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R92-194A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE ~N AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY TO PROVIDE FOR IMPLEMENTATION OF ACTIUITiES SPECIFIED IN PART II OF SAID AGREEMENT, ATTACHED AS EXHIBIT "A" REGARD:~NG THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; AND PROVIDING AN EFFECTIVE DATE. W~EREAS~. 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 ~rant 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 Agreement; and W~REAS, Palm Beach County desires to engage the City of Boynton Beach to implement such undertaking 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 and directs the Mayor and City Clerk to execute the Agreement attached hereto as Exhibit "A" between the City of Boynton Beach and Palm Beach County. Section 2. upon passage. This Resolution shall take effect immediately PASSED AND ADOPTED this ~ day of October, 1992. ATTEST: Vi_c~/~ayor, ~/~ / Authsiq~.WP5 CDBG.Res - 10/13/92 AGREEMENT BETWEEN PALM BEACH COUNTY AND CITY OF BOYNTON BEACH THIS AGREEMENT, entered into this ~ day of 1992, by and between Palm Beach County, a political subdivi- sion 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 Florida 33435. WHEREAS, Palm Beach with the United States Development for a grant Beach Boulevard, Boynton Beach, County has entered into an agreement Department of Housing and Urban 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 Block Grant Citizen County Commissioners the City Boynton Beach, desire to specified Part II of this contract; WHEREAS, Palm Beach the City of Boynton Beach to implement such undertakings of the Community Development Block Grant Program. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: ?ART I DEFINITION AND pLrRPOSE 1. Definitions (I) "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 Deve 1 opment. Palm Beach County Community Development Participation Structures, the Board of of Palm Beach County, and of provide the activities in and County desires to engage CITY OFBOYITi~N BEACH (4) "Municipality" means the City of Boynton Beach. (5) "HCD Approval" means the written approval of the HCD Director or his designee 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 e person authorized to act on its behalf. (7) "Low and moderate income persons" means the defini- tion set by U.S. HUD. (8) "The Common Rule" means the U.S. ~ regulations entitled "Common Rule for Uniform Administrative Requirements for Grants and Cooperative Agreements With State and Local Governments; Federal Agency Implementation of Common Rule". Purpose The purpose of this Agreement nants and conditions under which implement the Scope of Services set this Agreement. The beneficiaries under this Agreement must constitute low- and moderate-income persons. PART II SCOPE OF SERVICES The Municipality shall, as determined by HCD, perform is to state the cove- the Municipality will forth in Part II of of a project funded a majority (51%) of satisfactory and proper manner the tssks necessary to conduct Ii the program outlined in ii Budget, Exhibit "A", and in Exhibit "B", both of · part hereof. COMPENSATION, 'TIME OF the Work Program Narrative and Proposed submit invoices using the cover sheet which are attached hereto and made a PART III PERFO~a~Ni3E~ ~OP ?~i~ CO~ITIONS OF , ~ PA%~MENT 1. MAXIMUM COMPENSATION i~ The Municipality agrees to accept as full payment for services rendered pursuant to this Agreement the actual ·I~IT'/ of' BoYNToN BEACIt 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 $381,000 for the period of November 20, 1992 through September 30, 1993. Any funds unobligated after the expiration date of this Agreement revert to the Coun- ty. TIME OF PERFORMA/qCE The effective date of this Agreement and all duties designated hereunder are contingent upon release of funds for this project under U.S. Development Block Grant No. B-92-UC-12-0004. The effective date shall be the date of rights and the timely HUD Community 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 shall be completed METHOD OF PAYMENT event, all services by the Municipality. required hereunder The County agrees Municipality for all State, and County guidelines. In County provide advance funding to the subcontractors hereunder. Requests to make payments and to reimburse the budgeted costs permitted by Federal, no event shall the Municipality or any by the Municipality for pa~nent's or reimbursements s~faI~L be accompanied by proper documentation of expenditures and shall be submit- ted to HCD for approval no later 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. - 3 CITY OF BOYlqTON BEACH For purposes of this section, originals of invoices, re- ceipts, or other evidence of indebtedness shall be considered proper documentation. When original documents cannot be pre- sented, the Municipality must adequately justify their ab- sence, in writing, and furnish copies. Invoices shall not be honored if received by the Palm Beach County Finance Depart- ment later than thirty (30) days after the expiration date of this Agreement nor will invoices be honored that predate the permanent_ 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 out- lined in the HCD Policies and Procedures 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 guidelines set forth in the HCD Policies and Procedures Manual. No payments will be made until an HCD approved cost allocation plan for multi-funded projects approved by the HCD Director or his designee has been placed on file with HCD (if applicable). If the Municipality has awarded a contract to an inde- pendent contractor to perform project services and if com- petitive bidding or competitive negotiations are required under applicable law, the Municipality shall provide HCD with ~ certified copy of the B~ ~-~ic~tions and Bid Awards authorizing the work to be done on the projects and a certified copy of the contract let. All such con- tracts 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 CITY O~ BO~NTON BF-J~CI~ copies to the Palm Beach County Finance Department togeth- er with comments related to the audit. If the Municipali- ty has awarded s contract to an independent contractor to perform project services, the Municipality shall describe services for which it is invoicing. If the Municipal- the ity uses its own work force to perform project services, the Municipality shall submit a certified copy of the purchase orders authorizing the purchase of material and a certified copy of the work orders ordering the work for which it will be invoicing. If the Municipality has awarded a contract to an inde- pendent contractor to perform project services, the Munic- ipality 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 office 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. Should a project receive additional funding after the commencement of this Agreement, the Municipality shall notify HCD in writing within thirty (30) days submit an approved cost allocation plan within forty-five (45) days of said official notification. (2) FINANCIAL ACCOUNTABILITY The County may have a financial systems analysis an~ an internal fisca~ cc~t~?~ ~a!~tioD 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. CITY OF BO~N BF~ (3) (4) SUBCONTRACTS Any work or services subcontracted hereunder shall be specifically by written contact, written agree- ment, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with County, State, and Federal guide- lines and regulations must be submitted by the Munic- ipality to HCD and approved by HCD prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and County laws and regulations. This includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Palm Beach County Engineering Department and U.S. HUD. Contracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing 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 Director or his designee. PURCHASING All purchasing for services approval of the HCD and goods, including capital equipment, shall be 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 -~irculars A-102, the Common Rule, and A-87, incorporated herein by reference. - 6 - OF BOYN'~ (s) REPORTS, AUDITS, AND EVALUATIONS Payment will be contingent on the receipt and approval of reports required by this Agreement, the satisfactory evaluation of the project by HCD and the County and satisfactory audits by the Internal Audit Departments of the County and Federal Govern- ment if required, All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. (6) ADDITIONAL 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) All subcontracts and agreements pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; (c) All out-of-town travel; (travel shall be reim- bursed in accordance with Florida Statutes, Chapter 112.061); (d)All change orders; and (e) Requests to utilize uncommitted funds after the expi~a%ion of this (8) PROGRAM-GENERATED INCOME All income by the Municipality from activities fi- nanced in whole or in part by CDBG funds must be reported to HCD. Such income would include but not be limited to income from se~ice 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 servic- es provided by the Municipality through this Agree- (9) ment, the prior written approval of the HCD Director or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-102, the Common Rule, and other applicable regula- tions incorporated herein by reference. SALARY RATES AND INCREASES All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living, are subject to HCD's prior approv- al. Pay rates and increases paid out of CDBG funds shall be consistent with Palm Beach County's Personnel Department, and subject to prior estab- lished guidelines. PART IV GENERAL CONDITIONS 1. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The Municipality agrees that no person shall on the ground of race, color, mental or physical disability, national origin, religion~ or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the ment. Upon receipt of evidence the County shall have the right ment. To the greatest feasible extent, performance of this Agree- of such discrimination, co terminable th:~s A~ee- lower-income residents of the pro3ect areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in RITY OF BO~NTON BEACH o substantial part by shall be awarded contracts OPPORTUNITIES FOR SMALL, BUSINESS ENTERPRISES persons residing in the project areas in connection with the project. MINORITY AlqD/OR WOMEN-OWNED 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, minoFity and/or women-owned business enterprises as sourc- es 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, minority and/or women-owned business sources 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 Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. EVALUATION AND MONITORING The Municipality agrees that HCD will carry out period- ic monitoring and evaluation activities as determined necessary by HCD or the County and that the continua- tion 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 Munici- pality agrees to furnish upon request to HCD, the County or the County's designees and make copies or transcrip- tions ~f such records and informati~>n as 3~ ~e~er~ined necessary by HCD or the County. The Municipality shall submit on a monthly and quarter- ly basis, and at other times upon the request of HCD, information and status reports required by HCD, the County U.S. HI/D on forms approved by HCD. Monthly Grantee RI~"~ OF BOYI~N BEA~ performance Reports 4949.2 (Activity Summary) will be re- quired. This information will include: detailed informa- tion on the status of the project(s) of funds; and if applicable, the number of clients served by census tract; the number of low- to moderate-income persons; racial breakdown; and the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Municipality shall be responsible for providing all necessary and pertinent information to HCD's Capital Improvements Section in order to allow for completion of the Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. 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 said audit shall be borne by the ~uniciDa!ity. The County will assistance to the be responsible for providing technical 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 10 - CIT~ O~ BOYi~N ~ Circular A-128, regulations. The submit an audit the Common Rule, and other applicable County will require the Municipality to to HCD within one hundred and eighty (180) days after the expiration of this Agreement, or at a mutually agreed upon time that may coincide with the Municipality's fiscal year audit, subject to HCD's approv- al. DATA BECOMES COUNTY PROPERTY Ail 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 Municipali- ty at any time upon request by the County or HCD. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to HCD, if requested. In any event, the Municipality shall keep all documents and records for three (3) years after expiration of this Agreement. INDEMNIFICATION & INSURANCE 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 by the Municipality, including costs and expenses for or on account of any or all suits actual or threatened. The Municipality shall pay all claims and losses of any nature whatsoever in connection therewith 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 harm- less and will indemnify the County for funds which the County is obligated to refund the Federal Government - 11 CITY OF BOYNTON BEACH arising out of the conduct of activities and administra- tion 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 by the Municipality 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 Insurance, including coverage for personal injury, bodily injury, property damage, and contractual liability, or verify self-insurance by letter, to support the Indemnification clause contained herein. Such insur- ance shall be in an amount of not less than $200,000 each occurrence, and coverages shall be evidenced by a Certifi- cate 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. At all times during the term of this agree- ment, the Municipality shall abide by, recognize and accept its liability under Section 768.28, Florida Stat- utes 1985 to support the indemnification clause contained herein. MAINTENANCE OF EFFORT The intent and purpose of this Agreement is to increase the availability of the Munici ~aiity's ser~ic~ T~.~ AgreemeDt is not to substitute ~ plgnne~ proj~ects or activities Municip!ality agrees to maintain expenditures, planned or exist: to those being assisted under th~ or replace existing or the Municipality. The level of activities and g, for projects similar Agreement which is not - 12 - CITY OF BOYNTON BEA~ 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 Sl12 (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 maxlmum opportunity be provided for employment of and participation of lower-income residents of the project target area. 9. CITIZEN PARTICIPATION The Municipality shall cooperate with HCD in informing 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 I When issuing statements, press releases, requests for proposals, bid solicitations and other documents describ- ing projects or programs, the Municipality shall clearly state 1) the percentage of the total cost of the pro3ect which will be financed with federal money, and 2) the 13 CIT~ OF BOYITEON BEACH 11. dollar amount of federal funds for the project. HCD funding will be similarly recognized as outlined in this section. 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 docu- ments taken as a whole constitute the contract between the parties hereto and are as fully a part of the con- tract 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 A-102, and A-128. (4) Florida Statutes, Chapter 112 (5) Executive Orders 11026, 11246, (6) (7) (8) (9) (10) Circulars A-87, 11625, the Davzs Housing Bacon Act, and the Section 3 Clause of the and Community Development Act of 1968 Grantee Performance Report Form 4949.2 Palm Beach County Purchasing Procedures Manual Federal Community Development Block Grant Regula- tions (24 CFR Part 570), as amended. The Common Rule for Uniform Administrative Require- ments for Grants and Cooperative Agreements with State and Local Governments. The Municipality's certificates of Insurance or let- ters verifying self-insurance. All of these docu- men%s ~r~ filed ~nd ~ii~ be maintainer ness office of HCD. One copy of the contract documents will be furnished to the Municipality withou~ charge by HCD, with the exception of item two (2t above, which has been transmitted to HCD by the Municipality. 14 - [2. TERMINATION In event of termination for any of the sons, all finished or unfinished documents, following rea- data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the Municipali- ty with CDBG funds under this Agreement shall be returned to HCD or the County. In thel 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: I~ through any cause the Municipality shall fail to fuilfill in timely and proper manner its obliga- tions under ~his Agreement, or if the Municipality shall violate any of the covenants, agreements, 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 writ- ten notice to the Municipality of such termination or sulspension of payments and specify the effective date of termination or suspension. If payments are withheld, HCD shall specify in writing the actions that must be taken by the Municipality as a condi- payments and shall compliance~ Suffi- payments shall in- tion precedent to resumption of specify a reasoneble date for cient cause for suspension of clude, but not be limited to: (1) Ineffective or improper use of CDBG funds; (2) Failure to comply with the work program terms of this Agreement; or 15 - iITY OF BOYI~fON BF. AC~ (3) Failure to submit reports as required; and (4) Submittal of materially incorrect or incomplete reports. Termination for Convenience of County: The County may terminate this Agreement without cause at any time by giving at least ten (10) work- ing days notice in writing from the County to the Municipality. If this Agreement is terminated by the County as provided herein, the Municipality will be paid for allowable services performed and allow- able expenses incurred, 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 Agree- ment shall be suspended or terminated effective on the date the U.S. h~rD specifies. Termination for Convenience of the MuniciDality: 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 13. written notice to the HCD. Upon termination, the Municipality shall be paid for allowable services rendered pursuant to this Agreement through and including the date of 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 A~reement ~all not be affected thereby if such remainder would then contznue to conform to the terms and requirements of applicable law. AMENDMENTS The County may, at its discretion, amend this Agreement to conform with changes in Federal, State, or U.S. h-JD 16 - CIT~ O~' BO'fI~N B~(~ 16. 17. 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 parti~es. NOTICE All notice required to be given under this Agreement shall be sufficient when delivered to HCD at its office at 2333 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 of this Agreement. INDEPENDENT AGENT Except as duly noted in Part III, Paragraph 9, 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 be cumulative and exercise promptly operate the County under this Agreement shall failure on the part of the County to any rights given hereunder shall not to forfeit or waive any of the said rights. CITY OF BOYNTON BEAC~ 18. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-three (20) enumer- ated pages and including the exhibits referenced herein, shall be executed in five (5) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. DEC 0 1992 WITNESS our Hands and Seals on this _ day of , 199 iAPPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ As~>~ant County Attorney Suz~hne M. Kruse, City Cle'rk City of Boynton Beach Milton T. Bauer, Clerk line Weiner, Mayor City of Boynton Beach Deputy Clerk/ PALM BEACH COUNTY, BY ITS BOARD OF COUNTY COMMISSIONERS BY: Commis sioners R 92 A~torney for MuniCipality (Signature Optional) 1805D (COUNTY SEAL) (CITY SEAL) Ref: AGREE.212/CAH 18 CI~ OF BolrNTON BEA(~I The A. Bo II. EXHIBIT A WORK PROGRAM NARRATIVE CITY OF BOYNTON BEACH MunicipaLity agrees to provide the following services: The municipality agrees to execute Phase II of the Comprehensive Street Improvement program in Sub-Area I of the City, i.e., N.E. 12th Avenue from the project limits of Phase I to Railroad Avenue, Railroad Avenue from N.E. 12th Avenue to N.E. 13th Avenue, N.E. 13th Avenue from the project limits of Phase I to Railroad Avenue. Improvements will include site preparation, drainage, roadway construction, markings and signs, water distribution, waste water collection, landscaping, and incidental costs. The Municipality also will contract to add two lighted outdoor racquetball courts and additional new playground equipment in Sara Sims Park in the Boynton Beach NSA. C. Annual performance goals for this program are as follows: The approval date for this agreement is November 20, 1992 Work to be advertised by November 30,1992. Bids opened by January 10, 1993, Contract awarded by February 15, 1993, Notice to proceed by March 15, 1993 and con- tract time 240 days for the street improvements and 90 days for the park improvements. REPORTS The Municipality will submit detailed monthly progress reports to Housing and Community Development outlining the status of specific activities under each project. Each report must account for the total activity for which employees are compensated, and in part or in whole, from CDBG funds, and which is required in fulfillment of their obligations regarding the projects. The progress reports should be mainly in the form of a narrative, and is required in addition to monthly Grantee Performance Reports (GPR's). The progress re- ports shall be used as an additional basis for invoice reimbursement. The Municipality further agrees to administer all commu- nity development activities in accordance with U.S. Department of IT[ID standards and requirements; as well as applicable State, County, and Federal requirements. The County agrees to: A. Provide funding for the hard costs of the comprehensive street improvements in the amount of $330,000. Provide funding of the hard costs of park improvements and additional new playground equipment in the amount of $51,000. C. Provide technical assistance on an on-going basis to ensure compliance with U.S. Department of HUD program guidelines, as well as all applicable state, county, and federal regulations. D. Monitor the Municipality during the administration of the Agreement to ensure the planned activities are con- ducted in a timely manner and in accordance with U.S. Department of PIUD regulations. 19 - CITY OF BOYNTON BEACH EX~IBIT "B" LETTEP/qEAD STATIONERY TO: FROM: RE: Remar M. Marvin, Director Mousing and Community Development 3323 Belvedere Road, Building 501 West Palm Beach, Florida 33406 Name of Subgrantee: Address: Phone: Invoice Reimbursement Attached, you will find Invoice $ request- ing reimbursement in the amount of $ The expenditures for this invoice covers the period through You will also find attached back-up original documentation relating to the expenditures being in- voiced. Approved for Payment Ref: AGREE212/PL4 20 602 — ( ?c AGREEMENT BETWEEN PALM BEACH COUNTY AND CITY OF BOYNTON BEACH R92 18050 [J E C u 1 1992 THIS AGREEMENT, entered into this day of 1992, by and between Palm Beach County, a political subdivi- sion 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 Beach Boulevard, Boynton Beach, Florida 33435. WHEREAS, Palm Beach County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Palm Beach County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, certain Palm Beach County Community Development Block Grant Citizen Participation Structures, the Board of County Commissioners of Palm Beach County, and the City of Boynton Beach, desire to provide the activities specified in Part II of this contract; and WHEREAS, Palm Beach County desires to engage the City of Boynton Beach to implement such undertakings of the Community Development Block Grant Program. NOW, THEREFORE, in consideration of the mutual promises 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. CITY OF BOYNT( BEACH (4) "Municipality" means the City of Boynton Beach. (5) "HCD Approval" means the written approval of the HCD Director or his designee 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. (8) "The Common Rule" means the U.S. HUD regulations entitled "Common Rule for Uniform Administrative Requirements for Grants and Cooperative Agreements With State and Local Governments; Federal Agency Implementation of Common Rule ". 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 - 2 - CITY OF BOYNT BEACH 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 $381,000 for the period of December 1, 1992 through December 30, 1993. Any funds unobligated after the expiration date of this Agreement revert to the Coun- ty. 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- 92 -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 Municipality. 3. METHOD OF PAYMENT The County agrees to make payments and to reimburse the Municipality for all budgeted costs permitted by Federal, State, and County guidelines. In no event shall the County provide advance funding to the Municipality or any subcontractors hereunder. Requests by the Municipality for payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submit- ted to HCD for approval no later 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. - 3 - CITY OF BOYNTC BEACH For purposes of this section, originals of invoices, re- ceipts, or other evidence of indebtedness shall be considered proper documentation. When original documents cannot be pre- sented, the Municipality must adequately justify their ab- sence, in writing, and furnish copies. Invoices shall not be honored if received by the Palm Beach County Finance Depart- ment later than thirty (30) days after the expiration date of this Agreement nor will invoices be honored that predate the permanent 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 out- lined in the HCD Policies and Procedures 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 guidelines set forth in the HCD Policies and Procedures Manual. No payments will be made until an HCD approved cost allocation plan for multi- funded projects approved by the HCD Director or his designee has been placed on file with HCD (if applicable). If the Municipality has awarded a contract to an inde- pendent contractor to perform project services and if com- petitive bidding or competitive negotiations are required under applicable law, the Municipality 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 con- tracts 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 - 4 - CITY OF BOYNTC BEACH copies to the Palm Beach County Finance Department togeth- er with comments related to the audit. If the Municipali- ty 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 Municipal- ity uses its own work force to perform project services, the Municipality shall submit a certified copy of the purchase orders authorizing the purchase of material and a certified copy of the work orders ordering the work for which it will be invoicing. If the Municipality has awarded a contract to an inde- pendent contractor to perform project services, the Munic- ipality 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 office 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. Should a project receive additional funding after the commencement of this Agreement, the Municipality shall notify HCD in writing within thirty (30) days submit an approved cost allocation plan within forty -five (45) days of said official notification. (2) FINANCIAL ACCOUNTABILITY The County may have a financial systems analysis and an internal fiscal control evaluation of the Municipality by an independent auditing firm employed by the County or by the County Internal Audit 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. - 5 - CITY OF BOYNTC BEACH (3) SUBCONTRACTS Any work or services subcontracted hereunder shall be specifically by written contact, written agree- ment, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with County, State, and Federal guide- lines and regulations must be submitted by the Munic- ipality to HCD and approved by HCD prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and County laws and regulations. This includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Palm Beach County Engineering Department and U.S. HUD. Contracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing 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, 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 Circulars A -102, the Common Rule, and A -87, incorporated herein by reference. - 6 - CITY OF BOYNT(' BEACH (5) REPORTS, AUDITS, AND EVALUATIONS Payment will be contingent on the receipt and approval of reports required by this Agreement, the satisfactory evaluation of the project by HCD and the County and satisfactory audits by the Internal Audit Departments of the County and Federal Govern- ment if required. All reports (monthly, bi- weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. (6) ADDITIONAL 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) All subcontracts and agreements pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; (c) All out -of -town travel; (travel shall be reim- bursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders; and (e) Requests to utilize uncommitted funds after the expiration of this Agreement. (8) PROGRAM- GENERATED INCOME All income by the Municipality from activities fi- nanced 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 - 7 - CITY OF BOYNTC BEACH 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 servic- es provided by the Municipality through this Agree- ment, the prior written approval of the HCD Director or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A -102, the Common Rule, and other applicable regula- tions incorporated herein by reference. (9) SALARY RATES AND INCREASES All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living, are subject to HCD's prior approv- al. Pay rates and increases paid out of CDBG funds shall be consistent with Palm Beach County's Personnel Department, and subject to prior estab- lished guidelines. PART IV GENERAL CONDITIONS 1. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The Municipality agrees that no person shall on the ground of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agree- ment. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agree- ment. To the greatest feasible extent, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in - 8 - CITY OF BOYNTr BEACH substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 2. OPPORTUNITIES FOR SMALL, MINORITY AND /OR 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, minority and /or women -owned business enterprises as sourc- es 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, minority and /or women -owned business sources 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 Agency 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 period- ic monitoring and evaluation activities as determined necessary by HCD or the County and that the continua- tion 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 Munici- pality agrees to furnish upon request to HCD, the County or the County's designees and make copies or transcrip- tions of such records and information as is determined necessary by HCD or the County. The Municipality shall submit on a monthly and quarter- ly basis, and at other times upon the request of HCD, information and status reports required by HCD, the County U.S. HUD on forms approved by HCD. Monthly Grantee - 9 - CITY OF BOYNTO" BEACH performance Reports 4949.2 (Activity Summary) will be re- quired. This information will include: detailed informa- tion on the status of the project(s) of funds; and if applicable, the number of clients served by census tract; the number of low- to moderate - income persons; racial breakdown; and the number of female- headed households. In the event that this Agreement should provide funds for capital improvements projects, the Municipality shall be responsible for providing all necessary and pertinent information to HCD's Capital Improvements Section in order to allow for completion of the Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. 4. AUDITS AND INSPECTIONS At any time during normal business hours and as often as HCD, the County, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the Municipality to HCD, the County, U.S. HUD, or the Comptroller General for examination of all its records with respect to all matters covered by this Agreement. The Municipality will permit HCD, the County, U.S. HUD, or the Comptroller General to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment, and other data relating to all matters covered by this Agreement. 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 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 - 10 - CITY OF BOYNTC'_ " BEACH Circular A -128, the Common Rule, and other applicable regulations. The County will require the Municipality to submit an audit to HCD within one hundred and eighty (180) days after the expiration of this Agreement, or at a mutually agreed upon time that may coincide with the Municipality's 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 become the property of the County without restriction, reservation, or limitation of their use and shall be made available by the Municipali- ty at any time upon request by the County or HCD. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to HCD, if requested. In any event, the Municipality shall keep all documents and records for three (3) years after expiration of this Agreement. 6. INDEMNIFICATION & INSURANCE 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 by the Municipality, including costs and expenses for or on account of any or all suits actual or threatened. The Municipality shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits, relating to its performance of this Agreement, and shall pay all costs and judgments which may result. In particular, the Municipality will hold the County harm- less and will indemnify the County for funds which the County is obligated to refund the Federal Government - 11 - CITY OF BOYNT( BEACH arising out of the conduct of activities and administra- tion 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 by the Municipality 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 Insurance, including coverage for personal injury, bodily injury, property damage, and contractual liability, or verify self- insurance by letter, to support the Indemnification clause contained herein. Such insur- ance shall be in an amount of not less than $200,000 each occurrence, and coverages shall be evidenced by a Certifi- cate 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. At all times during the term of this agree- ment, the Municipality shall abide by, recognize and accept its liability under Section 768.28, Florida Stat- utes 1985 to support the indemnification clause contained herein. 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 - 12 - CITY OF BOYNTY BEACH 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 S112 (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 lower- income residents of the project target area. 9. CITIZEN PARTICIPATION The Municipality shall cooperate with HCD in informing 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, press releases, requests for proposals, bid solicitations and other documents describ- ing 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 - 13 - CITY OF BOYNTC" BEACH 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 docu- ments taken as a whole constitute the contract between the parties hereto and are as fully a part of the con- tract 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, 11246, 11625, the Davis Bacon Act, and the Section 3 Clause of the Housing and Community Development Act of 1968 (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 certificates of Insurance or let- ters verifying self - insurance. All of these docu- ments are filed and will be maintained at the busi- ness office of HCD. One copy of the contract documents will be furnished to the Municipality without charge by HCD, with the exception of item two (2) above, which has been transmitted to HCD by the Municipality. - 14 - CITY OE BOYN r BEACH 12. TERMINATION In event of termination for any of the following rea- sons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the Municipali- ty 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 obliga- tions under this Agreement, or if the Municipality shall violate any of the covenants, agreements, 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 writ- ten 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 Municipality as a condi- tion precedent to resumption of payments and shall specify a reasonable date for compliance. Suffi- cient cause for suspension of payments shall in- clude, 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; - 15 - CITY OE BOYNTC BEACH (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) work- ing days notice in writing from the County to the Municipality. If this Agreement is terminated by the County as provided herein, the Municipality will be paid for allowable services performed and allow- able expenses incurred, 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 Agree- ment 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 allowable services rendered pursuant to this Agreement through and including the date of termination subject to the conditions of Paragraph "B" above. 13. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 14. AMENDMENTS The County may, at its discretion, amend this Agreement to conform with changes in Federal, State, or U.S. HUD - 16 - CITY OF BOYN I BEACH 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 2333 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 of this Agreement. 16. INDEPENDENT AGENT Except as duly noted in Part III, Paragraph 9, 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 exercise promptly any rights given hereunder shall not operate to forfeit or waive any of the said rights. - 17 - CITY OF BOYNT BEACH 18. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty -three (20) enumer- ated pages and including the exhibits referenced herein, shall be executed in five (5) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. DEC 0 1 1992 WITNESS our Hands and Seals on this day of , 199 . APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: a Fields Suz.ine M. Kruse, City Clerk As- t County Attorney City of Boynton Beach BY: rline Weiner, Mayor City of Boynton Beach Milton T. Bauer, Clerk 514 11/1)4'n4/3", Deputy Cle Attorney for Muni (Signature Optional) PALM BEACH COUNTY, BY ITS BOARD OF COUNTY COMMISSIONERS BY: Chair, /14/2.-C oof Count Commissioners R 92 1 8 0 5 D (COUNTY SEAL) (CITY SEAL) Ref: AGREE.212 /CAH - 18 - CITY OF BOYNT( BEACH EXHIBIT A WORK PROGRAM NARRATIVE CITY OF BOYNTON BEACH I. The Municipality agrees to provide the following services: A. The municipality agrees to execute Phase II of the Comprehensive Street Improvement program in Sub -Area I of the City, i.e., N.E. 12th Avenue from the project limits of Phase I to Railroad Avenue, Railroad Avenue from N.E. 12th Avenue to N.E. 13th Avenue, N.E. 13th Avenue from the project limits of Phase I to Railroad Avenue. Improvements will include site preparation, drainage, roadway construction, markings and signs, water distribution, waste water collection, landscaping, and incidental costs. B. The Municipality also will contract to add two lighted outdoor racquetball courts and additional new playground equipment in Sara Sims Park in the Boynton Beach NSA. C. Annual performance goals for this program are as follows: The approval date for this agreement is December 1, 1992. Work to be advertised by January 15, 1993. Bids opened by February 15, 1993, Contract awarded by March 21, 1993, Notice to proceed by April 15, 1993 and con- tract time 240 days for the street improvements and 90 days for the park improvements. D. REPORTS The Municipality will submit detailed monthly progress reports to Housing and Community Development outlining the status of specific activities under each project. Each report must account for the total activity for which employees are compensated, and in part or in whole, from CDBG funds, and which is required in fulfillment of their obligations regarding the projects. The progress reports should be mainly in the form of a narrative, and is required in addition to monthly Grantee Performance Reports (GPR's). The progress re- ports shall be used as an additional basis for invoice reimbursement. E. The Municipality further agrees to administer all commu- nity development activities in accordance with U.S. Department of HUD standards and requirements; as well as applicable State, County, and Federal requirements. II. The County agrees to: A. Provide funding for the hard costs of the comprehensive street improvements in the amount of $330,000. B. Provide funding of the hard costs of park improvements and additional new playground equipment in the amount of $51,000. C. Provide technical assistance on an on -going basis to ensure compliance with U.S. Department of HUD program, guidelines, as well as all applicable state, county, and; federal regulations. D. Monitor the Municipality during the administration of the Agreement to ensure the planned activities are con -! ducted in a timely manner and in accordance with U.S.: Department of HUD regulations. - 19 - CITY OF BOYNTC BEACH EXHIBIT "B" LETTERHEAD STATIONERY TO: Remar M. Harvin, Director Housing and Community Development 3323 Belvedere Road, Building 501 West Palm Beach, Florida 33406 FROM: Name of Subgrantee: Address: Phone: RE: Invoice Reimbursement Attached, you will find Invoice # , request- ing reimbursement in the amount of $ . The expenditures for this invoice covers the period through . You will also find attached back -up original documentation relating to the expenditures being in- voiced. Approved for Payment Ref: AGREE212 /PL4 - 20 - in? r, hgeoca !tea t „ 4— PALM BEACH COUN'T'Y / 2. 9 z " / i► o c " Q BOARD OF COUNTY COMMISSIONERS 4 asE.41~ AGF(DA ITEM SUMMARY Meeting Date: December 1, 1992 (XX] Consent ( 1 Regular [ J Ordinance ( 1 Public Hearing Department: Submitted By: Communi t u . t y id r gr� t r� �'e"�.•Y `Y* uK t ' Y ; s {J ',+g:14 Submitted For Housing & Community.velon .. n � "" � � i wow, e, A. Motion and Title: Staff Recommends 119,con t 4 � « o f an agreement with the City of'` &,' at • + �' ,1114t,":4 'r i /1 , $ in Community Development 'Bloc �rarant (CO . + sf ,_ r r Y Improvements for the period of December „m 1 1992 , ; ou 1993. jw. € t K 1 ; =; d e l A �r . k {; B. Summary: The funds will be used "to �' ; . ' 9Q r # ” r r Comprehensive Street Improvements on N N. E E. 12th Aver*. 4 f • . ) construction of Phase I to Railroad Avenue, on RaJr4road JAyenue N.E. 12th Avenue to N.E. 13th Avenue, N.E. 13th Avenue from the ens, 9 ;' construction of Phase I to Railroad Avenue. The 'Cjty . Atli*. will R1. provide two lighted racquetball courts and additional neat playground-, - !'. equipment in Sara Sims Park in the Boynton Beach NSA. This agreement will provide $381,000 in Federal CDBG funds and does not require County matching funds. (HCD) (TKF) (District 3) C. Background and Justification: The City of Boynton Beach has executed an Interlocal Agreement with Palm Beach County to participate in the Community Development Block Grant (CDBG) program of the United States Department of Housing and Urban Development. The City has requested $381,000 to construct Phase II comprehensive street improvements within the designated northeast section of the City and to add two lighted racquetball courts and additional new playground equipment to the Sara Sims Park in the Boynton Beach NSA. On June 16, 1992, the Board of County Commissioners approved via document R92 -839D the allocation of $256,000 F/Y 92 -93 to the City of Boynton Beach through its approval of the Palm Beach County's Final Statement of Community Development Objectives and Projected Use of Funds for Fiscal 1992/93. On September 8, 1992 the Board of County Commissioners approved an amendment to the Final Statement of Fiscal Year 1991/92, VIA document R92- 1251D, to increase the scope of Phase II comprehensive street improvements ($74,000) and to fund the Sara Sims Park Improvements $51,000 (F/Y 91 -92). These two actions have brought the total available funding to $381,000. APPROVED D. Attachments: BY BpAF}p Of COUMy «� MISSI A. Agreement with the City of Boynton Beach. AT INp / 2 / 9 �� MMI . d C RFa SSECT1ON Recommended By: °`t b Department Director Date ,y/f Approved By: Ass ant County Administrator Date Ref: A93BBAGR /CAH F II. FISCAL IMPACT ANALYSIS A. Five Year Summary of Fiscal Impact: Fiscal Years 19 93 19 94 19 95 19 96 19 97 Capital Expenditures 381,000 Operating Costs Operating Revenues Is Item Included In Current Budget? Yes X No Budget Account #: Fund 162 Agency 143 Org. 1431 Object 332(fj,55/ Reporting Category PI P .252, B. Recommended Sources of Funds /Summary of Fiscal Impact: Upon approval of this agenda item, funds in the amount of $381,000 will be appropriated to the City of Boynton Beach for their Comprehensive Street Improvement and improvement to Sara Sims Park. III. REVIEW COMMENTS A. OFMB Fiscal and /or Contract Administration Comments: 06 C OFMB A. in • ration This contract complie with our contract B. Legal Sufficiency: review requirements. 4`/ •es o=nt County Attorney C. Other Department Review: Department Director This summary is not to be used as a basis for payment. Ref: A93BBAGR /CAH - 2