R22-108 1 RESOLUTION R22-108
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE
5 SUBRECIPIENT AGREEMENT SIX-MONTH EXTENSION WITH
6 BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT
7 CORPORATION, INC., FOR THE COMMUNITY DEVELOPMENT
8 BLOCK GRANT - CORONA VIRUS CARES ACT ALLOCATIONS 1 &
9 3 EMERGENCY RENTAL ASSISTANCE PROGRAM AND
10 EXPANDING THE SCOPE OF SERVICE TO INCLUDE UTILITY
11 ASSISTANCE; AND PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS, the City of Boynton Beach was allocated funds by the U.S. Department of
14 Housing and Urban Development in a combined total of $911,184.00 through the Community
15 Development Block Grant-Corona Virus (CDBG-CV) Cares Act, allocations 1 & 3; and
16 WHEREAS, the Boynton Beach Faith-Based Community Development Corporation, Inc.
17 (CDC) received $370,645.00 for Emergency Rental Assistance to benefit Low-to-moderate
18 income (LMI) individuals affected by COVID; and
19 WHEREAS, CDC has requested a six-month extension to the subrecipient agreement
20 expiring on August 31, 2022, to be able to finish using the remaining funds totaling $
21 254,538.75 and continue to assist those LMI individuals affected by COVID; and
22 WHEREAS, the CDC is also requesting to expand the level of service to include utility
23 assistance; and
24 WHEREAS, City Staff is recommending to approve and authorize the Mayor to sign the
25 Subrecipient Agreement six-month extension with Boynton Beach Faith-Based Community
26 Development Corporation, Inc., for the Community Development Block Grant - Corona Virus
27 Cares Act Allocations 1 & 3 Emergency Rental Assistance Program and expanding the scope of
28 service to include utility assistance.
S:\CA\RESO\Agreements\Grants\CDBG-SubRecipient Agreements CARES ACT Extension -Rcso.docx
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
30 BOYNTON BEACH, FLORIDA, THAT:
31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
32 being true and correct and are hereby made a specific part of this Resolution upon adoption
33 hereof.
34 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
35 approve and authorize the Mayor to sign the Subrecipient Agreement six-month extension
36 with Boynton Beach Faith-Based Community Development Corporation, Inc., for the
37 Community Development Block Grant - Corona Virus Cares Act Allocations 1 & 3 Emergency
38 Rental Assistance Program and expanding the scope of service to include utility assistance. A
39 copy of the Extension is attached hereto and incorporated herein as Exhibit "A".
40 Section 3. This Resolution will become effective immediately upon passage.
41 PASSED AND ADOPTED this day of August, 2022.
42 CITY OF BOYNTON BEACH, FLORIDA
43
44 YES NO
45
46 Mayor-Ty Penserga
47
48 Vice Mayor-Angela Cruz
49
50 Commissioner-Woodrow L. Hay
51
52 Commissioner-Thomas Turkin
53
54 Commissioner-Aimee Kelley
55
56 VOTE
57
58
S:\CA\RESOWgreements\Grants\CDBG-SubRecipient Agreements CARES ACT Extension -Reso.docx
2
59 ATTEST:
60
61
62 '
63 ii - \ - /41` _�
64 Maylee D: - s, MPA, C T ' •'rte
65 City Cler Mayor 1r
66 _
67 %OJ•ORATE•'•.C,s•'‘t
S :'Q It
68 f4. :os 1,,, .e.
i
69 ; ��U �PscAPP: �� •S % FO'
• ,.: $ TQC' p
70 (Corporate ;-4,:,.��,cA,�0)2 .; / l
• Q,
71 11 ���������.0�.,i
72 �t%. FW - Michael D. Cirullo, Jr.
73 City Attorney
74
S:\CA\RESO\Agreements\Grants\CDBG-SubRecipient Agreements CARES ACT Extension -Reso.docx
3
Exhibit "A"
COMMUNITY DEVELOPMENT BLOCK GRANT- CORONA VIRUS CARES ACT
AGREEMENT EXTENSION between CITY OF BOYNTON BEACH
and
BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT CORPORATION, INC.
THIS AGREEMENT EXTENSION entered into this `(Q day of
a , 2Q is between the CITY OF BOYNTON BEACH, a Florida municipal
corporation, hereinafter referred to as "CITY," and BOYNTON BEACH FAITH-BASED
COMMUNITY DEVELOPMENT CORPORATION, INC. hereinafter referred to as "the
SUBRECIPIENT," having its principal office at 2191 North Seacrest Boulevard, Boynton Beach,
Florida 33435 and its Federal Tax Identification Number as 65-0971509.
WITNESSETH:
WHEREAS, the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block (CDBG) Program in the City, for allocations 1 & 3 of the Corona
Virus CARES Act Funds, pursuant to Title I of the Housing and Community Development Act of
1974 (as amended); and
WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an
activity of the Boynton Beach CDBG Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
1. Definitions
1.1 "CDBG" means Community Development Block Grant program.
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3 "OMB" means the Federal Office of Management and Budget.
1.4 "CFR" means the Code of Federal Regulations.
1.5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants
and Agreements
1.6 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Department of HUD.
1.7 "24 CFR Part 570" refers to the Section of the Code of Federal Regulations pertaining to
the U. S. Department of HUD.
1.8 "Program Income" means gross income received directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.9 "Low- and Moderate-Income" means a household whose income is within specified
income limits set forth by HUD.
1.10 Property:
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. "Personal Property" means personal property of any kind except real property.
c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property
of a non-consumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
2. Purpose
The purpose of this Agreement is to state the covenants and conditions under which the
SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement.
ARTICLE II
FUNDING AND BUDGET
The maximum amount payable by the CITY under this Agreement Extension will be Two Hundred
and Fifty-Fourth Thousand Five Hundred and Thirty-Eight Dollars and 75/100 ($254,538.75). The
SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services."
ARTICLE III
FUNDING AND METHOD OF PAYMENT
3.1 The maximum amount payable by the CITY under this Agreement Extension will be Two
Hundred and Fifty-Fourth Thousand Five Hundred and Thirty-Eight Dollars and 75/100
($254,538.75). It is expressly understood and agreed by the Parties that the funds
contemplated by this Agreement Extension originated from the federal Community
Development Block Program -Allocations 1 & 3 of the Corona Virus CARES Act as stated
on approved resolution R21-109.
3.2 The CITY will be invoiced by the SUBRECIPIENT for eligible expenses on a
reimbursement basis, and will disburse payments at least once per quarter or unless there
is a mutual agreement otherwise. Bills shall be submitted by the SUBRECIPIENT at least
two weeks in advance and will be paid provided appropriate documentation and status
and beneficiary reports are attached to the invoice.
3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete
reports and records required by this Agreement.
3.3 Prior to receipt of Community Development Block Program - allocations 1 & 3 of the
Corona Virus CARES Act. Funds (through reimbursement), SUBRECIPIENT shall submit
the following documentation:
a. Quarterly Progress Report.
b. All back up original documentation relating to the expenditures being involved.
3.4 Release of funds is subject to the approval of the Director of Financial Services and
Community Improvement Manager.
ARTICLE IV
TERM OF AGREEMENT EXTENSION
The term of this Agreement Extension shall be from August 31, 2022 to February 28, 2023.
ARTICLE V
SUSPENSION AND TERMINATION
5.1 Termination/Suspension of Payments/Agreement 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 in part by giving written notice of such termination or
suspension of payments and specify the effective date of termination or suspension.
If payments are withheld, the CITY shall specify in writing the actions that must be taken
by the SUBRECIPIENT as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of payments
shall include, but not be limited to:
a. ineffective or improper use of CDBG funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
5.2 Termination for Convenience of City: The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days' notice in writing to the
SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the
SUBRECIPIENT will be paid for allowable services performed under Article II of this
Agreement until the effective date of the termination.
5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this
Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the CITY. Upon termination, the
SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through
and including the date of termination.
ARTICLE VI
RECORDS AND REPORTS
6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities
funded by this Agreement for a period of five years after the termination of the Agreement.
6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later
be determined necessary to assure compliance with this Agreement.
ARTICLE VII
PROGRAM INCOME
The SUBRECIPIENT agrees to expend Community Development Block Program - allocations 1
& 3 of the Corona Virus CARES Act. funds for the purpose outlined in Article I of this Agreement.
It is not anticipated that program income shall be generated from this allocation. However, such
income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in
addition to the approved costs of this agreement, provided that such costs specifically further the
objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program
income to pay for charges or expenses that are specifically not allowed pursuant to the terms of
this agreement and applicable federal regulations or rules. The use of program income by the
SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504.
ARTICLE VIII
PUBLICITY
The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDBG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT
shall comply with requirements established by the Federal Office of Management
and Budget (OMB) concerning the Dun and Bradstreet Data Universal
Numbering System (DUNS) and System for Award Management (SAM)
database, as set forth on 2 CFR Part 2,. and the Federal Accountability and
Transparency Act. As set forth at 2 CFR Part 170.
9.2 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall
comply with applicable provisions of applicable federal, state, County, and CITY laws,
regulations and rules, including OMB A-122, OMB A-21, OMB A-133.
The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color,
or national origin; the Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended,
and Executive Order 11063 which prohibits discrimination in housing on the basis of race,
color, religion, sex, or national origin; Executive Order 11246, as amended which requires
equal employment opportunity; and with the Energy Policy, amended and Conservation
Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy
efficiency.
The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act
whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable
requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not
limited to, those provisions pertaining to employment, program services, transportation,
communications, access to facilities, renovations, and new construction.
9.3 Other Program Requirements: The SUBRECIPIENT shall comply with all federal laws and
regulations pertaining to environmental standards described in 24 CFR Subpart K, except
that:
a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities
described at 570.604, and
b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR part 52.
9.4 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees
that no person shall on the grounds 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. 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.
9.5 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation and/or renewal 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 activity scheduling, budgets, audit reports,
and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY
and make copies of transcriptions of such records and information as is determined
necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY
and at other times upon request, information and status reports required by the CITY to
enable the evaluation of said progress and to allow for completion of reports required of
the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency
on site. Such site visits may be scheduled or unscheduled as determined by the CITY or
HUD.
9.6 Audits: Nonprofit organizations that expend $750,000 or more annually in federal awards
shall have a single or program specific audit conducted accordance with OMB A-133.
Nonprofit organizations that expend less than $750,000 annually in federal awards shall
be exempt from an audit conducted in accordance with OMB A-133, although their records
must be available for review. These agencies are required by the CITY to submit"reduced
scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time
period of not more than 12 months and an audit shall be submitted covering each assisted
period until all the assistance received from this agreement has been reported on. A copy
of the audit report must be received by the CITY no later than six months following each
audit period.
The SUBRECIPIENT shall maintain all records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement.
9.7 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the CITY under this
Agreement. The SUBRECIPIENT is required to comply with the following uniform
administrative requirements:
a. Specific provisions of the uniform administrative requirements of OMB Circular A-110,
as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations."
b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable
and unallowable costs appears in Attachment B).
c. Applicable provisions of 24 CFR 570.502.
9.8 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds
have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal Agreement, the making of any federal grant,
the making of any federal loan, the entering into of any cooperative Agreement, and the
extension, continuation, renewal, amendment, or modification of any federal Agreement,
grant, loan, or cooperative Agreement.
The SUBRECIPIENT shall disclose to the CITY if any funds other than federal
appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection
with this federal Agreement.
9.9 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. Information on
Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the
following, referred to as the Section 3 Clause, in every solicitation and every contract for
every Section 3 covered project:
Section 3 Clause
a. The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
1701 (Section 3). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD-assisted projects
covered by Section 3, shall to the greatest extent feasible, be directed to low-and very
low-income persons, particularly persons who are recipients of HUD assistance for
housing.
b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
agreement, the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
c. The SUBRECIPIENT agrees to send to each labor organization or representative of
workers with which the SUBRECIPIENT has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the SUBRECIPIENT's commitment under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each, and the name and location of the person(s)taking applications
for each of the positions, and the anticipated date the work shall begin.
d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in this
Section 3 clause, upon a finding that the subcontractor is in violation of the regulations
in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor
where the SUBRECIPIENT has notice or knowledge that the subcontractor has been
found in violation of the regulations in 24 CFR Part 135.
e. The SUBRECIPIENT will certify that any vacant employment positions, including
training positions, that are filled (1) after the SUBRECIPIENT is selected but before
the contract is executed and (2)with persons other than those to whom the regulations
of 24 CFR Part 135 require employment opportunities to be directed, were not filled to
circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135.
f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
9.10 Insurance: The SUBRECIPIENT shall furnish to the CITY, do the Community
Improvement Department, certificate(s) of insurance evidencing coverage that meets the
requirements outlined in Attachment C.
9.11 Property: Any real property under the SUBRECIPIENT's control that was acquired or
improved in whole or in part with CDBG funds received from the CITY in excess of$25,000
shall be either:
a. Used to meet one of the three CDBG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY; or
b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall
pay to the CITY an amount equal to the market value of the property as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real property under the SUBRECIPIENT's control that was acquired or improved in
whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of,
at the expiration or termination of this contract, in accordance with instructions from the
CITY.
All real property purchased in whole or in part with funds from this and previous
agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in
whole or in part with funds from the CITY, shall be listed in the property records of the
SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition, address or location, owner's
name if different from the SUBRECIPIENT, information on the transfer or disposition of
the property, and map. The property records shall describe the programmatic purpose for
which the property was acquired and identify the CDBG national objective that will be met.
If the property was improved, the records shall describe the programmatic purpose for
which the improvements were made and identify the CDBG national objective that will be
met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
SUBRECIPIENT and shall include a description of the property, location, model number,
manufacturer's serial number, date of acquisition, funding source, unit cost at the time of
acquisition, present market value, property inventory number, information on its condition,
and information on transfer, replacement, or disposition of the property.
The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition
of real property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the
terms of this agreement. The SUBRECIPIENT shall dispose of all such property in
accordance with instructions from the CITY. Those instructions may require the return of
all such property to the CITY.
9.12 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or
termination of this Agreement, all the assets owned or held as a result of this Agreement,
including, but not limited to any funds on hand, any accounts receivable attributable to
these funds, mortgages, notes, and other collateral and any overpayments due to
unearned funds or costs disallowed pursuant to the terms of this Agreement that were
disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days
of expiration or termination of this Agreement execute any and all documents as required
by the CITY to effectuate the reversion of assets. Any funds not earned, as described and
provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination
of this Agreement shall be retained by the CITY.
9.13 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
9.14 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid
only when in writing and signed by duly authorized representatives of each party. The
parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute
discretion, that federal, State and/or CITY revisions of any applicable laws or regulations,
or increases or decreases in budget allocations make changes in this agreement
necessary.
9.15 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY
in its sole and absolute discretion, waive provisions in this agreement or seek to obtain
such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT
shall be in writing. Any waiver shall not be construed to be a modification of this
agreement.
9.16 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the
CITY, the CITY shall refer the questions, including the views of all interested parties and
the recommendation of the CITY, to the City Manager for determination. The City
Manager, or an authorized representative, will issue a determination within 30 calendar
days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional
time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that
additional time is necessary. The SUBRECIPIENT agrees that the City Manager's
determination shall be final and binding on all parties.
9.17 Indemnification:
SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's
option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers,
agents, servants, and employees from and against any and all causes of action, demands, claims,
losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and
expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or
omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting
from, or related to the subject matter of this Agreement, including, without limitation, any and all
claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever
resulting from injuries or damages sustained by any person or property. In the event any lawsuit
or other proceeding is brought against CITY by reason of any such claim, cause of action, or
demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or
proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by
the City Attorney to defend CITY. The obligations of this section shall survive the expiration or
earlier termination of this Agreement. To the extent considered necessary by CITY, any sums
due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims
for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any
amount withheld shall not be subject to payment of interest by CITY.
If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its
subcontractors to agree to the requirements and obligations of this Section 9.15.
9.18 Public Records:
SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119,
Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to:
a) Keep and maintain public records required by the CITY to perform the
service.
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 cost 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 record disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and, following completion of the Agreement
if the SUBRECIPIENT does not transfer the records to the CITY.
d) Upon completion of the contract, transfer, at no cost, to the CITY all public records
in possession of the SUBRECIPIENT or keep and maintain public records required
by the CITY to perform the service. If the SUBRECIPIENT transfers all public
records to the CITY upon completion of the contract, SUBRECIPIENT shall destroy
any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements.
e) If the SUBRECIPIENT keeps and maintains public records upon completion of the
contract, the SUBRECIPIENT shall meet all applicable requirements for retaining
public records. All records stored electronically by the SUBRECIPIENT must be
provided to the CITY, upon request from the CITY's custodian of public records, in
a format that is compatible with the information technology systems of the CITY.
The failure of the SUBRECIPIENT to comply with the provisions set forth in the Agreement
shall constitute a Default and Breach of the Agreement, for which, the CITY may
terminate the Agreement.
IF THE 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:
CITY CLERK
PO BOX 310
BOYNTON BEACH, FLORIDA, 33425
561-742-6061
CITYCLERK c(DBBFL.US
9.19 Scrutinized Companies:
By execution of this Addendum,the SUBRECIPIENT certifies that it is not participating in a boycott
of Israel. The SUBRECIPIENT further certifies that it is not on the Scrutinized Companies that
Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, nor has the
SUBRECIPIENT been engaged in business operations in Syria. Subject to limited exceptions
provided in state law, the CITY will not contract for the provision of goods or services with any
scrutinized company referred to above. Failure to comply shall be deemed a material breach of
contract. The CITY shall provide notice, in writing, to SUBRECIPIENT of the CITY's determination
of failure to comply. The SUBRECIPIENT shall have five (5) days from receipt of notice to refute
such allegation. If such false certification is discovered during the active contract term, the
SUBRECIPIENT shall have ninety (90) days following receipt of the notice to respond. If the
SUBRECIPIENT does not demonstrate that the CITY's determination of false certification was
made in error then the CITY shall have the right to terminate the contract and seek civil remedies
pursuant to Section 287.135, Florida Statutes, as amended from time to time.
9.20 E-Verify:
The SUBRECIPIENT certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statues, as may be amended from time to time and briefly described herein
below.
a. Definitions for this Section.
i. "Contractor" means a person or entity that has entered or is attempting to
enter into a contract with a public employer to provide labor, supplies, or services
to such employer in exchange for salary, wages, or other remuneration.
"Contractor" includes, but is not limited to, a vendor or consultant.
ii. "Subcontractor" means a person or entity that provides labor, supplies, or
services to or for a contractor or another subcontractor in exchange for salary,
wages, or other remuneration.
iii. "E-Verify system" means an Internet-based system operated by the United
States Department of Homeland Security that allows participating employers to
electronically verify the employment eligibility of newly hired employees.
b. Registration Requirement; Termination.
Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors,
shall register with and use the E-verify system in order to verify the work authorization
status of all newly hired employees. Contractor shall register for and utilize the U.S.
Department of Homeland Security's E-Verify System to verify the employment eligibility
of:
i. All persons employed by a Contractor to perform employment duties during
the term of the contract;
ii. All persons (including subvendors / subconsultants/ subcontractors)
assigned by Contractor to perform work pursuant to the contract with the City of
Boynton Beach. The Contractor acknowledges and agrees that registration and
use of the U.S. Department of Homeland Security's E-Verify System during the
term of the contract is a condition of the contract with the City of Boynton Beach;
and
iii. The Contractor shall comply with the provisions of Section 448.095, Fla.
Stat., "Employment Eligibility," as amended from time to time. This includes, but is
not limited to registration and utilization of the E-Verify System to verify the work
authorization status of all newly hired employees. Contractor shall also require all
subcontractors to provide an affidavit attesting that the subcontractor does not
employ, contract with, or subcontract with, an unauthorized alien. The Contractor
shall maintain a copy of such affidavit for the duration of the contract. Failure to
comply will lead to termination of this Contract, or if a subcontractor knowingly
violates the statute, the subcontract must be terminated immediately. Any
challenge to termination under this provision must be filed in the Circuit Court no
later than twenty (20) calendar days after the date of termination. Termination of
this Contract under this Section is not a breach of contract and may not be
considered as such. If this contract is terminated for a violation of the statute by
the Contractor, the Contractor may not be awarded a public contract for a period
of one (1) year after the date of termination.
9.21 Inspector General:
SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the
authority to investigate and audit matters relating to the negotiation and performance of
this Agreement, and may demand and obtain records and testimony from
SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other
remedies and consequences provided by law, the failure of SUBRECIPIENT to fully
cooperate with the Inspector General when requested may be deemed by the CITY to be
a material breach of this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this ' ,katv
day of(i ,r-c,., , 20a.
WITNESSES:
By:
Print( /l- tinf'� �..-
7,
CAP c � `'P 'tI-
Prin
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this\Lo day of Cj,.., ��� , 20aa,
by y
Personally Known X OR Produced Identification _Type of Identification Produced
Seal NOTARY PUBLIC /
Si natur-
iamn'r L. Stanzione
Print
A EST: CITY OF BOYNTON BEAC 'LORIDA
►.: ��• '' By:
City Cler —Late•
ear rall1111'
p. .o_'. t f •
City Attorney
NSON . x.
ik Q�RATE•'•.
S Q0
��'"�•% NGp Oj2Q • I
%% '••...... �O
%%. Ft��=
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this
day ofaAf4c-- _, 201,
WITNESSES:
By: t _ — —
Print( 1r1I1 CAwl
j
Q4 P atm r,
Print A
STATE OF FLORIDA Title '. ecL.(/, e tOkPe,,e
COUNTY OF PALM BEACH Boynton Beach Community Development Corp.,Inc.
The foregoing instrument was acknowledged before me this ita day of. 20�
by _ •
Personally Known OR Produced Identification_Type of Identification Produced
Seal NOTARY PUBLIC
Vnalto l.. Stanzione
Print
..y
A - EST: J CITY OF BOYNTON BEAC 'LORIDA
CityCler
-
K(//
City Attorney
'?O ;
QP
1`1.0
Attachment A
Scope of Work-Revised
Tenants residing within the city limits of Boynton Beach may apply for up to 3 months of rental and
utilities assistance if they have been affected, directly or indirectly, by COVID-19, are determined to be
80% of Area Median Income (AMI), and are at-risk of being homeless.
Rental and utilities assistance will be paid directly to the landlord, or utility company and will be applied
towards arrears first, and then towards any future rental or utility payments, if it is determined that the
extra months are needed to ensure housing stability, and if funds are available.
Priority will be given to applicants that are 50%or below of Area Median Income, unemployed for 90
days or more,and have received either a past due notice or an eviction notice.
This oroiect is designed for
• Renters whose ability to pay their rent, or utilities has been negatively impacted by COVID-19.
For example, by job loss or loss of income incurred as a result of the COVID-19 pandemic.
• Renter households that receive a monthly federal subsidy (e.g., a Housing Choice Voucher,
Public Housing, or Project-Based Rental Assistance)may receive assistance for the tenant-
owed portion of rent or utilities that is not subsidized.
• At least 70%of the City's CDBG-CV funds must directly benefit our low and moderate-income
citizens, or those that are 80%of Area Median Income (see table attached) priority will be
given to those that are 50%
• Affected, directly or indirectly, by COVID-19, and
• At-risk of being homeless due to COVID-19.
PALM BEACH COUNTY INCOME GUIDELINES
Palm Beach County Median Income = $90,300
2022INCOME LIMITS
1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons
Extremely Low-
lncome30% $19,350 $22,100 $24,850 $27,750 $32,470 $37,190 $41,910 $46,630
Median
Very Low-Income $32,200 $36,800 $41,400 $46000' '$49 700 $53,400 $57,050
50%Median $60,750
Low-Income $51,550 $58,900 $66,250 $73,600 $79,500 $85,400 $91,300 $97,200
80%Median
Moderate
Income $77,280 $88,320 $99,360 $110,400 $119,280 $128,160 $136,920 $145,800
120%Median
Source: HUD Income Limits(subject to change annually)
Fiscal Year 2022
Palm Beach County Median Income=$90,300
HUD Released: 4/18/2022
FHFC Posted: 4/27/2021
Effective: 4/18/2021