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R91-044RESOLUTION NO. R91-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT WITH PALM BEACH COUNTY TO PROVIDE FUNDING TO THE CITY OF BOYNTON BEACH IN THE AMOUNT OF $141,721.00 FOR ACQUISITION OF LAND FOR USE IN THE SINGLE FAMILY HOUSING (INFILL) CONSTRUCTION PROGRAM; A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is currently under a contract with Palm Beach County for a grant in the amount of $150,000.00 to provide funding for acquisition of land for the Infill Program; and WHEREAS, this Contract has been extended a number of times by way of an amendment to the contract to allow time for expenditure of the total amount; and WHEREAS, the current contract will expire on March 31, 1991, and the County has drafted a new contract for the remaining balance of the grant in the amount of $141,721.00, which will be effective from April 1, 1991 through March 31, 1992. 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 authorized and directed to execute a certain Agreement between the City of Boynton Beach, Florida and Palm Beach County, said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this /~ day of March, 1991. YNTON BEACH, FLORIDA Cbmmissioner u- Co,mis sion'er Clerk (Corporate Seal) ~ommissfoner i City of Boynton Beach EXHIBIT A: WORK PROGRAMN~RRATIVE CITY OF BOYNTON'BEACH IX. The Municipality agrees to provide the following-servic- es for Fiscal Year 1991/92: Land Acquisition: The Municipality will develop and implement a land acquisition and infill housing program in accordance with Palm Beach County Poli- cies and Procedures Memorandum HC-0-207, including the purchase, site development and donation of va- cant lots throughout the Neighborhood Strategy Area to facilitate the development and r~habilitation of vacant properties. The Neighborhood Strategy Area is defined by the following boundaries: East Limits U.S. #1 West Limits 1-95 North Limits - Canal C~15 South Limits - N.W. and N.E. 9th Avenue Total Project Funding for this Activity: $141,721.00 Bo Maintenance: The Municipality agrees to maintain all previously and current CDBG-funded activities including street improvements, park improvements, land acquisition and recreational facilities improve- ments. Failure to do so on a regular basis will result in forfeiture of future CDBG funds and will delay funding for ongoing activities. Ongoing CDBG program--s such as relocation, rehabilita- tion of single and multi-family units, land acquisi- tion and economic development activities will be funded by HCD based on information the Municipality provides HCD on potential applicants and locations, and funding will be based on need and the availabili- ty of funds. The County agrees to: A. Provide funding as specified in this contract for: 1. Land Acquisition - Infill housing for NSA $141,721. Total funds allocated for FY 1991-92: $141,721 Provide technical assistance to the Municipality to ensure compliance with all CDBG and applicable Feder- al, State and County Regulations. Provide overall administration and coordination services to ensure that planned CDBG activities are completed in a timely manner. HCD reserves the right to monitor the Municipality at any time while the agreement is in effect. Visits may be announced or unannounced as determined by HCD to ensure compli- ance with U.S. HUD, HCD, and applicable Federal, State and County regulations and prooedures as well a~report on the verification and accuracy of report- ing procedures to HCD on program activities. -20- C~t¥ of Boynton Beach these. ba~d sources. Ref:AGRBB3.91/CI -21- relo- for be re- City of Boynton Beach EXHIBIT A: WORK PROGRAM NARRATIVE CITY OF BOYNTON~BEA~H II. The Municipality agrees to provide the following servic- es for Fiscal Year 1991/92: Land Acquisition: The Municipality will develop and implement a land acquisition and infill housing program in accordance with Palm Beach County Poli- cies and Procedures Memorandum HC-0-207, including the purchase, site development and donation of va- cant lots throughout the Neigb-borhood Strategy Area to facilitate the development and rehabilitation of vacant properties. The Neighborhood Strategy Area is defined by the following boundaries: East Limits West Limits North Limits South Limits U. S. ~1 1-95 Canal C-15 N.W. and N.E. 9th Avenue Total Project Funding for this Activity: $141,721.00 Maintenance: The Municipality agrees to maintain all previously and current CDBG-funded activities including street improvements, park improvements, land acquisition and recreational facilities improve- ments. Failure to do so on a regular basis will result in forfeiture of future CDBG funds and will~ delay funding for ongoing activities. Ongoing CDBG programs such as relocation, rehabilita- tion of single and multi-family units, land acquisi- tion and economic development activities will be funded by HCD based on information the Municipality provides HCD on potential applicants and locations, and funding will be based on need and the availabili- ty of funds. The County agrees to: A. Provide funding as specified in this contract for: 1. Land 'Acquisition Infill housing for NSA $141. 721. Total funds allocated for FY 1991-92: $141,721 Provide technical assistance to the Municipality to ensure compliance with all CDBG and applicable Feder- al, State and County Regulations. Provide overall administration and coordination services to ensure that planned CDBG activities are completed in a timely manner. HCD reserves the right to monitor the Municipality at any time while the agreement is in effect. Visits may be announced or unannounced as determined by HCD to ensure compli- ance with U.S. HUD, HCD, and applicable Federal, State and County regulations and procedures as well as report o~ the verification and accuracy of report- ing procedures to HCD on program activities. -20- City of Boynton Beach D. Provide tk~e b~sed sources. Ref:AGRBB3.91/CI and the relo- le and multi-family etc. ~¢tual funding for and will be availability of funding reh -21- AGREE~R~ ~BETWEEN P;~_~ BEACfI COUNTY AND · HE CITY O~ BOYN~ON BEACR 1991, THIS AGREEMENT, by and between entered into this Palm Beach County, a day of political subdivi- sion of the State of Florida, for the use and benefit of its Community Development Block Grant Pro, ram, and the City of Boynton Beach, a MuniCipality duly organized and existing by virtue of the laws of the State of Florida, having its princi- tpal office at 120 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 Development for a grant, for the execution and implementation of a Community Development Block Grant Program in certain areas of Palm Beach County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, certain Palm Beach County Community Development Block Grant Citizen Participation Structures.. -the Board of County CommissiOners of Palm Beach County, and the City of specified in Boynton Beach, desire to Part II of this contract; WHEREAS, Palm Beach provide the activities and-- County desires to engage the City of Boynton Beach to implement such undertakings of the Community Development'Block Grant Program. NOW, THEREFORE, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: ~ PART I DEFINITION AND PURPOSE 1. Definitions (1) "County" means Palm Beach County. (2) "CDBG" means the Community Development Block Grant'Program of Palm Beach County. (3) "HCD" means Palm Beach County Housing and Community Development. _ (4) "Municipality" means the City of Boynton Beach. -I- ND. A RESOLUTION. OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AND CITY $150,000 pr~ide the Infill Program; and WHEREA$~,~ ~his Contract times by way of an amendment to cc for expenditure of~the'total amount; and cdrrently, under a of for number of allow time WHEREAS, the current contract will .expire on March 31, 1991, and the County has drafted a new contract for the remaining balance of the grant in the amount of $141,721.00, which will be effective from April 1, 1991 thrOUgh March 31, 1991. NOW', THEREFORE, BE IT RESOLVED~ BY.THE CITY OF THE CITY OF BOYNTON BEACH, FLORIDATHAT: Section 1. The Mayor and City Clerk authorized and directed to execute a certain-Agreement the City of Boynton Beach, Florida and Palm Beach said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of March, 1991. COMMISSION are hereby CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ~ommissioner Commissioner rEST: CommissiOner City Clerk Corporate Seal) City of Boynton Beach (s) (6) "HCD Approval" ~eans of the HCD Director or his designee of . the Community Development Block Grant Program after a request or a report has been properly processed in accordance with the HCD Policies and Procedures Manual. "U.S. HUD" means the Secretary of Housing a~d Urban Devel6pment or a person authorized to act on its behalf. o (7) "Low and moderate income persons" means the defini- tion set by U.S. HUD. Purpose 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 The Municipality shall, in determined by HCD, perform PART II a satisfactory and proper marnuer as the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached h~eto and made a )art hereof. :OMPENSATION, TIME AYMENT PART III OF PERFORMANCE, ~u~'~OD, AND CONDITIONS MAXIMUM COMPENSATION The Municipality agrees to accept services rendered pursuant to actual amount of budgeted, eligible, as full payment for this Agreement the and HCD Director or -2- City of Boynton Beach ~ized·sum through· and unobligated the Municipality under this Agreement. Said services shaI1 be performed in' a manner ~atiSfactory to HCD. In no event shall the total compensation or reimbursement · ~bepaid hereUndere~c'e~d"%h~aximum and ~otali~author-~ the ,period of April 1, 1991 i~cluding March 31, 1992. An~ funds' after the expiration date of this Agree- ment revert to the County. TIME OF PERFORMANCE The effective date of this Agreement and all riqhts and duties designated hereunder are contingent upon the timely release of funds for this project under U. S. HUD Community Development Block Gr_ant No. B-88-UC-12-0004. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. -- HUD, whichever is later. The services of the Municipality shall commence upon execution of this Agreement or receipt of an Order to Proceed from HCD, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be complet- ed by March 31, 1992. METHOD OF PAYMENT The County agrees to make payments and to reimburse the Municipality for all budgeted costs permitted by Feder- al, State, and County guidelines. In no event shall the County provide advance funding to the Municipality or any subcontractors hereunder. Requests by the Municipal- ity for payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be than thirty submitted to (30) days HCD for approval no later -3- City of Boynton.~Beach~ after the date the indebtedness .was incurred. Payment shall be made by the Palm Beach County Finance. Depart- ment 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 prop- er documentation. When original documents cannot be presen%ed, the Municipality must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the Palm Beach Coun- ty Finance Department later than thirty (30) days after the expiration date of this Agreement. Payment may be expected within thirty (30) days after filing a properly supported and approved invoice (See Exhibit S). CONDITIONS ON WHICH PAYMENT IS CONTINGENT (1) IMPLEMENTATION OF PROJECT ACCORDING TO REQUIB~ PROCEDURES The Municipality shall implement this Agreement in accordance with applicable Federal, State, and Coun- ty laws, ordinances, and codes and with 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 reimbursements will be made without evidence of appropriate insuranc6 as required by Part IV, Section 6 of this Agreement on file with HCD. No payments will be made until an HCD-approved cost allocation plan for multi-funded projects approved by the HCD Director or his designee has been placed on file with HCD (if applicable). If the -4- City of-Boynton-Beach Mun!¢ipa~i%y~h&s,awa'rded ~co~trac~,~to an independent contractor to ~pe~form~ project s~rvice~, and if competi- tive bidding ox .competitive negotiations are required Awa~rds authorizing the work_to,be done on the projects and a certified ,COpy of me, contract let. All such contracts shall be Submitted to HCD~ for prior approval. Upon receipt of certified copies of Bid--Awards and Con- tracts, HCD will audit and forward said certified copies to the Palm Beach County Finance Department together with comments related~ to the audit. Fund's expended for the acquisition of properties to be utilized for in-fill housing shall be repaid to ~he County three (3) years after the expiration of this agreement unless said properties are under purchase__ contract for the in-fill housing purpose intended. If the Municipality has awarded a contract to an indepen- dent contractor to perform project services, the Munici- · pality shall describe the services for which it is in- voicing. If the Municipality uses its own work force to perform project services, the ,Municipality shall submit a certi- fied copy of the purchase orders authorizing the pur- chase of material and a certified copy of the wo'rk or- ders ordering the work for which it will be invoicing. If the Municipality has awarded a contract to an indepen- dent contractor to perform project services, the Munici- pality shall submit a certified copy of the contractor's~ invoices identifying the contract to which it applies stating the services rendered. -5- (2) 3) City o~ Boynton Beach The office shall certify tha= the wore that is being invoiced for has been com- pleted. If the Municipality wishes, it may submit paid invoices for by the County. In these instances, the Municipality's chief finance officer will add his or her certificate to the invoice that the Municipality has paid the invoice and indicate check numbers with which the Municipality paid the invoice or provide some other satisfactory audit trail. 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 ap- proved cost allocation plan within forty-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 Municipality by an independent auditing firm employed by the County or by the County Internal Audit Department at any time the County deems necessary to determine if the project is being managed in accordance with Federal, State, and County requirements. SUBCONTRACT~ Any work or services subcontracted hereunder shall be specifically by written contact, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with County, State, and Federal guidelines and regulations must be submitted by the Municipality to HCD and ap- proved by HCD prior to execution of any subcontract hereunder, in addition, all subcontracts shall be sub- ject to Federal, State, and County laws and regulations. -6- City of Boynton Beach (4) (5) benefits, number that justify the will beat cost. that aii consultant contracts and fee schedules meet .the minimum standards as established by the Palm Beach County Engineering Department and U.S. HUD. Contracts for 'architecture, engineering, surve and planni~'shalf fee contr~ Ail additional~ ser%i~~ sH~ll have Prior written approv- al persons performing ~rk ptUs hourly of :~rawings required, "Fixed Fee Contract." categories of rates including and ali items Reimbursables None of the work or services covered by this Agreement, including but not limited to consultant work or servic- es, shall be subcontracted or reimbursed without prior written approval of the HCD Director or his designee. PURCHASING All purchasing for services and goods, including capital~ equipment, shall be made by purchase order or by a writ- ten contract and in conformity with the procedures pre- scribed by the Palm Beach County Purchasing Procedures Manual, as well as Federal Management Circulars A-lO2, The Common Rule, and A-87, incorporated herein by refer- ence. REPORTS, AUDITS, AND EVALUATIONS Payment will ~e contingent on the receipt and approval of reports required by this Agreement, the satisfactory evaluation of the project by HCD and the County and satisfactory audits by the Internal Audit Departments of the County and Federal Government if required. All reports (monthly, biweekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. -7- City of Boynton.'Beach (6) ADDITIONAL HCDi.COUNTY, AND U.$.HUDREQUIREMENT~ HCD shall have the right under thislAgreement to suspend or terminate payments until the Municipality complies with any additional conditions that may be imposed by HCD, the County or U.S. HUD at any time. (7) PRIOR WRITTEN APPROVALS-SUMMARY The following includes but is not limited to activities that require-the prior written approval of the HCD Direc- tor or his designee to be eligible for reimbursement or payment: (a) Initiation of new programs not covered by this Agree- ment; (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 shal~ be reimbursed in accordance with Florida Statutes, Chapter 112.061); (e) All change orders; and (f) Requests to utilize remaining funds should there be a surplus after a bid has been awarded. PROGRAM~GENERATED INCOME All income by the Municipality from activities financed in whole or in part by CDBG funds must be reported to HCD. Such income would include but not be limited to income from service fees, sale of commodities, and rent- al or usage fees. In addition to reporting said income, the Municipality shall report ~o HCD the procedure devel- oped to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Municipality through this Agree- ment, the prior written approval of the HCD Director or his designee will be required. (s) -8- City of Boynton'Beach consistent W~th the lar A-lO2, and other herein by reference. ~ENERAL CONDITIONS and-'.disbursmmentof'p~ogDa~income shall be procedures outlined in OMB Circu- app!~cable regUlations incorporated PARTLY OPPORTUNITIES FOR RESIDENTS:AND CIVIL RIGHTS COMPLIANCE The Municipality agrees that nO person shall on the ground of race, color, nati0nal Origin, religion, or sex be excluded from the benefits of,' or be subjected to discrimination under any activity carried out by the .performance of this Agreement· Upon receipt of evidence of such discrimination, %he County Shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasi- ble 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· OPPORTUNITIES FOR SMALL NESS ENTERPRISES AND MINORITY/WOMEN-OWNED BUSI- In the procurement of supplies, equipment, construction, or services t9 implement this Agreement, the Municipali- ty shall make a positive effort to utilize small busi- ness and minority/women-owned business enterprises of supplies and services, and ~provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minori- ty/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by -9- City of Boynton Beach sary by HCD or this Agreement conclusions. terms of this Palm Beach County ink,the CDBG Final. Statement of-Objec- rives approved by. U.S. HUD. At ~a minimum, the subrecip~ent shall comply with the Section 3 Clause of the Housing andCommunity Development Act of 1968. EVALUATIONANDMONITORING The Municipality agrees that HCD will carry out periodic monitoring and evaluation activities as determined neces- the County and ~hat the continuation of is dependent upon satisfactory evaluation Such evaluations will be based on the Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, and output measures. upon request to HCD, nees and make copies and information as is The Municipality agrees to furnish the County or the County's desig- or transcriptions of such records 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 include: de- tailed information on the status of the project and status of funds; City of Boynton Beach-and if applica- ble, the number of clients served by census tract; the number of low- to moderate-income persons; racial break- down; and the number of female-headed households. In the event that this Agreement should provide funds for capital be responsible information to order to allow Performance Reports. However, this exception apply only to capital improvements activities. improvements projects, the. Municipality shall for providing all necessary and pertinent HCD's Capital Improvements Section in for completion of necessary the Grantee shall -10- City of Boynton Beach '; ~AUDITS !~hN~ I-NSPECT~ONS+ At any tim~?~uring~-hormal business hours and as often as HCD, the County,.~U~S.. HUD, or the Comptroller General of the United.. S~ates may deem necessary, there shall be made U.S. ~all this available by .tige;~M~.nicipa~t~.t~.HCD, the HUD, or the Comptroller ~GeneraI ~or examination of its records with respect to all matters covered by Agreement, The Municipality wil!l permit HCD, the County, U.S. HUD, or the Comptroller General to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment, and other data relating to all matters covered by this Agree- ment. The County reserves the right to.require the Municipali- ty or any of its subcontractors to submit, at the re- quest of the County, to an audit by an auditor of the County's choosing. The cost of said audit shall be borne by the Municipality. The County will be responsi- ble for providing technical assistance to the Municipali- ty, as deemed necessary~ by either party. The Municipali- ty agrees to comply with the provisions of the Single Audit Act of 1984 as it pertains to this Agreement. One copy of such audit shall be transmitted to HCD by the Municipality within thirty (30) days of its completion. DATA BECOMES' COUNTY PROPERTY All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the Municipality for the purpose of this Agreement shall become the property of~ the County wmthout restrict~o reservation, or limita-~ tion of their use and shall be made available by the Municipality 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 -11- City of Boynton .Beach to HCD, if requested. In any event, the Municipality shall keep all documents and records for three (3) years after expiration of this Agreement. INDEMNiFICAT~ON The Municipality shall indemnify harmless from any and all claims, and save the County losses, damages, and causes of actions which may arise out Of' the performance of this Agreement, inc.luding c6sts-and expenses for or on account of any or all suits actual or threatened. The Municipality 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 its performance of this Agreement, and shall pay all costs and judgments which may issue thereon. In particular~ the Municipality will hold the County harm- less and will indemnify the County for funds which the County is obligated to refund the Federal Government arising out of the conduct of activities and administra- tion~of the Municipality. Additionally, the Municipality shall also indemnify and save the County harmless from all violations by the Municipality of Federal, State, and County reqUlations, codes and statutes. The Municipality shall also be held responsible for all claims and losses as a result of said actions and will hold the County.harmless and will indemnify 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 Municipality shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage, and contractual liability to support the Indemnification -12- City of Boynton Beach amount not coverages less...th~n Suck insur&nce~ shall be in an $200,000 combined single limit, and a Cer~bficate of Insur- ance and shall provide for thirty (30) days notice o~~ cancellation, non-renewal o~c~n~dVeT~e,~change in cover-~ age. Palm ~Beach County shall_ be ~ncluded in the cover- age as an additional insured as its interests ma~ appear, MAINTENANCE OF EFFORT The intent and purpose of this'~Agr~ement is to increase the availability of the Municipality'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 activi- ties 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 Municipality agrees to abide by and be governed by Florida Statute ~1~2 (Conflict of Interest) as amended which is incorporated herein by reference. The Munici- pality further covenants that no person who presently exercises any functions or responsibilities in connec- tion with the CDBG Project, has any personal financial interest, direct or indirect, in the target areas Or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict-of interest shall be em- ployed by or subcontracted by the Municipality. Any possible conflict of interest on the part of the Munici- pality or its employees shall be disclosed in writing to HCD provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably -13- City of BoyntOn Beach 10. 11. impede the statutory requirement that maximum opportuni- ty be provided for employment of and participation of low and moderate-income residents of the project target area. CITIZEN PARTICIPATION The Municipality Shall cooperate'with HCD the appropriate CDBG Citizen Participation 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, brochures or press releases describing projects or programs, the Municipality shall in informing Structures, clearly state 1) the percentage of the total cost of the project, which will be financed with funds obtained through HCD and the dollar amount of f-unds obtained through HCD for the project. CONTRACT DOC%~ENTS The following documents are herein incorporated by refer- ence and made a part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length here- (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 City of Boynton Beach 12. 11625, 11246= -and the Davis Bacon Act (6) Grantee Performance ~Repor% Form 4949.2 (7) Palm Beach County Purchasing Procedures Manual (8) Federal Communit~ tiqns (24 C~R park 570)~: ~a~ ~e~ded HCD-0-207 Ail of these documents are and Procedures Memorandum filed and will be maintained at the Business Office of HCD. One copy of the contract documents will be furnished 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 of the following, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the Mun%cipality with 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 liability to the County for damages sus- tained by the County by virtue of any 6reach of the con- tract by the Municipality, and the County may withhold any payment to the Municipality for the purposes of set- off until such time as the exact amount of damages due to the County from the Municipality.is determined. A. Termination or Suspension of Payments of Contract~ for Cause If through fulfill in under this any cause the Municipality shall fail to timely and proper manner its obligations Agreement, or if the Municipality shall violate any of the covenants, agreements, or stipula- tions of this Agreement, the County shall thereupon -15- City of Boynton Beach have~ the~ right to terminate this Agreement or pend payments in whole or part by notice to the Municipali%y of such suspension of payments and specify sus- giving written termination or 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 condi- tion precedent to resumption of payments and shall specify a reasonable date for compliance. Suffi- cient cause for suspension Of payments shall in- clude, but not be limited to: (1) Ineffective or improper use of CDBG funds; (2) Failure to comply with the work program or terms of -this Agreement; (3) Failure to submit reports as required; and (4) Submittal of materially incorrect or incomplete reports. Termination for Convenience of County: The CoUnty may terminate this Agreement without cause at any time by giving at least ten (10) work- ing days notice in writing from the County to the Municipality. If this Agreement 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 Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agree- ment shall be suspended or terminated effective on the date the U.S. HUD specifies. City of~ Boynton -Beach Co Terminatio~ forConvenience'of~.the MuniciDality At ~any time during.~ the term of this Agreement, the MUnicipal~lty m~ay, at its option and for any reason, Municipality shall be paid~.~for pursuant to this Agre. emen~- through and date .of ~termination. subject-'to the Paragraph"B" above. 13.. SEVERABILITY. OFPROVtSIONS- 14. services rendered including the conditions of If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected there- by if such remainder would then continue to conform to the terms and requirements of applicable law. 15. AMENDMENTS The County may, at its discretion, amend .this Agreement to conform with changes in Federal, State, County, or amendments a part of al of the IIUD guidelines, directives, and objectives. Such shall be i~orporated by written amendment as this Agreement and shall be subject to approv- Palm Beach County Board of County Commission- ers~ ~Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party un- less in writing, approved by the Board of County Commis- sioners and signed by.both parties. NOTICE Ail notice required to be given under this Agreement shall be sufficient when delivered to HCD at its office at 801 Evernia Street, West Palm Beach, Florida 33401 and to the Municipali'ty when delivered to its office at_~_ the address listed on Page One (1) of this Agreement. -17- City of Boynton Beach 16. The Municipality agrees that, in all matters relating to this Agreement, it will be acting as-an independent agent and that its employees are not Palm Beach County employees and are not subject to the County provisions of the law applicable to County employees-relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. 17. NO FORFEITURE The rights of the County under this Agreement shall be cumulative and failure on the part of the County to exer- cise promptly any rights given hereunder shall not oper- ate to forfeit or. waive any of the said rights. 18. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty (20) enumerated pages and the exhibits referenced herein, shall be exe- cuted in five (5) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. 19. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agree- ments, if any, between the parties hereto and consti- hereby tutes the entire acknowledge understanding. The parties -18- City of Boynton Beach there have been. and that ties, covenants, or undertakings pressly set forth herein. WITNESS our Hands and Seals on th~s are no.representations, warran- other than those ex- day of , 1991. Approved as to Form and Legal Sufficiency: PALM BEACH~COUNTY, BY ITS BOARD OF COUNTY COMMISSIONERS BY: Tammy Fields Assistant County Attorney Palm Beach County ;T: BY: BY: John B. Dunkle, Clerk Board of County Commissioners Palm Beach County BY: Chair, Palm Beach County Board. of County Commissioners Sue Kruse, City Clerk Gene Moore, Mayor City Council BY: James Cherof Attorney for Municipality (Signature Optional) (COUNTY SEAL) (CITY SEAL) REF:AGRBB3.91/CI -19- City Bo )n Beach Daqe 22 REQUISITIONS FOR PAYHENT UNDER CO.UNITY DEVELOPHENT ACT BLOCK Fro~: Request for alment # * !Report e. Dart Project Invoice Date of ---~..__J[~ Invo$ce Descr! tion . A=o~ Total Request By Titl, Dat~ ~ p~oJect on Separate foz~.