R92-117RESOLUTION NO. R92-//~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUtHORiZING THE MAYOR AND CITY CLERK TO
EXECUTE AN ~ENDMENT TO AN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH,
FLORIDA, AND PALM BEACH COUNTY, FLORIDA,
A COPY OF SAID AMENDMENT BEING ATTACHED
HERETO AS EXHIBIT "A"; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach and Palm Beach
lounty entered into an Agreement on October 22, 1991, to
)rovide $425~000 of Community Development Block Grant funds
for Comprehensive Street Improvements; and
W-~EREAS, it has been deemed by the City Commission of
~he City of Boynton Beach to be in the best interests of the
~esidents of the City of Boynton Beach to execute the said
~mendment to the original Agreement, by amending Part II
~cope of Services and Part III Compensation, Time of
~erformance Method and Conditions of Payment, as reflected
Ln the Amendment attached hereto as Exhibi~ "A".
NOW¥ THEREFORE, BE IT RESOLVED BY THE CITY COM~{I$$ION
)FTHE CITY OF BOYNTON BEACH, FLORIDA
Section 1. The City Commission of the City of
~o~rnton Beach, Florida hereby authorizes the Mayor and City
lerk to execute a certain Amendment to the Agreement
~etween the City of Boyn~on Beach and Palm Beach County,
chich Amendment is attached hereto as Exhibit "A" and made a
~a~t hereof.
Section 2. This Resolution shall take effect
mmediately upon passage.
PASSED AND ADOPTED this ~/ day of July, 1992.
CITY OF BOYNTON BEACH,
Mayor
FLORIDA
%TTEST:
2it~ C~e~k
(CorPOrate Seal)
CDBG~D
?/!~/92
Com~issi~/~
AMENDMENT 001 - CITY OF BOYNTON BEACH
All provisions not tn conflict with thts aforementioned amendment
are stt11 tn effect and shall be performed at the same level as specified
tn the Agreement.
CITY OFBOYNTON BEACH CITY OF BOYNTON BEACH
BY:
Ctty Attorney
BY:
Arltne Wetner, Mayor
J. Scott Miller, City Manager
(CITY SEAL)
APPROVED AS TO FORM
AI~ LEGAL SUFFICIENCY
BY:
Tan~y K Fields
Assistant County Attorney
MILTON
BAUER,CLERK
PALM BEACH COUNTY, FLORIDA
ITS BOARD OF COUNTY COIvl4ISSIONERS~
BY:
Deputy Clerk
BY:
Karen Marcus, chair
{COUNTY SEAL)
Ref:AMA~BB.1/CI
A-Z
AGREEMENT BETWEEN .PALM BEACH COUNTY
THE CITY OF BOYNTON BEACH
THIS AGREEMENT, entered into this day of ,
1991, by and between Palm Beach County, a political subdivi-
sion of the State of Florida, for the use and benefit of its
Community Development Block Grant Program, and the City of
Boynton Beach, a Municipality duly organized and existing by
virtue of the laws of the State ef Florida, having its princi-
pal office at 100 East Boynton Beach Boulevard, Boynton Beach,
Florida
33435.
WHEREAS, Palm Beach County has entered into an agreement
with the United States Department of Housing and Urban Develop-
! ment for a grant for the execution and
Community Development Block Grant Program
Palm Beach County, pursuant to Title I
Community Development Act of 1974
WHEREAS] certain Palm Beach
Block Grant Citizen Participation Structures, the Board
County Commissioners of Palm Beach County, and the City
Boynton Beach, desire to provide the activities 'specified
Part II of this con'tract; and
WHEREAS, Palm Beach _County de~ires to engage the City of
Boynton Beach to implement such undert.akings of the Community
Development Block Grant Program.
NOW, THEREFORE, in consideration of the mutual premises
and covenants herein contained, it is agreed as follows:
PART I
DEFINITION AND PURPOSE
1. Definitions
(1) "County" means Palm Beach County.
(2) "CDBG" means the Community Development
implementation of a
in certain areas of
of the Housing and
(as amended); and
County Community Development
of
of
in
Block Grant
Program of Palm Beach County.
(3) "HCD" means Palm Beach County Housing and Community
Development.
(4) "Municipality" means the City of Boynton Beach.
RESOLUTION NO. Rgl-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEAC~' FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND PALM BEACH COUNTY
THE COMMUNITY DEVELOPMENT BLOCK
FUNDING AGREEMENT FOR THE
OF N~E. llTH, 12TW AND
COPY OF SAID AGREEMENT IS
HERETO AS EXHIBIT "A"; AN
EFFECTIVE DATE.
Pa
Palm Beach
States
a grant
lock Graf
pursuant
1974
COu~ty' has entered into an agreem~
of and Urban
.on of a
in certain areas of
~f ~he~>Housing and
(as amended); and
Block Grant Citizen Participation Structures, une-' ~ou=u u~ uv ;
CommiSsioners of Palm Beach County, and ty of Boynton
Beach, desire to provide the activities in Part II of
this contract; and
,~ER~AS, Palm Beach County
Boynt~n 'B~ach to implement such
DeveLopment Block Grant Program.
desires to engage the City of
undertakings of ~the Community
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT=
Section 1. The Mayor and City Clerk are hereby directed
to execute an Interlocal Agreement between the City of Boynton
Beach, Florida and Palm Beach County, regarding redevelopment.~f-
N.E. llth, 12th and 13th Avenues (Seacrest Blvd. to R.R. Ave
said Agreement being attached hereto as Exhibit "A".
Section 2. This Resolution shall take effect immediately
upon passage.
PASSED AND ADOPTED this day of September, 1991.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
City of Boynton Beach
(5)
"HCD Approval" means the written approval of the HCD
Director or his designee of the Community Develop-
ment Block Grant Program after a request or a report
has been properly processed in accordance with the
HCD Policies and Procedures'Manual.
(6) "U.S. HUD" means the Secretary of Housing and Urban
Development or a person authorized to act on its
behalf.
(7) "Low and moderate income persons" means ~he defini-
tion set by U.S. HUD.
Purp. ose
The purpose of
and conditions
ment the Scope
this Agreement is to state the covenants
under which the Municipality will imple-
of Services set forth in Part II 'of this
Agreement. The beneficiaries of a project funded under
this Agreement must constitute a majority (51%) of low-
and moderate-income persons.
SCOPE OF SERVICES
itThe Municipality shall, in a satisfactory and proper manner as
determined by HCD, perform the tasks n~essary to conduct the
outlined in ~the Work Program Narrative and Proposed
"A", and submit invoices using the cover sheet
both of which are attached hereto and made a
program
Budget, Exhibit
in Exhibit "B",
part hereof,
City of Boynton Beach
COMPENSATION,
PAYMENT
PART III
TIME OF PERFORMANCE, METHOD,
AND CONDITIONS OF
1. MAXIMUM COMPENSATION
The Municipality agrees to accept as full
~se~£¢es'- rende~ed~Dursuant~his~Agreement
and'HCD~Director or
made
this Agreement. Said
manner satisfactory
shall the total
services
to HCD.
compensation or reimbursement
Municipality under
be performed in a
event
payment fo~
the actual
desig-
by the
shall
In no
to be
paid hereunder exceed the maximum and total authorized
sum .of $425,000 for the period of October 1, 1991 through
September 30, 1992. Any funds unobligated after the
expiration date of this Agreement revert to the County.
2. TIME OF PERFORMANCE
The .effective date of this Agreement and all rights an(
duties designated hereunder are contingent upon the time~
ly release of funds for this project under U. S. HUD
community Deve.lopment Block Grant No. B-gl-UC-~2-0004.
The effective date shall be the date of execution of this
Agreement or the da~e of release of funds by U.S. HUD,
whichever is later. The service~ of the Municipality
shall commence upon execution of this Agreement or re-
ceipt of an Order to Proceed from HCD, and shall be under-
taken and completed in light of the purposes of this
Agreement. In any event, all services requlred hereunder
shall be completed by the City by Boynton Beach.
3. METHOD OF PAYMENT
The County agrees to make payments and to reimburse th~
Municipality for all budgeted costs permitted by Federal,
State, and County guidelines. In no event shall the
County provide advance funding to the Municipality or any
subcontractors hereunder.
3
City of Boynton Beach
Requests by the Municipality for payments or reimburse-
ments shall be accompanied by proper documentation of
expenditures and shall be submitted to HCD for approval
no later than thirty (30) days after the date the indebt-
edness was incurred. Payment shall be made by the Palm
Beach County. Finance Department upon proper presentation
of invoices and reports approved by the Municipality
and HCD. For purposes of this section, originals of
invoices, receipts, or other evidence of indebtedness
shall be considered proper documentation. When original
documents cannot be presented, the Municipality must
adequately justify their absence, in writing, and furnish
copies. Invoices shall not be honored if received by the
Palm Beach County Finance Department lsuter than thirty
(30) day~ after the expiration date of this
Payment may be expected within thirty (30)
filing a properly supported and approved
Exhibit B).
CONDITIONS ON WHICH PAYMENT IS CONTINGENT
(1) IMPLEMENTATION OF PROJECT ACCORDING
Agreement.
days after
invoice (See
TO REQUIRED
PROCEDURES
The Municipality shall implement, this Agreement in
accordance with applicable Federal, State, and Coun-
ty laws, ordinances, and codes and witk the proce-
dures outlined in the HCD Policies and Procedures
Manual, and amendments and additions thereto as may
from time to time be made. The Federal, State, and
County laws, ordinances and codes are minimal regula-
tions supplemented by more restrictive guidelines
set forth in the HCD Policies and Procedures Manu-
al. No payments will be made until an HCD-approved
cost allocation plan for multi-funded pro3ects
approved by HCD Director or his designee has been
placed on file with HCD (if applicable).
City of Boynton Beach
dent contractor
itive bidding
under
with a ~ertif~ed'
Awards authorizing
and a certified
tracts shall be
Upon receipt of
tracts, HCD wirl
to the Palm Beach County
com~ents related to the
the Work to be done on the
the contract let. Ail
submitted to HCD for prior
certified copies of Bid Awards
audit
awarded a contract to an indepen-
to perf6rm project services and if compet-
or competitive negotiations are require~--
shall provide HC~
Bid SPecifications and Bid
projects
such con-
approval.
and Con-
and forward said certified copies
Finance Department together with
audit. If the Municipality has
awarded a contract to an independent contractor to per-
form project services, the Municipalityt shall describe
the services for which it is invoicing. If the Municipal-
ity uses its own work force to perform project service~
the Municipality shall submit a certified copy of the
purchase orders authorizing the purchase of material and
a certified copy of the work orders ordering the work for
which it will be invoicing. If the Municipality has
awarded a contract Go an independent contractor to per-
form ~roject services, the Municipality shall submit a
certified copy of the contractor's invoices identifying
the contract to which it applies stating the services
rendered. The Municipality's chief finance office shall
certify that the work that is being invoiced
completed. The Municipality's chief finance
add his or her certificate to the
pality has paid the invoice and
with which the Municipality paid
some other
for has been
officer will
invoice that the Munic~'~
indicate check numbe~
the invoice or provide
satisfactory audit trail.
5
City of Boynton Beach
(2)
(3)
Should a project receive additional funding after
the commencement of this Agreement, the Municipality
shall notify HCD in writing within thirty (30) days
of their notification by the funding source and
submit an approved cost allocation plan within for-
ty-five (45) days of said official notification.
FINANCIAL ACCOUNTABILITY
The. County may have a financial systems analysis and
an internal fiscal control evaluation of the Munici-
pality by an independent auditing firm employed by
the County or by the County Internal Audit Depart-
ment at any time the County deems necessary to deter-
mine if the project is being managed in accordance
with Federal, State, and County requirements.
SUBCONTRACTS
Any work or
services subcontracted hereunder shall
be specifically by written contact, written agree-
ment, or purchase order and shall be subject to each
provision of this Agreement. Proper documentation
in accordance with County, State, and Federal gu/de-
lines and regulations must 6~ submitted by the Munic-
ipality to HCD and approved b~ HCD prior to execu-
tion of any subcontract hereunder. In addition, all
subcontracts shall be subject to Federal, State, and
County laws and regulations. This includes ensuring
that all consultant contracts and fee schedules meet
the minimum standards as established by the Palm
Beach County Engineering Department and U.S. HUD.
Contracts for architec=ure, engineering, survey, and
planning shall be negotiated fixed fee contracts.
All additional services shall have prior written
approval with support documentation detailing catego-
ries of persons performing work plus hourly rates
including benefits, number of drawings required, and
City of Boynton Beach-
(4)
(5)
(6)
all items that justify the "Fixed
Reimbursables will. be.at cost.
None of the work or services covered
ment, including but not limited to
or services, shall
without prior written approv~.l of
or his designee.
PURCHASING
Ail purchasing for services and goods, including
capital equipment, shall be made by purchase order
· or by a written contract and in conformity with the
procedures prescribed by the Palm Beach County Pur-
Fee Contract."
by this Agree
consultant work
or reimbursed
the HCD Director
chasing Procedure~ M~nual, as well a~'~ederal Manage-
ment Circulars A-102, The Common Rule, and A-87,
incorporated herein by reference.
REPORTS, AUDITS, AND EVALUATIONS
Payment will be contingent on the receipt and .approv-
al of reports required by this Agreement~' the satis-
factory evaluation of the project by HCD and the
County and satisfactory audits by the Internal Audit
6epartments of the County and Federal Government if
required. All reports (monthly, biweekly, etc.)
will be due within the time prescribed by this Agree-
ment and the attachments hereto
tion of this Agreement.
ADDITIONAL HCD, cOUNTY, AND U.S.
following th~ execu-
HCD shall have the right under this Agreement
suspend or terminate payments until the Municipally.
complies with any additional conditions that may be
imposed by HCD, the County or U.S. HUD at any time.
HUD REQUIREMENTS
City of Boynton Beach
(7) PRIOR WRITTEN APPROVALS-SUMMARY
The following includes but is not limited to activi-
ties that require the prior written approval of the
HCD Director or his designee to be eligible for reim-
bursement or payment:
(a) Initiation of new programs no~ covered by'this
Agreement;
(b) All subcontracts and agreements pursuant to
this Agreement;
(c) All capital equipment expenditures of $1,000 or
more;
(d) All out-of-town travel; (travel shall be reim-
bursed in accordance with Florida Statutes,
.~hapter 112.061);
(e) All change orders; and
(f) Requests to utilize uncommitted funds after the
_expir&tion of this agreement.
(8) PROGRAM-GENERATED INCOME
All income by the Municipality from activities fi-
nanced in Whole or in part by CDBG funds must be
reported to HCD.- Such income would include but not
be limited to income from kervice fees, sale of
commodities, and rental or usage fees. In addition
to reporting said income, the Municipality shall
report to HCD the procedure developed to utilize
program income to offset project costs. If program
income is used to extend the availability of servic-
es provided by the Municipality through this Agree-
menu, the prior written approval of the HCD Director
or his designee will be required. Accounting and
disbursement of program income shall be consistent
with the procedures outlined in OMB Circular A-lO2,
and other applicable regulations incorporated herein
by reference.
8
City of Boynton Beach
GENERAL CONDITIONS
1.
PART iV
OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The Municipality agrees that no person shall on the
ground of race, color, national origin, religion, or s
be excluded from ~he of, or be subjected to
discrimination under any .~activity carried out by the
performance of this Agrgement. Upon receipt of evidence
of such discrimination,' %he County shall have the right
to terminate this Agreem,
To the 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 ~a~ by persons residing in the ~roject areas
shall be awarded'contracts in connection with the project.
OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUS
NESS ENTERPRISES
In the procurement of supplies, equipment, construction,
or services to implement this Agreement, the Municipality
shall make a positive effort to utilize small business
and minority/women-o~ned business enterprises of supplies
and s~rvices, and provide these so~rce~ the maximum feasi-
ble opportunity to compete for contracts to be performed
pursuant to this Agreement. To the maximum extent feasi-
ble these small business and minority/women-owned busi-
ness enterprises shall be located in or owned by resi-
dents of the CDBG areas designated by Palm Beach County
in the CDBG Final Statement
U.S. HUD. At a minimum, the
with the Section 3 Clause of
of Objectives approved--y
subrecipient shall com~y
the Housing and Community
Development Act of 1968.
9
City of Boynton Beach
EVALUATION AND MONITORING
The Municipality agrees that HCD will carry out periodic
monitoring and evaluation activities as determined
necessary by HCD or the County and that the continuation
of this Agreement is dependent upon satisfactory evalua-
tion conclusions. Such evaluations will be based on the
terms of this Agreement, comparisons of planned versus
actual progress relating to project scheduling, budgets,
audit reports, and output, measures. The Municipality
agrees to furnish upon request to HCD, the County or the
County's designees and make copies or transcriptions of
such records and information as is determined necessary
by HCD or the County. The Municipality shall submit on a
monthly and quarterly basis, and at other times upon the
request of HCD, information and status reports required
by HCD, the County or U.S. HUD on forms approved by HCD.
Monthly Grantee Performance Reports 4949.2 (Activity
Summary) will be required. This information will in-
clude: detailed information on the status of the
project(s) and status of funds; and if applicable, the
number of clients served by census tract; the number of
low- to moderate-income persons; racial breakdown; and
the number of female-headed households. In the event
that this Agreement should provide funds for capital
improvements projects, the Municipalfty shall be respon-
informa-
sible for providing all necessary and pertinent
tion to HCD's Capital Improvements Section in order to
allow for completion of the Grantee Performance Reports.
However, this exception shall apply only to capital im-
provements activities.
AUDITS AND INSPECTIONS
At any time during normal
HCD, the County, U.S. HUD,
the United States may deem necessary,
available by the Municipality to HCD,
business hours and as often as
or the Comptroller General of
there shall be made
the County, U.S.
10
City of Boynton Beach
HUD, or the Comptroller General for examination of all
its record~ with respect to all matters covered by this
Agreement. The Municipality will permit HCD, the County,
U.S. HUD, or the ComptrWller General to audit and examine
all contracts, invoices, materials, payroll, records o
personnel conditions of employment, and other data relat-
covered ~¥ t~is Agreement. The County
to require the Municipality or any of
its to submit, at the request of_the Coun-
ty, to an audit by an auditor _of the County's choosing.
The cost of said audit shall be borne by the Municipali-
ty. The County will be responsible for providing technl-
ing to all matters
reserves the right
subcontractors
cal .assistance to the Municipality, as deemed necessary
by either party. The Municipality agrees to comply with
the provisions of the Single Audit Act of 1984 as it
pertains to this Agreement, and shall be in accordance
with OMB circulars A-128, the Common Rule, and othe~--
applicable regulations. The County will require
Municipality to submit an audit to HCD within ninety (90)
~a%s after the expiration_ of this agreement, or at a
the
that
mutually agreed upon time may with
Municipality's fiscal year audit, subject to HCD's approv-
DATA BECOMES COUNTY PROPERTY
All reports, plans, surveys, information,
maps, and other data procedures developed,
documents,
prepared,
assembled, or completed by the Municipality for the pur-
pose of this Agreement shall become the property of the
County without restriction, reservation, or limitati~
of their use and shall be made available by the Municipa~
ity at any time upon request by the County or HCD. Upon
completion of all work contemplated under this Agreement,
copies of all documents and records relating to this
Agreement shall be surrendered to HCD, if requested.
I1
City of Boynton Beach
In any event, the Municipality shall keep all documents
and records for three (3) years after expiration of this
Agreement.
INDEMNIFICATION --
The Municipality shall indemnify and save the County
harmless from any and all claims, losses, damages, and
causes of actions which mgy ar~se out of the performance
of this Agreement, including costs and expenses for or on
account of any or all suits actual or threatened. The
Municipality shall pay all claims and losses of any na-
ture whatsoever in connection therewith including costs
and attorney's fees, and shall defend all suits, relating
to ~ts performance of this Agreement, and shall pay all
costs and judgments which may result.- In particular, the
Municipality will hold the County harmless and will indem-
nify the County for funds which the County is 6bligated
to refund the Federal Government arising out of the con-
duct of activities and administration of the Municipality.
Additionally, the Municipality shall also indemnify and
save the County harmless from all violations by the Munic-
ipality of Federal, State, and County regulations, codes
and statutes. The Municipality shall also be held respon-
sible for all claims and losses ~s a result of said ac-
tions and will hold the County harmless and will indemni-
fy the County for funds which the County may be obligated
to refund to the Federal Government by reason thereof.
At all times during the term of this Agreement, the Munic-
ipality shall maintain in force Comprehensive General
Liability Insurance, including coverage for personal
injury, bodily injury, property damage, and contractual
liability or verify self insurance by letter, to support
the Indemnification clause contained herein.
12
City of Boynton Beach
Such insurance shall be in an amount of not less than
,$200;000 each occurrence, and coverages~ ?, shall be evi-
denced by a Certificate of and shall provide
for thirty (30) days no%ice of cancellation, non-renewal
or any adverse change in coverage. Palm Beach Coun
s~hall be included in ~he ~C,0veraqe~ ~- an additional ih-'
sured as its interests may appear.
MAINTENANCE OF ,EFFORT
The ,intent and, pgrpose of this Agreement is t~ increase
the availability of the Munlczpallty s services. This
Agreement is not to substitute for or replace existing or
planned projects or activities of the Municipality. The
Municipality agrees to maintain a level of activities and
expenditures, planned or existing, for projects similar
to those being assisted under this Agreement which is not
less than that level existing prior to this Agreement.
CONFLICT OF INTEREST
The MRnicipaltty agrees to abide by and be governed __
Florida Statute #112 (Conflict of Interest) as amended
which is incorporated herein by reference. The Municipal-
ity further covenants that no person who presently exer-
cises any functions or responsibilities in connection
with the CDBG Project, Nas any personal financial inter-
est, direct or indirect, in the target areas or any par-
cels therein, which would conflict in any manner or de-
gree with the performance of this Agreement and that no
person having any conflict of interest shall be employed
by or subcontracted by the Municipality. Any possible
conflict of interest on the part of the Municipality,o~r
its employees shall be disclosed in writing to HCD prov~
ed, however, that this paragraph shall be interpreted in
such a manner so as not to unreasonably impede the statu-
tory requirement that maximum opportunity be provided for
employraent of and participation of low and moderate-
income residents of the project target area.
13
City of Boynton Beach
10.
11.
CITIZEN PARTICIPATION
The Municipality shall cooperate with HCD in informing
the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activi-
ties of the Municipality in carrying out the provisions
of this Agreement. Representatives of the Municipality
shall attend meetings of the appropriate Committees and
Citizen Participation Structures upon the request of the
Citizen Participation Officers, HCD, or the County.
PROJECT PUBLICITY
When issuing statements or press releases describing
projects or programs, the Municipality shall clearly
state 1) the. percentage of the total cost of the pro3ect,
which will be financed with federa~ money; and 2) the
dollar amount of federal funds for th6 project. HCD
funding will be similarly recognized as outlined in this
section.
CONTRACT DOCUMENTS
The following documents are herein incorporated by refer-
ence and made.s part hereof, and shall constitute and be
referred to as the contract; and all of said documents
taken as a whole ~onstitute the contract between the
parties hereto and are as fully a par~ of the contract as
if they were sen forth verbatim and at length
(1) This Agreement, including Exhibits A and B
(2) Proposed Budget(s) included in Exhibit A, Work
Program Narrative
(3) Office of Management and Budget Circulars A-87,
A-lO2, and A-128
(4) Florida Statutes, Chapter 112
(5) Executive Orders 11026, 11625, 11246, and the Davis
Bacon Act
(6) Grantee Performance Report Form 4949.2
(7) Palm Beach County Purchasing Procedures Manual
herein:
14
City of Boynton Beach
(8) Grant
tions (2% CFR Part 570), as amended
(9) The Common Rule for Uniform Administrative
ments for Grants and' Cooperative
Regula-
Require~-
Agreements wi~
12.
(IO) T~!~MUn~Cipa~ity~s~Cer~if~cate of Insurance or
i~tter~.~Verifying self-insurance.
All off-theSe documentsr-are filed and will be maintained
at the Business Office of HCD. One copy of the contract
documents will be f~rnished to the Municipality without
charge by HCD, with the exception of item (2) above,
which has been transmitted to HCD by the Municipality.
TERMINATION
In event of termination for any
finished or unfinished documents,
of th~ following, all
data studies, surveys,
drawings, maps, models, photographs, reports prepare~
and capital equipment secured by the Municipality wi%.~
CDBG funds under this Agreement shall be returned to HCD
or the County..
In the event of termination, the Municipality shall not
be relieved of liabflity to the County for damages sus-
tained by the County by virtue of~an~ breach of the con-
tract by the Municipality, and the County may withhold
any payment to the Municipality for set-off purposes
until such time as ehe exact amount of damages due to the
County from the Municipality is determined.
A. Termination/Suspension of Payments/Contract for
~ause:
If through any cause the Municipality shall fail
fulfill in timely and proper
under this Agreement, or if
violate any of the covenants,
tions of this Agreement, the County shall thereupon
15
manner its obligations
the Municipality shall
agreements, or stipula-
City of Boynton Beach
Co
have the right to terminate this Agreement or suspend
payments in whole or part by giving written notice to
the Municipality of such termination or suspension of
payments and specify the effective date of termination
or suspension.
If payments are~ withheld, HCD shall specify in writing
the actions that must be taken by the Municipality as
a condition precedent to resumption of payments and
shall specify a reasonable date for compliance. Suffi-
cient cause for suspension of payments shall include,
but not be limited to:
(1)
(2)
(3)
(4)
reports.
Ineffective or improper use of CDBG funds;
Failure to comply with the work program or terms
of this Agreement;
Failure~to submit reports as required; and
Submittal of materially incorrect or incomplete
Termination'forConvenience of County:
The County may terminate this Agreement without cause
at any time by giving at least ten (10) working days
notice in writing from the County to the Municipali-
ty. If this Agre6ment is terminated by the County as
provided herein, the Municipality. will be paid for
allowable services, performed under Part II of this
Agreement until the effective date of this termination.
In the event the grant to the County under Titie I of
the Housing and Community Development Act of 1974 (as
amended) is suspended or terminated, this Agreement
shall be suspended or terminated effective on the date
the U.S. HUD specifies.
Termination for Convenience of the Municipality
At any time during the
Municipality may, at its
terminate this Agreement
written notice to the HCD.
16
term of this Agreement, the
option and for any reason,
upon ten (10) working days
City of Boynton Beach
13.
14.
!il
15.
16.
Upon termination, t~e Municipality shall be paid for
services rendered pursuant to this Agreement through
and including the da.~e of termination subject to the__.
conditions of Paragraph "B" above.
remainder of this ~Agre~m'ent shall not be affected thereby
if such re~&inder would then continue to conform to the
terms' and requirements of applicable law.
AMEN~_MENTS
't
The Coun y may, at its discretion, amend this Agreement
to conform with changes in Federal, State, County, or
U.S. HUD guidelines, directives, and- objectives. Such
amendments shall be incorporated by written amendment as
a part of this Agreement and shall be subject to ~pproval
of the Palm Beach County Board of County Commissioners
Except as otherwise provided herein, no amendment to thi~--
Agreement shall be binding on either party unless in
writing, approved by the Board of County Commissioners
and signed by both parties.
NOTIC~
All notice required to. be given' un, er this Agreement
shall be sufficient when delivered to HCD at its office
at 3323 Belvedere Road, Building 501, West Palm Beach,
Florida 33406, and to the Municipality when delivered to
its office at the address listed on Page One (1) of this
Agreement.
The Municipality agrees that, in all matters relating ~'--
this Agreement, it will be acting as an independent age]_.
and that its employees are not Palm Beach County employ-
ees and are not subject to the County provisions of the
law applicable to County employees relative to employ-
ment, hours of work, rates of compensation, leave, unem-
ployment compensation and employee benefits. 17
City of Boynton Beach
17. NO FORFEITURE
19.
The rights of the County under this Agreement shall be
cumulative and failure on the part of the County to exer-
cise promptly any rights given hereunder shall
ate to forfeit or Waive any of t~e said rights.
COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty-one
pages and the exhibits referenced herein,
ed in five (5) counterparts, each of
deemed to be an original, and such
constitute one and the same instrument.
ENTIRE UNDERSTANDING
This Agreement and its provisions merge
not oper-
(21) enumerated
shall be execut-
which shall be
counterparts will
any prior agree-
ments, if any, between the parties hereto and constitutes
the entire understanding. The parties hereby acknowledge
18
City of Boynton Beach
that there have been and are no representations, warranties,
covenants, or undertakings other, than those expressly set
forth herein. ~
our Hands and Seal~ on this ~: day of ., 1991.
Approved as to Form and Legal
Sufficiency:
Tammy K. Fields
Assistant County Attorney
Palm Beach County
BY:
J. Scott Miller7 City Manager
City of Boynton Beach
-ATTEST:
BY: BY:
John B. Dunkle, Clerk
Palm Beach County
Board of County Commissioners
Arline Weiner, Mayor
City of Boynton Beach
BY:
Sue Kruse, City Clerk
City of Boynton Beach
BY:
Attorney for Municipality
(Signature Optional)
PALM BEACH cOUNTY BY ITS
BOARD OF COUNTY cOMMISSIONERS
BY:
Karen T. Marcus, Chair
Board of County Commissioners
Palm Beach County
(COUNTY SEAL)
(CITY SEAL)
19
REF:AGRBB91.92/CI
City of Boynton Beach
EXHIBIT A:
WORK PROGRAM NARRATIVE
CITY OF BOYNTON BEACH
The Municipality agrees to provide the following administra-
tive and operational services during the period beginning
October 1, 1991 through September 30, 1992.
A. Description of Work and Annual Performance Goals:
Phase I Comprehensive Street Improvements on NE llth Ave-
nue between Seacrest Boulevard and Railroad Avenue and
Railroad Avenue between Mart~n Luther King, Jr. Blvd. and
N.E. 13th Avenue To include site preparation, drainage,
roadway c(instruction, markings and signs, water distribu-
tion to meters, landscaping, driveway and walkway transi-
tions to minimize maintenance, and incidental expense.
~ork to be advertised by October 31, 1991. Bids will be
opened by November 30, 1991. Contract award by January
2, 1992. Pre-construction conference by January 15,
1992, Notice to Proceed by February 1, 1992, and-contract
time 240 days.
The time for completion of the above listed'activities
shall be September 30, 1992.
Bo
The Municipality will submit detailed monthly progress
reports to Housing and Community Development Division
outlining the status of specific activities under each
project. Each report must account for the total activity
for which the Municipality is reimbursed in part or in
whole., with CDBG funds, and which is required in fulfill-
ment of their obligations regarding the projects. The
progress reports should be mainly in the form of a narra-
tive and are required in addition to monthly Grantee
Performance Reports (GPR's) where the latter is applica-
ble. The progress reports shal~l be used as an additional
basis for invoice reimbursement~
II. The County agrees to:
A. Provide funding in the amount of $425,000.
Provide technical
ensure compliance
applicable State,
assistance on an on-going basis to
with U.S. HUD program guidelines and
Federal, and County regulations.
Co
Monitor the Municipality during the administration of the
Agreement to ensure planned activities are conducted in a
timely manner and in accordance with U.S. HUD regulations.
Ref:AGRBB91.92/CI
20
I!
AMENE)MENT 001 - CITY OF BOYNTON BEACH
All provlslons not In confllct with thts aforementioned amendment
are still in effect and shall be performed at the same level as speclfled
tn the Agreement.
CITY OF BOYNTON BEACH
CITY OF BOYNTON BEACH
BY: BY:
City Attorney
Arllne Welner, Mayor
BY:
J. Scott Miller, City Manager
(CITY SEAL)
APPROVED AS TO FORM
Ak~ LEGAL SUFFICIENCY
BY:
Tan~y K Fields
Assistant County Attorney
MILTON T. BAUER,CLERK
BY:
Deputy Clerk
PALM BEACH COUNTY, FLORIDA
ITS BOARD OF COUNTY COI~4ISSIONERS
BY:
Karen Marcus, Chair
(COUNTY SEAL)
Ref:AMAGBB. 1/CI
A-Z
1992,
AMENDMENT 00! TO THE AGREEMENT
WITH
THE CITY OF BOYNTON BEACH
Amencb~ent 001 entered into this day of
by and between-Palm Beach County and the City of Boynton Beach.
WITNESSETH)
WHEREAS, Palm Beach County entered into an agreement with the
City of Beynton Beach on October 22, 1991, and approved bY Document
R91-15000, to provide $425,000 of Co~dntty Development Block Grant funds
for Comprehensive Street Improvements; and
WHEREAS, favorable bid prices have provided adequate funding to
underwrite a substantial change order to the scope of work as detailed in
Exhibit "A" of the agreement, and
WHEREAS, the expanded scope of improvements could not be
completed by the expiration date of September 30, 1992; and
WHEREAS, both parties mutually agree that the original agreement
as amended entered into on October 22, 1991, is hereby amended as follows:
I. Under Part [! - Scope of Services:
EXHIBIT
Work Program Narrative is detailed and expanded to ~nclude a
portion (determined by design limitations) of N.E. 12th Avenue and N.E.
13th Avenue from Seacrest Blvd. easterly to approximately N.E. 1st Street
in addition to the original Phase I scope which is; N.E. 11th Avenue from
Seacrest Blvd. to Railroad Avenue and Railroad Avenue from N.E. 11th
Avenue to N.E. 13th Avenue.
II.
Under Part IX! - Compensation, Ttme of Performance
: Nethodand Conditions of Pajfment.
with the
amendment.
A. Section 1, third sentence, substitute "December 31,
1992," for "September 30, 1992."
NOW, THEREFORE, all items In the previous agreement in conflict
amendment shall be and are hereby changed to conform to this
A-!
Attachment A