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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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~.