R22-131 1 RESOLUTION R22-131
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN SUB
5 RECIPIENT AGREEMENTS FOR THE COMMUNITY
6 DEVELOPMENT BLOCK GRANT (CDBG), AS ADOPTED IN THE
7 CDBG FY 2022 ONE YEAR ANNUAL ACTION PLAN, AS ADOPTED
8 IN RESOLUTION R22-100; AND PROVIDING AN EFFECTIVE
9 DATE.
10
11 WHEREAS, local nonprofit service providers of CDBG eligible services and programs to
12 benefit low-to-moderate income residents of the City of Boynton Beach have submitted grant
13 applications requesting funds to assist in the delivery of their services; and
14 WHEREAS, The CDBG Program's purpose is to assist the City of Boynton Beach meet
15 the needs of its lower income residents; and
16 WHEREAS, City Staff is recommending to enter into Agreements with two qualified
17 sub-recipients,who have previously submitted all necessary documentation required,including
18 budgets, scopes of services, and timelines for performance.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
20 BOYNTON BEACH, FLORIDA, THAT:
21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption
23 hereof.
24 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
25 authorize the Mayor to sign Agreements between the City of Boynton Beach, Florida and sub-
26 recipients, as follows:
27 1. Alzheimer's Community Care, Inc. $ 25,000.00
S:\CA\RESO\Agreements\Grants\CDI3G-SubRecipient Agreements(2022)-Reso.docx
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28 2. Pathways to Prosperity, Inc. $ 55, 000.00
29 TOTAL SUB-RECIPIENT FUNDING $ 80,000.00
30
31 Section 3. This Resolution will become effective immediately upon passage.
32 PASSED AND ADOPTED thia2fday of September, 2022.
33 CITY OF BOYNTON BEACH, FLORIDA
34
35 YES NO
36 7
37 Mayor-Ty Penserga
38 1Z-
39 Vice Mayor-Angela Cruz
40
41 Commissioner-Woodrow L. Hay
42 V
43 Commissioner-Thomas Turkin
44
45 Commissioner-Aimee Kelley
46
47 VOTE
48
49
50
5 •
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54 Maylee De -.Us, MPA, C Ty •��-
55 City Clerk Mayor
56 :00TON e‘x
57 ;� ovourf•;9;'t� APP•�. , • AS • Fs �;-��.
58 (Corporate Se.:,2;/,A', •� . '�
59 °Rp,�fA:
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60 Michael D. Cirullo,Jr.
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61 City Attorney
62 FLORA=
63
S:1CA\RESO\Agreements\Grants\CDBG-SubRecipient Agreements(2022)-Reso.docx
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CITY OF BOA NTORBEACH
Ug
ALZHEIMER'S COMMUNITY CARE,INC,
THIS AGREEMENT entered into this Z ' day of Sep to .w
between the CITY OF BOYNTON BEACH,a Florida municipal corporation,hereinafter referred
to as'CITY; and ALZHEIMER'S COMMUNITY CARE, INC. hereinafter referred to as 'the
SUBRECIPIENT," having its principal office at 800 Northpoint Parkway,Suite 101-B West Palm
Beach,Ft 33407 and Its Federal Tax Identification Number as 31-1481653,
WITNESSETH:
WHEREAS,the CITY has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD)for a grant for the execution and implementation of a
Conrrntnity Development Block(CDBO)Program In the City, pursuant to Title I of the Housing
and Community Development Act of 1974(es amended);and
WHEREAS, the CITY desires to engage the SUBRECIPIENT to Implement an
activity of the Boynton Beach CDBG Program;
NOW, THEREFORE, In consideration of the mutual promises and covenants
contained herein,the parties hereto agree as follows:
ARTICLE
DEFINITION AND PURPOSE
1. Definitions
1.1 "CDBG"means Community Development Block Grant program.
1.2 "HUD'means the U.S.Department of Housing and Urban Development
1.3 "OMB"means the Federal Office of Management and Budget.
1.4 "CFR"means the Code of Federal Regulations.
1.5 "2 CFR'refers to the Section of the Code of Federal Regulations pertaining to Grants
and Agreements
1.8 "24 CFR"refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Department of HUD.
1.7 124 CFR Part 570"refers to the Section of the Code of Federal Regulations pertaining to
the U.S. Department of HUD.
1.8 'Program Income means gross income received directly generated or earned from the
use of CDBG funds. Program Income includes,but Is not limited to,Interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.9 'Low and Moderate-Income'means a household whose Income is within specified
income limits set forth by HUD.
1.10 Property:
a. "Real Property means land, land improvements,structures,fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. 'Personal Property'means personal property of any kind except real property.
c. 'Nanexpendable Personal Property'means tangible(I.e., physical)personal property
of a non-consumable nature,with a value of$500 or more per item,with a normal
expected ilfe of one or more years, not fixed in place, and not an Integral part of a
structure,facility ar another piece of equipment.
d. "Expendable Personal Property'means all tangible personal property other than
nonexpendable property.
2 Euroose
The purpose of this Agreement is to state the covenants and conditions under which the
SUBRECiPIENT wAl implement the Statement of Work set forth In Article II of this agreement.
ARTICLE II
FUNQING AND BUDGET
The maximum amount payable by the CITY under this Agreement will be Twenty-Five Thousand
Dollars and 00/100(825.000.00). The SUBRECiPIENT shall carry out the activities specified in
Attachment A,'Scope of Services
ARTICLE Ill
FUNDING AND METHOD OF PAYMENT
3.1 The maximum amount payable by the CITY under this Agreement will be Twenty-Fire
Thousand Dolars and 00/100($25.000.00). It Is expressly understood and agreed by the
Parties that the funds contemplated by this Agreement originated from the federal CDBG
Program,the services provided with this funding will be to serve low-to-moderate income
(LMI) individuals that are 80% or below the area median income (AMI). A signed and
dated household income certification form or proof of income (e.g. pay stubs,retirement
benefits,etc.)from Individuals served,Is required to be kept In individual's file.Funds are
subject to HUD's approval of the CITY's CDBG FY2022 Annual Action Plan and
reimbursements approved and funded through HUD's integrated Disbursement and
Information System(IDIS).The SUBRECIPIENT agrees to reimburse the CITY in full all
funds remitted to the SUBRECiPIENT if ail the conditions under this Agreement are not
met
3.2 The CITY wit be invoiced by the SUBRECIPIENT for eligible expenses on a
reimbursement basis,and will disburse payments at least once per quarter(January 15,
2023, April 15, 2023, July 15, 2023, and October 15, 2023)or unless there is a mutual
agreement otherwise.
3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete
reports and records required by this Agreement
3.3 Prior to receipt of Community Development Block Program funds (through
reimbursement),SUBRECIPIENT shall submit the following documentation:
a. Quarterly Progress Reports (due on January 15, 2023, April 15, 2023, July 15,
2023,and October 15,2023).
b. Ai beck up original documentation relating to the expenditures being requested.
3.4 Release of funds is subject to the approval of the Director of Financial Services and
Community Improvement Manager.
ARTICLE IV
TERM OF AGREEMENT
The term of this agreement shall be from October 1,2022 to September 30,2023.
ARTICLE V
SUSPENSION AND TERMINATION
5.1 Termination/Suspension of Payments/Agreement for Cause: ff through any cause either
party shall fall to fulfill in timely and proper manner Its obligations under this Agreement,
or If either party shall violate any of the covenants, agreements, or stipulations of this
Agreement, either party shall thereupon have the right to terminate this Agreement or
suspend payments in whole or in part by giving written notice of such termination or
suspension of payments and specify the effective date of termination or suspension.
if payments are withheld,the CITY shall specify in writing the actions that must be taken
by the SUBRECIPIENT as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of payments
shall include,but not be limited to:
a. Ineffective or improper use of CDBG funds,
b.failure to comply with the Statement of Work or terms of this Agreement,
c.failure to submit reports as required,
d.submittal of materially incorrect or Incomplete reports,
e. failure to comply with the CDBG subrecipient policies end procedures and any
additional conditions that may be imposed by HUD.
5.2 Termination for Convenience of City The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days' notice in writing to the
SUBRECIPIENT. if this Agreement is terminated by the CITY as provided herein, the
SUBRECIPIENT MI be paid for allowable services performed under Article II of this
Agreement until the effective date of the termination.
5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this
Agreement, the SUBRECIPIENT may, at Its option and for any reason, terminate this
Agreement upon ten(10)woridng days written notice to the CITY. Upon termination,the
SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through
and including the date of termination.
ARTICLE Vi
RECO • AND REPORTS
6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities
funded by this Agreement fora period of five years after the termination of the Agreement.
6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later
be determined necessary to assure compliance with this Agreement,including Individuals
income certification documentation,low-to moderate iraome(LMI)individual's application
for services, etc.
ARTICLE VII
PROGRAM INCOME
The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this
Agreement. It is not anticipated that program income shall be generated from this allocation.
However,such Income,If generated,may be retained by the SUBRECIPIENT and used for costs
that are In addition to the approved costs of this agreement,provided that such costs specifically
further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use
program income to pay for charges or expenses that are specifically not allowed pursuant to the
terms of this agreement and applicable federal regulations or rules. The use of program income
by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504.
ARTICLE VIII
PUBLICITY
The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDBG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT
shall comply with requirements established by the Federal Office of Management
and Budget(OMB)concerning Bradstreet Data Universal Numbering System
(DUNS), Unique Entity identifier(UEI),and System for Award Management
(SAM)database, as set forth on 2 CFR Part 2, and the Federal Funding
Accountability and Transparency Act. (FFATA)As set forth at 2 CFR Part 170.
9.2 Federal.State.County and CiTY Laws and Regulations: The SUBRECIPIENT shalt
comply with applicable provisions of applicable federal,state,County,and CITY laws,
regulations and rules, Including OMB A-122,OMB A-21,OMB A-133.
The SUBRECiPIENT shall comply with Section 604 of the Rehabilitation Act of 1973,as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Apt of 1964,as amended,which prohibits discrimination on the basis of race,color,
or national origin; the Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age;Title VIII of the Civil Rights Act of 1968, as amended,
and Executive Order 11063 which prohibits discrimination in housing on the basis of race,
color,religion,sex,or national origin;Executive Order 11248,as amended which requires
equal employment opportunity; and with the Energy Policy,amended and Conservation
Act(Pub.L 94163)which requires mandatory standards and policies relating to energy
efficiency.
The SUBRECIPiENT shall report its compliance with Section 504 of the RehabWtation Act
• whenever so requested by the CITY. The SUBRECIPiENT shall comply with all applicable
requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not
limited to, thoseprovisions pertaining to employment, program services, transportation,
communications,access to facilities, renovations,and new construction.
9.3 Other Program Reaulrements:The SUBRECIPIENT shall comply with all federal laws and
regulations pertaining to environmental standards described in 24 CFR Subpart K,except
that
a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities
described at 870.604,and
b. The SUBRECIPiENT does not assume the CiTY`s responsibility for initiating the
review process under the provisions of 24 CFR part 52.
9.4 Opportunities for Residents and Civil Rights Corpg$ance;The SUBRECIPIENT agrees
that no person shall on the grounds of race, color, national origin, religion, or sex be
excluded from the benefits of,or be subjected to,discrimination under any activity carried
out by the performance of this Agreement To the greatest feasible extent,lower-income
residents of the project areas shall be given opportunities for training and employment;
and to the greatest feasible extent, eligible business concerns located in or owned In
substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
9.5 Evaluation and Monitoring; The SUBRECIPIENT agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation and/or renewal of this Agreement is dependent upon satisfactory y evaluation
conclusions. Such evaluations will be based on the terms of this Agreement,comparisons
of planned versus actual progress relating to activity scheduling, budgets, audit reports,
and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY
and make copies of transcriptions of such records and information as Is determined
necessary by the CITY. The SUBRECiPIENT shall submit on a schedule set by the CiTY
and at other times upon request, information and status reports required by the CITY to
enable the evaluation of said progress and to allow for completion of reports required of
the CITY by HUD. The SUBRECIPIENT shall allow the CiTY or HUD to monitor Its agency
on site. Such site visits may be scheduled or unscheduled as determined by the CITY or
HUD.
9.6 Audits Nonprofit organizations that expend$750,000 or more annually in federal awards
shall have a single or program specific is audit conducted accordance with OMB A-133.
Nonprofit organizations that expend less than$750,000 annually in federal awards shall
be exempt from an audit conducted in accordance with OMB A-133,although their records
must be available for review. These agencies are required by the CITY to submit"reduced
scope"audits (e.g.,financial audits, performance audits). Each audit shall cover a time
period of not more than 12 months and an audit shall be submitted covering each assisted
period until an the assistance received from this agreement has been reported on. A copy
of the audit report must be received by the CITY no later than six months following each
audit period.
The SUBRECIPIENT shall maintain all records In accordance with generally accepted
accounting principles, procedures, and practices which ahai sufficiently and property
reflect aN revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement.
9.7 Uniform Admktistrative R mepte: The SUBRECIPIENT agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and property reflect all expenditures of funds provided by the CiTY under this
Agreement. The SUBRECIPIENT Is required to comply with the following uniform
administrative requirements:
a. Specific provisions of the uniform administrative requirements of OMB Circular A-110,
as Implemented at 24 CFR Part 84,'Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education,Hospitals and Other Non-Profit
Organizations."
b. OMB Circular A-122"Cost Principles for Non-Profit Organizations'
c. Applicable provisions of 24 CFR 570.502.
9.8 i.obbvina Prohiottion:The SUBRECIPIENT shall certify that no federal appropriated funds
have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any agency,a Member of
Congress,an officer or employee of Congress,or an employee of a Member of Congress
In connection with the awarding d any federal Agreement,the making of any federal grant,
the making of any federal loan, the entering into of any cooperative Agreement, and the
extension,continuation,renewal,amendment,or modification of any federal Agreement,
grant,loan,or cooperative Agreement.
The SUBRECIPIENT shall disclose to the CiTY if any funds other than federal
appropriated funds have been paid or mil be paid to any person for Influencing or
attempting to influence an officer or employee of any agency,a Member of Congress,an
officer or employee of Congress,or an employee of a Member of Congress in connection
with this federal Agreement.
9.9 Section 3 RReaulrements: The SUBRECIPIENT agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement information on
Section 3 Is available from the CITY upon request.The SUBRECIPIENT shall include the
following, referred to as the Section 3 Clause,in every solicitation and every contract for
every Section 3 covered project
Section 3 Claus
a. The work to be performed under this agreement Is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C.
1701 (Section 3). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD-assisted projects
covered by Section 3,shall to the greatest extent feasible,be directed to low-and very
1
low-income persons, particularly persons who are recipients of HUD assistance for
ung.
b. The parties to this agreement agree to comply with HUD's requirements In 24 CFR
Part 135, which Implement Section 3. As evidenced by their execution of this
agreement,the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying with the Part 135
regulations.
c. The SUBRECIPIENT agrees to send to each labor organization or representative of
workers with which the SUBRECIPIENT has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the SUBRECIPIENT's commitment under this Section 3 clause,and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice,
The notice shag describe the Section 3 preference, shalt set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each,and the name and location of the person(s)taking applications
for each of the positions,and the anticipated date the work shall begin.
d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Pail 135, and agrees to take
appropriate action,as provided in an applicable provision of the subcontract or in this
Section 3 clause,upon a finding that the subcontractor is in violation of the regulations
in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor
where the SUBRECIPIENT has notice or knowledge that the subcontractor has been
found in violation of the regulations in 24 CFR Part 135.
e. The SUBRECIPiENT will certify that any vacant employment positions, Including
training positions,that are Riled (1) after the SUBRECIPIENT is selected but before
the contract ct is executed and(2)with persons other than those to whom the regulations
of 24 CFR Part 135 require employment opportunities to be directed,were not filled to
circumvent the SUBRECIPIENTa obligations under 24 CFR Part 135.
f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default,and debarment or suspension from future HUD
assisted contracts.
9.10 Insurance;The SUBRECiPIENT shal furnish to the CITY,general liability certificate(s)
of Insurance evidencing current coverage that meets City's insurance requirements.City's
insurance requirements can be found at:hues://www.bovnton-
beach.orcfoatheraurdfdtatherauard-iiabIlitvhnsurar e-aroorarrt
9.11 Prooertyr, Any real property under the SUBRECiPIENTs control that was acquired or
improved In whole or in part with CDBO funds received from the CITY In excess of$25,000
shall be either:
a. Used to meet one of the three CDBG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement,or for such longer period of time as determined by the CITY;or
b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall
pay to the CITY an amount equal to the market value of the property as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non-CDBG funds for acquisition of,or Improvement to, the property.
Reimbursement is not required after the period of time specified In Paragraph 9.9.a.,
above.
Any real property under the SUBRECIPIENT's control that was acquired or improved In
whole or in part with CDBG funds from the CITY for 525,000 or less shall be disposed of,
at the expiration or termination of this contract, in accordance with instructions from the
CITY.
All real property purchased In whole or In part with funds from this and previous
agreements with the CITY,or transferred to the SUBRECIPIENT after being purchased in
whole or in part with funds from the CITY, shall be listed In the property records of the
SUBRECiPiENT and shall indude a legal description, size, date of acquisition, value at
time of acquisition,present market value, present condition,address or location, owner's
name If different from the SUBRECIPIENT, information on the transfer or disposition of
the property,and map. The property records shall describe the programmatic purpose for
which the property was acquired and identify the CDBG national objective that will be met.
If the property was improved, the records shall describe the programmatic purpose for
which the Improvements were made and identify the CDBG national objective that will be
met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
SUBRECIPIENT and shall include a description of the property,location,model number,
manufacturer's serial number, date of acquisition,funding source, unit cost at the time of
acquisition,present market value,property inventory number,information on its condition,
and information on transfer, replacement,or disposition of the property.
The SUBRECiPIENT shall obtain prior written approval from the CITY for the disposition
of real property, expendable personal property, and nonexpendable personal property
purchased In whole or in part with funds given to the SUBRECIPIENT pursuant to the
terms of this agreement. The SUBRECiPIENT shall dispose of all such property in
accordance with insfirdions from the CITY. Those instructions may require the return of
all such property to the CITY.
9.12 Reversion of Assets; The SUBRECIPIENT shall return to the CITY, upon expiration or
termination of this Agreement,all the assets owned or held as a result of this Agreement,
including, but not kmlted to any funds on hand, any accounts receivable attributable to
these funds, mortgages. notes, and other collateral and any overpayments due to
unearned funds or costs disallowed pursuant to the terms of this Agreement that were
disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days
of expiration or termination of this Agreement execute any and ant documents as required
by the CITY to effectuate the reversion of assets. Any funds not earned,as described and
provided for In OMB A-122, by the SUBRECIPIENT prior to the expiration or termination
of this Agreement shall be retained by the CITY.
9.13 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation,only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted If
motion is impossible. However,the obligations under this agreement, as modified,
shall continue and el other provisions of this agreement shall remain In full force and
effete.
9,14 Renegotiation or Modification; Modlficatlons of provisions of the agreement shall be valid
only when in writing end signed by duly authorized representatives of each party. The
parties agree to renegotiate this agreement tithe CITY determines,In its sole and absolute
discretion,that federal,State and/or CITY revisions of any applicable laws or regulations,
or increases or decreases in budget allocations make changes In this agreement
necessary.
9.15 Right to Waive; The CITY may,for good and sufficient cause,as determined by the CITY
in its sole and absolute discretion, waive provisions in this agreement or seek to obtain
such waiver from the appropriate authority. Waterer requests from the SUBRECIPIENT
shall be in writing. Any waiver shall not be construed to be a modif cation of this
agreement.
9.16 pisoytes; In the event an unresolved dispute exists between the SUBRECiPIENT and the
CITY,the CITY shall refer the questions, including the views of all interested parties and
the recommendation of the CITY, to the City Manager for determination. The City
Manager, or an authorized representative, will Issue a determinatioon within 30 calendar
days of receipt and so advise the CITY and the SUBRECIPIENT,or in the event additional
time is necessary,the CITY will notify the SUBRECIPIENt within the 30 day period that
additional time is necessary. The SUBRECIPIENT agrees that the City Manager's
determination shall be final and binding on ail parties.
9.17 Indemnification:
SUBRECIPiENT shaft at all times hereafter indemnify, hold harmless and, at the City Attorney's
option, defend or pay for an attorney selected by the City Attorney to defend CITY, Its officers,
agents,servants,and employees from and against any and all causes of action,demands,Claims.
losses, Iiabftittes, and expenditures of any kind, including attorney fees, court costs, and
expenses, caused or alleged to be caused by any intentional, negligent, or recldess ad of, or
omission of.SUBRECiPIENT, its employees, agents,servants,or officers,or accruing,resulting
from,or related to the subject matter of this Agreement, inducting,without limitation, any and all
claims,losses, liabilities,expenditures, demands,or causes of action of any nature whatsoever
resulting from injuries or damages sustained by any person or property. In the event any lawsuit
or other proceeding Is brought against CITY by reason of any such claim, cause of action, or
demand,SUBRECIPIENT shall,upon written notice from CITY,resist and defend such lawsuit or
proceeding
theAttorney defend iTY. The obligations of this sectionshhalil selected expiration
piratio or
earlier termination of this Agreement. To the extent considered necessary by CITY, any sums
due to SUBRECiPIENT under this Agreement may be retained by CITY until all of CiTY's claims
for indemnification pursuant to this Agreement have been settled or otherwise resolved;and any
amount withheld shall not be subject to payment of Interest by CiTY.
If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shell, by written contract, require its
subcontractors to agree to the requirements and obligations of this Section 9.15.
9.18 eubpc.RQcords:
SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119,
Florida Statutes. In accordance with state law,SUBRECiPIENT agrees to:
a) Keep and maintain pubic records required by the CiTY to perform the
service.
b) Upon request from the CITY's custodian of public records,provide the CITY with
a copy of the requested records or atlow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the coat provided in
Chapter 119.Florida Statutes,or as otherwise provided by law.
c) Ensure that public records that are exempt ort that are cordidential and exempt from
public record disclosure requkernerds are not disclosed except as authorized by
law for ihe duration of the contract term and,following completion of the Agreement
if the SUBRECIPIENT does not transfer the records to the CITY.
d) Upon completion of the contract,transfer,at no cost,to the CITY all public records
in possession of the SUBRECIPIENT or keep and maintain public records required
by the CITY to perform the service. If the SUBRECIPiENT transfers all public
records to the CRY upon completion of the contract,SUBRECIPIENT shell destroy
any public records that are exempt or confidential and exempt from public
records disclosure requirements.
e) If Bre SUBRECIPIENT keeps and maintains public records upon completion of the
contract,the SUBRECIPIENT shall meet all applicable requkements for retaining
public records.All records stored electronically by the SUBRECiPTENT nest be
provided to the CiTY,upon request torn the CITY's custodian of public records,in
a format that is compatible with the informaifon technology systems of the CITY.
The failure of the SLMRECIPIENT to comply with the provisions set forth In the Agreemerd
shall constitute a Default and Breach of the Agreement,for which,the CiTY may
terminate the Agreement.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY CLERK
POBOX 310
BOYNTON BEACH,FLORIDA,33425
501-742-6061
GfYCLERKOBBFL.VS
9.19 Sc ruNMrad Companies:
By execution of this Addendum,the SUBRECIPIENT certifies Matins not participating in a boycott
of Israel. The SUBRECIPIENT further certifies that It is not on the Scrutinized Companies that
Boycott Israel list,not on the Scrutinized Companies with Activities in Sudan List,and not on the
Scndlnbod Companies with Adlvltles In the ken Petroieum Energy Sector List, nor has the
SUBRECIPIENT been engaged in business operations in Syria. Subject to limited exceptions
provided in state taw,the CITY will not contract for the provision of goods or services with any
scrutinized company referred to above. Failure to comply shall be deemed a materiel breach of
contract.The CITY situp provide notioe,in writing,to SUBRECIPIENT of the CITY's determination
of failure to comply.The SUBRECIPIENT shall have five(5)days from receipt of notice to refute
such allegation. If such false certification is discovered during the active contract term, the
SUBRECIPIENT shall have ninety (90) days following receipt of the notice to respond. If the
SUBRECIPIENT does not demonstrate that the CITY's determination of false certification was
made in error then the CITY shall have the right to terminate the contract and seek civil remedies
pursuant to Section 287.135,Florida Statutes,as emended from time to time.
920 r--Verify:
The SUBRECIPIENT certifies that It is aware of and complies with the requirements of Section
448.095, Florida Statues, as may be amended from time to time and briefly described herein
below.
a. Definitions for this Section.
i. "Contractor' means a person or entity that has entered or Is attempting to
enter into a contract with a public employer to provide labor, supplies, or services
to such employer in exchange for salary, wages, or other remuneration.
'Contractor"Includes, but Is not limited to,a vendor or consultant
II. 'Subcontractor" means a person or entity that provides labor, supplies, or
services to or for a contractor or another subcontractor in exchange for salary,
wages,or other remuneration.
III. 'E-Vettfy system' means an Internet-based system operated by the United
States Department of Homeland Security that allows pertidpating employers to
electronically verify the employment eligibility of newly hired employees.
b. Realstration Reouiremen:Termination.
Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors,
shall register with and use the E-vertfy system in order to verify the work authorization
status of all newly hired employees. Contractor shall register for and utilize the U.S.
Department of Homeland Security's E-VedIy System to verify the employment eligibility
of:
I. Al persona employed by a Contractor to perform employment duties during
the term of the contract
Ii. All persons (inducting subvendors / subconsultants/ subcontractors)
assigned by Contractor to perform work pursuant to the contract with the City of
Boynton Beach. The Contractor acknowledges and agrees that registration and
use of the U.S. Department of Homeland Security's E-Verify System during the
term of the contract Is a condition of the contract with the City of Boynton Beach;
and
Hi. The Contractor shall comply with the provisions of Section 448.095, Flo.
Stat.°Employment Eligibility;as amended from time to time.This includes,but is
not limited to registration and utilization of the E-Vertfy System to verify the work
authortzation status of all newly hired employees.Contractor shall also require all
subcontractors to provide an affidavit attesting that the subcontractor does not
employ,contract with, or subcontract with,an unauthorized alien.The Contractor
shall maintain a copy of such affidavit for the duration of the contract. Failure to
comply will lead to termination of this Contract, or if a subcontractor knowingly
violates the statute, the subcontract must be terminated immediately. Any
challenge to termination under this provision must be filed in the Circuit Court no
later than twenty(20)calendar days after the date of termination. Termination of
this Contract under this Section is not a breach of contract and may not be
considered as such. If this contract is terminated for a violation of the statute by
the Contractor,the Contractor may not be awarded a public contract for a period
of one(1)year after the date of termination.
9.21 Jsoec#or General:
SUBRECIPIENT Is aware that the inspector General of Palm Beach County has the
authority to Investigate and audit matters relating to the negotiation and performance of
this Agreement, and may demand and obtain records and testimony from
SUBRECIPIENT. SUBRECIPIENT understands and agrees that In addition to all other
remedies and consequences provided by law, the failure of SUBRECIPIENT to fully
cooperate with the Inspector General when requested may be deemed by the CITY to be
a material breach of this Agreement.
IN WITNE OF THE FOREGOING,the parties have set their hands and seals on this 0,14
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day of �f ,20.a.
WITNESSES:
/dja P WA.E J By: i
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STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me thisag.day of G, 006V2p--�,���
by /1/�. ke\ - .
Personally Known OR Produced IdentificationType of Identification Produced
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City Attorney
ATTACHMENT A
Scope of Services
Agency:Alzheimer's Community Caro,Inc.
Project Family Nurse Navigator Program
Scope of work:
The Family Nurse Navigator(FNN,formerly Family Nurse ConsuttantlFNC)program is
the portal through which families access dementia-specific services and resources and
Is an essential component of a comprehensive, family-centered model of care for
caregivers and patients living with Alzheimer's Disease (AD). FNNs, licensed nurses
with specialized dementia-specific training, provide interventions and dementia-specific
care for both the patient and the caregiver.The FNNs work directly with caregivers and
patients, providing emotional support, disease education, practical guidance, and
connections to community resources throughout ail stages of the disease.
FNNs are responsible for a wide variety of tasks that include staffing our 24-Hour
Alzheimer's Crisis Line, conducting home visits, completing comprehensive
patient/caregiver assessments,developing and providing care plans to maintain patient
safety and caregiver wellbeing, educating and training caregivers, consulting with
patient's physicians, facilitating Caregiver Support Groups, and providing ongoing
interventions and assessments throughout all stages of the disease.FNNs also provide
support for the growing number of Alzheimer's patients in our community who are living
alone,and lead Caregiver Support Groups for professional guidance and peer support.
Additionally, FNNs provide ID Locator Program support for those patients that are at
risk of wandering,maintaining dose contact with local law enforcement in the event of
an elopement.
When Alzheimer's strikes, families are thrust into the role of caregiver with no training
and minimal understanding of the disease. They are overwhelmed and often
depressed.The guidance and support of the FNN Program ensures that every family
has a trusted guide to help them navigate the disease. FNNs monitor patients and
caregivers regularly, updating individualized care plans as indicated throughout the
different stages of the disease progression. FNNs remain with the patient and family
throughout the Illness; they speak with medical expertise and listen with compassion.
The combination of the services provided by FNNs help caregivers to keep their loved
one with Alzheimer's In the home with safety and dignity, thereby delaying or avoiding
costly nursing home placement.
CDBG funde_will be used for:
CDBG funds will be used to partially pay for the salary for one Family Nurse Navigator
who provides services in Boynton Beach.
Alzheimer's Community Care
CDBG FY2022-Family Nurse Navigator Program
PROJECT BUDGET
Line item �.._ - CMG Applicant's Other Total
Funds Match Project Project
Requested Funds Bucklet
ADMINISTRATION:
Fxeraonnel -$23,IRR).0d, $2$,641.04 U55�.00 5812,140.00
Payroll Taxes $48 546,829.00
EmployeeBenefiits510345.00 $103,645.'00
Office Supplies $4,290.00 ,
Copy Supplies - - 5886.00 -mina
os �"-- $234.00' 3234.00
Telephone 5W426.0iT 114;428:00
ass ona 5 .
VehTde _ ' $107,519.0(1 5107,519.00
Fuel/Mileage/Insurance
-PROGRAM:
Acquisition
Reconstruction _ ,__ —�.Rehabilitation _.��s
Installation
-mer.
TOTALS $25,000.00 $29,641.00 $833,588.00 ;889,889.01
COMMUNITY DEVELOPMENT BLOCK GRANTAGREEMENT
Between
CITY OF BOYNTON BEACH
Ansi
PATHWAYS TO PROSPERITY„INC.
THIS AGREEMENT entered into this .' day of N L, 2012.is
between the CITY OF BOYNTON BEACH,a Florida municipal corpora ,hereinafter referred
to as 'CITY,' and PATHWAYS TO PROSPERITY, INC. hereinafter referred to as "the
SUBRECIPIENT,' having Its principal office at 639 East Ocean Avenue, Suite 101 Boynton
Beach, Florida 33435 and Its Federal Tax Identification Number as n-3550271,
WITNESSETH:
WHEREAS, the CITY has entered Into an Agreement with the U.S. Depart of
Housing and Urban Development(HUD)for a grant for the execution and implementation of a
ComCommumunity Deveopmo� Block (CDBG) Program in the City, pursuant to Title I of the Housing
and �y Development Act of 1974(as amended);and
WHETS, the CITY desires to engage the SUBRECIPIENT to Implement an
activity of the Boynton Beach CDBG Program;
NOW, THEREFORE, In consideration of the mutual promises and covenants
contained herein,the parties hereto agree as follows:
ARTICLE I
DEFINITION AND PURPOSE
1. Definitions
1.1 'CDBG'means Community Development Block Grant program.
1.2 "HUD'means the U.S.Department of Housing and Urban Development.
1.3 'OMB'means the Federal Office of Management and Budget.
1.4 'CFR"means the Code of Federal Regulations.
1.5 '2 CFR'refers to the Section of the Code of Federal Regulations pertaining to Grants
and Agreements
1.6 624 CFR-refers to the Section of the Code of Federal Regulations pertaining to the U.S.
Department of HUD.
1.7 '24 CFR Part 570'refers to the Section of the Code of Federal Regulations pertaining to
the U. S. Department of HUD.
4
1.8 "Program Income'means gross income received directly generated or earned from the
use of CDBG funds. Program Income includes, but is not limited to, Interest earned on
advances of federal funds or royalties received as a result of patents or copyrights
produced under this grant.
1.9 'Low-and Moderate-Income"means a household whose Income is within specified
income limits set forth by HUD.
1.10 Property:
a. "Real Property'means land,land Improvements,structures,fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. "Personal Property'means personal property of any kind except real property.
c. "Nonexpendabie Personal Property'means tangible(i.e.,physical)pial ro
pert
of a non-consumable nature,with a value of$500 or more per item, PY
expected life of one or more years, not fbced in with a nonce
structure,facility or another piece of equipmentPte, and not an integral pert of a
d. "Expendable Personal Property"means aN tangible personal property other than
nonexpendable property.
2. &DIM
The purpose of this Agreement Is to state the covenants and conditions under which the
SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement
ARTICLE II
FUNDING ANDBUDGET
The maximum amount payable by the CITY under this Agreement will be Fifty-Five Thousand
Dollars and 00/100($55.000.00). The SUBRECIPIENT shall carry out the activities specified in
Attachment A, "Scope of Services.'
ARTICLE Ill
FUNDING AND METHOD OF PAYMENT
3.1 The maximum amount payable by the CITY under this Agreement be Fifty-Five
Thousand Dollars and 00/100($55.000,00). it Is expressly understood and agreed by the
Parties that the funds contemplated by this Agreement originated from the federal CDBG
Program,the services provided with this funding will be to serve kow-tonod income
(LMI) Individuals that are 80% or below the area median Income (AMI). A signed and
dated household income certification form or proof of income(e.g. pay stubs, retirement
benefits,etc.)from Individuals served, Is required to be kept in indMduars file. Funds are
subject to HUD's approval of the CiTY's CDBG FY2022 Annual Action Plan and
reimbursements approved and funded through HUD's Integrated Disbursement and
Information System(IDIS). The SUBRECIPiENT agrees to reimburse the CITY in full all
funds remitted to the SUBRECIPIENT if all the conditions under this Agreement are not
met.
3.2 The CITY will be invoiced try the SUBRECIPIENT for eligible expenses on a
reimbursement basis, and will disburse payments at least once per quarter(January 15,
2023, April 15, 2023, July 15, 2023, and October 15, 2023) or unless there is a mutual
agreement otherwise.
3.3 Payment by the CITY shall be contingent upon timely receipt of aocurate end complete
reports and records required by this Agreement.
3.3 Prior to receipt of Community Development Block Program funds (through
reimbursement), SUBRECIPIENT shall submit the following documentation:
a. Quarterly Progress Reports (due on January 15, 2023, April 15, 2023, July 15,
2023,and October 15, 2023).
b. Ail back up original documentation relating to the expenditures being requested.
3.4 Release of funds is subject to the approval of the Director of Financial Services and
Community Improvement Manager.
ARTICLE IV
TERM OF AGREEMENT
The term of this agreement shall be from October 1, 2022 to September 30, 2023.
ARTICLE V
SUSPENSION AND TERMINATION
5.1 Terminatlon/Susoension of Pavments/Aoreement for Cause: tf through any cause either
party shall fail to fulfill In timely and proper manner its obligations under this Agreement,
or if either party shall violate any of the covenants, agreements, or stipulations of this
Agreement, either party shall thereupon have the right to terminate this Agreement or
suspend payments In whole or in part by giving written notice of such termination or
suspension of payments and specify the effective date of termination or suspension.
If payments are withheld, the CITY shall specify in writing the actions that must be taken
by the SUBRECIPIENT as a condition precedent to resumption of payments and shall
specify a reasonable date for compliance. Sufficient cause for suspension of payments
shall include,but not be limited to:
a. Ineffective or improper use of CDBG funds,
b.failure to comply with the Statement of Work or terms of this Agreement,
c.failure to submit reports as required,
d.submittal of materially incorrect or incomplete reports,
e. failure to comply with the CDBG subreciplent policies and procedures and any
additional conditions that may be imposed by HUD.
5.2 Termination for Convenience of City: The CITY may terminate this Agreement without
cause at any time by giving at least ten (10) working days' notice In writing to the
SUBRECIPiENT. if this Agreement is terminated by the CiTY as provided herein, the
SUBRECIPIENT will be paid for allowable services performed under Article II of this
Agreement until the effective date of the termination.
5.3 Termination for Convenience of the SUBRECIP1ENT: At any time during the term of this
Agreement, the SUBRECIPIENT may, at Its option and for any mason, terminate this
Agreement upon ten (10)working days written notice to the CITY. Upon termination,the
SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through
and including the date of termination.
ARTICLE Vi
RECORDS AND REPORTS
6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities
funded by this Agreement fora period of five years after the termination dere Agreement.
6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later
be determined necessary to assure compliance with this Agreement,including Individuals
income certification documentation,low-to moderate Income(LM1) individual's application
for services,etc.
ARTICLE VIi
PROGRAM IiNCOME
The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this
Agreement. It Is not anticipated that program Income shall be generated from this allocation.
However,such income,ff generated,may be retained by the SUBRECIPIENT and used for costs
that are In addition to the approved costs of this agreement, provided that such costs specifically
further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use
program income to pay for charges or expenses that are specifically not allowed pursuant to the
terms of this agreement and applicable federal regulations or rules. The use of program Income
by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504.
ARTICLE ViII
PUBLICITY
The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs,
recognize the CITY and the CDBG Program for the support of all contracted activities. The use
of the official CITY logo is permissible, but all signs used to publicize CiTY contracted activities
must be approved by the CITY prior to being posted.
ARTICLE IX
GENERAL CONDITIONS
9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT
shall comply with requirements established by the Federal Office of Management
and Budget(OMB)concerning Bradstreet Data Universal Numbering System
(DUNS), Unique Entity Identifier(UEI),and System for Award Management
(SAM)database, as set forth on 2 CFR Part 2, and the Federal Funding
Accountability and Transparency Act. (FFATA)As set forth at 2 CFR Part 170.
9.2 Federal.State. County and CITY Laws and Relations: The SUBRECIPIENT shall
comply with applicable provisions of applicable federal,state, County,and CiTY laws,
regulations and rules, including OMB A-122,OMB A-21, OMB A-133.
The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Chill
Rights Act of 1964,as amended,which prohibits discrimination on the basis of race,color,
or national origin; the Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; Tithe VIII of the Civil Rights Act of 1968, as amended,
and Executive Order 11063 which prohibits discrimination in housing on the basis of race,
color,religion,sex,or national origin; Executive Order 11248,as amended which requires
equal employment opportunity; and with the Energy Policy, amended and Conservation
Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy
efficiency.
The SUBRECiPIENT shall report Its compliance with Section 504 of the Rehabilitation Act
whenever so requested by the CITY. The SUBRECiPIENT shall comply with all applicable
requirements of the Americans with Disabilities Act (ADA) of 1990, Including, but not
limited to, those provisions pertaining to employment, program services, transportation,
communications,access to facilities, renovations,and new construction.
9.3 OtherProaram Reautrements:The SUBRECiPIENT shall comply with all federal laws and
regulations pertaining to environmental standards described In 24 CFR Subpart K,except
that
a. The SUBRECIPIENT does not assume the CITY's environmental responsibalties
describbed at 570.604,and
b. The SUBRECIPIENT does not assume the CiTY's responsibility for initiating the
review process under the provisions of 24 CFR part 52.
9.4 Opportunities for Resident$ and Civil Rights Compliance; The SUBRECIPIENT agrees
that no person shall on the grounds of race, color, national origin, religion, or sax be
excluded from the benefits of,or be subjected to,discrimination under any activity carded
out by the performance of this Agreement To the greatest feasible extent,low-Income
residents of the project areas shall be given opportunities for training and employment;
and to the greatest feasible extent, eligible business concerns located In or owned in
substantial part by persons residing in the project areas shall be awarded contracts in
connection with the project.
9.5 Evaluation and MonitorinQi The SUBRECIPIENT agrees that the CITY will carry out
periodic monitoring and evaluation activities as determined necessary and that the
continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation
conclusions. Such evaluations will be based on the terms of this Agreement,comparisons
of planned versus actual progress relating to activtty scheduling, budgets, audit reports,
and output measures. The SUBRECIPIENT agrees to furnish upon request to the CiTY
and make copies of transcriptions of such records and information as is determined
necessary by the CiTY. The SUBRECIPIENT shall submit on a schedule set by the CITY
and at other times upon request, Information and status reports required by the CITY to
enable the evaluation of said progress and to allow for completion of reports required of
the CITY by HUD. The SUBRECIPIENT shall allow the CiTY or HUD to monitor its agency
on site. Such site visits may be scheduled or unscheduled as determined by the CiTY or
HUD.
9.6 Audits: Nonprofit organizations that expend$750,000 or more annually in federal awards
shall have a single or program specific audit conducted accordance with OMB A-133.
Nonprofit organizations that expend less than$750,000 annually in federal awards shall
be exempt from an audit conducted In accordance with OMB A-133,although their records
must be available for review. These agencies are required by the CiTY to submit'reduced
scope' audits (e.g., financial audits, performance audits). Each audit shall cover a time
period of not more than 12 months and an audit shall be submitted covering each assisted
period until all the assistance received from this agreement has been reported on. A copy
of the audit report must be received by the CITY no later than sbc months following each
audit period.
The SUBRECIPIENT shall maintain ail records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the CITY
pursuant to the terms of this agreement
9.7 Uniform Administrative Reaulrements: The SUBRECIPIENT agrees to maintain books,
records and documents in accordance with accounting procedures and practices which
sufficiently and property reflect all expenditures of funds provided by the CITY under this
Agreement The SUBRECIPIENT is required to comply with the following uniform
administrative requirements:
a. Specific provisions of the uniform administrative requirements of OMB Circular A-110,
as implemented at 24 CFR Part 84,'Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations."
b. OMB Circular A-122'Cost Principles for Non-Profit Organizations'
c. Applicable provisions of 24 CFR 670.502.
9.8 jobbvina Prohibition:The SUBRECIPIENT shall certify that no federal appropriated funds
have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress,an officer or employee of Congress,or an employee of a Member of Congress
In connection with the awarding of any federal Agreement,the making of any federal grant,
the making of any federal loan, the entering into of any cooperative Agreement, and the
extension, continuation, renewal, amendment,or modification of any federal Agreement,
grant, loan,or cooperative Agreement
The SUBRECIPIENT shall disclose to the CITY If any funds other than federal
appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency,a Member of Congress,an
officer or employee of Congress, or an employee of a Member of Congress In connection
with this federal Agreement
9.9 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3
requirements applicable to contracts funded through this Agreement. Information on
Section 3 is available from the CITY upon request.The SUBRECIPIENT shall include the
following, referred to as the Section 3 Clause, in every solicitation and every contract for
every Section 3 covered project:
Section 3 Clause
a. The work to be performed under this agreement is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U.S.C.
1701 (Section 3). The purpose of Section 3 Is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD-assisted projects
covered by Section 3,shall to the greatest extent feasible,be directed to low-and very
low-income persons, particularly persons who are recipients of HUD assistance for
housing.
b. The parties to this agreement agree to comply with HUD's requirements In 24 CFR
Part 135, which Implement Section 3. As evidenced by their execution of this
agreement,the parties to this agreement certify that they are under no contractual or
other impediment that would prevent them from complying wtth the Part 135
regulations.
c. The SUBRECiPiENT agrees to send to each labor organization or representative of
workers with which the SUBRECIPIENT has a collective bargaining Agreement or
other understanding, if any, a notice advising the labor organization or workers
representative of the SUBRECIPIENTs commitment under this Section 3 clause,and
Mil post copies of the notice in conspicuous pieces at the work site where both
employees and applicants for training end employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number
and Job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each,and the name and location of the person(s)taking applications
for each of the positions,and the anticipated date the work shall begin.
d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR Part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or in this
Section 3 clause,upon a finding that the subcontractor is In violation of the regulations
in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor
where the SUBRECIPIENT has notice or knowledge that the subcontractor has been
found in violation of the regulations In 24 CFR Part 135.
e. The SUBRECIPIENT will certify that any vacant employment positions, Including
training positions, that are filled (1) after the SUBRECIPiENT is selected but before
the contract is executed and(2)with persons other than those to whom the regulations
of 24 CFR Part 135 require employment opportunities to be directed,were not filled to
circumvent the SUBRECIPIENTs obligations under 24 CFR Part 135.
f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default,and debarment or suspension from future HUD
assisted contracts.
9.10 insurance:The SUBRECIPIENT shall furnish to the CITY,general liability certificate(s)
of Insurance evidencing current coverage that meets City's insurance requirements.City's
insurance requirements can be found at tgtos;//www.bomton-
ich.ors114sth nrdlAetherXfuard blittv-insurance-Drooram
9.11 property; Any real property under the SUBRECIPIENT's control that was acquired or
improved in whole or In part with CDBG funds received from the CITY in excess of$25,000
shall be either.
a. Used to meet one of the three CDBG national objectives required by and defined in
24 CFR Part 570.208 for five years following the expiration or termination of this
agreement, or for such longer period of time as determined by the CITY;or
1
b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall
pay to the CITY an amount equal to the market value of the property as may be
determined by the CITY, less any proportionate portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time specified in Paragraph 9.9.a.,
above.
Any real property under the SUBRECIPIENT's control that was acquired or Improved in
whole or in part with CDBG funds from the CiTY for$25,000 or less shall be disposed of,
at the expiration or termination of this contract, In accordance with instructions from the
CITY.
All real property purchased In whole or in part with funds from this and previous
agreements with the CITY,or transferred to the SUBRECIPIENT after being purchased in
whole or In part with funds from the CITY, shall be listed in the property records of the
SUBRECIPIENT and shall Include a legal description, size, date of acquisition, value at
time of acquisition, present market value, present condition,address or location, owner's
name if different from the SUBRECIPIENT, Information on the transfer or disposition of
the property,and map. The property records shall describe the programmatic purpose for
which the property was acquired and identify the CDBG national objective that will be met.
If the property was improved, the records shall describe the programmatic purpose for
which the Improvements were made and identify the CDBG national objective that will be
met.
All nonexpendable personal property purchased in whole or in part with funds from this
and previous agreements with the CITY shall be listed in the property records of the
SUBRECIPIENT and shall include a description of the property, location, model number,
manufacturer's serial number, date of acquisition,funding source, unit cost at the time of
acquisition,present market value, property inventory number,information on its condition,
and information on transfer, replacement,or disposition of the property.
The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition
of real property, expendable personal property, and nonexpendable personal property
purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the
terms of this agreement. The SUBRECIPIENT shall dispose of all such property In
accordance with Instructions from the CiTY. Those instructions may require the return of
all such property to the CITY.
9.12 Reversion of Assts: The SUBRECIPIENT shall return to the CITY, upon expiration or
termination of this Agreement,all the assets owned or held as a result of this Agreement,
including, but not limited to any funds on hand, any accounts receivable attributable to
these funds, mortgages, notes, and other collateral and any overpayments due to
unearned funds or costs disallowed pursuant to the terms of this Agreement that were
disbursed to the SUBRECIPIENT by the CiTY. The SUBRECIPIENT shall within 30 days
of expiration or termination of this Agreement execute any and all documents as required
by the CITY to effectuate the reversion of assets. Any funds not earned,as described and
provided for In OMB A-122, by the SUBRECIPIENT prior to the expiration or termination
of this Agreement shall be retained by the CITY.
9.13 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any
applicable law or regulation, only the conflicting provision shall be deemed by the parties
hereto to be modified to be consistent with the law or regulation or to be deleted if
modification is Impossible. However, the obligations under this agreement, as modified,
shall continue and all other provisions of this agreement shall remain in full force and
effect.
9.14 Reneootlation or Modification: Modifications of provisions of the agreement shall be valid
onty when In writing and signed by duly authorized representatives of each party. The
parties agree to renegotiate this agreement tf the CITY determines,In its sole and absolute
discretion,that federal, State and/or CITY revisions of any applicable laws or regulations,
or Increases or decreases In budget allocations make changes in this agreement
necessary.
9.15 Right to Waive: The CiTY may,for good and sufficient cause,as determined by the CiTY
in Its sole and absolute discretion, waive provisions in this agreement or seek to obtain
such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT
shall be in writing. Any waterer shall not be construed to be a modification of this
agreement.
9.16 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the
CITY, the CiTY shall refer the questions, Including the views of an Interested parties and
the reoommendaiion of the CiTY, to the City Manager for determination. The City
Manager, or an authorized representative, will Issue a determination within 30 calendar
days of receipt and so advise the CiTY and the SUBRECIPIENT,or in the event additional
time is necessary, the CITY wfil notify the SUBRECIPIENT within the 30 day period that
additional time is necessary. The SUBRECIPIENT agrees that the City Manager's
determination shall be final and binding on all parties.
9.17 Indemnification;
SUBRECIPIENT shall at all times hereafter Indemnify, hold harmless and, at the City Attorney's
option, defend or pay for an attorney selected by the City Attorney to defend CITY, Its officers,
agents,servants,and employees from and against any and all causes of action,demands,claims,
losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and
expenses, caused or alleged to be caused by any Intentional, negligent, or reckless act of, or
omission of, SUBRECIPIENT, its employees, agents, servants,or officers, or accruing, resulting
from,or related to the subject matter of this Agreement, including,without limitation, any and all
claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever
resulting from injuries or damages sustained by any person or property. in the event any lawsuit
or other proceeding Is brought against CITY by reason of any such claim, cause of action, or
demand,SUBRECIPIENT shall,upon written notice from CITY,resist and defend such lawsuit or
proceeding by counsel satisfactory to CITY or,at CITY's option, pay for an attorney selected by
the City Attorney to defend CITY. The obligations of this section shall survive the expiration or
earlier termination of this Agreement. To the extent considered necessary by CITY, any sums
due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims
•
for indemnification pursuant to this Agreement have been settled or otherwise resolved;and any
amount withheld shall not be subject to payment of interest by CiTY.
If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its
subcontractors to agree to the requirements and obligations of this Section 9.15.
9.18 Public Records:
SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119,
Florida Statutes. In accordance with state law, SUBRECIPIENT agrees to:
a) Keep and maintain public records required by the CiTY to perform the
service.
b) Upon request from the CITY's carstodlen of public records, provide the CITY with
a copy of the requested records or allow the records to be Inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119,Florida Statutes,oras otherwise provided by law.
•
c) Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and,following completion of the Agreement
if the SUBRECIPIENT does not transfer the records to the CITY.
d) Upon completion of the contract,transfer,at no cost,to the CiTY all public records
in possession of the SUBRECIPIENT or keep and maintain public records required
by the CiTY to perform the service. if the SUBRECIPIENT transfers all public
records to the CiTY upon completion of the contract,SUBRECIPIENT shall destroy
any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements.
e) if the SUBRECIPIENT keeps and maintains public records upon completion of the
contract,the SUBRECIPIENT shall meet all applicable requirements for retaining
public records. AN records stored electronically by the SUBRECIPIENT must be
provided to the CITY,upon request from the CITY's custodian of public records, in
a format that is compatible with the information technology systems of the CITY.
The failure of the SUBRECIPIENT to comply with the provisions set forth in the Agreement
shall constitute a Default and Breath of the Agreement for which, the CiTY may
= terminate the Agreement
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENTS DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY CLERK
PO BOX 310
BOYNTON BEACH,FLORIDA, 33425
561-742-6061
cITYCL,ERKM8BFL.US
9.19 Scrutinized Companies:
By execution of this Addendum,the SUBRECIPIENT certifies that it is not participating in a boycott
of Israel. The SUBRECIPIENT further certifies that it is not on the Scrutinized Companies that
Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List,and not on the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, nor has the
SUBRECIPIENT been engaged In business operations in Syria. Subject to limited exceptions
'• provided In state law, the CITY will not contract for the provision of goods or services with any
scrutinized company referred to above. Failure to comply shall be deemed a material breach of
contract.The CiTY shall provide notice,In writing,to SUBRECIPIENT of the CITY's determination
of failure to comply.The SUBRECIPIENT shall have five(5)days from receipt of notice to refute
such allegation. tf such false certification Is discovered during the active contract term, the
SUBRECIPIENT shall have ninety (90) days following receipt of the notice to respond. If the
SUBRECIPIENT does not demonstrate that the CITY's determination of false certification was
made In error then the CITY shall have the right to terminate the contract and seek civil remedies
pursuant to Section 287.135,Florida Statutes, as amended from time to time.
9.20 E-Ver$fY:
The SUBRECIPIENT certifies that ft is aware of and complies with the requirements of Section
448.095, Florida Statues, as may be amended from time to time and briefly described herein
below.
a. Defintns fpr this Section.
I. 'Contractor means a person or entity that has entered or is attempting to
enter into a contract with a public employer to provide labor,supplies,or services
to such employer in exchange for salary, wages, or other remuneration.
'Contractor'includes, but Is not limited to, a vendor or consultant
ii. "Subcontractor means a person or entity that provides labor, supplies, or
services to or for a contractor or another subcontractor In exchange for salary,
wages, or other remuneration.
Hf. `E-Verify system' means an Internet-based system operated by the United
States Department of Homeland Security that allows participating employers to
electronically verify the employment eligibility of newly hired employees.
b. Registration ReQufrementTerminatlon.
Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors,
shall register with and use the E-verity system in order to verify the work authorization
status of all newly hired employees. Contractor shall register for and utilize the U.S.
Department of Homeland Securttys E-Verify System to verify the employment eligibility
of:
i. All persons employed by a Contractor to perform employment duties during
the term of the contract
M persons (including subvendors / subconsultants/ subcontractors)
assigned by Contractor to perform work pursuant to the contract with the City of
Boynton Beach. The Contractor acknowledges and agrees that registration and
use of the U.S. Department of Homeland Security's E-Verify System during the
term of the contract Is a condition of the contract with the City of Boynton Beach;
and
iii. The Contractor shall comply with the provisions of Section 448.095, Fla.
Stat.,"Employment Eligibility,'as amended from time to time.This includes, but is
not limited to registration and utilization of the E-Verify System to verify the work
authorization status of all newly hired employees. Contractor shall also require all
subcontractors to provide an affidavit attesting that the subcontractor does not
employ, contract with, or subcontract with,an unauthorized alien. The Contractor
shall maintain a copy of such affidavit for the duration of the contract f=ailure to
comply will lead to termination of this Contract, or if a subcontractor knowingly
violates the statute, the subcontract must be terminated immediately. An
challenge to termination under this provision must be flied In the Circuit Court no
later than twenty(20)calendar days after the date of termination. Termination of
this Contract under this Section is not a breach of contract and may not be
considered as such. If this contract is terminated for a violation of the statute by
the Contractor, the Contractor may not be awarded a public contract for a period
of one(1)year after the date of termination.
9.21 inspector General:
SUBRECIPIENT is aware that the Inspector General of Palm Beach County hes the
this
authority to investigate and audit matters relating to the negotiation and performance of
Agreement, and may demand and obtain records and testimony from
SUBRECIPIENT. SUBRECIPIENT understands and agrees that In addition to all other
remedies and cor►sequenoes provided by law, the failure of SUBRECIPIENT to fiat
cooperate with the Inspector General when requested may be deemed by the CITY to be
a material breath of this Agreement.
IN WITNIFSS OF THE FOREGOING, the parties have set their hands and seals on this orb~-6
day of ,-- (D(-ernlae. ,20,2?
* SSES:
- 1+j/•r c a r: ..
4 Sub lerrt Agency Board Treasurer
• V em.e . :us CEO Title
Subrecipl.nt Agency Title
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing Instrum t was acknowledged before me this.Z6 day of S f-4 er;2O
by CL-�a v t,ael I/kbeI7 LB 4_(,)
Personally Known�OR Produced Identification Type of Identification Produced
SteltOini:%S+
Z NOTARY PUBLIC ____c____)
u►w 027777
'.1."1 .*. y• K ° Q.� ; �D lat. k t
✓Y1 i 1701�}�%I'Py: doIdoa� •:))4 ` Printi, \:
-'5oYNT
t A7' ES ': j '46:1)121
' CITY OF BOYNTON B CH, FLORIDA
lt
BY
City CI 1111
" / _.
X20 gnature
t . City Attorney
ATTACHMENT A
Scope of Services
Agency Name: Pathways to Prosperity, Inc.
Program Name: Circles Palm Beach County
Overview: Circles Palm Beach County has a goal of reducing the number of families in
poverty by 10% in 10 years and is based on a proven nationwide model that empowers
people In poverty to build intentional relationships across Income and class lines.
Among current Circles participants, all increased their income within the first 3 months,
and 66% of them doubled their income or more since starting the program.
Scope of Services: Circles employees, known as Coaches, match under-resourced
individuals end families, known as Circle Leaders, with middle-to upper-income
community volunteers, known as Allies, to establish relationships that cross class lines,
create multidimensional support systems, give access to new ways of thinking and open
up new possibilities for people living in poverty.
The program brings Circle Leaders, Allies and Coaches together as an intentional team
for a minimum of 18 months to look at povetty in a more holistic manner, as well as to
explore how to build a long-term vision for their future both individually and as a
community. Each Circles cohort of 15-25 families begins with Circle Leaders and their
Coaches participating in a 15-18 week training together.
After completing the training period, Circle Leaders are thoughtfully matched with an
Ally. Circle Leaders and their families set the direction for activities and, together with
their Allies, develop an action plan to get out of poverty, with the support of a Circles
Coach who provides ongoing case management and access to resources.Allies
support families in achieving goals to accomplish their plan.
Leaders and Allies meet monthly, at minimum, to build relationships, review goals and
steps, discuss and problem-solve barriers to getting out of poverty, such as improving
self-sufficiency, expanding social networks, and enhancing academic performance of
both children and parents.
Moving forward, weekly Community Meetings gather Circle Leaders, Circle Allies, and
other interested community members to provide support end networking opportunities.
Big View Meetings are held once per month and feature a far-ranging discussion of the
causes of poverty in the community and how to address them for the long-term,
removing systemic barriers in the process.
Pathways to Prosperity also provides dinner, childcare, and financial literacy education
for children of Circle Leaders and Allies while their parents participate in Circles.
Financial literacy for both children and adults is provided through our partnership with
AmTnist Bank, a division of New York Community Bank.
CDBG funds will be used for:
CDBG funds will be used to pay for the salary of employee who oversees the Circles
program In Boynton Beach.
PROJECT BUDGET
Line Item CDBG Funds Other Project Total Project -
I
Requested Funds Budget
ADMINISTRATION:
Personnel(#1 FTE) $50,000.00 $207,519.00 $257,519.00
Payroll Taxes&Benefits $5,000.00 $57,614.00 $62,614.00
Office Supplies $5,000.00 $5,000.00
Copy Supplies
Postage --- $500.00 $500.00
Telephone $934.00 5934.00
Professional Services fee - ~ $46,425.00 $46,425.00
Other(Insurance) $3.200.00 $3,200.00
Other(Facility) $9,040.00 $9,040.00
Other(Admin 9.7%) $42.896.00 $42,896.00
PROGRAM:
Program Supplies $38,875.00 $38,675.00
Conference!professional $10,400.00 $10,400.00
development
Misc.-license, Fees, i $5.000.00 $5,000.00~
certifications etc.
TOTALS $55,000.00 $427,203.00 $482,203.00
Notes: 1. Professional fees include Bookkeeping, accounting, social media,website, IT
tech support, program evaluation. 2. Other expenses include insurance-$3,200.00,
Facility-$9,040.00,Admin-$42,896.00(combined on digital version). 3. Program
expenses include Program supplies-$.$10,400.00, Misc.-License, Fees, certifications
etc.-$5,000.00. (not identified on digital version) __
`}1