R02-036RESOLUTION NO. R02-OE~f~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
ENTER INTO AN AGREEMENT BETVVEEN THE CITY OF
BOYNTON BEACH AND BARRY A. FRANKEL &
ASSOCIATES, P. A., FOR THE UTII:IZATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
IN THE AMOUNT OF $50,000.00; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Boynton Beach 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 the City, pursuant to Title 1 of the Housing and
Community Development Act of 1974 (as amended); and
WHEREAS, staff recommends approval of a contract in the amount of
;50,000 with Barry A. Frankel & Associates, P.A., to use Community Development
~lock Grant Funds for the purpose of acquiring modern optometric equipment and
"naking renovations to the interior of 540 E. Woolbright Road; and
WHEREAS, this project was previously approved by consent on the agenda
3f August 7, 2001, and was contingent upon the approval of the Palm Beach County
Commission for matching funds in the amount of $50,000 from County Funds
designated for Economic Development; and
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 hereby
authorizes and directs the Mayor and City Clerk to accept and execute the
S:\CA\RESOC, greements\Grants\Franke[ CDBG Grant 021202.doc
agreement between the City of Boynton Beach and Barry A. Frankel & Associates,
P.A., to us Community Development Block Grant Funds to acquire modern
optometric equipment and to make renovations to the interior of 540 E. Woolbright
Road. A copy of the agreement is attached hereto as Exhibit "A."
Section 2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this Iq day of February, 2002.
~,TTEST:
,~~mmissioner
Commissioner
S:\CA\RESO~Agreements\Grants\Frankel CDBG Gran[ 021202.doc
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
BARRY FRANKEL AND ASSOCIATES~ P.A.
THIS AGREEMENT, entered into this day of ., 20__, by and between THE CITY OF
BOYNTON BEACH, a political, subdivision of the State of Florida, for,the use and benefit of its Community
Development Block Grant Program, and Barry_ Frankel and Associates, P.A., a corporation duly organized
and authbrized to do business in the State of Florida, having its principal office at 540 East Woolbright Road,
Boynton Beach, FL 33435, and its Federal Tax Identification Number as 65-0998358, hereinafter referred to
as the "Company".
WHEREAS, the City of Boynton Beach 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 the City'of Boynton Beach, pursuant to
Title I of the Housing and Community Development Act of 1974 (as amended); and
WHEREAS, the City of Boynton Beach, in accordance with the Annual Consolidated Plan, and Barry
Frankel and Associates, P.A. desire to provide the activities specified in Part II of this Agreement; and
WHEREAS, the City of Boynton Beach desires to engage Barry- Frankel and Associates, P.A. 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) "City" means City of Boynto n Beach.
2) "CDBG" means the Community Development Block Grant Program of the City of Boynton
Beach.
3) "CRD" means City of Boynton Beach Division of Community Redevelopment.
4) ".Company" means Barry Frankel and Associates, P.A.
5) "CRD Approval" means the written approval of the Director of Development or his designee.
6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Urban Development or
a person authorized to acton its behalf.
7) "Low and moderate income persons" means the definition set by U.S. HUD.
8) "Held by or made available to" means the definition set by US HUD.
PURPOSE
The purpose of this Agreement is to state the covenants and conditions under which the Company will
implement the Scope of Services set forth in Part II of this Agreement. At least 51 percent {51%) of the
jobs created/retained through this Agreement must be held by, or made available to, Iow- and moderate-
income persons.
PART II
SCOPE OF SERVICES
The Company shall, in a satisfactory and proper manner as determined by CRD, perform the tasks outlined
in 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
MAXIMUM CO MPENSATION
The Company agrees to accept as full payment for services rendered pursuant to this Agreement the
actual amount of budgeted, eligible, and CRD approved expenditures and encumbrances made by the
Company under this Agreement. Said services shall be performed in a manner satisfactory to CRD. In
no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum
and total authorized sum of $50,000 for the period of December 18, 2001 through and including
September 30, 2002. Any funds not obligated by the expiration date of this Agreement automatically
revert to the City. Further budget changes within the designated Agreement amount can be approved in
writing by the Director of Develepment at his discretion up to ten percent (10%) on a cumulative basis of
the Agreement amount during the Agreement period. Such requests for changes must be made in
writing by the Agency to the CRD. Budget changes in excess of ten percent (10%) must be approved by
the Commission of the City Of Boynton Beach.
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 grant number B-01-MC- 12-0043. The effective date
shall be the date of execution of this Agreement, and the services of the Company 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 Company by September 30, 2002.
METHOD OF PAYMENT
The City agrees to make payments and to reimburse the Agency for all budgeted costs permitted by
Federal, State, and City gu de nes. n no event sha I the City Provide advance fund ng to the Company
or any subcontractor hereunder. Requests by the Company for payments or reimbursements shall be
accompanied by proper documentation of expenditures and should, to the maximum extent possible, be
submitted to CRD for approval no later than thirty(30) days after the date of payment by the Company.
Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of
invoices and reports approved by the Company and CRD. Proof of payment and originals of invoices,
receipts, or other evidence of indebtedness shall be considered proper documentation. When original
documents cannot be presented, the Company must adequately justify their absence, in writing, and
furnish copies. Invoices will not be honored if received by the City of Boynton' Beach Finance
Department later than forty-five (45) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the effective date of this Agreement.
4. CONDITIONS ON WHICH PAYMENT IS CONTINGENT
(1)
IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES
The Company shall implement this Agreement in accordance with applicable Federal, State, and
City laws:, ordinances and codes, and amendments and additions thereto as may from time to time
be made. The Federal, State,' and City laws, ordinances and codes are minimal regulations which
may be supplemented by more restrictive guidelines set forth by CRD. No reimbursements will be
made without evidence of the appropriate insurance required by this Agreement on file with CRD.
No payments 'for multi-funded projects will be made until a cost allocation plan has been approved
by the CRD. Should a project receive additional funding after the commencement of this Agreement,
the Company shall notify CRD in writing within thirty (30) days of receiving notification from
the funding ~°urce and Submit a cost allocation plan for approval by the CRD within forty-
fiv® (45) days of said notification.
2
(2) FINANCIAL ACCOUNTABILITY
The City may have a financial systems analysis and/or an audit of the Company or any of its
subcontractors performed by an independent auditing firm employed by the City or by the City
Internal Audit Department at any time the City deems necessary to determine if the project is being
managed in accordance with Federal, State, and City requirements.
(3) SUBCONTRACTS
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be
submitted by the Company to CRD and approved by CRD prior to execution of any subcontract
hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and
regulations. This includes ensuring that all consultant Agreements and fee schedules meet the
minimum standards as established by the City of Boynton Beach Purchasing Department and U.S.
HUD. Agreements for architecture, engineering, survey, and planning shall be negotiated fixed fee
Agreements. All additional services shall have prior written approval with support documentation
detailing categories of persons performing work plus hourly rates including benefits, number of
drawings reqL~ red, and al rems that justify the "Fixed Fee Agreement." Reimbursables will be at
cost. None of the work or services covered by this Agreement, including but not limited to consultant
work or services, shall be subcontracted or reimbursed without prior written approval of the CRD.
(4) PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written Agreement and in conformity with the procedures prescribed by the City of
Boynton Beach Purchasing Ordinance, as well as 48 CFR Part 31 and 24 CFR Part 84.40-48, which
are incorporated herein by reference.
(5) REPORTS, AUDITS, AND EVALUATIONS
Payment will be contingent on the receipt of complete and accurate reports required by this
Agreement, and in the resolution of monitoring or audit findings identified pursuant to this
Agreement.
(6) ADDITIONAL CITY AND U.S. HUD REQUIREMENTS
The State or Federal funds being provided hereunder cannot be used as a match for other State or
Federal grants to the grantee and the grantee cannot submit requests for the same expenses to
more than one funding source or under more than one program.
CRD shall have the right under this Agreement to suspend or terminate payments until the
Company complies with any additional conditions that may be imposed by the City or U.S. HUD.
(7) PRIOR WRITTEN APPROVALS-SUMMARY
The following includes but is not limited to activities that require the prior written approval of the .
CRD 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)AII out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter-
112.061 );
(d)AII change orders; and
(e)Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
(f)AII rates of pay and pay increases paid from funds provided hereunder, whether for merit or cost
of living.
3
GENERAL CONDITIONS
PART IV
1. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The Company agrees that no person shall on the ground of race, color, national origin, religion,
disability, age, familial status, 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 City shall have the right to terminate this Agreement. To the greatest extend feasible,
lower-income residents of the project areas shall be given opportunities for training and employment;
and to the greatest feasible extent eligible business concerns located in or owned in substantial part by
persons residing in the project areas shall be awarded Agreements in connection with the project. At a
minimum, the Company shall comply with the Section 3 Clause of the Housing and Community
Development Act of 1968, as amended.
2. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES
In the procurement of supplies; equipment, construction, or services to implement this Agreement, the
Company 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 Agreements to be ,performed pursuant to this Agreement. To the maximum extent feasible
these small bus ness and minor ty/women-owned business enterprises shall be located in or owned by
residents of the areas designatec~ by City of Boynton Beach in the Annual Consolidated Plan approved
by U.S. HUD.
PROGRAM BENEFICIARIES
At least fifty-one percent (51%) of the jobs created/retained through this project must be held by,
or made available to, Iow- and moderate-income persons, if the project is located in an entitlement
city, as defined by U.S. HUD, or serves beneficiaries countywide, more than 30 percent (30%) of the
beneficiaries assisted directly through the use of funds under this Agreement must reside in
unincorporated City of Boynton Beach or in municipalities participating in the County's Urban County
Qualification Program. The Company shall provide written verification of compliance as described in
Exhibit A of this Agreement to CRD upon CRD's request.
EVALUATION AND MONITORING
The Company agrees that CRD will carry out periodic monitoring and evaluation activities, as
determined necessary by CRD or the City, during the term of this Agreement and during the periods of
time described in Exhibit A of this Agreement. The Company agrees to furnish upon request to CRD, the
City or the City's designees and make copies or transcriptions of such records and information as is
determined necessary by CRD or the City. The Company shall submit information and status reports
required by CRD, the City or U.S. HUD, at CRD's request, to enable CRD to evaluate said progress and
to enable CRD to complete reports required of CRD by U.S. HUD. The Company shall allow CRD or
U.S. HUD to monitor the Company on site. Such site visits may be scheduled or unscheduled as
determined by CRD or U.S. HUD.
AUDITS AND INSPECTIONS
At any time during normal business hours and as often as CRD, the City, U.S. HUD, or the Comptroller
General of the United States may deem necessary, the Company shall make available all its records
with respect to all matters covered by this Agreement.
DATA BECOMES CITY PROPERTY
All reports, plans, surveys, information, documents, maps, and other data procedures purchased,
developed, prepared, assembled, or completed by the Company for the purpose 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 Company at any time upon request by the County or CRD. Upon completion of all
work contemplated under this Agreement copies of all documents and records relating to this
Agreement shall be surrendered to CRD if requested. In any event the Company shall keep all
documents and records for three (3) years after expiration of this Agreement.
INDEMNIFICATION
The Agency shall protect, defend, reimburse, indemnify and hold the City, its agents, employees and
elected officers harmless from and against all claims, liability, expense, loss, cost, damages or causes
of action of every kind or character, including attorney's fees and costs, whether at trial or appellate
levels or otherwise, arising during performance of the terms of this Agreement or due to the acts or
omissions of the Agency. Agency's aforesaid indemnity and hold harmless obligation, or portion or
applications thereof, shall apply to the fullest extent permitted by law. The Agency will hold the City
harmless and will indemnify the City for funds which the City is obligated to refund the Federal
Government arising out of the conduct of activities and administration of Agency.
IN SURANCE REQUIREMENT
Unless otherwise specified in this Agreement, the Company shall, at its sole expense, maintain in full
force and effect at all times during the life of this Agreement, insurance coverages, limits, including
endorsements, as described herein. The requirements contained herein as to types and limits, as well
as City's review or acceptance of insurance maintained by the Company are not intended to and shall
not in any manner limit or qualify the liabilities and obligations assumed by the Company under the
Agreement.
(1)
COMMERCIAL GENERAL LIABILITY
The Company shall agree to maintain Commercial General Liability at a limit of liability not less than
$500,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual
Liability or Cross Liability unless granted by City's Risk Management Department. The Company
agrees this coverage shall be provided on a primary basis.
WHEN APPLICABLE: Professional Liability Insurance shall have minimum limits of $500,000 per
Occurrence and $500,000 Aggregate.
(2)
BUSINESS AUTOMOBILE LIABILITY
The Company shall agree to maintain' Business Automobile Liability at a limit of liability not less than
$500,000 Each Occurrence for all owned, non-owned and hired automobiles. In the event the
Company does not own any automobiles, the Business Auto Liability requirement shall be amended
allowing the Company to agree to maintain only Hired & Non- Owned Auto Liability. This amended
requirement may be satisfied by way of endorsement to the Commercial General Liability, or
separate Business Auto coverage form. Company agrees this coverage shall be provided on a
primary basis.
(3)
WORKER'S COMPENSATION & EMPLOYER'S LIABILITY
The Company shall agree to maintain Worker's Compensation Insurance & Employers Liability in
accordance with Flodda Statute Chapter 440. The Company agrees this coverage shall be provided
on a primary basis.
(4)
INSURANCE COVERING EQUIPMENT
The Company shall agree to maintain insurance coverages against theft, loss, damage, and loss to
persons or property in an amount not less than one hundred percent (100%) of the replacement
cost of the equipment purchased with funds under this Agreement for a period often (10) years. The
Company shall agree to be fully responsible for any deductible or self- insured retention and agree
to name the City as a Loss Payee on each policy as its interest may appear in equipment purchased
with funds under this Agreement.
10.
11.
-12.
(5)
ADDITIONAL INSURED
The Company shall agree to endorse the County as an Additional Insured with a CG 2026
Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the
Commercial General Liability. The Additional Insured endorsement shall read "City of Boynton
Beach Commission, a Political Subdivision of the State of Florida, its Officers, Employees and
Agents, c/o Division of Community Redevelopment". The Company shall agree the Additional
Insured endorsements provide coverage on a primary basis.
(6)
CERTIFICATE OF INSURANCE
The Company shall agree to deliver to the City a certificate(s) of insurance evidencing the required
insUrance is in full force and effect within thirty (30) calendar days prior to the execution of the
Agreement. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of
coverage shall be included on the certificate(s).
(7) RIGHT TO REVIEW & ADJUST
The Company shall agree the City, oy and through its Risk Management Department, in cooperation
with CRD, reserves the right to periodically review, modify, reject or accept any required policies of
insurance, including limits, coverages, or endorsements, herein from time to time throughout the life of
this Agreement. The City reserves the right, but not the obligation, to review and reject any insurer
providing coverage because of it's poor financial condition or failure to operate legally.
CONFLICT OF INTEREST
The Company covenants that no person who presently exercises any functions or responsibilities in
connection with the project has any personal financial interest, direct or indirect, 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 Com party. Any possible conflict of interest on the
part of the Company or its employees shall be disclosed in writing to CRD provided, however, that this
paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory
requirement that maximum opportunity be provided for employment of and participation of Iow and
moderate-income residents of the project target area.
CITIZEN PARTICIPATION
The Company will cooperate with CRD in the implementation of the Citizen Participation Plan by
informing project beneficiaries and the community of the activities the Company is undertaking in
carrying out the provisions of this Agreement.
RECOGNITION
All property purchased or constructed pursuant to this Agreement shall be clearly identified as
to funding source. The agency will include a reference to the financial support herein provided by CRD
in all publicity. In addition, the agency will make a good faith effort to recognize CRD's support for all
activities made possible with funds made available under this Agreement.
AGREEMENT DOCUMENTS
The following documents are herein incorporated by reference and made a part hereof, and shall
constitute and be referred to as the Agreement; and all of said documents taken as a whole constitute
the Agreement between the parties hereto and are as fully a part of the Agreement as if they were set
forth verbatim and at length herein:
(1) This Agreement, including its Exhibits
(2) 48 CFR Part 31
(3) City of Boynton Beach Purchasing Ordinance
(4) City of Boynton Beach's Tangible Property Disposal Ordinance
(5) Community Development Block Grant Regulations (24 CFR Part 570), as amended
(6) The Company's Incorporation Certificate
(7) The Company's Certificates of Insurance and Bonding
The Company shall keep an original of this Agreement, including its Exhibits, and all amendments thereto,
on file at its principal office.
13.
TERMINATION
In the event of termination, the Company shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of the Agreement by the Company, and the City may
withhold any payment to the Company for set-off purposes until such time as the exact amount of
damages due to the City from the Company is determined.
A. Termination for Cause:
If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this
Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this
Agreement, either party shall thereupon have the right to terminate this Agreement or suspend
payments in whole or part by' giving written notice of such termination or suspension of payments and
specify the effective date of termination or suspension. The agency shall repay the full value of this
grant, unless otherwise specified by CRD, within a time period specified by the City.
B. Termination Due To Cessation:
In the event the grant to the City 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 U.S. HUD specifies. In the event the Company ceases to exist, or ceases or suspends its
operation for any reason, this Agreement shall be suspended or terminated on the date the City
specifies. The determination that the Company has ceased or suspended its operation shall be made
solely by the City, and the Company, its successors or assigns in interest agrees to be bound by the
City's determination. At the City's sole discretion, the Company shall return all funds received through
this Agreement to the City within a time period specified by the City.
C. Termination for Convenience of City:
The City may terminate this Agreement at any time by giving at least ten (10) working days notice in
writing from the City to the Company. If this Agreement is terminated by the City as provided herein, the
Company will be paid for allowable services and allowable expenses under Part II of this Agreement
until the effective date of termination.
D. Termination for Convenience of the Company:
The Company may terminate this Agreement at any time by giving at least ten (10) Working days prior
written notice to CRD. If the Company has received funds through this Agreement, the Company shall
return all funds to the City prior to the termination of this Agreement.
14.
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.
15.
16.
AMENDMENTS
The City may, at its discretion, amend this Agreement to conform with changes in Federal, State, City,
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 City of Boynton Beach
Commission. Except as otherwise provided herein, no amendment to this Agreement shall be binding on
either party unless in writing, approved by the City Commission and signed by both parties.
NOTICES
All notices required to be given under this Agreement shall be Sufficient when delivered to CRD at its
office at 100 E. Boynton Beach Boulevarc~, Boynton Beach, Florida 33435, and to the ComPany when
delivered to its office at the address listed on Page One (1) of this Agreement.
17. INDEPENDENT AGENT AND EMPLOYEES
The Company agrees that, in all matters relating to this Agreement, it will be acting as an independent
agent and that its employees are not City of Boynton Beach employees and are not subject to the City
provisions of the law applicable to City employees relative to employment compensation and employee
ben efits.
18 NO FORFEITURE
The rights of the City under this Agreement shall be cumulative and failure on the part of the City to exercise
promptly any rights given hereunder shall not operate to forfeit or waive any of the said rights.
19. PUBLIC ENTITY CRIMES
As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof,
the Company certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform
hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department
of Management SerVices within the 36 months immediately preceding the date hereof. This notice is
required by F.S. 287'.133 (3)(a).
20. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twelve (1:2) enumerated pages, which include the exhibits referenced herein,
shall be executed in three (3) counterparts, each of which shall be deemed to be an original, and such
counterparts will constitute one and the same instrument.
21. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior Agreements, if any, between the parties hereto and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
WITNESS our Hands and Seals on this __ day of, 2002.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
~,~,,\ ". . . . ·
.,'"~_ ~oti~ ~bdiws~on of the State of Florida
· BY.
~ o ~- (~'~~LERK Z i~ MAYOR
A~PR0¢ED AS TO FORM: -
CI~ A~ORNEY
BARRY FRANKEL AND ASSOCIATES, P.A., a Florida corporation
By:
Witness
Barry A. Frankel, President/Owner
Witness
8
B~
EXHIBIT "A"
WORK PROGRAM NARRATIVE
The Company agrees to:
PURCHASE OF EQUIPMENT: Purchase optometric equipment for use in the Company's optemetry
retail store at 540 East Woolbright Road, Boynton Beach, Florida. Said equipment may include
laboratory, pretesting/diagnostic, screening, and examination equipment. The Company shall hold
title to the equipment.
NOTE 1: The Company shall assure that City of Boynton Beach, Florida funds $50,000 towards
this project. The project will consist of renovation of the Company's optometry retail store and the
purchase of optometric equipment. The Company shall provide documentation to the City to
substantiate said funding.
NOTE 2: Purchase of said equipment is subject to the City of Boynton Beach Purchasing
Ordinance. Under the Ordinance, the threshold dollar amount at or above which the formal
competitive sealed bid process must be used is $25,000. The Company shall submit its bid package
and specifications to CRD and obtain a letter of approval prior to bidding. For purchases from
$1,000 to $24,999, the Company shall submit at least three written quotes. The Company shall
obtain the prior written approval of the CRD for the award of the contract to purchase.
NOTE 3: The Company will provide proof that leverage claimed by the Company has been
committed.
The Company further agrees that CRD shall be the final arbiter on the Company's compliance with
the above.
INVENTORY AND MAINTENANCE: Within seven (7) days of the City reimbursing the Company for
the purchase of the equipment, the Company shall provide CRD with a list of said equipment that
includes a description of the equipment; serial number or other identification number, if applicable;
source of the equipment; acquisition date; purchase price; and location of the equipment.
Additionally, the Company will make the equipment available annually for ~nspection and
inventorying by the County and must also provide annually to CRD a report on the condition and
use of said equipment. CRD reserves the fight to inspect said equipment on site.
The Company shall maintain said equipment, at the Company's own cost and expense, in good
repair and condition. The Company shall also keep the equipment insured for the full value of the
equipment against theft, collision, damage, and loss to persons or property.
The provisions of this clause shall survive the expiration of this Agreement.
DISPOSITION: Equipment, land or any other tangible asset purchased by City of Boynton Beach for
use by the Company shall be disposed of according to City of Boynton Beach's Tangible Property
Disposal Ordinance. Disposition of the equipment is subject to prior written approval of the CRD
Director or designee. If for any reason the said equipment is not maintained, used for its intended
purpose, or kept in a state of good condition, the Company shall repay the full value of this grant,
unless otherwise specified by CRD. CRD or its designee reserves the right to make the
determination relating to the Company's use an d maintenance of any tangible property purchased
by City of Boynton Beach.
JOB CREATION: Subsequent to the effective date of this Agreement and within one (1) year of the
completion of the activity funded under this Agreement, the Company shall create 3.33 jobs, on a
full-time equivalent basis, where at least 51% of the jobs will be held by Iow- and moderate-income
persons. A full-time job shall mean employment for a minimum of 2,080 hours per year and for a
wage or salary equal to or better than the minimum wage as determined by the U.S. Department of
Labor. Low- and moderate-income status is based on the person's income at the time of hire and is
not affected by subsequent raises or promotions. Said jobs will include, but may not be limited to,
the jobs listed in Exhibit C. The Company will register said jobs with and consider applicants
referred by the Palm Beach County Workforce Development Board.
A full-time job shall mean employment for a minimum of 2,080 hours per year and for a wage or
salary equal to or better than the minimum wage as determined by the U.S. Department of Labor.
Low- and moderate-income status is based on the person's income at the time of hire and is not
affected by subsequent raises or promotions.
SECURITY AGREEMENT: To secure the grant amount, the Company hereby covenants and
agrees for a period of three (3) years commencing with the completion of the activity to comply with
the Job Creation requirements; and for a period of five.(5) years to comply with the equipment
use/disposition requirements..If for any reason the Company fails to comply with the Job Creation or
the equipment use/disposition requirements, the agency shall repay the full value of this grant,
unless otherwise specified by ORD. The provisions of this clause shall survive the expiration of this
Agreement.
REPORTS: The Company shall submit the reports listed below to CRD.
1) Monthly updates during the term of this Agreement that describe the status of the activity funded
under this Agreement.
2) Written verification of job creation, satisfactory to CRD at CRD's sole discretion. Verification
shall include job title, salary, fringe benefits, full-time equivalency status, name and address of
person hired, proof said person is Iow- and moderate-income, and dates of employment. Said
written verification shall be provided to CRD at the completion of the activity funded under this
Agreement and annually there from for a period of three (3) years commencing with the
completion of the activity.
3) The Company's business tax returns for a period of three (3) years commencing with the
completion of the activity.
4) The list of equipment described in Section B above.
II.
A.
The City agrees to:
Provide up to $50,000 in funding for optometric equipment, which may include laboratory,
pretesting/diagnostic, screening, and examination equipment.
Provide project administration and inspection to the Company to ensure compliance with U.S. HUD,
the Department of Labor, and applicable State, Federal and City laws and regulations.
Monitor the Company at any time during the term of this Agreement. Visits may be scheduled or
unscheduled as determined by CRD, be conducted by CRD staff or its subcontractors, and will ·
serve to ensure compliance with U.S. of HUD regulations, that planned activities are conducted in a
timely manner, and to verify the accuracy of reporting to CRD on program activities.
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TO
FROM:
RE:
EXHIBIT "B'
LETTERHEAD STATIONERY
Octavia S. Sherrod, Community Development Manager
Division of Community Redevelopment
City Of Boynton Beach
Post Office Box 310
Boynton Beach, Florida 33425-0310
[Name of Sub-grantee]
[Address]
[Phone]
INVOICE REIMBURSEMENT
Attached, you Will find Invoice # , requesting reimbursement in the amount of $
The expenditures for this invoice covers the period [date] through [date]. You will also find attached back-up
original documentation relating to the expenditures being invoiced.
Approved for Submission:
Octavia S. Sherrod, Community Development Manager
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EXHIBIT "C"
Job Title
Optical Sales Representatives
Optometric Technician
Receptionist/Clerk
Full-Time Equivalency Status
Full-time
Full-time
Full-time
12