R10-059
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1 RESOLUTION RIO- oS-q
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3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, APPROVING AN AMENDMENT
5 TO THE CITY OF BOYNTON BEACH'S COMMUNITY
6 DEVELOPMENT BLOCK GRANT (CDBG) SUBSTANTIAL PLAN
7 AMENDMENT; APPROVING THE INTERLOCAL AGREEMENT
8 BETWEEN THE CITY OF BOYNTON BEACH AND THE
9 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
10 DESIGNATING THE CRA AS A SUBRECIPIENT OF
11 NEIGHBORHOOD ST ABILIZA TION FUNDING IN THE
12 AMOUNT OF $400,000.00; AUTHORIZING EXECUTION OF
13 BOTH BY THE MAYOR AND CITY CLERK; AND PROVIDING
14 AN EFFECTIVE DATE.
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16 WHEREAS, on November 18, 2008, the City Commission adopted Resolution R08-
17 139 which authorized staff to submit a Substantial Plan Amendment to its 2008-09
18 Community Development Block Grant (CDBG) to accept $2,963,311.00 allocated under Title
19 III of Division B of the Housing and Economic Recovery Act of 2008, for the purpose of
20 assisting in the redevelopment of abandoned and foreclosed homes under the Emergency
21 Assistance for Redevelopment of Abandoned and Foreclosed Homes heading, referred to as
22 the Neighborhood Stabilization Program (NSP); and
23 WHEREAS, $400,000 was set aside for the Community Redevelopment Agency to
24 provide a subsidy to leverage funds for first time home buyers in the project known as Ocean
25 Breeze; and
26 WHEREAS, the CRA has subsequently determined that the best use of these funds
27 would be to provide an incentive to the developer of the project in the form of infrastructure
28 improvements required for the project which change in use will require an additional
29 amendment to the Substantial Plan Amendment previously approved; and
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1 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
2 interest of the citizens and residents of the City to approve the amendment to the Community
3 Development Block Grant (CDBG) Substantial Plan Amendment.
4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
6 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
7 being true and correct and are hereby made a specific part of this Resolution upon adoption
8 hereof.
9 Section 2. The City Commission does hereby approve the amendment to the City
10 of Boynton Beach's Community Development Block Grant (CDBG) Substantial Plan
11 Amendment.
12 Section 3. The City Commission does hereby approve of the Interlocal Agreement
13 between the City of Boynton Beach and the Boynton Beach Community Redevelopment
14 Agency designating the CRA as a subrecipient of Neighborhood Stabilization Funding in the
15 amount of $400,000.00.
16 Section 4. The City Commission does hereby authorize execution of bothe the
17 Plan Amendment and the Interlocal Agreement by the Mayor and City Clerk, a copy of each
18 being attached hereto as Exhibit "A" and Exhibit "BOO respectively.
19 Section 3. This Resolution will become effective immediately upon passage.
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1 PASSED AND ADOPTED this 18 day of May, 2010.
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3 CITY OF BOYNTON BEAC~FLORIDA
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16 ATTEST:
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AGREEMENT BElWEEN THE CITY OF BOYNTON BEACH
AND
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
THIS AGREEMENT, entered into this ~O \ 'day of :\t.A. \ C. , 2010, by and between
\ the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its
NEIGHBORHOOD STABILIZATION PROGRAM and the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY (CRA) , a non-profit corporation duly organized and existing by virtue of the
laws of the State of Florida, having its principal office at 915 S. Federal Highway, Boynton Beach,
Florida 33435 and its Federal Tax Identification Number as
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
NEIGHBORHOOD STABILIZATION 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 the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY desire to provide
the activities specified in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY to implement such undertakings of the NEIGHBORHOOD STABILIZATION
PROGRAM (NSP 1). 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 NEIGHBORHOOD STABILIZATION PROGRAM (NSP 1) of the City of
Boynton Beach
3) "CIO" means Community Improvement Division
4) "The Agency" means the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
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5) "CID 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 CID 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. Purpose:
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 CID, 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 Compensation
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 CID. In no event shall the total compensation or reimbursement
to be paid hereunder exceed the maximum and total authorized sum of $400,000.00 for the period of
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.
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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-09-
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 CID, 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, 2010.
C. Method of Payment
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 CID. 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 CID. 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.
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D. Conditions on which Payment 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 CID 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 CID Policies
and Procedures. No reimbursements will be made without evidence of appropriate insurance required
by this Agreement on file with CID 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 CID Manager. No payments for multi-funded projects will be
made until a cost allocation plan has been approved by the CID Manager or his designee and placed on
file with CID. Should a project receive additional funding after the commencement of this Agreement,
the Agency shall notify CID 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 CID and approved by CID prior to execution of any subcontract hereunder. In
addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. 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.
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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.
S) 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 and/or quarterly) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CID, CTIY 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
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commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
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. Opportunities for Residents and Civil Rights Compliance
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. Opportunities for Small. and Minority/Women Owned Business Enterprises
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
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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. Project Beneficiaries
At least 51 percent (S1 %) 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 Monitoring
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 and/or quarterly 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. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.S (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 (S) 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.
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E. Audits and Inspections
At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller
General of the United States may deem necessary, 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 CID, 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 $500,000 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 $SOO,OOO 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 $SOO,OOO 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 Property
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
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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.
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.
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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.
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 Participation
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. Project Publicity
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
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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 cm.
Items 9 through 14 above shall be transmitted to CID 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
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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 (S) 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. Severability of Provisions
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected
thereby if such remainder would then continue to conform to the terms and requirements of applicable
law.
O. Leveraging
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 CID.
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.
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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, 3343S, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
R. Independent 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 Entity 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.
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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 ~() day of Jc.J,/ ,2010.
ATTEST:
JANET PRAINITO, CMC
CITY CLERK, CITY OF BOYNTON BEACH, FLORI
Political Subdivision of the State of Florida
"'j;'"Cw-a~ ,
~-
JOSE~Z'MAYOR
;; CITY CLERK
,){/'(.IT'1
APPROVED AS TO FORM:
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
- ---
By:
By:
[CORPORATE SEAL]
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BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
EXHIBIT A
WORK NARRATIVE
The City of Boynton Beach Community Redevelopment Agency (CRA) shall insure that firm
contracts, suitable for encumbering up to Four Hundred Thousand Dollars ($400,000.00) of
CDBG (NSP 1) funds for the construction of physical infrastructure improvements, including, but
not limited to streets, sidewalks, water lines, sewer lines and street lighting, for the project
known as Ocean Breeze, shall be executed not later than September 30, 2010.
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