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R14-066
1 RESOLUTION R14 -066 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA, ADOPTING THE CITY OF 5 BOYNTON BEACH'S COMMUNITY DEVELOPMENT BLOCK 6 GRANT ONE YEAR ACTION PLAN FOR FISCAL YEAR 7 2014/2015; AUTHORIZING THE CITY MANAGER TO SIGN THE 8 , AGREEMENTS WITH THE SUB - GRANTEES; AND PROVIDING 9 ! AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City of Boynton Beach is in its eighteenth year of receiving Federal 13 Grant Funds; and 14 WHEREAS, the One Year Action Plan has been developed with the activities 15 recommended and approved by the City Commission at their June 3, 2014 meeting; and 16 WHEREAS, approval of the One Year Action Plan will fund services to the 17 community that are eligible under the CDBG program and provided to our community by 18 various organizations. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission of the City of Boynton Beach, Florida does 25 hereby approve the adoption of the City of Boynton Beach's Community Development Block 26 i Grant (CDBG) One Year Action Plan for fiscal year 2014/15, a copy of which is attached 27 hereto. \ \apps3 city cbb \auto\Data\217\Items \208 \3081 \3981 \Reso - CDBG One Year Action Plan 2014 -15 doc 1 Section 3. The City Manager is authorized to sign the Agreements between the 2 City of Boynton Beach and the sub - grantees. 3 Section 4. This Resolution will become effective immediately upon passage. 4 PASSED AND ADOPTED this 5 day of August, 2014. 5 CITY OF BOYNTON BEACH, FLORIDA 6 8 v� J u , 9 ayor — erry T for G , 1 0 v , 12 1 4 13 Vit - Maor ? Casello 14 15 S ■ 16 \ (� ' 17 Commissioner — David T. erker 18 19 20 � 21 ommissio -r — . c M .y .t . y ( 23 24� 25 ATTEST: Commissioner — Michael M. Fitzpatr' 26 27 28 -)9 Vyl igtalttiO 30 Jan: M. Prainito, MMC 31 • y Clerk 32 33 G \� Y �: 34 35 36 ( . o Seal) { 37 0 e 4Wh °. TO N< \ \apps3 city cbb \auto \ Data \217 \ Items \208\ 3081\ 3981\ Reso_ -_ CDBG _One_Year_Action_Plan_2014 -15 doc �411- ~ rrro,�y �G� * *z SF424 ; I 4, The SF 424 is part of the CPMP Annual Action Plan. SF 424 form 9$441 c s`'oa fields are included in this document. Grantee information is Iinked from the 1CPMP.xls document of the CPMP tool. SF 424 Complete the fillable fields (blue cells) in the table below The other items are pre -filled with values from the Grantee Information Worksheet. D ate Submitted August 15, 2014 Applicant Identifier Type of Submission Received by state State Identifier pllcatlon Pre -application 'Pate Received by HUD Federal Identifier Construction ❑ Construction B- 14 -MC -12 -0043 Non Construction fl Non Construction • plicant information ity of Boynton Beach UOG Code FL120264 100 E. Boynton Beach Boulevard Organizational DUNS 07- 224 -7133 FTB Organizational Unit Municipal _ • ynton Beach Florida Department Development K 3435 Division Community improvement mployer Identification Number (EIN): County Palm Beach - 9-6000282 Program Year Start Day (MM /DD) 10/01 • plicant Type: Specify Other Type If necessary: unicipal U.S. Department of • rogram Funding Housing and Urban Development atalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by roject(s) (cities, Counties, localities etc.), Estimated Funding ommunity Development Block Grant 14218 Entitlement Grant DBG Project Titles Housing rehabilitation, public Description of Areas Affected by CDBG Project(s) rvices to low - moderate income households and Citywide, and other major targeted low income • =rsons throughout Boynton Beach, economic areas • evelopment CDBG Grant Amount $478,192 I$Additional HUD Grant(s) Leveraged)esalbe • • • • itional Federal Funds Leveraged $Additional State Funds Leveraged Locally Leveraged Funds $Grantee Funds Leveraged • -paced Program Income Other (Describe) otal Funds Leveraged for CDBG -based Project(s) ome investment Partnerships Program 14.239 HOME N/A OME Project Tides Description of Areas Affected by HOME Project(s) HOME Grant Amount r•Additional HUD Grants) Leveraged scribe • • ditional Federal Funds Leveraged $Additional State Funds Leveraged SF 424 $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for HOME -based Project(s) Housing Opportunities for People with AIDS 14.241 HOPWA N/A HOPWA Project Titles Description of Areas Affected by HOPWA Project(s) $HOPWA Grant Amount $Additional HUD Grant(s) Leveragedrescribe $Additional Federal Funds Leveraged Additional State Funds Leveraged $Locally Leveraged Funds Grantee Funds Leveraged $Anticipated Program Income er (Describe) Total Funds Leveraged for HOPWA -based Project(s) m ergency'Shelier Grants program ' 14.231 ESG NIA ESG Project Titles Description of Areas Affected by ESG Project(s) $ESG Grant Amount $Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged Additional State Funds Leveraged $Locally Leveraged Funds Grantee Funds Leveraged $Anticipated Program Income er (Describe) Total Funds Leveraged for ESG -based Project(s) Congressional Districts of: Is application subject to review by state Executive Order Applicant Districts 23 1 Project Districts 23 12372 Process? Is the applicant delinquent on any federal debt? If ❑ Yes This application was made available to the "Yes° please include an additional document state EO 12372 process for review on DATE explaining the situation. ® No Program is not covered by EO 12372 0 Yes ® No ❑ WA Program has not been selected by the state for review Person to be contacted regarding this application First Name Lori Middle Initial Last Name LaVerriere Title City Manager Phone 561(742 -6010 Fax 5611742-6011 Email LaVerrierel @bbfLus Grantee Website www.bovnton- beach.oru Signature of Au/ • rized Representative Date Signed g/43 APPRO CITY ATTORNEY SF 424 CPMP Version 2.0 Grantee Name: City of Boynton Beach Project Name: Aid to Victims of Domestic Abuse, Inc. Description: JIDIS Project #: 11 1UOG Code: JFL 120264 • Location: 'Riirktt* Need titi ' : -' - ` Post Office Box 6161, Delray Beach, Florida Select one: i Public Services Explanation: Erected Completion Date: School programs for counseling children at risk of becoming abused; 9 /1 9011i4 CoLgoty domestic abuse & bullying prevention. O Decent +lousing Q Suitable tieing Environment Q Economic Opportunity - - .Spedfe ObjecthrOO • - Outcome Categories 1 Improve the services for low/mod income persons _ v ❑ Availability /Aconsibili y 17- m. ❑ Affordability 2 1-- - El Sustainability 3, _ 01 People V Proposed 100 T • 'Proposed Acaoma• Type: _ C - Underway Underway_ 1 i Complete Complete m £ Accompl. Type: Pro Accompl. Type: V Proposed u _ Underway__ Underway . E Complete - Complete p, . 0 Accompl. Type: V Proposed Accompl. Type: ♦ i Proposed a Underway UnderwaL Complete Complete Proposed Outcome Performance Measure Actual Outcome 1 05 Public Services (General) 570.201(e) w 1 Matrbc Codes v Matrix Codes v ! Matrix Codes 1 . t Matrix Codes v I I Matrix Codes .v I 1 M CD8G v Proposed Amt. $15,000 - Fund Source: w Proposed Amt. L Actual Amount Actual Amount el Fund Source: v Proposed Amt. Fund Source: my Proposed Amt. Actual Amount Actual Amount a Accompl. Type: v Proposed Units Accompl. Type: w Proposed Units Os Actual Units 1:7' . Actual Units 1L Accompl. Type: V I Proposed Units Accompi. Type: v Proposed Units Actual Units Actual Units - Project (1) CPMP CPMP Version 2.0 Grantee Name: City of Boynton Beach Project Name: Boynton Beach Faith -Based Community Development Corporation Description: JIDIS Project #: 12 WOG Code: IFL 120264 Location: . . 'Priiiiitt ll itid_i1le0ii111 i.' , ., - 2191 Seacrest Blvd., Boynton 1 Beach, FL 33435 Select one Owner Occu Housing v Explanation: Expected Completion Date: Assist City in housing needs to include the Neighborhood 913 Cif Stabilization Program[s). This HUD approved housing counseling agency is a Community Based Development Organization (CBDO). O Decent Housing Q Suitable Living Bvironment _ Economic Opportunity _ - -- Outcome Categories 1 I Improve access to affordable owner housing for minorities lir -- 13 Availability /Accessib1Y Improve the quality of owner housing ■ ID Affordability 2 i El sustainabifity 3 i Improve access to affordable owner housing 01 People p_wposed 3S Accompl. Type: sed id Uderway Underway ig Ill Complete Complete c Accompl. Type: Proposed Accompl. Type: sr P roposed U — Underway -- Underway V 3. Complete Complete d 8 Accompl. Type: ' v Proposed Accompl. Type: ♦ P et Underway _ Underway Complete _ Complete Proposed Outcome Performance Measure Actual Outcome 19C CDBG Non-proflt Organization Capacity Building v i Matric Codes v Matrix Codes Yr j ! Matrix Codes v I - -- j — Matrix Codes v I Matrix Codes v M CDBG v I Proposed Amt. $100 Fund Source: v ( Proposed Amt. I. Actual Amount . - Actual Amount Fund Source: ' Proposed Amt. N Fund Source: v Proposed Amt. Actual Amount ' Actual Amount Accompl. Type: V ( Proposed Units Acconp. Type: V Proposed Units Actual Units ;� Actual Units 4 Accompl. Type: v ( Proposed Units , Accornpl. Type: ♦ Proposed Units Actual Units _ ` Actual Units Project (2) CPMP CPMP Version 2.0 Grantee Name: City of Boynton Beach Project Name: City f Boynton Beach Recreation Department Description: 1 IDIS Project d: 13 IUOG Code: 1 FL 120264 Location: ' - PrIO Nhedelibag.ry - - 1 _ - , - . 100 East Boynton Beach Blvd., ; Public Services Boynton Beach, FL 33435 Select one: ____ Explanation: Expected Completion Date: Provide partial scholarships for various summer camps for low E 9/3t Wagiat CalL9ory income students eligible for free or reduced lunches. 1 0 went Housing Q Suitable Living Environment - 600nomic Opportunity ._ . Outcome Categories 1 Improve the services for low /mod income persons qv [] Avallability /Ability F — - - - 0 Affordability - - -- -- - 0 Sustainability 3i--- — - v re 01 People q Proposed 30 Accompl. Type: V Proposed c Underwa - Underway > g Complete Complete v M Accompl. Ty _ �P V . roPo� Acco npi. Type: w Proposed Underway Underwa _ Q � Complete Complete d u Accompl. Type: • P ed Accompl. Type: w Proposed et Underwa t__ Underway Complete Complete , Proposed Outcome Performance Measure Actual Outcome 1 05 Public Services (General) 570.201(e) _ ■ ' Matrix Codes v i I Matrix Codes • Matrbc Codes w Matrix Codes Nr ' Matrix Codes 1 M CDBG v Proposed Amt. $10,000 Fund Source: v Proposed Amt. L Actual Amount °; Actual Amount } Fund Source: w Proposed Amt. z", - Fund Source: my i Proposed Amt. Actual Amount Actual Amount R Accompl. Type: w'Proposed Units Acompl. Type: • Proposed Units al Actual Units 'Actual Units b . d Accompl. Type: w'Proposed Units . - Accompl. Type: 'w Proposed Units Actual Units Actual Units Project (3) CPMP CPMVP Version 2.0 Grantee Name: City of Boynton Beach Project Name: Community Caring Center of Greater Boynton Beach Description: IIDIS Project #: 14 f UOG code: IFL 120264 Location: • - , - 1+10ei4►_NMd +t+Iioae i. :. . 145 N.E. 4th Avenue, Boynton , Beach, FL 33435 - Services Select one: L citywide Explanation: Expected Completion Date: Agency provides food, rent & mortgage payment assistance, and gt aige Cotcgory medicine & transportation vouchers for low Income people. Assists clients with Medicare & Food Stamp applications; volunteer 0 Decent Housing caregiving for the frail & elderly, with training sessions for volunteer U Suitable Living Environment & primary caregivers. Q Economic Opportunity - , *.a& O1y'iatives= , Outcome Categories 1 ; Improve the services for low /mod income persons -- • El Availability /Accessibility 1 v 0 Affordability 2 — Q Sustainabillty 3f • N. 01 People go Pro • osed 1,000 Accompl. Type: v P�posed - — Underway Underway > to ■ Complete , Complete al . Aocompl. Type j v Proposed i Accompl. Type: • Proposed Underway Underway E Complete Complete a la Accompl. Type: v Pro osed ` Accompl. Type: liv proposed v Underway Underway IE Complete Complete Proposed Outcome Performance Measure _ Actual Outcome • 05 Public Services (General) 570.201(e) v !Matrix Codes yr Matrix Codes __ - - W 1 Matra Codes • , r Matrix Codes • v ] Matra( Codes Nr 1 M cueG y ' Proposed Amt. $46,728 ._ Fund Source: v I Proposed Amt. L. Actual Amount Actual Amount ID Fund source: f Proposed Amt. - " Fund Source: v Proposed Amt. , Actual Amount Actual Amount A Accompt. Type: V Proposed Units Accompl. Type: v fr roPo.ed Units O r Actual Units v Actual Units d • Accompl. Type: N Proposed Units , Actompl. Type: NY Proposed Units , Actual Units - Actual Units 4 Project (4) CPMP CPMP Version 2.0 Grantee Name: City of Boynton Beach Project Name: Housing Rehabilitation Description: IIDIS Project #: 15 IUOG Code: A 120264 Location: ' ' Pico ty NeDl{ Oe r = .. , ... , -" ` .. 100 East Boynton Beach Blvd., Boynton Beach, FL 33435 - Select one: i Owner Occupied Housing v various properties located citywide Explanation: Expected Completion Date: Rehabilitation of single family, detached dwellings to meet local Nliag e.sateser _ housing code standards, to include roof repair & replacement, energy efficient doors and windows, and energy efficient retro - O Decent Housing fitting. Homeowner occupied low income residents that do not own 0 suitable Cluing Environment other properties. O oonorrc Opportunity sp«ciee olds - . . - Outcome Categories 1 Improve the quality of owner housing v ❑ Availability /Accessibility _ - ❑ Affordability 2 ei Sstainability 3 i v 10 Housing Units • Proposed 10 Accompl. Type: v 'Proposed C Underway_ Underway > e Complete Complete m . , Accompl. Type: v osed Accompl. Type: v Proposed tli I. I — -- Underway Underway O E Complete Complete n. u Accompl. Type: V Pro ed Accompl. Type: .4. Proposed 4 Underway Underway - Complete Complete Proposed Outcome Performance Measure Actual Outcome 14� A Rehab; Single-Unit Residential 570.202 my a ix Codes mr ' Matrix Codes V 'Matrix Codes v 1 Matrix Codes 1r i Matrix Codes • I MSG BG v I Proposed Amt. $250,826 c Fund Source: _ v Proposed Amt. o. Actual Amount Actual Amount IS Source: IF Proposed Amt. ' e '> Fund source: • Proposed Amt. Actual Amount :.. � Actual Amount ' Proposed Units Accompl. Type: ♦ Proposed Units L. al Accompl. Type: . :„ co Actual Units Actual Units O. Accompl. Type: w Proposed Units Accompl. Type: V Proposed Units Actual Units - Actual Units Project (5) CPMP CPMP Version 2.0 Grantee Name: City of Boynton Beach Project Name: Housing Rehabilitation Adminstration Description: lIDIS Project #: 16 1UOG Code: IFL 120264 Location: = : P/Id6ti CapgpAl - 100 East Boynton Beach Blvd., Boynton Beach, FL 33435 Select one: I Owner Occupied Housing • Explanation: Expected Completion Date: Inspections, supplies, work write -ups, uniforms, and other items 9/39/iNie y necessary to deliver this activity. O Decent !lousing O Suitable Living Environment O Economic opportunity - Outcome Categories 1 : Improve the quality of owner housing • ❑ Availability/Accessibility 2 — _ � ^ — - J r__ _ — I ❑ Affordability ri Susiatnabillty 3' N. Other • ,posed _ Accompl. Type: • r IF . oposed C Underway Underway ▪ D Complete Complete • Z Accompl. Type: • P ropose d Accompl. Type: •, Proposed r i . Underway Underway v O E Complete Complete L. la Accompi. Type: v Proposed Accompl. Type: •• Posed ot Underway Underway Complete Complete Proposed Outcome Performance Measure Actual Outcome 14H Rehabilitation Administration 570 .202 • I Matrix Codes • Ii Matrix Codes • Matrix Codes • i Matrix Codes • Matrix Codes • i CMG • Proposed Amt. $100,000 Fund Source: • I Proposed Amt. m — AAual Amount t` Actual Amount w F und Source: • Proposed Amt. ' r , . Fund Source: • 1 Proposed Amt. Actual Amount Actual Amount I4 Accompl. Type: • Proposed Units .' Accompl. Type: • Units J O 1 Actual Units A Actual Units C Accompl. Type: • Proposed Units ` ; Accompl. Type: • Proposed Units Actual Units - Actual Units Project (6) CPMP CPMP Version 2.0 Grantee Name: City of Boynton Beach Project Name: Planning and Adminstration Description: IIDIS Project #: 17 1UOG Code: AFL 120264 Location: - - - •PMority t4ssd dory - - ' -: , 1q13 East Boynton Beach Blvd., Boynton Beach, FL 33435 Select one: L anning/Administration V . Explanation: Expected Completion Date: General program administration of the Community Development 9/3 _ Block Grant Program. O Decent Housing Qa Suitable Living Environment Economic Opportunity $t:ecMc O cttias . Outcome Categories 1 j Improve the services for low /mod income persons — mir 0 Availability/Accessibility _ ❑ Affordability 2 B1 Sustainability 3i 1 ■ e Other W Pro proposed Accompl. Type: V C Underway Underway > V Complete Complete v w Accompl. Type: ♦ Pro Accompi. Type: v Proposed Underway Underway O E Complete Complete d u Pro osed Accompi. Type: _ v (Proposed Accompi. Type: v Q Underway Underway Com • tete Co • iete Proposed Outcome Performance Measure Actual Outcome 21A General Program Administration 570.206 V i Matrix Codes v r Matrix Codes v I Matra Codes ■ Matrix Codes ■ Matra Codes ■ 1 CDBG v Proposed Amt. $90,638 Fund Source: • " Proposed Amt. ri 1. Actual Amount Actual Amount 0 Fund Source: V Proposed Amt. Fund Source: ' ' Proposed Amt. Actual Amount av Accompl. Type: W Proposed Units y Accompl. Type: v Proposed Units Di Actual Units Actual Units O. Accompl. Type: Proposed Units Amornpi. Type: v Proposed Units Actual Units Actual Units Project (7) CPMP CPMP version 2.0 Grantee Name: City of Boynton Beach Project Name: Economic Development Description: IIDIS Project e: 18 IUOG Code: (FL 120264 Location: Pel<orlty N.sd' abeDOn!►.. Citywide Select one: rEEccnomic Development mir Explanation: Expected Completion Date: Funds to be used as matching grant funds for businesses that will (n"'gAgarAteger relocate and /or create jobs for residents of the City. Q Decent Housing O Suitable Living Environment Economic Opportunity _ _. . _ c � . , Outcome Categories 1 ; Improve economic opportunities for low - income persons _ w El Availability /Awessibility `r ❑ Affordability 2, ... 12 sustalnabiifty 3; v 13 Jobs v Proposed 10 Accompl. Type: ■ Proposed C Underway Underway ID d Complete Complete o . Accompl. Type: yr Propose Accompl. Type: mr 'Proposed j y — Underway_ Underway O E Complete Complete L. u Accompl. Type: v Proposed Accompl. Type: ' Proposed a — Underway - Underway Complete Complete _ Proposed Outcome Performance Measure Actual Outcome 18A ED Direct Financial Assistance to For -Profits 570.203(b) l 1 Matrix Codes .i Matrix Codes • {Matrix Codes v 1 ;Matrix Codes ■ ; Matrix Codes v CDgG w ?Proposed Amt. $185,000 •:,.; Fund Source: v `Proposed Amt. L Actual Amount ,, • . Actual Amount V Fund Source: yr Proposed Amt. ..',.1 Fund Source: v f Proposed Amt. Actual Amount - Actual Amount E Accompl. Type: R Proposed Units ` Accornpl. Type: w Proposed Units a Actual Units .: Actual Units d Accompl. Type: • Proposed Units .: -_ Accompl. Type: v Proposed.Units Actual Units r Actual Units Project (8) CPMP CPMP Version 2.0 Grantee Name: City of Boynton Beach Project Name: Neighborhood Renaissance Description: �IDIS Project #: 19 IUOG Code: JFL 120264 Location: ; - PriortlyNeiid :Cate90 y _, :. . ' "Heart of Boynton" = Northwest 10th and 11th Avenues, Boynton Select one: ; Public Fadlities Beach, FL 33435 Explanation: Expected Completion Date: Site improvements in the Heart of Boynton in conjunction with an 9 Na/11c Category UrbanLift grant through Wells Fargo Bank. Approximately 1,400 linear feet of sidewalk installation, 27 shade trees, 623 feet of curbs O Decent Housing & gutters, entryway signage, and a bus shelter. 0 Suitable living Environment 0 Economic Opportunity SpedAc Obfeatvis . - Y Outcome Categories 1 i -- . -- _ -- v El Availability/Accessibility 1 _ ❑ Affordability 2, - - - - -- - - - -- — El sustainability 3;-- — 11 Public Faalities v Proposed Accornpl. Typ , Pro osed 61 - - � Underway Underway • Complete Complete "' P Accompl. Type: w osed - Accompl. Type: y Proposed V Underway Underway . 0 s Complete Complete L. 8 Accompl. Type: • posed Accornpl. Type: y J Proposed a Underway Underway Complete - Complete Proposed Outcome Performance Measure Actual Outcome 03 Publk Fadlties and Improvements (General) 570.201(c) v Matrix Codes v i , Matrix Codes v ' Matrix Codes gly l Matrix Codes v ! Matrix Codes V 1 M CDBG • Proposed Amt. $60,683 _;-e Fund source: v Proposed Amt. a. Actual Amount ' - Actual Amount 0 Fund Source: V Proposed Amt. ; 4 Fund Source: v Proposed Amt. Actual Amount Achim{ Amount ` ▪ Accompi. Type: v Proposed Units Accompl. Type: Proposed Units is Actual Units - . Actual Units O ' d Accornpi. Type: v Proposed Units M1 Acaxnpl. Type: v Proposed Units Actual Units ( Actual Units - Project (9) 1 CPMP CPMP Version 2.0 Grantee Name: City of Boynton Beaach Project Name: Fair Housing Initiatives Description: IIDIS Project #: 110 JUOG Code: A 120264 ' Location: !N.ed t owy ° - - - Citywide Select one: , Planning/Administration v Explanation: Expected Completion Date: To provide community outreach, education, advocacy, and assist in 9j3 CaiaPI the enforcement of housing laws for residents of the City of Boynton Beach. O Decent Housing Q Suitable Living Environment 2 Economic �pportunm'_ __. _"_ - SpledAe dOCkhres - - Outcome Categories 1 f _ — _ -- — 2 Availability /Accessibility ❑ Affordability 2 r - -- ❑ Sustainabllity 31, le g 01 People ■ Pied 35 Accompl. Type: 1 Proposed c Underway Underway I Complete Complete V m Accompl. Type: v Posed Accompl. Type: NY Proposed t = Underway -� Underway F £ Complete Complete d u Accompl. Type: 1r Proposed _ Accompl. Type: v !Proposed Q Underway Underway Complete - _Complete Proposed Outcome Performance Measure Actual•Outcome 053 Fair Housing Activities (if CDBG, then subject to 570.201(e) ' Matrix Codes Nir I Matrix Codes my I 1 Matrix Codes - v Matrix Codes • 1 Matrix Codes v I " M CDBG v Proposed Amt. $5,000 - Fund Source: v I Proposed Amt. i Actual Amount Actual Amount Fund Source: w Proposed Amt. , Fund Source: v Proposed Amt. Actual Amount Actual Amount A Accompl. Type: V Proposed Units Accompl. Type: gv Units of Actual Units Actual Units 1L Accompl. Type: w Proposed Units Accompl. Type: e• Proposed Units Actual Units Actual Units Project (10) 1 CPMP 4E NT o * ' I * p CPMP Non -State Grantee O G q � a 14. Certifications Mt t)E�S° Many elements of this document may be completed electronically, however a signature must be manually applied and the document must be submitted in paper form to the Field Office. ❑ This certification does not apply. This certification is applicable. NON -STATE GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Afftrmatively 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 antidisplacement 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 dangers 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 programs; 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; 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 of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten 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 days 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. CPMP Non -State Grantee Certifications City of Boynton Beach Anti - Lobbying -- To the best of the jurisdiction's knowledge and belief: 8. No Federal 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, the 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; 9. If any funds other than Federal 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 10. It will require that the language of paragraph 1 and 2 of this anti - lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses 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. rD tid Y • Signature /Authorized Official Date Lori LaVerriere Name City Manager Title 100 E. Boynton Beach Boulevard Address Boynton Beach, Florida 33435 City/State /Zip 1(561) 742 -6010 Telephone Number APPROVED S • •• `•r �I� F ir CITY ATTORNEY - - —t CPMP Non -State Grantee Certifications City of Boynton Beach ❑ This certification does not apply. ® This certification is applicable. Specific CDBG Certifications The Entitlement Community certifies that: Citizen Partldpatlon -- 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, 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: 11. Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which 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); 12. Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2014, 2015, 2016, (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; 13. 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 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 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 public 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: 14. A policy prohibiting the use of excessive forte by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and 15. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a faality or location which is the subject of such non - violent civil rights demonstrations within its jurisdiction; CPMP Non -State Grantee Certifications City of Boynton Beach Compliance With Anti - discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601 - 3619), and implementing regulations. Lead -Based Paint -- Its activities concerning lead -based paint will comply with the requirements of part 35, subparts A, B, J, K and R, of title 24; Compliance with Laws -- It will comply with applicable laws. c ----:, A _ t _ c ...t the-A--e-e-e_ Signature /Authorized Official Date Lori LaVerriere Name City Manager Title 100 E. Boynton Beach Boulevard Address 1 Boynton Beach, Florida 33435 City /State /Zip (561) 742-6010 Telephone Number APPROVED / j ` j 1( ip ir CITY ATTORNEY CPMP Non -State Grantee Certifications City of Boynton Beach ® This certification does not apply. ❑ This certification is applicable. OPTIONAL CERTIFICATION CDBG Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG - assisted activities, which 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 to meet such needs. Signature /Authorized Official Date I N/A 1 Name N/A Title N/A Address N/A City/State/Zip N/A Telephone Number CPMP Non -State Grantee Certifications City of Boynton Beach ,-- - - -- ►i4 This certification does not apply. ❑ This certification is applicable. Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant -based rental assistance: The use of HOME funds for tenant -based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature /Authorized Official Date N/A Name 1 N/A Title N/A Address 1 N/A City /State /Zip N/A Telephone Number CPMP Non -State Grantee Certifications City of Boynton Beach ® This certification does not apply. 0 This certification is applicable; HOPWA Certifications The HOPWA grantee certifies that: Activities -- Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building -- Any budding or structure assisted under that program shall be operated for the purpose specified in the plan: 1. For at least 10 years in the case of assistance involving new construction, substantial rehabilitation, or acquisition of a facility, 2. For at least 3 years in the case of assistance involving non - substantial rehabilitation or repair of a building or structure. Signature /Authorized Official Date N/A Name 1 N/A Title 1 N/A Address N/A City/State /Zip 1 N/A Telephone Number CPMP Non -State Grantee Certifications Ci of Bo nton Beach This certification does not apply. 0 This certification is applicable. ESG Certifications I, N /A, Chief Executive Officer of N /A, certify that the local government will ensurethe provision of the matching supplemental funds required by the regulation at 24 CFR 576.51. I have attached to this certification a description of the sources and amounts of such supplemental funds. I further certify that the local government will comply with: 1. The requirements of 24 CFR 576.53 concerning the continued use of buildings for which Emergency Shelter Grants are used for rehabilitation or conversion of buildings for use as emergency shelters for the homeless; or when funds are used solely for operating costs or essential services. 2. The building standards requirement of 24 CFR 576.55. 3. The requirements of 24 CFR 576.56, concerning assurances on services and other assistance to the homeless. 4. The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part 576, and other applicable federal laws concerning nondiscrimination and equal opportunity. 5. The requirements of 24 CFR 576.59(b) concerning the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 6. The requirement of 24 CFR 576.59 concerning minimizing the displacement of persons as a result of a project assisted with these funds. 7. The requirements of 24 CFR Part 24 concerning the Drug Free Workplace Act of 1988. 8. The requirements of 24 CFR 576.56(a) and 576.65(b) that grantees develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted with ESG funds and that the address or location of any family violence shelter project will not be made public, except with written authorization of the person or persons responsible for the operation of such shelter. 9. The requirement that recipients involve themselves, to the maximum extent practicable and where appropriate, homeless individuals and families in policymaking, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities as provided by 24 CFR 76.56. 10. The requirements of 24 CFR 576.57(e) dealing with the provisions of, and regulations and procedures applicable with respect to the environmental review responsibilities under the National Environmental Policy Act of 1969 and related CPMP Non -State Grantee Certifications City of Boynton Beach authorities as specified in 24 CFR Part 58. 11. The requirements of 24 CFR 576.21(a)(4) providing that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services will meet the requirements that: (A) the inability of the family to make the required payments must be the result of a sudden reduction in income; (B) the assistance must be necessary to avoid eviction of the family or termination of the services to the family; (C) there must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and (D) the assistance must not supplant funding for preexisting homeless prevention activities from any other source. 12. The new requirement of the McKinney -Vento Act (42 USC 11362) to develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. I further understand that state and local governments are primarily responsible for the care of these individuals, and that ESG funds are not to be used to assist such persons in place of state and local resources. 13. HUD's standards for participation in a local Homeless Management Information System (HMIS) and the collection and reporting of client -level information. I further certify that the submission of a completed and approved Consolidated Plan with its certifications, which act as the application for an Emergency Shelter Grant, is authorized under state and /or local law, and that the local government possesses legal authority to carry out grant activities in accordance with the applicable laws and regulations of the U. S. Department of Housing and Urban Development. Signature /Authorized Official Date N/A Name N/A Title N/A Address 1 N/A City /State /Zip N/A Telephone Number CPMP Non -State Grantee Certifications City of Boynton Beach 0 This certification does not apply. This certification is applicable. APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug -Free Workplace Requirements 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 into this transaction imposed by section 1352, title 31, U.S. Code. Any person who falls 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. 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 knowingly rendered a 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. 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 riot identify the workplaces at the time of application, or upon award, 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. 4. 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 authonty or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. 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) Check if there are workplaces on file that are not identified here. The certification with regard to the drug -free workplace is required by 24 CFR part 21. Place Name Street City County state Zip City of Boynton Beach 100 E. Boynton Boynton Beach Palm Beach FL 33435 Beach Blvd. 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' 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 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nob 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 CPMP Non -State Grantee Certifications City of Boynton Beach 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: a. All "direct charge" employees; b. all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and c. 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 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 subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti - displacement and Relocation Plan l Signature /Authorized Official Date Lori LaVerriere Name 1 City Manager Title 100 E. Boynton Beach Boulevard Address Boynton Beach, Florida 33435 City /State /Zip (561) 742 -6010 Telephone Number APPROY • o Aktir CITY ATTORNEY CPMP Non -State Grantee Certifications � * �l * ¢ CPMP Non -State Grantee e. I Q 41d C ertifications a4u °��� Many elements of this document may be completed electronically, however a signature must be manually applied and the document must be submitted in paper form to the Field Office. ❑ This certification does not apply. ® This certification is applicable. NON -STATE GOVERNMENT 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 antidisplacement 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 dangers 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 programs; 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; 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 of his or her conviction for a violation of a criminal drug statute occumng in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten 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, induding 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 indude the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days 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. CPMP Non -State Grantee Certifications City of Boynton Beach Anti- Lobbying -- To the best of the jurisdiction's knowledge and belief: 8. No Federal 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, the 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; 9. If any funds other than Federal 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 10. It will require that the language of paragraph 1 and 2 of this anti - lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses 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 Lori LaVerriere 1 Name City Manager Title 1 100 E. Boynton Beach Boulevard Address Boynton Beach, Florida 33435 City/State /Zip (561) 742 -6010 Telephone Number APPROVED AS TO CORP& CITY ATTORNEY I CPMP Non -State Grantee Certifications Ci of Boynton Beach ❑ This certification does not apply. ® This certification is applicable. 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, 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 cntena: 11. Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which 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); 12. Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2014, 1)15, 21)16, (a penod 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; 13. 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 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 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 public 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: 14. A policy prohibiting the use of excessive forte by raw enforcement agencies within its jurisdiction against any individuals engaged in non - violent dvit nghts demonstrations; and • 15. 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; CPMP Non -State Grantee Certifications City of Boynton Beach . Compliance With Anti - discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601- 3619), and implementing regulations. Lead - Based Paint -- Its activities concerning lead -based paint will comply with the requirements of part 35, subparts A, B, J, K and R, of title 24, Compliance with Laws — It will comply with applicable laws. Signature/Authorized Official Date Lori LaVerriere Name City Manager Title 100 E. Boynton Beach Boulevard Address Boynton Beach, Florida 33435 City /State /Zip (561) 742 -6010 Telephone Number APPROVED AS TO FORM CITY ATTORNEY CPMP Non -State Grantee Certifications City of Boynton Beach ® This certification does not apply. ❑ This certification is applicable. OPTIONAL CERTIFICATION CDBG Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG- assisted activities, which 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 to meet such needs. Signature /Authorized Official Date N/A Name N/A Title 1 N/A Address N/A City/State /Zip I N/A Telephone Number CPMP Non -State Grantee Certifications City of Boynton Beach ►5 This certification does not apply. ❑ This certification is applicable. Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant -based rental assistance: The use of HOME funds for tenant -based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature /Authorized Official Date N/A 1 Name 1 N/A Title 1 N/A Address N/A City /State /Zip 1 N/A Telephone Number CPMP Non -State Grantee Certifications Ci of Bo nton Beach ® This certification does not apply. ❑ This certification is applicable. HOPWA Certifications The HOPWA grantee certifies that: Activities -- Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building -- Any building or structure assisted under that program shall be operated for the purpose specified in the plan: 1. For at least 10 years in the case of assistance involving new construction, substantial rehabilitation, or acquisition of a facility, 2. For at least 3 years in the case of assistance involving non - substantial rehabilitation or repair of a building or structure. Signature /Authorized Official Date N/A Name IN /A Title I N/A Address N/A City/State /Zip N/A Telephone Number CPMP Non -State Grantee Certifications 0 of Bo nton Beach ® This certification does not apply. ❑ This certification is applicable. ESG Certifications I, N /A, Chief Executive Officer of N /A, certify that the local government will ensure'the provision of the matching supplemental funds required by the regulation at 24 CFR 576.51. I have attached to this certification a description of the sources and amounts of such supplemental funds. I further certify that the local government will comply with: 1. The requirements of 24 CFR 576.53 concerning the continued use of buildings for which Emergency Shelter Grants are used for rehabilitation or conversion of buildings for use as emergency shelters for the homeless; or when funds are used solely for operating costs or essential services. 2. The building standards requirement of 24 CFR 576.55. 3. The requirements of 24 CFR 576.56, concerning assurances on services and other assistance to the homeless. 4. The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part 576, and other applicable federal laws concerning nondiscrimination and equal opportunity. 5. The requirements of 24 CFR 576.59(b) concerning the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 6. The requirement of 24 CFR 576.59 concerning minimizing the displacement of persons as a result of a project assisted with these funds. 7. The requirements of 24 CFR Part 24 concerning the Drug Free Workplace Act of 1988. 8. The requirements of 24 CFR 576.56(a) and 576.65(b) that grantees develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted with ESG funds and that the address or location of any family violence shelter project will not be made public, except with written authorization of the person or persons responsible for the operation of such shelter. 9. The requirement that recipients involve themselves, to the maximum extent practicable and where appropriate, homeless individuals and families in policymaking, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities as provided by 24 CFR 76.56. 10. The requirements of 24 CFR 576.57(e) dealing with the provisions of, and regulations and procedures applicable with respect to the environmental review responsibilities under the National Environmental Policy Act of 1969 and related CPMP Non -State Grantee Certifications City of Boynton Beach authorities as specified in 24 CFR Part 58. 11. The requirements of 24 CFR 576.21(a)(4) providing that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services will meet the requirements that: (A) the inability of the family to make the required payments must be the result of a sudden reduction in income; (B) the assistance must be necessary to avoid eviction of the family or termination of the services to the family; (C) there must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and (D) the assistance must not supplant funding for preexisting homeless prevention activities from any other source. 12. The new requirement of the McKinney -Vento Act USC 11362) to develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. I further understand that state and local governments are primarily responsible for the care of these individuals, and that ESG funds are not to be used to assist such persons in place of state and local resources. 13. HUD's standards for participation in a local Homeless Management Information System (HMIS) and the collection and reporting of lient -level information. I further certify that the submission of a 'proved Consolidated Plan with its certifications, which act a - - rgency Shelter Grant, is authorized under state an - overnment possesses legal authority to carry • applicable laws and regulations of velopment. Signature /Autho N/A Name N/A Title N/A Address N/A City/State /Zip N/A Telephone Number CPMP Non -State Grantee Certifications City of Boynton Beach ❑ This certification does not apply. ® This certification is applicable. APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug -Free Workplace Requirements 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 into this transaction imposed by section 1352, title 31, U.S. Code. Any person who falls 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. 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 knowingly rendered a 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. 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 award, 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. 4. 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 employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. 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) Check if there are workplaces on file that are not identified here. The certification with regard to the drug -free workplace is required by 24 CFR part 21. Place - Name Street City County state Zip City of Boynton Beach 100 E. Boynton Boynton Beach Palm Beach FL 33435 Beach Blvd, 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' 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 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nob 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 CPMP Non -State Grantee Certifications 0 of Bo nton Beach 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: a. All "direct charge" employees; b. all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and c. 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 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 subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti - displacement and Relocation Plan Signature /Authorized Official Date Lori LaVerriere Name City Manager Title 100 E. Boynton Beach Boulevard Address Boynton Beach, Florida 33435 City /State /Zip (561) 742 -6010 Telephone Number APPROVED AS TO FORM: • CITY ATTORNEY CPMP Non -State Grantee Certifications AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AID TO VICTIMS OF DOMESTIC ABUSE, INC. THIS AGREEMENT, entered into this) day of A i,.w' .0 �_ • 0 4, by and between the City of Boynton Beach, a political subdivision of the State o 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 6161, Delray Beach, Florida 33482 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 VIC l iMS 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 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) "CID" means Community Improvement Division 4) "The Agency" means AID TO VICTIMS OF DOMESTIC ABUSE, INC. Page 1 of 17 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 CONDITIONS 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 $15,000.00 for the period of October 1, 2014 through September 30, 2015. 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 17 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, CFDA No. 14.218, Award No. B- 14 -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 retroactive with the effective date of October 1, 2014 or receipt of an Order to Proceed in writing from CID. In any event, all services required hereunder shall be completed by the Agency by September 30, 2015. 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 final payment shall be submitted to CID for approval no later than thirty (30) days after the end of the contract date.. 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 October 1, 2014. Page 3 of 17 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. Page 4 of 17 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, A -122, and A -133 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 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, 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 17 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. 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 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 17 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 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 4949.5 (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 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 Page 7 of 17 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 $500,000 or more under only one federal program must have a program specific audit performed audit performed, in accordance with OMB A -133. Nonprofit organizations that expend less than $500,000 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 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 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 four (4) years after expiration of this Agreement. Page 8 of 17 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. The 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 17 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 The 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 funds available under this agreement. The Agency Marketing Plan shall include materials in Spanish & Creole and be promoted through churches, synagogues, mosques, and other houses of worship that are inclusive of Hispanic and Haitian communities. The Agency Marketing Plan will also include materials that provide information on how to request reasonable accommodations and will list TTY or Florida Relay Service number. 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 Page 10 of 17 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, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 5) Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 6) Florida Statutes, Chapter 112 and 768.28 7) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 8) The City of Boynton Beach Procurement Policy & 24 CFR 85.36 - Procurement 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) The Agency's Limited English Proficiency (LEP) Plan 14) The Agency's Affirmative Marketing Plan 15) Current list of the Agency's Officers and members of Board of Directors 16) 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 Improvement. Item 8 will be furnished to the Agency by CID. Items 9 through 16 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) Page 11 of 17 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. 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. 0. 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. Page 12 of 17 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. 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. T. Public Records The City of Boynton Beach is public agency subject to Chapter 119, Florida Statutes. The Agency shall comply with Florida's Public Records Law. Specifically, the Agency shall: 1) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2) Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4) Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the Agency. Page 13 of 17 The failure of Agency to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Part IV, Section M of the Agreement. U. Counterparts of This Agreement 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. irOk WITNESS our Hands and Seals on the II day of,L ftr/YY A 1 1 I ST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Honda A BY' BY: Aso ITY CLERK i CITY MANAGER . 'T Y C? fi. APPROVED AS TO FORM: i' CITY ATTORN PPP- s .2" r V P . N AID TO VICTIMS OF DO C ABUSE, INC. BY: 14.E Al i [C • RPORATE SEAL] Page 14 of 17 AID TO VICTIMS OF DOMESTIC ABUSE, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees to, within the time line of October 1, 2014 through September 30, 2015 to: A. Provide programs in schools to students in Pre -K to 12 grade designed to prevent domestic violence. B. Identify children living in homes where domestic abuse is present. Children who are identified as being affected by domestic violence are given the opportunity to participate in a support group. C. Goals of the programs include: 1. Provide domestic violence education presentations for 250 students in the municipality of Boynton Beach. 2. Provide advanced, intensive domestic violence prevention curricula with community impact projects for 25 students in the municipality of Boynton Beach. 3. Provide safety planning to students at presentations. D. 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 CID and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. Reimburse the Agency for the following budget items: Salaries & Benefits $15,000.00 TOTAL $15,000.00 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 17 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. 0. Box 310 Boynton Beach, Florida 33425 -0310 From: [Name of Sub - grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT 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 17 AID TO VICTIMS OF DOMESTIC ABUSE, INC. EXHIBIT C PART IV.L: CONTRACT DOCUMENTS 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A -110, A -122 and A -133 http: / /www whitehouse.gov /omb /circulars a110/ http: // www .whitehouse.gov /omb /circulars a122 2004/ http: / /www.whitehouse.gov /omb /circulars /a133 compliance supplement 2011 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 http• / /www.lustice.gov /crt /about /cor /coord /titlevi php http://www.archives.gov/education/lessons/civil-rights-act/ http• / /www2.ed.gov/ policy /rights /guid /ocr /ageoverview html http : / /www.ada gov /pubs /ada.htm 4) Executive Orders 11246, 11478, 11625, 12432, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 http: / /portal hud gov /hudportal /HUD ?src= /program offices /fair housing equal opp /FHLaws /EX011246 httpi /www archives. gov /federal- register /codification /executive- order /11478.html http: / /www. archives.gov / federal - register /codification /executive- order /11625.html http: / /www.a rchives.gov/ federal - register /codification /executive- order /12432.htm 1 http / /www.lustice.gov /crt /about /cor /13166.php http. / /www.dol gov /whd /govcontracts /dbra.htm http: / /portal.hud.gov /hudportal /HUD ?src= /program offices /fair housing equal opp /FHLaws /109 5) Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 http: // portal. hud .gov /hudportal /HUD ?src = /program offices /fair housing equal opp /FHLaws /EX011063 http: / /www.archives.gov /federa I- register /codification /executive - order /12259.htm 1 http. / /portal.hud.gov /hudportal /HUD ?src = /program offices /fair housing equal opp /FHLaws /EX012892 http: // portal. hud .gov /hudportal /HUD ?src = /program offices /fair housing equal opp /FHLaws /yourrights 6) Florida Statutes, Chapter 112 and 768 28 http: / /www.leg.state.fl.us /statutes /index.cfm ?App mode = Display Statute&URL=0100- 0199 /0112 /0112PartlContentslndex html &StatuteYear = Title= %2D %3E2011 %2D %3EChapter %20112 %2D %3EP art %201 http.//www flsenate.gov /Laws /Statutes /2011/768.28 7) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended http: / /law lustia.com /cfr /title24/24 -3.1 1.3.4.html Page 17 of 17 Rio -ow, AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION THIS AGREEMENT, entered into this \k day of 014, 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 2191 N. Seacrest Boulevard, Boynton Beach, Florida 33435 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 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) "CID" means Community Improvement Division 4) "The Agency" means BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION Page 1 of 17 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 CONDITIONS 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 $100,000.00 for the period of October I, 2014 through September 30, 2015. 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 17 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, CFDA No. 14.218, Award No. B- 14 -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 retroactive with the effective date of October 1, 2014 or receipt of an Order to Proceed in writing from CID. In any event, all services required hereunder shall be completed by the Agency by September 30, 2015. 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 final payment shall be submitted to CID for approval no later than thirty (30) days after the end of the contract date.. 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 October 1, 2014. Page 3 of 17 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. Page 4 of 17 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, A -122, and A -133 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 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, 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 - 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 17 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. 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 Minoritv/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 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 17 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 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 4949.5 (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 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 Page 7 of 17 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 $500,000 or more under only one federal program must have a program specific audit performed audit performed, in accordance with OMB A -133. Nonprofit organizations that expend less than $500,000 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 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 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 four (4) years after expiration of this Agreement. Page 8 of 17 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. The 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 17 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 The 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 funds available under this agreement. The Agency Marketing Plan shall include materials in Spanish & Creole and be promoted through churches, synagogues, mosques, and other houses of worship that are inclusive of Hispanic and Haitian communities. The Agency Marketing Plan will also include materials that provide information on how to request reasonable accommodations and will list TTY or Florida Relay Service number. 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 Page 10 of 17 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, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 5) Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 6) Florida Statutes, Chapter 112 and 768.28 7) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 8) The City of Boynton Beach Procurement Policy & 24 CFR 85.36 - Procurement 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) The Agency's Limited English Proficiency (LEP) Plan 14) The Agency's Affirmative Marketing Plan 15) Current list of the Agency's Officers and members of Board of Directors 16) 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 Improvement. Item 8 will be furnished to the Agency by CID. Items 9 through 16 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) Page 11 of 17 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. 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. 0. 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. Page 12 of 17 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. 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. T. Public Records The City of Boynton Beach is public agency subject to Chapter 119, Florida Statutes. The Agency shall comply with Florida's Public Records Law. Specifically, the Agency shall: 1) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2) Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4) Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the Agency. Page 13 of 17 The failure of Agency to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Part IV, Section M of the Agreement. U. Counterparts of This Agreement 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) •A ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida • BY• B TTY CLERK 4 CITY MANAGER G �1 Y O APPROVED AS TO FORM: CITY ATTOR \ A z . 0 BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION [CORPORATE SEAL] Page 14 of 17 BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION EXHIBIT A WORK NARRATIVE I. The Agency agrees, within the time line of October 1, 2014 through September 30, 2015, to provide the following services: A. Complete pre - purchase Homebuyer Counseling for 150 prospective homebuyers. B. Acquire, renovate /construct, and sell four (4) vacant /abandoned foreclosed properties to low - to- moderate income families. C. Identify and secure five (5) vacant lots in the Model Block redevelopment area through donations from the City to construct five (5) affordable housing units. D. Secure construction financing for Model Block project. E. Initiate pre - development work on Model Block project and complete site planning and rezoning approval if needed and finalizing architectural plans. F. Conduct RFP process and select builder for Model Block project G. Submit Building plans and begin construction of not less than five (5) affordable housing units in the Model Block area. H. Sell all units to eligible first time homebuyers. I. Complete the sale of all remaining NSP -3 homes. J. 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 CID and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. Reimburse the Agency for the following budget items: Executive Director $17,500.00 Project Manager 19,000.00 Homebuyer Coordinator Salary 32,000.00 Benefits /FICA Medicaid 6,500.00 Health Insurance 5,000.00 Accounting /Bookkeeping 20,000.00 TOTAL $100,000.00 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 17 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. 0. Box 310 Boynton Beach, Florida 33425 -0310 From: [Name of Sub- grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT 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 17 BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION EXHIBIT C PART IV.L: CONTRACT DOCUMENTS 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A -110, A -122 and A -133 http: / /www.whitehouse.gov /omb /circulars a110/ http: / /www.whitehouse.gov /omb /circulars a122 2004/ http: / /www.whitehouse.gov /omb /circulars /a133 compliance supplement 2011 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 http://www.fustice.gov/crt/about/cor/coord/titlevi.ohp htto://www.archives.gov/educati on/lessons/civil-rights-act/ http://www2.ed.gov/policy/rights/guid/ocr/ageoverview.html http: / /www.ada.gov /pubslada.htm 4) Executive Orders 11246, 11478, 11625, 12432, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 http: / /portal.hud.gov /hudportal /HUD ?src= /program offices /fair housing equal app /FHLaws /EX011246 http: / /www. a rch ives.gov /federa I- register /codification /executive- order /11478. htm I http: / /www. archives.gov /federal- register /codification /executive - order / I http: / /www.a rchives.gov /federal- register /codification /executive- order /12432.htm I htto://www.iustice.gov/crt/about/cor/13166.php http://www.dol.gov/whd/govcontracts/dbra.htm http: / /portai.hud.gov /hudportal /HUD ?src= /program offices /fair housing equal opp /FHLaws /109 5) Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 http: / /portal.hud.gov /hudportal /HUD ?src = /program offices /fair housing equal opp /FHLaws /EX011063 http: / /www.a rch ives.gov /federa I- register /codification /executive- order /12259.html http: / /portal.hud.gov /hudportal /HUD ?src = /program offices /fair housing equal opp/FHLaws/EX012892 http: / /portal.hud.gov /hudportal /HUD ?src= /program offices /fair housing equal opp /FHLaws /vourrights 6) Florida Statutes, Chapter 112 and 768.28 http: / /www.leg.state.fl.us /statutes /index.cfm ?App mode = Display Statute&URL=0100- 0199/ 0112 /0112PartlContentslndex .html &StatuteYea r= 2011 &Title= %2D %3E2011 %2D %3 EChapter %20112 %2D %3EP art%201 http: / /www flsenate.gov/Laws/Statutes/2011/768.28 7) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended http://law.iustia.com/cfr/title24/24-3.1.1.3.4.html Page 17 of 17 R 1 4 - o(0(a AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. THIS AGREEMENT, entered into this I day of 014, 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 GREATER 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. 4 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 GREATER 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 GREATER 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) "CID" means Community Improvement Division 4) "The Agency" means COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. Page 1 of 17 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 CONDITIONS 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 $46,728.00 for the period of October I, 2014 through September 30, 2015. 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 17 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, CFDA No. 14.218, Award No. B- 14 -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 retroactive with the effective date of October 1, 2014 or receipt of an Order to Proceed in writing from CID. In any event, all services required hereunder shall be completed by the Agency by September 30, 2015. 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 final payment shall be submitted to CID for approval no later than thirty (30) days after the end of the contract date. 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 October 1, 2014. Page 3 of 17 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. Page 4 of 17 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, A -122, and A -133 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 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, 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 additionai 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 17 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. 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 Minoritv/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 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 17 C. Protect 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 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 4949.5 (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 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 Page 7 of 17 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 $500,000 or more under only one federal program must have a program specific audit performed audit performed, in accordance with OMB A -133. Nonprofit organizations that expend less than $500,000 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 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 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 four (4) years after expiration of this Agreement. Page 8 of 17 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. The 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 17 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 The 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 funds available under this agreement. The Agency Marketing Plan shall include materials in Spanish & Creole and be promoted through churches, synagogues, mosques, and other houses of worship that are inclusive of Hispanic and Haitian communities. The Agency Marketing Plan will also include materials that provide information on how to request reasonable accommodations and will list TTY or Florida Relay Service number. 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 Page 10 of 17 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, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 5) Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 6) Florida Statutes, Chapter 112 and 768.28 7) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 8) The City of Boynton Beach Procurement Policy & 24 CFR 85.36 - Procurement 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) The Agency's Limited English Proficiency (LEP) Plan 14) The Agency's Affirmative Marketing Plan 15) Current list of the Agency's Officers and members of Board of Directors 16) 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 Improvement. Item 8 will be furnished to the Agency by CID. Items 9 through 16 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) Page 11 of 17 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. 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. 0. 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. Page 12 of 17 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. 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. T. Public Records The City of Boynton Beach is public agency subject to Chapter 119, Florida Statutes. The Agency shall comply with Florida's Public Records Law. Specifically, the Agency shall: 1) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2) Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4) Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. Page 13 of 17 The failure of Agency to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Part P1, Section M of the Agreement. U. Counterparts of This Agreement 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 )4 A.2014. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida • ii 8Y•�k . t • �Ls `� `« CLERK CITY MANAGER TO FORM: 1 APPROVED AS CITY ATTORN J $- 0 N ..: COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. BY� • `' et, [CORPORATE SEAL] Page 14 of 17 COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees, within the time line of October 1, 2014 through September 30, 2015, to provide the following services: A. Provide emergency food for 1,000 households through the Pantry at the Community Caring Center B. Provide Emergency Disaster Assistance: Pre- and Post- activity, as needed C. Provide financial aid for the following: [amount of assistance depends on funds available] • Emergency transportation /Gas /Bus Passes • Utility bill pay assistance • Rent/mortgage assistance • Prescriptions and medication assistance • Temporary emergency lodging vouchers D. Senior, frail, and elderly caregiving program E. Referral services for homeless, job placement and tax information F, Provide assistance for applying to State of Florida access for SSI, food stamps, prescription drug, and disability G. Provide health related classes — nutrition & chronic illness management H. 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 CID and HUD regulations and this agreement. II. The City Agrees to: A. Reimburse the Agency for the following budget items: Salaries $36,228.00 Insurances 2,500.00 Utilities 1,500.00 Rent 1,500.00 Audit 5,000.00 TOTAL $46,728.00 A. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. 8. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. C. 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 17 COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. 0. Box 310 Boynton Beach, Florida 33425 -0310 From: [Name of Sub - grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT 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 17 COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. EXHIBIT C PART IV.L: CONTRACT DOCUMENTS 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A -110, A -122 and A -133 htto:/ /www whitehouse.gov /omb /circulars a110/ http:/ /www whitehouse.gov /omb /circulars a122 2004/ http: / /www.whitehouse.gov /omb /circulars /a133 compliance supplement 2011 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title 11 of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 http://www.iustice.gov/crt/about/cor/coord/titlevi.php http : / /www archives goy/ education /lessons /civil - rights -act/ http://www2.ed.gov/policy/rights/guid/ocr/ageoverview.html http://www.ada.gov/pubs/ada.htm 4) Executive Orders 11246, 11478, 11625, 12432, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 htto: / /portal.hud.gov /hudportal /HUD ?src= /program offices /fair housing equal opp /FHLaws /EX011246 http :/ /www. archives.gov/ federal - register / codification /executive - order /11478.html http: / /www. a rch ives.gov/ federal - register /codification /execu tive- order /11625. html htto: / /www.archives.gov/ federal- registerJcodification /executive- order /12432.html http://www.justice.gov/crt/about/cor/13166.php http://www.dol.gov/whd/govcontracts/dbra.htm http: / /portal.hud.gov /hudportal /HUD ?src= /program offices /fair housing equal opp /FHLaws /109 5) Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 http / /portal hud.gov /hudportal /HUD ?src = /program offices /fair housing equal opp /FHLaws /EX011063 http: / /www.archives gov /federal- register /codification /executive- order /12259.html http / /portal.hud.gov /hudportal /HUD ?src = /program offices /fair housing equal opp /FHLaws /EX012892 http:// portal .hud.govjhudportal /HUD /program offices /fair housing equal opp /FHLaws /vournghts 6) Florida Statutes, Chapter 112 and 768.28 http: / /www.ieg. state .fl.us /statutes /index.cfm ?App mode = Display Statute&URL=0100- 0199 /0112 /0112PartiContentslndex. html &StatuteYear= 2011 &Title = %2D %3 E2011 %2D %3 EChapter %20112 %2D %3EP art %204 http: // www. flsenate .gov /Laws /Statutes /2011/768.28 7) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended http: // law .justia.com /cfr /title24/24 -3.1 1.3.4.html Page 17 of 17 14 - oe(c2 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH THIS AGREEMENT, entered into this ( day of 014, 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 THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH, having its principal office at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435 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 THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage THE RECREATION AND PARKS DEPARTMENT, 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 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 4) "The Department" means THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH Page 1 of 17 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 Department 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 Department 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 CONDITIONS OF PAYMENT A. Maximum Compensation The Department 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 Department 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 $10,000.00 for the period of October I, 2014 through September 30, 2015. Page 2 of 17 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 Department 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, CFDA No. 14.218, Award No. B- 14 -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 Department shall commence upon execution of this Agreement retroactive with the effective date of October 1, 2014 or receipt of an Order to Proceed in writing from CID. In any event, all services required hereunder shall be completed by the Department by September 30, 2015. C. Method of Payment The City agrees to make payments and /or to reimburse the Department for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Department or any Subcontractor hereunder. Requests by the Department for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and final payment shall be submitted to CID for approval no later than thirty (30) days after the end of the contract date.. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Department 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 Department 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 17 Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate October 1, 2014. D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Department 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 Department'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 the with CID. Should a project receive additional funding after the commencement of this Agreement, the Department 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 Department 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 Department 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 Department 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. Page 4 of 17 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, A -122, and A -133 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 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, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Department 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 Department 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 Department shall Page 5 of 17 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 Department 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. Opportunities for Residents and Civil Rights Compliance The Department 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 Department 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 Department shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 17 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 Department shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Department 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 Department 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 Department 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 4949.5 (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 Department 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 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 Department 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 Department will permit CID, the City, U.S. HUD, or the Page 7 of 17 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 -131 Nonprofit organizations expending federal awards of $500,000 or more under only one federal program must have a program specific audit performed audit performed, in accordance with OMB A -133. Nonprofit organizations that expend less than $500,000 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 Department to submit an audit by a Certified Public Account of the Department'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 Department. The City will be responsible for providing technical assistance to the Department, 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 Department 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 Department 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 Department shall keep all documents and records for four (4) years after expiration of this Agreement. Page 8 of 17 G. Indemnification and Insurance The Department recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Department 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 Department 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 Department 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 Department. The Department'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 Department 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. The Department 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 Department's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Department. The Department 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 Department 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 Page 9 of 17 herein. The Department 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 Department. Any possible conflict of interest on the part of the Department 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 The Department shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Department in carrying out the provisions of this Agreement. Representatives of the Department 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 Department 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 Department will make a good faith effort to recognize City's support for all activities made possible with funds available under this agreement. The Department Marketing Plan shall include materials in Spanish & Creole and be promoted through churches, synagogues, mosques, and other houses of worship that are inclusive of Hispanic and Haitian communities. The Department Marketing Plan will also include materials that provide information on how to request reasonable accommodations and will list TTY or Florida Relay Service number. 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 Page 10 of 17 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, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 5) Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 6) Florida Statutes, Chapter 112 and 768.28 7) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 8) The City of Boynton Beach Procurement Policy & 24 CFR 85.36 - Procurement 9) The Department's Personnel Policies and Job Descriptions 10) The Department's Incorporation Certificate and Articles of Incorporation 11) The Department's by -laws 12) The Department's Certificate of Insurance and Bonding 13) The Department's Limited English Proficiency (LEP) Plan 14) The Department's Affirmative Marketing Plan 15) Current list of the Department's Officers and members of Board of Directors 16) Proof of Department'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. Item 8 will be furnished to the Department by CID. Items 9 through 16 above shall be transmitted to CID by the Department. 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 Department with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Department 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 Department, and the City may withhold any payment to the Department until such time as the exact amount of damages due to the City from the Department is determined. 1) Termination for Cause If through any cause the Department shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Department shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Department with Page 11 of 1.7 written notice specifying the exact nature of the failure or violation. Thereafter, the Department has (30) calendar days to remedy the failure or violation. In the event that the Department 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 Department 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 Department 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 1 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. 0. Leveraging The Department 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. Page 12 of 17 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 Department 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 Department 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. T. Public Records The City of Boynton Beach is public agency subject to Chapter 119, Florida Statutes. The Department shall comply with Florida's Public Records Law. Specifically, the Department shall: 1) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2) Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4) Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the Department. Page 13 of 17 The failure of Department to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Part IV, Section M of the Agreement. U. Counterparts of This Agreement 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 11 day o 2014. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY CLERK CITY MANAGER G AT Y O4 APPROVED AS TO FORM: 4(.1. C " ATTORN J �, P 4'1.0 N 6� THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEA BY: Wally Majors, Recreation & Parks Director Page 14 of 17 THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH EXHIBIT A WORK NARRATIVE I, The Department agrees to, within the time line of October 1, 2014 through September 30, 2015 to: A. Process applications for CDBG assistance for up to 30 eligible low and moderate - income families and keep files with supporting documentation for each of said families. CDBG eligibility may be based on the Department's review of income information such as tax returns and pay stubs or may use eligibility for other government assistance such as free school lunches. In the absence of any of the above, the Department may require the family to sign a document attesting to their income information and status. B. Provide a determination that applicant households are income eligible under HUD guidelines based on income and household size, using the Florida Income Eligibility Guidelines for free /reduced price meals. C. Admit children of eligible families to summer camp activities. D. Coordinate summer camp activities. E. Provide reports to the Community Improvement Division regarding income and family size of assisted families. II. The City Agrees to: A. Determine the eligibility of the activity for CDBG funding and establish the National Objective to be met by the activity as set forth in 24 CFR Part 570. B. Allocate Ten Thousand Dollars ($10,000) in CDBG funding to the Recreation and Parks Department for use in providing scholarships to children of low and moderate income families. C. Inform the Recreation and Parks Department of any changes in CDBG regulations or program limits that affect the program. D. Review income documentation and process payments for scholarships. E. Provide technical assistance to ensure compliance with U.S. HUD, and applicable State and Local regulations. F. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. G. Monitor the Recreation and Parks Department at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by Community Improvement and will serve to ensure compliance with U.S. HUD and other regulations and to verify the accuracy of reporting procedures on program activities as described. Page 15 of 17 THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. 0. Box 310 Boynton Beach, Florida 33425 -0310 From: [Name of Sub-grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT 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 17 THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH EXHIBIT C PART IV.L: CONTRACT DOCUMENTS 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A -110, A -122 and A -133 http: / /www.whitehouse.gov /omb /circulars a110/ http: / /www whitehouse gov /omb /circulars a122 2004/ http: / /www.whitehouse gov /omb /circulars /a133 compliance supplement 2011 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title 11 of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 http.//www.lustice.gov/crt/about/cor/coordititlevi.php http://www.archives.gov/education/lessons/civil-rights-act/ http://www2.ed.gov/policy/rights/guid/ocr/ageoverview.html http://www.ada.gov/pubs/ada.htm 4) Executive Orders 11246, 11478, 11625, 12432, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 http: / /portal.hud.gov /hudportal /HUD ?src= /program offices /fair housing equal opp /FHLaws /EX011246 http: / /www.archives.gov/ federal - register /codification /executive- order /11478.html http. / /www archives.govJfederal- register /codification /executive- order /11625.html http:/ /www. arch ives.gov /federa I- register /codification /executive- order /12432.html http://www.iustice.gov/crt/about/cor/13166.php http: / /www.dol gov /whd /govcontracts /dbra.htm http: / /portal.hud.gov /hudportal /HUD ?src = /program offices /fair housing equal opp /FHLaws /109 5) Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 http: / /portal hud.gov /hudportal /HUD ?src = /program offices /fair housing equal opp /FHLaws /EX011063 http: / /www.archives.gov /federa l- register /codification /executive- order /12259. htm I http / /portal.hud.gov /hudportal /HUD ?src= /program offices /fair housing equal opp /FHLaws /EX012892 http./ /portal hud.gov /hudportal /HUD ?src = /program offices /fair housing equal opp /FHLaws /yourrights 6) Florida Statutes, Chapter 112 and 768.28 http: / /www.leg.state.fl.us /statutes /index.cfm ?App mode= Display Statute&URL=0100- 0199J0112/0112 PartlContentsI ndex.html &Statuteyear= 2011 &Title = %2D %3 E2011 %2D %3 EChapter %20112%2 D %3EP art %201 http / /www,flsenate .gov /Laws /StatutesJ2011 /768.28 7) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended http / /law iustia.com /cfr /title24/24 -3.1 1.3 4 html Page 17 of 17 R P-1- obi AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND NEIGHBORHOOD RENAISSANCE, INC. I 6 THIS AGREEMENT, entered into this � I day of 014, 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 NEIGHBORHOOD RENAISSANCE, INC., a non - profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 510 24 Street, Suite A, West Palm Beach, FL 33407 and its Federal Tax Identification Number as 65- 0352279. 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 NEIGHBORHOOD RENAISSANCE, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage NEIGHBORHOOD RENAISSANCE, 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 / 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) "CID" means Community Improvement Division 4) "The Agency" means NEIGHBORHOOD RENAISSANCE, INC. Page 1 of 17 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 CONDITIONS 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 $60,683.04 for the period of October I, 2014 through September 30, 2015. 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 17 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, CFDA No. 14.218, Award No. B- 14 -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 retroactive with the effective date of October 1, 2014 or receipt of an Order to Proceed in writing from CID. In any event, all services required hereunder shall be completed by the Agency by September 30, 2015. 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 final payment shall be submitted to CID for approval no later than thirty (30) days after the end of the contract date.. 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 October 1, 2014. Page 3 of 17 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. Page 4 of 17 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, A -122, and A -133 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 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, 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 17 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. 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 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 17 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 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 4949.5 (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 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 Page 7 of 17 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 $500,000 or more under only one federal program must have a program specific audit performed audit performed, in accordance with OMB A -133. Nonprofit organizations that expend less than $500,000 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 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 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 four (4) years after expiration of this Agreement. Page 8 of 17 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. The 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 17 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 The 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 funds available under this agreement. The Agency Marketing Plan shall include materials in Spanish & Creole and be promoted through churches, synagogues, mosques, and other houses of worship that are inclusive of Hispanic and Haitian communities. The Agency Marketing Plan will also include materials that provide information on how to request reasonable accommodations and will list TTY or Florida Relay Service number. 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 Page 10 of 17 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, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 5) Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 6) Florida Statutes, Chapter 112 and 768.28 7) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 8) The City of Boynton Beach Procurement Policy & 24 CFR 85.36 - Procurement 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) The Agency's Limited English Proficiency (LEP) Plan 14) The Agency's Affirmative Marketing Plan 15) Current list of the Agency's Officers and members of Board of Directors 16) 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 Improvement. Item 8 will be furnished to the Agency by CID. Items 9 through 16 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) Page 11 of 17 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. 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. 0. 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. Page 12 of 17 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. 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. T. Public Records The City of Boynton Beach is public agency subject to Chapter 119, Florida Statutes. The Agency shall comply with Florida's Public Records Law. Specifically, the Agency shall: 1) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2) Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3) Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4) Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the Agency upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the Agency. Page 13 of 17 The failure of Agency to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Part IV, Section M of the Agreement. U. Counterparts of This Agreement 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. r WITNESS our Hands and Seals on the 1 t day of 'a • • • IL 014. ■ ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida . , B iI T Y CLERK ( CITY MANAGER i APPROVED AS TO FORM: I l / CITY ATTORN - GtT Cs4 CO \\ ., 4 NEIGHBORHOOD RENAISSANCE, INC. r o N 6 / BY: 49 nn 4)1(' N/Qet7Cf.- [CORPORATE SEAL] ` ��.���p REIy,� i: FA Pi t •: P Ri SEAL _ z v .. 1992 Page 14 of 17 ,, ' ,,, rfrrr .r' NEIGHBORHOOD RENAISSANCE, INC. EXHIBIT A WORK NARRATIVE L The Agency agrees to, within the time line of October 1, 2014 through September 30, 2015 to: A. Complete Phase I of the Heart of Boynton Model Block, which includes the following neighborhood improvements: a bus shelter, entryway signage, street trees & irrigation, and sidewalks, curbing & gutters. These improvements will lay the groundwork for Phase II, the construction of approximately 13 affordable single family homes. B. Goals include the installation of: 1. A bus shelter along Seacrest Boulevard to be located in the area near N.W. 11 Avenue, or near the entrance to Martin Luther King Jr. Boulevard. 2. Entryway signage at the southwest corner of 11 Avenue and Seacrest Boulevard. 3. Approximately 27 street shade trees to be planted on west Martin Luther King Jr. Boulevard. 4. Approximately 1,400 linear sidewalk feet and 623 feet of curbs and gutters. C. 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 CID and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. Reimburse the Agency for the following budget items: Bus Shelter $10,000.00 Entry Way Signage 12,000.00 Trees & Irrigation 25,000.00 Sidewalk, curb & gutter 13,683.00 TOTAL $60,683.00 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 17 NEIGHBORHOOD RENAISSANCE, INC. EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. 0. Box 310 Boynton Beach, Florida 33425 -0310 From: [Name of Sub - grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT 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 17 NEIGHBORHOOD RENAISSANCE, INC. EXHIBIT C PART IV.L: CONTRACT DOCUMENTS 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A -110, A -122 and A -133 http: / /www.whitehouse.gov /omb /circulars a110/ http: / /www.whitehouse.eov /omb /circulars a122 2004/ http: / /www.whitehouse.aov /omb /circulars /a133 compliance supplement 2011 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 http: / /www.(ustice.gov /crt/about /car /coord /titievI PhD http: / /www.archives.gov /education /lessons /civil - rights - act/ http://www2.ed.gov/policv/rights/guid/ocr/ageoverview.html http://www.ada.gov/pubs/ada.htm 4) Executive Orders 11246, 11478, 11625, 12432, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 http: / /portal.hud.gov /hudportal /HUD ?src= /program offices /fair housing equal opp /FHLaws /EX011246 http: / /www.arch ives.gov /federal- register /codification /executive - order /11478.html http://www.archives.gov/federal-register/codificati on/executive-order/11625.html http : / /www.archives.gov /federal- register /codification /executive - order / http: / /www iustice.gov /crt/about /cor /13166.php http://www.dol.gov/whd/govcontracts/dbra.htm http: / /portal.hud.gov /hudportal /HUD ?src = /program offices /fair housing equal opp /FHLaws /109 5) Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 http: / /portal.hud.gov /hudportal /HUD ?src = /program offices /fair housing equal opp /FHLaws /EX011063 http: / /www.a rchives.gov /federa I- register /codification /executive- order /12259.htm I http: / /portal.hud.gov /hudportal /HUD ?src = /program offices /fair housing equal opp /FHLaws /EX012892 http: / /portal.hud.gov /hudportal /HUD ?src = /program offices /fair housing equal opp /FHLaws /vourrights 6) Florida Statutes, Chapter 112 and 768.28 http: / /www.leg.state.fl.us /statutes /index.cfm ?App mode= Disolav Statute&URL=0100- 0199 /0112 /0112PartlContentsi ndex.html &StatuteYear = 2011 &Title= %2D %3E2011%2D %3EChapter %20112 %2D %3EP art %201 htto://www flsenate.gov /Laws /Statutes /2011/768.28 7) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended http:// law.iustia.com /cfr /title24/24 -3 1.1.3.4.html Page 17 of 17