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R96-062RESOLUTION NO. R96-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY FOR THE 1995/96 COMMUNITY DEVELOPMENT BLOCK GRANT FOR IMPROVEMENTS TO EZELL HESTER, JR., COMMUNITY PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County 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 Palm Beach County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, Palm Beach County desires to engage the City of Boynton Beach to implement such undertakings of the Community iDevelopment Block Grant Program; and WHEREAS, the purpose of this Agreement is to state the covenants and conditions under which the City of Boynton Beach will implement the Scope of Services set forth in Part II of said Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby authorizes the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton Beach and Palm Beach County providing for improvements to Ezell Hester, Jr., Community Park, as set forth in the Agreement attached hereto as Exhibit "A" and made a part hereof. Section 2. This immediately upon passage. Resolution shall take effect PASSED AND ADOPTED this ~ day of May, 1996. CITY OF BOYNTON FLORIDA ATTEST: Ci~ Clerk (Corporate Seal) issioner IT Y OF BOYNTON BEACT~ 16. The Municipality agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Palm Beach County employ- ees and are not subject to the County provisions of the law applicable to County employees relative to employ- ment, hours of work, rates of compensation, leave, unem- ployment compensation and employee benefits. 17. NO FORFEITURE The rights of the County under this Agreement shall be cumulative and failure~°n the part of the County to exer- cise promptly any rights given hereunder shall not oper- ate to forfeit or waive any of the said rights. 18. "PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this con- tract or performing any work in furtherance hereof, the Municipality certifies that it, its affiliates,.,suppli- ers, subcontractors and consultants who will~'' perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management 'Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a)." 19. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of thirteen (13) enumerated pages which include the exhibits referenced herein, shall be executed in four (4) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute One and the same instrument. 20. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agree- ments, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no .representations, warran- ties, covenants, or undertakings other than those express- ly set forth herein. WITNESS our Hands and Seals on this day of , 1996. (CITY SEAL) CITY OF BOYNT~BEACH · ~ Gerald Tayl~ oJ~' -~ Mayor Carrie Par. keF, ~City M~nager Attorney for Municipality ( Signature Optional) Approved as to Form and Legal Sufficiency: PALM BEACH COUNTY, BY ITS BOARD OF COUNTY COMMISSIONERS BY: Tammy K..Fields Assistant County Attorney Palm Beach County BY: Ken L. Foster, Chair Board of County Commissioners ATTEST: Dorothy H. Wilken, Clerk (COUNTY SEAL) BY: Deputy Clerk REF:AGRBB95.HP/CI C.J AGREEMENT BETWEEN PALM BEACH COUNTY � 4e �r� AND R96 - 77 �0 THE CITY OF BOYNTON BEACH .THIS AGREEMENT, entered into this day o1 1UN 18 1996 1996, by and between Palm Beach County, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program, and the City of Boynton Beach, a Municipality duly organized and existing by ' virtue of the laws of the State of Florida, having its princi- pal office at 100 East Boynton Boulevard, Boynton Beach, Flori- da 33435. WHEREAS, Palm Beach County has entered into an agreement with the United States Department of Housing and Urban Develop- ment for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Palm Beach County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, certain Palm Beach County Community Development Block Grant Citizen Participation Structures, the Board of County Commissioners of Palm Beach County, and the City of Boynton Beach, desire to provide the activities specified in Part II of this contract; and WHEREAS, Palm Beach County desires to engage the City of Boynton Beach to implement such undertakings of the Community Development Block Grant Program. NOW, THEREFORE, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE 1. Definitions (1) "County" means Palm Beach County. (2) "CDBG" means the Community Development Block Grant Program of Palm Beach County. (3) "HCD" means Palm Beach County Housing and Community Development. (4) "Municipality" means the City of Boynton Beach. CITY OE BOYNTC BEACH (5) "HCD Approval" means the written approval of the HCD Director or his designee of the Community Development Block Grant Program after a request or a report has been properly processed in accordance with the HCD Policies and Procedures Manual. (6) "U.S. HUD" means the Secretary of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the defini- tion set by U.S. HUD. 2. Purpose The purpose of this Agreement is to state the cove- nants and conditions under which the Municipality 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 Municipality shall, in a satisfactory and proper manner as determined by HCD, perform the tasks necessary to conduct the program outlined in the Work Program Narrative, Exhibit "A ", and submit invoices using the cover sheet in Exhibit "B ", both of which are attached hereto and made a part hereof. PART III COMPENSATION,_ TIME OF PERFORMANCE, METHOD, AND CONDITIONS OF PAYMENT 1. MAXIMUM COMPENSATION The Municipality agrees to accept as full payment for services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and HCD Director or desig- nee- approved expenditures and encumbrances made by the Municipality under this Agreement. Said services shall be performed in a manner satisfactory to HCD. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $347,193 for the period of June 4, 1996 through and including March 31, 1997. Any funds not obligated after the expiration date of this Agreement revert to the County. 2. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project under U. S. HUD Community Development Block Grant No. B- 95 -UC -12 -0004. 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 Municipali- ty shall commence upon execution of this Agreement or receipt of an Order to Proceed from HCD, 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 City of Boynton Beach prior to March 31 1997. 3. METHOD OF PAYMENT The County agrees to make payments and to reimburse the Municipality for all budgeted costs permitted by Federal, State, and County guidelines. In no event shall the County provide advance funding to the Municipality or any subcontractors hereunder. CITY OF BOYNTO' _ BEACH Requests by the Municipality for payments or reim- bursements shall be accompanied by proper documenta- tion of expenditures and shall be submitted to HCD for approval nolater than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the Palm Beach County Finance Department upon proper presentation of invoices and reports approved by the Municipality and HCD. For purposes of this section, originals of invoices, receipts, or other evidence of indebteddness shall be considered proper documentation. When original documents can- not be presented, the Municipality must adequately justify their absence, in writing, and furnish cop- ies. Invoices shall not be honored if received by the Palm Beach County Finance Department later than thirty (30) days after the expiration date of this Agreement. Payment may be expected within thirty (30) days after filing a properly supported and approved invoice (See Exhibit B). 4. CONDITIONS ON WHICH PAYMENT IS CONTINGENT (1) IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The Municipality shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances, and codes and with the procedures outlined in the HCD Policies and Proce- dures Manual, and amendments and additions thereto as may from time to time be made. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guide- lines set forth in the HCD Policies and Procedures Manual. No payments will be made until an HCD -ap- proved cost allocation plan for multi- funded projects approved by HCD Director or his designee has been placed on file with HCD (if applicable). If the Municipality has awarded a contract to an independent contractor to perform project services and if competitive bidding or competitive negotia- tions are required under applicable law, the Munici- pality shall provide HCD with a certified copy of the Bid Specifications and Bid Awards authorizing the work to be done on the projects and a certified copy of the contract let. All such contracts shall be submitted to HCD for prior approval. Upon receipt of certified copies of Bid Awards and Contracts, HCD will audit and forward said certified copies to the Palm Beach County Finance Department together with comments related to the audit. If the Municipality has awarded a contract to an independent contractor to perform project services, the Municipality shall describe the services for which it is invoicing. If the Municipality uses its own work force to perform project services, the Municipality shall submit a certified copy of the purchase orders authorizing the purchase of material and a certified copy of the work orders ordering the work for which it will be invoic- ing. If the Municipality has awarded a contract to an independent contractor to perform project servic- es, the Municipality shall submit a certified copy of the contractor's invoices identifying the contract to which it applies stating the services rendered. The Municipality's chief finance officer shall certify that the work that is being invoiced for has been completed. The Municipality's chief finance officer will add his or her certificate to the invoice that the Municipality has paid the invoice and indicate check numbers with which the Municipality paid the invoice or provide some other satisfactory audit trail. CITY OF BOYNTC BEACH Should a project receive additional funding after the commencement of this Agreement, the Munici- pality shall notify HCD in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within for- ty -five (45) days of said official notification. (2) FINANCIAL ACCOUNTABILITY The County may have a financial systems analysis and an internal fiscal control evaluation of the Municipality by an independent auditing firm employed by the County or by the County Internal Audit Depart- ment at any time the County deems necessary to deter- mine if the project is being managed in accordance with Federal, State, and County requirements. (3) SUBCONTRACTS Any work or services subcontracted hereunder shall be specifically by written contact, written agreement, or purchase order and shall be subject to each provi- sion of this Agreement. Proper documentation in accordance with County, State, and Federal guidelines and regulations must be submitted by the Municipality to HCD and approved by HCD prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and County laws and regulations. This includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Palm Beach County Engineering Department and U.S. HUD. Con- tracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing catego- ries of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursables will be at cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reim- bursed without prior written approval of the HCD Director 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 Palm Beach County Pur- chasing Procedures Manual, as well as Federal Manage- ment Circular A -128, and A -122, and 24 CFR Part 85 (also known as "The Common Rule "), incorporated herein by reference. (5) REPORTS, AUDITS, AND EVALUATIONS Payment will be contingent on the receipt and approv- al of reports required by this Agreement, the satis- factory evaluation of the project by HCD and the County and satisfactory audits by the Internal Audit Departments of the County and Federal Government if required. All reports (monthly, biweekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. (6) ADDITIONAL HCD, COUNTY, AND U.S. HUD REQUIREMENTS HCD shall have the right under this Agreement to suspend or terminate payments until the Municipality complies with any additional conditions that may be imposed by HCD, the County or U.S. HUD at any time. CITY OF BOYNTO' BEACH (7) PRIOR WRITTEN APPROVALS - SUMMARY The following includes but is not limited to activities that require the prior written approval of the HCD Director or his designee to be eligible for reimbursement or payment: (a) Initiation of new programs not covered by this Agreement; (b) All subcontracts and agreements pursuant to this Agreement; (c) All capital equipment expenditures of $1,000 or more; (d) All out -of -town travel; (travel shall be reim- bursed in accordance with Florida Statutes, Chapter 112.061); (e) All change orders; and (f) Requests to utilize uncommitted funds after the expiration of this agreement. (8) PROGRAM - GENERATED INCOME All income by the Municipality from activities financed in whole or in part by CDBG funds must be reported to HCD. 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 Municipality shall report to HCD 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 Municipality through this Agreement, the prior written approval of the HCD Director or his designee will be required. Accounting and disburse- ment of program income shall be consistent with the procedures outlined in OMB Circular A -102, and other applicable regulations incorporated herein by refer- ence. GENERAL CONDITIONS PART IV 1. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The Municipality agrees that no person shall on the ground of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest feasible extent, lower - income resi- dents 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. 2. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construc- tion, or services to implement this Agreement, the Munici- pality shall make a positive effort to utilize small business and minority /women -owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority /women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Palm Beach County in the CDBG Final Statement of Objectives approved by U.S. HUD. At a minimum, the subrecipient shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. CITY OF BOYNT( BEACH 16. The Municipality agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Palm Beach County employ- ees and are not subject to the County provisions of the law applicable to County employees relative to employ- ment, hours of work, rates of compensation, leave, unem- ployment compensation and employee benefits. 17. NO FORFEITURE The rights of the County under this Agreement shall be cumulative and failure on the part of the County to exer- cise promptly any rights given hereunder shall not oper- ate to forfeit or waive any of the said rights. 18. "PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this con- tract or performing any work in furtherance hereof, the Municipality certifies that it, its affiliates, suppli- ers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a)." 19. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of thirteen (13) enumerated pages which include the exhibits referenced herein, shall be executed in four (4) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. 20. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agree- ments, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warran- ties, covenants, or undertakings other than those express- ly set forth herein. i 995 WITNESS our Hands and Seals on this day of , 1996. CITY OF BOYN •' BEACH BY : C � -- 0 roe) Gerald Taylor , Mayor r By C - V Carrie Parker, City Manager BY : r, l . . " 7 . ' ftCA,. Attorney for Municipality 111111 (Signature Optional) (CITY SEAL) Approved as to Form and PALM BEACH COUNTY, BY ITS Legal :u fic'enc BOARD OF COUNTY COMMISSIONERS 1 J r JUN 1 8 1996 By: ►! - �- - am . Fields K =n L. 1•ster, Chair Assistant County Attorney Bo. • o, County Commissioners Palm Beach County R96-77 42." , CCOUNTY SEAL) OF a1i -o- .4,- t ATTEST: � \M BF '.�o ; Dorothy H. Wilken, Clerk ; , � C� `; • �� a �+� B OUNTY 1,• : BY : _ , O R p Q 1 , , / 1 � D r uty Clerk * REF : A �RBB95 . HP /C I ..... •••• CITY OF BOYNTC BEACH EXHIBIT A: WORK PROGRAM NARRATIVE CITY OF BOYNTON BEACH I. The Municipality agrees to: A. PROJECT SCOPE: Design and construction of the following Ezell Hester park improvements: - Two (2) lighted basketball courts, two (2) light- ed tennis courts, landscaping, site work and irriga- tion. - Athletic field improvements to include a multi - purpose football /soccer field and two (2) youth baseball /softball fields, with fencing, back stops, benches, scoreboards, infield materials, bleachers and lighting. - Extension of existing parking lot including light- ing. Furthermore, in regard to the preserve area at the Ezell Hester Park, the Municipality agrees to accomplish the following concurrent with implementation of the above described work: a) Provide all necessary mitigating measures during the proposed construction in order not to adverse- ly affect the preserve area. b) Direct the consultant preparing the design for this project to incorporate features in the project that do not adversely impact the preserve area. c) Review and incorporate additional management guide- lines into the existing preserve area plan pre- pared by Dr. Joe Edmisten. Such revised manage- ment plan to be formatted similar to the Rosemary Scrub management plan previously submitted by Palm Beach County to the Florida Community Trust (FCT) Organization. d) Incorporate in said revised plan comments from interested persons and agencies already identified and involved in discussions and meetings on this matter with the City. e) Complete this new /revised management plan no later than the expiration date of this agreement. The Municipality further agrees that HCD, in consulta- tion with any parties it deems necessary, shall be the final arbiter on the Municipality's compliance with the above. B. PROJECT OVERSIGHT: The Municipality shall provide project administration, including engineering design, bid preparation, advertising, bid evaluation, contract award, inspection and recommendation of pay requests during the term of this agreement. Consultant engineering services to be reimbursed by the County. C. FORMER PROJECTS: The Municipality shall maintain all previously completed CDBG funded projects. Failure to do so will result in forfeiture of future CDBG funds and will delay funding for ongoing activities. D. WORK SCHEDULE: The time frame for completion of the outlined activities shall be March 31 1997 . Activities Date Complete Design & Contract Documents July 30, 199x+ Advertise & Accept Bids Aug 30, 1996 Award Contract Sep 30, 1996 Start Construction Oct 15, 1996 Complete Construction March 31, 1997 CITY OE BOYNTC BEACH E. REPORTS: The Municipality shall submit detailed month- ly progress reports to Housing and Community Development outlining the status of specific activities under each project. Each report must account for the total activity for which the Municipality is reimbursed in part or in whole, with CDBG funds and which is required in fulfill- ment of their obligations regarding the projects. The progress reports should be mainly in the form of a narra- tive and are required in addition to monthly Grantee Performance Reports (GPR's). The progress reports shall be used as an additional basis for invoice reimbursement. F. USE OF THE PROJECT FACILITY: The Municipality agrees in regard to the use of the facility /property whose acqui- sition or improvements are being funded in part or in whole by CDBG funds as provided by this Agreement, that for a period not less than ten (10) years after the expi- ration date of this agreement (as may be amended from time to time): a. The Municipality may not change the use or planned use of the facility /property (including the beneficia- ries of such use) from that for which the acquisition or improvements are made, unless the Municipality provides affected citizens with reasonable notice of, and opportunity to comment on, any such proposed change and either: 1. The new use of the facility /property qualifies as meeting one of the national objectives defined in the regulations governing the CDBG program, and is not a building for the general conduct of govern- ment; or 2. The requirements of paragraph (b) of this section are met. b. If the Municipality determines after consultation with affected citizens, that it is appropriate to change the use of the facility /property to a use which does not qualify under paragraph (a (1) of this section, it may retain or dispose of the facility for such use if the County is reimbursed in the amount of the current fair market value of the facili- ty /property less any portion thereof attributable to expenditures of non -CDBG funds for acquisition of, or improvements to the facility /property. The final determination of the amount of any such reimbursement to the County under this paragraph shall be made by the County. c. Following the reimbursement of CDBG funds by the Municipality to the County pursuant to paragraph (b) above, the facility /property will then no longer be subject to any CDBG requirements. The provisions of this clause shall survive the expiration of this agreement. II. The County agrees to: A. Provide funding for the above specified park improvements (including engineering design) described in the Scope of the Project, during the term of this agreement, in the amount of $347,193. B. Provide project administration and inspection to the Municipality to ensure compliance with U.S. HUD and the Department of Labor, and applicable State, Federal and County laws and regulations. C. Monitor the Municipality at any time during the term of this Agreement. Visits may be announced or unannounced as determined by HCD and will serve to ensure compliance with U.S. Department of HUD regulations, that planned activities are conducted in a timely manner, and to veri- fy the accuracy of reporting to HCD on program activities. D. The County shall perform an environmental review of the project, and review and approve project design and bids submitted for the work. The County shall also perform Davis Bacon Act Labor Standards monitoring and enforce- ment.