R03-185
II
RESOLUTION R03- ,85'
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE
CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH,
FLORIDA, FOR THE USE AND BENEFIT OF ITS
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM AND UNITED FORWARD, INC., AND UF
FLUID SYSTEMS, INC.; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach has entered into an agreement with
he United States Department of Housing and urban Development for a grant for the
xecution and implementation of a Community Development Block Grant Program
'n certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and
ommunity Development Act of 1974, (as amended); and
WHEREAS, the City of Boynton Beach, in accordance with the Annual
onsolidated Plan, and United Forward, Inc." & UF Fluid Systems, Inc desire to
rovide the activities specified in Part II of this Agreement; and;
WHEREAS, the City of Boynton Beach desires to engage United Forward,
c., & UF Fluid Systems, Inc., to implement such undertakings of the Community
evelopment Block Grant Program,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I.
The City Commission of the City of Boynton Beach, Florida
hereby authorize and direct the City Manager to execute an Agreement
etween the City of Boynton Beach, Florida and United Forward, Inc., and UF Fluid
ystems, Inc., a copy of said Agreement being attached hereto as Exhibit "A".
:\CA\RESO\CDBG - United Forward Agr 112503.da::l
II
Section 2.
This Resolution will become effective immediately upon
passage.
PASSED AND ADOPTED this ~ day of December, 2003.
CITY OF BOYNTON BEACH, FLORIDA
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R03-t8~
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
UNITED FORWARD. INC. & UF FLUID SYSTEMS. INC.
THIS AGREEMENT, entered into this Z day of "D~ her 20.Q5.. by and between THE CITY OF
BOYNTON BEACH, a political subdivision of the State of Florida, for the use and benefit of its Community
Development Block Grant Program, and United Forward, Inc. & UF Fluid Systems, Inc." a corporation
duly organized and authorized to do business in the State of Florida, having its principal office at 301
Yamato Road, Suite 2121, Boca Raton, Florida 33431, and its Federal Tax Identification Number as
65-0711988, hereinafter referred to as the "Company".
WHEREAS, the City of Boynton Beach has entered into an Agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to
Title I of the Housing and Community Development Act of 1974 (as amended); and
WHEREAS, the City of Boynton Beach, in accordance with the Annual Consolidated Plan, and
United Forward, Inc. & UF Fluid Systems, Inc. desire to provide the activities speCified in Part II of this
Agreement; and
WHEREAS. the City of Boynton Beach desires to engage United Forward, Inc. & UF Fluid Systems,
Inc. to implement such undertakings of the Community Development Block Grant Program.
NOW, THEREFORE, in consideration of the mutual premises and covenants herein contained, it is
agreed as follows:
PART I
DEFINITION AND PURPOSE
1. DEFINITIONS
1) "City" means City of Boynton Beach.
2) "CDBG" means the Community Development Block Grant Program of the City of Boynton
Beach.
3) "CID" means City of Boynton Beach Community Improvement Division.
4) "Company" means United Forward, Inc. & UF Fluid Systems, Inc.
5) "CID Approval" means the written approval of the Director of Development or his designee.
6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Urban Development
or a person authorized to act on its behalf.
7) "Low and moderate income persons" means the definition set by U.S. HUD.
8) "Held by or made available to" means the definition set by US HUD.
2. PURPOSE
The purpose of this Agreement is to state the covenants and conditions under which the Company
will implement the Scope of Services set forth in Part II of this Agreement. At least 51 percent (51 %)
of the jobs createdlretained through this Agreement must be held by, or made available to, low- and
moderate-income persons.
PART II
SCOPE OF SERVICES
The Company shall, in a satisfactory and proper manner as determined by CIO, perform the tasks
outlined in Exhibit "A" and submit invoices using the cover sheet in Exhibit "B", both of which are attached
hereto and made a part hereof.
PART III
COMPENSATION. TIME OF PERFORMANCE. METHOD. AND CONDITIONS OF PAYMENT
1, MAXIMUM COMPENSATION
The Company agrees to accept as full payment for services rendered pursuant to this Agreement the
actual amount of budgeted, eligible, and CID approved expenditures and encumbrances made by the
Company under this Agreement. Said services shall be performed in a manner satisfactory to CID. In
no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum
and total authorized sum of $50,000 for the period of December 02, 2003, through and including
November 30, 2004. Any funds not obligated by the expiration date of this Agreement automatically
revert to the City. Further budget changes within the designated Agreement amount can be approved
in writing by the Director of Development at his discretion up to ten percent (10%) on a cumulative
basis of the Agreement amount during the Agreement period. Such requests for changes must be
made in writing by the Agency to the CID. Budget changes in excess of ten percent (10%) must be
approved by the Commission of the City Of Boynton Beach.
2. TIME OF PERFORMANCE
The effective date of this Agreement and all rights and duties designated hereunder are contingent
upon the timely release of funds for this project under grant number B-01-MC- 12-0043. The effective
date shall be the date of execution of this Agreement, and the services of the Company shall be
undertaken and completed in light of the purposes of this Agreement. In any event, all services
required hereunder shall be completed by the Company by November 30, 2004.
3. METHOD OF PAYMENT
The City agrees to make payments and to reimburse the Agency for all budgeted costs permitted by
Federal, State, and City guidelines. In no event shall the City provide advance funding to the
Company or any subcontractor hereunder. Requests by the Company for payments or
reimbursements shall be accompanOOied by proper documentation of expenditures and should, to the
maximum extent possible, be submitted to CID for approval no later than thirty (30) days after the
date of payment by the Company. Payment shall be made by the City of Boynton Beach Finance
Department upon proper presentation of invoices and reports approved by the Company and CID.
Proof of payment and originals of invoices, receipts, or other evidence of indebtedness shall be
considered proper documentation. When original documents cannot be presented, the Company
must adequately justify their absence, in writing, and furnish copies. Invoices will not be honored if
received by the City of Boynton Beach Finance Department later than forty-five (45) days after the
expiration date of this Agreement, nor will any invoices be honored that predate the effective date of
this Agreement.
4. CONDITIONS ON WHICH PAYMENT IS CONTINGENT
(1) IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES
The Company shall implement this Agreement in accordance with applicable Federal, State, and
City laws, ordinances and codes, and amendments and additions thereto as may from time to
time be made. The Federal, State, and City laws, ordinances and codes are minimal regulations
which may be supplemented by more restrictive guidelines set forth by CID. No reimbursements
will be made without evidence of the appropriate insurance required by this Agreement on file
with CID. No payments for multi-funded projects will be made until a cost allocation plan has been
approved by the CID. Should a project receive additional funding after the commencement of this
Agreement, the Company shall notify CID in writing within thirty (30) days of receiving
notification from the funding source and submit a cost allocation plan for approval by the
CID within forty-five (45) days of said notification.
(2) FINANCIAL ACCOUNTABILITY
The City may have a financial systems analysis and/or an audit of the Company or any of its
subcontractors performed by an independent auditing firm employed by the City or by the City
Internal Audit Department at any time the City deems necessary to determine if the project is
being managed in accordance with Federal, State, and City requirements.
(3) SUBCONTRACTS
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be
submitted by the Company to CID and approved by CID prior to execution of any subcontract
hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and
regulations. This includes ensuring that all consultant Agreements and fee schedules meet the
minimum standards as established by the City of Boynton Beach Purchasing Department and
U.S. HUD. Agreements for architecture, engineering, survey, and planning shall be negotiated
fixed fee Agreements. All additional services shall have prior written approval with support
documentation detailing categories of persons performing work plus hourly rates including
benefits, number of drawings required, and all items that justify the "Fixed Fee Agreement."
Reimbursables will be at cost. None of the work or services covered by this Agreement, including
but not limited to consultant work or services, shall be subcontracted or reimbursed without prior
written approval of the CID.
(4) PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase
order or by a written Agreement and in conformity with the procedures prescribed by the City of
Boynton Beach Purchasing Ordinance, as well as 48 CFR Part 31 and 24 CFR Part 84.40-48,
which are incorporated herein by reference.
(5) REPORTS. AUDITS. AND EVALUATIONS
Payment will be contingent on the receipt of complete and accurate reports required by this
Agreement, and in the resolution of monitoring or audit findings identified pursuant to this
Agreement.
(6) ADDITIONAL CITY AND U.S. HUD REQUIREMENTS
The State or Federal funds being provided hereunder cannot be used as a match for other State
or Federal grants to the grantee and the grantee cannot submit requests for the same expenses
to more than one funding source or under more than one program.
CID shall have the right under this Agreement to suspend or terminate payments until the
Company complies with any additional conditions that may be imposed by the City or U.S. HUD.
(7) PRIOR WRITTEN APPROVALS-SUMMARY
The following includes but is not limited to activities that require the prior written approval of the
CID to be eligible for reimbursement or payment:
(a) All subcontracts and agreements pursuant to this Agreement;
(b) All capital equipment expenditures of $1,000 or more;
(c)AII out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter
112.061);
(d)AII change orders; and
(e)Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
(f)AII rates of pay and pay increases paid from funds provided hereunder, whether for merit or
cost of living.
PART IV
GENERAL CONDITIONS
1. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The Company agrees that no person shall on the ground of race, color, national origin, religion,
disability, age, familial status, or sex be excluded from the benefits of, or be subjected to
discrimination under any activity carried out by the performance of this Agreement. Upon receipt of
evidence of such discrimination, the City shall have the right to terminate this Agreement. To the
greatest extend feasible, 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 Agreements in
connection with the project. At a minimum, the Company shall comply with the Section 3 Clause of
the Housing and Community Development Act of 1968, as amended.
2. OPPORTUNITIES FOR SMALL AND MINORITY/wOMEN-OWNED BUSINESS ENTERPRISES
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Company shall make a positive effort to utilize small business and minority/women-owned business
enterprises of supplies and services, and provide these sources the maximum feasible opportunity to
compete for Agreements to be performed pursuant to this Agreement. To the maximum extent
feasible these small business and minority/women- owned business enterprises shall be located in or
owned by residents of the areas designated by City of Boynton Beach in the Annual Consolidated
Plan approved by U.S. HUD.
3. PROGRAM BENEFICIARIES
At least fifty-one percent (51%) of the jobs created/retained through this project must be held
by, or made available to, low- and moderate-income persons. If the project is located in an
entitlement city, as defined by U.S. HUD, or serves beneficiaries countywide, more than 30 percent
(30%) of the beneficiaries assisted directly through the use of funds under this Agreement must
reside in unincorporated City of Boynton Beach or in municipalities participating in the County's Urban
County Qualification Program. The Company shall provide written verification of compliance as
described in Exhibit A of this Agreement to CID upon CID's request.
4. EVALUATION AND MONITORING
The Company agrees that CID will carry out periodic monitoring and evaluation activities, as
determined necessary by CID or the City, during the term of this Agreement and during the periods of
time described in Exhibit A of this Agreement. The Company agrees to furnish upon request to CID,
the City or the City's designees and make copies or transcriptions of such records and information as
is determined necessary by CID or the City. The Company shall submit information and status reports
required by CID, the City or U.S. HUD, at CID's request, to enable CID to evaluate said progress and
to enable CID to complete reports required of CID by U.S. HUD. The Company shall allow CID or
U.S. HUD to monitor the Company on site. Such site visits may be scheduled or unscheduled as
determined by CID or U.S. HUD.
5. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as CID, the City, U.S. HUD, or the Comptroller
General of the United States may deem necessary, the Company shall make available all its records
with respect to all matters covered by this Agreement.
6. DATA BECOMES CITY PROPERTY
All reports, plans, surveys, information, documents, maps, and other data procedures purchased,
developed, prepared, assembled, or completed by the Company for the purpose of this Agreement
shall become the property of the City without restriction, reservation, or limitation of their use and
shall be made available by the Company at any time upon request by the City or CID. Upon
completion of all work contemplated under this Agreement copies of all documents and records
relating to this Agreement shall be surrendered to CID if requested. In any event the Company shall
keep all documents and records for three (3) years after expiration of this Agreement.
7. INDEMNIFICATION
The Agency shall protect, defend, reimburse, indemnify and hold the City, its agents, employees and
elected officers harmless from and against all claims, liability, expense, loss, cost, damages or
causes of action of every kind or character, including attorney's fees and costs, whether at trial or
appellate levels or otherwise, arising during performance of the terms of this Agreement or due to the
acts or omissions of the Agency. Agency's aforesaid indemnity and hold harmless obligation, or
portion or applications thereof, shall apply to the fullest extent permitted by law. The Agency will hold
the City harmless and will indemnify the City for funds which the City is obligated to refund the
Federal Government arising out of the conduct of activities and administration of Agency.
8. INSURANCE REQUIREMENT
Unless otherwise specified in this Agreement, the Company shall, at its sole expense, maintain in full
force and effect at all times during the life of this Agreement, insurance coverage, limits, including
endorsements, as described herein. The requirements contained herein as to types and limits, as well
as City's review or acceptance of insurance maintained by the Company are not intended to and shall
not in any manner limit or qualify the liabilities and obligations assumed by the Company under the
Agreement.
(1) COMMERCIAL GENERAL LIABILITY
The Company shall agree to maintain Commercial General Liability at a limit of liability not less
than $500,000 Each Occurrence. Coverage shall not contain any endorsement excluding
Contractual Liability or Cross Liability unless granted by City's Risk Management Department.
The Company agrees this coverage shall be provided on a primary basis.
WHEN APPLICABLE: Professional Liability Insurance shall have minimum limits of $500,000 per
Occurrence and $500,000 Aggregate.
(2) BUSINESS AUTOMOBILE LIABILITY
The Company shall agree to maintain Business Automobile Liability at a limit of liability not less
than $500,000 Each Occurrence for all owned, non-owned and hired automobiles. In the event
the Company does not own any automobiles, the Business Auto Liability requirement shall be
amended allowing the Company to agree to maintain only Hired & Non- Owned Auto Liability.
This amended requirement may be satisfied by way of endorsement to the Commercial General
Liability, or separate Business Auto coverage form. Company agrees this coverage shall be
provided on a primary basis.
(3) WORKER'S COMPENSATION & EMPLOYER'S LIABILITY
The Company shall agree to maintain Worker's Compensation Insurance & Employers Liability in
accordance with Florida Statute Chapter 440. The Company agrees this coverage shall be
provided on a primary basis.
(4) INSURANCE COVERING EQUIPMENT
The Company shall agree to maintain insurance coverage against theft, loss, damage, and loss
to persons or property in an amount not less than one hundred percent (100%) of the
replacement cost of the equipment purchased with funds under this Agreement for a period often
(10) years. The Company shall agree to be fully responsible for any deductible or self- insured
retention and agree to name the City as a Loss Payee on each policy as its interest may appear
in equipment purchased with funds under this Agreement.
(5) ADDITIONAL INSURED
The Company shall agree to endorse the City as an Additional Insured with a CG 2026 Additional
Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial
General Liability. The Additional Insured endorsement shall read "City of Boynton Beach
Commission, a Political Subdivision of the State of Florida, its Officers, Employees and Agents,
c/o Division of Community Redevelopment". The Company shall agree the Additional Insured
endorsements provide coverage on a primary basis.
(6) CERTIFICATE OF INSURANCE
The Company shall agree to deliver to the City a certificate(s) of insurance evidencing the
required insurance is in full force and effect within thirty (30) calendar days prior to the execution
of the Agreement. A minimum thirty (30) day endeavor to notify due to cancellation or non-
renewal of coverage shall be included on the certificate(s).
(7) RIGHT TO REVIEW & ADJUST
The Company shall agree the City, by and through its Risk Management Department, in cooperation
with CID, reserves the right to periodically review, modify, reject or accept any required policies of
insurance, including limits, coverage, or endorsements, herein from time to time throughout the life of
this Agreement. The City reserves the right, but not the obligation, to review and reject any insurer
providing coverage because of it's poor financial condition or failure to operate legally.
9, CONFLICT OF INTEREST
The Company covenants that no person who presently exercises any functions or responsibilities in
connection with the project has any personal financial interest, direct or indirect, which would conflict
in any manner or degree with the performance of this Agreement and that no person having any
conflict of interest shall be employed by or subcontracted by the Company. Any possible conflict of
interest on the part of the Company or its employees shall be disclosed in writing to CID provided,
however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede
the statutory requirement that maximum opportunity be provided for employment of and participation
of low and moderate-income residents of the project target area.
10. CITIZEN PARTICIPATION
The Company will cooperate with CID in the implementation of the Citizen Participation Plan by
informing project beneficiaries and the community of the activities the Company is undertaking in
carrying out the provisions of this Agreement.
11. RECOGNITION
All property purchased or constructed pursuant to this Agreement shall be clearly identified
as to funding source. The agency will include a reference to the financial support herein provided by
CID in all publicity. In addition, the agency will make a good faith effort to recognize CID's support for
all activities made possible with funds made available under this Agreement.
12. AGREEMENT DOCUMENTS
The following documents are herein incorporated by reference and made a part hereof, and shall
constitute and be referred to as the Agreement; and all of said documents taken as a whole constitute
the Agreement between the parties hereto and are as fully a part of the Agreement as if they were set
forth verbatim and at length herein:
(1) This Agreement, including its Exhibits
(2) 48 CFR Part 31
(3) City of Boynton Beach Purchasing Ordinance
(4) City of Boynton Beach's Tangible Property Disposal Ordinance
(5) Community Development Block Grant Regulations (24 CFR Part 570), as amended
(6) The Company's Incorporation Certificate
(7) The Company's Certificates of Insurance and Bonding
The Company shall keep an original of this Agreement, including its Exhibits, and all amendments
thereto, on file at its principal office.
13. TERMINATION
In the event of termination, the Company shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of the Agreement by the Company, and the City may
withhold any payment to the Company for set-off purposes until such time as the exact amount of
damages due to the City from the Company is determined.
A. Termination 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 part by giving written notice of such termination or suspension of payments and
specify the effective date of termination or suspension. The agency shall repay the full value of this
grant, unless otherwise specified by CID, within a time period specified by the City.
B. Termination Due To Cessation:
In the event the grant to the City under Title I of the Housing and Community Development Act of
1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated
effective on the date U.S. HUD specifies. In the event the Company ceases to exist, or ceases or
suspends its operation for any reason, this Agreement shall be suspended or terminated on the date
the City specifies. The determination that the Company has ceased or suspended its operation shall
be made solely by the City, and the Company, its successors or assigns in interest agrees to be
bound by the City's determination. At the City's sole discretion, the Company shall return all funds
received through this Agreement to the City within a time period specified by the City,
C. Termination for Convenience of City:
The City may terminate this Agreement at any time by giving at least ten (10) working days notice in
writing from the City to the Company. If this Agreement is terminated by the City as provided herein,
the Company will be paid for allowable services and allowable expenses under Part II of this
Agreement until the effective date of termination.
D, Termination for Convenience of the Company:
The Company may terminate this Agreement at any time by giving at least ten (10) working days prior
written notice to CID. If the Company has received funds through this Agreement, the Company shall
return all funds to the City prior to the termination of this Agreement.
14. SEVERABILITY OF PROVISIONS
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be
affected thereby if such remainder would then continue to conform to the terms and requirements of
applicable law.
15. AMENDMENTS
The City may, at its discretion, amend this Agreement to conform with changes in Federal, State,
City, or U.S. HUD guidelines, directives, and objectives. Such amendments shall be incorporated by
written amendment as a part of this Agreement and shall be subject to approval of the City of Boynton
Beach Commission. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both
parties.
16. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to CID at its
office at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435, and to the Company when
delivered to its office at the address listed on Page One (1) of this Agreement.
17. INDEPENDENT AGENT AND EMPLOYEES
The Company agrees that, in all matters relating to this Agreement, it will be acting as an
independent agent and that its employees are not City of Boynton Beach employees and are not
subject to the City provisions of the law applicable to City employees relative to employment
compensation and employee benefits.
18. NO FORFEITURE
The rights of the City under this Agreement shall be cumulative and failure on the part of the City to
exercise promptly any rights given hereunder shall not operate to forfeit or waive any of the said rights.
19. PUBLIC ENTITY CRIMES
As provided in F .S. 287.133 by entering into this Agreement or performing any work in furtherance hereof,
the Company certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform
hereunder, have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. This
notice is required by F.S. 287.133 (3)(a).
20. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twelve (12) enumerated pages, which include the exhibits referenced
herein, shall be executed in three (3) counterparts, each of which shall be deemed to be an original, and
such counterparts will constitute one and the same instrument.
21. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior Agreements, if any, between the parties hereto and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
WITNESS our Hands and Seals on this 2.
day of December, 2003.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA
, Political Subdivision of the State of Florida
BY:
~
CITY MANAGER
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PROVED AS TO FORM: ~ ffij. ~
Aosr, CITY ATTORNEY
United Forward, Inc. & UF Fluid Systems, Inc" a Florida corporation
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Wit 'ess
EXHIBIT "An
WORK PROGRAM NARRATIVE
I. The Company agrees to:
A. PURCHASE OF EQUIPMENT: Purchase equipment for use in the Company's manufacturing
facility at 4020 Thor Drive, Boynton Beach, Florida. Said equipment may include but not be
limited to extrusion line equipment. The Company shall hold title to the equipment.
NOTE 1: Purchase of said equipment is subject to the City Of Boynton Beach Purchasing
Ordinance. Under the Ordinance, the threshold dollar amount at or above which the formal
competitive sealed bid process must be used is $25,000. The Company shall submit its bid
package and specifications to CID and obtain a letter of approval prior to bidding. For
purchases from $1,000 to $24,999, the Company shall submit at least three written quotes.
The Company shall obtain the prior written approval of the Director of Development or
designee for the award of the contract to purchase.
NOTE 2: The Company will provide proof that leverage claimed by the Company has been
committed.
The Company further agrees that CID shall be the final arbiter on the Company's compliance
with the above.
B. INVENTORY AND MAINTENANCE: Within seven (7) days of the City reimbursing the Company
for the purchase of the equipment, the Company shall provide CID with a list of said
equipment that includes a description of the equipment; serial number or other identification
number, if applicable; source of the equipment; acquisition date; purchase price; and location
of the equipment. Additionally, the Company will make the equipment available annually for
inspection and inventorying by the City and must also provide annually to CID a report on the
condition and use of said equipment. CID reserves the right to inspect said equipment on
site.
The Company shall maintain said equipment, at the Company's own cost and expense, in
good repair and condition. The Company shall also keep the equipment insured for the
replacement cost of the equipment against theft, loss, damage, and loss to persons or
property.
The provisions of this clause shall survive the expiration of this Agreement.
C. DISPOSITION: Disposition of the equipment is subject to prior written approval of the Director
of Development or designee. If for any reason the said equipment is not maintained, used for
its intended purpose, or kept in a state of good condition, the Company shall repay the full
value of this grant, unless otherwise specified by CID. CID or its designee reserves the right
to make the determination relating to the Company's use and maintenance of any tangible
property purchased by the City Of Boynton Beach.
D. JOB CREATION: Subsequent to the effective date of this Agreement and within one (1) year of
the completion of the activity, the Company shall create 3.33 jobs, on a full-time equivalent
basis, where at least 51 % of the jobs will be held bv low- and moderate-income persons. A
full-time job shall mean employment for a minimum of 2,080 hours per year and for a wage or
salary equal to or better than the minimum wage as determined by the U.S. Department of
Labor. Low- and moderate-income status is based on the person's income at the time of hire
and is not affected by subsequent raises or promotions. Said jobs will include, but may not be
limited to, the jobs listed in Exhibit C. The Company will register said jobs with and consider
applicants referred by the Palm Beach County Workforce Development Board.
A full-time job shall mean employment for a minimum of 2,080 hours per year and for a wage
or salary equal to or better than the minimum wage as determined by the U.S. Department of
Labor. Low- and moderate-income status is based on the person's income at the time of hire
and is not affected by subsequent raises or promotions.
E. SECURITY AGREEMENT: To secure the grant amount, the Company hereby covenants and
agrees for a period of three (3) years commencing with the completion of the activity to
comply with the Job Creation requirements; and for a period of ten (10) years to comply with
the equipment use/disposition requirements. If for any reason the Company fails to comply
with the Job Creation or the equipment use/disposition requirements, the Company shall
repay the full value of this grant, unless otherwise specified by CID. The provisions of this
clause shall survive the expiration of this Agreement.
F. REPORTS: The Company shall submit the reports listed below to CID.
1) Monthly updates during the term of this Agreement that describe the status of the activity
funded under this Agreement.
2) Written verification of job creation, satisfactory to CID at CID's sole discretion.
Verification shall include job title, salary, fringe benefits, full-time equivalency status,
name and address of person hired, proof said person is low- and moderate-income, and
dates of employment. Said written verification shall be provided to CID at the completion
of the activity funded under this Agreement and annually therefrom for a period of three
(3) years commencing with the completion of the activity.
3) The Company's business tax returns for a period of three (3) years commencing with the
expiration date of this Agreement.
4) The list of equipment described in Section B above.
II. The City agrees to:
A. Provide up to $50,000 in funding as follows:
Extrusion Ii ne eq u i pment ................................................................................ $
TOTAL............................................... ................................................................ $
50.000
50,000
B. Provide project administration and inspection to the Company to ensure compliance with U.S.
HUD, the Department of Labor, and applicable State, Federal, County and City laws and
regulations.
C. Monitor the Company at any time during the term of this Agreement. Visits may be scheduled
or unscheduled as determined by CID, be conducted by CID staff or its subcontractors, and
will serve to ensure compliance with U.S. of HUD regulations, that planned activities are
conducted in a timely manner, and to verify the accuracy of reporting to CID on program
activities.
EXHIBIT "B'
LETTERHEAD STATIONERY
TO: Octavia S. Sherrod, Community Improvement Manager
City Of Boynton Beach - Community Improvement Division
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33435
FROM: Name of Sub-grantee:
Address:
Phone:
RE: INVOICE REIMBURSEMENT (Agreement R _ -
Attached, you will find Invoice # , requesting reimbursement in the amount of
$ The expenditures for this invoice covers the period
. You will also find attached back-up original documentation
through
relating to the
expenditures being invoiced.
Approved for Submission:
11
EXHIBIT "e"
Job Title
1. Service Technician & Tooling Manager
2. Extruder Operator
3. Braiding Machine Operator
4. Autoclave and mechanicals
5, Marking Operator
6. Cutting Machine Operator
7. Quench Machine Operator
8. Packager
9. Warehouse Worker
10. Sales Associate
12
Full-Time EQuivalencv Status
Full-Time
Full-Time
Full-Time
Full-Time
Full-Time
Full-Time
Full-Time
Full-Time
Full-Time
Full-Time
CITY OF BOYNTON BEACH
UNITED FORWARD INC &
DATE INVOICE NUMBER DESCRIPTION AMOUNT
12/10/2003 INV090903 GRANT 50000.00
.
UNITED FORWARD INC & 3694 TOTAL $***50,000.00
CITY OF BOYNTON BEACH
THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED ABOVE
IF NOT CORRECT PLEASE NOTIFY US PROMPTLY AT 561-742-6310.
CHECK NO.:
90895
CITY OF BOYNTON BEACH
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
Bank of America ~
63-4/630 ~
DATE: 1 2/1 2/2003
AMoUNTU<
$*****50,000.00
PAY FIFTY THOUSAND AND 00/100 DOLLARS ************************************
VOID AFTER 60 DAYS
PAY TO THE ORDER OF
UNITED FORWARD INC &
UF FLUID SYSTEMS INC
301 YAMATO ROAD, STE 2121
BOCA RATON FL 33431
TREASURER. FINANCE DIRECTOR - DEPT, TREASURER
u- 0 0 0 '1 0 8 '1 5u- I: 0 b :I 00 DOlt ? I:
. b . . ? 5 1 20 b II-