBIT A:
WORK PROGRAM NARRATIVE
City of Boynton Beach
I. The Municipality agrees to:
A. PROJECT SCOPE: Development of a park facility in the
City of Boynton Beach bounded by the C -16 Canal, The
FEC Railroad, NE 13 Avenue, and NE 3rd Street, to
include the construction of:
a. Two fishing piers approximately 60 feet by 10 feet
including deck, steps and railing.
b. Parking for eight vehicles with lighting.
c. Landscaping including sod, an irrigation system, and
trees.
B. PROJECT OVERSIGHT: The Municipality shall provide at
its own expense the cost of project administration, in-
cluding preparation of plans and specifications bid prepa-
ration, advertising, bid evaluation, contract award, in-
spection and recommendation of pay requests dur ing the
term of this agreement.
C. PROJECT REQUISITE: The Municipality shall provide the
County with a copy of its agreement with the South
Florida Water Management District for the use of the
property on which the project is to be located. Receipt
of this copy by the County shall be a requisite
to implementing this project.
D. FORMER PROJECTS: The Municipality shall maintain all
previously completed CDBG funded projects including
street improvements. Failure to do so will result in
forfeiture of future CDBG funds and will delay funding
for ongoing activities.
E. WORK SCHEDULE: The time frame for completion of the
outlined activities shall be September 30, 1994.
Activities Completion Date
Complete plans and specifications March 1, 1994
Advertise & Accept Bids April 15, 1994
Award /contract May 15, 1994
Start Construction June 15, 1994
Project completion September 30, 1994
F. 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 (CPR's). The progress reports shall
be used as an additional basis for invoice reimbursement.
G. USE OF PROJECT FACILITY: The Municipality agrees in
regard to the use of the facility whose improvements are
being funded in part or in whole by CDBG funds as provid-
ed by this Agreement, that for a period not less than ten
(10) years after the closeout of the grant from which
assistance for this project is being provided:
-11-
CITY OF BOYNT( BEACH
a. The Municipality may not change the use or planned
use of the facility (including the beneficiaries of
such use) from that for which the improvements are
made, unless the Municipality provides affected citi-
zens with reasonable notice of, and opportunity to
comment on, any such proposed change and either;
1. The new use of the facility 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 government;
or
2. The requirements of paragraph (b) are met.
b. If the Municipality determines after consultation
with affected citizens, that it is appropriate to
change the use of the facility 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 less any
portion thereof attributable to expenditures of non
CDBG funds for improvements to the facility.
c. Following the reimbursement of CDBG funds by the
Municipality to the County pursuant to paragraph (b)
above, the facility will then no longer be subject to
any CDBG requirements.
H. The Municipality assures and warrants to the County that
the Municipality will reimburse the County any and all
funds due (should reimbursement become necessary pursu-
ant to the terms of the preceding paragraph) regardless
of whether changes in the use of the facility were caused
by the Municipality or the South Florida Water Management
District as property owner.
I. The Municipality recognizes that the County, by entering
into this Agreement, does not assure any
further or future funding for this project beyond the
scope of work contemplated herein.
J. The Municipality hereby recognizes that the amount
funded by the County under this Agreement constitutes
partial funding for the project contemplated herein.
The Municipality assures the County that it possesses,
or will posses attime of contract award, the balance of
funding for the contemplated project.
II. The County agrees to:
A. Provide funding for the construction of fishing piers
(2), parking and landscaping as specified above during
the term of this agreement in the amount of $77,800.
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 the work. The County shall also perform
Davis Bacon Act Labor Standards monitoring and enforce-
ment.
-12-
CITY OF BOYNT 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:AGRBB.93 /CE
-13-
AGREEMENT BETWEEN PALM BEACH COUNTY
THIS AGREEMENT, entered into this
1994, by and between Palm Beach County, a
of the State of Florida, for the use and
Community Development Block Grant Program,
Boynton Beach, a Municipality duly omganized
virtue of the laws of the State of Florida, having its princi-
pal office at' 100 E. Boynton Beach Boulevard, Boynton Beach
Florida 33425.
day of ,
political subdivision
benefit of its
and the City of
and existing by
WHEREAS, Palm Beach County has entered into an agreement
with the United States Department of Housing and Urban Develop-
ment for a grant for ~he 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, certe'~n 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
Par~ II of this contract; and
W~IEREAS, 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 m~tual premises
and covenan%~ herein contained, it is agreed as f~.llows:
PART I
D~f'fNITiON AND PURPOSE Definitions
(1) "County" means Palm Beach County.
"CLJG" ~ans -th~ Cow~nity Dcv~lopment 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.
CI'l"f OE BoYNTON BEAC~
(7) ~5~w~ a~nd~moderate income persons" means the defini-
tion set by U.S. HLrD.
Purpose
The purpose of this Agreement is to state the
~ants and conditions under which the Municipality
implement set forth in Part
t~s Agre
under this
1Ow-and !
the
AgreemeNt must
cove-
will
II of
)roject funded
ity (51%) of
PART II
SCOPE OF SERVICES
The~M~ni~iP~.%y-shaI1, in a~satisfactory and proper.manner as
dete perform the tasks necessary to conduct the
th~ Work PrOgram Narrative and Proposed
"A" and submit invoices using the cover sheet
~o'th'6f ~hich are attached he~etq and made a
ih
part hereof.
PART III
COMPENSATION, TIME OF PERFORMANCE, METHOD, AND CO~ITIONS OF
PAYMENT
1. MAXIMUM cOMPENSATIO~
The MuniCipalitY agrees to accept as full payment for
services rendered pursuant to this Agreement the actual
amount of budgeted, e~igible, and ~CD Director or desig-
nee-approved expenditures and encumbrances made by the
Munici~ality under this~ Agreement. Said Services shall be
performed in a manner satisfactory to HCD. In no event
be paid
shall the
hereunder exceed the maximum and total authorized sum of--
$77,800 for the ~riod of. through
Any funds not obii-
and including
gated after this Agreement revert
to the County.
TIMEOF pERFORMANC~
The effective date of t~is Agreement and all rights
and duties designated hereunder are contingent upon the
timely release of funds for this projgct under U. S. HUD
Community Development Block Grant No. B-93-UC-12-O00%.
The' e'ffective date shall be the: date of execution of
or the date of release of funds by U.S.
this Agreement
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
ugdertaken and completed in light of the purposes of this
A~reement. In any event, all servic,es required hereunder
s~all be completed by the City of Boynton Beach prior to
~ptember 30, 199%.
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
any subconL~.u~ ii~eunder.
Requests by the -Municipality for payments or reim-
bursements sha~l be accompanied by proper documentation
expenditures and shall be submitted to HCD for approval no
later than thirty (30} days after the date the indebted-
curred~ payment shall be made by the Palm
ness was in · sentation
' untv ~inance Department upon proper pre
Beach Co~ ~ .~ . _~ ~- ~ Municipa£1~Y anu
of invoices' and reports approveu mr
HCD. For purposes of this section, originals of invoic-
es ' ok other evidence of indebtedness shall be
~ntatt'on.. When original documents
cannot be the Municipality must adequately
justify their absence, in writing; and furnish copies.
-2-
CI~ O~ BOYI~TON BEAC]~ ....
Invoices shall not be hon received by the palm
Beach County Finance Depa than thirty (30)
days after the expiration date of Agreement. Pay-
ment may be expected within thirty (30) days after filing
a properly supported and approved in~o~ce (See Exhibit B).
~ONDITIONS ONW~ICH PAYMENT IS CONTINGENT
('1) IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED
PROCEDURES
The Municipality shall i~plement 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 ann additions thereto as
may from time to time be made. The Federal, State,
and County laws, ordinances an~ codes are minimal
regulations supplemented by mor~ restrictive guide-
lines set forth in the HCD Poli;cies and Procedures
Manual. No payments will be made until an HOD-ap-
proved cost allo6ation plan for multi-funded
projects approved by HCD Director or his designee
has been placed on file wi applicable).
If the Municipality has a contract to an
independent contractor to perf~rm 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 e 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
invoicing. If the Municipality has awarded a con-
tract to an independent contractor to perform
project services, the Municipality shall submit a
certified copy of the contractor"s invoices identify-
ing the contract to which it applies stating the
services rendered. The Municipality chief finance
officer shall certify that the work that. .is being. 's
invoiced for has been completed. The Municipality
chief finance officer will add his or her certifi-
cate 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 Munici-
pality shall notify HCD in writing within thirty
(30) days of their notification by the funding
source and s~bmft tn ~pproved cost allocation plan
within forty-five (45) days of said official notifi-
cation.
(2)
FINANCIAL ACCOUNTABILITy.
The County may have a financial systems analysis and
an internal fiscal control evaluation of the Munici-
pality 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-
CITY Of' BO~i'NTON BEAC~
(3)
(4)
(5)
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-
this Proper documentation in
idelines
Municipality
to to execution of any
on, all subcontracts~
and County laws
~suring that all
~and ~fee schedules meet the--~
:~by the Palm Beach
U.S. HUD. Con-
survey, and
fee contracts.
~have prior written
detailing catego-
)lus hourly rates
required, and
Fee Contract."
Dire
PURC~S:ING
AI'I
ices covered by th=s
not 1.imited to consultant
or reim-
approval of the HCD
¢
withl
De
tiom ~f
(6) ADDITIONAL
SUE
complies
imposed by
AUDI~
for services and Goods, includ-
be made by purchase
on~ract and in conformity
.~prescribed by the Palm Beach
as well as__
A-lO2, The Common Rule,
¥ reference.
on the receipt and approv-
by this Agreement, the satis-
the project by HCD and the
audits by the Internal Audit
ty and Federal Government if
.rts (monthly, biweekly, etc.)
time prescribed by this Agree-
~s hereto following the execu-
(7)
U.S. HUD REQUIREMENTS
right under this Agreement to
}ayments until the Municipality
%at conditions that may be
or U.S. HUD at any time.
PRIOR
The fol ludes but is not limited to
activities t require the prior written approval
of ~he :t~r or his designee to be eligible
for : or payment:
(a) of new programs not covered by thi:.
Agreement;
(b) All subcontracts and agreements pursuant td ....
(c) All expenditures of $1,000 or
more,
(d) All out-ofUtown travel; (travel shall be reim-
bursed in=~ accordance with Florida Statutes~
Chapter .061);
(e) o=ders~ and
(f) Requ to utilize uncommitted funds after
the =a,~ion of this agreement.
-4-
CITY OF BoY'NTON BEACH
(s)
PROGR~/4-GENERATED INCOMK~
Aill income by ~he Municipality from activities
financed in whole or in part by CDBG funds must be
repo~ted 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
~rovided by the Municipality through this Agreement,
he prior written approval of the HCD Director or his
designee will be required Accounting and disburse-
ment of program income shall be ~onsistent with the
procedures outlined in OMB Circular A-lO2, and
other applicable regulations inco..rporated herein by
reference.
GENERAL CONDITIONS
1.
PART IV
OPPORTUNITIEs FOR RESIDENTS AND C}VIL RIGHTS COMPLIANCE
The Municipality agrees that no person' shall on the
ground of race, color, n.ational 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.
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 ~nterprises of
supplies and services, and provide these 'sources the
maximum feasible opportunity to compete for contracts to
be performed pgrsuant 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
Development Act of 1968.
of the Housing and Community
3. EVALUATION ANDMONITORING
The Municipality agrees that HCD will carry out
periodic monitoring and evaluation activities as deter-
mined ne'cessary by HCD or the County and that the continu-
ation of this Agreement ls 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 measu~--- 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
biy 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-
-5-
CITY' OF 80YNTON BEACH
~e number of female-
income persons; racial breakdown; a~d ~'~ '
headed households. In the event that Agreement should
provide funds for capital impr ,cts, the Munici-
pality shall be responsible ~ll necessary and
Section in
Re-
pc only to capital
improvements s
and as often
)mptroller General---
there shall be
the County,
)r examination of
all its records wi! tters covered by
this ~greement. permit HCD, the
County, U.S. HUD, or audit and
invoic
[ty
wi th
HCD's
~ by
for
as
tees
of
~ule,
will re-
HCD within
of~
may
sub-
cshall
In any
ments and records
this.Agreement.
surveys,
information, documents,
led, prepared,
for the pur-
property of the
,- or limitation
the Municipal-
or HCD. Upon
Agreement,
.sting. to this
.ested.
keep all docu-
a expiration of
INDEMNIFICATION ·
shall indemnify and save the County
and claims, losses, damages, and
~ of actions arise~Out of the performance
~.s ~reement costs!and expenses for or on
any or ~ ,r threatened. The-
' losses of any na-
t~'inuludin~ costs
all suits, relatinq-~
and shall' pay all
result. In particular, the
c¢ ! th~ County ~armles~ and will indem-
s which the is obligated
arisl out of the con-
idu¢t .on ,f the Municipality.
. also indemnify
,lations by the
off regulations,
tutes.~ ~The!Munici also be held
responsible for all claims and es ssa result of said
-6-
actions and will hold ~the CO~ty harmless and will indemnify
th.e County for~ funds which ~the~ County may be obligated to
refund to the Federal Goverrunent b~ reason thereof. At all
times during the term ~of this Agreement, the Municipality
shall maintain in force Comprehensive General Liability Insur-
ance, 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 c~ncellation, non-renewal
or any adverse change in coverage~ Palm Beach County
shall be included in the coverage~ &s an additional in-
sured 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 oF 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 ievet existing prior to this Agreement.
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 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 Agreemen~ 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 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.
CITIZEN PARTICIPATION
The Municipality shall cooperate with MCD in inform-
ing the appropriate CDBG Citizen Participation Struc-
tures, including the appropriate Area Committees, of the
activities of the Municipality in csrrying out the provi-
sions of this Agreement. Representatives of the Munici-
pality shall attend, meetings of the appropriate Commit-
tees and Citizen Participation Structures upon the re-
quest of the Citizen Participation Officers, HCD, or the
County.
10.
PROJECT PUBLICITY
When issuing statements or press releas6s describing
projects or programs, the Municipality shall clearly ~r~
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:
-7-
CITY OF BOYNTO~ BEACH
12:
(I) T~i's Agreement, including Exhibi~s~{A ~and ,B
(~2) Propo:sed: Budget(s) - -~ncluded i~ Exhibi~
ProgramNarrative
(~3) OIf~ic~ of. Management and Bu~ge~t.
~1~2, and,~-128
A, Work
Ci=~ars A-87,
'(4) F~orida .... ~,~ .
:'~(5) Exec=tive 1%24~,. .: .and- ,~he Davis
:Bacon:Act
(6) Grantee ~eport
(7) Palm Beach Manual
'(8) Federal ~iqck: Gra~t Regula-
tion~
(9) The C~ .ive Require-
ment~for with
State, and
(10) The ance or
letters All of these
documents ained at the
the contract
Busi~ss ~the Municipality
of item
HCD by the
(2) :~'
Muni~pali~
TERMINATIO~ ~
In e~nt o~
finished or unf
drawings, maps~
and capital
CDBG funds
or the County. ~J
In the
not be
sustained%by
contract
any payment
until such
County from
A. Te~
Cause:
fail~ to
obli
pality
ments, or
shall
Agreement
giving writ
the ~ffect
wri~
men~ and
ance.
sha~l
(1) Inef
(2) Failure
term~
(3)
(4)
fo=~any of ~ following, all
data studies, surveys,
~reports prepared,
M~nicipality with
~hall. he.returned to HCD
ination,
to
the Municipality shall
the ~odnty for damages
breach of the
may withhold
-off purposes
due to the
%tract for
~ality shall
manner its
~or if the Municl-
any of the~ ~ovenants, agree-
~is Ag~egment, the County
the righ~ it~ terminate this
in whole or part by
.gipality of such
and specify
suspension.
specify in
the Munici-
~sumpti0n of pay-
date for compli-
~on of payments
)er
' CDBG funds;
work program or
ly
and
or incomplete
Terminatio
may
time-by
in
this
vided he
tion.
The County
Agreement without cause at any
least ten (10) working days notice
to the Municipality. If
hated by the County as pro-
Municipality will be paid for
!performed under Part II of this
ctive date of this termina-
-8-
CITY OF BOYI~N BEACT~
13.
15.
16.
17.
In the~ to the County under
Title I of the Hous Community Development Act
of 1974 (aS amended) is suspended or terminated,
this Agreement shall be suspended or terminated
e~fective om the date the U.~S. fllID specifies.
Termination for Convenience of the Municipality: At
any time during the term of this Agreement, the
Municipality option and~ for any reason,
terminate upon ten (10) working days
written notice to the HCD.
Upon termination, the Municipality shall be
paid for services this Agree-
ment through and termination
subject to the 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 remainder would then continue to conform
to the terms and requirements of applicable law.
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 Co~missioners
and signed by both parties.
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.
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.
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.
-9-
18.
19.
THE AGREEMENT
consisting of thirteen (13) enumerated
:lude the exhibits ref~nced herein, shall
· ~ of which shall
be l~ four (4) c
~e be an original~, counterparts will
constitute one and the same instrument.
WITNESS our Hands
,isio~s m~rge any prior agree-
and constitutes
hereby acknowledge
~sentations, warran-
than those express-
day of
· '~ ~I~Y OF ~BOYI~TON BEACH
· 1994.
BY:
EdwardHaFmenlng, Mayor
City of B6ynton Beach
(cITY SEAL)
BY:
J. Scott Miller, City Manager
City of Boynton Beach
BY:
Attorney-for Municipality
(Signatur9 Optional)
Approved as to Form and
Legal Sufficiency:
PALM BEACHCOUNTY, BY ITS
BOARD OF COUNTY COMMISSIONERS
BY:
Tammy K. Fields
Assistant County Attorney
Palm Beach County
BY:
Mary McCarty, Chair
Board of County Commissioners
(coUNTY SEAL)
ATTEST:
Dorothy H. Wilken, Clerk
BY:
Deputy Cie=k
REF:AGRBB.93/CE
-10-
CITY OF BOYNTON BEACH
EXHI'BIT A:
WORK PROGRAM NARRATIVE
City of Boynton Beach
I. The MUnicipality agrees to:
PROJECT SCOPE: Development of a park facility in the
City of Boynton Beach bounded by the C-16 Canal, The
FEC Railroad, NE 13 Avenue, and NE 3rd Street, to
include the construction of:
a. Two fishing piers approximately 60 feet by 10 feet
including deck, steps and railing.
b. Parking for eight vehicles with lighting.
c. Landscaping including sod, an irrigation
trees.
system, and
Bo
PROJECT OVERSIGHT: The Municipality shall provide at
its own expense the cost of project administration, in-
cluding-preparation of pla~s and specifications bid prepa-
ration, advertising, b~d ~valuation, contract award, in-
spection and recommendation of pay requests dur lng the
term of this agreement.
PROJECT REQUISITE: The Municipality shall provide the
County with a copy of its agreement with the South
Florida Water Management District for the use of the
property on which the project is to be located. Receipt
of this copy by the County shall be a requisite
to implementing this project.
FORMER PROJECTS: The Municipality shall maintain all
pr---~viously completed CDBG funded projects including
street improvements. Failure to do so will result in
forfeiture of future CDBG funds and will delay funding
for ongoing activities.
WORK SCHEDULE: The time frame for completion of the
outlined activities shall be September 30, 1994.
Activities
Complete plans and specifications
Advertise & Accept Bids
Award /contract
Start Construction
Project completion
Completion Date
March 1, 1994
April 15, 1994
May 15, 1994
June 15, 1994
September 30, 1994
shall submit detailed month-
F. REPORTS: The Municipality
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.
Go
USE OF PROJECT FACILITY: The Municipality agrees in
regard to the use of the facility whose improvements are
being funded in part or in whole by CDBG funds as provid-
ed by this Agreement, that for a period not less than ten
(10) years after the closeout of the grant from which
assistance for this project is being provided:
-11-
CI~'Y OF BOYNTON ]
ao
The Municipality may not change the use or planned
use of the facility (including the beneficiaries of
one
Les as meeting
2. The
If the
with~
change the use of
not
it
c. Following
Municipal
above~ the
any
The Municipalit¥~
the MuniCiPality
funds due (shou
ant to the iterm~
of whether
by the
District as p:
I. The Municipality
Jo
II. The
A.
further or
scope of work contem~
of paragraph (b) are met.
determines after consultation
t~t it is appropriate to
the .ity to a use which does
) (1) of this section,
e facility for such use
in the amount of the
~of,~the facility less any
~ .~to expenditures of non
the facility.
CDBG funds by the
to pa=agraph (b)
longer be subject to
to the County that
County any and all
necessary pursu-
ragraph) regardless
facility were caus~
)rida Water Managem~
that the County, by entering
not assure any
for this project beyond the
ated herein.
The Municipality:hereby recognizes ~hat the amount
funded by the Co~htYiunder'this Agreement constitutes
Partial fundin~ for the project contemplated herein.
The Municipality a, ss~es the County that it possesses,
or will posses attime,lof contract award, the balance of
funding for the contemplated project.
County agrees to:
Provide funding ~for the construction of fishing piers
(2), parking a~d landscaping as specified above during
the term of this agreement in the amount of $77,800.
B. Provide project~ administration and inspection to the
Municipality to mnsure compliance with U.S. HUD and the
Department of ~abor, and applicable State, Federal and
County-laws and ,=egulations.
C. Monitor the Municipality at any time during the terl of
this Agreement. V~sits may be announced or unarmoun-~ed
as determined by HCD and will serve to ensure compliance
with U.S. Depar.tment 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.
-12-
CI'I~ O~ BOYNTON BEAC]~
EXHIBIT "B
LETTERHEAD STAT IONARY
TO:
FROM:
Remar M. Harvin, Director
Housing and Community Development
3323 Belvedere Road, Building #501
West Palm Beach, FL 33406
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:AGRBB.93/CE
-13-