82-DRESOLUTION NO. 82-~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE EXECUTION OF THE ENABLING
AGREEMENT BETWEEN PALM BEACH COUNTY AND THE
CITY OF BOYNTON BEACH, FLORIDA.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute, on behalf of the City of
Boynton Beach, Florida, that certain Agreement 'between Palm Beach
County and the City of Boynton Beach, providin~ for the Funding
and Administration of Community Development Block Grant Projects,
a copy of which is attached hereto and made a part hereof.
Section 2. This Resolution shall take effect immediatel
upon its passage.
PASSED AND ADOPTED this 5th day of January, 1982.
CITY OF BOYNTON BEACH, FLORIDA
By:
ATTEST:
C~ Clerk
(Corp. Seal)
AGREEMENT
between
PALM BEACH COUNTY
and
CITY OF BOYNTON BEACH
PROVIDING FOR THE FUNDING
AND ADMINISTRATION OF COMMUNITY
DEVELOPMENT BLOCK GRANT PROJECTS
AGREEMENT
THIS AGREEMENT, made and entered into this
day of , 1982, by and between PALM BEACH COUNTY, a
political subdivision of the State of Florida, and the CITY OF
BOYNTON BEACH, a municipal corporation existing under the laws of
the State of Florida.
W I T N ES S E TH
For and in consideration of the Mutual terms and con-
ditions, promises, covenants and payments hereinafter set forth,
the parties hereto agree as follows:
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ARTICLE I
DEFINITIONS AND IDENTIFICATIONS
1.1
1.2
1.3
1.4
1.5
PAbM BEACH COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM OR PROGRAM
Whenever used herein the terms "PALM BEACH COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM," OR "PROGRAM" shall mean
the Community Development Program applied for by Palm Beach
County and awarded by the U.S. Department of Housing and
Urban Development as authorized pursuant to Tit!e-I, Housing
and Community Development Act of 1974, Public Law 93-383,
as amended, 1977 Public Law 95-128 and 1980 Public Law 96-399.
H.U .'D.
The term "H.U.D." as used herein shall mean the U.S. Depart-
ment of Housing and Urban Development.
~COUNTY
Whenever used herein the term "COUNTY" shall mean Palm Beach
County, Florida, a political subdivision of the State of
Florida.
GRANTEE
Whenever used herein the term "GRANTEE" shall mean Palm Beach
County, Florida, as Grantee of the Palm Beach County Community
Development Block Grant. Program.
CITY
Whenever used herein the term "CITY" shall mean the CITY OF
BOYNTON BEACH, Florida, a municipal corporation.
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1.7
1.8
1.8.2
SUB-GRANTEE f
Whenever used herein the term. "SUB-GRANTEE" shall mean the
CITY as sub-grantee for the projects included in the Palm
Beach County Community Development Block Grant Program.
ASSURANCES
Under the program, the County is bound to comply with
applicable Federal laws and regulations. The term "ASSURANCES"
as used herein shall mean those guarantees made by the CITY
to the County that the CITY will comply with these same Federal
laws and regulations.
PROJECT
The term "Project" as used herein shall mean a portion of the
Palm Beach County Community Development Block Grant Program
specifically concerning the following project:
1.8.1 Preparation of construction plans,
specifications and construction of
capital improvements within the Boynton
Beach Strategy Area, in Census Tract 61.
The exact nature of this "Project" is more
fully set forth in Article III herein.
Preparation of Storm Drainage Engineering for
the Neighborhood Strategy Area as defined in 3.2.
The exact nature of this "Project" is more fully
set forth in Article !II herein.
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1.9
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Whenever used herein the term "DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT" shall mean the organizational unit
providing to the Palm Beach County Board of Commissioners'
program administration under the guidelines of the U.S.
Department of Housing and Urban Development.
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2.1
2.2
2.3
2.4
ARTICLE I I
Title I, of the Housing and Community Development Act of
1974, P. L. 93-383, 1977, P. L. 95-128 and 1980, P. L.
96-399, consolidated several existing categorical programs
for community development into a single program of Com-
munity Development Block Grants for the purpose of
allowing local discretion as to the determination of
needs and priorities for a Community Development Program.
The needs and priorities of Community Development in
Palm Beach County were determined by the cities, commission
districts and the unincorporated areas of Palm Beach County
participating in the Community Development Block Grant
Program, the Palm Beach County Department of Housing and
Community Development and the Overall Economic and Community
Development Advisory Board.
The authority for this Agreement is entered into pursuant to
Section 125, Florida Statutes, and Part III of Chapter 163,
Florida Statutes.
The County secured A-95 approval for this program from the
Palm Beach County Area Planning Board Treasure Coast
Regional Planning Council and the State of Florida. Sub-
sequently, Palm Beach County submitted the program to H.U.D.
fob approval and funding. H.U.D. approved the program and
authorized the expenditure of $5,003,000.00 for Fiscal Year
1981-82.
Under the Rules and Regulations of H.U.D., the COUNTY is
administrator for the program and is mandated to comply_with
various statutes, rules and regulations of the United
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2.5
States, as to the allocation and expenditure of funds as
well as protecting the interests of certain classes of
individuals who reside in Palm Beach County.
2.4.1 "Under the rules and regulations of H.U.D., the CITY
as a participant in this program is mandated to comply
with all applicable statutes, rules and regulations
of the federal government, the state and the COUNTY."
The COUNTY is desirous of disbursing~ $200.,000.00 to the
CITY for the project described in Article III herein pursuant
to terms and conditions of this Agreement. The COUNTY requires
assurance from the CITY that the CITY will comply with the
statutes, rules and regulations of the United States and the
State of Florida, relating to the projects and the program,
as a condition precedent to the release of such funds to
the CITY.
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ARTICLE III
DESIGN STUDY FOR CAPITAL IMPROVEMENTS
WITHIN THE NEIGHBORHOOD STRATEGY AREA, BOYNTON BEACH
3.1
The CITY agrees to proceed with plans, specifications and con-
struction contract for street improvements to include drainage,
curbs and gutter, curb cuts, sidewalks and paving within the
Boynton Beach Neighborhood Strategy Area.
3.1.1 The Boynton Beach Neighborhood Strategy Area to be
served is delineated as follows:
NORTH: C-16 Boynton Canal
SOUTH: N.W. & N.E. 9th Avenue
EAST: Railroad Avenue
WEST: Interstate 95 East Right-of-Way
3.1.2 Cost to the Housin§ and Community Development Pro§ram
shall not exceed $200,000.00 for the project including
consultant fees and charges.
3.1.3 Storm Drainage Engineering Study area is delineated
as follows:
NORTH:
SOUTB:
EAST:
WEST:
C-16 Boynton Canal
N.W. & N.E 9th Avenue
U.S. Highway No. 1
Interstate 95 East Right-of-Way
3.3
All work performed in Sect~o~ 3.1 of Article III shall be in
accordance with plans and specifications prepared for the
CITY OF BOYNTON BEACH and funded by the COUNTY Department
of Housing and Community Development, except 3.1 .3.
The CITY agrees to proceed with Storm Drainage Engineering
Study for the area defined in 3.1.3 which includes details
of topography, existing and required storm drainage re-
tention or outfalls. The intent of the storm drainage en-
gineering will identify and mitigate potential flooding
problems for the area detailed in 3.1.3.
3.3.1 Cost to the CITY is detailed in the Neighborhood
Strategy Plan at $20,000.00.
3.3.2 The work defined in 3.3 of this Agreement is further
defined in FY '80-'81 Agreement "Providing for the
funding and administration of Community Development
Block Grant Projects" and is considered the same
conditions, scope of work and maximum funding of
$20,000.00, as detailed in that Agreement.
7A -
4.1
4.2
4.2.1
ARTICLE IV
PROCEDURES FOR INVOICING AND PAYMENT
CITY and COUNTY understand and agree to comply with
the Department of Housing and Urban Development
guidelines for the Community Development Act Block
Grant which stipulate that funds requested "shall be
limited to the minimum amounts needed and shall be
in accord only with the actual, immediate cash re-
quirements of the recipient organization in carrying
out the purpose of the approved program or project."
CITY understands and agrees that it may expect payment
within 30 days after filing ~f a properly supported
invoice with the Department of Housing and Community
Development regardless of whether the CITY is seeking
reimbursement or direct payment for services or materials.
The CITY agrees to invoice by submitting to the Department
of Housing and Community Development the form attached
hereto as Exhibit A, together with proper support, to
wit, a copy of the original invoice, certified as to
receipt of goods and services. If reimbursement is
sought, said invoice shall be designated as "paid."
CITY shall invoice the COUNTY'S Department of Housing
and Community Development at 801 Evernia Street, West
Palm Beach, Florida, 33401, monthly on the following basis:
If the CITY has awarded a contract to an independent
contractor to perform Project services, and if
competitive bidding or competitive negotiations are
required under applicable law, the CITY shall provide the
COUNTY'S Department of Housing and Community Development
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4.2.2
4.2.3
4.2.4
4.2.5
4.2.6
with a certified copy of the Bid Specifications and Bid
Awards authorizing the work to be done on the projects
and a certified copy of contract let. All such contracts
shall be submitted to the Department of Housing and Community
Development for prior approval. Upon receipt of certified
copies of Bid Awards and Contracts, the Department of Housing
and Community Development will audit and forward said
certified copies to the Palm Beach County Finance Department
together with comment related to the audit.
"If the CITY has awarded a contract to an independent
contractor to perform project services, the city shall
describe the services for which it is invoicing."
If the CITY uses its own work force to perform Project
services, the CITY shall submit a certified copy of the
purchase orders authorizing the purchase of material and
a certified copy o'f the work orders ordering the work for
which it will be invoicing.
If the CITY has awarded a contract to an independent
contractor to perform Project services, CITY shall submit
a certified copy of the contractor's invoice or invoices
identifying the contract to which it applies stating the
services rendered.
The CITY chief officer shall certify that the work that
is being invoiced for has been completed.
If the CITY wished, it may submit paid invoices for
reimbursement by the COUNTY. In these instances, the
CITY chief finance officer will add his certificate to
the invoice that the CITY has paid the invoice and indicate
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check numbers with which the CITY paid the invoice or
other satisfactory audit trail.
4.2.7 In addition, the CITY shall provide the COUNTY Department
of Housing and Community Development with monthly progress
reports stating the following:
4.2.7.1 The percentage of work completed to date.
4.2.7.2 A description of the remaining portions of
the project to be completed.
4.2.7.3 The expected completion date of the project.
4.2.7.4 A statement of the amount of money expended to
date pursuant to each project and the dollar
amount remaining to be expended pursuant to
the budget for each project.
4.2.7.5 A general description of the success or problems
encountered with the project.
4.3 Upon receiving the invoices, reports and other materials
described by Section 4.2, the Executive Director of the
Department of Housing and Community Development shall
audit such bid awards, contracts, reports and invoices to
determine whether the items invoiced for have been
completed.
4.4 Upon determination by the Executive Director of the
Department of Housing and Community Development that the
services and material invoiced have been received or
completed, the Director shall forward the invoices to
the Palm Beach County-Department of Finance for payment
to the CITY according to the invoice.
4.5 CITY agrees to notify the Department of Housing and
Community Development of the date that work will be
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4.6
initiated so periodic inspections may be performed f~rom time
to time.
CITY agrees to commit or expend the funds allocated to the pro-
jects by September 30, 1982. All funds not committed or ex-
pended by September 30, 1982 shall remain in the custody and
control of the COUNTY. Reasonable consideration by the Depart-
ment of Housing and Community Development of the satisfactory
progress of the project toward tangible project implementation
shall be the determining factor for the continuation of funding
the project. Reasonable consideration can be further clarified
to mean that the following schedule would provide a timely con-
clusion to that portion of the project funded through the Palm
Beach County Housing and Community Development's Block Grant
Program.
1) Engineering plans and specifications including review, com-
pleted within 60 calendar days after execution of this
Agreement.
2) Bidding and construction contract document requirements
prior to start of construction completed within 90 calendar
days after execution of this Agreement in full.
The completion date proposed, as an element of each bid, will
be considered a competitive item in evaluating the bid.
Storm Drainage Engineering for the area as defined in 3.1.3
is not subject to 4.6 (1), (2) & (3), but Storm Drainage
Engineering that directly influences or affects the project
as defined in 3.1.I is required to be completed simultaneously
with 3.1.1. Balance of the Storm Drainage Engineering is
required to be completed within 150 calendar days after
execution of the Agreement in full.
3)
4)
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4.8
4.9
CITY and COUNTY agree that all notices required by this
Agreement, shall be in writing and delivered by U.S.
Mail as specified herein:
CITY
Peter L. Cheney - City Manager
City of Boynton Beach
120 N.E. Second Avenue
Boynton Beach, Florida 33435
COUNTY
Department of Housing and Community Development
801 Evernia Street
West Palm Beach, Florida
33401
CITY and COUNTY agree that any problem encountered pertaining
to implementation of this Agreement not successfully resolved
within a reasonable time by the Department of Housing and
Community Development above may be referred by the CITY to:
JOHN C. SANSBURY
County Administrator
P.O. Box 1989
West Palm Beach, Florida 33401
The CITY when awarding contracts funded under the Community
Development's Block Grant Program is subject to the following
procedures:
4.9.1 The CITY awarding a contract for professional
services of a consultant, i.e., architecture
engineering, planning, and surveyors under 4.2.1
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4.9..2
4.9.3
4.9.4
4.9.5
requirements, must by specification detail the work
to be performed.
Contracts for professional services must be approved
by Palm Beach County Department of Housing and
Community Development prior to their execution.
Department of Housing and Community Development will
review and recommend approval of all consultant con-
tracts and fee schedules that meet the minimum standards
as established by the Palm Beach County Engineering
Department and the Department of Housing and Urban
Development. Contracts for architecture, engineering,
survey and planning shall be negotiated fixed fee con-
tracts. All additional services shall have prior
written approval. Reimburseables will be at cost.
The CITY when awarding contracts for professional
services shall be in accordance with Federal, State,
and Local Laws and in accordance with Section 3 of the
Housing and Urban Development Act of 1968, as amended.
Contracts are awarded on a project basis. Contracts
with consultants that have an ongoing project require-
ment from the Department of Housing and Community
Development fiscal year funding and are in nature of
a continuity that would require coordination from
fiscal year to fiscal year may be extended with prior
written approval of the Palm Beach County Department of
Housing and Community Development. In addition, con-
tracts with consultants that have an ongoing project
requirement must be updated on an annual basis.
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4.9.6
4.9.7
Final project drawings to be microfilmed and
prints provided to the Department of Housing
and Community Development.
All final project drawings are to remain in the
care, custody and control of the Palm Beach County
Department of Housing and Community Development.
A duplicate copy of project drawings shall be
provided for the files of the City. The City
may retain control of the final documents upon
the explicit written consent of the Palm Beach
County Department of Housing and Community Development.
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5.1
5.2
5.3
ARTICLE V
SPECIFIC ASSURANCES
CITY, as the "Contractor" herein, agrees to comply with
the provisions of Section 202, Executive Order 11246, a
copy of which l'S attached hereto and contained in Exhibit
"B" and with the guidelines for applicants on equal oppor-
tunity obligations for Community Development Block Grant
in regard to construction contracts.
During the performance of this Agreement, the CITY agrees
to attach to all purchase orders, contracts and sub-con-
tracts issued pursuant to this Agreement, the specifica-
tions as contained in Exhibit "B" attached hereto and made
a part hereof.
CITY agrees that it will comply with the following:
5.3.1 Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
and in accordance with Title VI of that Act, no person
in the United States shall, on the ground of race, color,
sex, or national origin, be excluded from participation
in, be denied the benefits of, or be otherwise subjected
to discrimination under any program, or activity for which
the sub-grantee receives Federal financial assistance and
will immediately take any measures necessary to effectuate
this Agreement. If any real property or structure thereon
is provided or improved with the aid of Federal financial
assistance extended to the sub-grantee, this assurance
shall obligate the sub-grantee, or in the case.of any
transfer of such property, any transferee, for the period
15
5.3.2
5.3.3
5.3.4
5.3.5
during which the real property or structure is used for a
purpose for which the Federal financial assistance is ex-.
tended or for another purpose involving the provision of
similar services or benefits.
Title VIII of the Civil Rights Act of 1968, (P. L. 90-
284) as amended, and will administer all programs and
activities relating to housing and community development
in a manner to affirmatively further fair housing.
Section 109 of the Housing and Community Development Act
of 1977 and in conformance with all requirements imposed
by or pursuant to the Regulations of the Department (24
CFR Part 570.601) issued pursuant-to that Section; and
in accordance with that Section, no person in the United
States shall on the ground 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 the
coummunity development funds.
Hereby assures and certifies that it will comply with
the regulations, policies, guidelines and requirements of
OMB Circular A-95 and that it will comply with the regula-
tions, policies, guidelines, and requirements of the Office
of Management and Budget Circular A-lO2, as they relate to
this Agreement, acceptance and use of Federal funds for
this Federally assisted project.
Section 3 of the Housing and Urban Development Act of 1968,
16
5.3.6
5.3.7
5.3.8
5.3.9
5.3.10
as amended, requiring that' to the greatest extent ~eas,-
ble opportunities for training and employment be given
lower income residents of the project area and contract
for work in connection with the project be awarded to
eligible business concerns which are located in the area
of the project.
Executive Order 11063 on equal opportunity in housing.
Give the COUNTY, The Department of Housing and Urban
Development, and the Comptroller General through any
authorized representative access to and the right to
examine all records, books, papers or documents relating
to the project.
Provide fair and reasonable relocation payments and
assistance in accordance with Sections 202, 203, and 204,
of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act (P. L. 91-646) and applicable
H.U.D. regulations, to or for families, individuals,
partnerships, corporations or associations displaced as
a result of any acquisition of real property assisted
under the program.
Provide relocation assistance programs offering the ser-
vices described in Section 205 of P. L. 91-646 to such
displaced families, individuals, partnerships, corpora-
tions or associations in the manner provided under
applicable H.U.D. regulations.
Assure that, within a reasonable time prior to displace-
ment, decent, safe, and sanitary replacement dwellings
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5.3.11
5.3.12
5.3.13
5.3.1-4
5.3.15
5.3.16
will be available to such displaced families and indi-
viduals in accordance with Section 205 (c) (3) of P. L.
91 -646.
Inform affected persons of the benefits, policies, and
procedures provided for under H.U.D. regulations.
Carry out the relocation process in such a manner as to
provide displaced persons with uniform and consistent
services, and assure that replacement housing will be
available in the same range of choices with respect to
such housing to all displaced persons regardless of
race, color, religion, or national origin.
In acquiring real property in connection with the Com-
munity Development Block Grant Program, be guided to
the extent permitted under State Law, by the real pro-
perty acquisition policies set out under Section 301
of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act and the provisions of Sections
302 thereof.
Pay or reimburse property owners for necessary expenses
as specified in Sections 303 and 304 of the Act.
Comply with the provisions of the Hatch Act which limit
the political activity of employees.
Comply with the provisions of: Executive Order 11296,
relating to evaluation of flood hazards, and Executive
Order 11128, relating to the prevention, control, and
18 -
5.3.17
5.3.18
5.3.19
5.3.20
5.3.21
abatement of water pollution, and the provisions of the
Flood Disaster Protection Act of 1973, Po L. 93-234, and
the regulations thereunder.
The sub-grantee's officers:
5.3.17.1 Will consent to assume the status of respon-
sible Federal officials under National Environ-
mental Policy Act of 1969 insofar as the pro-
visions of such act apply pursuant to this
Part.
5.3.17.2
Are authorized and will consent on behalf of
the applicant and himself to accept the juris-
diction of the Federal courts for the purpose of
enforcement of his responsibi'lities as such
an official.
Establish safeguards to prohibit employees from .using
positions for a purpose that is or gives the appearance of
being motivated by a desire for private gain for themselves
or others, particularly those with whom they have family,
business, or other ties.
Section 570.604 of the Housing and Community Development
Act of 1974, P. L. 95-128 and Executive Order 11593.
Architectural Barriers Act of 1968, 42 U.S.C. 4151.
The Clean Air Act as amended 42 (U.S.C. 1857 et. seq.)
and Federal Water Pollution Control Act, as amended,
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5.3.22
5 .~3.23
5.3.24
5.3.25
5.3.26
.5.3.27
(33 U.S.C. 1251 et. seq' and the provision of the
National Environmental Protection Act of 1969)
and regulation thereunder.
The CITY agrees that in both of its roles as contractor
and as the local public agency, it will to the extent
possible, follow and require sub-contractors to abide
by the guide form set out in Jax. Notice 75-81.
The CITY agrees that in both of its roles as contractor
and as the local public agency, it will adhere to and
require sub-contractors to adhere to the Federal Labor
Standards Provisions.
The sub-grantee will adhere to provi, sions of the Davis-
Bacon Act which governs labor standards.
The sub-grantee will initiate an Affirmative Action
Program as set forth herein.
CITY will comply with the Lead-Based Paint Poisoning
Prevention Act, Pub. L. 91-695, 84 Stat. 2078, amended
by Pub. L. 93-151, (42 U.S.C. 4801 et. seq.) and applicable
H.U.D. regulations.
Contractors, sub-contractors and sub-grantees with con-
tracts in excess of $100,000.00 are required to comply
with all applicable standards, orders, or requirements
issued under Section 306 of the Clean Air Act (42 U.S.C.
1857 (h), Section 508 of the Clean Water Act (33 U.S.C.
1368), Executive Order 11738, and Environmental Pro-
tection agency regulations (40 CFR Part 15), which pro-
hibit the use under non-exempt Federal contracts, g.rants,
or loans of facilities included on the EPA List of
Violating Facilities. The provision shall require re-
porting of violations to the grantor agency and to the
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U.S.E.P.A. Assistant Administrator Enforcement (EN-329).
Contracts shall recognize mandatory standards and
policies relating to energy efficiency which are con-
tained in the State energy conservation plan issued
in compliance with the Energy Policy and Conservation
Act (P.L. 94-163).
21 -
ARTICLE VI
INDEMNIFICATION AND GENERAL ASSURANCES
6.1
6.2
5.3
The CITY agrees to indemnify and hold harmless the
COUNTY from liability on account of any injuries,
damages, omissions, commissions, actions, causes
of action, claims, suits, judgments, or damages
accruing as a result of services performed, or not
performed, pursuant to the project contained in this
Agreement.
The CITY agrees to carry out the provisions and terms
of this Agreement in accordance with the written poli-
cies, directives, procedures and regulations of the
U. S. Department of Housing and Urban Development.
The CITY further agrees that this contract is subject
to all conditions of, regulations under, and provisions
of, the Housing and Community Development Act of 1980.
The COUNTY agrees that properly documented "paid"
invoices submitted by the CITY to the COUNTY as provided
in Article VI herein, shall be promptly processed by the
COUNTY and reimbursement payment promptly thereafter
made by the COUNTY to the CITY.
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ARTICLE VII
MISCELLANEOUS
7.1
7.2
7.3
It is understood and agreed that this document incor-
porates and includes all prior negotiations, corre-
spondence, conversations, agreements or understanding
applicable to the matters contained herein and that
the parties agree that there are no commitments, agree-
ments, or understandings concerning the subject matter
of this Agreement that are not contained in this docu-
ment. Accordingly, it is agreed that no deviation from
the terms hereof shall be predicated upon any prior
representations or agreements whether oral or written.
It is further agreed that no modification, amendment or
alterations in the terms or conditions contained herein
shall be effective unless contained in a written docu-
ment executed with the same formality and of equal dignity
herewith.
This document shall be executed in triplicate,each of
which shall be deemed to be an original.
23
IN WITNESS ~,~EREOF, the parties hereto have executed this
Agreement on the
day of , 19__.
COUNTY
Clerk of the Board of
County Commissioners of
Palm Beach County, Florida
PALM BEACH COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
Its Chairman
Approved as to form and
Legal Sufficiency
day of
, 19
County Attorney
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CITY
CLERK
MAYOR
day of , 19
Mayor
day of
, 19
SEAL
- 25
From:
REQUISITIONS FOR PAYMENT UNDER THE
COMMUNITY DEVELOPMENT ACT BLOCK GRANT
To:
Housing and Community Development
Request for Payment #
Date Project
Invoice Date of
Vendor # Invoice Description Amount
Total Request
Approved by ?itle Date
* Report each project on separate form.
EXHIBIT A
INTRODUCTION
Projects funded under the Community Development Block Grant Program must
comply with numerous federal regulations. In the case of affirmative action,
the Section 3 regulations for business concerns and Neighborhood Strategy
Area (NSA) residents and the Equal Employment Opportunity regulations apply.
Each set of regulations can stand along or be underrelated with other regula-
tions.
The ensuring document will define the two areas of regulations and explain how
they fit together into an affirmative action plan. The plan interrelates the Sec-
tion 3 and the Equal Employment Opportunity regulations into a program for
affirmative action to be undertaken by Palm Beach County.
Affirmative action efforts are linked between Section 3, and Equal Employment
Opportunity through similarities in the regulations. As a result, by instituting
Equal Employment Opportunity under Executive Order 11246 you also, in many
cases, affirmatively pursuing efforts under the Section 3 regulations and vic~
versa. The following similarities have been noted:
1) That the geographical areas covered by Section 3 and the Equal
Employment Opportunity area often the same.
2) That both Section 3, and Equal Employment Opportunity regulations
focus on construction contractors and subcontractors.
3) That a large number of female and minority persons fall into the
moderate to low income bracket. Therefore, both Section 3 and
Equal Employment Opportunity apply to the same type persons.
4) That both Section 3 and Equal Employment Opportunity regulations
"- have the same purpose...to provide equal employment opportunities
to previously excluded persons and groups in connection with all
: federally assisted programs.
The following descriptions will explain the different regulations which apply and
are interrelated in this Affirmative Action Plan.
Section 3 for Project Area Residents:
Section 3 provides that to the greatest extent feasible, opportunities for training
and employment shall be given ~o low-income residents of HUD project areas.
Training and employment opportunities should be provided within the entire range
of activities funded in whole or in part by Community Development funds, including
construction, office work, maintenance and field workers (e.g., census or survey
takers, outreach workers and community organizers). Contractors include con-
struction contracts and sub-contracts as well contracts for maintenance and
supplies equipment.
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Section 3 for Business Concerns:
Each applicant, recipient, contractor, or sub-contractor undertaking work
on a Section 3 covered project shall assure that to the greatest extent
feasible, contracts for work to be performed in connection with the pro-
ject are awared to business concerns located within the Section 3
covered project area or business concerns owned in substantial part
by persons residing in the Section covered area.
Equal Employment Opportunity:
All federally assisted construction contractors and sub-contractors on a Com-
munity Development Block Grant assisted construction project must take
affirmative action to ensure that employees and applicants for employment
are not discriminated against because of race, color, religion, sex or
national origin. Such action shall include, but not be limited to, the
following: Employment, upgrading, demolition or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; selection for training, including apprenticeship;
and posting a conspicuous place, available to employees and to applicants
for employment, notices regarding the equal employment requirements of
Executive Order #11246.
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AFFIRMATIVE ACTION PLAN
OVERVIEW:
The federal government, under the Housing and Community Development
Act of 1974, Section 135.70 of the Federal Register (see Appendix "A")
requires that the Palm Beach County Housing and Community Develop-
ment Block Grant Program develop an affirmative action plan for the use
of business and residents located in or owned in substantial part by
persons residing in the Neighborhood Strategy Areas.
Section 109 (a) of the Housing and Community Development Act of
1974, as amended by the Housing and Community Development Act of
1977, states' "No person in the United States shall on the ground
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 avail-
able under this title."
In addition, Palm Beach County, under Section 130.35 of Title 24 CFR, Part
130 (see Appendix "B"), will affirmatively ensure equal employment oppor-
tunity for all federally assisted construction contracts over $10,000 admin-
istered by the Community Development Block Grant Program. In general,
this affirmative action plan will encourage the following:
Ways to overcome the effects of past discrimination;
Assertively discourage employment practices which tend
to cause discrimination;
Even in the absence of prior discrimination, encourage affirmative
action efforts to overcome or prevent effects of conditions which
may have limited or may limit participation in the past or future.
OBJECTIVES:
Enforcement of equal opportunity (employment, housing, and public facilities)
laws should be supplemented by affirmative actions which will become a
voluntary program, actively supported and utilized by all municipahties,
consultants, contractors, and agencies involved with Community Develop-
ment.
The set of long-range goals for equal opportunity will include the following:
1) Establish objectives and methods to increase employment oppor-
tunities of workers on a totally non-discriminatory basis.
2) Utilize firms owned in whole or in part by individuals and resi-
dents located in the Community Development Block Grant Program'
Project Areas.
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$) . Provide hnproved houMn~, through rehabilitation and new con-
struction, which will benefit those people who have been with-
out decent, safe, and sanitary living conditions.
4)
Improve and establish public facilities which will benefit those
groups who have not previously enjoyed the benefits of such
facilities.
Achieve the previous four goals on an entirely voluntary basis.
The Affirmative Action Plan utilized to achieve these five major goals, consists
of a series of short and intermediate-range objectives. Each such objective
is the responsibility of the Community Development Division to implement
and enforce, with the individual municipahties, consultants, contractors,
and agencies, actively utilizing appropriate measures to bring about equal
opportunity in a totally voluntary basis as states above in goal ~5.
The list of objectives includes but is not limited to. the following:
1)
Give professional firms (architects, engin'eers, etc.); financial
institutions (savings and loan associations, etc.) which have
significant minority or female ownership interests or which are
located in the area, the right of first refusal to participate in
all aspects of the applicable stages of any activity.
Develop appropriate lists of organizations, businesses, and firms
that are at least 51% owned by minorities and females. Such lists
will be used by all potential and actual recipients of Community
Development Block Grant funds to specifically inform each such
firm, in addition to all other usual methods (advertisements, etc.);
that a Community Development Block Grant activity in which
they may wish to participate, is available.
4)
Contract trade and labor unions and professional organizations to
inform them of' the non-discriminatory policies and Community Develop-
ment Block Grant Affirmative Action Plan with which they should be
familiar. To every possible extent, foster programs which will up-
grade skill levels of female and minority workers and eliminate bar-
riers for participants in Community Development Block Grant acti-
vities.
Assist County-level Human Rifhts Groups, charged with the res-
ponsibility of enforcing local equal housing, employment and public
facility ordinances, to achieve appropriate Federal recognition of
local ordinances.
Request from each bidder and potential participant an enumeration
of its ownership and employment of females and minority groups.
Such information will be utilized in determining to what extent each
firm is actively seeking to implement affirmative action programs;
and to the extent, ~viH serve to assist in promoting equal oppor- ~
tunity in conjunction with the other assurances of the program.
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6)
Contact area residents to inform them of planned activity'in their
area, and advise rheem of potential employment possiblities. Such
a list for employment could also be paralleled with a housing list
(for planned housing rehabilitation and newly-constructed housing
programs), adapted to the particular type of planned activity.
Assist Community Development Block Grant fund recipients in
employee recruitment and selection methods to assure that test-
mg procedures are not unduly weighted in the hiring process.
Reduce the use of non-validated and mis-appLied tests which
might tend to exclude particular applicants or lend bias to
seniority or promotional opportunities for current employees.
Provide proper notification to current employees of existing
openings. Improve skills through an in-house program or
outside ins titution.
8)
Provide to potential Community Development Block Grant funds
recipients specific knowledge concerning methods to contact
low-income groups in an effort to expand the resources from
which the recipient, business, or firm may call upon to
implement the intent of equal opportunity.
Assist individuals and firms to become eligible for participation
through certification, licensing, bonding, or other recognized
requirements in a particular circumstance during the progres-
sion of stages in the Community Development Block Grant
Project.
Establish a system to monitor the goals and achievements of the
participant's affirmative action program; and to recommend changes
and additions where necessary to realize the total effectiveness and
actual results of the program.
The methods and techniques which are utilized to accomplish the five major
goals _~nd ten objectives, are crucial to the implementation and success of the
Affirmative Action Plan. Any one and perhaps several of these methods may
be used to accomplish the stated objectives. As a particular method or group
of-methods are used, improvements to existing- methods and the formulation
of new methods may be created. One of the aims of an affirmative action
plan is to seek to include new individuals, groups of individuals, businesses,
and organizations, often outside the mainstream of activity, the establishment
of new avenues of contact and communication are essential to the success of
the plan. The concomitant factors, equality of treatment of all people and
businesses, and amelioration of any past practices which tended to discrimi-
nate, form a second major building block in the affirmative action plan.
Both of these concepts must be included and utilized on a continuous basis
for the plan to succeed. Sporadic or one-time efforts do not serve to
accomplish the true meaning of equal opportunity; this is the raison d'etre
of affirmative action. Even the best intended application of equal oppor-
tunity laws 'by themselves may not in reality accomplish total equality, if
a segment of the universe of people is not included in the entire population_
from which selection is to be made.
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"~tMPLEMENTATION:
As a recipient of Federal Funds under the Community Development Block Grant
Program, the Palm Beach County Department of Housing and Community Develop-
ment must ensure that all projects, decisions, and actions within its juris-
diction are non-discriminatory. Therefore, it is the responsibility of the De-
partment of Housing and Community Development to take measures to imple-
ment a program of its own, and promulgate the intent to actively seek and
include any person of a low-moderate-income group who might not otherwise
participate in the benefits of the Community Development Block Grant
Program.
It is the CoUnty's hope to encourage voluntary Affirmative Action from both
contractor/subcontractor and the participating municipalities for projects funded
with Community Development Block Grant funds. We encourage the partici-
pating municipalities to follow all of the following listed action. However,
number 1 and number 5 will be required of participating cities as part of
their normal bid process.
1)
The County and participating cities will include, as a condition of
any HUD grant, contract, subcontract, loan insurance or grantee
involving federally assisted construction contracts or subcontracts
in excess of $10,000, the inclusion of the following Notice of Re-
quirement for Affirmative Action to Ensure Equal Employment
Opportunity, Equal Opprotunity Clause, and standard Federal
Equal Employment Opportunity Construction Contract Specifi-
cations in all solicitation for offers and bids on all federally
assisted construction contracts or subcontracts in excess of
$10,000 and their verbatim inclusion in all such contracts and
subcontracts. They shah be deemed to be a part of every
solicitation for bids and of every covered contract or sub-
contract, whether or not they are physically incorporated in
such solicitation or contract and whether or not the contract
is written. (see Appendix "C")
2)
Where not prohibited by state or local law, and where bids are
near or equal in submission, consideration should be given to
bidders whose firms are substantially (S1%) owned by NSA resi-
dents, and are defined as a small business by the Small Business
Administration Standards. (see Appendix E-2)
3)
Where not prohibited by state or local law, and where bids are
near or equal in submission, consideration should be given to
bidders whose Section 3 and/or Affirmative Action Plan appear
most likely to accomplish their stated goals.
4)
Upon receiving the notice of Invitation to bid from the County,
the Department of Housing and Community Development will send
a notice of pending contractural opportunities to appropriate NSA
con tracto rs / sub contracto rs.
5)
The County and participating Cities will insert into all Community
Development bid documents the required Section 3 Clause (24 CFR,
135.20 (b). (see Appendix "D")
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6)
7)
S)
The Department of Housing and Community Development will main-
rain a list of minority contractors/subcontractors within Palm Beach
County.
At the pre-construction conference all contractors/subcontractors doing
work under the Community Development Block Grant Program will be
informed of Sectien 3 affirmative action goals, the Section 3 Clause,
and Executive Order 11246 (Equal Employment Opportunity) by a
Community Development staff person.
After the award of bid, but before the start of the pre-construc-
tion conference, the contractor/subcontractor will be asked to sub-
mit to the Department of Housing and Community Development the
actual current utilization of minorities and women of his/her total
work force along with his/her anticipated hiring goals, ff any.
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TITLE 24
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
Employment Opportunities for Business and Lower Income Persons in
ConnectiOn With Assisted Projects. Part 135, Section ?0.
§ 135.70 Development of an affirmative action plan.
In developing an affirmative action plan, each applicant, recipient, con-
tractor, and subcontractor preparing to undertake work pursuant to a
Section 3 covered contract shall:
(a)
Set forth the approximate number and dollar value of all contracts
proposed to be awarded to all businesses within each category
(type or profession) over the duration of the Section 3 covered
project in question.
(b)
Analyze the information set forth in paragraph (a) of this section
and the availability of eligible business concerns within the pro-
ject area doing business in professions or occupations identi-
fied as needed in paragraph (a) of this section, and set forth a
goal or target number and estimated dollar amount of contracts
to be awarded to the eligible businesses and entrepreneurs with-
in each category over the duration of the Section 3 covered pro-
ject.
(c)
Outline the anticipated program to be used to achieve the goals for
each business and/or professional category identified. This pro-
gram should include but not be limited to the following actions'
1)
Insertion in the bid documents, if any, of the affirmative action
plan of the applicant, recipient, contractor, or subcontractor,
letting the contract; and
2) Identification within the bid document, if any, of the appli-
.cable Section 3 project area.
(d)
Indicate the anticipated process and steps which have been taken
and/or will be taken to secure the cooperation of contractors, sub-
contractors., and unions in meeting the goals and carrying out the
affirmative action plan developed pursuant to this subpart.
(e)
Take steps to insure that the appropriate business concerns in-
cluded in the Department's reg'istry for the Section 3 covered
project area are notified of pending contractural opportunities
either personally or through locally utilized media.
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(f)
(g)
(h)
(i)
All applicants, recipients, contractors and subcontractors which
so notify concerns included in the Department's registry of avail-
able con~racts and of opportunities to submit bids shah satisfy
all requirements of this Part for notification of business concerns
located within the Section 3 covered project area and business
concerns owned in substantial part by persons residing in the
Section 3 covered project area.
Take steps to insure that contracts which are typically let on a
negotiated rather than a bid basis in areas other than Section 3
covered project areas, are also let on a negotiated basis, when-
ever feasible, when let in a Section 3 covered project area.
Where competitive bids are solicited, require the bidder to submit
their utilization goals, and their affirmative action plans for accom-
plishing their g'oals, and in evaluating each bid to determine its
responsiveness, carefully evaluate the bidders' submission to deter-
mine whether the affirmative action plan proposed will accomplish the
stated goals.
When advantageous, seek the assistance of local officials of the
Department in preparing and implementing the affirmative action
plan.
In implementing its affirmative action plan, each applicant, reci-
pient, contractor, or subcontractor shall make a good faith
effort to achieve its goal or target number and estimated dollar
amount of contracts to be awarded to the eligible businesses
and entrepreneurs within each category over the duration of
the Section 3 covered project. Each applicant, recipient, con-
tractor, or subcontractor seeking to establish that a good faith
effort has been made to implement its affirmative action plan,
as required by this paragraph, shall as a minimum, set forth
evidence acceptable to the Secretary that is has implemented
the steps required by paragraphs (c), (d)', (e), (f), (g),
and (h) of this section and has ascertained from the Direc-
tor having jurisdiction over the Section 3 covered project,
the boundaries of the Section 3 covered project areas the
necessary eligible business concerns through- Local adver-
tising median, signs placed at the proposed site for the pro-
ject; and community organizations and public or private insti-
tutions operating within or serving the project area such as
Project Area Committees (PAC) in urban renewal areas, Model
Cities citizen advisory boards, Service Employment and Redevelop-
ment (SER), Opportunities Industrialization Center (OIC), Urban
League, Concentrated Employment Program or the U.S. Employment
Service, as well as the Chamber of Commerce and any equivalent
organizations in the Section 3 covered project area.
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APPENDIX "B"
TITLE 24
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
Equal Employment Opportunity under HUD Contracts and HUD Assisted
Construction Contracts.
§ 130.35 Affirmative action compliance program -- construction contracts.
(a)
Requirements of Programs: The Department or the applicant shall
require each Federal or federally assisted construction prime con-
tractor on projects costing $10,000 or more, regardless of the num-
ber of employees, and each Federal or federally assisted construction
prime contractor and subcontractor shah require each subcontractor
on projects costing $10,000 or more with a subcontract of $10,000 or
more, regardless of the number of employees, to develop a written
affirmative action compliance program.
(b) Purposes: The purposes of the written affirmative action program are:
1)
To identify areas of employment, employment policies and practices
which require action by the contractor or subcontractor to assure
equal employment opportunity to all employees and applicants for
employment without regard to race, color, religion, sex, or
national origin;
2)
To analyze these areas, policies and practices to determine
what actions by the contractor or subcontractor will be most
effective in assuring equal opportunity; and
3) To establish a plan to achieve employment opportunity through
those actions identified as potentially most effective.
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APPENDIX "C"
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION
TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246)
1)
The Offeror's or Bidder's attention is called to the "Equal Opportunity
Clause" and the "Standard Federal Equal Employment Opportunity
Construction Contract Specifications" set forth herein.
The goals and timetables for minority and female participation, ex-
pressed in percentage terms for the Contractor's aggregate work-
force in each trade on all construction work in the covered area,
are as follows-
(A) Goals for Female Utilization, All Trades-
AREA COVERED
Goals for Women apply nationwide.
GOALS AND TIMETABLES
Timetable
Goals
(percent)
From April 1, 1978 until March 31, 1979 ........................ 3.1
From April 1, 1979 until March 31, 1980 ........................ 5.1
From April 1, 1980 until l~i[arch 31, 1981 ........................ 6.9
(B) Goals for Minority Utilization'
Area covered: Palm Beach County
GOALS AND TIMETABLES 1
Goal
Trade (percent)
All ...................................................... 17.9
1For the life of the project.
These goals are applicable to all the Contractor's construction work (whether
or not it is Federal or federally 'assisted) performed in the covered area.
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