Loading...
R23-152 1 RESOLUTION NO. R23-152 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A SPONSOR 6 AGREEMENT WITH VITA NOVA, INC. FOR THE SHIP RAPID RE- 7 HOUSING PROGRAM;AND PROVIDING AN EFFECTIVE DATE. 8 9 10 WHEREAS, The City of Boynton Beach requested proposals through an Request for 11 Proposal (RFP) process from local nonprofit service providers to operate as the Sponsor 12 organization for the City's SHIP Rapid Re-Housing Program (SHIP-RRH Program); and • 13 WHEREAS, The SHIP-RRH Program is funded by the SHIP Program, which provides 14 funds to local government to provide access to affordable housing for eligible community 15 residents; and 16 WHEREAS, Vita Nova, Inc. will provide safe and supporting housing, education, 17 employment and other supportive services to vulnerable youth ages 18-24 who are unhoused 18 or at risk of homelessness in Boynton Beach; and 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 20 recommendation of staff, deems it to be in the best interests of the City residents to approve 21 and authorize the Mayor to sign a Sponsor agreement with Vita Nova,Inc.for the SHIP Rapid 22 Re-housing Program. 23 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: • 25 Section •1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission hereby approves and authorizes the Mayor to 29 sign a Sponsor agreement with Vita Nova, Inc. for the SHIP Rapid Re-housing Program. A 30 copy of the Sponsor Agreement is attached hereto and incorporated herein by reference as 31 Exhibit "A." 32 Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO\Agreements\Sponsorship Agreement with Vita Nova(SHIP)-Reso.docx 33 PASSED AND ADOPTED this 17th day of October, 2023. 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 YES NO 37 38 Mayor—Ty Penserga 39 40 • Vice Mayor—Thomas Turkin 41 V 42 Commissioner—Angela Cruz 43 44 Commissioner—Woodrow L. Hay 45 46 Commissioner—Aimee Kelley 47 48 VOTE 5--0 49 50 A • 51. ‘1 52 ,I 1_./ dtilV „sr -- - , 53 Mayle- D esus, MPA, MMC Ty Pe a 54 City C er May./ 55 56 =N.1ON e �%% APPROVED AS TO FORM: 57 (Corporate Seal) ,..---(5-k• ......... ....k--.1,`Ii Q (tATE • 58 ;o Q` ��Jl. .. TYL 59 ; >,. 0 10.1 $ 60 to 0S•.\�� CP. ; David N. Tolces 61 I, •.� 1 •:Q Interim City Attorney S:\CA\RESO\Agreements\Sponsorship Agreement with Vita Nova(SHIP)-Reso.docx TY 0, a t I' cv HrON CITY OF BOYNTON BEACH STATE HOUSING INITIATIVES PARTNERSHIP(SHIP)PROGRAM RAPID RE-HOUSING PROGRAM SPONSOR AGREEMENT FOR SERVICES THIS AGREEMENT is made on this day of 0 Ce\-6Dec I71V3between the City of Boynton Beach,a municipal corporation of the State of Florida,whose address is 100 E. Ocean Avenue,Boynton Beach,Fl 33435, (hereinafter referred to as"City")and Vita Nova,Inc.,a private non-profit corporation under the laws of Florida, whose corporate headquarters mailing address is 2724 N.Australian Avenue,West Palm Beach,FL 33407, (hereinafter referred to as"Sponsor"). WHEREAS,the City is the recipient of State Housing Initiatives Partnership(SHIP)funds from the State of Florida through the Florida Housing Finance Corporation; and WHEREAS,Rapid Re-Housing subsidy is a housing intervention program that connects families and individuals experiencing homelessness to permanent housing through tailored assistance that may include rental assistance,security deposit and/or utility deposits. WHEREAS,Rapid Re-housing subsidy is an eligible activity under SHIP regulations and the City desires to use SHIP funding for Rapid Re-Housing subsidy to serve individuals,including youth and families meeting the State of Florida definition of homeless or fleeing domestic violence; and WHEREAS,the City is entering into a Sponsor agreement with Vita Nova,Inc.,as the agency to manage the City's-SHIP,Rapid Re-Housing Program for the time period described on SECTION 4 of this agreement; and WHEREAS,the Sponsor is a non-profit organization who was selected by the City,and is qualified to perform the various described SHIP Rapid Re-Housing administrative and implementation activities needed for a successful program; and WHEREAS,based upon this agreement the Sponsor,is to perform the services consistent with the terms, conditions and requirements of this agreement,attached hereto and made a binding part hereof, and as further described herein. NOW,THEREFORE in consideration of the mutual covenants and obligations therein contained, including the attachments,and subject to the terms hereinafter stated,the Parties hereto understand and agree as follows: SECTION 1-RECITALS. The above recitals are true and correct and specifically incorporated herein,forming a material part of the Agreement. SECTION 2-DEFINITIONS. a) "Administrator"means the SHIP Program Administrator of the City,which shall act on behalf of the City in the funding and programmatic control of this Agreement. b) "Approval by the City" or like term means written approval by the SHIP Administrator,Financial Services Director, City Manager or the City Council as may be required from time to time. c) "Area Median Income(AMI)"is the household income for the median or middle household in the region which is the Palm Beach County statistical area shall mean Program participants must be at or below 50 percent of AMI to be eligible for participation in Rapid Re-Housing activities. d) "Parties" shall mean both the City and the Sponsor. e) "Program" is hereby defined as the SHIP Rapid Re-Housing Strategy and as adopted in the City's 2021-2024 SHIP Local Housing Assistance Plan. f) "Program Participant"means an individual or family with or without children that is eligible to receive SHIP Rapid Re-Housing assistance. g) "Sponsor" shall mean Vita Nova,Inc.,with whom this Agreement is entered,and a contract is executed. h) "Calendar days" -All references to days in this Agreement shall mean calendar days. i) "Homeless"is defined by420.621 5 Florida Statutes,as meaningan individual who lacks a ( )> fixed,regular, and adequate nighttime residence and includes an individual who: 1. Is sharing the housing of other persons due to loss of housing,economic hardship,or a similar reason; 2. Is living in a motel,hotel,travel trailer park,or camping ground due to a lack of alternative adequate accommodations; 3. Is living in an emergency or transitional shelter; 4. Has a primary nighttime residence that is a public or private place not designed for, or ordinarily used as,a regular sleeping accommodation for human beings; 5. Is living in a car,park,public space,abandoned building,bus or train station,or similar setting; or 6. Is a migratory individual who qualifies as homeless because he or she is living in circumstances described above. SECTION 3 -SCOPE OF SERVICES. The Cityengages the services of the Sponsor to undertake the eligible activities outlined in this Agreement and the Attachments hereto(Attachment A-Project Description and Sponsor Responsibilities). SECTION 4-TERM OF AGREEMENT. This Agreement shall commence upon execution of this agreement and end no later than June 30,2024,or until all awarded funds have been expended. SECTION 5-BUDGET. • The SHIP Rapid Re-Housing funds shall be used solely for the stated purposes set forth in this Agreement and Attachment B-Project Budget.Project costs shall be paid in accordance with the budget allocations outlined in Attachment B.All costs incurred must be fully documented.In addition,the City may require additional detailed budget breakdown.The Sponsor shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the City.Any amendments to the budget must be approved in writing by both parties and be in accordance with the City's Agreement. If the SHIP funds are not expended in accordance with the terms,conditions and time period set forth in this Agreement,or the total amount of SHIP funds exceeds the eligible costs of the activity,the amounts improperly expended will not be eligible for reimbursement. SECTION 6-PAYMENT. It is expressly agreed and understood that the total amount to be paid by the City under this Agreement shall not exceed$200,000.00. Request for reimbursements shall be summitted to SHIP Administrator with all expenditures,supported by contracts,invoices,vouchers and other data as appropriate,including any reports required by the City, evidencing costs incurred. Reimbursement of eligible expenses shall be made against the line item budgets specified in Attachment B.herein and in accordance with performance using the Request for Payment form provided as Attachment C.Expenses for general administration(if applicable)shall also be paid against the line item budgets specified in Attachment B and in accordance with performance. Payments may be contingent upon verification of eligible expenses and/or certification of the Sponsor's financial management system in accordance with the standards specified in Florida Statute 215.97,Florida Single Audit Act. SECTION 7-NOTICES. Notices required by this Agreement shall be in writing and delivered via mail(postage prepaid),e-mail, commercial courier,or personal delivery,or other electronic means.Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending.All notices and other written communications under this Agreement shall be addressed to the individual(s)in the capacities indicated below,unless otherwise modified by subsequent written notice. Communication and details concerning this Agreement shall be directed to the following representatives: CITY: SPONSOR: Dan Dugger Jeff DeMario City Manager 2724 N.Australian Avenue 100 E. Ocean Avenue West Palm Beach,FL 33407 Boynton Beach,FL 33435 JDeMario@vitanovainc.org DuggerD@bbfl.us SECTION 8-SPONSOR RESPONSIBILITIES. 1. Sponsor will be responsible for carefully assessing a household's need and appropriateness(Including Income Certification)for SHIP Rapid Re-Housing. Program participants receiving assistance must be re-evaluated every 90 days,prior to receiving additional assistance,such assistance shall not exceed $10,000.00 per household. 2. Sponsor is required to submit quarterly status reports on program status and activities by the 15th of each quarter(January 15''. and April 15th.)until the project is completed.If there is no activity for the quarter,the quarterly report should reflect"No Activity". 3. Sponsor will adhere to SHIP regulations regarding eligible activities,eligible program participants, performance reports and administrative costs. 4. Sponsor will ensure that program participants are eligible for participation in SHIP Rapid Re-Housing (i.e.,either homeless or at risk of losing housing and meet the Area Median Income(AMI)at or below 50 percent based on household size) 5. Sponsor will ensure that each program participant receives an initial consultation with a case manager (or other authorized representative)who can determine the appropriate type/amount of assistance to meet their needs. 6. Sponsor shall maintain all records that are pertinent to the activities to be funded under this Agreement.Including: documentation in case management files to support income verifications; Zp' g consultations; etc.Retention of all records pertinent to expenditures incurred under this Agreement must be kept for five(5)years from the date of final payment. 7. Sponsor shall provide the oversight,administration and project management necessary to accomplish all activities in a timely manner. 8. Sponsor is required to comply with all federal,state,local laws and ordinances,as deemed appropriate. SECTION 9-CITY RESPONSIBILITIES. 1. The City shall provide information regarding requirements for SHIP Rapid Re-Housing as updates and additional information becomes available. 2. The City shall notify the Sponsor of any changes as they become available,in SHIP regulations or program limits that affect the project,including but not limited to income limits,reporting requirements,etc. 3. The City will conduct monitoring visits and site inspections of work completed as grantee and regulatory authority for the project to ensure that the program requirements established by SHIP regulation and subsequent updates are met.The City will provide Sponsor information regarding such monitoring or inspection visits to assist in ensuring compliance. Inspection visits may also include on-site inspection of rental housing where program participants have been placed. 4. The City will review data collected by Sponsor for compliance with SHIP requirements. 5. The City will review Sponsor payment requests and process payment to the Sponsor. Nothing contained herein shall relieve the Sponsor of its responsibilities as provided under this Agreement. SECTION 10-OTHER REQUIREMENTS. A. Independent Contractor Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties.The Sponsor shall at all times remain an"independent contractor"with respect to the services to be performed under this Agreement. The City shall be exempt from payment of all Unemployment Compensation,FICA,retirement, life and/or medical insurance and Workers'Compensation insurance,as the Sponsor is an independent contractor,except as approved as reimbursable expenses to the Sponsor under this Agreement. B. Hold Harmless The Sponsor agrees to defend,indemnify and hold the City and Florida Housing Finance Corporation harmless from any and all claims, actions, suits,charges and judgments of any nature whatsoever which may arise from the Sponsor's performance or nonperformance of this Agreement.The Sponsor shall not be liable for acts of the City,its officers, agents or employees.Nothing in this paragraph shall be construed as a waiver by the City of its right to statutory sovereign immunity under Florida Statute §768.28. C. Insurance and Bonding The Sponsor shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage,and as a minimum shall purchase blanket fidelity bond covering all employees in an amount equal to reimbursements from the City. The Sponsor shall also provide Workers'Compensation insurance coverage for all of its employees involved in the performance of this Agreement. The Sponsor shall also provide the City,when requested by City staff,a copy of the Certificate of Insurance. D. Amendments The City or Sponsor may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing,and signed by a duly authorized representative of each organization, such amendments shall not invalidate this Agreement,nor relieve or release the City or Sponsor from its obligations under this Agreement.The City may,in its discretion, amend this Agreement to conform with Federal,state or local government guidelines:policies and available funding amounts,or for other reasons.If such amendments result in a change in the funding,the scope of services,or schedule of activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both City and Sponsor. E. Suspension or Termination of Agreement 1) With thirty(30)days written notice specifying the effective date,the City may suspend or terminate this Agreement if the Sponsor materially fails to comply with any terms of this Agreement,which include,but are not limited to,the following: a) Failure to comply with any of the rules,regulations or provision referred to herein,or such statutes,regulations, executive orders,and SHIP guidelines,policies,or directives as may become applicable at any time; b) Failure,for any reason,of the Sponsor to fulfill in a timely and proper manner its obligations under this Agreement; c) Submission by the Sponsor to the City of reports that are incorrect or incomplete in any material respect; d) Ineffective or improper use of funds provided under this Agreement; e) Failure of the Sponsor to supply the City with reports and annual audits as required by the City herein; f) Failure of the Sponsor to comply with the City's corrective action plan respective to annual independent audits required by the City herein; g) Suspension or termination by the State of the grant to the City under which this Agreement is made,or portion of it delegated by this Agreement;provided,however,that if the grant is merely reduced and in the absence of any contrary State directive,the Sponsor may adjust its budget and recommend Agreement amendments to the City. h) The City may also terminate,assign or transfer this Agreement when required by State direction. 2) The Sponsor may propose to terminate this Agreement in whole or in part for good cause only by giving at least thirty(30)days written notice specifically stating the cause for such requested termination.Any such request for termination shall be subject to the written approval of the City, acted upon by the City within ten(10)days of receipt of the notice of request to terminate.The decision of the City shall be final and conclusive,provided that such approval shall not be unreasonably withheld. SECTION 11 -ADMINISTRATIVE REQUIREMENTS. The Sponsor agrees to comply with the following,as applicable,and all requirements and standards which include but are not limited to the following: A. Financial Management 1) Accounting Standards and Cost Principles The Sponsor agrees to comply with the Rules of the Auditor General Chapter 10.650(Florida Single Audit Act Audits Nonprofit and For-Profit Organizations)and agrees to adhere to the accounting principles and procedures required therein,utilize adequate internal controls,and maintain necessary source documentation for all costs incurred. 2) Allowable and Allocable Costs Costs must be necessary,reasonable and directly related to the scope of services of this Contract. In addition,costs must be legal and proper.The budget included in Attachment B shall control amount of allowable expenditures. 3) Documentation of Costs All costs shall be supported by properly executed payrolls,time records,invoices,contracts, vouchers,or other official documentation evidencing in proper detail the nature and propriety of charges.All checks,payrolls,invoices,contracts,vouchers,orders,or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. B. Records-Public Records 1) Records to be Maintained PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty(30)days after the opening of the Bid unless the City announces intent to award sooner,in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119,Florida Statutes.The Sponsor shall comply with Florida's Public Records Law. Specifically,the Sponsor shall: 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,Fla. Stat. 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 contract, Sponsor shall destroy all copies of such confidential and exempt records remaining in its possession once the Sponsor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Sponsor shall transfer to the CITY,at no cost to the CITY,all public records in Sponsor's possession All records stored electronically by Sponsor 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. E. IF THE SPONSOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SPONSOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FL, 33435 561-742-6060 CITYCLERK(&,BBFL.US 2) Retention The Sponsor shall retain all financial records,supporting documents•, statistical records,and all other records pertinent to the Agreement for a period of five(5)years.The retention period begins on the date of the submission of the City's annual performance and evaluation report to the State in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above,if there is litigation,claims,audits,negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period,then such records must be retained until completion of the actions and resolution of all issues,or the expiration of the four-year period,whichever occurs later. 3) Client Data The Sponsor shall maintain client data demonstrating client eligibility for services provided. Such data shall include,but not be limited to,client name,address,income level(based from program year's HUD release income guidelines),third party verification and other basis for determining eligibility, and description of service provided. Such information shall be made available to City monitors or their designees for review upon request. 4) Disclosure of Client Information The Sponsor understands that client information collected under this contract is private and the use or disclosure of such information is prohibited by Federal law,when not directly connected with the administration of the City's or Sponsor's responsibilities with respect to services provided under this Agreement unless written consent is obtained from such person receiving service and, in the case of a minor,that of a parent/guardian. 5) Program Close-Out The Sponsor's obligation to the City shall not end until all close-out requirements are completed. Activities during this close-out period shall include,but are not limited to: making final payments,disposing of program assets(including the return of all unused materials,equipment, unspent cash advances,program income balances,and accounts receivable to the City),and determining the custodianship of records.Notwithstanding the foregoing,the terms of this Agreement shall remain in effect during any period that the Sponsor has control over SHIP funds, including program income. In the event the Sponsor does not expend the amount allocated under this Agreement or the project is canceled,expired, assigned or terminated for any reason, any funds not claimed by the Sponsor and approved by the City for allowable costs by the end of the term or by the date of cancellation,expiration,or termination of this Agreement,as the case may be, shall no longer be payable to the Sponsor under this Agreement. 6) Access to Records At any time during normal business hours and as often as the City,Florida Housing Finance Corporation and/or the State of Florida may deem necessary, Sponsor shall make available to the City,Florida Housing Finance Corporation and/or representatives of the State of Florida for examination all of its records with respect to all matters covered by this Agreement.Further,the Sponsor shall permit the City,Florida Housing Finance Corporation,and/or representatives of the State of Florida to audit,examine and make excerpts of transcripts from such records,and to make audits of all contracts,invoices,materials,payrolls,records of personnel,conditions of employment and other data relating to all matters covered by this Agreement. 7) Sponsor Audit Requirements: All Sponsor records with respect to any matters covered by this Agreement shall be made available to the City,and the State of Florida or any of their authorized representatives,at any time during normal business hours,as often as deemed necessary,to audit,examine, and make excerpts or transcripts of all relevant data.Any deficiencies noted in audit reports must be fully cleared by the Sponsor within 30 days after receipt by the Sponsor.Failure of the Sponsor to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Sponsor hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning Sponsor audits and 2 CFR Part 200. a) A Sponsor that expends$750,000 or more in federal funds is required to have an audit in accordance with 2 CFR Part 200.514.The Sponsor is responsible for submitting a data collection form and reporting package to the federal clearinghouse within nine- months of the end of the audit period.The reporting package must also be submitted to the City.Per 2 CFR Part 200.515,the reporting package consists of: 1. Financial Statements 2. Schedule of Expenditures of Federal Awards 3. Summary Schedule of Prior Audit Findings 4. Auditor's report 5. Corrective Action Plan for current year audit findings b) Sponsors that receive any public funds(federal,state,or local government funds)are also subject to the audit requirements of Florida Statutes.An audit in compliance with 2 CFR Part 200 will meet the audit requirements of the state of Florida. c) All Sponsor audits shall be completed within 180 days after the ending date of the Sponsor's fiscal year. One(I)copy of each audit report shall be delivered by the Sponsor to the City. d) If the Sponsor is unable or unwilling to have an audit conducted in accordance with 2 CFR Part 200,the City shall take one or more of the following actions: 1. Withhold a percentage of State SHIP funds until the applicable audit is completed satisfactorily; 2. Suspend further disbursements of SHIP funds until the audit is conducted; or 3. Terminate this Agreement in accordance with Section 10 E.Suspension or Termination of Agreement. SECTION 12-PARTICIPANT CONDITIONS. A. Civil Rights and Compliance with Federal Laws The Sponsor agrees to comply with Title XLIV, Chapters 760-765,Civil Rights,Florida Statutes and with: 1) Title VI of the Civil Rights Act of 1964 as amended-which provides that no person in the United States shall on the grounds of race,color,or national origin be excluded from participation in,be denied the benefits of,or be subjected to discrimination under any program or activity receiving federal financial assistance. 2) Title VII of the Civil Rights Act of 1968 as amended-which provides for fair housing throughout the United States.Kinds of discrimination prohibited include refusal to sell,rent, or negotiate,or otherwise to make unavailable; discrimination in terms,conditions and privileges; discriminatory advertising;false representation;blockbusting; discrimination in financing; and discrimination in membership in multi-listing services and real estate broker organizations. Discrimination is prohibited on the grounds of race,color,religion,sex and national origin.HUD (and grantees)shall administer programs and activities relating to housing and urban development in a manner affirmatively to further the policies of this Title. 3) Title I of the Housing and Community Development Act of 1974 as amended-which provides that no person in the United States shall on the grounds of race,color,national origin or sex be excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this Title. 4) Section 504 of the Rehabilitation Act of 1973 -which provides that handicapped individuals may not be excluded from participation in,be denied benefits of or be subjected to discrimination under any program or activity receiving federal financial assistance. 5) The Americans with Disabilities Act of 1990-which provides that no person shall on the basis of handicap,be excluded from participation in,be denied the benefits of or be subjected to discrimination under any program or activity receiving federal financial assistance. 6) The Age Discrimination Act of 1975-which provides that no person shall on the basis of age,be excluded from participation in,be denied the benefits of or be subjected to discrimination under any program or activity receiving federal financial assistance. 7) Executive Order 1 1063 as amended by Executive Order 12259-which requires equal opportunity in housing and related facilities provided by federal financial assistance. 8) Executive Order 11246 as amended by Executive Orders 11375, 11478 and 12107-which prohibits discrimination on the grounds of race, creed,color,sex or national origin in employment under federally assisted construction contracts, as applicable. B. Nondiscrimination The Sponsor agrees to comply with the non-discrimination in employment and contracting opportunities laws,regulations,and executive orders referenced in 24 CFR 570.607,as revised in Executive Order I 3279.The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. SECTION 13-SEVERABILITY. If any provision of this Agreement is held invalid,the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect. SECTION 14-WAIVER. The City's failure to act with respect to a breach by the Sponsor does not waive its right to act with respect to subsequent or similar breaches.The failure of the City to exercise or enforce any right or provision shall not constitute a waiver of such right or provisions. SECTION 15-JURY TRIAL,VENUE&ATTORNEY FEES. Venue of all actions shall lie in Palm Beach County,Florida.Each party waives the right to a jury trial.Each party agrees that the prevailing party shall be entitled to reimbursement of reasonable attorney fees,including court costs,from the opposing party.For the purpose of this Agreement,reasonable Attorney fees of the City Attorney shall be based on the fees regularly charged by a private Attorney with an equivalent number of years of professional experience who practices in Palm Beach County,Florida SECTION 16-ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the City and the Sponsor 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 City and the Sponsor with respect to this Agreement. SECTION 17-APPLICABLE LAW. This law applicable to this Agreement is hereby agreed to be the law of the State of Florida. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first written above. Signature By: y Ai�. Title: City Mayor City of Boynton Beach The forgoing instrument as acknowledged before me on this day of 067061/67Z6,4y Viae/g.... /ea- Heare is personally kno / o me or has produced his/her as identification and did/did not take an LYNN M.SWANSON %/L i /ilL'd/411j/ �:A ,�'* MY COMMISSION N HH 155706 li,,ARY 'UBLIC •.�`��.b�' EXPIRES:November 17,2025 .,oR....' Bonded'Mu Notary.Pubic Underwriters BY AT - F 5.YNt ‘r, i ;.0•.Gp4POR,gp••6•�1t A_it 0(0111 :A.-: •7 'i City Cle i. f V; SEAL :2 :INCORPORATED:` 10,i % 1920 : APPROVED AS TO FORM AND %. 1920 I `%% F/........7 i�Q � LEGAL SUFFICIENCY R Or.+_ r' tiN City of Boynton Beach Attorney's Office IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first written above. Signature By: Title: &-... _ SPONSOR Non-Profit Organization: V 1 I v,#,N R I [JG. The forgoing instrument as acknowledged before me on this day of areha oz4,a6a3 ,by V*} He/She is personally kno / o me or has produced his/her as identification and did/did not take an oath. A44!� � ►�, .LYNN M.swaNsoN • • / / i d/ =� •_, •: MYGOMMISSION1HH155706 O. 'Y PUBLIC N ^. EXPIRES:November 17,2025 -':COs iN •• Bonded MN Notary Pub c Underwitter 'hn BY - --- A1"1'hST a 04 ATTACHMENT A PROJECT DESCRIPTION AND SPONSOR RESPONSIBILITIES Scope of Work Vita Nova, Inc.will provide safe and supporting housing,education,employment and other supportive services to vulnerable youth ages 18-24 who are unhoused or at risk of homelessness in Boynton Beach.Through the Boynton Beach Youth Haven Program,Vita Nova,Inc.will assist underserved youth in our community facing many challenges,finding difficult to escape homelessness and build a stable life.The Boynton Beach Youth Haven Program will help vulnerable youth overcome their challenges and build needed skills for self-sufficiency and a better future. SPONSOR RESPONSIBILITIES. 1. Sponsor will be responsible for carefully assessing a household's need and appropriateness(including Income Certification)for SHIP Rapid Re-Housing. Program participants receiving assistance must be re- evaluated every 90 days,prior to receiving additional assistance,such assistance shall not exceed$10,000.00 per household. 2. Sponsor is required to submit quarterly status reports on program status and activities by the 15th of each quarter(January 15th. and April 15th.)until the project is completed. If there is no activity for the quarter,the quarterly report should reflect"No Activity". 3. Sponsor will adhere to SHIP regulations regarding eligible activities,eligible program participants, performance reports and administrative costs. • 4. Sponsor will ensure that program participants are eligible for participation in SHIP Rapid Re-Housing (i.e.,either homeless or at risk of losing housing and meet the Area Median Income(AMI)at or below 50 percent based on household size) 5. Sponsor will ensure that each program participant receives an initial consultation with a case manager(or other authorized representative)who can determine the appropriate type/amount of assistance to meet their needs. 6. Sponsor shall maintain all records that are pertinent to the activities to be funded under this Agreement. Including: documentation in case management files to support income verifications; consultations; etc.Retention of all records pertinent to expenditures incurred under this Agreement must be kept for five(5)years from the date of final payment. 7. Sponsor shall provide the oversight,administration and project management necessary to accomplish all activities in a timely manner. 8. Sponsor is required to comply with all federal,state,local laws and ordinances,as deemed appropriate. ATTACHMENT B PROJECT BUDGET REVENUESHIP Funds Other Project F u n d i n s Total Revenue $200,000.00 $54,120.00 EXPENSES Program Tenant Based Rent Assistance Prevention or Rapid Re-Housing incl.rent,utility and security deposits $180,000.00 $31,018.00 inspection,surveys,payment processing 10%Administration (Case Management staff partial salary,Housing $20,000.00 $23,102.00 Coordination,Identifiies landlords,outreach to partner agencies) Total Expenses $200,000.00 $54,120.00 ATTACHMENT C REQUEST FOR PAYMENT SHIP RENTAL ASSISTANCE/RAPID RE-HOUSING PROGRAM APPROVED BUDGET: $200,000.00 DISBURSEMENTS TO DATE: AVAILABLE BALANCE: This Request: Budget Line Item: Amount Requested: Program Expense Housing Administration Expense 1 TOTAL REQUEST Project Highlights(recommended,not required) Signature of Sponsor Agency Representative&Title Date Signature of SHIP Staff Administrator Date