Loading...
R90-171RESOLUTION NO.~90-/7/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE USE AND BENEFIT OF ITS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS~, An Agreement was entered into between Palm Beach County ~nd the United States Department of Housing and Srban Development for a grant for the execution and implementation of a community Development Block Grant ?rogram in certain areas of Palm Beach County, pursuant to 'itle I of the Housing and Community Development Act of 1974 as amended); and; WHEREAS, certain Palm Beach County Community ~evetopment Block Grant Citizen Participation Structures, ~he Board of County Commissioners of Palm Beach County, and ~he City of Boynton Beach, desire to provide the activities ~pecified in Part II of this Contract; and WHEREAS, Palm Beach County desires to engage the City B05Ulton Beach to implement such undertakings of the 2ommunity Development Block Grant Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The Mayor and City Clerk are hereby ~uthorized and directed to execute a certain Agreement )etween the City of Boynton Beach, Florida and Palm Beach 2ounty, said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution .mmediately upon passage. shall take effect PASSED ANDADOPTED this , 1990. BEACH, FLORIDA %TTEST: Iayor ~ice Mayor ssioner C6mmissioner CommisSioner / [C0~porat~= ~e~l ) AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH THIS AGREEMENT, entered into this 8th day of Januarys, 199,1, by and between Palm Beach County, a polit- ical subdivision of the State of ~rida, for the use and benefit of its Community Development Block Grant Program, and the City of Boynton Beach, a Municipality duly organ- ized and existing by virtue of the laws of the State of Florida, having its- principal office at 120 East Boynton Beach Boulevard, Boynton Beach, Florida 33~35. WHEREAS, Palm Beach County has entered into an agree- ment with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Pro- gram mn 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 premis- es and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE 1. Definitions (1) "County" means Palm Beach County. (2) "CDBG" means the Community Development Block Grant Program of Palm Beach County. (3) "HCD" means Palm Beach County Housing and Community Development. (4) "Municipality" means the City of Boynton Beach. City of Boynton Beach Ps_ge 2 (5) "HCD Approval" means the written approval of the HCD Director or his designee of the Community Development. Block Grant ~rogram after a request or a report has been properly processed in accor- dance with the HCD ~olicies and Procedures Manu- al. (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 definition set by U.S. HUD. Purpose The purpose of this Agreement is to state the cove- nants and conditions under which the Municipality will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons· PART II SCOPE OF SERVICES The Municipality shall, in a satisfactory and prope~ manner as determined by HCD, perform the tasks necessary to con- duct 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. COMPENSATION, OF PAYMENT PART III TIME OF PERFORMANCE, METHOD, AND CONDITIONS MAXIMUM COMPENSATION The Municipality_agrees to accept services rendered pursuant to actual as full payment for this Agreement the City of Boynton Beach Page 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 $80,000 for the period of October 1, 1990 through and including September 30, 1991. Any funds unobligated after the expiration date of this Agreement revert to the County. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the time- ly release of funds for this project under U. S. HUD Community Development Block Grant No. B-90-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 Municipality 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 September 30, 1991. METHOD OF PAYMENT The County agrees to make payments and to reimburse the Municipality for all budgeted costs permitted by Federal, Sta~e, 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 City of Boyn~on Beach Page 4 after the date the indebtedness was incurred. Payment shall be made by the Palm Beach County Finance Department upon proper presentation of invoices and reports approved by the Municipality and HCD. For purposes of this sec- tion, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documenta- ticn. When original documents cannot be presented, the Municipality must adequately justify their absence, in writing, and furnish copies. Invoices shall not be hon- ored if received by the Palm Beach County Finance Depart- ment later than thirty (30) days after the expiration date of this Agreement. Payment may be expected within thirty (30) days after filing a properly supported and approved invoice (See Exhibit B). 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 Coun- ty laws, ordinances, and codes and with the proce- dures outlined 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 regula- tions supplemented by more restrictive guidelines set forth in the HCD Policies and Procedures Manu- al. No reimbursements will be made without evidence of appropriate insurance as required by Part IV, Section 6 of this Agreement on file with HCD. No payments will be made until an HCD-approved cost allocation plan for multi-funded projects approved City of'Boynton Beach Page 5 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 independent contractor to per- form project services and if competitive bidding or com- petitive 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 contracts shall be submitted to HCD for prior approval. Upon receipt of certified copies of Bid Awards and Contracts, HCD will audit and forward said certified copies to the PaLm Beach County Finance Department together with comments related to the audit. If the Municipality has awarded a contract to an indepen- dent contractor to perform project services, the Munici- pality shall describe the services for which it is invoic- ing. If the Municipality uses its own work force to perform project services, the Municipality shall submit a certi- fied copy of the purchase orders authorizing the purchase of material and a certified copy of the work orders order- ing the work for which it will be Invoicing. If the Municipality has awarded a contract to an indepen- dent contractor to perform project services, the Munici- pality 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. City of Boynton=Beach Page 6 (3 If the Municipality wishes, it may submit paid in- voices for reimbursement by the County. In these instances, 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 projec~ receive additional funding after the commencement of this Agreement, the Municipality shall notify HCD in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within~ for- ty-five (45) days of said official notification. FINANCIAL ACCOUNTABILITY The County may have a financial systems analysis and an internal fiscal control evaluation of the Munici- pality by an independent auditing fi-rm employed by the County or by the County Internal Audit Depart- ment at any time the County deems necessary to d~ter- mine if the project with Federal~State, SUBCONTRACTS is being managed in accordance and County requirements. 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 Eederal guide- lines and regulations must be submitted by the Munic- ipality to HCD and approved by HCD prior to execu- tion of any subcontract hereunder. In addition, all City Of Boynton Beach Page 7 (4) (5) 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. Ail additional services shall have prior written approval with support documentation detailing catego- ries of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursables will be at cost. None of the work or services covered by this Agree- ment, including but not limited to consultant work or services, shall be subcontracted or reimbursed without prior written approval or his designee. PURCHASING All purchasing of the HCD Director 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. REPORTS, AUDITS, AND EVALUATIONS Payment will be contingent on the receipt and approv- al of reports required by this Agreement, the satis- factory evaluation of the project by HCD and the City of Boynton Beath Page 8 (6) (7) (8) County and satisfactory audits by the Internal Audit Departments of the County and Federal Government if required. All reports (monthly, biweekly, etc.) will be due within the time prescribed by ment and the attachments hereto tion of this Agreement. ADDITIONAL HCD, COUNTY, AND U.S. following this Agree- the execu- 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. PRIOR WRITTEN APPROVALS-SUMMARY The following includes but is not limited to activi- ties that require the prior written approval of the HCD Director or his designee to'be eligible for reim- bursement or payment: (a) Initiation of new programs not covered by this Agreement; (b) All subcontracts and agreements pursuant to this Agreement; (c) All capital equipment expenditures of $1,O00 or more; (d) All out-of-town travel; (travel shall be reim- bursed in accordance with Florida Statutes, Chapter 112.061); (e) All change orders; and (f) Requests to utilize remaining funds should there be a surplus after a bid has been awarded. PROGRAM-GENERATED INCOME Ail income by the Municipality from activities fi- nanced in whole or in part by CDBG funds must be City of Boynton Beach Page 9 reported to HCD. Such income would include but no~ be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, ~4~he 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, and ot~er applicable regulations incorporated herein by reference. GENERAL CONDITIONS PART IV 1. OPPORTUNITIES FOR RESIDENTS AND CIVIL ~IGHTS COMPLIANCE The Municipality agrees that no person shall on the ground of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income 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 contracts in connection with the project. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSI- NESS ENTERPRISES In the procurgmen= of supplies, equipment, construction, or services to implement this Agreement, the Municipality City of Boynton Beach Page 10 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 feasi- ble opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasi- ble these small business and minority/women-owned busi- ness enterprises shall- be located mn or owned by resi- dents of the CDBG areas designated by Palm Beach County in the CDBG Final Statement of Objectives approved by U.S. HUD. At a minimum, the subrecipient shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. EVALUATION AND MONITORING The Municipality agrees that HCD will carry out periodic monitoring and evaluation activities as determined neces- sary by HCD or the County and that the continuation 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 scheduling7 budgets, and output measures. The Municipality agrees to furnish upon request to HCD, the County or the County's deslgne~s and make copies or transcriptions of such records and informa- tion as is determined necessary by HCD or the County. The Municipality shall submit on a monthly and quarterly basis, and at other times upon the request of HCD, infor- mation and status reports required by HCD, the County or U.S. HUD on forms approved by HCD. Monthly Grantee Per- formance Reports 4949.2 (Activity Summary) will be re- quired. This information will include: detailed informa- tion on the status of the project and status of funds; and if applicable, the number of clients served by census tract; the number of low- 'to moderate-income persons; racial breakdown; an~ the number of female-headed house- holds. In the event that this Agreement should provide funds for capital improvements projects, the Municipality City of Boynto~ Beach Page 11 shall be responsible for providing all necessary and pertinent information to HCD's Capital Improvements Sec- tion in order to allow for completion of the Grantee Performance Reports. However, thi~/ 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 ~omptroller General to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment, and other data relat- lng to all matters covered by this Agreement. T~e 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 provid- ing 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. One copy of such audit shall be transmitted to HCD by the Municipality within thirty (30) days of its completion. DATA BECOMES COUNTY PROPERTY Ail reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the Municdpality for the pur- pose of this Agreement shall become the property of the County without restriction, reservation, or limitati'on of City of Boynton Beach Page 12 their use and shall be made available by the Municipality at any time upon request by the County or HCD. Upon completion of all work contemplated under this Agreement, copies of all ~ocuments 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. INDEMNIFICATIO~ The Municipality shall indemnify and save the County harmless from any and all claims, losses, damages, and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Municipality shall pay all claims and losses of any na- ture whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits, to its performance of this Agreement, and shall costs and judgments which may issue thereon. In relating pay all particu- lar, the Municipality will hold the County harmless and will indemnify the County for funds which the County is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Munic- ipality. Additionally, the Municipality shall also indemnify and save the County harmless from all violations by the Munic- ipality of Federal, State, and County regulations, codes and statutes. The Municipality shall also be held respon- sible for all claims and losses as a result of said ac- tions and will hold the County harmless and will indemni- fy 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 o~ this Agreement, the Munic- ipality shall maintain in force Comprehensive General City of Boynton Beach Page 13 Liability ~nsurance, including coverage for personal injury, bodily injury, property damage, and contractual liability to sup'port the Indemnification clause contained herein. Such ins~rrance shall be in an amount of not less than $200,000 combined single limit~ and coverages shall be evidenced by a Certificate of Insurance and shall provide for thirty 630) days notice of cancellation, non-renewal or any adverse Change in coverage. Palm Beach C~unty shall be included in the coverage as an additional insured as its interests may appear. MAINTENANCE OF EFFORT The intent and purpose of this Agreement is to Increase the ava/lability of the Municipality's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Municipality. The Municipality agrees to maintain a level .of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. CONFLICT ~F INTER_ES~ The Municipality agrees to abide by and be goveIu~d by Florida Statute %112 (Conflict of Interest) as amended which is incorporated ~herein by reference. The Municipal- ity further COvenants that no person who presently exer- cises any functions or responsibilities in Connection with the CDBG Project, has any personal financial inter- est, direc~ or indirect, in the target areas or any par- cels therein, which would conflict in any manner or de- gree 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 employees shall be disclosed_in writing to HCD provid- ~d,._ho~ever, that this paragraph shall be interpreted in City of Boynton Page 14 Beach such a manner so as not to unreasonably impede the 'sEatu- tory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. 9. CITIZEN PARTICIPATION The ~Unicipality shall cooperate with HCD in informing the appropriate CDBG Citizen Participation Strucuures. 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. PRO~ECT PUBLiCiTY When issuing statements, brochures or press releases describing projects or programs, the MUnicipality shall clearly state 1) the percentage of the t6tal cos~ of the project, which will be financed with funds obtained through HCD and' the dollar amount of funds obtained through HCD for the pro3ect' CONTRACT DOCUMENTs The following documents are herein incorporated by refer- ence and made a part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: (1) This Agreement, including Exhibits A and B (2) Proposed Budget(s) included in Exhibit A, Work Program Narrative 11. (3) Office of Management A-lO2, and A-128 and Budget Circulars (4) Florida Statutes, Chapter 112 A-87, City-of Boynton Page 15 Beach L2. (5) Executive Orders 11026, 11625, 11246, and the Davis Bacon Act (6) (7) (8) (9) All at documents will be furnished to the charge by HCD, with the which has been~transmitted TERMINATION Grantee Performance Report Form 49~9.2 Palm Beach County Purchasing Procedures Manual Federal Community Development Block Grant Regula- tions (24 CFR Part 570), as amended The Common Rule of these documents are filed and will be maintained the Business Office of HCD. One copy of the contrac~ Municipality without exception of item (2) above, to HCD by the Municipality. In even~ of termination for any of the following, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured -by the Municipality with CDBG funds under this Agreement shall be returned to HCD or the County. In the event of termination, the Municipality shall not be relieved of liability to the County for damages sus- tained by the County by virtue of any breach of the CCh- tract by the Municipality, and the County may withhold any payment to the Municipality for the purposes of set- off until such time as the exact amoun~ of damages due to the County from the Municipality is determined. A. Terminat_ion or Suspension of Payments of Contracl for Cause If through any cause the Municipality shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if the Municipality shall violate any of the covenants, agreements, or stipula- tions of this Agreement, the County shall thereupon City of Boynton Beach Page 16 have the right to terminate this Agreement or sus- pend payments in whole or part by giving w~itten notice to the Municipality of suck termination or suspension of payments and specify the effective date of termination or suspension. If payments are with_held, HCD shall specify in writing the actions that must be taken by the Municipality as a condi- tion precedent to resumption of payments and sha~l 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; (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 under Part II of this Agreemen~ 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. City of Boynson Beach Page 17 C. Termination for Convenience of the Municipality At any time during the term of this Agreement, the Municipalit~ may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the HCD. Upon termination, the Municipality shall be paid for services rendered pursuant to this 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 Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. AMENDMENTS The County may, at its discretion, amend this Agreement to conform with changes in Federal, State, County, or U.S. HUD guidelines, directives, and ob3ectives. 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 and signed by both parties. NOTICE All notice required to be Board of County Commissioners given under this Agreement shall be sufficient when delivered to HCD at its office at 801 Evernia Street, West Palm Beach, Florida 33401, and to the Municipality when delivered to its office at the address listed on Page One (1 of this Agreement. City of--qBoynton Beach Page 18 16. The Municipality agrees that, in at~_ matters relating to acting as an independent agent not Palm Beach County employ- the County provisions of the this Agreement, it will be and that its employees a~e ees and are not subject to law applicable to CounTy employees relative to emDloy- men~, hours of work, rates of compensation, leave,-unem- ployment compensation and employee benefits. 17. NO FORFEITURE The rights of the County under this Agreement shall be cumulative and-failure on the part of the County to exer- cise promptly any rights given hereunder shall no= oper- ate to forfeit or waive any of the said rights. 18. C_QOUNTERPARTS O? THE_AGREEMENT This Agreement, consisting of twenty (20) enumerated pages and the exhibits referenced herein, shall be execut- ed in five (5) Counterparts, each of which shall be deemed to be an original, and such Counterparts will constitute one and the same instrument. E_NTI_RE UNDE~STANDI_NG This Agreement and its ments, if any, between the entire unders=anding. 19. provisions merge any prior agree~ the parties hereto and constitutes The parties hereby acknowledge City of Page lg Boynton Beach 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 ~th day of Ja:-~uar,.,:L 1991._ Approved as to Form and Legal Sufficiency: / // Tamm~.Fields Assistant County Attorney Palm, Beach County ATTEST: John B. Dunkle, Clerk Board of County Commissioners ?alm Beach County PALM BEACH COUNTy, BY ITS BOARD OF ~ ~OUNTY COMMISSIONERS BY: ~'~ ' / "Y I~aren ~arcus, Cha~--r - Palm B~.ach Counny Board of County Commissioners ~ue Kru~.~ City ~tk .Gene ~oore, ~ayo~ -' City ~o~'iss,i on / Jame~;o f ~ Attorney for ;~nicipality {8i~atura Optional) (COUNTY SEAL) (CITY SEAL) ~F:AGRBB.90 City of Boynton B~ach Page 20 II. E~XHIBIT_A: WORK PR_OGP~AM NARR~_.TIV~ CITY OF BO_YNTON BEAC~ The Municipality agrees to provide the following services: A. Evaluation of existing infrastructures and recommended construction design criteria, as well as efficient phas- ing of construction' for NE llth, 12th, and 13th Avenues between Seacrest Boulevard and FEC Railroad right:of_way including NE 2nd and 3rd Streets and Railroad Avenue. Design modern drainage, wastewater collection, water distribution, street and sidewalk improvements including right-of-way acquisition or abandonment to bring the neighborhood to an acceptable standard of infrastructure in support of existing and future affordable housing. B. Maintain all 'previously completed CDBG-funded projects including street improvements. Failure to do so will result in forfeiture of future CDBG funds and will delay funding for ongoing activities. C. Continue to assist ongoing programs through forwarded information received by HCD on potential applicants and/or locations, and will be based on need and availabil- ity of funding resources. Th~ A. Co County agrees to: Provide funding as specified above for consulting engi- neering not to exceed $80,000. Provide technical assistance to the Municipality to en- sure compliance with U.S. HUD and the Department of La- bor, and applicable State, Federal and County laws and ~regulations. Monitor the Municipality at any time during the term of this Agreement. Visits may be announced or unannounced as determined by HCD and will serve to ensure compliance with U.S. HUD regulations and procedures as well as to ties.verify the accuracy of reporting to HCD on program activi- Provide funding for ongoing programs including reloca- tion, rehabilitation of single and multi-family housing, land acquisition, etc. Actual funding for these programs will remain unspecified and will be based on need and the availability of funding resources. C~' of Boynrmn Beach P~ge 2'1 REQUISITIONS FOR PAYMENT UNDER THE COMMUNITY DEVELOPMENT ACT BLOCK GRART To: Housin~ and C~mm,_,nit~ Development quest for Payment ~ Date -- Project. Invoice Date of Vendor ~ ~ i Invoice ~ Descri ,tion. - Total Request. Approved by ' Title Date Report each project on separate form.