R17-0021
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RESOLUTION NO. R17 -002
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING DISTRIBUTION OF
COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS AND AUTHORIZING THE CITY MANAGER
TO ENTER TO AGREMENTS WITH SELECTED SUB -
GRANTEE RECIPIENTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission has reviewed the recommendations of City Staff
for distribution of FY 2017 Community Development Block Grant funds to qualified
organization and approves the recommendations as herein set forth.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are true and correct and
hereby ratified and confirmed by the City Commission
Section 2 . The following organizations are designated by the City as sub - grantee
recipients of Community development Block Grant funds in the amount shown:
Aid for Victims of Domestic Assault
$ 10,000
Boynton Beach CDC
$ 130,000
Community Caring Center
$ 40,683
Legal Aid Society
$ 4,000
Pathways to Prosperity
$ 20,000
Section 3. The City Manager is authorized to sign agreements with the foregoing
listed organizations to effectuate the approved distribution of funds.
Section 4. That this Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this _Kd day of / 6x '/jUt4&j, 2017.
{00164639.1 306 - 90018211
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CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant ..-1
Vice Mayor — Mack McCray
Commissioner — Justin Katz
Commissioner — Christina L. Romelus
Commissioner — Joe Casello
VOTE
ATTEST:
O J th A. Pyle, CMC
ty Clerk
(Corporate Seal)
{00164639.1306- 9001821)
9)1_ poi
FY 2016 -2017 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT between CITY OF BOYNTON BEACH
and
AID TO VICTIMS OF DOMESTIC ABUSE, INC.
THIS AGREEMENT is entered into this day of , 2017
between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafte eferred
to as "CITY," and AID TO VICTIMS OF DOMESTIC ABUSE, INC. hereinafter referred to as "the
SUBRECIPIENT," having its principal office at Post Office Box 6161, Delray Beach, Florida 33482
and its Federal Tax Identification number as 59- 2486620.
WITNESSETH:
WHEREAS, the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended); and AID TO VICTIMS OF
DOMESTIC ABUSE, INC.
WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an
activity of the Boynton Beach CDBG Program;
NOW, THEREFORE,. in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
Definitions
1.1 "CDBG' means Community Development Block Grant program..
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Dept. of HUD.
1.4 "Program Income" means gross income received directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.5 "OMB" means Office of Management and Budget.
1.6 "Low- and Moderate - Income" means a household whose income is within specified
income limits set forth by HUD.
1.7 Property:
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. "Personal, Property" means personal property of any kind except real property.
c. " Nonexpendable Personal Property" means tangible (i.e., physical) personal property
of a non - consumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
2. Purpose
The purpose of this Agreement is to state the covenants and conditions under which the
SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement.
ARTICLE II
STATEMENT OF WORK
The SUBRECIPI ENT shall carry out the activities specified in Attachment A, "Scope of Services."
ARTICLE III
FUNDING AND METHOD OF PAYMENT
3.1 The SUBRICIPIENT agrees and accepts 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
SUBRICIPIENT under this Agreement. Said service shall be performed in a manner
satisfactory to CID.
3.2 The maximum amount payable by the CITY under this Agreement will be Ten Thousand
Dollars and 00/100 ($10,000) for the period of October,1, 2016 through September 30,
2017. 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.
3.3 Release of funds will be subject to approval of Community Improvement Manager.
E
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be from October 1, 2016, to September 30, 2017.
ARTICLE V
SUSPENSION AND TERMINATION
7 t.1 Termination /Suspension of Payments /Agreement for Cause: If through any cause either
party shall fail to fulfill in timely and proper manner its obligations under this Agreement,
or if either party shall violate any of the covenants, agreements, or stipulations of this
Agreement, either party shall thereupon have the right to terminate this Agreement or
suspend payments in whole or in part by giving written notice of such termination or
suspension of payments and specify the effective date of termination or suspension.
If payments are withheld, the CITY shall specify in writing the actions that must be taken
by the SUBRECIPIENT as a condition precedent to resumption of payments and shall
specify a ,reasonable date for compliance. Sufficient cause for suspension of payments
shall include, but not be limited to:
a. ineffective or improper use of CDBG funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
4.2 Termination for Convenience of City: The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days notice in writing to the
SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the
SUBRECIPIENT will be paid for allowable services performed under Article II of this
Agreement until the effective date of the termination.
4.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this
Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the CITY. Upon termination, the
SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through
and including the date of termination.
ARTICLE VI
RECORDS AND REPORTS
5.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities
funded by this Agreement for a period of five years after the termination of the Agreement.
5.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later
be determined necessary to assure compliance with this Agreement. Further budget
changes within the designated contract amount can be approved in writing by the Director
of Development, or designee at their discretion up to twenty percent on a cumulative basis
of the contract amount during the contract period.
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ARTICLE VII
PROGRAM INCOME
The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this
Agreement. It is not anticipated that program income shall be generated from this allocation.
However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs
that are in addition to the approved costs of this agreement, provided that such costs specifically
further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use
program income to pay for charges or expenses that are specifically not allowed pursuant to the
terms of this agreement and applicable federal regulations or rules. The use of program income
by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504.
ARTICLE VIII
PUBLICITY
The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDBG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall
comply with applicable provisions of applicable federal, state, County, and CITY laws,
regulations and rules, including OMB A -122, OMB A -21, OMB A -133.
The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color,
or national origin; the Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended,
and Executive Order 11063 which prohibits discrimination in housing on the basis of race,
color, religion, sex, or national origin; Executive Order 11246, as amended which requires
equal employment opportunity; and with the Energy Policy, amended and Conservation
Act (Pub.L 94 -163) which requires mandatory standards and policies relating to energy
efficiency.
The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act
whenever so requested by the CITY. The SUBRECIPI ENT shall comply with all applicable
requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not
limited to, those provisions pertaining to employment, program services, transportation,
communications, and access to facilities, renovations, and new construction. -
The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to
environmental standards described in 24 CFR Subpart K, except that:
a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities
described at 570.604, and
b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR part 52.
9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees
that no person shall on the grounds of race, color, national origin, religion, or sex be
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excluded from the benefits of, or be subjected to, discrimination under any activity carried
out by the performance of 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.
9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation and /or renewal of this Agreement is dependent upon satisfactory evaluation
conclusions. Such evaluations will be based on the terms of this Agreement, comparisons
of planned versus actual progress relating to activity scheduling, budgets, audit reports,
and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY
and make copies of transcriptions of such records and information as is determined
necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY
and at other times upon request, information and status reports required by the CITY to
enable the evaluation of said progress and to allow for completion of reports required of
the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency
on site. Such site visits may be scheduled or unscheduled as determined by the CITY or
HUD.
9.4 Audits: Nonprofit organizations that expend $750,000 or more annually in federal awards
shall have a single or program specific audit conducted accordance with OMB A -133.
Nonprofit organizations that expend less than $750,000 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 by the CITY to submit "reduced
scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time
period of not more than 12 months and an audit shall be submitted covering each assisted
period until all the assistance received from this agreement has been reported on. A copy
of the audit report must be received by the CITY no later than six months following each
audit period.
The SUBRECIPIENT shall maintain all records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement.
9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the CITY under this
Agreement. The SUBRECIPIENT is required to comply with the following uniform
administrative requirements:
a. Specific provisions of the uniform administrative requirements of OMB Circular A -110,
as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit
Organizations."
b. OMB Circular A -122 "Cost Principles for Non - Profit Organizations" (a list of allowable
and unallowable costs appears in Attachment B).
c. Applicable provisions of 24 CFR 570.502.
9.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated
funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a
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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 Agreement, 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 Agreement, grant, loan, or cooperative Agreement.
The SUBRECIPIENT shall disclose to the CITY 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 Agreement.
9.7 Section 3 Requirements The SUBRECIPIENT agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. Information on
Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include
the following, referred to as the Section 3 Clause, in every solicitation and every contract
for every Section 3 covered project:
Section 3 Clause
The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
1701 (Section 3). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD - assisted projects
covered by Section 3, shall to the greatest extent feasible, be directed to low -and very
low- income persons, particularly persons who are recipients of HUD assistance for
housing.
b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR .
Part 135, which implement Section 3. As evidenced by their execution of this
agreement, the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations. .
c. The SUBRECIPIENT agrees to send-to each labor organization or representative of
workers with which the SUBRECIPIENT has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the SUBRECIPIENT's commitment under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each, and the name and location of the person(s) taking applications
for each of the positions, and the anticipated date the work shall begin.
d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in this
Section 3 clause, upon a finding that the subcontractor is in violation of the regulations
in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor
where the SUBRECIPIENT has'notice or knowledge that the subcontractor has been
found in violation of the regulations in 24 CFR Part 135.
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e. The SUBRECIPIENT will certify that any vacant employment positions, including
training positions, that are filled (1) after the SUBRECIPIENT is selected but before
the contract is executed and (2) with persons other than those to whom the regulations
of 24 CFR Part 135 require employment opportunities to be directed, were not filled to
circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135.
f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
9.8 Insurance and Indemnification_ The SUBRECIPIENT recognizes that it is an Independent
Contractor and stipulates or implies no affiliation between itself and the City. The
SUBRECIPIENT 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 SUBRICIPIENT 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 SUBRICIPIENT 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 SUBRICIPIENT. The SUBRICIPIENT'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 SUBRICIPIENT 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 of workers compensation for your employees to
statutory limits. The SUBRICIPIENT shall provide for thirty (30) days notice of
cancellation, non - renewal, or any adverse change in coverage.
9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or
improved in whole or in part with CDBG funds received from the CITY in excess of $25,000
shall be either:
a. Used to meet one of the three CDBG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY; or
b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall
pay to the CITY an amount equal to the market value of the property as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non -CDBG funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real property under the SUBRECIPIENT's control that was acquired or improved in
whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of,
at the expiration or termination of this contract, in accordance with instructions from the
CITY.
VA
All real property purchased in whole or in part with funds from this and previous
agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in
whole or in part with funds from the CITY, shall be listed in the property records of the
SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition, address or location, owner's
name if different from the SUBRECIPIENT, information on the transfer or disposition of
the property, and map. The property records shall describe the programmatic purpose for
which the property was acquired and identify the CDBG national objective that will be met.
If the property was improved, the records shall describe the programmatic purpose for
which the improvements were made and identify the CDBG national objective that will be
met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
SUBRECIPIENT and shall include a description of the property, location, model number,
manufacturer's serial number, date of acquisition, funding source, unit cost at the time of
acquisition, present market value, property inventory number, information on its condition,
and information on transfer, replacement, or disposition of the property.
The SUBRECIPIENT shall obtain prior written approval from the CITY for the. disposition
of real property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the
terms of this agreement. The SUBRECIPIENT shall dispose of all such property in
accordance with instructions from the CITY. Those instructions may require the return of
all such property to the CITY.
9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or
termination of this Agreement, all the assets owned or held as a result of this Agreement,
including, but not limited to any funds on hand, any accounts receivable attributable to
these funds, mortgages, notes, and other collateral and any overpayments due to
unearned funds or costs disallowed pursuant to the terms of this Agreement that were
disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days
of expiration or termination of this Agreement execute any and all documents as required
by the CITY to effectuate the reversion of assets. Any funds not earned, as described and
provided for in OMB A -122, by the SUBRECIPIENT prior to the expiration or termination
of this Agreement shall be retained by the CITY.
9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid
only when in writing and signed by duly authorized representatives of each party. The
parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute
discretion, that federal, State and /or CITY revisions of any applicable laws or regulations,
or increases or decreases in budget allocations make changes in this agreement
necessary.
9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY
in its sole and absolute discretion, waive provisions in this agreement or seek to obtain
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such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT
shall be in writing. Any waiver shall not be construed to be a modification of this
agreement.
9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the
CITY, the CITY shall refer the questions, including the views of all interested parties and
the recommendation of the CITY, to the City Manager for determination. The City
Manager, or an authorized representative, will issue a determination within 30 calendar
days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional
time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that
additional time is necessary. The SUBRECIPIENT agrees that the City Manager's
determination shall be final and binding on all parties.
9.15 Public Records
SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119,
Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to:
a) Keep and maintain all records that ordinarily and necessarily would be required by
the CITY.
b) Provide the public with access to public records on the same terms and conditions
that the CITY would provide for the records and at a cost that does not exceed the
costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law.
C) Ensure that public records that are exempt or confidential and exempt from public
records disclosure are not disclosed except as authorized by law.
d) Meet all requirements for retaining public records and transfer, at no cost, to the
CITY all records in possession of the SUBRECIPIENT at the termination of the
contract and destroy any public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored electronically must
be provided to the CITY in a format that is compatible with the information
technology systems of the CITY. All records shall be transferred to the CITY prior
to final payment being made to the SUBRECIPIENT.
e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the
contract provisions in accordance with the contract and may unilaterally cancel this
contract in accordance with state law.
9.16 Inspector General
SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the
authority to investigate and audit matters relating to the negotiation and performance of
this Agreement, and may demand and obtain records and testimony from
SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other
remedies and consequences provided by law, the failure of SUBRECIPIENT to fully
cooperate with the Inspector General when requested may be deemed by the CITY to be
a material breach of this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
year written above.
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WITNESSES:
AID TO VICTIMS OF DOMESTIC
ABUSE C
BY:
n�
The foregoing instrument was acknowledged before me this day of
201 * 1, by t)kkA omdl who is personally known to me.
NOTARY PUBLIC
Sign
Print
Kedasha Kerr
NOTARY PUBLIC
STATE OF FLORIDA
Comm# GG041437
Expires 10/24/2020
Personally Known ✓ OR Produced Identification
Type of Identification Produced:
CITY O _BO TON BEACH, FL IDA
By:
Mayor
10
STATE OF FLORIDA
COUNTY OF PALM BEACH
PROPOSED OBJECTIVES :
UNIT OF MEASUREMENT
PROVIDE :DATING. VIOLENCE. AWARENESS
: 3,000 STUDENTS; .A MINIMUM- OF 500.
PRESENTATIONS..
FROM THE MUNICIPALITY OF BOYNTON ... -
BEACH
PROVIDE SAFETY PLANNING.'
'ALL STUDENTS ATTENDING PRESENTATIONS.
PROVIDE ADVANCED, INTENSIVE. CURRICULA
125 STUDENTS; 30 FROM MUNICIPALITY OF
WITH COMMUNITY IMPACT PROJECTS
BOYNTON BEACH
(1X/WEEK FOR. THE SCHOOL YEAR).' -
ASSESS. EFFECTIVENESS OF PROGRAM ..
STUDENT. EVALUATION; TEACHER,
EVALUATION; OBSERVATION, ,- PRE -POST
SURVEYS, INDIVIDUAL DATA RECORDS _ .
h lq bc:Z
FY 2016 -2017 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT between CITY OF BOYNTON BEACH
and.
PATHWAYS TO PROSPERITY
THIS AGREEMENT is entered into this ' day of � o ',,. _ � 0 "', %-C 2017
mu
between the CITY OF BOYNTON BEACH, a Florida nicipal corporation, hereinafter
referred to as "CITY," and PATHWAYS TO PROSPERITY hereinafter referred to as "the
SUBRECIPIENT," having its principal office at 970 N. Seacrest Blvd., Boynton Beach, Florida
33435 and its Federal Tax Identification Number as 27- 3550271
WITNESSETH:
WHEREAS, the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended); and
WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an
activity of the Boynton Beach CDBG Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
1. Definitions
1.1 "CDBG' means Community Development Block Grant program.
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Dept. of HUD.
1.4 "Program Income" means gross income received directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.5 "OMB" means Office of Management and Budget.
1.6 "Low- and Moderate - Income" means a household whose income is within specified
income limits set forth by HUD.
1.7 Property:
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. "Personal Property" means personal property of any kind except real property.
c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property
of a non - consumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
2. Purpose
The purpose of this Aareement is to state the covenants and conditions under which the
SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement.
ARTICLE II
ATEMENT OF WORK
The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of
Services."
ARTICLE III
FUNDING AND METHOD OF PAYMENT
3.1 The SUBRICIPIENT agrees and accepts 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
SUBRICIPIENT under this Agreement. Said service shall be performed in a manner
satisfactory to CID.
3.2 The maximum amount payable by the CITY under this Agreement will be Twenty
Thousand Dollars and 00/100 ( for the period of October 1, 2016 through
September 30, 2017. 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.
3.4 Release of funds is subject to the approval of the Director of Community Improvement.
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be from October 1, 2016, to September 30, 2017.
ARTICLE V
SUSPENSION AND TERMINATION
4.1 Termination /Suspension of Payments /Agreement for Cause: If through any cause either
party shall fail to fulfill in timely and proper manner its obligations under this Agreement,
or if either party shall violate any of the covenants, agreements, or stipulations of this
Agreement, either party shall thereupon have the right to terminate this Agreement or
suspend payments in whole or in part by giving written notice of such termination or
suspension of payments and specify the effective date of termination or suspension.
If payments are withheld, the CITY shall specify in writing the actions that must be taken
by the SUBRECIPIENT as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of payments
shall include, but not be limited to:
a. ineffective or improper use of CDBG funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
4.2 Termination for Convenience of City: The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days notice in writing to the
SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the
SUBRECIPIENT will be paid for allowable services performed under Article II of this
Agreement until the effective date of the termination.
4.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this
Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the CITY. Upon termination, the
SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through
and including the date of termination.
ARTICLE VI
RECORDS AND REPORTS
5.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities
funded by this Agreement for a period of five years after the termination of the
Agreement.
5.2 The SUBRECIPIENT agrees to submit upon request other documentation which may
later be determined necessary to assure compliance with this Agreement.
ARTICLE VII
PROGRAM INCOME
The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this
Agreement. It is not anticipated that program income shall be generated from this allocation.
However, such income, if generated, may be retained by the SUBRECIPIENT and used for
costs that are in addition to the approved costs of this agreement, provided that such costs
specifically further the objectives of this agreement. Under no circumstances shall the
SUBRECIPIENT use program income to pay for charges or expenses that are specifically not
allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The
use of program income by the SUBRECIPIENT shall comply with the requirements set forth at
24 CFR 570.504,
ARTICLE VIII
PUBLICITY
The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDBG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
6.1 Federal, State, County and CITY Laws and Regulations. The SUBRECIPIENT shall
comply with applicable provisions of applicable federal, state, County, and CITY laws,
regulations and rules, including OMB A -122, OMB A -21, OMB A -133.
The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1964, as amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended,
and Executive Order 11063 which prohibits discrimination in housing on the basis of
race, color, religion, sex, or national origin; Executive Order 11246, as amended which
requires equal employment opportunity; and with the Energy Policy, amended and
Conservation Act (Pub.L 94 -163) which requires mandatory standards and policies
relating to energy efficiency.
The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all
applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including,
but not limited to, those provisions pertaining to employment, program services,
transportation, communications, access to facilities, renovations, and new construction.
The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to
environmental standards described in 24 CFR Subpart K, except that
a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities
described at 570.604, and
b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR part 52.
6.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees
that no person shall on the grounds of race, color, national origin, religion, or sex be
excluded from the benefits of, or be subjected to, discrimination under any activity
carried out by the performance of this Agreement. 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.
6.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation and /or renewal of this Agreement is dependent upon satisfactory evaluation
conclusions. Such evaluations will be based on the terms of this Agreement,
comparisons of planned versus actual progress relating to activity scheduling, budgets,
audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon
request to the CITY and make copies of transcriptions of such records and information
as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a
schedule set by the CITY and at other times upon request, information and status
reports required by the CITY to enable the evaluation of said progress and to allow for
completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the
CITY or HUD to monitor its agency on site. Such site visits may be scheduled or
unscheduled as determined by the CITY or HUD.
6.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal
awards shall have a single or program specific audit conducted 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 by the CITY to
submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit
shall cover a time period of not more than 12 months and an audit shall be submitted
covering each assisted period until all the assistance received from this agreement has
been reported on. A copy of the audit report must be received by the CITY no later than
six months following each audit period.
The SUBRECIPIENT shall maintain all records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement.
6.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the CITY under this
Agreement. The SUBRECIPIENT is required to comply with the following uniform
administrative requirements:
a. Specific provisions of the uniform administrative requirements of OMB Circular A-
110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals and Other
Non - Profit Organizations."
b. OMB Circular A -122 "Cost Principles for Non - Profit Organizations" (a list of allowable
and unallowable costs appears in Attachment B).
c. Applicable provisions of 24 CFR 570.502.
6.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated
funds have been paid or will be paid, by or on behalf of the undersigned, 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 Agreement, 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 Agreement, grant, loan, or cooperative Agreement.
The SUBRECIPIENT shall disclose to the CITY 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 Agreement.
6.7 Section 3 Requirements The SUBRECIPIENT agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. Information on
Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include
the following, referred to as the Section 3 Clause, in every solicitation and every contract
for every Section 3 covered project:
Section 3 Clause
a. The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and
other economic opportunities generated by HUD assistance or HUD - assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to
low -and very low- income persons, particularly persons who are recipients of HUD
assistance for housing.
b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
agreement, the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
c. The SUBRECIPIENT agrees to send to each labor organization or representative of
workers with which the SUBRECIPIENT has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the SUBRECIPIENT's commitment under this Section 3 clause,
and will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each, and the name and location of the person(s) taking
applications for each of the positions, and the anticipated date the work shall begin.
d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in this
Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any
subcontractor where the SUBRECIPIENT has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
e. The SUBRECIPIENT will certify that any vacant employment positions, including
training positions, that are filled (1) after the SUBRECIPIENT is selected but before
the contract is executed and (2) with persons other than those to whom the
regulations of 24 CFR Part 135 require employment opportunities to be directed,
were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part
135.
Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
6.8 Insurance: The SUBRICIPIENT recognizes that it is an independent Contractor and
stipulates or implies no affiliation between itself and the City. The SUBRICIPIENT 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
SUBRICIPIENT 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
SuBRiCiPicivT viii hold t he 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 SUBRICIPIENT. The SUBRICIPIENT'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 SUBRICIPIENT 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 of workers compensation for your
employees to statutory limits. The SUBRICIPIENT shall provide thirty (30) days' notice
of cancellation, non - renewal, or any adverse change in coverage.
6.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or
improved in whole or in part with CDBG funds received from the CITY in excess of
$25,000 shall be either:
a. Used to meet one of the three CDBG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY; or
b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT
shall pay to the CITY an amount equal to the market value of the property as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non -CDBG funds for acquisition of, or improvement to, the property..
Reimbursement is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real property under the SUBRECIPIENT's control that was acquired or improved in
whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of,
at the expiration or termination of this contract, in accordance with instructions from the
CITY.
All real property purchased in whole or in part with funds from this and previous
agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased
in whole or in part with funds from the CITY, shall be listed in the property records of the
SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition, address or location, owner's
name if different from the SUBRECIPIENT, information on the transfer or disposition of
the property, and map. The property records shall describe the programmatic purpose
for which the property was acquired and identify the CDBG national objective that will be
met. If the property was improved, the records shall describe the programmatic purpose
for which the improvements were made and identify the CDBG national objective that
will be met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
SUBRECIPIENT and shall include a description of the property, location, model number,
manufacturer's serial number, date of acquisition, funding source, unit cost at the time of
acquisition, present market value, property inventory number, information on its
condition, and inforrnation on transfer, replacement, or disposition of the property.
The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition
of real property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the
terms of this agreement. The SUBRECIPIENT shall dispose of all such property in
accordance with instructions from the CITY. Those instructions may require the return of
all such property to the CITY.
6.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or
termination of this Agreement, all the assets owned or held as a result of this
Agreement, including, but not limited to any funds on hand, any accounts receivable
attributable to these funds, mortgages, notes, and other collateral and any overpayments
due to unearned funds or costs disallowed pursuant to the terms of this Agreement that
were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within
30 days of expiration or termination of this Agreement execute any and all documents as
required by the CITY to effectuate the reversion of assets. Any funds not earned, as
described and provided for in OMB A -122, by the SUBRECIPIENT prior to the expiration
or termination of this Agreement shall be retained by the CITY.
6.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
6.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be
valid only when in writing and signed by duly authorized representatives of each party.
The parties agree to renegotiate this agreement if the CITY determines, in its sole and
absolute discretion, that federal, State and /or CITY revisions of any applicable laws or
regulations, or increases or decreases in budget allocations make changes in this
agreement necessary.
6.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the
CITY in its sole and absolute discretion, waive provisions in this agreement or seek to
obtain such waiver from the appropriate authority. Waiver requests from the
SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a
modification of this agreement.
6.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and
the CITY, the CITY shall refer the questions, including the views of all interested parties
and the recommendation of the CITY, to the City Manager for determination. The City
Manager, or an authorized representative, will issue a determination within 30 calendar
days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event
additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day
period that additional time is necessary. The SUBRECIPIENT agrees that the City
Manager's determination shall be final and binding on all parties.
6.15 Indemnification:
SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's
option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers,
agents, servants, and employees from and against any and all causes of action, demands,
claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and
expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or
omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting
from, or related to the subject matter of this Agreement, including, without limitation, any and all
claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever
resulting from injuries or damages sustained by any person or property. In the event any
lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of
action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend
such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an
attorney selected by the City Attorney to defend CITY. The obligations of this section shall
survive the expiration or earlier termination of this Agreement. To the extent considered
necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained
by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been
settled or otherwise resolved; and any amount withheld shall not be subject to payment of
interest by CITY.
If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its
subcontractors to agree to the requirements and obligations of this Section 9.15.
6.16 Public Records
SUBRECIPIENT shall comply with all public records laws in accordance with Chapter
119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to:
a) Keep and maintain all records that ordinarily and necessarily would be required
by the CITY.
b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide for the records and at a cost that does not
exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by
law.
C) Ensure that public records that are exempt or confidential and exempt from
public records disclosure are not disclosed except as authorized by law.
d) Meet all requirements for retaining public records and transfer, at no cost, to the
CITY all records in possession of the SUBRECIPIENT at the termination of the
contract and destroy any public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored
electronically must be provided to the CITY in a format that is compatible with the
information technology systems of the CITY. All records shall be transferred to
the CITY prior to final payment being made to the SUBRECIPIENT.
e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the
contract provisions in accordance with the contract and may unilaterally cancel
this contract in accordance with state law.
6.17 Inspector General
SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the
authority to investigate and audit matters relating to the negotiation and performance of
this Agreement, and may demand and obtain records and testimony from
SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other
remedies and consequences provided by law, the failure of SUBRECIPIENT to fully
cooperate with the Inspector General when requested may be deemed by the CITY to
be a material breach of this Agreement.
remedies and consequences provided by law, the failure of SUBRECIPIENT to fully
cooperate with the Inspector General when requested may be deemed by the CITY to
be a material breach of this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
year written above.
STATE OF FLORIDA
COUNTY OF PALM BEACH
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known to me.
The foregoing before me this day
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WORK NARRATIVE
The Agency agrees, within the time line of October 1, 2016 through September 30,
2017, to provide the following services:
A. Interview and Recruit Circle Leaders
B. Begin Circle Leader Training Classes (12 -15 weeks)
C. Recruit & Train Allies (Volunteer Mentors)
D. Circle Leader Graduation Ceremony
E. Circle Leader and Ally Matching Training
F. Host Weekly Meetings
11. The City Agrees to:
A. Reimburse the Agency for the following budget items:
Salaries................................................. ............................... $20,000.00
TOT AL.............................................. ............................... $20,000.00
A. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable
Federal, State and City regulations to this Agreement.
B. 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.
/� I T 002-
FY 2016 -2017 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT between CITY OF BOYNTON BEACH
and.
COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC
THIS AGREEMENT is entered into this day of , 2017
between the CITY OF BOYNTON BEACH, a Florida municipal corporation, herenafter
referred to as "CITY," and COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH,
AC., hereinafter referred to as "the SUBRECiPIENT," having its principal office at 145 N.E. 4th
Avenue, Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 65-
0447796.
WITNESSETH:
WHEREAS, the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended); and
WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an
activity of the Boynton Beach CDBG Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
Definitions
1.1 "CDBG" means Community Development Block Grant program.
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Dept. of HUD.
1.4 "Program Income" means gross income received directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.5 "OMB" means Office of Management and Budget.
1.6 "Low- and Moderate - Income" means a household whose income is within specified
income limits set forth by HUD.
1.7 Property:
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. "Personal Property" means personal property of any kind except real property.
c. " Nonexpendable Personal Property" means tangible (i.e., physical) personal property
of a non - consumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
2. Purpose
The purpose of this Agreement is to state the covenants and conditions under which the
SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement.
ARTICLE II
STATEMENT OF WORK
The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of
Services."
ARTICLE III
FUNDING AND METHOD OF PAYMENT
3.1 The maximum amount payable by the CITY under this Agreement will be Forty
Thousand Six Hundred Eight Three 00/100 ( $40,683.00) for the period of October 1,
2016 through September 30, 2017. 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 of funds is subject to the approval of the Community
Improvement Manager.
3.2 The SUBRICIPIENT agrees and accepts as full payment for eligible services rendered
pursuant to this Agreement the actual amount budgeted, eligible, and Director of
Development or designee approved expenditures and encumbrances made by the
SUBRICIPIENT under this Agreement. Said service shall be performed in a manner
satisfactory to CID.
3.3 Release of funds shall be subject to approval of Community Improvement Manager
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be from October 1, 2016, to September 30, 2017.
ARTICLE V
SUSPENSION AND TERMINATION
4.1 Termination /Suspension of Payments /Agreement for Cause: if through any cause either
party shall fail to fulfill in timely and proper manner its obligations under this Agreement,
or if either party shall violate any of the covenants, agreements, or stipulations of this
Agreement, either party shall thereupon have the right to terminate this Agreement or
suspend payments in whole or in part by giving written notice of such termination or
suspension of payments and specify the effective date of termination or suspension.
If payments are withheld, the CITY shall specify in writing the actions that must be taken
by the SUBRECIPIENT as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of payments
shall include, but not be limited to:
a. ineffective or improper use of CDBG funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
4.2 Termination for Convenience of City: The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days' notice in writing to the
SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the
SUBRECIPIENT will be paid for allowable services performed under Article II of this
Agreement until the effective date of the termination.
4.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this
Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the CITY. Upon termination, the
SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through
and including the date of termination.
ARTICLE VI
RECORDS AND REPORTS
5.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities
funded by this Agreement for a period of five years after the termination of the
Agreement.
5.2 The SUBRECIPIENT agrees to submit upon request other documentation which may
later be determined necessary to assure compliance with this Agreement.
ARTICLE VII
PROGRAM INCOME
The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article i of this
Agreement. It is not anticipated that program income shall be generated from this allocation.
However, such income, if generated, may be retained by the SUBRECIPIENT and used for
costs that are in addition to the approved costs of this agreement, provided that such costs
specifically further the objectives of this agreement. Under no circumstances shall the
SUBRECIPIENT use program income to pay for charges or expenses that are specifically not
allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The
use of program income by the SUBRECIPIENT shall comply with the requirements set forth at
24 CFR 570.504.
ARTICLE VIII
PUBLICITY
The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDBG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL C ONDITIONS
6.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall
comply with applicable provisions of applicable federal, state, County, and CITY laws,
regulations and rules, including OMB A -122, OMB A -21, OMB A -133.
The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1964, as amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; Title Vlll of the Civil Rights Act of 1968, as amended,
and Executive Order 11063 which prohibits discrimination in housing on the basis of
race, color, religion, sex, or national origin; Executive Order 11246, as amended which
requires equal employment opportunity; and with the Energy Policy, amended and
Conservation Act (Pub.L 94 -163) which requires mandatory standards and policies
relating to energy efficiency.
The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all
applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including,
but not limited to, those provisions pertaining to employment, program services,
transportation, communications, access to facilities, renovations, and new construction.
The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to
environmental standards described in 24 CFR Subpart K, except that:
a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities
described at 570.604, and
b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR part 52.
6.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees
that no person shall on the grounds of race, color, national origin, religion, or sex be
excluded from the benefits of, or be subjected to, discrimination under any activity
carried out by the performance of this Agreement. 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.
6.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation and /or renewal of this Agreement is dependent upon satisfactory evaluation
conclusions. Such evaluations will be based on the terms of this Agreement,
comparisons of planned versus actual progress relating to activity scheduling, budgets,
audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon
request to the CITY and make copies of transcriptions of such records and information
as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a
schedule set by the CITY and at other times upon request, information and status
reports required by the CITY to enable the evaluation of said progress and to allow for
completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the
CITY or HUD to monitor its agency on site. Such site visits may be scheduled or
unscheduled as determined by the CITY or HUD.
6.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal
awards shall have a single or program specific audit conducted 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 by the CITY to
submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit
shall cover a time period of not more than 12 months and an audit shall be submitted
covering each assisted period until all the assistance received from this agreement has
been reported on. A copy of the audit report must be received by the CITY no later than
six months following each audit period.
The SUBRECIPIENT shall maintain all records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement.
6.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the CITY under this
Agreement. The SUBRECIPIENT is required to comply with the following uniform
administrative requirements:
a. Specific provisions of the uniform administrative requirements of OMB Circular A-
110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals and Other
Non - Profit Organizations."
b. OMB Circular A -122 "Cost Principles for Non - Profit Organizations" (a list of allowable
and unallowable costs appears in Attachment B),
c. Applicable provisions of 24 CFR 570.502.
6.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated
funds have been paid or will be paid, by or on behalf of the undersigned, 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 Agreement, 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 Agreement, grant, loan, or cooperative Agreement.
The SUBRECIPIENT shall disclose to the CITY 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 Agreement.
6.7 Section 3 Requirements The SUBRECIPIENT agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. Information on
Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include
the following, referred to as the Section 3 Clause, in every solicitation and every contract
for every Section 3 covered project:
Section 3 Clause
a. T lie work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and
other economic opportunities generated by HUD assistance or HUD - assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to
low -and very low- income persons, particularly persons who are recipients of HUD
assistance for housing.
b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
agreement, the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
c. The SUBRECIPIENT agrees to send to each labor organization or representative of
workers with which the SUBRECIPIENT has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the SUBRECIPIENT's commitment under this Section 3 clause,
and will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each, and the name and location of the person(s) taking
applications for each of the positions, and the anticipated date the work shall begin.
d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in this
Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any
subcontractor where the SUBRECIPIENT has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
e. The SUBRECIPIENT will certify that any vacant employment positions, including
training positions, that are filled (1) after the SUBRECIPIENT is selected but before
the contract is executed and (2) with persons other than those to whom the
regulations of 24 CFR Part 135 require employment opportunities to be directed,
were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part
135.
Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
6.8 Insurance: The SUBRECIPIENT recognizes that it is an Independent Contractor and
stipulates or implies no affiliation between itself and the City. The SUBRICIPIENT 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
SUBRICIPIENT 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
SUBRICIPIENT 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 SUBRICIPIENT. The SUBRICIPIENTS' 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 SUBRICIPIENT 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 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 SUBRICIPIENT shall provide for thirty (30) days'
notice of cancellation, non - renewal, or any adverse change in coverage.
6.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or
improved in whole or in part with CDBG funds received from the CITY in excess of
$25,000 shall be either:
a. Used to meet one of the three CDBG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY; or
b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT
shall pay to the CITY an amount equal to the market value of the property as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non -CDBG funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real property under the SUBRECIPIENT's control that was acquired or improved in
whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of,
at the expiration or termination of this contract, in accordance with instructions from the
CITY.
All real property purchased in whole or in part with funds from this and previous
agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased
in whole or in part with funds from the CITY, shall be listed in the property records of the
SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition, address or location, owner's
name if different from the SUBRECIPIENT, information on the transfer or disposition of
the property, and map. The property records shall describe the programmatic purpose
for which the property was acquired and identify the CDBG national objective that will be
met. If the property was improved, the records shall describe the programmatic purpose
for which the improvements were made and identify the CDBG national objective that
will be met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
SUBRECIPIENT and shall include a description of the property, location, model number,
manufacturer's serial number, date of acquisition, funding source, unit cost at the time of
acquisition, present market value, property inventory number, information on its
condition, and information on transfer, replacement, or disposition of the property.
The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition
of real property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the
terms of this agreement. The SUBRECIPIENT shall dispose of all such property in
accordance with instructions from the CITY. Those instructions may require the return of
all such property to the CITY.
6.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or
termination of this Agreement, all the assets owned or held as a result of this
Agreement, including, but not limited to any funds on hand, any accounts receivable
attributable to these funds, mortgages, notes, and other collateral and any overpayments
due to unearned funds or costs disallowed pursuant to the terms of this Agreement that
were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within
30 days of expiration or termination of this Agreement execute any and all documents as
required by the CITY to effectuate the reversion of assets. Any funds not earned, as
described and provided for in OMB A -122, by the SUBRECIPIENT prior to the expiration
or termination of this Agreement shall be retained by the CITY.
6.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
6.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be
valid only when in writing and signed by duly authorized representatives of each party.
The parties agree to renegotiate this agreement if the CITY determines, in its sole and
absolute discretion, that federal, State and /or CITY revisions of any applicable laws or
regulations, or increases or decreases in budget allocations make changes in this
agreement necessary.
6.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the
CITY in its sole and absolute discretion, waive provisions in this agreement or seek to
obtain such waiver from the appropriate authority. Waiver requests from the
SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a
modification of this agreement.
6.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and
the CITY, the CITY shall refer the questions, including the views of all interested parties
and the recommendation of the CITY, to the City Manager for determination. The City
Manager, or an authorized representative, will issue a determination within 30 calendar
days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event
additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day
period that additional time is necessary. The SUBRECIPIENT agrees that the City
Manager's determination shall be final and binding on all parties.
6.15 Indemnification:
SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's
option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers,
agents, servants, and employees from and against any and all causes of action demands,
claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and
expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or
omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting
from, or related to the subject matter of this Agreement, including, without limitation, any and all
claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever
resulting from injuries or damages sustained by any person or property. In the event any
lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of
action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend
such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an
attorney selected by the City Attorney to defend CITY. The obligations of this section shall
survive the expiration or earlier termination of this Agreement. To the extent considered
necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained
by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been
settled or otherwise resolved; and any amount withheld shall not be subject to payment of
interest by CITY.
If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its
subcontractors to agree to the requirements and obligations of this Section 9.15.
6.16 Public Records
SUBRECIPIENT shall comply with all public records laws in accordance with Chapter
119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to:
a) Keep and maintain all records that ordinarily and necessarily would be required
by the CITY.
b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide for the records and at a cost that does not
exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by
law.
C) Ensure that public records that are exempt or confidential and exempt from
public records disclosure are not disclosed except as authorized by law.
d) Meet all requirements for retaining public records and transfer, at no cost, to the
CITY all records in possession of the SUBRECIPIENT at the termination of the
contract and destroy any public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored
electronically must be provided to the CITY in a format that is compatible with the
information technology systems of the CITY. All records shall be transferred to
the CITY prior to final payment being made to the SUBRECIPIENT.
e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the
contract provisions in accordance with the contract and may unilaterally cancel
this contract in accordance with state law.
6.17 Inspector General
SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the
authority to investigate and audit matters relating to the negotiation and performance of
this Agreement, and may demand and obtain records and testimony from
SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other
remedies and consequences provided by law, the failure of SUBRECIPIENT to fully
cooperate with the Inspector General when requested may be deemed by the CITY to
be a material breach of this Agreement.
remedies and consequences provided by law, the failure of SUBRECIPIENT to fully
cooperate with the Inspector General when requested may be deemed by the CITY to
be a material breach of this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
year written above.
CONIi1 fjNITY CARIN CENTER OF
GREATER BOYNTON LEACH, INC.
By:
Of
wn to
Personally Know OR Produced Identification
Type of Identification Produced:
ATST:
City Attorney
CITY OF B Y ON EAC , F ORIDA
By:
Mayor
CCa riff U1 1 ,11` Y LAMING CENTER. OF a: oEA ER LBO 9 TO ACH, .°. ,1C.
EXHIBIT A
WORM f` A. TIV
1. The Agency agrees, within the time line of October 1, 2015 through September 30, 2016, to
provide the following services:
A. Provide emergency Food Pantry at the Community Caring Center office
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
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.
11. The City Agrees to:
A. Reimburse the Agency for the following budget items:
Salaries...................................... ............................... .....................$31,683.00
Insurances......................................................... ............................... 4,000.00
Audit.................................................................. ............................... 5,000.00
TOTL ....................................................... ............................... $40,683
JAN 2,Q 2017
COMMUNn Y 1: ove N-r
j -;;0
FY 2016 -2017 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT between CITY OF BOYNTON BEACH
and.
LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC.
THIS AGREEMENT is entered into this
.., day of `.•f�_ ,.,��.�._� - �.. �..a2017
between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter
referred to as "CITY," and LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., hereinafter
referre to as "the SUBRECIPIENT," having its principal office at 423 Fern Street, Suite 200,
West Palm Beach, Florida 33401, and its Federal Tax Identification Number as 59- 6046994.
WITNESSETH:
WHEREAS, the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended); and
WHEREAS, the CITY desires to engage the SUBRELIPIENT to implement an
activity of the Boynton Beach CDBG Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
1. Definitions
1.1 "CDBG' means Community Development Block Grant program.
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Dept. of HUD.
1.4 "Program Income" means gross income received directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.5 "OMB" means Office of Management and Budget.
1.6 "Low- and Moderate- Income" means a household whose income is within specified
income limits set forth by HUD.
1.7 Property:
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. "Personal Property" means personal property of any kind except real property.
c. " Nonexpendable Personal Property" means tangible (i.e., physical) personal property
of a non - consumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
2. Purpose
The purpose of this Agreement is to state the covenants and conditions under which the
SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement.
ARTICLE II
STATEMENT OF WORK
The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of
Services."
ARTICLE III
FUNDING AND METHOD OF PAYMENT
3.1 The SUBRICIPIENT agrees and accepts 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
SUBRICIPIENT under this Agreement. Said service shall be performed in a manner
satisfactory to CID.
3.2 The maximum amount payable by the CITY under this Agreement will be Four Thousand
Dollars and 00/100 ( for the period of October 1, 2016 through September 30,
2017. 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.
3.3 Release of funds is subject to the approval of the Community Improvement Manager.
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be from October 1, 2016, to September 30, 2017.
ARTICLE V
SUSPENSION AND TERMINATION
4.1 Termination /Suspension of Payments /Agreement for Cause: If through any cause either
party shall fail to fulfill in timely and proper manner its obligations under this Agreement,
or if either party shall violate any of the covenants, agreements, or stipulations of this
Agreement, either party shall thereupon have the right to terminate this Agreement or
suspend payments in whole or in part by giving written notice of such termination or
suspension of payments and specify the effective date of termination or suspension.
If payments are withheld, the CITY shall specify in writing the actions that must be taken
by the SUBRECIPIENT as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of payments
shall include, but not be limited to:
a. ineffective or improper use of CDBG funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
4.2 Termination for Convenience of City: The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days notice in writing to the
SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the
SUBRECIPIENT will be paid for allowable services performed under Article II of this
Agreement until the effective date of the termination.
4.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this
Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the CITY. Upon termination, the
SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through
and including the date of termination.
ARTICLE VI
RECORDS AND REPORTS
5.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities
funded by this Agreement for a period of five years after the termination of the
Agreement.
5.2 The SUBRECIPIENT agrees to submit upon request other documentation which may
later be determined necessary to assure compliance with this Agreement.
ARTICLE VII
PROGRAM INCOME
The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this
Agreement. It is not anticipated that program income shall be generated from this allocation.
However, such income, if generated, may be retained by the SUBRECIPIENT and used for
costs that are in addition to the approved costs of this agreement, provided that such costs
specifically further the objectives of this agreement. Under no circumstances shall the
SUBRECIPIENT use program income to pay for charges or expenses that are specifically not
allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The
use of program income by the SUBRECIPIENT shall comply with the requirements set forth at
24 CFR 570.504.
ARTICLE VIII
PUBLICITY
The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDBG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
6.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall
comply with applicable provisions of applicable federal, state, County, and CITY laws,
regulations and rules, including OMB A -122, OMB A -21, OMB A -133.
The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1964, as amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended,
and Executive Order 11063 which prohibits discrimination in housing on the basis of
race, color, religion, sex, or national origin; Executive Order 11246, as amended which
requires equal employment opportunity; and with the Energy Policy, amended and
Conservation Act (Pub.L 94 -163) which requires mandatory standards and policies
relating to energy efficiency.
The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all
applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including,
but not limited to, those provisions pertaining to employment, program services,
transportation, communications, access to facilities, renovations, and new construction.
The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to
environmental standards described in 24 CFR Subpart K, except that:
a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities
described at 570.604, and
b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR part 52.
6.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees
that no person shall on the grounds of race, color, national origin, religion, or sex be
excluded from the benefits of, or be subjected to, discrimination under any activity
carried out by the performance of this Agreement. 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.
6.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation and /or renewal of this Agreement is dependent upon satisfactory evaluation
conclusions. Such evaluations will be based on the terms of this Agreement,
comparisons of planned versus actual progress relating to activity scheduling, budgets,
audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon
request to the CITY and make copies of transcriptions of such records and information
as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a
schedule set by the CITY and at other times upon request, information and status
reports required by the CITY to enable the evaluation of said progress and to allow for
completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the
CITY or HUD to monitor its agency on site. Such site visits may be scheduled or
unscheduled as determined by the CITY or HUD.
6.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal
awards shall have a single or program specific audit conducted 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 by the CITY to
submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit
shall cover a time period of not more than 12 months and an audit shall be submitted
covering each assisted period until all the assistance received from this agreement has
been reported on. A copy of the audit report must be received by the CITY no later than
six months following each audit period.
The SUBRECIPIENT shall maintain all records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement.
6.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the CITY under this
Agreement. The SUBRECIPIENT is required to comply with the following uniform
administrative requirements:
a. Specific provisions of the uniform administrative requirements of OMB Circular A-
110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals and Other
Non - Profit Organizations."
b. OMB Circular A -122 "Cost Principles for Non - Profit Organizations" (a list of allowable
and unallowable costs appears in Attachment B).
c. Applicable provisions of 24 CFR 570.502.
6.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated
funds have been paid or will be paid, by or on behalf of the undersigned, 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 Agreement, 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 Agreement, grant, loan, or cooperative Agreement.
The SUBRECIPIENT shall disclose to the CITY 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 Agreement.
6.7 Section 3 Requirements The SUBRECIPIENT agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. Information on
Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include
the following, referred to as the Section 3 Clause, in every solicitation and every contract
for every Section 3 covered project:
Section 3 Clause
a. The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and
other economic opportunities generated by HUD assistance or HUD - assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to
low -and very low- income persons, particularly persons who are recipients of HUD
assistance for housing.
b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
agreement, the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
c. The SUBRECIPIENT agrees to send to each labor organization or representative of
workers with which the SUBRECIPIENT has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the SUBRECIPIENT's commitment under this Section 3 clause,
and will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each, and the name and location of the person(s) taking
applications for each of the positions, and the anticipated date the work shall begin.
d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in this
Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any
subcontractor where the SUBRECIPIENT has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
e. The SUBRECIPIENT will certify that any vacant employment positions, including
training positions, that are filled (1) after the SUBRECIPIENT is selected but before
the contract is executed and (2) with persons other than those to whom the
regulations of 24 CFR Part 135 require employment opportunities to be directed,
were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part
135.
Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
6.8 Insurance: The SUBRICIPIENT recognizes that it is an independent Contractor and
stipulates or implies no affiliation between itself and the City. The SUBRICIPIENT 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
SUBRICIPIENT 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 this
Agreement, and shall pay all costs and judgments which may result. In particular, the
SSUBRICIPIENT 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 SUBRICIPIENT. The SUBRICIPIENT'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 728.28, Florida Statutes, be
waived.
At all times during the terms of this Agreement, the SUBRICIPIENT shall maintain in
force Comprehensive General Liability Insurance, including coverage for personal injury,
bodily injury, property damage, 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 of workers compensation for your
employees to statutory limits. The SUBRICIPIENT shall provide for thirty (30) days
notice of cancellation, non - renewal, or any adverse change in coverage.
6.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or
improved in whole or in part with CDBG funds received from the CITY in excess of
$25,000 shall be either:
a. Used to meet one of the three CDBG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY; or
b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT
shall pay to the CITY an amount equal to the market value of the property as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non -CDBG funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real property under the SUBRECIPIENT's control that was acquired or improved in
whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of,
at the expiration or termination of this contract, in accordance with instructions from the
CITY.
All real property purchased in whole or in part with funds from this and previous
agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased
in whole or in part with funds from the CITY, shall be listed in the property records of the
SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition, address or location, owner's
name if different from the SUBRECIPIENT, information on the transfer or disposition of
the property, and map. The property records shall describe the programmatic purpose
for which the property was acquired and identify the CDBG national objective that will be
met. If the property was improved, the records shall describe the programmatic purpose
for which the improvements were made and identify the CDBG national objective that
will be met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
SUBRECIPIENT and shall include a description of the property, location, model number,
manufacturer's serial number, date of acquisition, funding source, unit cost at the time of
acquisition, present market value, property inventory number, information on its
condition, and information on transfer. replacement, or disposition of the property.
The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition
of real property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the
terms of this agreement. The SUBRECIPIENT shall dispose of all such property in
accordance with instructions from the CITY. Those instructions may require the return of
all such property to the CITY.
6.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or
termination of this Agreement, all the assets owned or held as a result of this
Agreement, including, but not limited to any funds on hand, any accounts receivable
attributable to these funds, mortgages, notes, and other collateral and any overpayments
due to unearned funds or costs disallowed pursuant to the terms of this Agreement that
were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within
30 days of expiration or termination of this Agreement execute any and all documents as
required by the CITY to effectuate the reversion of assets. Any funds not earned, as
described and provided for in OMB A -122, by the SUBRECIPIENT prior to the expiration
or termination of this Agreement shall be retained by the CITY.
6.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
6.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be
valid only when in writing and signed by duly authorized representatives of each party.
The parties agree to renegotiate this agreement if the CITY determines, in its sole and
absolute discretion, that federal, State and /or CITY revisions of any applicable laws or
regulations, or increases or decreases in budget allocations make changes in this
agreement necessary.
6.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the
CITY in its sole and absolute discretion, waive provisions in this agreement or seek to
obtain such waiver from the appropriate authority. Waiver requests from the
SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a
modification of this agreement.
6.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and
the CITY, the CITY shall refer the questions, including the views of all interested parties
and the recommendation of the CITY, to the City Manager for determination. The City
Manager, or an authorized representative, will issue a determination within 30 calendar
days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event
additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day
period that additional time is necessary. The SUBRECIPIENT agrees that the City
Manager's determination shall be final and binding on all parties.
6.15 Indemnification:
SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's
option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers,
agents, servants, and employees from and against any and all causes of action, demands,
claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and
expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or
omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting
from, or related to the subject matter of this Agreement, including, without limitation, any and all
claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever
resulting from injuries or damages sustained by any person or property. In the event any
lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of
action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend
such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an
attorney selected by the City Attorney to defend CITY. The obligations of this section shall
survive the expiration or earlier termination of this Agreement. To the extent considered
necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained
by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been
settled or otherwise resolved; and any amount withheld shall not be subject to payment of
interest by CITY.
If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its
subcontractors to agree to the requirements and obligations of this Section 9.15.
6.16 Public Records
SUBRECIPIENT shall comply with all public records laws in accordance with Chapter
119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to:
a) Keep and maintain all records that ordinarily and necessarily would be required
by the CITY.
b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide for the records and at a cost that does not
exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by
law.
c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure are not disclosed except as authorized by law.
d) Meet all requirements for retaining public records and transfer, at no cost, to the
CITY all records in possession of the SUBRECIPIENT at the termination of the
contract and destroy any public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored
electronically must be provided to the CITY in a format that is compatible with the
information technology systems of the CITY. All records shall be transferred to
the CITY prior to final payment being made to the SUBRECIPIENT.
e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the
contract provisions in accordance with the contract and may unilaterally cancel
this contract in accordance with state law.
6.17 Inspector General
SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the
authority to investigate and audit matters relating to the negotiation and performance of
this Agreement, and may demand and obtain records and testimony from
SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other
remedies and consequences provided by law, the failure of SUBRECIPIENT to fully
cooperate with the Inspector General when requested may be deemed by the CITY to
be a material breach of this Agreement.
remedies and consequences provided by law, the failure of SUBRECIPIENT to fully
cooperate with the Inspector General when requested may be deemed by the CITY to
be a material breach of this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
year written above. 'd J , y
WITNESSES:
LEGAL AIV
477
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COUNTY/ . A
0
STATE OF FLORIDA
COUNTY OF PALM BEACH
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The foregoing instrument was acknowledged before me this day of
20 17, by Ro'b who is personally known to me.
ANGEABRWFORD NOTARY PUB�
MY COMMISSION # FF 247565
Sign
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.,. EXPIRES: July 19, 2019
8*n&d7hruNoWPubrcUndanwb
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Personally Known OR Produced Identification
- T pe of 'Identification Produced:
City Mtorney
CITY OF Y T N BEACH ORIDA
By:
or
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ecial Adc'! Societe of 1 3 COLWAV, Inc.
Final Bucket 2016-20J7 — Fair Housing
CDBG-CITY OF F30 ► nton Beach
CASI-
7 CASES @ $4.60 $3,220
EDUCAPONI & OUTREACH EVENTS:
3 EVENITS @ $260 $ 780
Total CDSG BOY TO BEACH
p Ear
RECEiVED
C.OMMUNITY i�,APROVDAFNI
FY 2016 -2017 COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT between CITY OF BOYNTON BEACH
and
BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION
ry
THIS AGREEMENT is entered into this V% day of fi_.E C 2017
between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter
referred to as "CITY," and BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT
CORPORATION. hereinafter referred to as "the SUBRECIPIENT," having its principal office at
2191 N. Seacrest Boulevard, Boynton Beach, Florida 33435 and its Federal Tax Identification
number as 65- 0971509.
WITNESSETH:
WHEREAS, the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for a grant for the execution and implementation of a
Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended); and BOYNTON BEACH
FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION.
WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an
activity of the Boynton Beach CDBG Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
Definitions
1.1 "CDBG" means Community Development Block Grant program.
1.2 "HUD" means the U.S. Department of Housing and Urban Development.
1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Dept. of HUD.
1.4 "Program Income" means gross income received directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.5 "OMB" means Office of Management and Budget.
1.6 "Low- and Moderate - Income" means a household whose income is within specified
income limits set forth by HUD.
1.7 Property
a. "Real Property" means land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. "Personal Property" means personal property of any kind except real property.
c. " Nonexpendable Personal Property" means tangible (i.e., physical) personal property
of a non - consumable nature, with a value of $500 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. "Expendable Personal Property" means all tangible personal property other than
nonexpendable property.
2. Purpose
The purpose of this Agreement is to state the covenants and conditions under which the
SUBRECIPIENT will implement the Statement of Work set forth in Article 11 of this agreement.
ARTICLE II
STATEMENT OF WORK
The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of
Services."
ARTICLE III
FUNDING AND METHOD OF PAYMENT
3.1 The SUBRICIPIENT agrees and accepts 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
SUBRICIPIENT under this Agreement. Said service shall be performed in a manner
satisfactory to CID.
3.2 The maximum amount payable by the CITY under this Agreement will be One Hundred
Thirty Thousand Dollars and 00 /100 ($130,000) for the period of October 1, 2016
through September 30, 2017. 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 of funds is subject to the approval of the Community Improvement
Manager.
3.3 Release of funds shall be subject to approval of Community Improvement Manager.
ARTICLE IV
TERM OF AGREEMENT
The term of this Agreement shall be from October 1, 2016, to September 30, 2017.
ARTICLE V
SUSPENSION AND TERMINATION
4.1 Termination /Suspension of Payments /Agreement for Cause: If through any cause either
party shall fail to fulfill in timely and proper manner its obligations under this Agreement,
or if either party shall violate any of the covenants, agreements, or stipulations of this
Agreement, either party shall thereupon have the right to terminate this Agreement or
suspend payments in whole or in part by giving written notice of such termination or
suspension of payments and specify the effective date of termination or suspension.
If payments are withheld, the CITY shall specify in writing the actions that must be taken
by the SUBRECIPIENT as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of payments
shall include, but not be limited to:
a. ineffective or improper use of CDBG funds,
b. failure to comply with the Statement of Work or terms of this Agreement,
c. failure to submit reports as required,
d. submittal of materially incorrect or incomplete reports,
e. failure to comply with any additional conditions that may be imposed by HUD.
4.2 Termination for Convenience of City: The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days notice in writing to the
SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the
SUBRECIPIENT will be paid for allowable services performed under Article II of this
Agreement until the effective date of the termination.
4.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this
Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the CITY. Upon termination, the
SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through
and including the date of termination.
ARTICLE VI
RECORDS AND REPORTS
5.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities
funded by this Agreement for a period of five years after the termination of the
Agreement.
5.2 The SUBRECIPIENT agrees to submit upon request other documentation which may
later be determined necessary to assure compliance with this Agreement.
ARTICLE VII
PROGRAM INCOME
The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this
Agreement. It is not anticipated that program income shall be generated from this allocation.
However, such income, if generated, may be retained by the SUBRECIPIENT and used for
costs that are in addition to the approved costs of this agreement, provided that such costs
specifically further the objectives of this agreement. Under no circumstances shall the
SUBRECIPIENT use program income to pay for charges or expenses that are specifically not
allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The
use of program income by the SUBRECIPIENT shall comply with the requirements set forth at
24 CFR 570.504,
ARTICLE VIII
PUBLICITY
The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDBG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
6.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall
comply with applicable provisions of applicable federal, state, County, and CITY laws,
regulations and rules, including OMB A -122, OMB A -21, OMB A -133.
The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1964, as amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended,
and Executive Order 11063 which prohibits discrimination in housing on the basis of
race, color, religion, sex, or national origin; Executive Order 11246, as amended which
requires equal employment opportunity; and with the Energy Policy, amended and
Conservation Act (Pub.L 94 -163) which requires mandatory standards and policies
relating to energy efficiency.
The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all
applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including,
but not limited to, those provisions pertaining to employment, program services,
transportation, communications, and access to facilities, renovations, and new
construction.
The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to
environmental standards described in 24 CFR Subpart K, except that:
a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities
described at 570.604, and
b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the
review process under the provisions of 24 CFR part 52.
6.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees
that no person shall on the grounds of race, color, national origin, religion, or sex be
excluded from the benefits of, or be subjected to, discrimination under any activity
carried out by the performance of this Agreement. 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.
6.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation and /or renewal of this Agreement is dependent upon satisfactory evaluation
conclusions. Such evaluations will be based on the terms of this Agreement,
comparisons of planned versus actual progress relating to activity scheduling, budgets,
audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon
request to the CITY and make copies of transcriptions of such records and information
as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a
schedule set by the CITY and at other times upon request, information and status
reports required by the CITY to enable the evaluation of said progress and to allow for
completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the
CITY or HUD to monitor its agency on site. Such site visits may be scheduled or
unscheduled as determined by the CITY or HUD.
6.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal
awards shall have a single or program specific audit conducted 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 by the CITY to
submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit
shall cover a time period of not more than 12 months and an audit shall be submitted
covering each assisted period until all the assistance received from this agreement has
been reported on. A copy of the audit report must be received by the CITY no later than
six months following each audit period.
The SUBRECIPIENT shall maintain all records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement.
6.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the CITY under this
Agreement. The SUBRECIPIENT is required to comply with the following uniform
administrative requirements:
a. Specific provisions of the uniform administrative requirements of OMB Circular A-
110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals and Other
Non - Profit Organizations."
b. OMB Circular A -122 "Cost Principles for Non - Profit Organizations" (a list of allowable
and unallowable costs appears in Attachment B).
c. Applicable provisions of 24 CFR 570.502.
6.6 Lobbyinq Prohibition: The SUBRECIPIENT shall certify that no federal appropriated
funds have been paid or will be paid, by or on behalf of the undersigned, 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 Agreement, 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 Agreement, grant, loan, or cooperative Agreement.
The SUBRECIPIENT shall disclose to the CITY 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 Agreement.
6.7 Section 3 Requirements The SUBRECIPIENT agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. Information on
Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include
the following, referred to as the Section 3 Clause, in every solicitation and every contract
for every Section 3 covered project:
Section 3 Clause
a. The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and
other economic opportunities generated by HUD assistance or HUD - assisted
projects covered by Section 3, shall to the greatest extent feasible, be directed to
low -and very low- income persons, particularly persons who are recipients of HUD
assistance for housing.
b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this
agreement, the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
c. The SUBRECIPIENT agrees to send to each labor organization or representative of
workers with which the SUBRECIPIENT has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the SUBRECIPIENT's commitment under this Section 3 clause,
and will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each, and the name and location of the person(s) taking
applications for each of the positions, and the anticipated date the work shall begin.
d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in this
Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any
subcontractor where the SUBRECIPIENT has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
e. The SUBRECIPIENT will certify that any vacant employment positions, including
training positions, that are filled (1) after the SUBRECIPIENT is selected but before
the contract is executed and (2) with persons other than those to whom the
regulations of 24 CFR Part 135 require employment opportunities to be directed,
were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part
135.
Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
6.8 Insurance: The SUBRECIPIENT recognizes that it is an independent Contractor and
stipulates or implies no affiliation between itself and the City. The SUBRICIPIENT 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
SUBRICIPIENT 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
SUBRICIPIENT 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 SUBRICIPIENT. The SUBRICIPIENT'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 SUBRICIPIENT 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 of workers compensation for your
employees to statutory limits. The SUBRICIPIENT shall provide for thirty (30) days'
notice of cancellation, non - renewal, or any adverse change in coverage.
6.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or
improved in whole or in part with CDBG funds received from the CITY in excess of
$25,000 shall be either:
a. Used to meet one of the three CDBG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY; or
b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT
shall pay to the CITY an amount equal to the market value of the property as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non -CDBG funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real property under the SUBRECIPIENT's control that was acquired or improved in
whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of,
at the expiration or termination of this contract, in accordance with instructions from the
CITY.
All real property purchased in whole or in part with funds from this and previous
agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased
in whole or in part with funds from the CITY, shall be listed in the property records of the
SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition, address or location, owner's
name if different from the SUBRECIPIENT, information on the transfer or disposition of
the property, and map. The property records shall describe the programmatic purpose
for which the property was acquired and identify the CDBG national objective that will be
met. If the property was improved, the records shall describe the programmatic purpose
for which the improvements were made and identify the CDBG national objective that
will be met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
SUBRECIPIENT and shall include a description of the property, location, model number,
manufacturer's serial number, date of acquisition, funding source, unit cost at the time of
acquisition, present market value, property inventory number, information on its
condition, and information on transfer, replacement, or disposition of the property.
The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition
of real property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the
terms of this agreement. The SUBRECIPIENT shall dispose of all such property in
accordance with instructions from the CITY. Those instructions may require the return of
all such property to the CITY.
6.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or
termination of this Agreement, all the assets owned or held as a result of this
Agreement, including, but not limited to any funds on hand, any accounts receivable
attributable to these funds, mortgages, notes, and other collateral and any overpayments
due to unearned funds or costs disallowed pursuant to the terms of this Agreement that
were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within
30 days of expiration or termination of this Agreement execute any and all documents as
required by the CITY to effectuate the reversion of assets. Any funds not earned, as
described and provided for in OMB A -122, by the SUBRECIPIENT prior to the expiration
or termination of this Agreement shall be retained by the CITY.
6.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
6.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be
valid only when in writing and signed by duly authorized representatives of each party.
The parties agree to renegotiate this agreement if the CITY determines, in its sole and
absolute discretion, that federal, State and /or CITY revisions of any applicable laws or
regulations, or increases or decreases in budget allocations make changes in this
agreement necessary.
6.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the
CITY in its sole and absolute discretion, waive provisions in this agreement or seek to
obtain such waiver from the appropriate authority. Waiver requests from the
SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a
modification of this agreement.
6.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and
the CITY, the CITY shall refer the questions, including the views of all interested parties
and the recommendation of the CITY, to the City Manager for determination. The City
Manager, or an authorized representative, will issue a determination within 30 calendar
days of receipt and so advise the CITY and the SUBRECIPIENT, or In the event
additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day
period that additional time is necessary. The SUBRECIPIENT agrees that the City
Manager's determination shall be final and binding on all parties.
6.15 Indemnification:
SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's
option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers,
agents, servants, and employees from and against any and all causes of action, demands,
claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and
expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or
omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting
from, or related to the subject matter of this Agreement, including, without limitation, any and all
claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever
resulting from injuries or damages sustained by any person or property. In the event any
lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of
action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend
such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an
attorney selected by the City Attorney to defend CITY. The obligations of this section shall
survive the expiration or earlier termination of this Agreement. To the extent considered
necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained
by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been
settled or otherwise resolved; and any amount withheld shall not be subject to payment of
interest by CITY.
If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its
subcontractors to agree to the requirements and obligations of this Section 9.15.
6.16 Public Records
SUBRECIPIENT shall comply with all public records laws in accordance with Chapter
119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to:
a) Keep and maintain all records that ordinarily and necessarily would be required
by the CITY.
b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide for the records and at a cost that does not
exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by
law.
C) Ensure that public records that are exempt or confidential and exempt from
public records disclosure are not disclosed except as authorized by law.
d) Meet all requirements for retaining public records and transfer, at no cost, to the
CITY all records in possession of the SUBRECIPIENT at the termination of the
contract and destroy any public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored
electronically must be provided to the CITY in a format that is compatible with the
information technology systems of the CITY. All records shall be transferred to
the CITY prior to final payment being made to the SUBRECIPIENT.
e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the
contract provisions in accordance with the contract and may unilaterally cancel
this contract in accordance with state law.
6.17 Inspector General
SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the
authority to investigate and audit matters relating to the negotiation and performance of
this Agreement, and may demand and obtain records and testimony from
SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other
remedies and consequences provided by law, the failure of SUBRECIPIENT to fully
cooperate with the Inspector General when requested may be deemed by the CITY to
be a material breach of this Agreement.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and
year written above.
WITNESSES:
Print / , ' L. A d -
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BOYNTON BEACH FAITH -BASED
COMMUNITYPEVELOPMENT CORP
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing i strument was acknowledged before me this day
201 , by . u t , who is personally
�•' Yom•. SHEANITHA LASHEA BROOKS
'
J.. Commission # FF 919414 NOT
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Print
Personally Known OR Produced Identification
Type of Identification Produced: _
of
known to me.
CITY OF OY ACH, RIDA
By' ��
Mayor
City Attorney
BOYI'N!TON BENCH FAITH (BASED CDC
City of Boynton Beach CDBG Grant
Fiscal Year 2016 -17
Budget and Scope of Services
Ite4mized Budget
Executive Director ------------------------------------------------------------
Project Manager --------------------------------------------------------------
Homebuyer Coordinator Salary -------------------------------------
Administrative Assistant -----------------------------------------------------
Benefits /FICA Medicaid ------------------------------------------------------
Health Insurance -------------------------------------------------------------
Accounting/ Bookkeeping ----------------------------------------------------
- 4 V' U - ---- --------------------•----• ----- ---------------- --- - -- ---
Scope of Services
------ ---- ---------- - --28, 500.00
----------------- - - - - -- 20,000.00
----------------- - - - - -- 32,000.00
--- ----------------- - - -15, 000.00
------------------ - - - - -- 7,000.00
-------------------- - - - -7, 500.00
-------------------- - - - 20, 0 00.00
--------------- $130,000.Bg
A. Complete pre - purchase Homebuyer Counseling for 150 prospective homebuyers.
Acquire, renovate /construct, and sell or lease four (4) vacant /abandoned foreclosed
properties to low -to- moderate income families. Complete construction /rehabilitation
and sale of all remaining NSP -3 homes.
B. Identify and secure 5 vacant lots in the Model Block redevelopment area through
donations from the City to construct 5 affordable housing units.
C. Complete construction and sale of not less than five (5) new affordable homes.
D. Secure construction financing for new home construction project.
E. Market and sell all units to eligible first time homebuyers.
The City o Bo Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742 -6060
FAX: (561) 742 -6090
e -mail: cityclerk @bbfl.us
www.boynton- beach.org
TO: Octavia Sherrod
FROM: Judith A. Pyle, CIVIC
City Clerk
DATE: January 11, 2017
SUBJECT: R17 -002 CDBG Grant Agreements
Attached for your handling are four original agreements and a copy of the Resolution
mentioned above. Once the document has been executed, please return the original to
the City Clerk's Office for Central Files.
Please contact me if there are any questions. Thank you..
Attachments
(4 Agreement & Resolution)
C: Central File
S: \CC \WP \AFTER COMMISSION \Departmental Transmittals \20MR17 -002 CDBG Agreements.docx
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