Agenda 11-30-21 City of Boynton Beach
`. Special Meeting
Date: Tuesday, November 30, 2021 Time: 4:30 PM
Place: GoToWebinar Online Meeting and City Hall Commission Chambers, 100 E.
Ocean Avenue
1. Agenda Items
A. Call to Order - Mayor Steven B. Grant
Roll Call
Invocation
Pledge of Allegiance to the Flag led by Mayor Steven B. Grant
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
B. Proposed Resolution No. 21-166 - Approve and authorize the Mayor to sign Subrecipient
Agreement between the City of Boynton Beach and Wells Landing, LLC for the use of American
Rescue Plan Act (ARPA) funds to cover the increased construction costs due to the COVID-19
pandemic.
2. Adjourn
Notice
Notice if a person decides to appeal any decision made by the city commission with
respect to any matter considered at this meeting, he/she will need a record of the
proceedings and for such purpose, he/she may need to ensure that a verbatim record
of the proceeding is made, which record includes the testimony and evidence upon
which the appeal is to be based. (F.S. 286.0105)
The city shall furnish appropriate auxiliary aids and services where necessary to
afford an individual with a disability an equal opportunity to participate in and enjoy the
benefits of a service, program, or activity conducted by the city. Please contact the City
Clerk's office, (561) 742-6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the
program or activity in order for the city to reasonably accommodate your request.
Additional agenda items may be added subsequent to the publication of the agenda on
the city's web site. Information regarding items added to the agenda after it is
published on the city's web site can be obtained from the Office of the City Clerk.
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1.B.
Agenda I tems
11/30/2021
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
REQUESTED ACTION BY COMMISSION: Proposed Resolution No. 21-166 -Approve and authorize
the Mayor to sign Subrecipient Agreement between the City of Boynton Beach and Wells Landing, LLC for
the use of American Rescue Plan Act (ARPA)funds to cover the increased construction costs due to the
COVID-19 pandemic.
EXPLANATION OF REQUEST:
On November 16, 2021, the City Commission discussed the request from Centennial Management
Corporation ("Centennial") for ARPA funding to cover short falls on the MILK Jr. Blvd. Mixed Use
Redevelopment Project.
Staff has had several subsequent meetings with Centennial and proposes to reallocate $500,000 dollars of the
ARPA funding that was initially approved to purchase vacant lots from the Palm Beach County Housing
Authority to the project.
Staff have reviewed the funding request from Centennial and the use of funds meets the ARPA objectives and
guidelines.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City will have an affordable Mixed
Use Redevelopment project on Martin Luther King Jr. Blvd.
FISCAL IMPACT: No impact to the City's budget. $500,000 will be allocated from the City's American
Rescue Plan Project.
ALTERNATIVES: Do not approve use of ARPA funds and require Centennial to seek other sources of
funding.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION APPLICATION:
Is this a grant?
Grant Amount:
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ATTACHMENTS:
Type Description
D Resolution Resolution approving Subrecipient Agreement
D Agreement Subrecipient Agreement
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I RESOLUTION R21-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE ARPA
5 SUBRECIPIENT AGREEMENT, IN A FINAL FORM ACCEPTABLE TO THE
6 CITY ATTORNEY, BETWEEN THE CITY OF BOYNTON BEACH AND
7 WELLS LANDING, LLC., IN THE AMOUNT OF $500,000.00 FOR THE USE
8 OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS TO COVER THE
9 INCREASED CONSTRUCTION COSTS DUE TO THE COVID-19
10 PANDEMIC.;AND PROVIDING AN EFFECTIVE DATE.
12 WHEREAS, November 4, 2020 the City Commission approved the North and South
13 Project Site Plan Applications of Wells Landing, LLC., for an affordable housing and commercial
14 development on Martin Luther King Blvd; and
15 WHEREAS, Wells Landing, LLC., has identified a shortfall of approximately $4.9 Million
16 due to the rise in construction costs (20-30%) and the State's reduction in rent as a result of
17 the pandemic which decreased Wells Landing's ability to secure approximately $1 Million in
18 loan for the project; and
19 WHEREAS, the project is currently in the City for building permit review and permit
20 issuance is expected very soon, therefore, if the shortfall can be filled, Wells Landing has
21 committed to delivering the project in 12 months; and
22 WHEREAS, the City Commission deems it to be in the best interest of the citizens and
23 residents to approve and authorize the Mayor to sign the ARPA Subrecipient Agreement, in a
24 final form acceptable to the City Attorney, between the City of Boynton Beach and Wells
25 Landing, LLC., in the amount of $500,000.00 for the use of American Rescue Plan Act (ARPA)
26 funds to cover the increased construction costs due to the COVID-19 pandemic.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
28 BOYNTON BEACH, FLORIDA, THAT:
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29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
30 being true and correct and are hereby made a specific part of this Resolution upon adoption
31 hereof.
32 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
33 authorize the Mayor to sign the ARPA Subrecipient Agreement between the City of Boynton
34 Beach and Wells Landing, LLC., in the amount of $500,000.00 for the use of American Rescue
35 Plan Act (ABPA) funds to cover the increased construction costs due to the COVID-19
36 pandemic., a copy of the Agreement in a final form acceptable to the City Attorney is attached
37 hereto as Exhibit "A".
38 Section 3. This Resolution will become effective immediately upon passage.
39 PASSED AND ADOPTED this 30th day of November, 2021.
40 CITY OF BOYNTON BEACH, FLORIDA
41 YES NO
42
43 Mayor— Steven B. Grant
44
45 Vice Mayor—Woodrow L. Hay
46
47 Commissioner—Justin Katz
48
49 Commissioner—Christina L. Romelus
50
51 Commissioner—Ty Penserga
52
53 VOTE
54 ATTEST:
55
56
57 Crystal Gibson, MMC
58 City Clerk
59
60 (Corporate Seal)
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ARPA SUBRECIPIENT AGREEMENT
Between
The CITY OF BOYNTON BEACH, FLORIDA
And
FOR AMERICAN RESCUE PLAN ACT ("ARPA")FUNDS TO BE USED FOR AFFORDABLE
HOUSING
THIS AGREEMENT is made between the CITY OF ,BOYNTON BEACH, FLORIDA
(hereinafter "CITY"), and , a
corporation (hereinafter"SUBRECIPIENT").
WHEREAS, on March 11, 2021, President Joseph R. Biden signed into law the American
Rescue Plan Act of 2021 (hereinafter"ARPA"); and
WHEREAS, on May 10, 2021, the United States Department of the Treasury (hereinafter
"US TREASURY") published guidance regarding the allowable usage of the Coronavirus State and
Local Fiscal Recovery Funds (hereinafter "SLFRF") to be disseminated to local governments in
accordance with the ARPA; and
WHEREAS,the SUBRECIPIENT,submitted a request to the CITY for$ in
COVID-19 relief funds to support the construction of affordable housing within the City of Boynton
Beach, Florida; and
WHEREAS, the CITY intends to allocate a portion of its funds to assist entities within the
City of Boynton Beach with the construction of affordable housing in accordance with all federal,
state, and local guidelines regarding the usage of SLFRF funds; and
WHEREAS, under ABPA, the CITY may transfer funds to a private entity for the purpose of
meeting ARPA's goals for the development of affordable housing; and
WHEREAS, in an effort to provide additional guidance regarding the eligible uses of SLFRF
funds,the US TREASURY published a document containing answers to Frequently Asked Questions
regarding Coronavirus State and Local Fiscal Recovery Funds as of July 19, 2021 (hereinafter
"FAQ"); and
WHEREAS, Section 2.11 of the FAQ states that eligible services include the development of
affordable housing; and
WHEREAS, during its City Commission meeting on the City
Commissioners (hereinafter `BOARD") approved the request from the SUBRECIPIENT subject to
all federal, state, and local guidelines regarding the usage of the funds, including any contractual
guidelines set forth by the BOARD, as well as any audit requirements established by the Florida
Auditor General's Office; and
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WHEREAS, the CITY and SUBRECIPIENT desire to enter into this Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated
herein by reference, and the terms and conditions set forth below, the parties agree as follows:
1. EFFECTIVE DATE AND TERM
This Agreement shall commence upon execution by all parties and remain in effect no later than
unless sooner terminated by the CITY in accordance with the terms herein.
2. GRAND TOTAL SLFRF FUNDS TO BE DISSEMINATED TO SUBRECIPIENT
The grand total award of ARPA funds to be disseminated by the CITY to the SUBRECIPIENT as part
of this Agreement shall not exceed $
3. LIMITATIONS REGARDING THE USE OF SLFRF FUNDS
The SUBRECIPIENT shall ensure that all expenditures utilizing SLFRF funds received in accordance
with this Agreement shall be limited to only those eligible services and expenses as outlined under the
guidelines of ARPA for the development of affordable housing and in accordance with the US
TREASURY FAQs.
4. REPORTING REQUIREMENTS TO ENSURE COMPLIANCE WITH ARPA
In order to ensure compliance with the existing ARPA guidelines set forth by the US TREASURY
while also ensuring that all expenditures within the scope of this Agreement adhere to future guidelines
that may be established bythe CJS TREASURY during the term of this Agreement, the
SUBRECIPIENT, when requesting reimbursement for eligible ARPA expenditures, shall provide to
the CITY a comprehensive and detailed list of all such expenditures on an itemized invoice, and shall
also provide any backup documentation to support such expenditures. Said invoice must include a
statement, signed by the SUBRECIPIENT, indicating that all expenditures therein comport with the
guidelines of the ARPA as set forth by the US TREASURY. Reimbursement requests shall be
submitted to the CITY no more than once per month. No reimbursement requests may be submitted
to the CITY after
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5. TIMELINE REGARDING THE DISSEMINATION OF FUNDS TO SUBRECIPIENT
Upon receipt of the SUBRECIPIENT's complete reimbursement request, the CITY shall disseminate
funds for all eligible ARPA expenditures therein within thirty (30) days of receipt of said
reimbursement request. The dissemination of SLFRF funds shall only occur after the CITY reviews
the SUBRECIPIENT's reimbursement request to ensure that all expenditures detailed therein qualify
for reimbursement in accordance with all published federal, state, and local guidance regarding the
use of SLFRF funds as specified in the ARPA. All payments from the CITY to the SUBRECIPIENT
are contingent on the availability of SLFRF funds to the CITY, and further subject to all applicable
federal, state, and local laws regarding the governance of CITY funds within the ARPA.
6. EVOLUTION OF ARPA GUIDANCE FROM THE US TREASURY
The CITY may request additional information from the SUBRECIPIENT, as needed, to meet any
additional guidelines regarding the use of the funds that may be established by the US TREASURY
during the term of this Agreement.
7. TERMINATION
The CITY may terminate this Agreement, for convenience or otherwise and for no consideration or
damages, upon prior notice to the SUBRECIPIENT.
8. INDEPENDENT CONTRACTOR
Each party under the Agreement shall be for all purposes an independent Contractor. Nothing
contained herein will be deemed to create an association,, a partnership, a joint venture, or a
relationship of principal and agent, or employer and employee between the parties. The
SUBRECIPIENT shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or
representative of the CITY for any purpose.
9. HOLD HARMLESS AND INDEMNIFICATION
The SUBRECIPIENT agrees to defend, indemnify, and hold the CITY, its officers, officials,
employees, agents, and volunteers harmless from and against any and all claims, injuries, damages,
losses or expenses,, including without limitation personal injury, bodily injury, sickness, disease, or
death, or damage to or destruction of property, which are alleged or proven to be caused in whole or
in part by an act or omission of the SUBRECIPIENT, its officers, directors, employees, and/or agents
relating to the SUBRECIPIENT's performance or failure to perform under this Agreement. This
section shall survive the expiration or termination of this Agreement.
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10. COMPLIANCE WITH LAWS AND GUIDELINES
The SUBRECIPIENT shall comply with all federal, state, and local laws and all requirements and
published guidance set forth regarding the usage of any and all monies appropriated under the ARPA.
11. MAINTENANCE AND AUDIT OF RECORDS
The SUBRECIPIENT shall maintain records, books, documents, and other materials relevant to its
performance under this Agreement. These records shall be subject to inspection, review, and audit by
the CITY or its designees, and the US TREASURY for seven (7) years following termination of this
Agreement. If it is determined during the course of the audit that the SUBRECIPIENT was reimbursed
for unallowable costs under this Agreement or any,the SUBRECIPIENT agrees to promptly reimburse
the CITY for such payments upon request.
12. NOTICES
Any notices desired or required to be given hereunder shall be in writing,and shall be deemed received
three (3) days after deposit with the US Postal Service (postage fully prepaid, certified mail, return
receipt requested), and addressed to the party to which it is intended at its!last known address, or to
such person or address as either party shall designate to the other from time to time in writing
forwarded in like manner:
SUBRECIPIENT
CITY
Lori LaVerriere, City Manager
City of Boynton Beach
100 East Ocean Ave,
Boynton Beach,Florida 33435
Telephone No,. (561) 742-6000
With a Copy To:
James A. Cherof, City Attorney
Goren, Cherof, Doody&Ezrol,P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
13. IMPROPER INFLUENCE
Each party warrants that it did not and will not employ, retain, or contract with any person or entity
on a contingent compensation basis for the purpose of seeking, obtaining, maintaining, or extending
this Agreement. Each party agrees, warrants, and represents that no gratuity whatsoever has been or
will be offered or conferred with a view towards obtaining, maintaining, or extending this Agreement.
14. CONFLICT OF INTEREST
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The elected and appointed officials and employees of the parties shall not have any personal interest,
direct or indirect, which gives rise to a conflict of interest.
15. PUBLIC RECORDS
The CITY is a public agency subject to Chapter 119, Florida Statutes. SUBRECIPIENT shall comply
with Florida's Public Records Law. Specifically, SUBRECIPIENT shall:
A. Keep and maintain public records required by the CITY;
B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time
at a coast that does not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration
of the contract term and, following completion of the Agreement, SUBRECIPIENT shall
destroy all copies of such confidential and exempt records remaining in its possession after
SUBRECIPIENT transfers the records in its possession to the CITY; and
D. Upon completion of the Agreement, SUBRECIPIENT shall transfer to the CITY, at no cost to
the CITY, all public records in SUBRECIPIENT's, possession. All records stored
electronically by SUBRECIPIENT must be provided to the CITY, upon request from the
CITY's custodian or public records, in a format that is compatible with the information
technology systems of the CITY.
The failure of SUBRECIPIENT to comply with the provisions set forth in the Agreement shall
constitute a Default and Breach of the Agreement, for i which, the CITY may terminate the
Agreement.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CRYSTAL GIBSON, CITY CLERK
PO BOX 310, BOYNTON BEACH, FLORIDA, 33425
561-742-6061
GIBSONC@BBFL.US
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16. TIME
Time is of the essence in this Agreement.
17. SURVIVAL
The provisions of this Agreement that by their sense and purpose should survive expiration or
termination of the Agreement shall so survive. Those provisions include without limitation
Indemnification and Maintenance and Audit of Records.
18. AMENDMENT
No amendment or modification to the Agreement shall be effective without prior written consent of
the authorized representatives of the parties.
19. GOVERNING LAW, VENUE
The Agreement shall be governed in all respects by the laws of the State of Florida, both as to
interpretation and performance, without regard to conflicts of law or choice of law provisions. Any
action arising out of or in conjunction with the Agreement may be instituted and maintained only in a
court of competent jurisdiction in Palm Beach County, Florida.
20. NON-WAIVER
No failure on the part of the CITY to exercise, and no delay in exercising, any right hereunder shall
operate as a waiver thereof,nor shall any single or partial exercise by the CITY of any right hereunder
preclude any other or further exercise thereof or the exercise of any other right. The remedies herein
provided are cumulative and not exclusive of any remedy available to the CITY at law or in equity.
21. BINDING EFFECT
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective
successors.
22. ASSIGNMENT
The SUBRECIPIENT shall not assign or transfer any of its interests in or obligations under this
Agreement without the prior written consent of the CITY.
23. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the CITY and the SUBRECIPIENT for the
use of funds received under this Agreement and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written between the parties with respect
to this Agreement.
24. NO THIRD-PARTY BENEFICIARIES
Nothing herein shall or be deemed to create or confer any right, action, or benefit in, to, or on the part
of any person or entity that is not a party to this Agreement. This provision
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shall not limit any obligation which either parry has to the US TREASURY in connection with the use
of ARPA funds, including the obligations to provide access to records and cooperate with audits as
provided in this Agreement.
25. CIVIL RIGHTS COMPLIANCE
SubRecipients of Federal financial assistance from the US TREASURY are required to meet legal
requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those
requirements include ensuring that entities receiving Federal financial assistance from the US
TREASURY do not deny benefits or services, or otherwise discriminate on the basis of race, color,
national origin (including limited English proficiency), disability, age, or sex (including sexual
orientation and gender identity), in accordance with the following authorities: Title VI of the Civil
Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's
implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section
504),Public Law 93-112, as amended by Public Law 93-516,29 U.S.C.794; Title IX of the Education
Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing
regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et
seq., and the Department implementing regulations at 31 CFR part 23.
26. SEVERABILITY
In the event that one or more provisions of this Agreement shall be determined to be invalid by any
court of competent jurisdiction or agency having jurisdiction thereof, the remainder of the Agreement
shall remain in full force and effect and the invalid provisions shall be deemed deleted.
27. COUNTERPARTS
This Agreement may be executed in on or more counterparts,any of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
28. AUTHORIZATION
Each party'signing below warrants to the other party, that they have the full power and authority to
execute this Agreement on behalf of the party for whom they sign.
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IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the
last date signed below:
Dated this day of , 2021.
SUBRECIPIENT CITY OF BOYNTON BEACH
Print Name Steven B. Grant,Mayor
Signature Date
APPROVED AS TO FORM:
Office of the City Attorney
ATTEST:
Crystal Gibson, City Clerk
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