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R06-127 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION R06- i~7 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE ADOPTION OF THE CITY OF BOYNTON BEACH'S 2006-07 COMMUNITY DEVELOPMENT BLOCK GRANT ONE-YEAR ACTION PLAN; AUTHORIZING EXECUTION OF CONTRACTS WITH GRANT RECIPIENTS AS OUTLINED IN THE ACTION PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is entering into its tenth year of receiving 16 federal grant funds as an entitlement community; and 17 WHEREAS, a One-Year Action Plan has been developed with activities listed, 18 setting forth how the City intends to utilize the funds available to best address urgent needs, 19 which plan is attached hereto as Exhibit "A"; 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 23 as being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission of the City of Boynton Beach hereby approves the 26 adoption of the City of Boynton Beach's 2005-06 One Year Action Plan, which Plan is attached 27 hereto as Exhibit "A" and made a part hereof, and authorizes execution of contracts with grant 28 recipients. 29 Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO\06-07 One Year Plan (Comm Imp).doc - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 3 3 35 36 PASSED AND ADOPTED this I ATTEST: I ; yn. l'Acu~t) day of August, 2006. CITY OF BOYNTON BEACH, FLORIDA Ice Mayor - Carl M .~ t!:~ Commissioner - Robert Ensler / ~---- ( ~/ , missioner - Mack. ~ ~~ C.~~ I ~ommissioner - Muir C. erguson S:\CA\RESO\06-07 One Year Plan (Comm Imp).doc - 2 - h . \ AI' l=. X i b iT \ R Olo - I ~ 7 The CltJ of oJnton Ie ch Ce.I..n, 1..Ie,.... Iht' I..t '''~.I ~~~ ,~~, .~~~~~~ ,~~~ ~~te'e' ~M 'S'~~I'et ~"' Th CitJ f '.."" 'ft., t~ n. I", 8,,,.1... ~h, j '.' ,. ':" ~ ,. ," ,.,., ",' '# 'It", Kurt Bressner, City Manager Quintus L. Greene, Director of Development Octavia S. Sherrod, Community Improvement Manager City Of Boynton Beach Department of Development - Community Improvement Division 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435 www.boynton-beach.org Phone 561 .742-6066 Fax 561 .742.6089 APPLICA liON FOR Version 7/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier August 14, 2006 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Pre-application D Construction Id Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier I [] Non-Construction IJ Non-Construction b-06-MC-12-0043 5. APPliCANT INFORMATION Legal Name: Organizational Unit: City of Boynton Beach Department: Organizational DUNS: Division: 07-224-7133 FTB Address: Name and telephone number of person to be contacted on matters Street: involving this application (give area code) Prefix: First Name: 100 E. Bovnton Beach Blvd. Octavia City: Middle Name Boynton Beach County: Last Name Palm Beach Sherrod State: Zip Code Suffix: Florida 33435 Country: Email: United States sherrodo@ci.boynton-beach.fl.us 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) I Fax Number (give area code) @]@]-[]@][Q][]0~0 (561) 742-6066 (561) 742-6089 8. TYPE OF APPliCATION: 7. TYPE OF APPLICANT: (See back ofform for Application Types) o New It?JJ Continuation [] Revision f Revision, enter appropriate letter(s) in box(es) Other (specify) See back of form for description of letters.) 0 0 Other (specify) 9. NAME OF FEDERAL AGENCY: United State Department of Housing & Urban Development (HUD) 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPliCANT'S PROJECT: 00-000 Property acquisition, demolition and replacement, housing rehabilitation, Economic Development, public services to low income households and TITLE (Name of Program): persons throughout Boynton Beach. 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, ete.): 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: I Ending Date: a. Applicant I b. Project 10/01/06 09/30/07 15. ESTIMATED FUNDiNG: 16. IS APPliCATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $ uu D THIS PREAPPLlCATIONIAPPLlCATION WAS MADE 541,341 a. Yes. AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $ uu PROCESS FOR REVIEW ON c. State $ uu DATE: 605,770 d. Local ~ uu Illl PROGRAM IS NOT COVERED BY E. O. 12372 100,000 . b. No. e. Other ~ .uu [J OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program Income $ .uu 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $ uv o Yes If "Yes. attach an explanation. I1ZI No 1,247,111 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLlCATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE !ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. I s. Authorized ReDresentstivA PrefIX I First Name lMiddle Name Kurt Last Name lSuffix Bressner ~. Title City Manager Ie. Telephone Number (give area code) (561) 742-6010 ~. Signature of Authorized Representative Ie. Date Signed . . PrevIous Edition Usable Authorized for Local ReDroduction Standard Form 424 (Rev.9-2003) Prescribed bv OMB Circular A-102 CITY OF BOYNTON BEACH ONE YEAR ACTION PLAN FISCAL YEAR 2006-2007 TABLE OF CONTENTS Number Paae # Annual Action Plan Executive Summary...................................... 1-2 I. I ntrod uction ...................... ............................................. ... ........ ... .... 3-4 II. Citizen Participation .......................................... ............................. 4-5 III. Other Available Resources............................................................ 5.6 A. Community Development Block Grant B. Matching Funds IV. Activities To Be Undertaken........................................................... 6-9 V. Geogra phic Distribution..................................................................... 9 VI. Homeless and Special Needs Activities......................................... 10 VII. Lead Paint Hazard Reduction .......................................................... 10 VIII. Public Housing .......................................................................... ........ 11 A. Mad Dads of Boynton Beach B. Boynton Beach Faith-Based CDC IX. Other Actions (General) To Be Undertaken ............................. 12-14 X. Monitoring ... ... .... ... ... ................................................. ....... ................. 14 City Me p ... ... ........ .......... ............. ..... ....... ... ...... ................... ... ....... ..... 15 Census & Project Location Maps .............................................. 16-19 Proposed Projects....................................................................... 20-29 Certifications.................. ............ .... ............................................. 30-38 Appendix Meeting Notice and Minutes for March 29th, 2006 Notice of Workshop on April 6th, 2006 Meeting Notice for August 1st, 2006 Certified Copy of Resolution R06- CITY OF BOYNTON BEACH ANNUAL ACTION PLAN EXECUTIVE SUMMARY F~caIYear2006-2007 Description of Key Projects The City of Boynton Beach's Annual Action Plan details the planned use of various grant dollars in Federal, State Housing Initiatives Partnership (SHIP) and local match funds. The major focus of these funds is as follows: $108,268 Planning and Administrative costs associated with the CDBG Program $5,000 Fair Housing education to the public and private sector $49,400 Community Caring Center -Public Service delivery by an agency to provide emergency relief support to citizens $134,500 For special activities by Community Based Development Organizations designated to carry out neighborhood revitalization, community, and economic development programs $192,373 Housing Rehabilitation of substandard housing units for very low, low, and moderate-income homeowners, and the costs associated with the delivery of rehabilitation for these housing units $11,800 Summer Camp Scholarships for disadvantaged youth $15,000 Education Intervention to prevent domestic violence $25,000 Economic and Small Business Development $605,770 State Housing Initiatives Partnership funds for new homeownership opportunities and rehabilitation {SHIP} $1,000,000 State Housing Initiatives Partnership funds for Hurricane Housing Assistance to meet community needs {SHIP} Location All activities will focus within the Community Development Block Grant {CDBG} Target Area which houses the neighborhoods identified as those most in need of revitalization and stabilization. However, the city will not turn away any citizen who meets the income criteria and are in need or are living in unsuitable housing conditions. Housing Goals The plan provides for the rehabilitation and emergency repair of 40 owner-occupied housing units, the emergency repair of 20 housing units, and new homeownership opportunities for approximately 20 low and moderate-income families. Although housing rehabilitation activities maybe citywide, priority will be given to applicants located within the CDBG target area, as this is the area which reflects the city's majority of very low and low-income residents. Due to the constant increase in pricing of the city's housing market, SHIP homebuyer activities will continue to be aimed at homebuyers willing to locate in the target area. 2 CITY OF BOYNTON BEACH ANNUAL CONSOLIDATED ACTION PLAN FISCAL YEAR 2006-2007 I. INTRODUCTION The City of Boynton Beach entering into it's fifth year of implementation of its five-Year Consolidated Plan for 2002-2007 as well as it's tenth year as an entitlement community will continue to focus on various essential issues and areas of concern relating to the primary objectives of Title I of the Housing and Community Development Act of 1974, as amended, to provide decent housing, a suitable living environment, and expand economic opportunities for of citizens, concentrating on low and moderate-income persons. The City's Redevelopment Master Plan echo's these objectives by encouraging the development of a community that is diversified, progressive, balanced, self-sustaining, and stable. This year's Action Plan includes a description of the City's plans to utilize our formula allocation of federal Community Development Block Grant (CDBG) Program funding for activities and programs consistent with the Priority Needs delineated in the Five-Year Consolidated Plan and the statutory requirements. The City's Community Development Department in cooperation with Neighborhood Services, and Code Enforcement Administration will continue its vision for effective code enforcement and refuse collection, quality construction approval and monitoring, maintaining and expanding the inventory of affordable housing, creative and effective neighborhood stabilization and revitalization strategies and aesthetic enhancements through on-going beautification and planned development initiatives. A description of the City's plans to utilize formula funding of Community Development Block Grant funding for activities and programs that are consistent with the Priority Needs as described in the Five-Year Consolidated Plan is included in this years' Action Plan. 3 This Year's planned use of CDBG funds focuses on (among other things) the continued preservation and expansion of the City's affordable housing inventory, provision of subsidized child care services and programs for children of low-income families, fair housing education to the public and private sector, education in intervention to prevent domestic violence, economic and small business development, capacity building for Faith Based community initiatives, and the provision of other needed services to homeless and special needs persons. The City of Boynton Beach continues to dedicate its local resources to leverage various other funding sources in efforts to address community development needs identified to accomplish significant goals towards maintaining and promoting a strong viable community. II. CITIZEN PARTICIPATION The City of Boynton Beach makes a concerted effort each year to involve all interested citizens, organizations, homeowner's associations and other interested persons in our Consolidated Planning process. This year's effort to obtain citizen input and direction during the development of our Plan was the result of an Annual Needs Assessment Meeting held in Commission Chambers on March 29, 2006. Final approval of the Plan by the City Commission was granted at a public meeting held in the Commission chambers on June 20, 2006. Residents, citizens, applicant organizations and our network of Homeowners Associations were informed of the meeting through advertisement in a local newspaper of general circulation, and letters to local places of worship. The City of Boynton Beach makes every effort each year to involve all interest citizens, organizations, homeowner associations and others in our Community Development Block Grant Planning process. To ensure citizen input, the City of Boynton Beach has always gone beyond the required advertisement, by maintaining a database of 4 all active CIVIC organizations within the community. Information regarding this program is disseminated to these organizations in an effort to keep them informed. The City further utilizes an oversight committee of its citizenry to assist staff in reviewing requests for funding from sub-recipients. III. OTHER AVAILABLE RESOURCES A. Community Development Block Grant The City of Boynton Beach expects to receive $541,341 in CDBG funds for fiscal year 2006/2007. These dollars will be used to provide owner-occupied housing rehabilitation and the delivery costs associated with it to include emergency repairs, acquisition and relocation costs associated with the development of The Heart of Boynton Project, Fair Housing activities, Economic Development associated with job creation and retention, Domestic Violence advocacy education, and administrative costs associated with the CDBG program. B. Matching Funds The City of Boynton Beach receives State Housing Initiatives Partnership Program (SHIP) Funds, which may be used to fulfill match requirements of federal funds. SHIP funds are used for housing rehabilitation, down payment assistance, gap financing, and closing costs associated with housing delivery. The City's allocation for Fiscal Year 2006/2007 is expected to be $61 6,343 with 14% allocated for new construction, 41 % allocated for rehabilitation, 32% allocated for homeownership and rehabilitation, 10% allocated for administrative costs, and 3% allocated for home ownership counseling. The City has been granted an additional $1,000,000 to be expended over the next three years in emergency Hurricane funds from the SHIP program, which it intends to use for hurricane disaster prevention and recovery, land acquisition, rehabilitation, new construction, and the purchase of existing properties. 5 The City of Boynton Beach also anticipates applying for its share of additional CDBG dollars from the State of Florida in conjunction with Palm Beach County Housing and Community Development for hurricane damages resulting from hurricane Wilma. The City's SHIP program is targeted to provide increased funding in support of our owner occupied Housing Rehabilitation Program, as well as the primary funding source for the City's successful first-time home- buyer program. This program provides homeownership opportunities for families and households with incomes of up to 120% of the Median Family Income (MFI) for Palm Beach County. The Infill Construction program supports new construction activities as well as the acquisition/rehabilitation of existing units. The City of Boynton Beach continues with its redevelopment efforts with the project know as The Heart of Boynton by allocating $1,000,000 of general funds to continue with the acquisition of land. The City enjoys a definitive agreement with Clipper Cove Multi Family complex under terms agreed upon as a result of its participation for bond financing. Due to the property having been refinanced, it is uncertain exactly what the City's share will be, IV. ACTIVITIES TO BE UNDERTAKEN Community Development Block Grant funds in the total amount of $541,341 will be utilized in support of the City's commitment to community development. These funds will compliment other resources received and utilized to address identified needs. 2006/2007 Program year funds under the CDBG Program will be utilized in support of the following activities and programs: OWNER-OCCUPIED HOUSING REHABILITATION PROGRAM AND DELIVERY - $192.373 6 To provide housing rehabilitation assistance to approximately 20 owner-occupied residential homes located within the COSG Target area. This will include the administrative expenses associated with this activity with two full time positions. All program participants will be income certified as eligible in order to receive assistance. The primary goal of this program is to assist citizens in maintaining safe, habitable, and suitable living environments in an effort to stabilize our neighborhoods by preserving its housing stock. Funding will be leveraged with SHIP funds. AID TO VICTIMS OF DOMESTIC ABUSE, INC - 515,000 This activity provides a 24-hour crisis hotline for services, counseling, and case management for adults, elder victims, and children who are victims of domestic violence and abuse. AVOA provides a safe, confidential site, which is monitored 24 hours a day. Increased emphasis will be placed on children at schools located within the target area. This project focuses on education for children attending public schools within the area and will pay partial salary for a counselor. THE COMMUNITY CARING CENTER OF BOYNTON BEACH - 549,400 Provide for partial administrative salaries, as the center assists with emergency services to include food, shelter, and mortgage assistance, rent, utility bills, medication and transportation for low and very low-income. Other services include job counseling, job skills training, advocacy, and education. For fiscal year 2004/2005, this agency provided services for over 4,000 family units, and has exhausted all of its financial resources as of this date. 7 FAIR HOUSING CENTER OF THE GREATER PALM BEACHES - 55.000 Provide Fair Housing Initiatives designed to inform and educate the general public, housing industry groups, media, and financial institutions of their obligations concerning fair housing. They will monitor agencies for compliance with fair housing laws, and instruct the public to identify incidents of housing discrimination and inform victims seeking legal redress and relief. The goal is to combat housing discrimination and insure compliance with local, state, and federal fair housing laws. CITY OF BOYNTON BEACH RECREATION DEPARTMENT - 511.800 To provide scholarships for low-income City of Boynton Beach residents for the latch key summer camp program. These residents must also provide documentation that they meet the Palm Beach County School District eligibility requirement for free or reduced lunches. BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION - 562.500 Special activities by a Community Based Development Organization designated to carry out neighborhood revitalization and community economic development programs. This organizations primary purpose is the improvement of the physical, economic and social environment of its geographic area of operation, and will be addressing one or more critical problems of the area, with particular attention to the needs of persons of low and moderate-income. This activity will include comprehensive Community Redevelopment of the MLK and Cherry Hills community, and includes an Affordable Housing Development Initiative for the purpose of facilitating city staff . 8 R. M. LEE COMMUNITY DEVELOPMENT CORPORATION - 572.000 A Faith Based Community Development initiative located within the Heart of Boynton. which is centrally located within the target area and has major emphasis on social economic activities, to include education and job training of local low- income residents generally improving the quality of life for citizens of the target area. This organization continues to develop a major senior affordable rental housing project, providing 15 new units. PALM BEACH COUNTY RESOURCE CENTER - 525.000 TECHNICAL ASSISTANCE/BUSINESS ENTERPRISE This agency continues to provide technical assistance to upstart and existing businesses located within or wishing to locate to the Boynton Beach area. This assistance is in the form of Minority/Women Business Enterprise certification, development of business plans, loan packaging, and identifying various funding sources available to start businesses, bond packaging, and incorporation service. ADMINISTRATIVE - 5108.268 Costs associated with the planning, administrating, and execution of the Community Development Block Grant program. V. GEOGRAPHIC DISTRIBUTION Activities described in this plan will be concentrated within Census Tracts 5702, 6100, 6202, 6203, and 6300. Although activities relating to SHIP and most housing programs are citywide, the target area remains the area of preference. A location map is included. 9 VI. HOMELESS AND SPECIAL NEEDS ACTIVITIES The City has made a commitment to The Aid to Victims of Domestic Abuse agency to assist its clients who have been made homeless due to abuse with its affordable housing program. We will also help prevent homelessness by assisting homeless individuals and families locate available housing services and other needs required for them to become self-sufficient. The City continues its effort to attract new industry, small businesses and commercial development. Its efforts to combat poverty have focused on educational opportunities, job counseling, credit counseling, as well as economic development. All of these efforts are aimed specifically at sustaining its communities. VII. LEAD BASED PAINT HAZARD REDUCTION Only 1.5 % of the city's housing stock was built prior to 1972, and renters occupy 23% of those, combined with the city being primarily low density in nature, the potential for problems from lead based paint is not as probable as in most areas. The Palm Beach County Health Division responds to suspected incidences of lead based paint poisoning and routinely tests the young children of its clients. Although lead based paint does not appear to be a serious issue in the City of Boynton Beach, staff has been trained, certified and currently adheres to regulations that require testing and mitigation where applicable all units being rehabilitated using CDBG funding built prior to 1978, and make risk assessments. During the 2005/2006 fiscal year, there were no housing units affected by this regulation. This measure is to determine the necessary measures to be taken in order to create a safe environment for families occupying properties that are suspect of being contaminated as required by HUD's Lead- Based Final Rule, which was effective September 2000. (24 CFR 35). 10 VIII. PUBLIC HOUSING Public Housing within the City Of Boynton Beach is currently administered through the Palm Beach County Housing Authority, which in joint partnership with the City of Boynton Beach is currently undertaking a project to demolish the existing units within the Cherry Hills subdivision. These units have been deemed substandard, and beyond rehabilitation. The Authority is planning to replace these units with new units on other property it owns, and the city will make every effort to assist the tenants as first priority with replacement housing. The needs of that group are currently assisted by the following local agencies: A. Mad Dads of Boynton Beach Currently tutors approximately 75 Section 8 and public housing students at a local middle school in partnership with the Urban League of Palm Beach County and the local school district. It facilitates a summer academic enrichment camp with 110 students as well as an after school program at a local middle school. Emphasis was placed on Mathematics, Science, Social Studies, and English. B. The Boynton Beach Faith Based CDC Currently offers Youth and Family Development Initiatives, and business and skill development initiatives that were designed specifically with this target group in mind. These residents are the priority group for their housing initiative as well. A housing authority staff person serves on this agency's board of directors. This agency also facilitates a peer group of forty elementary students called "The Peace Keepers". Comprised of third, fourth and fifth graders and the assistance of two schools, the focus with this group is academic achievement. This group of economically disadvantaged children is also exposed to 11 IX. OTHER ACTIONS (GENERAL) TO BE UNDERTAKEN A. Address Obstacles to Meeting Under-served Needs The City of Boynton Beach is committed to meeting the needs of its diverse citizens. The city is constantly involved with numerous initiatives and collaborations with various agencies and service provider organizations dedicated to meeting the needs of our citizenry. Our mixture of programming efforts utilizing CDBG and SHIP funding with general revenue allows us to impact numerous needy families and households on an annual basis. Our networks of Homeowners/Neighborhood Associations foster communication throughout the City at the neighborhood and resident level. Each and every obstacle is addressed as it presents itself to the City and the Community Development Division. B. Foster and Maintain Affordable Housing The City is committed to the preservation of its current inventory of affordable residential housing units through the availability of several essential ongoing rehabilitation programs and neighborhood beautification initiatives. Our first time affordable housing program and housing rehabilitation program utilizes key funding made available under the State of Florida's State Housing Initiatives Partnership (SHIP) Program. In view of the housing the high cost of housing within Palm Beach County and median price range of $250,000 in Boynton Beach, The city utilizes SHIP funds for very low, low-mod families by leveraging dollars to assist First time home owners in achieving the American dream of homeownership. More importantly, the City of Boynton Beach has also partnered with the Boynton Beach Community Redevelopment Agency, who has set aside funding to leverage as much as $50,000 for each applicant attempting to purchase housing with its CRA boundaries. During the 2006/07 fiscal year, the City of Boynton Beach is attempting to increase its affordable housing inventory by at least 15 units. 12 C. Remove Barriers to Affordable Housing The City's Local Housing Assistance Plan (LHAP) delineates steps taken to eliminate barriers to affordable housing throughout the City. Currently the City is experiencing a shortage of vacant parcels for infill housing purposes. D. Reduce the Number of Poverty Level Families As described throughout this document, the City's holistic approach to Community Development provides various programming efforts and initiatives are aimed at reducing the number of poverty level families. Various partnerships with social service and housing providers greatly increase the effectiveness and efficiency of our commitment to reducing poverty. E. Develop Institutional Structure The City of Boynton Beach relies heavily upon various organizations to provide for its citizenry to fulfill its obligation to address our priority needs. These organizations are as follows: · Local Initiatives Support Corporation (L1SC) · Palm Beach County Division of Human Services · Palm Beach County Affordable Housing Collaborative · (A Consortium of Local Banks) · Palm Beach County Housing and Community Development · The Lords Place · Adopt-A-Family · The Department of Children and Family Services · Fair Housing Center of the Greater Palm Beaches, Inc. · Consumer Credit Counseling · Homeless Coalition of Palm Beach County · Aid for Victims of Domestic Assault (A VDA) · Committed Citizens Concerned about our Children 13 The collaboration between the City of Boynton Beach and these agencies is considered to be very proficient. The Community Improvement Division refers the city's citizens to any of these agencies on a regular basis, and usually has positive results. F. Enhance Coordination Between Public and Private Housing and Social Service Agencies The City of Boynton Beach continues to make an intense effort to inform its citizens of all resources that are available to them. The Community Development Division keeps a data base with contacts and numbers and often makes referrals to appropriate agencies as needed. These agencies also seNe as a vehicle to provide statistics indicating the number of citizens receiving seNices, which also is a good indication as to the types of seNices that are needed. X. MONITORING The City Of Boynton Beach continues to monitor CDBG funded projects, activities, initiatives and sub-recipients in accordance with regulations and statutes. The Community Improvement Division has developed and implemented a process for monitoring all sub- recipients that receive assistance for public seNice related activities. Construction supeNision of rehabilitation projects is conducted by City of Boynton Beach certified inspection staff during the entire rehabilitation process. Sub-recipients of CDBG funded activities enter into written formal contracts with the City Of Boynton Beach that were developed in accordance with governing regulations. Technical assistance is always available to sub-recipients. 14 rCI-i , .+, , \$': ~trv,<,o~ BOYNTON BE ," '. . . " 1,4 o 025 ~ ., ! ~., COBG TARGET AREA & CENSUS TRACTS (INCLUDES % OF HOUSEHOLDS BELOW POVERTY lEVEL) ~.'.-'.~Of' '~K~~ .':. )o~' ~,J:~.' Note: Percelltllge of households ....ow poverty level In ... city: 9% + - -- . (j) .S! 0) It) "<t N II .!: . "'C > a:l +-' en Q) S- u en Q) CJ) Z T""" 0') T""" N () o () "'C Q) en en a:l I ..c +-' en u. ..c u en Q) a:l c o +-' C ~ o a:l ... . a; .1!! 0) Lri N ('t) II .~ Q) ~ C Q) > <( ..c +oJ ~ W . Z L(') ~ ~ I So.... Q) +oJ C Q) () 0> C "C CO () ~ +oJ "- C ~ E E o () .. . Q) oS:! 0) Lri C\I (\") II .S ..... . 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I .0 :>> CI) cu "C i ~ '2 :>> E E o U ;..:.. en ...... c: o :;: c u o -' CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing - The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan - It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential anti-displacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug-Free Workplace - It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about: a) The danger of drug abuse in the workplace; b) The grantee's policy of maintaining a drug-free workplace; c) Any available drug counseling, rehabilitation and employee assistance plans; and d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 30 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will: a) Abide by the terms of the statement; and b) Notify the employer in writing or his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction; 5. Notifying the agency in writing, within ten (10) calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar day of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted: a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying - To the best of the jurisdiction's knowledge and belief: 1. No Federally appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; 31 2. If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. Authority of Jurisdiction - The Consolidated Plan is authorized under State and local law (as applicable) and the jurisdictions possess the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with Plan - The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 - It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. SIGNATURE/AUTHORIZED OFFICIAL DATE TITLE 32 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation - it is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan - Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing and expand economic opportunities primarily for persons of low and moderate-income (see CFR 24 570.2 and CFR 24 part 570). Following a Plan - It is following a current Consolidated Plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities that expect to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities that benefit low and moderate-income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available. 2. Overall Benefit. The aggregate use of CDBG funds during program year(s) 2005, 2006, and 2007 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate-income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period. 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds (including Section 108 loan guaranteed funds) by assessing any amount against properties owned and occupied by persons of low and moderate-income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an 33 assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless the CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the pubic improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force - It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. Compliance With Anti-discrimination Laws - The grant will be conducted and administered in conformity with Title VI or the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619) and implementing regulations. Lead-Based Paint - Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with the requirements of 24 CFR 570.608. Compliance With Laws - It will comply with applicable laws. SIGNATURE/AUTHORIZED OFFICIAL DATE TITLE 34 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS. A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug-Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowing rendered false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. For grantees other than individuals, Alternate I applies. (This IS the information to which jurisdictions certify.) 4. For grantees who are individuals, Alternate II applies. (Not applicable jurisdictions. ) 5. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon reward, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 6. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State 35 employees in each local unemployment office, performers in concert halls or radio stations). 7. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the changers), if it previously identified the workplaces in question (see paragraph 5). 8. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) City of Boynton Beach Community Improvement Division 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Check if there are workplaces on file that are not identified here (the certification with regard to the drug-free workplace required by 24 CFR part 24, subpart F). 9. Definitions of terms in the Non-procurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantee's attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 USC 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial bOdy charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including (i) all "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant, and (Hi) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the 36 grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of sub-recipients or subcontractors in covered workplaces). 37 MONITORING STANDARDS AND PROCEDURES Boynton Beach will monitor activities under its federal grant program and initiate monitoring plans for new programs as they are developed to meet the specific requirements of those programs. Key elements of the monitoring plan are: 1. Negotiate a project or activity specific sub-recipient agreement that identifies and quantifies the activities to be implemented and includes a budget showing the specific expenditures authorized. 2. Require monthly status reports and establish an on-site monitoring schedule based on the nature and complexity of the activity and the amount of the funds involved. 3. Provide technical assistance and training when the sub-recipient requests or requires it. 4. Review request for payment or reimbursement to assure that proper documentation is provided and that expenditures are for eligible activities under applicable rules and regulations, and authorized under the sub- recipient agreement. 5. Assure sub-recipients meet federal single audit requirements and review audits to assure that concerns and findings are addressed. 6. Assure compliance with other program requirements, such as labor standards and fair housing laws, through in-depth monitoring and program review. 38 APPENDIX ,.NQ.4()S6f6 ' ~.~~ ,COMMUNITY'DMLOP ,',' The COl11inl,loitYllllPrOVe'!lent [)ivi$ion Wir(hcl(cfdfr'ial:nf~ ~th~f ,re$idenls of 'f/ie C;i1~"of B9)'nf()r",~eac~as part of the planning process for ~~;;e:~J=~~:==~=i~;,~;:f=n~~, prepa~~;r:( ofthil :City'sJOl1e (1). Yeqri~ot) j)laJfC!*.Iiprogl'Ohl appli~, fion'~r:,sti~'ini~ion;fQ, theU ,S.Pe~~ljtpf}f()u'~rllird~~JJrban Develop; merit'.," , , , ' : ,'", ):.':' :;,,; ,I, ,\1":, "~" ' This ~pecla' ~tin9 'Wilr:~'hela~;~ 312006,Gt6:OO pm. in the Commission Chambers of City Hall, 100 E. Boynton Becic~ Blvd. ' COMMUNITYD ~' !&.,. . ," . The, City ofBoyntonl*sd\ oepatime'nt"of P.eV61o~~", ,~lJ\Hl~~1 <~~': provert1ent Division hereby annovncesthdt it Will be' ~1:F, '. G , ~p)iCatjons f9r~ndi~g lIilder..theCommilllily OeveIOp~nt"8Jtld( G~ilf Prdgrairi ,Tide I, Hoosingand', COmmunity Develop",ent ,Act of. , 974:;'QI" :aljJerid~,;~fQr fi$Cdl~r'~~2007.PartiGlpClfirig';~~b tions, arldolher mtei":esNld 'agtrides are inYlted, to ~it ~~:APP.fIcq:., tions ,thcif would ,h.rMlFit'veri 'I(!w; low. gnd m~~~;litsi~nljsi. specialrieeds;popuIQt\on,ol);aidin, the :Pf'Vl"ltiOn'oretirw~:of!"iJm; or blight; ormeef,~nllrge.nteOll1ii\unity 'developl;llent'n~"~!9ibfead;,*; 'ties include; among, others, ,~rio"'IQ-developm&rit, cic;:qbis'ifion ., Mt:P.ti'blic: purposes.C<.1piial impr,Qvem.e,nts;'~IiG ~rvi~siand hoU~l^g'Cciij~on, ' under#Ii:!J p'r9*ision$;TheCity~tO~~:~54l;341 fOi'FiscCil" Year20Q6/2'Q07;, , ' , ' , ' . =~~~::~~~~~~t:rt~~~*~~~=in~. nity Improvement Division must feceiveqILlzornplef~'CDBG Applications no later than 5:30 p.m. April 28, 2006. 'Any CDBG Applications received after this date and time will not be considered for funding." . ,. , CDBG applications will be CM:iilable"'ihe Match 29lh ineeii'ti9 at: Deportment of Development - Community Improveme~t Divi$ion 1 qo E, Boynton, Beach BlVd.( West Wing! ~Ion 8eQch, Florida 33435 . , Teleph~e 15611 742-6066 ' . . 'Office Hours: Mondav-FridC!}' 7:30 a.m, to 5:30 p.m. Direct questions to Octavia S.Sherrod, Community ImproVement Manager , ' PUB: March ,24, 2006 COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC PARTICIPATION MEETING HELD IN COMMISSION CHAMBERS, BOYNTON BEACH CITY HALL WEDNESDAY, MARCH 29,2006 @ 6:00 P.M. I. Opening Octavia Sherrod, Manager of the Community Improvement Division, City of Boynton Beach, moderated the meeting that was held for the purpose of explaining the Community Development Block Grant Program. Ms. Sherrod asked everyone to sign in so that she would know who had picked up applications. The meeting commenced at 6: 13 p.m. A list of attendees is as follows: Patience Bebbe David Zimet Aid to Victims of Domestic Abuse (A VDA) Boynton Beach Faith Based Community Development Corporation Citizens Concerned about our Children Corporation R.M. Lee CDC Palm Beach County Resource Council Palm Beach County Resource Council Garfield Hamilton Ann Stacey Wright Gail Reynolds Peggy Deal II. Overview of COSG Program A. History Ms. Sherrod explained this is the annual public meeting required by the Department of Community Affairs (DCA) for the Department of Housing and Urban Development (HUD) funds. The purpose of the meeting is to gather input and get recommendations to what the block grant dollars should be used for. These are funds that come to some states and local governments based on population and poverty levels that are used to address identified needs within the community. B. National Obiective The National Objectives were to · Benefit low and moderate-income persons · Address slum and blight · A particular urgent community development need. Ms. Sherrod reviewed the three national objects. She emphasized the third item was the funds could be used to address "a particular urgent community development need". In the past with Hurricanes Frances and Jean, some dwellings were severely damaged and displaced a lot of people. The funds were used to assist those persons for a variety of issues as noted on the list of types of eligible activities. C. Eliaible Activities Meeting Minutes COBG Public Participation Meeting Boynton Beach, Florida March 29, 2006 Ms. Sherrod reviewed the list of eligible activities, which are attached to the minutes. III. Using Sub-recipients A. Application Workshop Thursdav. April 6. 2006 9:00 - 11 :00 A.M. (Commission Chambers) Ms. Sherrod noted the workshop as above. IV. Public Audience Ms. Sherrod opened the floor for questions and the input of the general public. The allocation for Fiscal Year 2005/2006 was cut from $636,000 to $602,000. The funds are anticipated to go down another $100,000 in fiscal year 2006/2007. Those are the indications as to approximately what the funding would be. Ms. Sherrod indicated our leaders have visited Washington, D.C. in an effort to keep the program funded. They have expressed many concerns about the local needs. She encouraged anyone in the audience who is visiting Washington D.C., to help express the urgency and need for the program because they know what the needs are in the community. The following questions and comments were received: David Zimet: How will the downsize in budget affect Ms. Sherrod's set of priorities? Ms. Sherrod responded staff presents their list of priorities to the City Commission who ultimately determines and sets the priorities for the funding. Ms. Sherrod noted the grant allows 20% of the grant funds to be used for planning and administration and to pay for salaries, planning, supplies, etc. One sub-recipient the City generally funds is the Fair Housing Center of the Palm Beaches. This is a major concern because the organization helps the City facilitate the requirements for fair housing for purchasing homes, disseminating information to the public about how fair housing is administered and how it should be upheld. Fifteen percent of the funds are eligible to be used for public services such as AFDA domestic programs, mentoring programs, and Citizens Concerned about our Children. Ms. Sherrod noted housing is an issue. The City is interested in the success of businesses in the community and wants to draw businesses into the community. With jobs, people can maintain and obtain housing. The funding is needed to ensure these things continue in the community. The priorities are dependent upon the City Commission. Ms. Sherrod requested the public's comments. Peggy Deal of the Palm Beach County Resource Center: Are there any local issues that would cause a shift or any objectives of the commission that would be looked at? Small business is always needed for the tax base, but there are other issues that can be addressed? Ms. Sherrod responded she could not say what the City Commission at this point will indicate as their priorities. 2 Meeting Minutes COBG Public Participation Meeting Boynton Beach, Florida March 29, 2006 Peggy Deal: Do you foresee, because of the national climate that the budget will continue to shrink over the next five or six years? Ms. Sherrod responded from her mail and different interest groups, there is a major lobbying effort to keep this money available for communities. They are desperately working to keep the program alive. She expressed her hope the funds will stay at a level that will allow accomplishments to be made in our area, with housing, jobs and the education of children all important factors in our communities. Mr. Hamilton: Is there CDBG funding for small businesses? Ms. Sherrod invited Ms. Deal to respond to the question. Ms. Deal responded they used to be the minority business center and received funding for 14 years, but a shifting of the federal budget cut the program. Six centers in Florida were closed but one reopened in the Miami area. They then formed a non-profit to continue to provide information to the small business community. There is counseling and training, but no other organization provides hands on training. They tied their funding with the local government. They have been proactive and assisted with everything from start up, corporation, occupational licenses, workers compensations issues, with their aim being very hands on. If they need a loan, they do the loan package and all the due diligence processes involved. The Director has packaged loans and not one loan package has been denied. They are a non-profit agency and will do what is in the best interest of the small business client. They provide management assistance, financial, legal, real estate, etc. They were funded by the City of Boynton, Delray, Riviera, West Palm Beach and they subsidize the costs of these services. She provided an example of a construction management program at FAU, which was a stand-alone program that was made possible because the City of Boynton Beach provided the grant funds. The first class that attended the class had a general contractor who had been in business and was making about $300,000 per year in gross income. In 18 months he went up over a million dollars. Ms. Sherrod added it is not uncommon for their office to receive calls about how to get started. There are existing businesses, and the mom and pop businesses. She always sends them to the resource center. They also steer them to other funding sources to obtain grants for their businesses. They have been quite helpful. Mr. Zimet: We provide homebuyer education and help people prepare to receive SHIP funds (State Housing Initiative Partnership) funds, which go to municipalities for homebuyer assistance. First time homebuyer means an individual has not owned a home in three years. He explained current rents could be a mortgage payment. They also have a handyman program, which helps people, more specifically, the elderly and infirmed who cannot do their own maintenance. They also work with code enforcement and assist with the repairs for appropriate individuals via volunteers, who clean up the yards, put down sod, help with irrigation, etc. Ann Wright: Right now they are working with employment assistance programs. They assist individuals with their resumes and go on-line for job searches. Once they get set up for an interview, they try to obtain training for them. The also do community outreach with a Thanksgiving Assistance Program. During the hurricane, they fed many people. They are trying to build a low-income elderly facility in the community. 3 Meeting Minutes COBG Public Participation Meeting Boynton Beach, Florida March 29, 2006 Ms. Sherrod noted a lot of elderly people can no longer maintain housing, and can't afford to rent or go to nursing facilities. The COC is designing and accumulating land to develop affordable housing. Patience Bebbe: Aid to Victims of Domestic Abuse is a 24 hour domestic abuse shelter they provide wherein an individual would stay approximately six to eight weeks. They have transition programs also in place. Last year there were about 6,000 arrests in Palm Beach County and many go unreported. This is the number one crime in the county. In Boynton Beach, six calls a day are domestic related. They have outreach services, shelters, and education programs in the schools. Ms. Sherrod: The City of Boynton Beach funds the educational component here in the schools. A VOA is the only organizations on this side of the. county to provide these services. Mr. Hamilton: Citizens Concerned with our Children indicated they focus on community-based children's services. They have targeted children who may not make it to the after school tutorial programs, or those associated with the Police Athletic League (PAL) who may not be doing well in school. They wanted to work with the schools and provide the tutoring. They help them obtain supplies and also help other community-based organizations obtain supplies. They consult with the schools to learn what to get these other organizations to extend the services further out into the community. Mr. Hamilton was a small business owner and would like to see who they can help. He would like to assist develop students to become more employable as they move through the system. Ms. Sherrod closed the floor to comments and indicated she has applications available. Anyone wishing to have applications e-mailed was invited to provide their e-mail address. v. Adjournment There was no further business and the meeting adjourned at 6:45 p.m. Respectfully submitted, Catherine Cherry-Guberman Recording Secretary 033106 4 S~~~tD8G\~lQt-lN,~ SUMMARY OF THE COMMUNITY DEVELOPMENT BLOCK GRANT The Community Development Block Grant Program (CDBG) was created by Congress with the passage of the Housing and Community Development Act of 1974, as amended. Section 101(c) of the Act [42 U.S.C. 5301(c)] outlines the following: "The primary objective of Title 1 of the Housing and Community Development Act of 1974, as amended, and of the Community Development Program of each grantee under the Title is the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally to persons of low- and moderate- income. Consistent with this primary objective, not less than 70.0 percent of CDBG funds received by a grantee shall be used in accordance with the applicable requirement for activities that benefit persons of low- and moderate-income." The United States Department of Housing and Urban Development (HUD) places administrative responsibility for the CDBG Program in the City of Boynton Beach on the City Commission. In an effort to create viable urban settings, principally for persons of low- and mOderate-income, the Community Improvement Division may utilize such programs as: Housing Rehabilitation, Emergency Assistance, Relocation, Capital Improvements, Demolition, Economic Development and Public Service Programs. The Community Improvement Division, Department of Development, established CDBG Planning and Target Areas through the adoption of the Six-Year Redevelopment Plan during 1991. The Plan identified NeighborhoOd Strategy Areas (NSAs) and Code Enforcement Areas (CEAs) in the City of Boynton Beach. The Community Improvement Division welcomes your application submission. We will provide technical assistance, if needed. If vou have anv auestions reaarding this aDDlication. Dlease contact the Community Improvement Division at 742-6066. The City Of Boynton Beach Community Improvement Division will hold a workshop on Thursday, April 6th, 2006, in Commission Chambers from 9:00 - 11:00 a.m. to assist applicants with any questions they may have regarding the application process. Reservations are not required, but please have any questions and/or concerns prepared so that they may be addressed promptly. CDBG Workshop Thursday, April 6, 2006 PLEASE SIGN IN Name/Oraanization Phone # ~d ) \\ \ \r~~lJ lOR. OO~ r' ! $::\~~COIIG\~ms\S1GtHN,~ " /. '. ,'.:." '. . . ..... ';it ., .'.' ....... "... ~ " . ., ' ",' ...... .NO', 421~-:"'" , . ",'CITY OF '80Ymo'. . ::', ."N N..""BEACH.' :' ~:' . ..DEPAlT~....,..~'''MENT " ( . \ COMMUfWJ:~"." . i'; ... \., :IMPRO._~bMSION" ;: i.: OOMMuNWgeVaOP.Me.Nf.~Bl~~Couo). " . ,...:.c ....' ". ' :: ":1i.e.'dY.' J"~'I~i~.b ~$5ii 34f?';.;'.' .::.~ ',: ~.N!1d'nO~. ~e~l,;.,f ~qiQ~~i~&'~;bary~.:~'.?~' ~~':.' : ~:.~rfo(f'f~/2QQ7':' ~~: {OIfOv(in9:'rea.?n,m,~: . ":, ~.. '.':: , ',~ ':. ...'. ~.QOd'~ ka;-,the t,"....:.CQmmjSsio.n,,~. .~.. .' .' ,p, .. . "'f't!'~vw. ~1.. ,'iA'T . " .., .'.. . 1l1' ..' , '$Cts Ond~ li&tedb8low. . ',', ,',- .'\ " ',' .( ; ;.'~lD'(~~~~c~.uu...;.:.:u..;";.I~~t1 . ~ .' '. ' ',~.~JQ,1h8Osecl a;x:........,....~1.;'.~.r..,;,4~~;..,;;. .~ :;:.~: " '. ~p,~~pS.~.....;.:......:~.~......:'_:...........~.;::;.:.l.1J'~:;:S~~;: . Gqri1rmmity,COr:lRg Center ..~.........:...............,....-49"... '. : 'F" U~.' . 'r.~-~t.Ih" oft r n';':"'~t." .' 'It!,. .,., ..." '.., . ,O'l'" rllolU.SlIlg '-.cII'ROI '91'. e rQ,m'Pt:!I>laJ8S...; .........;...i{ll.:;" , .; ." .'.~?4~~.:~:.:::t::::::..~,.." F,,; , '. ,,' PlQnntafi&.J<<ImIl,!I~.... ~;,.;;;..,:..;...;..,......~.. -1 : .', '.:;:~~MS:~'CDt:.:.;....~,....;.i.;"'~'~'''':':'''''':~''''''''~''''''~;~: 'PrlSi: :totheir.:~rig~(A.ug6st 1 i 2006" !l.:~~~:';.' :fipprovalof!he Otfs O,ne'Year Adidn P:lan:wm:~< ,: ',the pla,n ~II ~qVQi~ fo.r Public ,Inspection a~:~~. :' ,:'<f>'l1.mUfljt1'III1~ent Dlvisi~ 'o$c8' tocatBd.' ".,in, lh~t:,;,: . i'bf,qtyHb1Ii~dt'100E;Boynta1~9Mt... ",~": '.' ,.~dci~~~5~.W~'.,:~'1i~~ ~rl.lhe~,~~~;' ' ..:': I;ithot..J'h<t9riIn!''1t~~~qRie ~Gddr8s5 'c:ril~' . ~: ."~AQ'~,s:..:~: i~.y;I"~_l? '. '. ":("j:o~'l'!'i:J'~:.ii(:ilL) at"'iL:;;,..,;;.iiL:"~"',;,.:LJ':";:'''':' ,m. ",::;."".~",::,:v,.;;".< .,. , '. "..-NT~'fQUOa JJN""DO'fc~~ ',. .."...,...,,,y.I" '.;':/. 'u\~z~,~;, 'J' 5:: ,.t(/. ::-.' ; /' . ,..: .,':~'-- .;;: ~i:f~' .'., ~,~:~, ;'.-!.iI .,..;."~~.." "'r..: ' '..{ : Certified Resolution ROb-I9.1 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND COMMUNITY CARING CENTER of BOYNTON BEACH, INC. THIS AGREEMENT, entered into this PJ day of AUGu5r . 2006, 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 COMMUNITY CARING CENTER of BOYNTON BEACH, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 145 N.E. 4th Avenue, Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 65-0447796. 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, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and COMMUNITY CARING CENTER of BOYNTON BEACH, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage COMMUNITY CARING CENTER of BOYNTON BEACH, 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 A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CIO" means Division of Community Redevelopment 4) "The Agency" means COMMUNITY CARING CENTER OF BOYNTON BEACH, INC. Page 1 of 16 5) "CIO Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CIO Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on u.s. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Puroose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CIO, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, 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 CONDmONS OF PAYMENT A. Maximum Comoensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CIO. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $49,400.00 for the period of October 1,2006 through September 30,2007. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. 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 in U.S. HUD Community Development Block Grant No. B-06- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CIO, and 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 Agency by September 30, 2007. C. Method of Pavment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CIO for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CIO. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CIO. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Pavment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CIO Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CIO Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CIO in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CIO Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CIO Manager or his designee and placed on file with CIO. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CIO in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency 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 the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Su bcontracts 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 Agency to CIO and approved by CIO prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. 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 the prior written approval of the CIO Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CIO and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CIO, CITY and U.S. HUD Requirements CIO shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CIO, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CIO Manager or his designee 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) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CIO. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 cm the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERALCONomONS A. Oooortunities for Residents and Civil Riahts Comoliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Oooortunities for Small. and Minority/Women Owned Business Enterorises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CIO upon CID's request. D. Evaluation and Monitoring The Agency agrees that CIO will carry out periodic monitoring and evaluation activities as determined necessary by CIO or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CIO, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CIO, information and status reports required by CIO, the City, or u.s. HUD on forms approved by CIO. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CIO in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Insoections At any time during normal business hours and as often as CIO, the City, u.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CIO, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CIO, the City, U.S. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CIO within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Prooertv All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency 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 Agency at any time upon request by the City or CIO. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CIO, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, 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 the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 1. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement 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 Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CIO 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 lower-income residents of the project target area. J. Citizen Particioation Agency shall cooperate with CIO in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CIO or the City. K. Project Publicitv All facilities purchased or constructed pursuant to this Agreement should be c1eariy identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated' by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID. Items 9 through 14 above shall be transmitted to cm by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency 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 Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) 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. N. Severabilitv 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. O. Leveraaina The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CIO. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. 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. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CIO at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Indeoendent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor 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. S. Public Entitv Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor 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. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counteroarts of This Aareement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the e day of At,:tG~:ST ,2006. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLO Political Subdivision of the State of Florid Yn.A APPROVED AS TO FOR . COMMUNITY CARING CENTER of BOYNTON BEACH, INC. Br. Z'1.L-J- {t;~ . . By: [CORPORATE SEAL] Page 14 of 16 COMMUNITY CARING CENTER of BOYNTON BEACH, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees, within the time line of October 1, 2006 through September 30, 2007, to provide the following services: A. Food Pantry at the Community Caring Center office and at the Boynton Beach Senior Center. B. SHARE (Self Help and Resource Exchange) Program at the Ezell Hester Center. C. Financial Aid for transportation, utility bill payment, rent and/or mortgage assistance, and medication vouchers. D. Nutrition Education to kindergarten students. E. Volunteer caregiving for the frail and elderly (Faith in Acton Program), to include advocacy regarding nutrition, food, aging, and domestic violence. F. Referral services. G. Hurricane recovery financial aid, food vouchers at the Beacon Center, and long term hurricane case management. H. Homeless outreach program partnering with Grace Community Church. 1. Food Stamp community partnership with DCF assisting clients to obtain food stamps. J. Report the receipt of any income earned by the Agency to the cm Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to cm and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. Reimburse the Agency for the following budget items: Salaries................................................................................................ 35,400 (15% of the Executive Director's Salary; three (3) part time case managers) Utilities.................................................................................................. 1,000 Insurance.............................................................................................. 6,000 Food Pantry Auto Insurance .................................................................... 3,000 Mortgage............................................................................................... 1,000 Audit..................................................................................................... 3.000 TOTAL............................................................................................... .$49,400 B. Provide technical assistance to ensure compliance with CIO, u.s. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CIO, be conducted by CIO staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CIO on program activities. Page 15 of 16 COMMUNITY CARING CENTER of BOYNTON BEACH, INC. EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone] INVOICE REIMBURSEMENT Subject: Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 RCIo-Ia.7 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY RESOURCE CENTER THIS AGREEMENT, entered into this [3 day of Aw:,U5r , 2006, 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 PALM BEACH COUNTY RESOURCE CENTER, a non- profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 2001 Broadway, Suite 250, Riviera Beach, Florida 33404 and its Federal Tax Identification Number as 65-0880746. 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, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and PALM BEACH COUNTY RESOURCE CENTER desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage PALM BEACH COUNTY RESOURCE CENTER 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 OEFINmON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Division of Community Redevelopment 4) "The Agency" means PALM BEACH COUNTY RESOURCE CENTER Page 1 of 16 5) "CIO Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CIO Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Puroose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CIO, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, 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 CONDmONS OF PAYMENT A. Maximum Comoensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CIO. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $2S,000.00 for the period of October 1,2006 through September 30,2007. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. 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 in U.S. HUD Community Development Block Grant No. B-06- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CIO, and 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 Agency by September 30, 2007. C. Method of Pavment The City agrees to make payments and/or to reir'nburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CIO for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CIO. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CIO. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Pavment is continaent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CIO Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CIO Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CIO in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CIO Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CIO Manager or his designee and placed on file with CIO. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CIO in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an, internal fiscal control evaluation of the Agency 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 the capability of the Agency to fiscally manage the project 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 Agency to CIO and approved by CIO prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. 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 the prior written approval of the CIO Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CIO and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CIO, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CIO, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CIO Manager or his designee 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) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CIO. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CIO's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Oooortunities for Residents and Civil Riahts Comoliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Oooortunities for Small, and Minoritv/Women Owned Business Enterorises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Proiect Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "Au of this Agreement. The Agency shall provide written verification of compliance to CIO upon CIO's request. D. Evaluation and Monitorina The Agency agrees that CIO will carry out periodic monitoring and evaluation activities as determined necessary by CIO or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CIO, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CIO, information and status reports required by CIO, the City, or u.s. HUD on forms approved by CIO. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Insoections At any time during nomnal business hours and as often as CIO, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CIO, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CIO, the City, U.S. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CIO within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Prooerty All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency 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 Agency at any time upon request by the City or CIO. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CIO, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, 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 the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 1. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement 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 Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CIO 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 lower-income residents of the project target area. J. Citizen Particioation Agency shall cooperate with CIO in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CIO or the City. K. Proiect Publicitv All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by C!D. Items 9 through 14 above shall be transmitted to C!D by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency 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 Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) 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. N. Severabilitv 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. O. Leveraaina The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CIO. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or u.s. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. 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. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CIO at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Indeoendent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor 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. S. Public Entitv Crimes As provided in F.s. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor 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. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counteroarts of This Aareement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the B day of AUGUST ,2006. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida APPROVED AS TO FORM: h PALM BEACH COUNTY RESOURCE CENTER By, p~ g:;;b Ey:ec.... . .0 ~~o< By: [CORPORATE SEAL] Page 14 of 16 PALM BEACH COUNTY RESOURCE CENTER EXHIBIT A WORK NARRATIVE I. The Agency agrees to, within the time line of October 1, 2006 through September 30, 2007: A. Provide management and technical assistance to small businesses located within the City Of Boynton Beach. B. Provide procurement assistance to minority owned businesses located with the City Of Boynton Beach by providing certification packages, estimating assistance, access to plans room, opportunity matching, and dissemination of Dodge Reports. C. Provide management and marketing assistance to businesses participating in the program by providing assistance in developing business plans, feasibility studies, strategic analysis, incorporation services and the coordination of procurement and special events. D. Provide financial services in the form of loan packaging, surety bond packaging, letter of credit requests, and data modification packages. E. Report the receipt of any income earned by the Agency to the CIO Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CIO and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. Reimburse the agency for the following budget items: Initial Program Setup Costs (Labor & Materials) ........................................ 4,000 Plans Room Update & Opportunity Identification ....................................... 2,500 Completion of packages ........................................................................ 18.500 (Certifications, loan~ business plans, incorporations, take-offs & financial projections) TOTAL............................................................................................... .$25,000 B. Provide technical assistance to ensure compliance with CIO, U.s. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CIO, be conducted by CIO staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CIO on program activities. Page 15 of 16 PALM BEACH COUNTY RESOURCE CENTER EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 3342S-031O From: [Name of Sub-grantee] [Address] [Telephone] INVOICE REIMBURSEMENT Su bject: Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 "Rob-tal AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. THIS AGREEMENT, entered into this 8 day of AU(;usr . 2006, by and between the City of Boynton Beach, a political subdivision ofthe State of Florida, for the use and benefit of its Community Development Block Grant Program and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 1300 West Lantana Road, Suite 200, Lantana, Florida 33462 and its Federal Tax Identification Number as 65-0972629. 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, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, 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 DEFINmON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CIO" means Division of Community Redevelopment 4) "The Agency" means FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. Page 1 of 16 5) "CIO Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CIO Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Puroose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CIO, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, 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 CONDmONS OF PAYMENT A. Maximum Comoensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CIO. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $5,000.00 for the period of October /, 2006 through September 30, 2007. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. 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 in U.S. HUD Community Development Block Grant No. B-06- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.s. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CIO, and 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 Agency by September 30, 2007. C. Method of Pavment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CIO for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CIO. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CIO. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Pavment is continaent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CIO Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CIO Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CIO in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CIO Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CIO Manager or his designee and placed on file with CIO. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CIO in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency 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 the capability of the Agency to fiscally manage the project 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 Agency to CIO and approved by CIO prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. 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 the prior written approval of the CIO Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CIO and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CIO, CITY and U.S. HUD Requirements CIO shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CIO, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CIO Manager or his designee 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) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CIO. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CIO the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CIO's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Oooortunities for Residents and Civil Riahts Comoliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Oooortunities for Small. and Minoritv/Women Owned Business Enterorises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton' Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Proiect Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CIO upon CIO's request. D. Evaluation and Monitorina The Agency agrees that CIO will carry out periodic monitoring and evaluation activities as determined necessary by CIO or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CIO, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CIO, information and status reports required by CIO, the City, or U.S. HUD on forms approved by CIO. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CIO in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Insoections At any time during normal business hours and as often as CIO, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CIO, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CIO, the City, u.s. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CIO within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes Citv Prooerty All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency 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 Agency at any time upon request by the City or CIO. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CIO, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, 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 the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 1. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement 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 Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CIO 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 lower-income residents of the project target area. J. Citizen Particioation Agency shall cooperate with CIO in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CIO or the City. K. Project Publicitv All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) lItle VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and lItle II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's SOl@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by DD. Items 9 through 14 above shall be transmitted to cm by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency 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 Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) 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. N. Severabilitv 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. O. Leveraaina The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CIO. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. 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. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CIO at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Indeoendent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor 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. S. Public Entitv Crimes As provided in F.s. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor 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. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counteroarts of This Aareement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the 8 day of At.t;U:5T .2006. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida APPROVED AS TO FORM. FAIR HOUSING CENTER OF THE GREATER PALM BEACH By: By: [CORPORATE SEAL] Page 14 of 16 FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees to, within the time line of October 1, 2006, through September 30, 2007: A. Operate a toll free hotline providing counseling information, investigation and referrals. B. Conduct four (4) Fair Housing workshops for community based organizations, civic groups, electronic/print media, financial institutions and others in the housing industry. C. Network with public and private agencies to jointly address fair housing issues. D. Assist the City Of Boynton Beach in formulating its Action Plan to meet its responsibility to "Affirmatively Further" fair housing. E. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CIO and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. Reimburse the Agency for the following budget items: Portion of Program Director's Salary ......................................................... 2,116 Portion of Fair Housing Specialist Salary ...................................................1,539 FICA......................................................................................................... 662 Workers Compensation................................................................................ 73 Office Space Rental......... ......... ................... ............. ............. .............. ....... 610 TOTAL................................................................................................. $5,000 B. Provide technical assistance to ensure compliance with CIO, U.S. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CIO staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CIO on program activities. Page 15 of 16 FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone] INVOICE REIMBURSEMENT Subject: Attached, you will find Invoice # . requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 ~Ob-I a7 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION THIS AGREEMENT, entered into this 8 day of ,4UGUST , 2006, 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 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION, a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at Post Office Box 337, Boynton Beach, Florida 33425 and its Federal Tax Identification Number as 65-0971509. 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, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION 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 DEFINmON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Community Improvement Division Page 1 of 16 4) "The Agency" means BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION 5) "CIO Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CIO Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Puroose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CIO, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, 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 CONDmONS OF PAYMENT A. Maximum Comoensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CIO. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $62,500.00 for the period of October 1,2006 through September 30,2007. Page 2 of 16 Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. 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 in U.S. HUD Community Development Block Grant No. B-06- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by u.s. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CIO, and 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 Agency by September 30, 2007. C. Method of Pavment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CIO for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CIO. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CIO. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Page 3 of 16 Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. D. Conditions on which Payment is continaent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CIO Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CIO Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CIO in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CIO Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CIO Manager or his designee and placed on . file with CIO. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CIO in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency 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 the capability of the Agency to fiscally manage the project 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 Agency to CIO and approved by CIO prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, Page 4 of 16 shall be subcontracted or reimbursed without the prior written approval of the CIO Manager or his designee. 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CIO and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CIO, CITY and U.S. HUD Requirements CIO shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CIO, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CIO Manager or his designee 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) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. Page 5 of 16 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CIO. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to CIO the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Oooortunities for Residents and Civil Riahts Comoliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to temninate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Oooortunities for Small. and Minoritv/Women Owned Business Enterorises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, Page 6 of 16 these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. C. Proiect Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "Au of this Agreement. The Agency shall provide written verification of compliance to CIO upon CIO's request. D. Evaluation and Monitorina The Agency agrees that CIO will carry out periodic monitoring and evaluation activities as determined necessary by CIO or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CIO, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CIO, information and status reports required by CIO, the City, or U.S. HUD on forms approved by CIO. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CIO in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. Page 7 of 16 E. Audits and Insoections At any time during normal business hours and as often as CIO, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CIO, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CIO, the City, U.S. HUD, or the Comptroller General to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CIO within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Prooertv All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency 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 Agency at any time upon request by the City or CIO. Upon completion of all work contemplated Page 8 of 16 under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CIO, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, 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 the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. Page 9 of 16 1. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement 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 Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CIO 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 lower-income residents of the project target area. J. Citizen Particioation Agency shall cooperate with CIO in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CIO or the City. K. Proiect Publicitv All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made pOSSible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-llO, A-122 and A-133 Page 10 of 16 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by C!D. Items 9 through 14 above shall be transmitted to C!D by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency 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 Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not Page 11 of 16 remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) 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. N. Severabilitv 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. O. Leveraqina The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.s. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CIO. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. 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. Page 12 of 16 Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CIO at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. R. Indeoendent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor 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. S. Public Entitv Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor 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. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counteroarts of This Aareement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the B day of AuGu5T ,2006. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: ~ APPROVED AS TO FORM: BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION By: ~../ ~- , By: [CORPORATE SEAL] Page 14 of 16 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. Use Community Development Block Grant funding to continue and further advance its Affordable Housing Development Initiative from October 1, 2006 through September 30, 2007 with: 1. Homebuyer education, counseling, and assistance in obtaining financing for first- time homebuyers; and 2. Lot acquisition and single-family home construction; and 3. Project continuation of the Heart of Boynton Redevelopment Plan, and 4. Marketing events throughout the year. B. Report the receipt of any income earned by the Agency to the CIO Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CIO and U.s. HUD regulations and this Agreement. II. The City Agrees to: A. Reimburse the agency for the following budget items: Portion of the Deputy Director Salary ..................................................... 27,500 Homebuyer Counselor Salary ................................................................. 35.000 TOTAL............................................................................................... .$62,500 B. Provide technical assistance to ensure compliance with CIO, u.s. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CIO, be conducted by CIO staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CIO on program activities. Page 15 of 16 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone] INVOICE REIMBURSEMENT Subject: Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 "ROfo-I8-' AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AID TO VICTIMS OF DOMESTIC ABUSE, INC. THIS AGREEMENT, entered into this B day of AU3UST , 2006, 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 AID TO VICTIMS OF DOMESTIC ABUSE, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at Post Office Box 667, Delray Beach, FL 33447 and its Federal Tax Identification Number as 59-2486620. 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, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and AID TO VICTIMS OF DOMESTIC ABUSE, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage AID TO VICTIMS OF DOMESTIC ABUSE, 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 DEFINmON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CIO" means Community Improvement Division 4) "The Agency" means AID TO VICTIMS OF DOMESTIC ABUSE, INC. Page 1 of 16 5) "CIO Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CIO Policies Procedures 6) "U.S. HUD" means the Secretary of the u.s. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by u.s. HUD B. Puroose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CIO, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, 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 CONDmONS OF PAYMENT A. Maximum Comoensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CIO. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $15,000.00 for the period of October I, 2006 through September 30,2007. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. 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 in U.s. HUD Community Development Block Grant No. B-06- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.s. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CIO, and 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 Agency by September 30, 2007. C. Method of Pavment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CIO for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CIO. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CIO. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Pavment is continaent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CIO Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CIO Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CIO in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CIO Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CIO Manager or his designee and placed on file with CIO. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CIO in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency 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 the capability of the Agency to fiscally manage the project 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 Agency to CIO and approved by CIO prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. 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 the prior written approval of the CIO Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CIO and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CIO, CITY and U.S. HUD Requirements CIO shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CIO, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CIO Manager or his designee 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) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CIO. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Oooortunities for Residents and Civil Riahts Comoliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Oooortunities for Small. and Minoritv/Women Owned Business Enterorises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Proiect Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CIO upon CID's request. D. Evaluation and Monitoring The Agency agrees that CIO will carry out periodic monitoring and evaluation activities as determined necessary by CIO or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CIO, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CIO, information and status reports required by CIO, the City, or U.S. HUD on forms approved by CIO. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CIO in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Insoections At any time during normal business hours and as often as CIO, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CIO, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CIO, the City, U.S. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CIO within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Prooertv All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency 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 Agency at any time upon request by the City or CIO. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CIO, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, 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 the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 1. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement 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 Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CIO 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 lower-income residents of the project target area. J. Citizen Particioation Agency shall cooperate with CIO in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CIO or the City. K. Proiect Publicitv All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the AmeriCans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by 00. Items 9 through 14 above shall be transmitted to cm by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency 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 Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) 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. N. Severabilitv 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. O. Leveraaina The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such proVided to CIO. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. 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. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CIO at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Indeoendent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor 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. S. Public Entitv Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor 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. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counteroarts of This Aareement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the B-1+. day of A~ttsr ,2006. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida .Ft APPROVED AS TO FORM: A6: AID TO VICTIMS OF DOMESTIC ABUSE, INC. By: y~~ [/~ -,".~ " -. t:.xe~.!JTt""'-- -0iY-"'~~ By: [CORPORATE SEAL] Page 14 of 16 AID TO VICTIMS OF DOMESTIC ABUSE, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees to, within the time line of October 1, 2006 through September 30, 2007 to: A. Provide programs in schools to students in Pre-K to lzth grade designed to prevent domestic violence. B. Identify children living in homes where domestic abuse is present. C. Goals of the programs include: 1. Provide domestic violence education presentations for 5,000 students. 2. Provide safety planning for 130 students. 3. Provide support groups for 130 students. D. Report the receipt of any income earned by the Agency to the CIO Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CIO and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. Reimburse the Agency for the following budget items: Salaries................................................................................................ 12,062 FICA......................................................................................................... 923 Workers Compensation.... ...... ................................... ................... ............ ..192 Health Insurance ....................................................................................1.823 TOTAL.................... ................... ........................................................ $15,000 B. Provide technical assistance to ensure compliance with CIO, U.s. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CIO, be conducted by CIO staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timeiy manner and verify the accuracy of reporting to CIO on program activities. Page 15 of 16 AID TO VICTIMS OF DOMESTIC ABUSE, INC. EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone] INVOICE REIMBURSEMENT Subject: Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 MIa-La7 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC. THIS AGREEMENT, entered into this 8J day of AUS/L4iT , 2006, by and between the City of Boynton Beach, a political subdivision ofthe State of Florida, for the use and benefit of its Community Development Block Grant Program and R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 900 N. Seacrest Blvd., Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 65-0937804, 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, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage R. M. LEE COMMUNITY DEVELOPMENT CENTER, 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 DEFINmON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CIO" means Division of Community Redevelopment 4) "The Agency" means R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC. Page 1 of 16 5) "CIO Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CIO Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Puroose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CIO, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, 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 CONDmONS OF PAYMENT A. Maximum Comoensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CIO. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $72,000.00 for the period of October 1,2006 through September 30,2007. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. 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 in U.S. HUD Community Development Block Grant No. B-06- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CIO, and 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 Agency by September 30, 2007. C. Method of Pavment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CIO. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CIO. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Payment is continaent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CIO Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CIO Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CIO in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CIO Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CIO Manager or his designee and placed on file with CIO. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CIO in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency 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 the capability of the Agency to fiscally manage the project 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 Agency to CIO and approved by CIO prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. 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 the prior written approval of the CID Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CIO, CITY and U,S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee 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) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERALCONDmONS A. Oooortunities for Residents and Civil Riahts Comoliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Oooortunities for Small. and MinoritvlWomen Owned Business Enterorises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Proiect Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitorina The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be proVided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Insoections 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, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CIO, the City, U.S. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Prooertv All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency 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 Agency 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 Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, 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 the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein, Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement 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 Agency. Any possible conflict of interest on the part of the Agency 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 lower-income residents of the project target area. J. Citizen Particioation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Proiect Publicitv All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by C!D. Items 9 through 14 above shall be transmitted to C!D by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency 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 Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) 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. N. Severabilitv 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. O. Leveraqinq The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CIO. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. 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. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Indeoendent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor 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. S. Public Entitv Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor 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. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counteroarts of This Aareement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the e day of A UGlJS7 ,2006. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida APPROVED AS TO FORM: A-ss R. M. LEE COMMUNITY DEVE~11PMENT CE. . f r . By: ' PRES/ DtN7 By: [CORPORATE SEAL] Page 14 of 16 R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. Use Community Development Block Grant funding to continue its employment assistance and education program, and the development of an elderly housing project from October 1, 2006 through September 30, 2007 as follows: 1. Begin the construction on a 15 unit elderly rental housing project by December 2006. 2. Assist 35 adults with life skills and employment training activities by September 30, 2007. 3. Conduct two (2) employment fairs or workshops by March 2007. 4. Provide community social service delivery to at least 40 households by September 2007. B. Report the receipt of any income earned by the Agency to the CIO Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. Reimburse the agency for the following budget items: Program/Administrative Assistant Salary .................................................25,000 Project Consultant ...... ....... ..... ........ ........ ........ ..... .......... ..... ...... ............ 30,000 Soft Costs ........ ,.......... ....... ............. ........ ............... .......... .................... 13,000 (Architectural, engineering, etc.) Accounting & auditing fees ...................................................................... 4,000 TOTAL.........................,..................................................................... .$72,000 B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner, D. Monitor the agency 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 contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 16 R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC. EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone] INVOICE REIMBURSEMENT Su bject: Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------. APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16