R22-172 I RESOLUTION R22-172
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN
5 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT
6 AGREEMENTS, WITH BOYNTON BEACH FAITH-BASED
7 COMMUNITY DEVELOPMENT CORPORATION, INC., TO
8 PROVIDE HOUSING RELATED ACTIVITIES;AND PROVIDING AN
9 EFFECTIVE DATE.
10
11 WHEREAS, on August. 1:6, 2022, the City .Commission approved. by a substantial
12 amendment to the Community.Development Block Grant Program (CDBG),to reallocate CDBG
13 leftover funds from FY 2016,2017,2018, 2019,and 2020 to fund public improvement activities;
14 and
15 . WHEREAS, Staff recommended several activities and based on those
16 recommendations, the City Commission approved to fund and move forward with the
17 following public improvement activities: Hester Center Improvements, Housing Rehabilitation
18 and Acquisition of Property for Affordable Housing Purposes for Qualifying Households;and
19 WHEREAS, the CDBG's Program purpose is to assist the City of Boynton Beach in
20 meeting the needs of its lower income residents and the activities that are being funded will
21 offer housing related assistance to qualifying households living within the City of Boynton
22 Beach;and
23 WHEREAS, City Staff is recommending that the City Commission approve and
24 authorize the City Manager to sign Community Development Block Grant Subrecipient
25 Agreements, with Boynton Beach Faith-Based Community Development Corporation, Inc., to
26 provide housing related activities.
27 NOW;THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
28 BOYNTON BEACH, FLORIDA, THAT:
29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
3o being true and correct and are hereby made a specific part of this Resolution upon adoption
31 hereof.
32 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
33 approve and authorize the City Manager to sign Community Development Block Grant
S:1CA1RESO Agreements\GrantslCDBG-SubRecipient Agreements(reallocation of leftover funds) -Rcso.docx
I
34 Subrecipient Agreements, with Boynton Beach Faith-Based Community Development
35 Corporation,Inc.,to provide housing related activities. Copies of the Agreements are attached
36 hereto and incorporated herein as Exhibits "A" and "B" respectively.
37 Section 3. This Resolution will become effective immediately upon passage.
38 PASSED AND ADOPTED this 6th day of December, 2022.
39 CITY OF BOYNTON BEACH, FLORIDA
40
41 YES NO
42
43 Mayor—Ty Penserga
44
45 Vice Mayor—Angela Cruz
46
47 Commissioner—Woodrow L. Hay
48
49 Commissioner—Thomas Turkin
50
51 Commissioner—Aimee Kelley
52
53 VOTE
54 ATTEST:
55
56
57
58
59 MayleJesus, MPA, MC Ty Penser
r
60 City C Mayor
61 BO
62
Q �
64 APP VED AS T FOR
65 (Corporate Sea tepon `
�
66
67 � . ....°. Michael D. Cirullo,Jr.
ORID68 City Attorney
69
S:\CA\RES®\Agreements\Grants\CDBG-SubRecipient Agreements(reallocation of leftover funds) -Reso.docx
2
A
Community Development Block Grant(CDBG)Subaward Grant Agreement
between
City of Boynton each,Florida and Boynton each Faith Based Community Development Corporation,Inc.
for a CDBG subaward of an amount not to exceed$504,000.00
from a federal award issued by U.S. Department of Housing and Urban Development
for the specific purpose of
Acquisition of Property for Affordable Housing Purposes for Qualifying Households,
SUBAWARD COVERSHEET
INTERNAL'TABLE-FOR CITY INTER14AL
USE ONLY,
City Contract No.: City Contract No. Resolution R22-099
Financial Services Department: Community Improvement Division
24 CFR 570.202(b)(1)-Assiit-afi—ce—t-o-no—n--p-ro—fit-o-r-ga-nizations—
to
CD1BG Eligible Activity acquire and to rehabilitate
TABLE OF TERMS AND PROVISIONS
Article 1:Standard C Form Subaward Agreement....... .........- ........................................ _........
Article 2:The Parties..... ......-.......... ........ ......... ......-......
Article 3: Notice of FederalSubaward............. ........... ...... ..........�. .......
Article 4:Term of Agreement and Sub and Period of Perforinance........... 3
Article5: Notice................. ...... .......... ................. ....._... .... ............ 3
Article 6: NON-PROFIT LCA 'a Obligations and Responsibilities..........................................m.... 3.......
Article 7: Procurement and Subcontracting Standards,...-............ .............. 5
Article 8: Property Standards ...._....._..._._........-.............-....... ......... ........ 7
Article9: Budget..... ....__...... ......-... ........._.................... ........... ...... 7
Article 10: Reimbursement Requests, ......... ___......... ................... .......... 9
Article 11: Payment Terms.............. .......... ......___....... ........ 10
Article 12: Return of Funds.........-...-.....-............ ........ ....._..........._... I I
Article 13: Progress Reporting anubaward Closeout............... ...... ....... ...A2
Article 14: Maintenance, Retention, and Access to Records................. ........ 14
Article 15: Monitoring Requirements...... ....... ........ 16
Article 16:Audit Requirements..._........-.....__...__......... ...... 16
Article 17- Insurance...........__.............-.... .......................... ...... 17
Article 18: Indemnification, Sovereign Immunity, and Liability...... ........ ........... ...__20
Article 19: Independent ontractor® Non-Agent NON-PROFIT DEVELOPER,and Third Parties................. 20
Article 20: Confidentiality.............____..........................-...__......
Article 21. Remedies for Noncompliance..... ...__........ ......... ..................__23
Article 22:Termination...... ....... ......... ....... ....... ........ ....-23
Article 23: General Provisions .............. ........ ......... ........ ....___26
Article 24:Attachments..._......____......... ....... .......... .........
Article 25: Entire Agreement...__.........___...___.......................... ...... .........._29
Community Development Block Subaward Grant Agreement Coversheet
City of Boynton each and Boynton each Faith Based Community Development Corporation, Inc.
Page 1 of I
Article 1: Standard CDBG Subaward Form Agreement
A. This CDBG Subaward Agreement ("Agreement') is a "Standard CDBG Subaward Form
Agreement."Any changes to this standard form shall be noted separately through an amendment to
the Agreement which must be separately executed by the parties to this Agreement in order to be
binding upon the parties.
Article 2: The Parties
A. This Agreement is entered,into by and between the two parties indicated in the following table:
-
TABLE 1 -THE PARTIES :17.]
Party#1 Name: City of Boynton Beach (the"City")
Entity Type:A Florida Municipal Corporation
Principal Address:
100 E. Ocean Avenue
Boynton Beach, Florida 33435
Agreement Liaison Name: Dan Dugger, City Manager
Email;Address: duggerd@bbfl.us
Party 2: Name: Boynton Beach Faith Based Community Development Corporation, Inc. a
Community Based Development Organization (the"NON-PROFIT DEVELOPER")
Entity Type: 501(c)(3) Not-for-Profit
Principal Address:
2191 N Seacrest Blvd.
Boynton Beach, FL 33435
Agreement Liaison Name: Keturah Joseph, Executive Director
L=2t_ EmailAddress: kjbbfbcdc@yahoo.com
B. The City and the NON-PROFIT DEVELOPER may unilaterally re-designate their respective
agreement liaisons by providing written notice of such change to the other party in accordance with
Article 5("Notice") of this Agreement.
C. Both the City and the NON-PROFIT DEVELOPER may be individually referred to as "party" or
collectively referred to as"parties" in this Agreement.
Article 3: Federal Subaward Information
A. Subaward Information. The table below provides basic information regarding the underlying
subaward pursuant to which this Agreement is being entered.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 1 of 31
TABLE 2—SUBAARD INFORMATION
Subaward Project Acquisition of Real Property for an Elderly Rental Housing Program
Description: through a Community Based Development Organization (the "NON.
PROFIT DEVELOPER„)
Awarding Agency U.S. Department of Housing and Urban Development(the "Federal
Description: Awarding Agency")—Community Development Block Grant(the
"Federal Award")—City of Boynton Beach (the"Grantee).
Subaward ID No.: Resolution R22—099
Resolution Dater 08/16/2022
B. Federal Subaward Amount.The amount of the underlying subaward is: $504,000.00.
C. NON-PROFIT DEVELOPER Compliance with Federal Subaward. At all times during which`the
NON-PROFIT DEVELOPER is performing under this Agreement, the NON-PROFIT DEVELOPER
shall comply with the award terms and conditions of the underlying Federal subaward, as well as with
any guidance provided by the Federal Awarding Agency.
D. Compliance with the Federal Uniform Guidance. The NON-PROFIT DEVELOPER shall comply
with all applicable provisions of the Federal Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards as found in 2 CFR Part 200 (the "Uniform Guidance")
when meeting its obligations under this Agreement.
E. References for Emphasis Only.The parties hereby agree that the specific provisions of the Uniform
Guidance—or any other applicable federal,state, or local law—that are referenced in this Agreement
are referenced for emphasis only. The exclusion of a specific applicable provision of law from this
Agreement does not alleviate the NON-PROFIT DEVELOPER from its obligation to comply with any
such applicable provisions.
F. By executing this Agreement, the NON-PROFIT DEVELOPER hereby certifies that it has
reviewed 2 CFR Part 200 and any relevant Federal Awarding Agency guidance and that it
understands its obligations pursuant to such federal regulations and guidance.
G. Federal Subaward Amount.The amount of the Federal Subaward issued pursuant to this Agreement
is an amount not to exceed $504,000.00(the "Subaward").This Agreement's use of"an amount not
to exceed"shall in no way entitle the NON-PROFIT DEVELOPER to reimbursement or payment of the
maximum amount provided unless such reimbursement or payments have been earned by the NON-
PROFIT DEVELOPER in accordance with the terms and provisions of this Agreement.
H. Required Information. Any additional information required pursuant to 2 CFR § 200.332
("Requirements for Pass-Through Entities")may be found in the Required Information for Federal
Subawards Schedule attached to this Agreement as"Exhibit A."
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 2 of 31
Article 4: Term of Agreement and Subaward Period of Performance
A. Term of Agreement.The term of this Agreement begins on the date that it is fully executed by both
parties (the "Effective Date") and shall terminate on: 09130/2023, unless extended or renewed in
accordance with the terms of this Agreement.
B. Subaward Period of Performance.
1. The "Subaward Period of Performance" is the time during which the NON-PROFIT
DEVELOPER may incur obligations to carry out the work or services authorized under this
Agreement. The NON-PROFIT DEVELOPER may not invoice for any work completed, or
services rendered,outside of the Subaward Period of Performance.This provision is required
pursuant to 2 CFR§200.332(a)(1)(v).
2. The Subaward Period of Performance of this Agreement is: UPON EXECUTION to 9/3012023.
Article 5: Notice
Service of all notices under this Agreement shall be in writing and sent by certified or registered mail or courier
service, postage prepaid, and addressed to the addresses set forth below until such addresses are changed
by written notice. Notices sent by certified/registered mail or courier with signature receipt requested shall be
deemed effective as of date of receipt.
TABLE-3-NOTICE
To the City: City of Boynton Beach
Attn: Dan Dugger, City Manager
City Manager's Office,4"'. Floor
100 E. Ocean Avenue
Boynton Beach, Florida 33435
To the NON-PROFIT Boynton Beach Faith Based Community Development Corporation, Inc.
DEVELOPER: Attn: Keturah Joseph, Executive Director
2191 N. Seacrest Blvd.
Boynton Beach, Florida 33435
Article 6: NON-PROFIT DEVELOPER's Obligations and Responsibilities
A. Scope of Services.
1. The NON-PROFIT DEVELOPER shall be responsible for meeting the objectives of this
Subaward,as detailed in the Scope of Services attached to this Agreement as"Exhibit B", in
a manner that is deemed satisfactory by the City and consistent with the standards set forth in
this Agreement, the Federal Award, and any directives or guidance issued by the Federal
Awarding Agency.
2. The NON-PROFIT DEVELOPER shall not obligate, encumber, spend, or otherwise utilize
funds provided pursuant to this Agreement for any activity or purpose not included in, or in
conformance with, the Scope of Services.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation; Inc.
Page 3 of 31
B. NON-PROFIT DEVELOPER's Agreement Liaison. The NON-PROFIT DEVELOPER's agreement
liaison identified in TABLE 1 —THE PARTIES, or as re-designated pursuant to Article 2, Paragraph
B above, shall be available to communicate and meet with the City's agreement liaison and relevant
City staff in order to review the NON-PROFIT DEVELOPER's performance pursuant to this
Agreement. The City reserves the right to, at no additional cost to the City, require that the NON-
PROFIT DEVELOPER change its agreement liaison if the City's agreement liaison believes doing so
best serves the performance or objectives of the Subaward, or this Agreement.
C. Licenses and Approvals. The NON-PROFIT DEVELOPER hereby represents and warrants that it
has and will continue to maintain all licenses,insurances and approvals required to meet its obligations
under the Scope of Services, and that it will at all times conduct its activities in a reputable manner.
Proof of such licenses, insurances and approvals shall be submitted to the City within three (3)
business days upon: request. Failure by the .City to request such-proof of licensure, insurance and
approvals shall in no manner be construed as alleviating the NON-PROFIT DEVELOPER's obligations-
pursuant
bligationspursuant to Paragraph C of this Article, nor shall it be construed as shifting or imposing any liability
onto the City.
D. Employees of the NON-PROFIT DEVELOPER.
1. Skillful Provision of Services.All services or work provided pursuant to this Agreement shall
be performed by the employees, volunteers, associates, or agents of the NON-PROFIT
DEVELOPER (or of any subcontractor of the NON-PROFIT DEVELOPER) in a professional
and skillful manner.
2. Employee Licensure. Any employee, volunteer, associate, or agent of the NON-PROFIT
DEVELOPER (or of any subcontractor of the NON-PROFIT DEVELOPER) whose
performance under this Agreement requires licensure shall have such valid and active
licensure for the full duration of their performance under this Agreement.
3. Removal of Employees. The City may require the NON-PROFIT DEVELOPER to remove
any employee, volunteer, associate, or agent of the NON-PROFIT DEVELOPER (or of any
subcontractor of the NON-PROFIT DEVELOPER) that the City's agreement liaison - using
their sole discretion — deems to be incompetent, careless, or otherwise objectionable from
performing work or services related to this Agreement. The City shall not be responsible for
any costs related to such removal.
4. E-Verify Use and Registration Certification. Pursuant to Section 448.095, Florida Statutes,
the NON-PROFIT DEVELOPER must certify that it is registered with, and uses, the E-Verify
system to verify the work authorization status of all newly hired employees.The NON-PROFIT
DEVELOPER must further certify that it does not employ,contract with, or subcontract with an
unauthorized alien,and shall provide an affidavit affirming this prior to the effective date of the
contract. These certifications shall be provided by use of the E-Verify Use and Registration
Certification found attached to this Agreement as "Form 2". Violation of s. 448.095, Florida
Statutes, may result in the Immediate Termination (as later defined in Article 22
("Termination"))of this Agreement.
E. Non-Discrimination.
1. The NON-PROFIT DEVELOPER shall, at no time during the provision of services funded
through this Agreement, discriminate based on race, color, religion, national origin, sex, or
sexual orientation.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 4 of 31
2. The NON-PROFIT DEVELOPER shall comply with any and all federal, state, and local anti-
discrimination laws, rules, and regulations. For further information about the federal anti-
discrimination requirements for this Agreement, see Attachment 2, ("Federal Award and
Contract Terms")
F. Inherently Religious Activities. When expending the Subaward, the NON-PROFIT DEVELOPER
must adhere to the following conditions:
1. The NON-PROFIT DEVELOPER must not engage in inherently religious activities, such as
worship, religious instruction, or proselytization, as part of its provision of the services funded
in whole or in part by the Subaward;
.2. ,--- . Such inherently religious activities must be offered separately-,in time or location, from the
Subaward-funded services; and
3. Participation in any inherently religious activities must be purely voluntary for the beneficiaries
of the Subaward-funded services; therefore, the NON-PROFIT DEVELOPER shall not
implicitly or explicitly condition receipt of any services funded in whole or part by the Subaward
on participation in any inherently religious activities.
G. Public Entity Crimes and Scrutinized Companies.
1. By use of the Public Entity Crimes and Scrutinized Companies Certification attached to this
Agreement as"Form 3,"the NON-PROFIT DEVELOPER must certify that:
a. The NON-PROFIT DEVELOPER does not meet the definition of "Scrutinized
Company"pursuant to Section 215.473, Florida Statutes;and
b. The NON-PROFIT DEVELOPER — or any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in
management of the NON-PROFIT DEVELOPER or an affiliate of the NON-PROFIT
DEVELOPER — has not been convicted of a public entity crime pursuant to Section
287.133(3), Florida Statutes.
2. The City reserves the right of Immediate Termination (as later defined in Article 22
("Termination"))of this Agreement should the NON-PROFIT DEVELOPER:
a. Be found to have falsified its certification in"Form 3"; or
b. Become ineligible to bid on, submit a proposal for, or enter into or renew a contract
with the City for goods or services pursuant to either Section 287.133, Florida Statutes
("Public Entity Crime; Denial or Revocation of the Right to Transact Business
with Public Entities") or Section 287.135, Florida Statutes ("Prohibition Against
Contracting with Scrutinized Companies") subsequent to entering into this
Agreement with the City.
Article 7: Procurement and Subcontracting Standards
A. Procurement. The NON-PROFIT DEVELOPER must comply with 2 CFR §§ 200.318-200.327
("Procurement Standards") and must use such procedures when expending the Subaward where
NON-PROFIT DEVELOPER is conducting its own procurement to satisfy the objectives of this
Subaward, as detailed in the Scope of Services, attached as "Exhibit B". Does the NON-PROFIT
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 5 of 31
DEVELOPER maintain written purchasing procedures in compliance with the aforementioned
federal Procurement Standards?"Yes"or"No":
If"Yes,"then: By executing this Agreement,the NON-PROFIT DEVELOPER hereby certifies
that it maintains written purchasing procedures in compliance with 2 CFR §§
200.318-200.327 ("Procurement Standards") and will use such procedures
when expending the Subaward.
If"No,"then: By executing this Agreement,the NON-PROFIT DEVELOPER hereby certifies
that it does not maintain written purchasing procedures that are in compliance
with 2 CFR §§ 200.318-200.327 ("Procurement Standards"). As such, the
NON-PROFIT DEVELOPER hereby agrees to develop and use written
purchasing.,procedures.:in compliance with the.,Procurement Stand3rds for
expending the Subaward OR agrees to use the City's Purchasing Policy
Manual. The City's Purchasing Policy Manual can be obtained by contacting
the City's Purchasing Manager at 561-742-6322 or PintoK@bbfl.us
B. Simplified Acquisition Threshold. The "Simplified Acquisition ,Threshold" means,the dollar
amount below which a non-Federal entity may purchase property or services using small purchase
methods..For the purposes of this Subaward, the Simplified Acquisition Threshold is: $250,000.00.
The Simplified Acquisition Threshold provided for in this Agreement is the one that the NON-PROFIT
DEVELOPER —,and any of its sub-NON-PROFIT DEVELOPERs — must use when making its
expenditures of-the Subaward. If. NON-PROFIT DEVELOPER is utilizing the City's purchasing
procedures, NON-PROFIT DEVELOPER must use the City's more restrictive (lower) simplified
acquisition threshold.
C. Subcontracting.
1. Federally Required Contract Provisions and Award Terms and Conditions. The NOW
PROFIT DEVELOPER shall insert the relevant contract provisions and certification documents
identified in Appendix II of 2 CFR Part 200 ("Contract Provisions for Non-Federal Entity
Contracts Under Federal Awards") applicable award terms into all contracts into which it
enters while expending the Subaward. The City has provided a copy of such Federal Award
and Contract Terms,which are attached as"Attachment 2."
2. Small and Minority Business Enterprises ("MBE"), Women Business Enterprises
("WBE"), and Labor Surplus Area Firms. The NON-PROFIT DEVELOPER must execute
the Small and Minority Business Enterprise ("MBE'), Women Business Enterprise ("WBE'),
and Labor Surplus Area Firm Certification attached as"Form 4"stating that the NON-PROFIT
DEVELOPER shall take the "Five Affirmative Steps" regarding Small and Minority Business
Enterprise,Women Business Enterprises, and Labor Surplus Area Firms in the solicitation and
selection of subcontractor(s) or procurements as required by the Federal Government in 2
CFR §200:321.
3. Engaging in subcontracting, pursuant to this Agreement without complying with the
requirements of this article is strictly prohibited.
D. Sub-Subawards.
1. Approval by the City.The NON-PROFIT DEVELOPER shall not issue sub-subawards to any
non-Federal entity without first receiving approval from the City.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 6 of 31
2. Pass-Through Requirements.
a. The NON-PROFIT DEVELOPER must pass through all obligations of the Federal
Award and any placed upon the NON-PROFIT DEVELOPER under this Agreement to
any of its sub-NON-PROFIT DEVELOPERs through a federally-compliant NON-
PROFIT DEVELOPER agreement.
b. The NON-PROFIT DEVELOPER must comply with all provisions of 2 CFR§200.332
("Requirements for Pass-Through Entities")and any other applicable provisions of
the Uniform Guidance when issuing a subaward to a sub-NON-PROFIT DEVELOPER.
E. NON-PROFIT DEVELOPER/Contractor Determinations. Prior to entering into an agreement with a
third-party entity that is in part or in whole funded by the Subaward, the NON-PROFIT_DEVELOPER
shall analyze�tl a nature.of 'such agreement pursuant to tie provisions of� CFR § 200.331 (°°IVO -
PROFIT DEVELOPER Subcontractor Determinations")to determine which type of relationship and
requirements apply.
Article 8: Property Standards
A. By executing this Agreement,the NON-PROFIT DEVELOPER hereby certifies that it shall comply with
2 CFR§§200.310-200.316("Property Standards")and will use such procedures when handling and
managing any supplies, equipment, real estate, or other property procured with any portion of the
Subaward.
B. Except as otherwise provided by Federal Statutes or by the U.S. Department of Housing and Urban
Development, real property will be used for the originally authorized purpose as long as needed for
that purpose (i.e. affordable housing), during which time the non-Federal entity or NON-PROFIT
DEVELOPER may not dispose of or encumber its title or other interests.
C. The NON-PROFIT DEVELOPER shall maintain inventory records of all supplies, equipment, real
estate, and other property procured with the Subaward and may not to sell, transfer, encumber, or
otherwise dispose of any such property without the written permission of the City. If the property is no
longer needed for the originally authorized purpose, the NON-PROFIT DEVELOPER shall request
disposition of the property,in writing, to the City in which case the procedure in 2 CFR §§ 200.311
shall be adhered to.
Article 9: Budget
A. Approved Budget. The City-approved Budget for the Subaward is attached to this Agreement as
"Exhibit C" and shall be the basis for which the City provides payment to the NON-PROFIT
DEVELOPER.
B. Budget Amendments.
1. In General. Requests to amend the Budget contemplated in this Agreement:
a. Must be received by the City no later than forty-five (45)days prior to the expiration of
this Agreement's term;
b. Shall be made prior to the NON-PROFIT DEVELOPER incurring any expenses that
are not expressly provided for in the Budget;and
C. Shall be considered and approved at the sole discretion of the City.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 7 of 31
2. Informal Budget Amendments. The City's Agreement Liaison noted in TABLE 1 — THE
PARTIES, or as later re-designated pursuant to Article 2, Paragraph B, may, in writing,
informally approve the following types of Budget amendments:
a. Discretionary Federal Awards. If the Federal Award is discretionary in nature, then
the City's agreement liaison may, in writing, informally approve requested
amendments to the Budget that:
(1) Do not increase the maximum Subaward amount; and
(2) Are deemed by the City's Agreement Liaison as being consistent with the
Scope of Services attached as"Exhibit B".
b. Non-Discretionary Federal Awards. If the Federal Awarding Agency'approved the
Budget contemplated in this Agreement, then the City's Agreement Liaison may, in
writing, informally approve amendments to the Budget only upon receipt of written
approval of such amendments by the Federal Awarding Agency.
3. Formal Budget Amendments. Budget amendments that do not meet either requirement of
Paragraph B of this Article may not be informally amended by the City's Agreement Liaison
and, instead, must be made by formal written amendment mutually executed by both parties
to this Agreement.
C. Program Income.
1. 2 CFR § 200.1 ("Definitions"), defines "Program Income" as gross income earned by the
NON-PROFIT DEVELOPER that is directly generated by a supported activity or earned as a
result of the Subaward during the Subaward Period of Performance. Program Income includes
but is not limited to income from fees for services performed, the use or rental or real or
personal property acquired under the Subaward, the sale of commodities or items fabricated
under the Subaward, license fees and royalties on patents and copyrights, and principal and
interest on loans made with Subaward Funds. Interest earned on advances of the Subaward
is not program income. Except as otherwise provided, Program Income does not include
rebates, credits, discounts, and interest earned on any of those items.
2. In the event that the NON-PROFIT DEVELOPER generates Program Income, unless
otherwise directed by the City, in compliance with 2 CFR § 200.307(e)(1) (,-Program
Income"),the NON-PROFIT DEVELOPER shall:
a. Calculate, document, and record such Program Income and its intended use or
uses;
b. Report such Program Income to the City as part of the required Progress Report,
pursuant to Article 13, Paragraph A and Subaward Closeout Procedures, pursuant
to Article 13, Paragraph C.;
C. Add the Program Income to the Subaward and use for continued activities related to
the purposes and conditions of this Subaward.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 8 of 31
Article 10: Reimbursement Requests
A. Payment by Reimbursement. This Subaward shall be paid through reimbursement for actual
funding-eligible costs as permitted by this Agreement. In order to obtain payment, the NON-PROFIT
DEVELOPER shall make funding-eligible expenditures and thereafter submit a "Reimbursement
Request(s)"to the City for such expenditures pursuant to the terms found in this Article and additional
instructions on Exhibit B "Scope of Services"—Item D"Payment Schedule".
B. Form of Reimbursement Requests.All Reimbursement Requests shall clearly indicate the budget
category from which each request is drawing.
C. Minimum Standards for Reimbursement Requests. At minimum, all Reimbursement Requests
submitted by the NON-PROFIT DEVELOPER must:
1. Include enough.detail so that the City is.able to confirm that the NON-PROFIT DEVELOPER
has only requested reimbursement of funding-eligible expenses that were incurred by the
NON-PROFIT DEVELOPER in compliance with the terms of this Agreement.
2. Includes a dated cover letter of the NON-PROFIT DEVELOPER's organization, with a
description defining the period of performance dates which it is has incurred eligible expenses
that is now being requested for reimbursement.
3:• -If the Budget attached as"Exhibit C"has line-items or funding categories,indicate which line-
item or funding category under which each funding-eligible cost is being requested for
reimbursement.
4. Pursuant to 2 CFR § 200.415(a) ("Required Certifications"), include the following federally
required attestation executed by an individual that is able to legally authorized to do so by the
NON-PROFIT DEVELOPER:
"By signing this report, 1 certify to the best of my knowledge and belief
that the report is true, complete, and accurate, and the expenditures,
disbursements and cash receipts are for the purposes and objectives set
forth in the terms and conditions of the Federal Award. I am aware that
any false, fictitious, or fraudulent information, or the omission of any
material fact,may subject me to criminal,civil or administrative penalties
for fraud,false statements,false claims or otherwise.(U.S.Code Title 18,
Section 1001 and Title 31,Sections 3729-3730 and 3801-3812)."
5. By executing this Agreement, the NON-PROFIT DEVELOPER hereby affirms that it
understands that the above are minimum standards for invoices only and are not meant to
represent an exhaustive list of what the City's Agreement Liaison may request or require in
order to consider a Reimbursement Request complete or to approve such request for
reimbursement.
D. Reimbursement Request Frequency and Due Dates. Unless otherwise stated in the "Scope of
Services" attached to this Agreement as "Exhibit B", which hereby supersedes the frequency and
due date for Reimbursement Requests noted in this provision if there is a conflict between the two,
invoices are due as followed:
1. General Reimbursement Requests.The period for submission of General Reimbursement
Requests shall be monthly with such invoices due to the City by the 15"' of the month
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subsequent to the provision of services for which the City is being invoiced.Should the NOW
PROFIT DEVELOPER fail to timely submit its General Reimbursement Request for any
particular month, it accepts the risk that the City may choose not to provide reimbursement for
any expenses the NON-PROFIT DEVELOPER incurred during such month.
2. Initial Reimbursement Request.
a. If the Subaward Period of Performance began on a date prior to the execution of this
Agreement, the NON-PROFIT DEVELOPER shall submit an Initial Reimbursement
Request that covers all funding-eligible expenses for the period of time beginning on
the first day of the Subaward Period of Performance (for this Agreement: UPON
EXECUTION) and ending on the date of execution of.this.Agreement. This Initial
Reimbursement Request shall be submitted no later than the date that the first General
Reimbursement Request is due to the City.
b. This Initial Reimbursement Request shall not be required if the Subaward Period of
Performance and date of execution of this Agreement occur in the same month. If such
occurs,the first General Reimbursement Request may include all expenses made for
that month.
3. Final Invoices. Final Invoices shall be due to the City no later than thirty (15) calendar days
after the expiration or termination of this Agreement or last date of eligible expenditures by the
NON-PROFIT DEVELOPER, whichever the earlier of the dates. '
4. Performance Period with No Expenses. In periods where eligible expenses have not been
incurred by the NON-PROFIT DEVELOPER,the NON-PROFIT DEVELOPER is not required
to submit a General or Initial Reimbursement Request for zero dollars. However, the NON-
PROFIT DEVELOPER may still be required to submit a Progress Report over this same period
in accordance with Article 13.
E. Withholding or Denial of Payment on Reimbursement Requests. The City reserves the right to
withhold or deny payment on any Reimbursement Request if such request:
1. Is incomplete or fails to provide the requisite supporting documentation;
2. Fails to be provided in a timely fashion as determined by the terms of this Agreement;or
3. Indicates expenditures that are not compliant with this Agreement, the Federal Award, or any
directives issued by the Federal Awarding Agency.
Article 11: Payment Terms
A. Local Government Prompt Payment Act. The City shall make payments to the NON-PROFIT
DEVELOPER for work performed, or services provided, pursuant to this Agreement, in accordance
with the Local Government Prompt Payment Act, Section 218.70 et. Seq, Florida Statutes.
B. Federal Funding Availability. The City is only responsible for payments to the NON-PROFIT
DEVELOPER for which the City is provided funding by the Federal Awarding Agency. If the Federal
Awarding Agency determines that a specific cost or expense requested by the NON-PROFIT
DEVELOPER is not permitted to be reimbursed under the terms and conditions of the Federal Award,
the City shall not be responsible for making payment to the NON-PROFIT DEVELOPER for that
specific requested cost or expense. Should the Federal Awarding Agency withhold or deny funding to
the City for any reason, the City may subsequently withhold or deny funding to the NON-PROFIT
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DEVELOPER.
C. Payment Limitations. The City shall not make payments for, or in any way be responsible for,
payment to the NON-PROFIT DEVELOPER for any of the following:
1. Any goods or services provided that do not fall within the "Scope of Services,, attached as
"Exhibit B";
2. Any goods or services that fall within the attached Scope of Services, but that such payment
can be made through a third-party program or insurance provider
D. Prohibition on Duplicative Funding.The NON-PROFIT DEVELOPER may not accept duplicate
funding for any cost;position,service,or deliverable-funded bythe Federal Award:;Duplicative funding
is defined as more than one-hundred percent(100%) payment•from all funding sources for any cost,
position, service, or deliverable. If duplicate funding is discovered,this Agreement may be suspended
while the extent of the overpayment is determined, or may be terminated. Such suspension or
termination may be initiated at the sole discretion of the City.
E. Costs in Excess of Award.Any costs or expenses incurred by the NON-PROFIT DEVELOPER that
exceed the overall Subaward amount set forth in this Agreement, or which are were incurred by the
NON-PROFIT DEVELOPER outside of the Subaward Period of Performance, shall be the sole
responsibility of the NON-PROFIT DEVELOPER.
F. At no point shall the City be expected to, or responsible for, using its general revenue fund dollars or
any non-Federal Award monies to make payment to the NON-PROFIT DEVELOPER for any costs or
expenses incurred by the NON-PROFIT DEVELOPER pursuant or related to this Agreement or the
Federal Award.
G. Funds Paid in Advance. If the NON-PROFIT DEVELOPER is provided Subaward funds in advance
pursuant to this Agreement,the NON-PROFIT DEVELOPER and the City must agree to and execute
the Subaward Advance Terms and Certification attached to this Agreement as"Form 5."Additionally,
the NON-PROFIT DEVELOPER hereby certifies to the City that, if it receives an advance of the
Subaward, it will comply with the following:
1. Federal Advance Requirements.The NON-PROFIT DEVELOPER shall comply with 2 CFR
§200.305(b) ("Federal Payment")and therefore shall:
a. Maintain written procedures that minimize the time elapsing between: (i) the transfer
of funds by the City to the NON-PROFIT DEVELOPER, and (ii) the NON-PROFIT
DEVELOPER's disbursement of those funds for direct project costs and the
proportionate share of any allowable.indirect costs;
b. Review 2 CFR§200.305(b)and maintain financial management systems that comply
with the standards therein for fund control and accountability; and
C. Make timely payment to its contractors and vendors.
Article 12: Return of Funds
A. Unauthorized Expenditures. The NON-PROFIT DEVELOPER shall reimburse the City for all
unauthorized or funding-ineligible expenditures.
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B. Payment(s) in Error.The NON-PROFIT DEVELOPER shall return to the City any payments made to
the NON-PROFIT DEVELOPER that were made in error or were in any manner fraudulent or
inconsistent with the"Scope of Services"attached as"Exhibit B"or the Federal Award("Payment(s)
in Error")
1. In the event that the NON-PROFIT DEVELOPER, or any outside accountant or auditor,
determines that a Payment in Error was made,the NON-PROFIT DEVELOPER shall return to
the City any associated funds no later than ten (10) business days from when the NON-
PROFIT DEVELOPER became aware of such Payment in Error.
2. In the event that the City discovers a Payment in Error,the City shall notify the NON-PROFIT
-DEVELOPER and the,NON-PROFIT DEVELOPER shall return any associated funds to the
City-no later-than�ten (1%—business,days from.the NON-PROFIT.DEVELOPER's receipt of-+
such notice.
C. Federal Disallowance(s).If the Federal Government demands reimbursement from the City due to a
disallowance or finding that an expense or cost for which the City provided Subaward funding to the
NON-PROFIT DEVELOPER was in any way improper or not in compliance with the Federal Award,
the NON-PROFIT DEVELOPER shall return any associated funds to the City within a reasonable time
period as mutually agreed upon by the City and the NON-PROFIT DEVELOPER, or within six (6)
months,whichever is the later of the dates.
D. Delay or Failure to Return Funds.Should the NON-PROFIT DEVELOPER fail to reimburse the City
for any Payment in Error or Federal Disallowance within the time designated, the City may respond
with any number of the following actions:
1. Charge an interest rate as determined by the State of Florida,Chief Financial Officer,pursuant
to Chapter 55, Florida Statutes, on the amount of the overpayment or outstanding balance
thereof. Interest shall accrue from the date of the NON-PROFIT DEVELOPER's initial receipt
of overpayment funds up to the date of reimbursement of said overpayment funds to the City;
2. Withhold any or all future payments until the amount of such overpayment has been recovered
by the City;
3, Terminate this Agreement;
4. Bar the NON-PROFIT DEVELOPER from being considered when issuing future Federal
Subawards or other City agreements;and
5. Pursue any other remedies permitted by law.
Article 13: Progress Reporting and Subaward Closeout
A. Progress Reporting
1. Form of Progress Reports. "Progress Report(s)" shall be delivered to the City on a form
approved by the City's agreement liaison noted in TABLE 1 —THE PARTIES, or as later re-
designated pursuant to Article 2, Paragraph B.
2. Minimum Standards for Progress Reports.At minimum,such Progress Reports must detail
the outputs, outcomes, and progress the NON-PROFIT DEVELOPER has made in
accomplishing the objectives of the "Scope of Services" attached as "Exhibit B." The City
reserves the right to reasonably and unilaterally revise such approved form and request any
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additional supporting documentation from the NON-PROFIT DEVELOPER as it deems
necessary to meet its federal reporting requirements and monitoring obligations.
3. Progress Report Frequency and Due Dates. Unless otherwise stated in the Scope of
Services, which hereby overwrites the frequency and due date of Progress Reports noted in
this provision if there is a conflict between the two, Progress Reports shall be submitted on a
monthly basis and are due by the 15'"of the month subsequent to the provision of services of
which the NON-PROFIT DEVELOPER is reporting.
4. Withholding or Denial of Payment on Reimbursement Requests. Failure to provide the
required -Progress Reports in accordance with this Article may necessitate the City's
withholding of payment on any subsequent Reimbursement Requests and shall be considered
cause for terminatior by the bity pursuant to-the terms of termination in this Agreement. ,_ . ..
5. Advances.If a portion of the Subaward was advanced,failure to provide the required Progress
Reports in accordance with this Article will obligate the NON-PROFIT DEVELOPER to, at the
City's written request, return to the City the balance of any unexpended advanced Subaward
funds:
B. Annual Reporting Information. NON-PROFIT DEVELOPER shall, upon request by the City's
Agreement Liaison or designee, make available NON-PROFIT DEVELOPER data and other
information related to the Scope of Services..This.information will assist.the City in its annual reporting
obligation to the Federal Awarding Agency-by September 30 of each'year and will also be published
on the City's Consolidated Annual Performance and Evaluation Report (CAPER). Information
requested will be related to overall performance, program outcomes and impacts, and program
approaches related to promoting equitable outcomes in the delivery of services.
C. Subaward Closeout.
1. All financial, performance, and other reports as required by the terms of this Subaward must
be submitted to the City no later than (15) days after the end date of the Subaward Period of
Performance.
2. Any earned and expended Program Income generated as a result of this Subaward must be
calculated and documented with justification on its uses related to the purposes and conditions
of the Subaward to the City no later than (15)days after the end date of the Subaward Period
of Performance.
3. The closeout of the Federal Award,or this Subaward, does not affect any of the following:
a. The right of the Federal Awarding Agency or the City to disallow costs and recover
funds on the basis of a later audit or other review. The Federal Awarding Agency or
City must make any cost disallowance determination and notify the NON-PROFIT
DEVELOPER within the record retention period.
b. The requirement for the NON-PROFIT DEVELOPER to return any funds due as a
result of later refunds, corrections, or other transactions including final indirect cost
rate adjustments.
C. The ability of the Federal Awarding Agency to make financial adjustments to a
previously closed award such as resolving indirect cost payments and making final
payments.
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d. Audit requirements in 2 CFR Part 200, Subpart F.
e. Property management and disposition requirements in§§200.310 through 200.316 of
2 CFR Part 200.
f. Records retention as required in§§200.334 through 200.337 of 2 CFR Part 200.
4, After closeout of the Federal Award,or this Subaward,a relationship created under the Federal
Award, or this Subaward,may be modified or ended in whole or in part with the consent of the
Federal Awarding Agency or the City and the NON-PROFIT DEVELOPER, provided the
responsibilities of the NON-PROFIT DEVELOPER;.:including thQse for..,prgpe.rty management..
as applicable,are considered and provisions made for continuing responsibilities of the NON-
PROFIT DEVELOPER, as appropriate.
Article 14: Maintenance, Retention,and Access to Records
A. The NON-PROFIT DEVELOPER, and its subcontractors (if any) that are providing services or
otherwise performing pursuant to this Agreement shall abide by the requirements of this Article.
1. The NON-PROFIT DEVELOPER shall establish and utilize generally accepted accounting
principles,in the maintenance of all records relating'#o thip Agreement.:Such practices shall. m,
comply with the general acceptable accounting principles and shall fully and accurately reflect,
track, and document the NON-PROFIT DEVELOPER's financial activities.
2. The NON-PROFIT DEVELOPER shall establish and maintain separate accounting records for
the NON-PROFIT DEVELOPER's activities in meeting its obligations pursuant to this
Agreement with sufficient documentation to identify the associated expenditures(e.g. detailed
invoices,cancelled checks,payroll journals,bank statement reconciliations,etc.)and establish
that such expenditures are allowable, necessary, and reasonable under this Agreement, the
Federal Award, and any directives issued by the Federal Awarding Agency.
3. The NON-PROFIT DEVELOPER shall furnish the City with any and all data needed for the
purpose of monitoring, evaluation, auditing, and quality assurance. This data shall include
information on the services provided or work performed, and any other data that may be
required by the City, in its sole discretion, to adequately evaluate the NON-PROFIT
DEVELOPER's performance under this Agreement.
4, All records that were created, utilized, or maintained for the purpose of fulfilment of the NON-
PROFIT DEVELOPER's obligations pursuant to this Agreement, whether paper or electronic
("Relevant Records"),shall be retained by the respective record holder for a period of five(5)
years after termination of this Agreement, includirig'any extensions or renewals of this
Agreement.
5. In the event of litigation, claims, or audit findings, all Relevant Records shall be retained for a
period of five(5) years after the resolution of any such event.
6. The NON-PROFIT DEVELOPER shall permit the City, the Federal Awarding Agency, the
Comptroller General of the United States,or any of their authorized representatives to access,
review, or reproduce any and all Relevant Records.
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7. If the"Scope of Services"in"Exhibit " is site-specific, or construction-related,access to the
stated construction or work site shall be provided to the City, the Federal Awarding Agency,
the Comptroller General of the United States, or any of their authorized representatives.
8. The NON-PROFIT DEVELOPER shall ensure that the provisions of this Article are
incorporated into any agreements into which it enters that are related to this Agreement and
the Federal Award.
B. Public Records.
1. Pursuant to Section 119.0701, Florida Statutes, the NON-PROFIT DEVELOPER shall:
a. Keep and maintain public records required by the Citi to oerform the°'service.
b. Upon request from the City, 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 amount set by the City.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of this Agreement's term and following completion of this Agreement if the
NON-PROFIT DEVELOPER does not transfer the records to the City.
d. Upon completion, or termination, of this Agreement,transfer, at no cost,to the City all
public records in possession of the NON-PROFIT DEVELOPER or keep and maintain
public records required by the NON-PROFIT DEVELOPER to perform the service in
accordance with Florida law.
e. If the NON-PROFIT DEVELOPER transfers all public records to the City upon
completion of the Agreement, the NON-PROFIT DEVELOPER shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the NON-PROFIT DEVELOPER keeps and maintains
public records upon completion of this Agreement, the NON-PROFIT DEVELOPER
shall meet all applicable requirements for retaining public records in accordance with
applicable federal and Florida law.
f. All records stored electronically shall be provided to the City, upon request from the
City, in a format that is compatible with the information technology systems of the City.
IF THE NON-PROFIT DEVELOPER HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE NON-PROFIT
DEVELOPER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, THE NON-PROFIT DEVELOPER SHALL CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY CLERK
PO BOX 310
BOYNTON BEACH, FL 33435
Phone: 561-742-6061
Email: CITYCLERKBFL.US
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2. Florida Agencies. If the NON-PROFIT DEVELOPER is an "Agency" as defined by Section
119.011, Florida Statutes, then the NON-PROFIT DEVELOPER shall comply with its own
obligations under Chapter 119, Florida Statutes.The NON-PROFIT DEVELOPER additionally
agrees to cooperate in good faith with the City in the handling of public records created under
this Agreement. Notwithstanding anything set forth in any provision of this Agreement to the
contrary, the NON-PROFIT DEVELOPER will not be required to destroy any records in its
custody in violation of Chapter 119, Florida Statutes.
Article 15: Monitoring Requirements
A. Monitoring. The NON-PROFIT DEVELOPER shall permit the City, the Clerk, or the designees of
either_ such government agency, to. periodically monitor the NON-PROFIT DEVELOPER's
perforrngnpe and..programmatic and financial activities, p.ursuaaZt:to the requirementst,fourd in 2 CFR
--
§ 200.332 ("Requirements for Pass-Through Entities") and any other relevant federal laws,
regulations,or guidance.
B. Letter of Findings.
1. If the City,the Clerk,or the designee of either such government agency,discovers any defect
in the NON-PROFIT DEVELOPER's performance under this Agreement (whether
programmatic,financial,etc.),then a"Letter of Findings"may be provided to the NON-PROFIT
DEVELOPER.
2. The NON-PROFIT DEVELOPER shall respond to any such Letter of Findings with a Corrective
Action Plan and Implementation Schedule,as instructed by the City,the Clerk,or the designee
of either such government agency, within thirty(30) calendar days of the date of the Letter of
Findings. Failure to submit a Corrective. Action Plan and Implementation Schedule shall
constitute a material breach and may result in termination of this Agreement.
3. Nothing in this provision shall obligate the City, the Clerk, or the designee of either such
government agency, to first issue such a "Letter of Findings" to the NON-PROFIT
DEVELOPER prior to the City being permitted to exercise any of its rights in equity, at law, or
as otherwise granted through this Agreement, including but not limited to the right to terminate
this Agreement.
Article 16: Audit Requirements
A. Auditing.The NON-PROFIT DEVELOPER shall comply with the federal auditing requirements found
in 2 CFR Subpart F("Audit Requirements").
B. Authorization to Audit. The City, the Federal Awarding Agency, the Comptroller General of the
United States, or any of their authorized designees shall have the right to -audit NON-PROFIT
DEVELOPER's:
1. Disbursement of the Subaward;
2. Service or program delivery; and
3. Compliance with the terms, conditions, and obligations set forth in this Agreement and the
Federal Award.
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Mandatory a it,Certification,and AuditedFinancial Statement.In determining the federal award
amounts expended during its fiscal year, the NON-PROFIT DEVELOPER shall consider all sources
of federal awards including federal resources received from the State or other agencies,
1. If theNON-PROFIT DEVELOPER expends seven hundred fifty thousand dollars ($750,000)
or more in federal awards during its fiscal year,the NON-PROFIT DEVELOPER must have a
single audit completed and conducted in accordance with 2 CFR § 200. ("Scope of
Audit"), unless the NON-PROFIT DEVELOPER elects to have program-specific audit in
accordance with 2 CFR§200.501(c) ("Audit Requiro en ").
If the NON-PROFIT DEVELOPER expends less than seven hundred fifty thousand dollars
($750,000) in federal awards during the fiscal year,the NON-PROFIT DEVELOPER shall;
a. Provide an annual certification to the City that a single audit w 'not required; and
. Annually submit an Audited Financial Statement to the City,.
. If the NON-PROFIT DEVELOPER is mandated to have -an audit performed due to its
expenditure of seven hundred fifty thousand dollars ($750,000) or more in federal awards
within one fiscal year,that audit must be completed no later than one-hundred and eighty(130)
calendar days after the close of the NON-PROFIT VELA 's fiscal year,
D. Submission of AuditsAudited Financial Statements.
1. The -FRIT DEVELOPER shall submit to the City any and all auditor's report received
y the ®PROFIT DEVELOPER related to its obligations under this Agreement within ton
(10) business days of receipt.
2, A copy of the Single Audit Reporting Package, including the associated management letter,
which was conducted in accordance with 2 CFR § 200.512 ("Report s ion"), or the
applicable Audited Financial Statements, shall be forwarded to the City pursuant to the notice
provision in this Agreement,with a copy prodded to the City at the following:
C4 of Boynton Beach
Department of Financial Services
Attn: Community Improvement Divisi n
100 E Ocean Avenue
Boynton Beach, FL 33435
E. The eral Audit Clearinghouse. Audits must be submitted to the Federal Audit Clearinghouse
either thirty(30)calendar days after receipt of the auditor's report, or nine( ) months after the end of
the entity's fiscal year end date.Such audits shall be submitted electronically via the following website:
hftps.-//harveater.census.gov/facweb/.
R Failure to comply with any requirements in this Article shall be deemed as a breach of this Agreement
and may result in the withholding or denial of any requests for payment or reimbursement to the NOW
PROFIT DEVELOPER,
Article 17: Insurance
A. The NON-PROFIT DEVELOPER agrees to, on a primary basis and at its sole expense, at all times
throughout the duration of this Agreement maintain the following types of insurance coverage with
limits and on farms(including endorsements)as described in this Article,These requirements,as well
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•
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services directly to Vulnerable Person(s). "Vulnerable Person(s)" are minors as defined in
Section 1.01(13), Florida Statutes,or vulnerable adults as defined in Section 415.102, Florida
Statutes.
4. NON-PROFIT DEVELOPERs Providing_Services that are of a Professional Nature,
Professional Liability with a limit of not less than one million dollars($1,000,000)per wrongful
act or claim. For policies written on a claims-made basis, the NON-PROFIT DEVELOPER
agrees to maintain a retroactive date prior to or equal to the effective date of this Agreement.
In the event the policy is cancelled, non-renewed, switched to occurrence form or any other
event that triggers the right to purchase a Supplemental Extended Reporting Period("SEP")
during..the life of this Agreement the NON-PROFIT DEVELOPER agrees to purchase the
SERF With a minimum reporting period of-not less than two years. Purchase of the SERP
shall not relieve the NON-PROFIT DEVELOPER of'the obligation to provide replacement
coverage.
D. Insurance carriers providing coverage required in this "Insurance"subsection must be authorized or
eligible to conduct business in the State of Florida and must possess a current A.M. Best Financial
Strength Rating of A-Class VIII.
E. Any request for an exception to these insurance requirements must be submitted in writing to the City
for approval.
F. The NON-PROFIT DEVELOPER shall provide to the City current certificates of insurance evidencing
all required coverage prior to execution and commencement of any operations/services provided
under this Agreement. In addition to the certificate(s) of insurance the NON-PROFIT DEVELOPER
shall also provide copies of any applicable endorsements as required above.
G. For continuing service contracts, renewal certificates shall be submitted upon request by eithe,r the
City or its certificate management representative. The certificates shall clearly indicate that the NOW
PROFIT DEVELOPER has obtained insurance of the type, amount and classification as required for
strict compliance with this insurance section. No material change or cancellation of the insurance shall
be effective without thirty (30) calendar days prior,written notice to the City. Certificates shall
specifically reference the respective Agreement number.The certificate holder shall read:
City of Boynton Beach, Florida
Attention: Risk Management Department
100 E. Ocean Avenue
Boynton Beach, FL 33435
H. State Agencies or Subdivisions.If the NON-PROFIT DEVELOPER is a"state agency or subdivision"
(as defined by Section 768.28(2), Florida Statutes):
1. Paragraphs A— G of this Article are not applicable. However, such paragraphs do apply to
any of the NON-PROFIT DEVELOPER's subcontractors that are not agencies or political
subdivisions of the State of Florida and must be included by the NON-PROFIT DEVELOPER
in any such subcontracts.
2. Without waiving its right to sovereign immunity as provided in Section 768.28,Florida Statutes,
the NON-PROFIT DEVELOPER may self-insure its liability with coverage limits of one million
Dollars ($1,000,000) per occurrence or such other limited sovereign immunity as set forth by
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the Florida legislature. A statement of self-insurance shall be provided to the City's Risk
Management Department at the address in Paragraph G of this Article.
Article 18: Indemnification,Sovereign Immunity, and Liability
A. Indemnification.The NON-PROFIT DEVELOPER agrees to defend, indemnify,and hold the City, its
officers, officials, employees, agents, and volunteers harmless from and against any and all claims,
injuries, damages, losses or expenses, including without limitation personal injury, bodily injury,
sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to
be caused in whole or in part by an act or omission of the NON-PROFIT DEVELOPER, its officers,
directors, employees, and/or agents relating to the NON-PROFIT DEVELOPER's performance or
failure to perform under this Agreement.This section shall survive the expiration or termination of this
Agreement. .:
B. Sovereign Immunity.
1. Nothing contained in this Article, or in any part of this Agreement, shall constitute a waiver of
the City's sovereign immunity:provisions or protections pursuant to Section 768.28, Florida
Statutes.
2. State Agencies or Subdivisions. If the NON-PROFIT DEVELOPER is a state agency or
subdivision" (as defined by Section 768.28(2), Florida Statutes),-then Paragraph 13.1. of this
Article tapplies to the NON-PROFIT DEVELOPER in the same manner in which it applies to
the City.
C. Liability.
1. Unless otherwise explicitly stated in this Agreement, in no event shall either party be
responsible to the other for any indirect damages, incidental damages, consequential
damages, exemplary damages of any kind, lost goods, lost profits, lost business, or any
indirect economic damages whatsoever regardless of whether such damages arise from
claims based upon contract, negligence, tort (including strict liability or other legal theory), a
breach of any warranty, or a breach,of term of this Agreement.
2. Without waiving any of the provisions or protections under this Agreement or pursuant to
Florida law, under no circumstances shall the City be liable to the NON-PROFIT DEVELOPER
under any contract,negligence,strict liability,or other legal or equitable theory for any amounts
in excess of those limits per claim and per occurrence set forth for tort liability in Section 768.28
of the Florida Statutes,which limits are hereby made applicable to all manner of claims against
the City related to this Agreement and are not confined to tort liability.
D.. State Agencies or Subdivisions.If the NON-PROFIT DEVELOPER is a"state agency or subdivision"
(as defined by Section 768.28(2), Florida Statutes), then Paragraph C.2.of this Article applies to the
NON-PROFIT DEVELOPER in the same manner in which it applies to the City.
Article 19: Independent Contractor, Non-Agent NON-PROFIT DEVELOPER,and Third Parties
A. Independent Contractor. It is understood and agreed that nothing contained in this Agreement is
intended to,or should be construed as,creating or establishing the relationship of copartners between
the parties, or as constituting the NON-PROFIT DEVELOPER as the agent, representative, or
employee of the City for any purpose or in any manner whatsoever.The NON-PROFIT DEVELOPER
is to be,and shall remain,an independent contractor with respect to all services performed under this
Agreement, and that any individuals hired,or performing services or work,pursuant to this Agreement
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shall be considered to be the employee of the NON-PROFIT DEVELOPER for all Purposes, including
but not limited to for any worker's compensation matters.
B. Non-Agent NON-PROFIT DEVELOPER.The Boynton Beach City Commission has not delegated to
any City officer or employee the authority to appoint any agent on the City's behalf regarding the
subject matter of this Agreement. Accordingly, nothing in this Agreement is intended to, or shall be
construed as to, appoint the NON-PROFIT DEVELOPER as an agent of the City. Additionally, no
review or approval of the NON-PROFIT DEVELOPER's services,requests for reimbursement,reports,
or records by the City may be construed as the City appointing the NON-PROFIT DEVELOPER as an
agent of the City.
C. -No,Third-Party Claims. Nothing in this Agreement, express or implied, shall confer to a third-party-
-or-be construed,as conferring to a third-party in anyway any legal or equitable right,'' imp
'ben.efit,-ch a
or remedy of any nature arising under or by reason of this Agreement. Moreover, the Federal
Government, the City, and the employees and/or contractors of each of the foregoing governments,
shall be held harmless from liability to any third parties for claims asserted under this agreement.
Article 20: Confidentiality
A. Confidentiality.
1 The.parties hereby agree to maintain any confidential information transmitted by the other
party over the course of this Agreement confidential to the extent that such confidentiality is
lawfully permitted pursuant to Florida or Federal law.
2. The NON-PROFIT DEVELOPER shall limit disclosure of its Confidential Information to the
minimum necessary to properly perform under this Agreement. The NON-PROFIT
DEVELOPER understands that the City is subject to Florida Public Records laws and that
information that NON-PROFIT DEVELOPER may consider Confidential Information may be
subject to disclosure absent a statutory exemption. In the event a public records request is
made for Confidential . Information of NON-PROFIT DEVELOPER, NON-PROFIT
DEVELOPER shall be responsible for defending its assertion that such records are subject to
an exemption from disclosure and shall indemnify the;City from and against any and all claims,
actions, damages,fees,fines, penalties, defense costs;suits or liabilities which may arise out
of a public records request for NON-PROFIT DEVELOPER's Confidential Information where
NON-PROFIT DEVELOPER asserts an exemption to disclosure
B. Health Insurance Portability and Accountability Act("HIPAA")
1. Generally. If the NON-PROFIT DEVELOPER meets the definition of "Covered Entity," as
defined in 45 CFR§ 160.103, or a"Hybrid Entity," as defined in.45 CRF§ 164.103,then:
a. Before providing any services funded, in whole or in part,through this Agreement that
may cause the NON-PROFIT DEVELOPER to generate Protected Health Information
("PHI") as defined in 45 CFR § 160.103, the NON-PROFIT DEVELOPER must first
obtain legally sufficient medical release authorizations from each individual receiving
such services.
b. Such required medical release authorizations may be limited in scope; however, they
must at least permit the disclosure of any PHI that is in any way related to the
Subaward-funded services that individual(s) receive to the City for reporting,
monitoring, and auditing purposes.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
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C. The City hereby reserves the right to deny payment for any costs the NON-PROFIT
DEVELOPER incurs in its provision of otherwise funding-eligible services to any
individual(s) for whom it does not have a valid and current medical release
authorization as required by this provision.
d. Additionally, the NON-PROFIT DEVELOPER must require any of its subcontractors
for which this provision is applicable to secure such requisite medical release
authorizations as well.
2. Business Associate Agreements. Should the NON-PROFIT DEVELOPER's provision of
services-under this.Agreement require access to PHI generated by the City, then the NOW
PROF'IT-,DEVELOPER,must execute-a Business Associate Agreement that complies Mth,the
standards found in 45 CFR§ 164.504(e).
C. Florida Information Protection Act("FIPA")
1 Pursuant to Section 501.171(g)1., Florida Statutes, "Personal Information"means either of
the following:
a. An individual's first name or first initial and last name in combination with any one or
more of the-following data elements for that individual:
(1) A social security number;
(2) A driver license or identification card number, passport number, military
identification number, or other similar number issued on a government
document used to verify identity;
(3) A financial account number or credit or debit card number, in combination with
any required security code, access code, or password that is necessary to
permit access to an individual's financial account;
(4) Any information regarding an individual's medical history, mental or physical
condition, or medical treatment or diagnosis by a health care professional; or
(5) An individual's health insurance policy number or subscriber identification
number and any unique identifier used by a health insurer to identify the
individual.
b. A user name or e-mail address, in combination with a password or security question
and answer that would permit access to an online account.
2. If, pursuant to this Agreement, the NON-PROFIT DEVELOPER is maintaining, storing, or
processing personal information on behalf of the City, the NON-PROFIT DEVELOPER is the
City's"Third-Party Agent"under FIPA and hereby agrees to comply with all obligations for such
"Third-Party Agents" as detailed in Section 501.171, Florida Statutes. These obligations
include, but are not limited to:
a. Taking reasonable measures to protect and secure data in electronic form containing
personal information; and
Community Development Block Grant Subaward Agreement
'City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 22 of 31
b. Providing notice to the City in the event of a breach of security of the NON-PROFIT
DEVELOPER's system as expeditiously as practicable, but no later than ten (10)
calendar days following the determination of the breach of security or reason to believe
the breach occurred.
3. The NON-PROFIT DEVELOPER shall be responsible and liable for all Costs associated with
any required notices, fines, or fees assessed against the City for any breach of Personal
Information that is the fault of the NON-PROFIT DEVELOPER.
Article 21: Remedies for Noncompliance
A. Remedie.s.,for.Noncompliance.Pursuant to.?,CFR§200.339 ("Remedies for Noncompliance"), if
the,,NOKIPRQFIT DEVELOPER .Wls-'6' comply.,.with .the U.S.--Constitution, federal statutes,-
regulations,
tatutes,-regulations. or the terms and conditions of a Federal Award or any additional conditions that the
Federal Awarding
ing Agency or City may impose, and the Federal Awarding Agency or City determine
that such noncompliance cannot be remedied by imposing additional conditions,the Federal Awarding
Agency or City may take one or more of the following actions,as appropriate in the circumstances:
1 Temporarily withhold cash payments pending correction of the deficiency by the NON-PROFIT
DEVELOPER or more severe enforcement action by the Federal Awarding Agency or City;
2. Disallow(that is, deny both use of funds and any applicable matching credit for) all or part of
the cost of the activity or action not in compliance: -
3. Wholly or partly suspend or terminate this Agreement;
4. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and
Federal Awarding Agency regulations, which may be initiated at the recommendation of the
City;
5. Withhold further Federal Awards for the project or program; or
6. Take other remedies that may be legally available.
Article 22: Termination
A. Termination for Convenience by the C4. Pursuant to 2 CFR Part 200, Appendix 11, Paragraph B,
contracts made pursuant to a Federal Award must address termination for convenience by the City
including the manner by which it will be effected and the basis for settlement. As such, the City may
terminate this Agreement for convenience by providing a written thirty(30)calendar day notice to the
NON-PROFIT DEVELOPER.
B. Termination by the NON-PROFIT DEVELOPER. Pursuant to 2 CFR § 200.340(a)(4), the NOW
PROFIT DEVELOPER may terminate this Agreement upon sending the City written notification setting
forth the reasons for such termination, the effective date, and, in the case of partial termination, the
portion to be terminated. However, in the case of partial termination, if the City determines that the
reduced or modified portion of the Subaward will not accomplish the purposes for which the Subaward
was made, the City may terminate the Subaward in its entirety. Additionally, a NON-PROFIT
DEVELOPER's failure to complete performance on a Subaward in the manner initially agreed upon
may compromise the NON-PROFIT DEVELOPER's ability to receive subawards,other grants,or any
other contract opportunities from the City in the future.
Community Development Block Grant Subaward Agreement
City of Boynton,Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 23 of 31
C. Termination for Cause.
1. Immediate Termination.
a. The City reserves the right of"Immediate Termination"of this Agreement,with such
termination to be effectuated as of the NON-PROFIT DEVELOPER's receipt of written
notice which may be hand-delivered or transmitted by electronic mail to the NON-
PROFIT DEVELOPER's Agreement Liaison noted in TABLE 1 —THE PARTIES,or as
later re-designated pursuant to Article 2, Paragraph B. Notwithstanding the
foregoing, .the City, as a courtesy, may additionally provide the NON-PROFIT
DEVELOPER with such notice in the manner provided in Article 5 ("Notice") of this
Agreement.
b. Immediate Termination pursuant to this provision shall be permitted for any number of
the following reasons:
(1) The Federal Awarding Agency terminates the Federal Award;
(2) Any circumstance under which the City is no longer receiving Federal Award
funds to reimburse the NON-PROFIT DEVELOPER occurs;
(3) The amount invoiced by the NON-PROFIT DEVELOPER meets or exceeds
the amount of the Subaward provided for in this Agreement;
(4) The NON-PROFIT DEVELOPER files bankruptcy or otherwise becomes
insolvent;
(5) The NON-PROFIT DEVELOPER is determined to be ineligible to do business
in the State of Florida;
(6) If the NON-PROFIT DEVELOPER is a non-profit agency, loss of the NON-
PROFIT DEVELOPER's non-profit status; or
(7) As otherwise expressly provided for in this Agreement.
2. Standard Termination for Cause. The City may terminate this Agreement for cause upon
providing a written fourteen(14) calendar day breach of contract and termination notice.Such
termination for cause may be for any material breach of this Agreement, or if the City, using
its sole discretion,determines that the NON-PROFIT DEVELOPER is unable to perform under
this Agreement.
3. Opportunity to Cure. Without creating an obligation to provide an.opportunity to cure or
accept the NON-PROFIT DEVELOPER's proposed cure if such an opportunity is provided,
the City reserves the right to provide the NON-PROFIT DEVELOPER the opportunity to cure
any stated breach. Such opportunity to cure can be used in tandem with, or in lieu of, a Letter
of Findings issued in accordance with Article 15 ("Monitoring Requirements") of this
Agreement. If the City provides such opportunity to cure, shall:
a. Provide the opportunity to cure as a part of the City's breach of contract and termination
notice;and
b. Allot an appropriate deadline by which the NON-PROFIT DEVELOPER must provide
its proposed cure to the City.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 24 of 31
4. In the Event of Wrongful Termination for Cause. If a court of competent jurisdiction
determines that this Agreement was wrongfully terminated for cause, then the NON-PROFIT
DEVELOPER's damages for such termination, if any, shall be the same as if the City
terminated this Agreement for convenience.
D. Reporting to Federal Awarding Agency. If the City determines that termination of this Agreement
was due to the NON-PROFIT DEVELOPER's material failure to comply with the Subaward's terms
and conditions, the City reserves the right to report the NON-PROFIT DEVELOPER to the Federal
Awarding Agency so that it may report the termination to the OMB-designated integrity and
performance system accessible through the federal System of Award Management ("SAM").
E. ..In the Event of Termination. After receipt of a.notice of termination, except as otherwise directed,
the NON-PROFIT DEVELOPER shall take all of the following.actions.-,,-.
1. Pursuant to 2 CFR § 200.339(c), continue to remain responsible for compliance with the
requirements in 2 CFR§§200.344("Closeout")and 200.345("Post-Closeout Adjustments
and Continuing Responsibilities");
2. Within fourteen (14) calendar days, remit to the City any advanced funds paid that have not
yet been recouped by the City(if any);
3. Stop:working..under this Agreement on the date of receipt of thenotice.of.termination unless
otherwise stated in such notice; 1
4. Place no further orders and enter into no further agreements to the extent that either relate to
the performance of the work which was terminated and direct any subcontractors to do the
same;
5. Terminate all orders and subcontracts to the extent that they relate to the performance of the
work,which was terminated;
6. Finalize all necessary reports, invoices,and other documentation required under the terms of
this Agreement up to the date of termination, up to and including the final invoice due at the
end of the project without reimbursement beyond that due as of the date of termination for
services rendered to the termination date;
7. Take any other actions as reasonably directed in writing by the City.
F. Payment in Event of Termination. If this Agreement is terminated before performance is completed,
whether for convenience or cause, the NON-PROFIT DEVELOPER shall be paid for the work or
services satisfactorily performed. In the event the Agreement is terminated for cause,the City shall be
entitled to collect all or part of any funds owed.to.the City by the NON-PROFIT DEVELOPER by
deduction from the reimbursement or payment amount due the NON-PROFIT DEVELOPER. No other
damages,fees, or costs may be assessed against the City for its termination of the Agreement.
G. Force Majeure.
1. The NON-PROFIT DEVELOPER shall not be held responsible for any delay or failure in
performance of any part of this Agreement to the extent such delay or failure is caused by
explosion,war,embargo, government requirement,civil or military authority, pandemic, act of
God, or other similar causes beyond the NON-PROFIT DEVELOPER's control so long as the
NON-PROFIT DEVELOPER's delay is not caused by the NON-PROFIT DEVELOPER's own
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 25 of 31
fault or negligence. Notwithstanding the foregoing, the NON-PROFIT DEVELOPER cannot
claim Force Majeure under this provision for any emergency,exigency,or"Act of God"that is
specifically contemplated within the Scope of Services of this Agreement, or which in any way
existed at the time this Agreement was executed.
2. The above notwithstanding, in order to claim delay pursuant to this provision, the NON-
PROFIT DEVELOPER shall notify the City in writing within seven (7) business days after the
beginning of any such cause that would affect its performance under this Agreement. Failure
to notify the City in a timely manner of any claim of Force Majeure made pursuant to this
provision is cause for termination of this Agreement.
3. If,.the.NQN-PROFIT DEVELOPER's performance is delayed pursuant to this provision fora
- f.period exceeding seven (7) business days from the date-the City-receives the required Force k
Majeure notice,the City shall have the right to terminate this Contract thereafter and shall only
be liable to the NON-PROFIT DEVELOPER for -any work performed pursuant to this
Agreement prior to the date of the City's termination.
4. No other damages, fees, or costs may be assessed against the City for its termination of this
Agreement pursuant to this provision. Nothing in this provision shall prevent the City from
terminating this Agreement for any purpose otherwise expressly stated in this Agreement.
Article 23: General Provisions.(Alphabetical)
A. Assignments and Successors. The parties deem the services to be rendered pursuant to this
Agreement to be personal in nature. Each party binds itself and its partners, successors, executors,
administrators, and assigns to the other party of this Agreement and to the partners, successors,
executors, administrators, and assigns of such other party, in respect to all covenants of this
Agreement. Neither party shall assign,sublet,convey,or transfer its interest in this Agreement without
the written consent of the other,which consent shall be in the sole determination of the party with the
right to consent.
B. Attorneys' Fees and Costs. Unless otherwise expressly stated in this Agreement, the parties shall
each bear their own costs,expert fees,attorneys'fees,and other fees incurred in connection with this
Agreement and any action or proceeding arising out of or relating to this Agreement(an "Action").
C. Conflicts.The NON-PROFIT DEVELOPER shall comply with all applicable local, state, and federal
laws, regulations, executive orders, and the policies, procedures, and directives of the Federal
Awarding Agency. Should there be conflict between the various applicable laws and this Agreement,
the most restrictive shall govern.
D. Construction and Representations. Each party acknowledges that it has had the opportunity to be
represented by...counsel of such party's choice with respect to this Agreement. In view of the foregoing,
and notwithstanding any otherwise applicable principles of construction or interpretation, this
Agreement shall be deemed to have been drafted jointly by the parties and in the event of any
ambiguity, shall not be construed or interpreted against the drafting party. Neither party has relied
upon any representations or statements made by the other party to this Agreement which are not
specifically set forth in this Agreement.
E. Counterparts and Electronic Transmission of Signatures. This Agreement may be executed in
counterparts, both of which shall be deemed an original and which taken together shall constitute one
agreement. Any counterpart may be delivered by any party by electronic transmission of the full
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community.Development Corporation, Inc.
Page 26 of 31
Agreement as executed by that party to the other party as mutually agreed upon by the parties, and
delivery shall be effective and complete upon completion of such transmission.
F. Governing Law. This Agreement shall be considered as having been entered into in the State of
Florida and shall be construed and interpreted in accordance with the laws of that state.
G. Headings. The headings or captions of articles, sections, or subsections used in this Agreement,
including the Table of Contents or Table of Terms and Provisions, are for convenience of reference
only and are not intended to define or limit their contents, nor are they to affect the construction of or
to be taken into consideration in interpreting this Agreement.
H. _Jury Waiver. Each.party.hereby irrevocably waives,to the fullest extent permitted by applicable law,.
any right-thattparty doe&or might have to a mat by jury related to any Action. .
I. Remedies. No remedy conferred upon any party in this Agreement is intended to be exclusive of any
other remedy, and each and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
No single�or partial exercise by any party of any rights, power, or remedy hereunder shall preclude
any other or further exercise thereof.
J. Severability.The provisions of this Agreement are declared by the parties to be severable. However,
the material.provisions of this Agreement are dependent upon one another,and such interdependence
is a material inducement°for-the,Parties to enter,into this Agreement. Therefore, shouldan� material
term, provision, covenant, or condition of this Agreement be held invalid or unenforceable by a court
of competent jurisdiction, the party protected or benefited by such term, provision, covenant, or
condition may demand that the parties negotiate such reasonable alternate contract language or
provisions as may be necessary either to restore the protected or benefited party to its previous
position or otherwise mitigate the loss of protection or benefit resulting from holding.
K. Signatory. Each signatory below represents and warrants that he or she has full power and is duly
authorized by their respective party to enter into and perform under this Agreement. Such signatory
also represents that he or she has fully reviewed and understands the above conditions and intends
to fully abide by the conditions and terms of this Agreement as stated.
L. Survivorship. Those provisions which by their nature are intended to survive the expiration,
cancellation, or termination of this Agreement, including, by way of example only, the indemnification
and public records provisions, shall survive the expiration, cancellation, or termination of this
Agreement.
M. Use of City and NON-PROFIT DEVELOPER Logos. Both parties are prohibited from use of any and
all of the other party's emblems, logos,or identifiers without written permission from that party.
N. Venue. Each of the parties hereby irrevocably submits to the jurisdiction of any federal or state court
of competent jurisdiction sitting in Boynton Beach, Florida, regarding any Action, and further agrees
that any such Action shall be heard and determined in such Florida federal or state court. Each party
hereby irrevocably waives,to the fullest extent it may effectively do so,the defense of an inconvenient
forum to the maintenance of any Action in Boynton Beach, Florida.
O. Waiver. No delay or failure on the part of any party to this Agreement to exercise any right or remedy
accruing to such party upon the occurrence of an event of violation shall affect any such right or
remedy, be held to be an abandonment thereof, or preclude such party from the exercise thereof at
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 27 of 31
any time during the continuance of any event of violation. No waiver of a single event of violation shall
be deemed to be a waiver of any subsequent event of violation.
R Written Modification.
1. No modification of this Agreement shall be binding upon any party to this Agreement unless it
is reduced to writing and is signed by a duly authorized representative of each party to this
Agreement.
2. Notwithstanding the above subparagraph, the parties hereby recognize that the Federal
Awarding Agency may issue unilateral changes to the Federal Award that the City is permitted
to unilaterally"pass-down"to the NON-PROFIT DEVELOPER without formal amendment to
this Agreement.
3. The City shall provide notice such unilateral amendments to the NON-PROFIT DEVELOPER'
in a timely fashion to both by electronic mail to the NON-PROFIT DEVELOPER agreement
liaison noted in TABLE 1 — THE PARTIES, or as later re-designated pursuant to Article 2,
Paragraph B. ,.
4. The NON-PROFIT DEVELOPER hereby agrees to work with the City in good faith to make
any additional amendments to this Agreement as may be necessary pursuant to directive
provided by the'Federal Awarding agency: ,
Article 24: Attachments
The documents provided for in the table below are hereby incorporated by both reference and attachment
and therefore form a material part of this Agreement.
Attachment Attachment Title
Name
Form 1 E-Verify Use and Registration Certification
Form 2 Public Entity Crimes and Scrutinized Companies Certification
Form 3 Small and Minority Business Enterprise ("MBE"),Women Business Enterprise
"WBE" , and Labor Surlus Area Firm Certification
Form 4 Subaward Advance Terms and Certification
Form 5 Leased Employee Affidavit i
Form 6 Federal Suspension and Debarment Certification
Form 7 Certification Regarding Lobbying
Exhibit A Required Information for Federal Subawards Schedule
Exhibit B Scope of Services
Exhibit C Budget
Attachment 1 Insurance Advisory Form
Attachment 2 Uniform Guidance Contract Provisions
Attachment 3 Land Use Restriction Agreement
Appendix Any additional attachments required by the Federal Awarding Agency or�Ciity.
Coversheet
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 28 of 31
Article 25: Entire Agreement
This Agreement, and any documents incorporated, referenced, or attached to this Agreement, sets forth and
constitutes the entire agreement and understanding of the parties with respect to the subject matter of this
Agreement. In regards to such subject matter, this Agreement supersedes any and all prior agreements,
negotiations, correspondence, undertakings, promises, covenants, arrangements, communications,
representations,and warranties,whether oral or written, of any party to this Agreement.
SIGNATURES ON FOLLOWING PAGES]
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 29 of 31
BOYNTON , FLORIDA SIGNATUREPAGE
The City has executed this Agreement on the date set forth below.
BOYNTON BEACH, FLORIDA
By: City Manager
By.
fY®
Date.
ON-PROFIT DEVELOPER SIGNATURE
NE
ON FOLLOWING PAGE
DevelopmentCommunity
City of Boynton Beach and Boynton B ach Faithh Ba ed Communiity D Development Corporation, Inc.
Page 30 of 31
NON-PROFIT DEVELOPER SIGNATURE
BOYNTON BEACH, FLORIDA'S SIGNATURE
ON PREVIOUS PAGE
The NON-PROFIT DEVELOPER has executed this Agreement on the date set forth below.
BOYTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CPO TION, INC.
By: ,max eCGrr�tve ,QiiPP ,�'
NON-PROFIT DEVELOPER Name and Title
Date:
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 31 of 31
Form I
E-Verify Registration and Use Certification
COMPLETION OF THIS FORM IS REQUIRED FOR ALL NON-PROFIT DEVELOPERS
Please note that the City will verify that the NON-PROFIT DEVELOPER has an active registration on https,//e-
verift,gov. If the NON-PROFIT DEVELOPER does not have an active registration not on the E-Verily
website because the Federal Government has not yet updated its website, it must then provide a copy oft e
E-Vert fy Memorandum of Understanding for Employers that the NON-PROFIT DEVELOPER received upon
registration to the City.
E-VERIFY REGISTRATION USE CERT__I I_
The undersigned hereby certifies on behalf of the NON-PROFIT DEVELOPER,that:
A. They have personal knowledge of the factual assertions set forth in this E,Very Use a tad Registration
Certification and Affidavit,
B. The NON-PROFIT DEVELOPER is registered with the United States Department of Homeland
Security's E-Verify system to verify the work authorization status of all employees it during the
term of this Agreement and shall provide evidence of such registration tot City upon request.
C. The NON-PROFIT DEVELOPER does not and shall not employ, contract, or subcontract with an
unauthorized alien, pursuant to Section 448.095, Florida Statutes.
D. The NON-PROFIT DEVELOPER shall require all subcontractors performing or under this
Agreement to provide an affidavit stating that such subcontractors do not employ, contract with, or
subcontract with an unauthorized alien, pursuant to Section 448.095, Florida Statutes.
Pursuant to the binding authority granted to the undersigned, the NON-PROFIT DEVELOPER
hereby certi i that it understands and will comply with Its obligations as stated inti affidavit.
21,
Signaturf NON-PROFIT DEVELOPER Official Title
Representative
Printed Name Date
Community Development Block Grant Subaward Agreement�—Form I
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 1 of 1
Form
Public ti imes and Scrutinized CompaniCertification
COMPLETION OF THIS FORM IS REQUIRED FOR ALL NON-PROFIT DEVELOPERS
® Certification of Complianceit ciFloridates (Public Entity -
The undersigned hereby certifies,on behalf ofthe NON-PROFIT DEVELOPER,that:
A. Neither the IT DEVELOPER, nor one or more of its officers, it c ors, executives,
partners, shareholders, employees, er , or agents who are active in the managementf the
NON-PROFIT DEVELOPER, nor any affiliate of the entity, hes been charged ith and convicted o
public entity crime subsequent to July 1, 1989.
IT DEVELOPER.has not been placedon any convicted vendor lit by the Stateof
Floridaand that it will not utilize any funding rovi pursuant to this Agreement to subcontractWith
y vendor that has been placed on any such convicted vendor list.
C. Th FIT DEVELOPER acknowledges that for the purposes of this certification, t terms
"public n i ,crime," "convicted," an "affiliate," are asdefined in Section 287.133, Florida Statutes,
which the IT DEVELOPER has reviewed prior to the execution of thiscertification.
D. T FIT DEVELOPER acknowledges that the City reserves the right to terminate this
Agreement immediately ( ursu nt to Article 22, Paragraph C ("Termination") of the Agreement)
and take full advantage of any legal remedies available in equity or law should t NON-PROFIT
DEVELOPERfours o:
1. Have falsified its certification of eligibility to bid on,submit a proposal for,or enter into or rens
contract with the City for goods or services pursuant to Section 287.133, Florida Statutes;or
2. Have become ineligible to bid o , submit a proposal for, or enter into or renew contract with
the City for goods or services pursuant to Section 287.133, Floridat tut subsequent t
entering into this re ent with the City.
E. The NON-PROFIT DEVELOPER shall immediately notify the City if at any point duringthe term of the
Agreement, the NON-PROFIT ,VEL 's status under Section 287.133, Floridatut s,
changes in any manner.
Part 2: Certification - li ce with Section , _Florida t tes (Scrutinized Compani
The undersigned hereby certifies, on behalf of the NON-PROFIT DEVELOPER,that:
A. Th - IT DEVELOPER certifies that it is eligible to i on, submit proposal for, or enter
into or rens a contract with the City for goods or services pursuant to Section 287.135, Florida
Statutes.
B. The NON-PROFIT DEVELOPER is not:
1. On the ScrutinizedCompanies that Boycott Israel List, created pursuant to Section 215.4725,
Florida Statutes, and the NON-PROFIT DEVELOPER is not engaged in a boycottof Israel;
Community evelo en lock Grant Subaward Agreement—Form
City of Boynton Beach and Boynton Beach Faith ase Community evelo a Corporation, Inc.
Page 1 of
Form 2
Public Entity Crimes and Scrutinized Companies Certification(Continued)
2. On the "Scrutinized Companies with Activities in Sudan List"or the "Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List,"created pursuant to Section 215.473,
Florida Statutes; or
3. Engaged in business operations in Cuba or Syria.
C. The NON-PROFIT DEVELOPER acknowledges that the City reserves the right to terminate this
Agreement immediately (pursuant to Article 22, Paragraph C ("Termination") of the Agreement)
and take full advantage of any legal remedies available in equity or law should the NON-PROFIT
DEVELOPER be found to:
1. Have falsified its certification of eligibility to bid on,submit a proposal for,or enter into or renew
a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes;or
2. Have become ineligible to bid on, submit a proposal for,or enter into or renew a contract with
the City for goods or services pursuant to Section 287.135, Florida Statute subsequent to
entering into this Agreement with the City.
D. The NON-PROFIT DEVELOPER shall immediately notify the City if at any point during the term of the
Agreement, the NON-PROFIT DEVELOPER's status under Section 287.135, Florida Statutes,
changes in any manner.
Pursuant to the binding authority granted to the undersigned,the NON-PROFIT DEVELOPER hereby
certifies that it understands and will comply with its obligations as stated in both Part 1 and Part 2 this
certification.
4�7
Signatu a of NON-PROFIT DEVELOPER Official Title
Representative /
Printed Name Date
Community Development Block Grant Subaward Agreement—Form 2
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 2 of 2
Form 3
Small and Minority Business Enterprise("MBE"),Women Business Enterprise ("WBEI,),
and Labor Surplus Area Firm Certification
COMPLETION OF THIS FORM IS REQUIRED FOR ALL NON-PROFIT DEVELOPERS
CERTIFICATION OF COMPLIANCE WITH 2,CFR,§100.321
The undersigned hereby certifies on behalf of the NON-PROFIT DEVELOPER, that the NON-PROFIT
DEVELOPER will comply with all oft following should the NON-PROFIT DEVELOPER subcontract using
any portion of the Subaward:
A. When selecting subcontractors and makin g'procurements with the Subaward, the NON-PROFIT
DEVELOPER shall take all necessary affirmative steps to assure that minority businesses, women's
business enterprises, and labor surplus firms are used whenever possible it expending the
Subaward.
B. Pursuant to 2 CFR §200.321, such affirmative steps must include:
1. Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
Z Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
3. Dividing total requirements,' when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses,and women's business enterprises; and
5. Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the Department
of Commerce.
C. The NON-PROFIT DEVELOPER understands that it must pass this obligation down to its
subcontractors(if any).
Pursuant to the binding authority granted to the undersigned, the NON-PROFIT DEVELOPER hereby
certifies tha it understands and will comply with its obligations as stated in this affidavit.
Signature of NON-PROFIT DEVELOPER Official Title
Representative
2�1�yxl
Mrinted Name Date
Community Development Block Grant Subaward Agreement Form 3
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 1 of 1
Form 4
Subaward Advance Terms and Certification
COMPLETION OF THIS FORM IS CONDITIONAL
This form is required for all NON-PROFIT DEVELOPERs that will be receiving an advance of the
Subaward.Will the NON-PROFIT DEVELOPER be receiving an advance pursuant tothis Agreement?E9
If "No" then the NON-PROFIT DEVELOPER may disregard this form. If "Yes" then the NON-PROFIT
DEVELOPER hereby agrees tot following terms and executes the following certification.
Part 1: Subaward,Advance Terms
A. 2 CFR§200.305(b) ("Payment")permits the City to issue advance payments of the Subaward to the
NON-PROFIT DEVELOPER as long as such advanced payments are: (1) limited to the minimum
amBunts needed; and (2)timed to be in accordance with the actual, immediate cash re'quirements of
the NON-PROFIT DEVELOPER in carrying out the Scope of Services.
B. As such,the following "Subaward Advance Budget"was prepared:
C. Based upon the foregoing, the City shall issue an advance of$ 0.00 at the beginning of
the Agreement's term, or when such advance is agreed upon by the parties in writing. All advanced
Subaward funds must be spent no later than thirty (30) calendar days from the NON-PROFIT
DEVELOPER's receipt of the advance.
D. Subaward Advance Reconciliation.
1 The NON-PROFIT DEVELOPER shall provide the City with a Subaward Advance
Reconciliation Report with all documentation necessary(paid invoices, receipts,etc.) showing
that the advance was appropriately spent no later than forty-five (45) calendar days after the
NON-PROFIT DEVELOPER receives the advance of the Subaward.
2. Such Subaward Advance Reconciliation Report must be: (a) executed by the NON-PROFIT
DEVELOPER's authorized representative; and (b) include the federal attestation language
outlined in Article 10, Paragraph C.3. ("Reimbursement Requests").
3. If the NON-PROFIT DEVELOPER failed to expend all of the advanced Subaward funds within
the thirty(30)days provided,the balance of unspent funds shall be deducted from subsequent
invoices received by the City until it is fully exhausted.Any such advanced funds remaining at
the end of the Agreement's term must be returned to the City.
Community Development Block Grant Subaward Agreement—Form 4
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 1 of 2
Form 4
Subaward Advance Terms and Affidavit(Continued)
4. The City reserves its right to suspend any further payments to the NON-PROFIT DEVELOPER
until it receives a sufficient Subaward Advance Reconciliation Report from the NON-PROFIT
DEVELOPER. Nothing in this Form 4 should be construed as limiting the City from pursuing
any additional remedies contemplated in the Agreement or at law
E. The NON-PROFIT DEVELOPER shall comply with all terms found in the Agreement regarding
advances, including but not limited to, those found in Article 11, Paragraph G ("Payment Terms")
and shall provide evidence to the City that it has obtained the Fidelity & Employee Dishonesty
Insurance as contemplated therein.
Part 2: Subaward Advance Certification
The undersigned hereby certifies on behalf®f the NON-PROFIT DEVELOPER,that:
1. The NON-PROFIT DEVELOPER understands and will comply with the Subaward Advance Terms
provided in Part 1 above.
2. The Subaward Advance Budget provided for in Part 1 above is a true and accurate representation of
the NON-PROFIT DEVELOPER's actual, immediate cash requirements for carrying out the Scope of
Services.
3. The NON-PROFIT DEVELOPER shall comply with 2 CFR §200.305(b) and therefore shall maintain
written procedures that minimize the time elapsing between: (1)the transfer of funds by the City to the
NON-PROFIT DEVELOPER, and (2)the NON-PROFIT DEVELOPER's disbursement of such funds
for direct project costs and the proportionate share of any allowable indirect costs.
4. The NON-PROFIT DEVELOPER has reviewed 2 CFR § 200.305(b) and maintains financial
management systems that comply with the standards therein for fund control and accountability.
5. The NON-PROFIT DEVELOPER shall make timely payment to its contractors, vendors, and any
agencies providing services to the NON-PROFIT DEVELOPER pursuant to the Agreement.
6. Should the NON-PROFIT DEVELOPER be found to have mismanaged the Subaward advanced by
the City,the City may consider such mismanagement cause for termination of the Agreement.
Pursuant to the binding authority granted to the undersigned,the NON-PROFIT DEVELOPER hereby
certifies that it understands and will comply with its obligations as stated in this affidavit.
Signature of NON-P OFIT DEVELOPER Official Title
Representative -y--
Printed Name Date
Community Development Block Grant Subaward Agreement—Form 4
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 2 of 2
Form
Leased Employee , vit
COMPLETION IT!
This form is required for all IT DEVELOPERs that will be performingor all of the services in
the Scope of Services "Exhibit " City property.
Question m Will any portion of the services be performed on City rope o. If "No" then the NON-PROFIT
DEVELOPERay disregard this form. I "Yes"then go to"Question "below.
Question ill any portion of the services performed on City Property be performed by leased employees or
pursuant to any type of employee leasing arrangement?Ng If"NIA" or"No"then the NON-PROFIT DEVELOPER
may disregard this form. If"Yes"then the NON-PROFIT DEVELOPER must attest to the following;
LEASEDEMPLOYEE AFFIDAVIT
The undersigned hereby certifies on behalf of the NON-PROFIT LOP R, that;
A. The -PROFIT DEVELOPER hereby certifies that it hasworkers' compensation coverage for al('of my
workers through the employee leasing arrangement specified bel,
Name of Employee Leasing Company-
Workers'Compensation Carrier:
Best ti Carrier:
Inception Date of Leasing rr t®
B. The AJC - R FIT DEVELOPER understands that its contract with the employee leasing company limits its
workers' compensation coverage to enrolled worksite employees only and that the -PROFIT
VP 's leasing arrangement does not cover un-enrolled worksite employees, independent
contractors, uninsured tub-contractors or casual labor exposure. Accordingly, the -PROFIT
DEVELOPER affirms that 100%of its workers are covered as worksite employees with the employee leasing
company.
C, The NON-PROFIT DEVELOPER further certifies that it does not hire any casual or uninsured labor outside
the employee leasing arrangement and hereby agrees to notify the City in the event that it has any workers
not covered by the employee leasing workers' compensation policy. In the event that the NON-PROFIT
DEVELOPER has any workers not subject to the employee leasing arrangement, the NON-PROFIT
DEVELOPER hereby agrees to obtain a separate workers' compensation policy to cover such workers. The
NON-PROFIT DEVELOPER further agrees to provide the City with a certificate of insurance providing proof
of works compensation coverage prier to such workers entering the City's worksite or performing any
obligation pursuant to this Agreement.
D. The NON-PROFIT DEVELOPER hereby agrees to notify the City if its employee leasing arrangement
terminates with the employee leasing company and it understands that it is required to furnish proof of
replacement workers' compensation coverage prior to the termination of the employee leasing arrangement
and further agrees to notify the City in the event that it switches employee-leasingcompanies.
E. The NON-PROFIT DEVELOPER LOP hereby acknowledges that it has an obligation to supply an updated workers'
compensation certificate to the City that documents the change of carrier,
Pursuant to the bindingauthority rant to the undersigned, the NON-PROFIT DEVELOPER hereby
certifies, t i nderstands and will comply with its obligations s stated in this affidavit.
Signat e o NO -PROFIT DEVELOPER Official Title
spree, �ive
Printed` a e Cate
Community evelo ment Block Grant Subaward Agreement—Form 5
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page I of
Form 6
Federal Suspension and Debarment Certification
COMPLETION OF'tHIS FORM IS REQUIRED FOR ALL NON-PROFIT DEVELOPERS
Please note that the City will verify that the NON-PROFIT DEVELOPER has an active registration with SAM.gov on
httvs:/A,wm,SAIM.gov- If the NON-PROFIT DEVELOPER does not have an active registration noted in the SAM.gov
system,then this Agreement will not be executed by the City.
FEDERAL SUSPENSION AND DEBARMENT CERTIFICATION
The undersigned hereby certifies on behalf of the NON-PROFIT DEVELOPER,that:
A. They have personal knowledge of the factual assertions set forth in this Federal Suspension and Debarment
Certification.
,13.. The NON-PROFIT DEVELOPER .complie's with 2 CFRPart 180, Subpart C ("Responsibilities of
Participants Regarding Transactions Doing Business with Other Persons").
C. The NON-PROFIT DEVELOPER is registered and maintains an active registration with SAM.gov and will
maintain an active registration with SAM.gov for the entire term of this Agreement.
D. The NON-PROFIT DEVELOPER does not appear on the SAM Exclusions list and shall notify the City within
five (5) business as if it is added to the SAM Exclusions list, or should its status under the SAM system
change in any way during the term of this Agreement.
E. The, NON-PROFIT DEVELOPER shall include a requirement to comply with 2 CFR Part 180, Subpart C in
any lower tier covered transactions into is it enters.
F. The NON-PROFIT DEVELOPER understands and agrees that the City reserves the right to institute additional
restrictions and conditions to this Agreement, terminate this Agreement, and pursue any other remedy
available under local, state, and federal law, should the NON-PROFIT DEVELOPER: (1) be found to have
misrepresented its SAM.gov status in any manner;or(2)fail to notify the City of any change in its status under
the SAM.gov system.
This certification is a material representation off relied upon by the City. If it is later determined that the NON-
PROFIT DEVELOPER fails to comply with 2 CFR Part 180, Subpart C, in addition to remedies available to the City,
the Federal Government may pursue available remedies, including but not limited to, suspension or debarment.
Pursuant binding authority granted to the undersigned, the NON-PROFIT DEVELOPER hereby
certifies at it derstands and will comply with its obligations as stated in this affidavit
it
S a q, F
ignat re of NOq-PROFIT DEVELOPER Official Title
Representative
Printed Name Date
Community Development Block Grant Subaward Agreement—Form 6
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation,Inc.
Page 1 of 1
Form
Certification ReiLobbying
COMPLETIONIS CONDITIONAL
This is required ll receiving r in an amount that exceeds
Does the Subaward exceed $100,000?Ei
I " "then the NON-PROFIT DEVELOPERdisregard this form. I "Yes"then the NON-PROFIT DEVELOPER
herebyxecut following Certification Regarding Lobbying s required 1 USC § 1
CERTIFICATIONREGARDING
1.
Part 1: .Agreements
Certification , Grants, Loans,and Cooperative
The undersigned certifies on behalf of the NON-PROFIT DEVELOPER that:
A. o Federal appropriated funs have been paid or shall
, II a_paid, or o l o NON-PROFIT
DEVELOPER,to any person for influencing or tino influence an officer or employee of an agency,
Member of Congress, an officer or employee of Congress, or an employeeof a Member of Congressin
connection with the awarding of any Federal contract, the makingof anyFederal grant, the makingof any
Federal loan, the enteringinto of any cooperative agr e n the extension, continuation, rens 1,
amendment, or modification of any Federal contract, grant, loan,or cooperative agr e nt,
B. If anyfunds other than Federal ro ri to funds have beeni or shall be paido any person for influencing
or attempting to influence officer or employee of anyagency,a Member of Congress,an officer employee
oy
of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan,
or cooperative agreement,th NON-PROFIT DEVELOPER shall complete and submit r r
"Disclosure f Lobbying Activities", in accordance with its instructions.
C. Th IT DEVELOPER shall require that the language of this certification a included in thea and
documents for all subawards at all tiers(including subcontracts,sub rants,and contracts under grants,loans,
and cooperative agreements)a that all NON-PROFIT DV s shall certify and discloseaccordingly.
D. This certification is a material representation of fact upon which reliance as placed when this transaction was
de or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed section 1352,title 31, U.S.Code.Any person who fails to file the required rtification
shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure.
Part
®Statement for Loan Guarantees and Loan Insurance
The undersigned certifies on behalfof the NON-PROFIT DEVELOPER that:
A. If anyfunds have been paid or shall be paid to any person for influencing or attempting to influence n officer
oremployee 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 commitment providing for the United States to insure or guarantee
a loan, the NON-PROFIT DEVELOPER shall complete and submit Standard Form-LILL, "Disclosure
Lobbying ctiviti ", in accordance it its instructions.
Community veld ent Block Grant Subaward
_Agreement—Form
City of Boynton Beach and Boynton Beach Faith Based CommunityDevelopment Corporation, Inc.
Page o
Form 7
Certification Regarding Lobbying (Continued)
BSubmission of this statement is a prerequisite for making or entering into this transaction imposed by section
1352,title 31, U.S.Code.Any person who fails to file the required statement shall be subject to a civil penalty
of not less than $10,000 and not more than$100,000 for each such failure.
Pursuant to the binding authority granted to the undersigned,the NON-PROFIT DEVELOPER hereby certifies
that it un stands and will comply with its obligations as stated in both Part I and Part 2 this certification.
Signatbre of NON-PROFIT DEVELOPER ial Title
Representative
Printed Name Date
REMAINDER OF PAGE LEFT BLANK]
Community Development Block Grant Subaward Agreement-Form 7
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 2 of 2
Exhibit A
Required Information for Federal Subawards Table
REQUIRED PURSUANT TO 2 CFR§ 200.332
Federal Requirements Subaward-Specific Information
NON-PROFIT DEVELOPER Name(registered name in Boynton Beach Faith Based Community
SAM.gov): Development Corporation, Inc.
NON-PROFIT DEVELOPER's Unique Entity Identifier GZS6GQ1CQFM9
(UEI):
Federal Award Identification Number(FAIN): N/A(CDBG Multiple Years Rollover Funds)
Federal Award Date: N/A(CDBG Multiple Years Rollover Funds)
Subaward Period of Performance Start and End Date: Start: Upon Execution
End: 09130/2023
Federal Award Budget Period Start and End Date: Start: 10/01/2022 End: 09/30/2023-
Amount of Federal Funds obligated by this action by the $504,000.00
Pass-Through Entity to the NON-PROFIT DEVELOPER:
Total Amount of Federal Funds Obligated to the NON-
PROFIT
OWPROFIT DEVELOPER by the Pass-Through Entity $504,000.00
including the current financial obligation: I
Total Amount of the Federal Award committed to the $504,000.00
NON-PROFIT DEVELOPER by the Pass-Through Entity:
Federal subaward Project Description: Acquisition of Real Property for an Elderly
Rental Housing Program through a Community
Based Development Organization.(the "NON-
PROFIT DEVELOPER").
Name of Federal Awarding Agency: U.S. Department of Housing andUrban
Development
Name of Pass-Through Entity: City of Boynton Beach
Pass-Through Entity's Awarding Official Contact Name: Dan Dugger, City Manager
Information: Email:RmgggQ@htff.us
Phone: 561-742-6010
CFDA Number and Name: Number: 14.228
Name: Community Development Block Grant
Is the Subaward R&D related?: lNo
Is there an indirect cost rate for the Subaward?: No
Requirements of the Federal Award imposed on the Yes, see the terms of the Agreement and
NON-PROFIT DEVELOPER?: attached exhibits and forms.
Are there any additional requirements imposed on NON-
PROFIT
OWPROFIT DEVELOPER in order for the Pass-Through Yes, see the terms of the Agreement and
Entity to meet its own reporting responsibilities to the attached exhibits and forms.
Federal Awarding Agency?:
Is there a requirement that the NON-PROFIT Yes see:Article 14("Maintenance,
DEVELOPER must permit the Pass-Through Entity and Retention, and Access to Records")and
auditors to have access to the NON-PROFIT Article 16 ("Audit Requirements").
DEVELOPER's records and financial statements?:
Are there appropriate terms and conditions concerning Yes, see:Article 13("Progress Reporting
closeout of the Subaward?: and Subaward Closeout")
Community Development Block Grant Subaward Agreement——Exhibit A
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 1 of 1
Exhibit
Scope of Services
A. Scope of Services
In support of the City's objectives in permanently expanding the affordable housing stock within the
City of Boynton Beach, while also addressing the continuing economic impacts of the COVID-19 pandemic,
the NON-PROFIT DEVELOPER shall use the CDBG funds awarded pursuant to this Agreement,toward the
acquisition and purchase four(4)one-bedroom units,to assist with providing affordable rental housing in the
City to households,with at least one member 62 years and older; and whose incomes is at or below 80%of
the current Area Median Income(AMI), as published annually by the U.S. Department of Housing and Urban
Development(HUD).
CDBG funds shall be provided for acquisition and purchasing activities only(inclusive of all soft
costs and closing)and excludes any repair,and rehabilitation of the Property which NON-PROFIT
DEVELOPER may conduct and paid as part of NON-PROFIT DEVELOPER contribution as set forth in
4.
Exhibit C.
The NON-PROFIT DEVELOPER will rehabilitate and rent the completed units to eligible families
meeting the affordability requirements as provided in 24 CFR 92.252 within 12 months after the rehabilitation
of the property is completed. The NON-PROFIT DEVELOPER must submit to the Community Improvement
Manager a project schedule showing that the CDBG-assisted houses will be rehabilitated and rented within
12 months.
B.Acquisition of Property
It is understood that the NON-PROFIT DEVELOPER is purchasing the Property to provide
affordable housing and the scope of this Subaward is to support NON-PROFIT DEVELOPER in its purchase
of the Property. Regardless of the nature or amount of the investment of CDBG funds for purchase of the
Property,the Property shall not be acquired for an amount which exceeds the most recent appraised value
for the Property, plus associated soft costs and closing.
Any purchase agreement must be made subject to the completion of an environmental review
done and approved by the City's Community Improvement Division.
Appraisals to support purchase shall be completed by a qualified appraiser within 30 days after the
final offer is made, but no later than August 31,2023.The appraisal to be furnished should meet all the
necessary requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970,as amended.
The property acquisition must be made in conformance with federal law and the NON-PROFIT
DEVELOPER must disclose the appraisal amount,and the amount of the offer and inform the seller that if
the NON-PROFIT DEVELOPER is unable to agree on a purchase price the CITY will not attempt to acquire
the property using "eminent domain."
The City's Subaward to the NON-PROFIT DEVELOPER for the acquisition of the Property shall be
in compliance with the requirements of Item E, below.
A Land Use Restriction Agreement(LURA), attached as Attachment 3,shall be executed by the
NON-PROFIT DEVELOPER and recorded encumbering the Property at Closing on the Property.
The NON-PROFIT DEVELOPER must provide a copy of the recorded LURA,a Purchase and
Sale Agreement, and Settlement Statement for acquisition and purchase,to be funded by the City in
an amount not exceeding the award as set forth in Exhibit C.
Community Development Block Grant Subaward Agreement—Exhibit
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Exhibit
Scope of Services
The NON-PROFIT DEVELOPER will identify the rental homes/units that will be purchased with CDBG
funds.All CDBG-assisted rental homes/units must be selected based on the following criteria:
1. The proximity to public transportation.
2. The proximity to needed commercial centers.
3. The housing unit must be purchased at fair market value
C. Use and Maintenance of Property; Affordability Period
The NON-PROFIT DEVELOPER agrees to maintain the property and use it as an affordable rental
housing for the elderly. The Property acquired with support from the funds received pursuant to this
Agreement,will continue to be used for eligible households for the defined income limits throughout the
affordability period of 25 years as set forth in the LURA,Attachment 3.
D. Payment Schedule
CDBG funds provided for payment of acquisition costs will be provided in the form of a check or wire
transfer,which may be provided at closing upon request by the NON-PROFIT DEVELOPER. This check or
wire transfer request should include a letter of request on the NON-PROFIT DEVELOPER's official
letterhead accompanied by a purchase and sale agreement and settlement statement with name of the
buyer(NON-PROFIT DEVELOPER)and the seller, property location, all settlement costs, a copy of the
property appraisal;property insurance and flood insurance certification (if applicable), and title insurance to
the property,and wire instructions.The settlement statement shall clearly delineate, by individual line,the
City's portion of costs to be funded. This must be submitted to the City with all required closing information
within fifteen (15) days prior to closing so the funds are to be paid at closing.
E.Timely Expenditure of Funds
Time is of the essence on the use and expenditure of CDBG funds. As such, all CDBG funds as part
of this Agreement must be expended at minimum in the following matter:
100% by September 30, 2023.
In the event that the NON-PROFIT DEVELOPER fails to meet the approved expenditure deadlines
or performance measures,the City may enforce any provisions afforded to it as referenced in Article 21:
Remedies for Noncompliance.
F.Performance Measures
The NON-PROFIT DEVELOPER shall use the CDBG funds for the acquisition of the Property.The
NON-PROFIT DEVELOPER shall fund any additional costs,which may include rehabilitation, repair, and
construction. The Property must meet all state and local property maintenance and building codes.The
NON-PROFIT DEVELOPER will qualify and rent the units to eligible tenants whose income are at or below
80%AMI. The NON-PROFIT DEVELOPER will submit to the Community Improvement Manager a project
schedule showing that the CDBG-assisted houses will be rehabilitated and rented within 12 months.
G. Project Publicity
In order to advance City's interest for public awareness and community engagement, NON-PROFIT
DEVELOPER shall ensure that any news release or other type of publicity pertaining to the project as stated
Community Development Block Grant Subaward Agreement—Exhibit B
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Exhibit B
Scope of Services
herein must recognize the"City of Boynton Beach"as the recipient funded by the U.S. Department of
Housing and Urban Development and the entity that provided funds for the project,
H. Rehabilitation Standards
The NON-PROFIT DEVELOPER will carry out the rehabilitation of the CDBG-assisted properties in
compliance with the rehabilitation standards established and approved by HUD,the CITY and other
applicable laws, codes, and requirements relating to housing safety, quality and habitability, in order rent the
properties.
I. Environmental Review
Al ho mes"Jbniisto 66.rehabilitated must undergo an environmental review and.the file documented
prior to any commitment of funds. City staff will prepare the environmental review checklist. An
environmental review consists of a statutory checklist of required review items and a request to the Florida
State Historic Preservation Officer(SHPO)for a review of historical significance and its impact on the
rehabilitation of houses that are 45 years old or more.City staff will submit a description, maps, and
photographs of the house to the SHPO. Properties with environmental conditions will not be permitted to
proceed under housing activities unless the condition is corrected. No work can start on a site until the
environmental review is complete and approved.
J. Lead-Based Paint
The NON-PROFIT DEVELOPER agrees that the rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24
CFR 570.487 or 24 CFR 570.608, and 24 CFR Part 35, Subpart B(Lead Based Paint Poisoning Preventive
Act). Such regulations pertain to all CDBG-assisted housing and require that all owners, Prospective owners,
and tenants of properties constructed prior to 1978 be properly notified that such properties may include
lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the
symptoms,treatment, and precautions that should be taken when dealing with lead-based paint poisoning
and the advisability and availability of blood lead level screening for children under seven.The notice should
also point out that if lead-based paint is found on the property, abatement measures may be undertaken.
The regulations further require that, depending on the amount of Federal funds applied to a property, paint
testing, risk assessment,treatment, and/or abatement may be conducted. Documentation shall be retained
in the files for compliance with the above statement.
K. Affordability Period Requirements
The parties understand and agree that the Project is designed to increase the number of affordable
rental housing units for seniors in the CITY. To ensure affordability, housing units provided for in this
Agreement must meet the affordability requirements as provided in 24 CFR 92.252. Accordingly, t.he period
that the units must remain affordable must not be less than 25 years. The affordability period is calculated
from the date of initial occupancy. The affordability requirements apply without regard to the term of any
loan or mortgage.
L. Rental of the Property and Participant Eligibility
NON-PROFIT DEVELOPER will to rent the CDBG-assisted Home to Eligible Families with an elderly
individual 62 years or older whose income does not exceed 80%of the Area Median Income(AMI)adjusted
Community Development Block Grant Subaward Agreement—Exhibit B
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Exhibit
Scope of Services
to household size.An approved lease form must be executed with the tenant by the NON-PROFIT
DEVELOPER with a term no less than one year. The NON-PROFIT DEVELOPER will review each
household's income eligibility on an annual basis.
M. Meeting a National Objective
Within 30 days of the rental of the units to an eligible family,the NON-PROFIT DEVELOPER must
submit all records required under this Agreement including tenant's application and Income Certification to
verify that the project has met a CDBG National Objective in accordance with 24 CFR 570.208 (a)(3).
N. Use of Real Property and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall comply with the
following requirements:
1. Real property under the NON-PROFIT DEVELOPER'S control that was acquired or
improved, in whole or in part,with CDBG funds under this Agreement shall be used in
accordance with the CDBG reuse and continued affordability requirements. If the NON-
PROFIT DEVELOPER fails to use CDBG-assisted.real property in a manner that meets
CDBG eligibility, affordability,and benefit requirements within and for the prescribed period
of time,the NON-PROFIT DEVELOPER shall comply with the applicable sections under 24
CFR 570.503, 570.504, and 570.505. Any.real property within the NON-PROFIT
DEVELOPER control that is acquired or improved in whole or part with CDBG funds in
excess.of$25,000 must adhere to CDBG Regulations at 24 CFR 570.505.
2. If the NON-PROFIT DEVELOPER declares bankruptcy or closes operations for any reason,
all assets including real property and equipment which were acquired, in whole or in part,
with CDBG funds under this Agreement shall revert back to the CITY (prorated to reflect the
extent to which funds received under this Agreement were used to acquire the asset).
Equipment and real property not needed by the NON-PROFIT DEVELOPER for activities
under this Agreement shall be(a)transferred to the Grantee for the CDBG program or(b)
retained after compensating the Grantee an amount equal to the current fair market value of
the equipment or real property less the percentage of non-CDBG funds used to acquire the
real property or equipment.
3. The parties further agree that the CITY may use purchase options, right of first refusal,or
other preemptive rights to purchase the real property before foreclosure or deed in lieu of
foreclosure to preserve affordability.
Community Development Block Grant Subaward Agreement—Exhibit B
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
EXHIBIT C
BUDGET
Based on the Scope of Services as set forth in Exhibit B, below is the established budget and
activities for this Agreement:
Project Phase i
CDG Funds
CDBG Funds forAiition .. .......... $504,000.00
.......—
NON-PROFIT DEVELOPER Contribution $125V50.00
$629,750.00
All reimbursemept requests must be supported by an appropriate level of expense documentation,and
progress reporting clearly demonstrating that the applicable progress threshold for the request has been
achieved on the project.
All requests for reimbursement shall adhere to the standards set forth in Article 10: Reimbursement
Requests and Article 11: Payment Terms. Failure for NON-PROFIT DEVELOPER to adhere to these
standards may result in delay of payment and/or disallowance of funding.
Total Estimated Project Cost: $629,750.00
BUDGET
• Estimated Acquisition cost $ 550,000.00(4 units)
• Estimated Closing Cost $ 19,250.00(@ 3.5%of Purchase Price)
• Estimated Insurance $ 12,500.00(@ $2,500/unit)
• Estimated Renovation cost 48000.00
$12,000/unit)
• Total $ 629,750.00
FUNDING ALLOCATION
CDBG Funding: $504,000.00
NON-PROFIT DEVELOPER Contribution: $125,750.00
Community Development Block Grant Subaward Agreement—Exhibit C
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 1 of 1
The following are hereby incorporated into this"Attachment V(insurance Advisory Forrn) by reference:
City of Boynton each
is Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the
City of Boynton Beach as Additional Insured.This is done by providing a Certificate of Insurance listing the City as
"Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance
companies providing insurance coverages must have a current rating by A.M.Best Co.of"B+"or higher. (NOTE.-An
insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.)The
following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City:(NOTE:
This list isnot all inclusive,and the City reserves the right-to require additional types of insurance,or to raise or
lower the stated limits,based upon identified risk.)
----------------------------------------------------------------------------------— --------------------------------------------------------------
TYPE(Occurrence Based Only)MINIMUM LIMITS REQUIRED
-----------------------------------------------------------------------------------------—---------------------------------------------------------
General Liability Ge,neral Aggregate $ 11000,000.00
Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00
Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00
Asbestos Abatement Each Occurrence $ 1,000,000.00
Lead Abatement Fire Damage(any one fire) 50,000.00
Broad Form Vendors Med.Expense(any one person) $5,000.00
Pre mises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Contractors
Fire Legal Liability
----------------------------------------------------------------------------------------------------------------------------------------------------
Professional Liability Aggregate-$1,000,000.00
----------------------------------------------------------------------------------------------------------------------------------------------------
Automobile Liability Combined Single Limit $ 1,000,000.00
Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
----------------------------------------------------------------------------------------------------------------------------------------------------
Excess Liability Each Occurrence to be determined
Umbrella Form Aggregate to be determined
----------------------------------------------------------------------------------------------------------------------------------------------------
Worker's Compensation Statutory Limits
Employer's Liability Each Accident $ 1,000,000.00
Disease,Policy Limit $ 1,000,000.00
Disease Each Employee $ 1,000,000.00
----------------------------------------------------------------------------------------------------------------------------------------------------
Property:
Homeowners Revocable Permit $300,000.00
Builder's Risk Limits based on Project Cost
Installation Floater Limits based on Project Cost
----------------------------------------------------------------------------------------------------------------------------------------------------
Other-As Risk Identified to be determined
-----------------------------------------------------------------------------------------------------------------------------------------------------
INSURANCEADVISORYFORM Revised 04/2021
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
The following are hereby incorporated into this "Attachment 2" (Uniform Guidance Contract Provisions)
by reference:
Note: References to Project herein shall be deemed a reference to the services provided under the contract
with NON-PROFIT DEVELOPER by contractor.
2 CFR Part 200 Uniform Guidance Contract Provisions
(1)Breach of Contract
Contracts for more than the simplified acquisition threshold,which is the inflation adjusted amount determined
by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as
authorized by 41 U.S.C,.1.908, currently set at $250,000.,must.,address administrative, contractual, or legal
remedies in instances where contractors violate or breach-contract terms and provide for such sanctions and
penalties as appropriate. (Contracts for more than the simplified acquisition threshold, currently set at
$250,000)
(2)Termination
All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal
entity including the manner by which it will be affected and the basis for settlement(Contracts in excess of
$10,000). In accordance with 2 CFR 200.341, suspension or termination may occur if the NON-PROFIT
DEVELOPER materially fails to comply with any-term of this Agreement. The Agreement may also be
terminated, by either parties, for convenience in accordance with 2 CFR 200.341, which provides for
termination for mutual convenience, or partial termination for specified reasons.
(3) Equal Employment Opportunity Required Language 41 CFR§60-1.4(b)
Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity,"
(30 FR 12319, 12935, 3 CFR Part 1964-1965 Comp., p.339) as amended by Executive Order 11375 of
October 13, 1967, entitled "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"
and implementing regulations at 41 CFR Part 60, entitled"Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor."Except as otherwise provided under 41 CFR Part 60,
all contracts that meet the definition of"federally assisted construction contract' in 41 CFR Part 60.1.3 must
include the equal opportunity clause provided under 41 CFR 60-1.4(b).
41 C.F.R. Part 60-1.4(b)
During the performance of this contract,the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of
race,color, religion,sex, sexual orientation, gender identity,or national origin.The contractor will take
affirmative action to ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff Or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship.The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the Provisions of this
nondiscrimination clause.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the contractor, state that all qualified applicants will receive considerations for employment without
regard to race, color, religion, sex, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant.
This provisions shall not apply to instance in which an employee who has access to the-compensation
information of other employees or applicants as a part of such employee's essential job functions nctions
discloses the compensation of such other employees or applicants to individuals who do not otherwise
m
have access 1o.-such information, unless -such,disclosure1s in response to a formal co, .pla�int or.
charge, in.the furtherance of an investigation, proceeding, nearing or action, including an investigation
conducted by the employer, or is consistent with the contractors' legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the contractor's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
(5)'The co'ntractor will complyof Executive 0 e
with all provisions Order 11246 of S ptember''24, 196,5,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency and
the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs(1)through (8) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor
or vendor. The contractor will take such action with respect to any subcontract or Purchase order as
the administering agency may direct as a means of enforcing such provisions, including sanctions for
noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering agency
the contractor may request the United States to enter into such litigation to protect the interests of
the United States.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
(4) Contracted Work Hours and Safety Standards
Compliance with Sections 3702 and 3704 of the Contract Work Hours and Safety Standards Act (40 U.S.C,
3701-3708) as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of
the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis
of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that
the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to
construction work and provide that no laborer or mechanic must be required to work in surroundings or under
-working conditions which.are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission.of.intelligence.(Construction contracts in excess Of$100,000 which involve
the employment of mechanics or laborers)
29 C.F.R. §5.5(b)provides Compliance with the Contract Work Hours and Safety Standards Act.
(1)Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
- which may require of involve the employment of laborers or mechanics shall require or permit any
such laborer or mechanic in any workweek in which he or she is employed on such work to work in
excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a
rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
(2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause
set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor
shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to
the United States(in the case of work done under contract for the District of Columbia or a territory,to
such District or to such territory),for liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer or mechanic, including watchmen and guards, employed in
violation of the clause set forth in paragraph (1) of this section, in the sum of$29 for each calendar
day on which such individual was required or permitted to work in excess of the standard workweek
of forty hours without payment of the overtime wages.required by the clause set forth in paragraph (1)
of this section.
(3) Withholding for unpaid wages and liquidated damages. The NON-PROFIT DEVELOPER shall
upon its own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (2) of this section.
(3) Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clauses set forth in paragraph (1) through (4) of this section and also a
clause requiring the subcontractors to include these clauses in any lower tier
subcontracts.The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs(1)through (4)of this section.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
(5)Clean Air and Water
Contractor must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to U.S.Treasury and the Regional Office of the Environmental Protection Agency
(EPA) (Contracts,subcontracts,and subrants of amounts in excess of$150,000)
(6) Debarment and Suspension (Executive Orders 12549 and 12689)
A contract award.(see,,2 CFR 180.220) must not be made to parties listed on the governmentwide Excluded
Parties List System in the System for Award Management(SAM), in accordance with the OMB guidelines at
2 CFR 180 that implement Executive Orders 12549(3 CFR Part 1986 Comp., p. 189)and 12689(3'k-713 Part
1989 Comp.; p. 235);-"-®,ebarMent'and Suspension."The-Excluded Parties List System in SAM c®nteins the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. (Contracts,subcontracts
of amounts in excess of$25,000)
SEPARATE CERTIFICATION DOCUMENTS INCLUDED FOR SIGNATURE
(7) Byrd Anti-Lobbying Amendment
Compliance with the Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an
award of$100,000,or more must file the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of
Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant
or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal
funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from
tier to tier up to the non-Federal award.
SEPARATE CERTIFICATION DOCUMENT INCLUDED FOR SIGNATURE
(8) Procurement of Recovered Materials
The contractor must comply with section 6002 of the Solid Waste Disposal Act,as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated
in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,
where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
(9) Prohibition On Certain Telecommunications And Video Surveillance Services Or Equipment
2 CFR§200.216; Public Law 115-232, Section 889; 2 CFR§200.471
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered
telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential
component; and telecommunications equipment or services have the meaning as defined in FEMA Policy
405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or
Services(Interim),as used in this clause.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub.
L. No. 115-232,and 2 C.F.R.§200.216 prohibit the head of an executive agency on or after Aug.13,2020,
from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain
telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies,the contractor and its subcontractors may
not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency
Management Agency to:
(i) Procure or obtain any equi*pment, system, or seance ce that. uses covered telecommunications
equipment or services as a substantial or essential component of any system,or as critical technology
of any system;
(ii) Enter into,extend,or renew a contract to procure or obtain any equipment,system, or service that
uses covered telecommunications equipment or services as 9 substantial or essential component of
any system, or as critical technology of any system;
(iii)Enter into,.extend,or renew contracts with entities that use covered telecommunications equipment
or services as a substantial or essential component of any system, or as critical technology as part of
any system;or(iv) Provide,as part of its performance of this contract,subcontract,or other contractual
instrument, any equipment, system, or service that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical technology as part of
any system.
(c) Exceptions.
(1)This clause does not prohibit contractors from providing—
(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or
interconnection arrangements; or Contract Provisions Guide 28
(ii)Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into
any user data or packets that such equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that: i. Are not used as a substantial or
essential component of any system;and ii.Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not considered covered
telecommunications equipment or services.
(d) Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services used as a
substantial or essential component of any system, or as critical technology as part of any system, during
contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other
source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or
NON-PROFIT DEVELOPER, unless elsewhere in this contract are established procedures for reporting
the information.
(2)The contractor shall report the following information pursuant to paragraph(d)(1)of this clause:
(i) Within one business day from the date of such identification or notification: The contract number;
the order number(s), if applicable; supplier name; supplier unique entity identifier(if known);supplier
Commercial and Government Entity (CAGE) code (if known); brand; model number (original
equipment manufacturer number, manufacturer part number,or wholesaler number);item description;
and any readily available information about mitigation actions undertaken or recommended.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
(Ii) Within 10 business days of submitting the information in paragraph (d)(2)(1) of this clause: Any
further available information about mitigation actions undertaken or recommended. In addition, the
contractor shall describe the efforts it undertook to prevent use or Submission of covered
telecommunications equipment or services, and any additional efforts that will be incorporated to
prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The contractor shall insert the substance of this clause, including this paragraph. (e), in all
subcontracts and other contractual instruments
(10)Domestic Preference for Procurements
(a)As appropriate and to the extent consistent with law,contractor should,to the greatest extent practicable,
the purchase, acquisition, or use of appOs, products,,,p materials r a S.,produced in the
,United-States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).
The requirements of this section must be included in all subcontracts,including'all contracts and purchase
orders for work or products under this contract.
.,(b)_F..or purposes of this section:
(1) "Produced in the United States" means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the United
States.
(2) "Manufactured products"means items and construction materials composed in whole or in part of
non-ferrous metals such as aluminum;plastics and polymer-based products such as polyvinyl chloride
pipe; aggregates such as concrete; glass, including optical fiber;and lumber.
(111)Contracting with small and minority businesses,women's business enterprise,and labor surplus
area firms (2 CFR §200.321)
The contractor, if subcontracts are to be let, must take all necessary affirmative steps to assure that minority
businesses,women's business enterprises, and labor surplus area firms are used when possible.Affirmative
steps must include:
a. Placing qualified small and minority businesses and women's business enterprises on solicitation
lists;
b. Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority business, and women's business enterprises;
d. Establishing delivery schedules, where the requirement permits, which encourage participation by
small and minority businesses, and women's business enterprises;
e. Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce; and,
f. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in (a)
(e) of this paragraph.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
So
ii.The Fair
r Housing Act,Title VIII-IX of the Civil Rights Act of 1968(42 U.S.C.§ 3601 et seq.), which prohibits
discrimination in housing on the basis of race,color, national origin, sex,familial status, or disability;
iii.Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.§794),which prohibits discrimination
on the basis of handicap under any program or activity receiving or benefitting from federal assistance;
iv.The Age Discrimination Act of 1975, as amended(42 U.S.C.§§6101 et seq.)and Treasury's implementing
regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities
receiving federal financial assistance;and
v. Title. If of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which
prohibits discrimination on the basis.of disability under programs, activities, and services provided or made.
_avai6bile.by state.and 166a1,'gpvern
mentsormtrumentalities or agencies thereto..
(3) Pubilliceltions
Any publications produced with funds from this contract must display the following language: "This project is
being..-supported, in whole or in-part by the Community Development Block Grant awarded to the City of
Boynton Beach, passed through to the Boynton Beach Faith Based Community Development Corporation,
Inc. by the U.S. Department of the Housing and Urban Development."
(4) Increasing Seat Belt Use
The,contractor is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its
employees that operate company-owned vehicles,company-rented vehicles,or personally operated vehicles.
The contractor is to include this provision in each third-party subcontract providing services under this contract.
The terms"company-owned"and"company-leased"refer to vehicles owned or leased either by the Contractor
or NON-PROFIT DEVELOPER.
(5) Reducing Text Messaging while Driving
Contractor is encouraged to adopt and enforce policies that ban text messaging while driving.The contractor
is to include this provision in each third-party subcontract providing services under this contract.
(6)Compliance with State, Local and Federal Requirements
This is an acknowledgement that U.S. Treasury financial assistance may be used to fund all or a portion of
the contract. The contractor and all subcontractors must comply will all applicable federal law, regulations,
executive orders, U.S. Treasury policies, procedures, and directives.
(7) No Obligation by Federal Government
The Federal Govern'ment is not a party to,this contract
ct and is not subject to any obligations or liabilities to the
non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
(8)Program Fraud and False or Fraudulent Statements or Related Acts
The contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements)
applies to the contractors actions pertaining to this contract.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
GOVERNMENT WIDE DEBARMENT AND SUSPENSION
OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 CFR,
Part 180 (including the requirement to include a term or condition in all lower tier covered transactions and
contracts and subcontracts described in 2 CFR, Part 180, Subpart B) requires that the award is subject to 2
CFR, Part 180 and Treasury's implementing regulation at 31 CFR, Part 19.As such,the Contractor shall verify
that its principals,affiliates, and subcontractors are eligible to participate in this federally funded contract and
are not presently declared by any Federal department or agency to be:
a. Debarred from participation in any federally assisted Contract;
b. Suspended from participation in any federally assisted Contract;
c. Proposed for debarment from,participation yinanyfederally assisted Contract;
d. Declared ineligible to participate in any federally assisted Contract;
e. Voluntarily excluded-from participation in any federally assisted Contract;or
f Disqualified from participation in ay federally assisted Contract.
By signing and submitting this form:the bidder or pf6pciter certifies as follows:
The certification in this clause is a material representation of fact relied upon by the City. If it is later determined
by the City that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies
available to the City, the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment.The bidder or proposer agrees to comply with the requirements of 2 CFR, Part
180, Subpart C, as supplemented by 31 CFR, Part 19, while this offer is valid and throughout the period of
any contract that may arise from this offer. The bidder or proposer further agrees to include a provision
requiring such compliance in its lower tier covered transactions.
Date /0-116AK/C.-a O-C
Print Name of Authorized Official
Title wg2l,
Signature of Authorized Official
Company Name &v,,,Z
61 ar
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
CERTIFICATION REGARDING LOBBYING
31 U.S.C. 1352
2 CFR Part 200 Appendix 11(1)
31 CFR Part 21
The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-Lobbying Amendment,
31 U.S.C. § 1352(b)(5),2 CFR Part 200 Appendix 11(1),and 31 CFR Part 21.
The undersigned certifies,to the best of his or her knowledge and belief,that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
-is -per3on-for influencing or attempting tU influence--an- officer-.or-.,eriiplbyee.,o*u�an,ag6ncy, a Member of
Congress, an officer or employee of Congress, or an employee of 6 Member.of Congress in connection
with the awarding of any Federal contract, 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 contract, grant, loan,or cooperative agreement.
.2. If any funds other than Federal appropriated funds have beempaWor 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
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents
for all sub-awards atalltiers (including subcontracts, sub-grants, and contracts under grants, loans, and
cooperative agreements)and that all NON-PROFIT DEVELOPERs shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31, U.S.C. § 1352(as amended by the Lobbying Disclosure Act of 1995).Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to
file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, , certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure,if any.In addition,the Contractor
understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and
disclosure, if any.
Print Name&Title of Authorized OffizrffleIV/_ryW14
Signature of Authorized Official
Company Name __&4e lex le*&C/g��re
Date /a2/A(/,,2,0
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Attachment 3
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
Attn: City Attorney's Office
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425
LAND USE RESTRICTION AGREEMENT
This Agreement i's made and entered into this_day 20---, by and
between the City. of Boynton Beach, a Florida Mun1pipaj Corporation (Hereinafter the CITY) and
Boynton Beach Faith Based Community Development Corporation, a Florida not-for-profit
corporation (Hereinafter referred to as the "NON-PROFIT DEVELOPER").
WHEREAS, the NION-PROFIT DEVELOPER is the current owner of the property located at
more particularly described in Exhibit"A",attached hereto and incorporated herein
("Property");and
WHEREAS, the NON-PROFIT DEVELOPER has agreed to enter into an Agreement with the CITY to
maintain the propertyas affordable rental housing for the elderly for at least 25 years,as further provided
herein,from date of execution of this Agreement;and
WHEREAS, the CITY has determined that continuation of the property as rental housing is clearly
necessaryto assure adequate rental housing opportunityfor low-and moderate-income elderly tenants
within the City of Boynton Beach, Florida; and
WHEREAS, the Property was acquired in part with U.S. Department of Housing and Urban
Development (HUD) — Community Development Block Grant (CDBG) funds and it shall be use in
accordance with HUD's affordability requirements;and
WHEREAS,.in.the event the NON-PROFIT DEVELOPER chooses to sell, prepay, or transfer the
property during t he period of time this Use Agreement is in effect,it will require as a condition that the
purchaser shall commit to maintain the property pursuant to the terms of this Agreement;and
NOW,THEREFORE,in consideration of the mutual covenants contained herein,the parties
agree as follows:
1. The execution and recording of this Agreement shall constitute the ClTys approval
to use CDBG funds in the amount of$504,000.00.
2. The NON-PROFIT DEVELOPER, its successors and assigns, agree that during the period that
it owns the Property, the Property shall be maintained as affordable rental housing, meeting the
affordability requirements as provided in 24 CFR 92.252, as may be amended, for the elderly (at least
one member 62 years and older)whose income is at or below 80%of the current Area Median Income
for at least twenty(25)years from date of the initial occupancy of the Property after execution of this
Agreement. During such period, should the property be sold or transferred,the new owner shall not
utilize project dwelling units for any purpose other than as affordable rental housing, as provided and
under the terms herein.
3. The provisions of this Agreement shall be binding upon the NON-PROFIT DEVELOPER
and 0ny s&cessors or assigns.`
4. The provisions of this Agreement relating to the rental use of the property shall run with the
land and shall be binding for the benefit of, in favor of and enforceable by the CITY. The CITY shall be
entitled to (a) institute legal'action to enforce performance and observance of, (b) enjoin any actions
which are violative of,and(c)exercise any other legal or equitable right or remedy with respect to such
provisions. These rights and remedies will be exercised separately or in combination.Any failure by the
CITY to enforce this Declaration shall not be deemed a waiver of the right to do so thereafter..
5. Except as otherwise provided herein, this Agreement shall not be modified, amended or
released as to any portion of the Property except by written instrument, executed by and approved in
writing by the City Commission of the City of Boynton Beach. The CITY shall execute a written
instrument effectuating and acknowledging such modification, amendment or release. Any
amendment, modification or release of this Declaration shall be recorded in the Public Records of Palm
Beach County, Florida,at the then owner's sole expense.
6. - If any court of competent jurisdiction shall declare any section, paragraph or part of this
Agreement invalid or unenforceable, then such judgment or decree shall have no effect on the
enforcement or validity of any other section, paragraph or part hereof, and the same shall remain in
full force and effect. The agreed upon venue shall be Palm Beach County, Florida.
7., This Declaration shall not become effective and shall not be recorded in the Public Records
of Palm Beach County, Florida, until after approval by the City Manager.
[
SIGNATURES ON FOLLOWING PAGES]
IN WITNESS OF THE FOREGOING,the Parties have set their hands and seals the day and year written
below.
DATED this day of 2022.
CITY OF BOYNTON BEACH
.e Y:, �" rte,_ . y ., •' ej:
CITY MANAGER��7
Attest/Authe nticateqO:
orporate Seal)
City Clerk 0:6
CD V
App as Form;,, �
City Attorney
WITNESSES: Boynton Beach Faith Based Community
Development Corporation, a Florida not-for-
profit corporation
Print Name: By: - -
Name:
Title:
Print Name:
Dated:
STATE OF FLORIDA )
SS:
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid
and in the County aforesaid to take acknowledgments,the foregoing instrument was acknowledged
before me by means of❑ physical presence or❑ online notarization, by as
of Boynton Beach Faith Based Community Development Corporation, Inc., who is
personally known to me or who has produced as identification.
WITNESS my hand and official seal in the County and State last aforesaid this day of n
2022.
Notary Public
Typed, printed or stamped name of Notary Public
My Commission Expires:
EXHIBIT
LEGAL DESCRIPTION
Appendix Cove
Please select one of the choices below.
E There is no Appendix to this Agreement.
❑ There is an Appendix to this Agreement which can be found attached to this"Appendix Coversheet.11
It is as followed:
-Appendix— ' Document Title
No.
0
Community Development Block Grant Subaward Agreement–Appendix Coversheet
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 1 of 1
Community Development Block Grant(CDBG)Subaward Agreement
between
it of Boynton Beach,Florida and Boynton Beach Faith Based Community Development Corporation,inc.
fora CDBG subaward of an amount not to exceed$400,000.00
from a federal award issued by U.S.Department of Housing and Urban Development
for the specific purpose of
Homesteaded Owner-Occupied Limited Rehabilitation for Qualifying Households.
SUBAWARD COVERSHEET
INTERNAL TABLE-FOR CITY INTERNAL USE ONLY
I
City ContractCity Contract No.I Resolution R22-
i i t
inancial Services Department: Community Improvement Division
24 CFR 670.202(a)(1)-Eligible Rehabilitation an_d_P_r�eservation
CDBG Eligible Activity activities-Improvements to Single Family Residential Properties;
_National. ive 24 CFR Part 570.208-1a)(3)
TABLE OF TERMS AND PROVISIONS
Article 1: Standard CDBG For Sud Agreement............................................................. ...........
Article2: The Parties.... ................................ ..................... ........................................
Article 3: Notice of Federal Subaward................... ....... ........ ................................
Article 4: Term of Agreement and Sud Period of Performance........................... 3
Article5: Notice ........ .............................. ................... ................................................. 3
Article 6: SUBRECIPIENT's Obligations and Responsibilities.......................... .................... ...... .......... 3
Article 7: ProcurementArtand Subcony acting Standards............... ......._........................___................ 5 icle 8: Property Standards ................ .....................................
.......................... ......... ............. .................. .......7
Article9: Budget............................................................................................................... ................. 7
Article 10: Reimbursement Requests.................. ............................................................... ........... 8
Article11: Payment Terms.............................................. ................. ................................... ....... ......... ................ ...10
Article 12: Return of Funds............................................................................. .............. 11
Article 13: Progress Reporting and Sud Closeout............... ...... .......................... ............. .............. ..........12
Article 14: Maintenance, Retention, and Access to Records.............. ......................................... ....................
Article 15: Monitoring Requirements.............................................. ...... ......................... ..................................._...15
Article 16:Audit Requirements....... .............................................. ...................................... ...... 15
Article17: Insurance............................................................................_............................ ............ ....... ..........17
Article 18: Indemnification, Sovereign Immunity, and Liability..................... ...................__....... ................ ............_19
Article 19: Independent Contractor, Non-Agent SUBRECIPIENT, and Third Parties............................................ ....19
Article20: Confidentiality......._....................................................................................... ................. ...........................20
Article 21: Remedies for Noncompliance......................................... ..........................—................................... ....22
Article22:Termination......................_........ ............................................................... ........ .................... ....22
Article 23: General Provisions .......................................................... ............................ ................_........... ...25
Article24:Attachments.................................................................................... ................... __._.... .......__...... ....27
Article 25: Entire Agreement......... .................. ....................... ............. ................... ........ ...... ........... .............27
Community Development Block Sud Grant Agreement—Coversheet
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Pagelofi
Article 1: Standard CDBG Subaward Form Agreement
A. This CDBG Subaward Agreement ("Agreement") is a "Standard CDBG Subaward Form
Agreement."Any changes to this standard form shall be noted separately through an amendment to
the Agreement which must be separately executed by the parties to this Agreement in order to be
binding upon the parties.
Article 2: The Parties
A. This Agreement is entered into by and between the two parties indicated in the following table:
TABLE 1 —THE PARTIES
Party#1 Name: City of Boynton Beach(the"City")
Entity Type: A Florida Municipal Corporation
Principal Address:
100 E. Ocean Avenue
Boynton Beach, Florida 33435
Agreement Liaison Name: Dan Dugger, City Manager
Email Address: duggerd@bbfl.us
Party 2: Name: Boynton Beach Faith Based Community Development Corporation, Inc. a
Community Based Development Organization (the"SURECIPIENT")
Entity Type: 501(c)(3) Not-far-Profit
Principal Address:
2191 N Seacrest Blvd.
Boynton Beach, FL 33435
Agreement Liaison Name: Keturah Joseph, Executive Director
Email Address: kjbbfbcdc@yahoo.com
B. The City and the SUBRECIPIENT may unilaterally re-designate their respective agreement liaisons
by providing written notice of such change to the other party in accordance with Article 5("Notice")
of this Agreement.
C. Both the City and the SUBRECIPIENT may be individually referred to as "party" or collectively
referred to as"parties" in this Agreement.
Article 3: Federal Subaward Information
A. Subaward Information. The table below provides basic information regarding the underlying
Subaward pursuant to which this Agreement is being entered.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 1 of 30
TABLE 2—SUAARD INFORMATION
Subaward Project Owner-Occupied Limited Rehabilitation for Qualifying Households
Description: Program through 9a Community Based Development Organization (the
SUBRECIPIENT ).
Awarding Agency U.S. Department of Housing and Urban Development(the "Federal
Description: Awarding Agency")—Community Development Block Grant(the
"Federal Award")—City of Boynton Beach (the "Grantee").
Subaward ID No.: Resolution R22—099
Resolution Date: 08/16/2022
B. Federal Subaward Amount.The amount of the underlying subaward is: $400,000.00.
C. SUBRECIPIENT Compliance with Federal Subaward.At all times during which the SUBRECIPIENT
is performing under this Agreement, the SUBRECIPIENT shall comply with the award terms and
conditions of the underlying Federal subaward, as well as with any guidance provided by the Federal
Awarding Agency.
D. Compliance with the Federal Uniform Guidance. The SUBRECIPIENT shall comply with all
applicable provisions of the Federal Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards as found in 2 CFR Part 200 (the "Uniform Guidance") when
meeting its obligations under this Agreement.
E. References for Emphasis Only.The parties hereby agree that the specific provisions of the Uniform
Guidance—or any other applicable federal, state,or local law—that are referenced in this Agreement
are referenced for emphasis only. The exclusion of a specific applicable provision of law from this
Agreement does not alleviate the SUBRECIPIENT from its obligation to comply with any such
applicable provisions.
F. By executing this Agreement, the SUBRECIPIENT hereby certifies that it has reviewed 2 CFR
Part 200 and any relevant Federal Awarding Agency guidance and that it understands its
obligations pursuant to such federal regulations and guidance.
G. Federal Subaward Amount.The amount of the Federal Subaward issued pursuant to this Agreement
is an amount not to exceed $400,000.00 (the"Subaward").This Agreement's use of"an amount not
to exceed"shall in no way entitle the SUBRECIPIENT to reimbursement or payment of the maximum
amount provided unless such reimbursement or payments have been earned by the SUBRECIPIENT
in accordance with the terms and provisions of this Agreement.
H. Required Information. Any additional information required pursuant to 2 CFR § 200.332
("Requirements for Pass-Through Entities") may be found in the Required Information for Federal
Subawards Schedule attached to this Agreement as"Exhibit A."
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 2 of 30
Article 4: Term of Agreement and Subaward Period of Performance
A. Term of Agreement. The term of this Agreement begins on the date that it is fully executed by both
parties (the "Effective Date") and shall terminate on: 09/30/2023, unless extended or renewed in
accordance with the terms of this Agreement.
B. Subaward Period of Performance.
1. The "Subaward Period of Performance" is the time during which the SUBRECIPIENT may
incur obligations to carry out the work or services authorized under this Agreement. The
SUBRECIPIENT may not invoice for any work completed,or services rendered,outside of the
Subaward Period of Performance. This provision is required pursuant to 2 CFR §
200.332(a)(1)(v).
2. The Subaward Period of Performance of this'Agreement is: UPON EXECUTION to 9/30/2023.
Article 5: Notice
Service of all notices under this Agreement shall be in writing and sent by certified or registered mail or courier
service, postage prepaid, and addressed to the addresses set forth below until such addresses are changed
by written notice. Notices sent by certified/registered mail or courier with signature receipt requested shall be
deemed effective as of date of receipt.
-
TALE 3-NOTICE
To the City: City of Boynton Beach
Attn: Dan Dugger, City Manager
City Manager's Office,4t'. Floor
100 E. Ocean Avenue
Boynton Beach, Florida 33435
To the SUBRECIPIENT: Boynton Beach Faith Based Community Development Corporation, Inc.
Attn: Keturah Joseph, Executive Director
2191 N. Seacrest Blvd.
Boynton Beach, Florida 33435
Article 6: SURECIPIENT's Obligations and Responsibilities
A. Scope of Services.
1. The SUBRECIPIENT shall be responsible for meeting the objectives of this Subaward, as
detailed in the Scope of Services attached to this Agreement as"Exhibit B", in a manner that
is deemed satisfactory by the City and consistent with the standards set forth in this
Agreement,the Federal Award,and any directives or guidance issued by the Federal Awarding
Agency.
2. The SUBRECIPIENT shall not obligate, encumber, spend, or otherwise utilize funds provided
pursuant to this Agreement for any activity or purpose not included in, or in conformance with,
the Scope of Services.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 3 of 30
B. SUBRECIPIENT's Agreement Liaison. The SUBRECIPIENT's agreement liaison identified in
TABLE 1 —THE PARTIES, or as re-designated pursuant to Article 2, Paragraph B above, shall be
available to communicate and meet with the City's agreement liaison and relevant City staff in order
to review the SUBRECIPIENT's performance pursuant to this Agreement. The City reserves the right
to, at no additional cost to the City, require that the SUBRECIPIENT change its agreement liaison if
the City's agreement liaison believes doing so best serves the performance or objectives of the
Subaward,or this Agreement.
C. Licenses and Approvals.The SUBRECIPIENT hereby represents and warrants that it has and will
continue to maintain all licenses, insurances and approvals required to meet its obligations under the
Scope of Services,and that it will at all times conduct its activities in a reputable manner. Proof of such
licenses, insurances and approvals shall be submitted to the City within three (3) business days upon
request:-Failure by-the City to request such proof of licensure, insurance and approvals shall in no
manner be construed as alleviating the SUBRECIPIENT's obligations pursuant to Paragraph C of this
Article, nor shall it be construed as shifting or imposing any liability onto the City.
D. Employees of the SUBRECIPIENT.
1. Skillful Provision of Services.All services or work provided pursuant to this Agreement shall
be performed by the employees, volunteers, associates, or agents of the SUBRECIPIENT(or
of any subcontractor of the SUBRECIPIENT) in a professional and skillful manner.
2. Employee Licensure.Any employee,volunteer, associate, or agent of the SUBRECIPIENT
(or of any subcontractor of the SUBRECIPIENT) whose performance under this Agreement
requires licensure shall have such valid and active licensure for the full duration of their
performance under this Agreement.
3. Removal of Employees.The City may require the SUBRECIPIENT to remove any employee,
volunteer, associate, or agent of the SUBRECIPIENT (or of any subcontractor of the
SUBRECIPIENT)that the City's agreement liaison—using their sole discretion—deems to be
incompetent, careless, or otherwise objectionable from performing work or services related to
this Agreement.The City shall not be responsible for any costs related to such removal.
4. E-Verify Use and Registration Certification. Pursuant to Section 448.095, Florida Statutes,
the SUBRECIPIENT must certify that it is registered with, and uses, the E-Verify system to
verify the work authorization status of all newly hired employees. The SUBRECIPIENT must
further certify that it does not employ,contract with, or subcontract with an unauthorized alien,
and shall provide an affidavit affirming this prior to the effective date of the contract. These
certifications shall be provided by use of the E-Verify Use and Registration Certification found
attached to this Agreement as "Form 2".Violation of s.448.095, Florida Statutes, may result
in the Immediate Termination (as later defined in Article 22 ("Termination")) of this
Agreement.
E. Non-Discrimination.
1. The SUBRECIPIENT shall, at no time during the provision of services funded through this
Agreement, discriminate based on race, color, religion, national origin, sex, or sexual
orientation.
2. The SUBRECIPIENT shall comply with any and all federal, state,and local anti-discrimination
laws, rules, and regulations. For further information about the federal anti-discrimination
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 4 of 30
requirements for this Agreement, see Attachment 2, ("Federal Award and Contract
Terms").
F. Inherently Religious Activities.When expending the Subaward, the SUBRECIPIENT must adhere
to the following conditions:
1. The SUBRECIPIENT must not engage in inherently religious activities, such as worship,
religious instruction, or proselytization, as part of its provision of the services funded in whole
or in part by the Subaward;
2. Such inherently religious activities must be offered separately, in time or location, from the'
Subaward-funded services; and
3. Participation in any inherently religious activities must be purely voluntary for the beneficiaries
of the Subaward-funded services; therefore, the SUBRECIPIENT shall not implicitly or
explicitly condition receipt of any services funded in whole or part by the Subaward on
participation in any inherently religious activities.
G. Public Entity Crimes and Scrutinized Companies.
1. By use of the Public Entity Crimes and Scrutinized Companies Certification attached to this
Agreement as"Form 3,"the SUBRECIPIENT must certify that:
a: The SUBRECIPIENT does not meet the definition of"Scrutinized Company"pursuant
to Section 215.473, Florida Statutes; and
b. The SUBRECIPIENT — or any of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in management of the
SUBRECIPIENT or an affiliate of the SUBRECIPIENT— has not been convicted of a
public entity crime pursuant to Section 287.133(3), Florida Statutes.
2. The City reserves the right of Immediate Termination (as later defined in Article 22
("Termination"))of this Agreement should the SUBRECIPIENT:
a. Be found to have falsified its certification in "Form 3"; or
b. Become ineligible to bid on, submit a proposal for, or enter into or renew a contract
with the City for goods or services pursuant to either Section 287.133, Florida Statutes
("Public Entity Crime; Denial or Revocation of the Right to Transact Business
with Public Entities") or Section 287.135, Florida Statutes ("Prohibition Against
Contracting with Scrutinized Companies") subsequent to entering into this
Agreement with the City.
Article 7: Procurement and Subcontracting Standards
A. Procurement. The SUBRECIPIENT must comply with 2 CFR §§ 200.318-200.327 ("Procurement
Standards") and must use such procedures when expending the Subaward where SUBRECIPIENT
is conducting its own procurement to satisfy the objectives of this Subaward,as detailed in the Scope
of Services, attached as "Exhibit ". Does the SUBRECIPIENT maintain written purchasing
procedures in compliance with the aforementioned federal Procurement Standards? "Yes"or
"No":
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 5 of 30
If"Yes,"then: By executing this Agreement, the SUBRECIPIENT hereby certifies that it
maintains written purchasing procedures in compliance with 2 CFR §§
200.318-200.327 ("Procurement Standards") and will use such procedures
when expending the Subaward.
If"No,"then: By executing this Agreement,the SUBRECIPIENT hereby certifies that it does
iY not maintain written purchasing procedures that are in compliance with 2 CFR
§§ 200.318-200.327 ("Procurement Standards"). As such, the
SUBRECIPIENT hereby agrees to develop and use written purchasing
procedures in compliance with the Procurement Standards for expending the
Subaward OR agrees to use the City's Purchasing Policy Manual. The City's
Purchasing.Policy Manual can be obtained by contacting the City's Purchasing
Manager at 561-742-6322 or PintoK@bbfl.us
B. Simplified Acquisition Threshold. The "Simplified Acquisition Threshold" means the dollar
amount below which a non-Federal entity may purchase property or services using small purchase
methods. For the purposes of this Subaward, the Simplified Acquisition Threshold is: $250,000.00.
The Simplified Acquisition Threshold provided for in this Agreement is the one that the
SUBRECIPIENT—and any of its sub-SUBRECIPIENTs—must use when making its expenditures of
the Subaward. If SUBRECIPIENT is utilizing the City's purchasing procedures,SUBRECIPIENT must
use the City's more restrictive(lower) simplified acquisition threshold.
C. Subcontracting.
1. Federally Required Contract Provisions and Award Terms and Conditions. The
SUBRECIPIENT shall insert the relevant contract provisions and certification documents
identified in Appendix II of 2 CFR Part 200 ("Contract Provisions for Non-Federal Entity
Contracts Under Federal Awards") applicable award terms into all contracts into which it
enters while expending the Subaward. The City has provided a copy of such Federal Award
and Contract Terms, which are attached as "Attachment 2."
2. Small and Minority Business Enterprises ("MBE"), Women Business Enterprises
(" E"),and Labor Surplus Area Firms.The SUBRECIPIENT must execute the Small and
Minority Business Enterprise ("MBE'), Women Business Enterprise rWBE'), and Labor
Surplus Area Firm Certification attached as "Form 4" stating that the SUBRECIPIENT shall
take the "Five Affirmative Steps" regarding Small and Minority Business Enterprise, Women
Business Enterprises, and Labor Surplus Area Firms in the solicitation and selection of
subcontractor(s)or procurements as required by the Federal Government in 2 CFR§200.321.
3. Engaging in subcontracting, pursuant to this Agreement without complying with the
requirements of this article is strictly prohibited.
D. Sub-Subawards.
1. Approval by the City. The SUBRECIPIENT shall not issue sub-subawards to any non-
Federal entity without first receiving approval from the City.
2. Pass-Through Requirements.
a. The SUBRECIPIENT must pass through all obligations of the Federal Award and any
placed upon the SUBRECIPIENT under this Agreement to any of its sub-
SUBRECIPIENTs through a federally-compliant SUBRECIPIENT agreement.
Community Development Block Grant Subaward Agreement
City of:Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 6 of 30
b. The SUBRECIPIENT must comply with all provisions of 2 CFR § 200.332
("Requirements for Pass-Through Entities")and any other applicable provisions of
the Uniform Guidance when issuing a Subaward to a sub-SUBRECIPIENT.
E. SUBRECIPIENT/Contractor Determinations. Prior to entering into an agreement with a third-party
entity that is in part or in whole funded by the Subaward,the SUBRECIPIENT shall analyze the nature
of such agreement pursuant to the provisions of 2 CFR§200.331 ("SUBRECIPIENT Subcontractor
Determinations")to determine which type of relationship and requirements apply.
Article 8: Property Standards
A. By executing this Agreement,the SUBRECIPIENT hereby certifies that it shall comply with 2 CFR§§
200.310-200.316("Property Standards")and will'use such procedures when handling and managing
any supplies,equipment, real estate, or other property procured with any portion of the Subaward.
B. The SUBRECIPIENT shall maintain inventory records of all supplies,equipment, real estate,and other
property procured with the Subaward and may not to sell,transfer,encumber,or otherwise dispose of
any such property,without the written permission of the City, in which case the procedure in 2 CFR§§
200.311 shall be adhered to.
Article 9: Budget
A. Approved Budget..The City-approved Budget for the Subaward is attached to this Agreement as
"Exhibit C" and shall be the basis for which the City provides payment to the SUBRECIPIENT.
B. Budget Amendments.
1. In General. Requests to amend the Budget contemplated in this Agreement:
a. Must be received by the City no later than forty-five(45)days prior to the expiration of
this Agreement's term;
b. Shall be made prior to the SUBRECIPIENT incurring any expenses that are not
expressly provided for in the Budget,and
C. Shall be considered and approved at the sole discretion of the City.
2. Informal Budget Amendments. The City's Agreement Liaison noted in TABLE 7 — THE
PARTIES, or as later re-designated pursuant to Article 2, Paragraph B, may, in writing,
informally approve the following types of Budget amendments:
a. Discretionary Federal Awards. If the Federal Award is discretionary in nature, then
the City's agreement liaison may, in writing, informally approve requested
amendments to the Budget that:
(1) Do not increase the maximum Subaward amount;and
(2) Are deemed by the City's Agreement Liaison as being consistent with the
Scope of Services attached as"Exhibit ".
b. Non-Discretionary Federal Awards. If the Federal Awarding Agency approved the
Budget contemplated in this Agreement, then the City's Agreement Liaison may, in
writing, informally approve amendments to the Budget only upon receipt of written
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 7 of 30
approval of such amendments by the Federal Awarding Agency.
3. Formal Budget Amendments. Budget amendments that do not meet either requirement of
Paragraph B of this Article may not be informally amended by the City's Agreement Liaison
and, instead, must be made by formal written amendment mutually executed by both parties
to this Agreement.
C. Program Income.
1. 2 CFR § 200.1 ("Definitions"), defines "Program Income" as gross income earned by the
SUBRECIPIENT that is directly generated by a supported activity or earned as a result of the
Subaward during the Subaward Period of Performance. Program Income includes but is not
limited to income from fees for-services performed, the use or.rental 'or real or personal
property acquired under the Subaward,the sale of commodities or items fabricated under the
Subaward, license fees and royalties on patents and copyrights,and principal and interest on
loans made with Subaward Funds. Interest earned on advances of the Subaward is not
program income. Except as otherwise provided, Program Income does not include rebates,
credits, discounts, and interest earned on any of those items.
2. In the event that the SUBRECIPIENT generates Program Income, unless otherwise directed
by the City, in compliance with 2 CFR § 200.307(e)(1) ("Program Income"), the
SUBRECIPIENT shall:
a. Calculate, document, and record such Program Income and its intended use or
uses;
b. Report such Program Income to the City as part of the required Progress Report,
pursuant to Article 13, Paragraph A and Subaward Closeout Procedures, pursuant
to Article 13, Paragraph C.;
C. Add the Program Income to the Subaward and use for continued activities related to
the purposes and conditions of this Subaward.
Article 10: Reimbursement Requests
A. Payment by Reimbursement. This Subaward shall be paid through reimbursement for actual
funding-eligible costs as permitted by this Agreement. In order to obtain payment,the SUBRECIPIENT
shall make funding-eligible expenditures and thereafter submit a "Reimbursement Request(s)" to
the City for such expenditures pursuant to the terms found in this Article.
B. Form of Reimbursement Requests. All Reimbursement Requests shall clearly indicate the budget
category from which each request is drawing.
C. Minimum Standards for Reimbursement Requests. At minimum, all Reimbursement Requests
submitted by the SUBRECIPIENT must:
1. Include enough detail so that the City is able to confirm that the SUBRECIPIENT has only
requested reimbursement of funding-eligible expenses that were incurred by the
SUBRECIPIENT in compliance with the terms of this Agreement.
2. Includes a dated cover letter of the SUBRECIPIENT's organization,with a description defining
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the period of performance dates which it is has incurred eligible expenses that is now being
requested for reimbursement.
3. If the Budget attached as"Exhibit C"has line-items or funding categories, indicate which line-
item or funding category under which each funding-eligible cost is being requested for
reimbursement.
4. Pursuant to 2 CFR § 200.415(a) ("Required Certifications"), include the following federally
required attestation executed by an individual that is able to legally authorized to do so by the
SUBRECIPIENT:
"By signing this report, I certify to the best of my knowledge and belief
that the report is true,-complete, and accurate, and the expenditures,
disbursements and cash receipts are for the purposes and objectives set
forth in the terms and conditions of the Federal Award. I am aware that
any false, fictitious, or fraudulent information, or the omission of any
material fact,may subject me to criminal,civil or administrative penalties
for fraud,false statements,false claims or otherwise.(U.S.Code Title 18,
Section 1001 and Title 31,Sections 3729-3730 and 3801-3812)."
5. By executing this Agreement,the SUBRECIPIENT hereby affirms that it understands that the
above are minimum standards for invoices only and are not meant to represent an exhaustive
list of what the City's Agreement Liaison may request or require in order to consider a
Reimbursement Request complete or to approve such request for reimbursement.
D. Reimbursement Request Frequency and Due Dates. Unless otherwise stated in the Scope of
Services attached to this Agreement as"Exhibit B",which hereby supersedes the frequency and due
date for Reimbursement Requests noted in this provision if there is a conflict between the two,invoices
are due as followed:
1. General Reimbursement Requests. The period for submission of General Reimbursement
Requests shall be monthly with such invoices due to the City by the 15"' of the month
subsequent to the provision of services for which the City is being invoiced. Should the
SUBRECIPIENT fail to timely submit its General Reimbursement Request for any particular
month, it accepts the risk that the City may choose not to provide reimbursement for any
expenses the SUBRECIPIENT incurred during such month.
2. Initial Reimbursement Request.
a. If the Subaward Period of Performance began on a date prior to the execution of this
Agreement, the SUBRECIPIENT shall submit an Initial, Reimbursement Request that
covers all funding-eligible expenses for the period of time beginning on the first day of
the Subaward Period of Performance (for this Agreement: UPON EXECUTION) and
ending on the date of execution of this Agreement.This Initial Reimbursement Request
shall be submitted no later than the date that the first General Reimbursement Request
is due to the City.
b. This Initial Reimbursement Request shall not be required if the Subaward Period of
Performance and date of execution of this Agreement occur in the same month. If such
occurs,the first General Reimbursement Request may include all expenses made for
that month.
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3. Final Invoices. Final Invoices shall be due to the City no later than thirty (15) calendar days
after the expiration or termination of this Agreement or last date of eligible expenditures by the
SUBRECIPIENT,whichever the earlier of the dates.
4. Performance Period with No Expenses. In periods where eligible expenses have not been
incurred by the SUBRECIPIENT, the SUBRECIPIENT is not required to submit a General or
Initial Reimbursement Request for zero dollars. However, the SUBRECIPIENT may still be
required to submit a Progress Report over this same period in accordance with Article 13.
E. Withholding or Denial of Payment on Reimbursement Requests. The City reserves the right to
withhold or deny payment on any Reimbursement Request if such request:
1. Is incomplete or fails to provide,the requisite supporting documentation;
2. Fails to be provided in a timely fashion as determined by the terms of this Agreement; or
3. Indicates expenditures that are not compliant with this Agreement,'the Federal Award, or any
directives issued by the Federal Awarding Agency.
Article 11: Payment Terms
A. Local Government Prompt Payment Act.The City shall make payments to the SUBRECIPIENT on
a.,reimbursement basis for work performed, or services provided, pursuant to this Agreement, in
accordance with the Local Government Prompt Payment Act,Section 218.70 et.Seq, Florida Statutes.
B. Federal Funding Availability. The City is only responsible for payments to the SUBRECIPIENT for
which the City is provided funding by the Federal Awarding Agency. If the Federal Awarding Agency
determines that a specific cost or expense requested by the SUBRECIPIENT is not permitted to be
reimbursed under the terms and conditions of the Federal Award,the City shall not be responsible for
making payment to the SUBRECIPIENT for that specific requested cost or expense. Should the
Federal Awarding Agency withhold or deny funding to the City for any reason, the City may
subsequently withhold or deny funding to the SUBRECIPIENT.
C. Payment Limitations. The City shall not make payments for, or in any way be responsible for,
payment to the SUBRECIPIENT for any of the following:
1. Any goods or services provided that do not fall within the Scope of Services attached as
"Exhibit B";
2. Any goods or services that fall within the attached Scope of Services, but that such payment
can be made through a third-party program or insurance provider
D. Prohibition on Duplicative Funding.The SUBRECIPIENT may not accept duplicate funding for any
cost, position, service, or deliverable funded by the Federal Award. Duplicative funding is defined as
more than one-hundred percent (100%) payment from all funding sources for any cost, position,
service,or deliverable. If duplicate funding is discovered,this Agreement may be suspended while the
extent of the overpayment is determined, or may be terminated. Such suspension or termination may
be initiated at the sole discretion of the City.
E. Costs in Excess of Award.Any costs or expenses incurred by the SUBRECIPIENT that exceed the
overall Subaward amount set forth in this Agreement, or which are were incurred by the
SUBRECIPIENT outside of the Subaward Period of Performance, shall be the sole responsibility of
the SUBRECIPIENT.
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F. At no point shall the City be expected to, or responsible for, using its general revenue fund dollars or
any non-Federal Award monies to make payment to the SUBRECIPIENT for any costs or expenses
incurred by the SUBRECIPIENT pursuant or related to this Agreement or the Federal Award.
Article 12: Return of Funds
A fund Unat orized gibe expend t es The SUBRECIPIENT shall reimburse the City for all unauthorized or
B. Payment(s) in Error. The SUBRECIPIENT shall return to the City any payments"made to the
SUBRECIPIENT that were made in error or were in any manner fraudulent or inconsistent with the
Scope of Services attached as "Exhibit "or the Federal Award ("Payment(s)in Error").
1. In the event that the SUBRECIPIENT, or any outside accountant or auditor, determines that a
Payment in Error was made,the SUBRECIPIENT shall return to the City any associated funds
no later than ten (10) business days from when the SUBRECIPIENT became aware of such
Payment in Error.
2. In the event that the City discovers a Payment in Error,the City shall notify the SUBRECIPIENT
and;the SUBRECIPIENT shall return any associated funds to the City no later than ten (1.0)
business days from the SUBRECIPIENT's receipt of such notice.
C. Federal Disallowance(s). If the Federal Government demands reimbursement from the City due to a
disallowance or finding that an expense or cost for which the City provided Subaward funding to the
SUBRECIPIENT was in any way improper or not in compliance with the Federal Award, the
SUBRECIPIENT shall return any associated funds to the City within a reasonable time period as
mutually agreed upon by the City and the SUBRECIPIENT, or within six(6) months, whichever is the
later of the dates.
D. Delay or.Failure to Return Funds. Should the SUBRECIPIENT fail to reimburse the City for any
Payment in Error or Federal Disallowance within the time designated, the City may respond with any
number of the following actions:
1. Charge an interest rate as determined by the State of Florida,Chief Financial Officer,pursuant
to Chapter 55, Florida Statutes, on the amount of the overpayment or outstanding balance
thereof. Interest shall accrue from the date of the SUBRECIPIENT's initial receipt of
overpayment funds up to the date of reimbursement of said overpayment funds to the City;
2. Withhold any or all future payments until the amount of such overpayment has been recovered
by the City;
3. Terminate this Agreement;
4. Bar the SUBRECIPIENT from being considered when issuing future Federal Subawards or
other City agreements; and
5. Pursue any other remedies permitted by law..
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Article 13: Progress Reporting and Subaward Closeout
A. Progress Reporting
1. Form of Progress Reports. "Progress Report(s)" shall be delivered to the City on a form
approved by the City's agreement liaison noted in TABLE 1 —THE PARTIES, or as later re-
designated pursuant to Article 2,Paragraph B.
2. Minimum Standards for Progress Reports.At minimum;such Progress Reports must detail
the outputs, outcomes, and progress the SUBRECIPIENT has made in accomplishing the
objectives of the Scope of Services attached as"Exhibit ."Further,in the event any Program
Income has been...earned over the period, SUBRECIPIENT will report on the Program Income
earned and expended to include whether it was related to the purposes and conditions of this
Subaward. The'City reserves the right to reasonably and unilaterally revise such approved
form and request any additional supporting documentation from the SUBRECIPIENT as it
deems necessary to meet its federal reporting requirements and monitoring obligations.
3. Progress Report Frequency and Due Dates. Unless otherwise stated in the Scope of
Services, which hereby overwrites the frequency and due date of Progress Reports noted in
this provision if there is a conflict between the two, Progress Reports shall be submitted on a
monthly basis and are due by the 15th of the month subsequent to the provision of services of
which the SUBRECIPIENT is reporting.
4, Withholding or Denial of Payment on Reimbursement Requests. Failure to provide the
required Progress Reports in accordance with this Article may necessitate the City's
withholding of payment on any subsequent Reimbursement Requests and shall be considered
cause for termination by the City pursuant to the terms of termination in this Agreement.
B. Annual Reporting Information.SUBRECIPIENT shall,upon request by the City's Agreement Liaison
or designee, make available SUBRECIPIENT data and other information related to the Scope of
Services.This information will assist the City in its annual reporting obligation to the Federal Awarding
Agency-by September 30 of each year and will also be published on the City's Consolidated Annual
Performance and Evaluation Report (CAPER). Information requested will be related to overall
performance, program outcomes and impacts, and program approaches related to promoting
equitable outcomes in the delivery of services.
C. Subaward Closeout.
1. All financial, performance, and other reports as required by the terms of this Subaward must
be submitted to the City no later than (15) days after the end date of the Subaward Period of
Performance.
2. Any earned and expended Program Income generated as a result of this Subaward must be
calculated and documented with justification on its uses related to the purposes and conditions
of the Subaward to the City no later than (15)days after the end date of the Subaward Period
of Performance.
3. The closeout of the Federal Award, or this Subaward, does not affect any of the following:
a. The right of the Federal Awarding Agency or the City to disallow costs and recover
funds on the basis of a later audit or other review. The Federal Awarding Agency or
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City must make any cost disallowance determination and notify the SUBRECIPIENT
within the record retention period.
b. The requirement for the SUBRECIPIENT to return any funds due as a result of later
refunds,corrections,or other transactions including final indirect cost rate adjustments.
C. The ability of the Federal Awarding Agency to make financial adjustments to a
previously closed award such as resolving indirect cost payments and making final
payments.
d. Audit requirements in 2 CFR Part 200, Subpart F.
e. Property management and-disposition requirements in§§200.310 through 200.316 of
2 CFR Part 200.
f. Records retention as required in§§200.334 through 200.337 of 2 CFR Part 200.
4. After closeout of the Federal Award,or this Subaward,a relationship created under the Federal
Award,or this Subaward, may be modified or ended in whole or in part with the consent of the
Federal Awarding Agency or the City and the SUBRECIPIENT., provided the responsibilities
of .the SUBRECIPIENT, including those for property .management as applicable, are
considered and provisions made for continuing responsibilities of'the SUBRECIPIENT, as
appropriate.
Article 14: Maintenance, Retention,and Access to Records
A. The SUBRECIPIENT, and its subcontractors (if any) that are providing services or otherwise
performing pursuant to this Agreement shall abide by the requirements of this Article.
1. The SUBRECIPIENT shall establish and utilize generally accepted accounting principles in
the maintenance of all records relating to this Agreement.Such practices shall comply with the
general acceptable accounting principles and shall fully and accurately reflect, track, and
document the SUBRECIPIENT's financial activities.
2. The SUBRECIPIENT shall establish and maintain separate accounting records for the
SUBRECIPIENT's activities in meeting its obligations pursuant to this Agreement with
sufficient documentation to identify the associated expenditures (e.g. detailed invoices,
cancelled checks, payroll journals, bank statement reconciliations, etc.) and establish that
such expenditures are allowable, necessary, and reasonable under this Agreement, the
Federal Award, and any directives issued by the Federal Awarding Agency.
3. The SUBRECIPIENT shall furnish the City with any and all data needed for the purpose of
monitoring, evaluation,auditing, and quality assurance.This data shall include information on
the services provided or work performed, and any other data that may be required by the City,
in its sole discretion, to adequately evaluate the SUBRECIPIENT's performance under this
Agreement.
4. All records that were created, utilized, or maintained for the purpose of fulfilment of the
SUBRECIPIENT's obligations pursuant to this Agreement, whether paper or electronic
("Relevant Records"),shall be retained by the respective record holder for a period of five(5)
years after termination of this Agreement, including any extensions or renewals of this
Agreement.
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5. In the event of litigation, claims, or audit findings,all Relevant Records shall be retained for a
period of five(5)years after the resolution of any such event.
6. The SUBRECIPIENT shall permit the City, the Federal Awarding Agency, the Comptroller
General of the United States, or any of their authorized representatives to access, review, or
reproduce any and all Relevant Records.
7. If the Scope of Services in "Exhibit " is site-specific, or construction-related, access to the
stated construction or work site shall be provided to the City, the Federal Awarding Agency,
the Comptroller General of the United States, or any of their authorized representatives.
6. The SUBRECIPIENT shall ensure that the provisions of this Article are incorporated into any
agreements into which it enters that are related to this Agreement and the Federal Award.
B. Public Records.
1. Pursuant to Section 119.0701, Florida Statutes,the SUBRECIPIENT shall:
a. Keep and maintain public records required by the City to perform the service.
b. Upon request from the City, 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 amount set by the City.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of this Agreement's term and following completion of this Agreement if the
SUBRECIPIENT does not transfer the records to the City.
d. Upon completion, or termination, of this Agreement,transfer, at no cost,to the City all
public records in possession of the SUBRECIPIENT or keep and maintain public
records required by the SUBRECIPIENT to perform. the service in accordance with
Florida law.
e. If the SUBRECIPIENT transfers all public records to the City upon completion of the
Agreement, the SUBRECIPIENT shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
SUBRECIPIENT keeps and maintains public records upon completion of this
Agreement, the SUBRECIPIENT shall meet all applicable requirements for retaining
public records in accordance with applicable federal and Florida law.
f. All records stored electronically shall be provided to the City, upon request from the
City, in a format that is compatible with the information technology systems of the City.
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IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, AS TO THE SUECIPIT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, THE
SUBRECIPIENT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
CITY CLERK
PO BOX 310
BOYNTON BEACH, FL 33435
Phone: 561-742-6061
Email: C1TYCLE FLUS
2. Florida Agencies. If the SUBRECIPIENT is an "Agency" as defined by Section 119.01.1,
Florida Statutes,then the SUBRECIPIENT shall comply with its own obligations under Chapter
119,Florida Statutes.The SUBRECIPIENT additionally agrees to cooperate in good faith with
the City in the handling of public records created under this Agreement. Notwithstanding
anything set forth in any provision of this Agreement to the contrary, the SUBRECIPIENT will
not be required to destroy any records in its custody in violation of Chapter 119, Florida
Statutes.
Article 15: Monitoring Requirements
A. _Monitoring.,The SUBRECIPIENT shall permit the City, the Clerk, or the designees of either such
government agency, to periodically monitor.the SUBRECIPIENT's performance and programmatic
and financial activities, pursuant to the requirements found in 2 CFR §200.332 ("Requirements for
Pass-Through Entities")and any other relevant federal laws, regulations,or guidance.
B. Letter of Findings.
1. If the City,the Clerk,or the designee of either such government agency,discovers any defect
in the SUBRECIPIENT's performance under this Agreement(whether programmatic,financial,
etc.),then a "Letter of Findings"may be provided to the SUBRECIPIENT.
2. The SUBRECIPIENT shall respond to any such Letter of Findings with a Corrective Action
Plan and Implementation Schedule, as instructed by the City, the.Clerk, or the designee of
either such government agency, within thirty (30) calendar days of the date of the Letter of
Findings. Failure to submit a Corrective Action Plan and Implementation Schedule shall
constitute a material breach and may result in termination of this Agreement.
3. Nothing in this provision shall obligate the City, the Clerk, or the designee of either such
government agency, to first issue such a "Letter of Findings"to the SUBRECIPIENT prior to
the City being permitted to exercise any of its rights in equity, at law, or as otherwise granted
through this Agreement, including but not limited to the right to terminate this Agreement.
Article 16: Audit Requirements
A. Auditing. The SUBRECIPIENT shall comply with the federal auditing requirements found in 2 CFR
Subpart F ("Audit Requirements").
B. Authorization to Audit. The City, the Federal Awarding Agency, the Comptroller General of the
United States,or any of their authorized designees shall have the right to audit SUBRECIPIENT's:
1. Disbursement of the Subaward;
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2. Service or program delivery; and
3. Compliance with the terms, conditions, and obligations set forth in this Agreement and the
Federal Award.
C. Mandatory Audit,Certification,and Audited Financial Statement.In determining the federal award
amounts expended during its fiscal year, the SUBRECIPIENT shall consider all sources of federal
awards including federal resources received from the State or other agencies.
1 If the SUBRECIPIENT expends seven-hundred fifty thousand dollars ($750,000) or more in
federal awards during,its fiscal year,the SUBRECIPIENT must have a single audit completed
and conducted in accordance,-with 2 CFR § 200.514 -("Scope of Audit'7)., unles$.the
,
"SUBREtIPIENT' 'elects to have' a program-specific audit in accordance I with..2, CFR §
200.501(c) ("Audit Requirements").
2. If the SUBRECIPIENT expends less than seven hundred fifty thousand dolla.rs ($750,000) in
federal awards during the fiscal year,the SUBRIECIENT shall:
a. Provide an annual certification tot City that a single audit was not required; and
b. Annually submit an Audited Financial Statement to the City.
3. If the SUBRECIPIENT is mandated to have an audit performed due to its expenditure of seven
hundred fifty thousand dollars($750,000)or more in federal awards within one fiscal year,that
audit must be completed no later than one-hundred and eighty (1 80) calendar days after the
close of the SUBRECIPIENT's fiscal year.
D. Submission of Audits and Audited Financial Statements.
1 The SUBRIECIPIENT shall submit to the City any and all auditor's report received by the
SUBRECIPIENT related to its obligations under this Agreement within ten(1 0) business days
of receipt.
2. A copy of the Single Audit Reporting Package, including the associated management letter,
is was conducted in accordance with 2 CFR § 200.512 ("Report Submission"), or the
applicable Audited Financial Statements, shall be forwarded to the City pursuant to the notice
provision in this Agreement,with a copy provided to the City at the following:
City of Boynton Beach
Department of Financial Services
Aftn: Community Improvement Division
100 E Ocean Avenue
Boynton Beach, FIL 33435
E. The Federal Audit Clearinghouse. Audits must be sitted to the Federal Audit Clearinghouse
either thirty(30) calendar days after receipt of the auditors report, or nine(9) months after the end of
the entity's fiscal year end date.Such audits shall be submitted electronically via the following website:
hffps: fharyest er.cenq"s. oy/facweb/.
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F. Failure to comply with any requirements in this Article shall be deemed as a breach of this Agreement
and may result in the withholding or denial of any requests for payment or reimbursement to the
SUBRECIPIENT.
Article 17: Insurance
A. The SUBRECIPIENT agrees to,on a primary basis and at its sole expense,at all times throughout the
duration of this Agreement maintain the following types of insurance coverage with limits and on forms
(including endorsements)as described in this Article.These requirements,as well as the City's review
or acceptance of insurance maintained by the SUBRECIPIENT is not intended to,and shall not in any
manner, limit or qualify the liabilities or obligations assumed by the SUBRECIPIENT under this
Agreement.
B. The SUBRECIPIENT shall require and ensure that each of its sub-contractors/consultants providing
services hereunder (if any) procures and maintains until the completion of their respective services,
insurance of the types and to the limits specified in this Article and "Attachment 1" (Insurance
Advisory Form).
C. The SUBRECIPIENT shall have in full force the following insurance coverage, and will provide
Certificates of Insurance to the SUBRECIPIENT prior to commencing operations under this Agreement
to verify such coverage during the duration of this Agreement:
1. All SUBRECIPIENTs:
Commercial General Liability—The SUBRECIPIENT shall maintain coverage issued on the
most recent version of the ISO form as filed for use in Florida or its equivalent, with a limit of
liability of not less than one million dollars ($1,000,000) per occurrence, general aggregate,
products completedloperations aggregate, and personal advertising Injury; and, all other
insurance coverage reasonably required by the City.SUBRECIPIENT further agrees coverage
shall not contain any endorsement(s) excluding or limiting Product/Completed Operations,
Contractual Liability, or Separation of Insured.
The SUBRECIPIENT agrees to endorse the City as an Additional Insured with a CG 20 26
Additional Insured—Designated Person or Organization endorsement, or its equivalent to all
commercial general liability policies.The coverage shall contain no limitations on the scope of
protection afforded the City, its officers, officials, employees or volunteers. The certificate
holder and additional insured shall be listed in the name of the City of Boynton Beach, Florida.
2. SUBRECIPIENTs Providinq Services at City Facilities:
Workers' Compensation—The SUBRECIPIENT shall maintain coverage for its employees
with statutory workers' compensation limits and no less than one million dollars ($1,000,000)
for each incident of bodily injury or disease for Employer's Liability.Said coverage shall include
a waiver of subrogation in favor of the City if services are being provided at City facilities.
Elective exemptions as defined in Chapter 440, Florida Statutes,will be considered on a case-
by-case basis.Any Agency using an employee leasing arrangement shall complete the Leased
Employee Affidavit attached as"Form 6."
Business Automobile Liability—The SUBRECIPIENT shall maintain coverage for all owned;
non-owned and hired vehicles issued on the most recent version of ISO form as filed for use
in Florida or its equivalent, with limits of not less than one million dollars ($1,000,000) per
accident. In the event the SUBRECIPIENT does not own automobiles, the SUBRECIPIENT
shall maintain coverage for hired and non-owned auto liability,which may be satisfied by way
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of endorsement to the Commercial General Liability policy or separate Business Auto Liability
policy.
3. SUBRECIPIENTs Providina Services to Vulnerable Po ulatiions:
Sexual Abuse and Molestation Coverage with limits of not less than one hundred thousand
dollars ($100,000) per occurrence shall also be included for those programs that provide
services directly to Vulnerable Person(s). "Vulnerable Person(s)" are minors as defined in
Section 1.01(13), Florida Statutes, or vulnerable adults as defined in Section 415.102, Florida
Statutes.
4. SUBRECIPIENTs Providing Services that are of a Professional Nature°
Professional Liability with a limit of not less than one million dollars($1,000,000)per wrongful
act or claim. For policies written on a claims-made basis, the SUBRECIPIENT agrees to
maintain a retroactive date prior to or equal to the effective date of this Agreement. In the event
the policy is cancelled, non-renewed, switched to occurrence form or any other event that
triggers the right to purchase a Supplemental Extended Reporting Period("SERP")during the
life of this Agreement the SUBRECIPIENT agrees to purchase the SERP with a minimum
reporting period of not less than two years. Purchase of the SERP shall not relieve the
SUBRECIPIENT of the obligation to provide replacement coverage.
D. Insurance carriers providing coverage required in this "Insurance" subsection must be authorized or
eligible to conduct business in the State of Florida and must possess a current A.M. Best Financial
Strength Rating of A-Class VIII.
E. Any request for an exception to these insurance requirements must be submitted in writing to the City
for approval.
F. The SUBRECIPIENT shall provide to the City current certificates of insurance evidencing all required
coverage prior to execution and commencement of any operations/services provided under this
Agreement. In addition to the certificate(s)of insurance the SUBRECIPIENT shall also provide copies
of any applicable endorsements as required above.
G. For continuing service contracts, renewal certificates shall be submitted upon request by either the
City or its certificate management representative. The certificates shall clearly .indicate that the
SUBRECIPIENT has obtained insurance of the type, amount and classification as required for strict
compliance with this insurance section. No material change or cancellation of the insurance shall be
effective without thirty(30)calendar days prior written notice to the City. Certificates shall specifically
reference the respective Agreement number. The certificate holder shall read:
City of Boynton Beach, Florida -
Attention: Risk Management Department
100 E.Ocean Avenue
Boynton Beach, FL 33435
H. State Agencies or Subdivisions.If the SUBRECIPIENT is a"state agency or subdivision"(as defined
by Section 768.28(2), Florida Statutes):
1. Paragraphs A—G of this Article are not applicable. However, such paragraphs do apply to
any of the SUBRECIPIENT's subcontractors that are not agencies or political subdivisions of
the State of Florida and must be included by the SUBRECIPIENT in any such subcontracts.
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2. Without waiving its right to sovereign immunity as provided in Section 768.28, Florida Statutes,
the SUBRECIPIENT may self-insure its liability with coverage limits of one million Dollars
($1,000,000) per occurrence or such other limited sovereign immunity as set forth by the
Florida legislature. A statement of self-insurance shall be provided to the City's Risk
Management Department at the address in Paragraph G of this Article.
Article 18: Indemnification,Sovereign Immunity, and Liability
A. Indemnification. The SUBRECIPIENT agrees to defend, indemnify, and hold the City, its officers,
officials, employees, agents, and volunteers harmless from and against any and all claims, injuries,
damages, losses or expenses, including without limitation personal injury, bodily. injury, sickness,
disease;,or.death,:or damage to or destruction of property,which are alleged or proven to be caused
in whole or in part by an act or omission of the SUBRECIPIENT, its officers; directors, employees,
and/or agents relating to the SUBRECIPIENT's performance or failure to perform under this
Agreement. This section shall survive the expiration or termination of this Agreement.
B. Sovereign Immunity.
1. Nothing contained in this Article, or in any part of this Agreement, shall constitute a waiver of
the City's sovereign immunity provisions or protections pursuant to Section 768.28, Florida
Statutes.
2. State Agencies or Subdivisions. If the SUBRECIPIENT is a "state agency or subdivision"
(as defined by Section 768.28(2), Florida Statutes),then Paragraph 13.1.of this Article applies
to the SUBRECIPIENT in the same manner in which it applies to the City.
C. Liability.
1. Unless otherwise explicitly stated in this Agreement, in no event shall either party be
responsible to the other for any indirect damages, incidental damages, consequential
damages, exemplary damages of any kind, lost goods, lost profits, lost business, or any
indirect economic damages whatsoever regardless of whether such damages arise from
claims based upon contract, negligence, tort (including strict liability or other legal theory), a
breach of any warranty, or a breach of term of this Agreement.
2. Without waiving any of the provisions or protections under this Agreement or pursuant to
Florida law, under no circumstances shall the City be liable to the SUBRECIPIENT under any
contract,negligence,strict liability,or other legal or equitable theory for any amounts in excess
of those limits per claim and per occurrence set forth for tort liability in Section 768.28 of the
Florida Statutes, which limits are hereby made applicable to all manner of claims against the
City related to this Agreement and are not confined to tort liability.
D. State Agencies or Subdivisions. If the SUBRECIPIENT is a"state agency or subdivision"(as defined
by Section 768.28(2), Florida Statutes), then Paragraph C.2. of this Article applies to the
SUBRECIPIENT in the same manner in which it applies to the City.
Article 19: Independent Contractor, Non-Agent SUBRECIPIENT,and Third Parties
A. Independent Contractor. It is understood and agreed that nothing contained in this Agreement is
intended to,or should be construed as,creating or establishing the relationship of copartners between
the parties, or as constituting the SUBRECIPIENT as the agent, representative, or employee of the
City for any purpose or in any manner whatsoever. The SUBRECIPIENT is to be, and shall remain,
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an independent contractor with respect to all services performed under this Agreement, and that any
individuals hired, or performing services or work, pursuant to this Agreement shall be considered to
be the employee of the SUBRECIPIENT for all purposes, including but not limited to for any worker's
compensation matters.
B. Non-Agent SUBRECIPIENT. The Boynton Beach City Commission has not delegated to any City
officer or employee the authority to appoint any agent on the City's behalf regarding the subject matter
of this Agreement.Accordingly, nothing in this Agreement is intended to, or shall be construed as to,
appoint the SUBRECIPIENT as an agent of the City. Additionally, no review or approval of the
SUBRECIPIENT's services, requests for reimbursement, reports, or records by the City may be
construed as the City appointing the SUBRECIPIENT as an agent of the City.
C,. No Third-Party Claims.-Nothing in this Agreement, express or implied,-shall confer to a third-party
or be construed as conferring to a third-party in any way—any legal or equitable right, benefit, claim,
or remedy of any nature arising under or by reason of this Agreement. Moreover, the Federal
Government, the City, and the employees and/or contractors of each of the foregoing governments,
shall be held harmless from liability to any third parties for claims asserted under this agreement.
Article 20: Confidentiality
A. Confidentiality.
1. The parties hereby agree to maintain any confidential information transmitted by the other
party over the course of this Agreement confidential to the extent that such confidentiality is
lawfully permitted pursuant to Florida or Federal law.
2. The SUBRECIPIENT shall limit disclosure of its Confidential Information to the minimum
necessary to properly perform under this Agreement. The SUBRECIPIENT understands that
the City is subject to Florida Public Records laws and that information that SUBRECIPIENT
may consider Confidential Information may be subject to disclosure absent a statutory
exemption. In the event a public records request is made for Confidential Information of
SUBRECIPIENT, SUBRECIPIENT shall be responsible for defending its assertion that such
records are subject to an exemption from disclosure and shall'indemnify the City from and
against any and all claims, actions, damages, fees, tines, penalties, defense costs, suits or
liabilities which may arise out of a public records request for SUBRECIPIENT's Confidential
Information where SUBRECIPIENT asserts an exemption to disclosure
B. Health Insurance Portability and Accountability Act("HIPAA")
1. Generally. If the SUBRECIPIENT meets the definition of"Covered Entity,"as defined in 45
CFR§ 160.103, or a "Hybrid Entity,"as defined in 45 CRF§ 164.103,then:
a. Before providing any services funded, in whole or in part,through this Agreement that
may cause the SUBRECIPIENT to generate Protected Health Information ("PHI")as
defined in 45 CFR § 160.103, the SUBRECIPIENT must first obtain legally sufficient
medical release authorizations from each individual receiving such services.
b. Such required medical release authorizations may be limited in scope; however, they
must at least permit the disclosure of any PHI that is in any way related to the
Subaward-funded services that individual(s) receive to the City for reporting,
monitoring, and auditing purposes.
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C. The City hereby reserves the right to deny payment for any costs the SUBRECIPIENT
incurs in its provision of otherwise funding-eligible services to any individual(s) for
whom it does not have a valid and current medical release authorization as required
by this provision.
d. Additionally,the SUBRECIPIENT must require any of its subcontractors for which this
.provision is applicable to secure such requisite medical release authorizations as well.
2. Business Associate Agreements.Should the SUBRECIPIENT's provision of services under
this Agreement require access to PHI generated by the City, then the SUBRECIPIENT must
execute a Business Associate Agreement that complies with the standards found in 45 CFR§
164.504(e).
C. Florida Information Protection Act("FIPA")
1. Pursuant to Section 501.171(g)1., Florida Statutes, "Personal Information" means either of
the following:
a. An individual's first name or first initial and last name in combination with any one or
more of the following data elements for that individual:
(1) A social security number;
(2) A driver license or identification card number, passport number, military
identification number, or other similar number issued on a government
document used to verify identity;
(3) A financial account number or credit or debit card number, in combination with
any required security code, access code, or password that is necessary to
permit access to an individual's financial account;
(4) Any information regarding an individual's medical history, mental or physical
condition,or medical treatment or diagnosis by a health care professional; or
(5) An individual's health insurance policy number or subscriber identification
number and any unique identifier used by a health insurer to identify the
individual.
b. A user name or e-mail address, in combination with a password or security question
and answer that would permit access to an online account.
2. If, pursuant to this Agreement, the SUBRECIPIENT is maintaining, storing, or processing
personal information on behalf of the City,the SUBRECIPIENT is the City's"Third-Party Agent"
under FIPA and hereby agrees to comply with all obligations for such "Third-Party Agents"as
detailed in Section 501.171, Florida Statutes. These obligations include, but are not limited to:
a. Taking reasonable measures to protect and secure data in electronic form containing
personal information; and
b. Providing notice to the City in the event of a breach of security of the SUBRECIPIENT's
system as expeditiously as practicable, but no later than ten (10) calendar days
following the determination of the breach of security or reason to believe the breach
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occurred.
3. The SUBRECIPIENT shall be responsible and liable for all costs associated with any required
notices,fines,or fees assessed against the City for any breach of Personal Information that is
the fault of the SUBRECIPIENT.
Article 21: Remedies for Noncompliance
A. Remedies for Noncompliance.Pursuant to 2 CFR§200.339("Remedies for Noncompliance"),if
the SUBRECIPIENT fails to comply with the U.S. Constitution, federal statutes, regulations, or the
terms and conditions of a Federal Award or any additional conditions that the Federal Awarding
Agency or City may impose, and the Federal Awarding Agency or City determine that such
noncompliance.cannot be remedied by imposing additionalconditions,the Federal Awarding Agency
or City may take one or more of the following actions, as appropriate in the circumstances:
1. Temporarily withhold cash payments pending correction of the deficiency by the
SUBRECIPIENT or more severe enforcement action by the Federal Awarding Agency or City;
2. Disallow(that is, deny both use of funds and any applicable matching credit for) all or part of
the cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate this Agreement;
4. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and
Federal Awarding Agency regulations, which may be initiated at the recommendation of the
City;
5. Withhold further Federal Awards for the project or program; or
6. Take other remedies that may be legally available.
Article 22: Termination
A. Termination for Convenience by the City. Pursuant to 2 CFR Part 200, Appendix II, Paragraph B,
contracts made pursuant to a Federal Award must address termination for convenience by the City
including the manner by which it will be effected and the basis for settlement. As such, the City may
terminate this Agreement for convenience by providing a written thirty(30)calendar day notice to the
SUBRECIPIENT.
B. Termination by the SUBRECIPIENT. Pursuant to 2 CFR §200.340(a)(4),the SUBRECIPIENT may
terminate this Agreement upon sending the City written notification setting forth the reasons for such
termination, the effective date, and, in the case of partial termination, the portion to be terminated.
However, in the case of partial termination, if the City determines that the reduced or modified portion
of the Subaward will not accomplish the purposes for which the Subaward was made, the City may
terminate the Subaward in its entirety. Additionally, a SUBRECIPIENT's failure to complete
performance on a Subaward in the manner initially agreed upon may compromise the
SUBRECIPIENT's ability to receive subawards, other grants, or any other contract opportunities from
the City in the future.
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C. Termination for Cause.
1. Immediate Termination.
a. The City reserves the right of"Immediate Termination"of this Agreement,with such
termination to be effectuated as of the SUBRECIPIENT's receipt of written notice
which may be hand-delivered or transmitted by electronic mail to the
SUBRECIPIENT's Agreement Liaison noted in TABLE 1 —THE PARTIES,or as later
re-designated pursuant to Article 2, Paragraph B. Notwithstanding the foregoing, the
City, as a courtesy, may additionally provide the.SUBRECIPIENT with such notice in
the manner provided in Article 5 ("Notice") of this Agreement.
b. Immediate Termination pursuant to this provision shall be permitted for any number of
the following reasons:
(1) The Federal Awarding Agency terminates the Federal Award;
(2) Any circumstance under which the City is no longer receiving Federal Award
funds to reimburse the SUBRECIPIENT occurs;
(3) The amount invoiced by the SUBRECIPIENT meets or exceeds the amount of
the Subaward provided for in this Agreement,
(4) The SUBRECIPIENT files bankruptcy or otherwise becomes insolvent;
(5) The SUBRECIPIENT is determined to be ineligible to do business in the State
of Florida;
(6) If the SUBRECIPIENT is a non-profit agency, loss of the SUBRECIPIENT's
non-profit status; or
(7) As otherwise expressly provided for in this Agreement.
2. Standard Termination for Cause. The City may terminate this Agreement for cause upon
providing a written fourteen(14)calendar day breach of contract and termination notice. Such
termination for cause may be for any material breach of this Agreement, or if the City, using
its sole discretion, determines that the SUBRECIPIENT is unable to perform under this
Agreement.
3. Opportunity to Cure. Without creating an obligation to provide an opportunity to cure or
accept the SUBRECIPIENT's proposed cure if such an opportunity is provided, the City
reserves the right to provide the SUBRECIPIENT the opportunity-to cure any stated breach.
Such opportunity to cure can be used in tandem with, or in lieu of, a Letter of Findings issued
in accordance with Article 15 ("Monitoring Requirements") of this Agreement. If the City
provides such opportunity to cure, shall:
a. Provide the opportunity to cure as a part of the City's breach of contract and termination
notice; and
b. Allot an appropriate deadline by which the SUBRECIPIENT must provide its proposed
cure to the City.
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4. In the Event of Wrongful Termination for Cause. If a court of competent jurisdiction
determines that this Agreement was wrongfully terminated for cause, then the
SUBRECIPIENT's damages for such termination, if any, shall be the same as if the City
terminated this Agreement for convenience.
D. Reporting to Federal Awarding Agency. If the City determines that termination of this Agreement
was due to the SUBRECIPIENT's material failure to comply with the Subaward's terms and conditions,
the City reserves the right to report the SUBRECIPIENT to the Federal Awarding Agency so that it
may report the termination to the OMB-designated integrity and performance system accessible
through the federal System of Award Management("SAM").
E. In the Event of Termination. After receipt of a notice of termination, except as otherwise directed,
the SUBRECIPIENT shall take all of the following actions:-
1. Pursuant to 2 CFR § 200.339(c), continue to remain responsible for compliance with the
requirements in 2 CFR§§200.344("Closeout")and 200.345("Post-Closeout Adjustments
and Continuing Responsibilities„);
2. Within fourteen (14) calendar days, remit to the City any advanced funds paid that have not
yet been recouped by the City(if any);
3.- Stop working under this Agreement on the date of receipt of the notice of termination unless
otherwise stated in such notice;
4. Place no further orders and enter into no further agreements to the extent that either relate to
the performance of the work which was terminated and direct any subcontractors to do the
same;
5. Terminate all orders and subcontracts to the extent that they relate to the performance of the
work,which was terminated;
6. Finalize all necessary reports, invoices, and other documentation required under the terms of
this Agreement up to the date of termination, up to and including the final invoice due at the
end of the project without reimbursement beyond that due as of the date of termination for
services rendered to the termination date;
7. Take any other actions as reasonably directed in writing by the City.
F. Payment in Event of Termination. If this Agreement is terminated before performance is completed,
whether for convenience or cause, the SUBRECIPIENT shall be paid for the work or services
satisfactorHy performed. In the event the Agreement is terminated for cause,the City shall be entitled
to collect all or part of any funds owed to the City by the SUBRECIPIENT by deduction from the
reimbursement or payment amount due the SUBRECIPIENT. No other damages, fees, or costs may
be assessed against the City for its termination of the Agreement.
G. Force Majeure.
1. The SUBRECIPIENT shall not be held responsible for any delay or failure in performance of
any part of this Agreement to the extent such delay or failure is caused by explosion, war,
embargo, government requirement, civil or military authority, pandemic, act of God, or other
similar causes beyond the SUBRECIPIENT's control so long as the SUBRECIPIENT's delay
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is not caused by the SUBRECIPIENT's own fault or negligence. Notwithstanding the foregoing,
the SUBRECIPIENT cannot claim Force Majeure under this provision for any emergency,
exigency, or"Act of God"that is specifically contemplated within the Scope of Services of this
Agreement, or which in any way existed at the time this Agreement was executed.
2. The above notwithstanding, in order to claim delay pursuant to this provision, the
SUBRECIPIENT shall notify the City in writing within seven (7) business days after the
beginning of any such cause that would affect its performance under this Agreement. Failure
to notify the City in a timely manner of any claim of Force Majeure made pursuant to this
provision is cause for termination of this Agreement.
3. If the SUBRECIPIENT's performance is delayed pursuant to this provision for a period
exceedingseven(7)business days from the date the City receives the required Force Majeure
notice,the City shall have the right to terminate this Contract thereafter and shall only be liable
to the SUBRECIPIENT for any work performed pursuant to this Agreement prior to the date of
the City's termination.
4. No other damages, fees, or costs may be assessed against the City for its termination of this
Agreement pursuant to this provision. Nothing in this provision shall prevent the City from
terminating this Agreement for any purpose otherwise expressly stated in this Agreement.
Article 23: General Provisions (Alphabetical)
A. Assignments and Successors. The parties deem the services to be rendered pursuant to this
Agreement to be personal in nature. Each party binds itself and its partners, successors, executors,
administrators, and assigns to the other party of this Agreement and to the partners, successors,
executors, administrators, and assigns of such other party, in respect to all covenants of this
Agreement. Neither party shall assign,sublet, convey,or transfer its interest in this Agreement without
the written consent of the other,which consent shall be in the sole determination of the party with the
right to consent.
B. Attorneys' Fees and Costs. Unless otherwise expressly stated in this Agreement, the parties shall
each bear their own costs,expert fees,attorneys'fees,and other fees incurred in connection with this
Agreement and any action or proceeding arising out of or relating to this Agreement(an "Action").
C. Conflicts. The SUBRECIPIENT shall comply with all applicable local, state, and federal laws,
regulations, executive orders, and the policies, procedures, and directives of the Federal Awarding
Agency. Should there be conflict between the various applicable laws and this Agreement, the most
restrictive shall govern.
D. Construction and Representations. Each party acknowledges that it has had the opportunity to be
:.represented by counsel of such party's choice with respect to this Agreement. Inview of the foregoing,
and notwithstanding any otherwise applicable principles of construction or interpretation, this
Agreement shall be deemed to have been drafted jointly by the parties and in the event of any
ambiguity, shall not be construed or interpreted against the drafting party. Neither party has relied
upon any representations or statements made by the other party to this Agreement which are not
specifically set forth in this Agreement.
E. Counterparts and Electronic Transmission of Signatures. This Agreement may be executed in
counterparts, both of which shall be deemed an original and which taken together shall constitute one
agreement. Any counterpart may be delivered by any party by electronic transmission of the full
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Agreement as executed by that party to the other party as mutually agreed upon by the parties, and
delivery shall be effective and complete upon completion of such transmission.
F. Governing Law. This Agreement shall be considered as having been entered into in the State of
Florida and shall be construed and interpreted in accordance with the laws of that state.
G. Headings. The headings or captions of articles, sections, or subsections used in this Agreement,
including the Table of Contents or Table of Terms and Provisions, are for convenience of reference
only and are not intended to define or limit their contents, nor are they to affect the construction of or
to be taken into consideration in interpreting this Agreement.
H. Jury Waiver. Each party hereby irrevocably waives, to the fullest extent permitted by applicable law,
any right that party does or might have to a trial by jury related to any Action.
I. Remedies. No remedy conferred upon any party in this Agreement is intended to be exclusive of any
other remedy;and each and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
No single or partial exercise by any party of any rights, power, or remedy hereunder shall preclude
any other or further exercise thereof.
J. Severability.The provisions of this Agreement are declared by the parties to be severable. However,
the material provisions of this Agreement are dependent upon one another,and such interdependence
is a material inducement for the parties to'enter into this Agreement. Therefore, should any material
term, provision, covenant, or condition of this Agreement be held invalid or unenforceable by a court
of competent jurisdiction, the party protected or benefited by such term, provision, covenant, or
condition may demand that the parties negotiate such reasonable alternate contract language or
provisions as may be necessary either to restore the protected or benefited party to its previous
position or otherwise mitigate the loss of protection or benefit resulting from holding.
K. Signatory. Each signatory below represents and warrants that he or she has full power and is duly
authorized by their respective party to enter into and perform under this Agreement. Such signatory
also represents that he or she has fully reviewed and understands the above conditions and intends
to fully abide by the conditions and terms of this Agreement as stated.
L. Survivorship. Those provisions which by their nature are intended to survive the expiration,
cancellation, or termination of this Agreement, including, by way of example only, the indemnification
and public records provisions, shall survive the expiration, cancellation, or termination of this
Agreement.
M. Use of City and SUBRECIPIENT Logos. Both parties are prohibited from use of any and all of the
other party's emblems, logos,or identifiers without written permission from that party.
N. Venue. Each of the parties hereby irrevocably submits to the jurisdiction of any federal or state court
of competent jurisdiction sitting in Boynton Beach, Florida, regarding any Action,and further agrees
that any such Action shall be heard and determined in such Florida federal or state court. Each party
hereby irrevocably waives,to the fullest extent it may effectively do so,the defense of an inconvenient
forum to the maintenance of any Action in Boynton Beach, Florida.
O. Waiver. No delay or failure on the part of any party to this Agreement to exercise any right or remedy
accruing to such party upon the occurrence of an event of violation shall affect any such right or
remedy, be held to be an abandonment thereof, or preclude such party from the exercise thereof at
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any time during the continuance of any event of violation. No waiver of a single event of violation shall
be deemed to be a waiver of any subsequent event of violation.
P. Written Modification.
1. No modification of this Agreement shall be binding upon any party to this Agreement unless it
is reduced to writing and is signed by a duly authorized representative of each party to this
Agreement.
2. Notwithstanding the above subparagraph, -the parties hereby recognize that the Federal
Awarding Agency may issue unilateral changes to the Federal Award that the City is permitted
to unilaterally "pass-down" to the SUBRECIPIENT without formal amendment to this
Agreement.-
3.
greement:3. The City shall provide notice such unilateral amendments to the SUBRECIPIENT in a timely
fashion to both by electronic mail to the SUBRECIPIENT agreement liaison noted in TABLE
1 —THE PARTIES,or as later re-designated pursuant to Article 2, Paragraph B.
4. The SUBRECIPIENT hereby agrees to work with the City in good faith to make any additional
amendments to this Agreement as may be necessary pursuant to directive provided by the
Federal Awarding Agency.
Article 24:Attachments
The documents provided for in the table below are hereby incorporated by both reference and attachment
and therefore form a material part of this Agreement.
Attachment Attachment Title
Name
Form 1 E-Verify Use and Registration Certification
Form 2 Public Entity Crimes and Scrutinized Companies Certification
Form 3 Small and-Minority Business Enterprise("MBE"),Women Business Enterprise—_7r
("WBE"), and Labor Surplus Area Firm Certification
Form 4 Federal Suspension and Debarment Certification
Form 5 Certification Regarding Lobbying
Exhibit A Required Information for Federal Subawards Schedule
Exhibit B Scope of Services
Exhibit C Budget
Attachment 1 Insurance Advisory Form
Attachment 2 Uniform Guidance Contract Provisions
Article 25: Entire Agreement
This Agreement, and any documents incorporated, referenced,or attached to this Agreement, sets forth and
constitutes the entire agreement and understanding of the parties with respect to the subject matter of this
Agreement. In regards to such subject matter, this Agreement supersedes any and all prior agreements,
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negotiations, correspondence, undertakings, promises, covenants, arrangements, communications,
representations, and warranties,whether oral or written, of any party to this Agreement.
SIGNATURES ON FOLLOWING PAGES)
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BOYNTON BEACH, FLORIDA SIGNATURE
The City has executed this Agreement on the date set forth below.
BOYNTON BEACH, FLORIDA
By: City Manager
By:
Date: ,
SUBRECIPIENT SIGNATURE
ON FOLLOWING PAGE
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
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SUBRECIPIENT SIGNATURE PAGE
--------------------------LYT EACH, FL I 'S SIGNATURE
ON PREVIOUS PAGE
The SUBRECIPIENT has executed this Agreement on the date set forth below.
BOYTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION, INC.
By: .4X e-Ca7;;e 6,'ree/vrr
SUBRECIPIENT Name and Title
Date: /a2�6�ij4.e®Z
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
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Form I
E-Verify Registration and Use Certification
COMPLETION OF THIS FORM IS REQUIRED FOR ALL SUBRECIPIENTS
Please not that the City will verify that the SUBRECIPIENT has an active registration on h
hftmlhl�e-ved �Mv-
If the SUBRECIPIENT does not have an active registration noted on the E-Verify website because the Federal
Government has not yet updated its website, it must then provide a copy of the E-VerifY Memorandum of
Understanding for Employers that the SUBRECIENT received upon registration to the City.
E-VERIFY REGISTRATION 'USE CERTIFICATION
The undersigned her certifies on behalf of the SUBRECIPIENT, that:
A. They have personal knowledge of the factual assertions set forth inthis E-Ve'Y Use and Registration
Certification and Affidavit.
B. The SUBRECIPIENT is registered with the United States Department of Homeland Security's E-Verify
system to verify the or authorization status of all employees hired during the term of this Agreement
and shall provide evidence of such registration to the City upon request.
C. The SUBRECIENT does not and shall not employ, contract, or subcontract with an unauthorized
alien, pursuant to Section 448.095, Florida Statutes.
D. The SUBRECIPIENT shall require all subcontractors performing work under this Agreement to provide
an affidavit stating that such subcontractors do not employ, contract with, or Subcontract with an
unauthorized alien, pursuant to Section 448.095, Florida Statutes.
Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby
certifies at
it understands and will comply with its obligations as stated in this affidavit.
OliecAg—
Signat'ure of SUBRECIPIENT Representative Official Title
Printed Name Date
Community Development Block Grant Subaward Agreement—Form I
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
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Form 2
Public Entity Crimes and Scrutinized Companies Certification
COMPLETION OF THIS FORM IS REQUIRED FOR ALL SUBRECIPIENTS
Part
® Certification of Compliance with Section ®1 Florida Statutes j1c Entity Crime
The undersigned hereby certifies, on behalf of the SLIBRECIPIENT,that:
A. Neither the SUBRECIPIENT, nor one or more 'of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management ofthe
SLIBRECIPIENT, or any affiliate of the entity, has been charged with and convicted of public entity
crime subsequent to July 1, 1989.
B. The SLIBRECIPIENT has not been placed on any convicted vendor list by the State of Florida and
that it will not utilize any funding provided pursuant to this Agreement to subcontract with any vendor
that has been placed on any such convicted vendor list.
C. The SUBRECIPIENT acknowledges that for the purposes of this certification, the terms"public entity
crime," "convicted,". and "affiliate," are as defined in Section 287.133, Florida Statutes, which the
SUBRECIPIENT has reviewed prior to the execution of thiscertification.
D. The SLIBRECIPIENT acknowledges that the City reserves the right to terminate this Agreement
immediately (pursuant to Article 22, Paragraph C ("Termination") of the Agreement) and take full
advantage of any legal remedies available in equity or law should the SUBRECIPIENT be found to:
1. Have falsified its certification of eligibility to bid on,submit a proposal for,or enter into or renew
a contract with the City for goods ors ices pursuant to Section 287.133, Florida Statutes;or
2. Have become ineligible to bid on,submit a proposal for, or enter into or renew a contract with
the City for goods or services pursuant to Section 287.133, Florida Statute subsequent to
entering into this Agreement with the City.
E. The SLIBRECIPIENT shall immediately not the City if at any point during the term of the Agreement,
the SLIBRECIPIENT's status under Section 287.133, Florida Statutes, changes in any manner.
Part 2: Certification of Compliance With Section 287.135, Florida Statutes (Scrutinized C��p�anies)
The undersigned hereby certifies, on behalf of the SUBRECIPIENT, that:
A. The SUBRECIPIENT certifies that it is eligible to bid on, submit a proposal for, or enter into or renew
a contract with the City for goods or services pursuant to Section 287.135, Florida Statutes.
B. The SUBRECIPIENT is not:
1., On the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215. 725,
Florida Statutes, and the SUBRECIPIENT is not engaged in a boycott of Israel;
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Form 2
Public Entity Crimes and Scrutinized Companies Certification(Continued)
2. On the "Scrutinized Companies with Activities in Sudan List" or the "Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List,"created pursuant to Section 215.473,
Florida Statutes;or
3. Engaged in business operations in Cuba or Syria.
C. The SUBRECIPIENT acknowledges that the City reserves the right to terminate this Agreement
immediately(pursuant to Article 22, Paragraph C ("Termination") of the Agreement) and take full
advantage of any legal remedies available in equity or law should the SUBRECIPIENT be found to:
1. Have falsified its certification of eligibility to bid on,submit a proposal for,or enter into or renew
a contract with the City for goods,or services pursuant to Section 287.135, Florida Statutes;or
2. Have become ineligible to bid on, submit a proposal for,or enter into or renew a contract with
the City for goods or services pursuant to Section 287.135, Florida Statute subsequent to
entering into this Agreement with the City.
D. The SUBRECIPIENT shall immediately notify the City if at any point during the term of the Agreement,
the SUBRECIPIENT's status under Section 287.135, Florida Statutes, changes in any manner.
Pursuant to the binding authority granted to the undersigned,the SUBRECIPIENT hereby certifies that
it understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification.
Signatur6 of SUBRECIPIENT Representative Official Title
Printed Name Date
Community Development Block Grant Subaward Agreement—Form 2
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Page 2 of 2
Form 3
Small and Minorityu i. C ri ("MBE"), Business Enterprise ("WBE"),
and LaborSurplus Area FirmCertification
COMPLETION OI IS REOUIRED FOR ALL SUBRECIPIENTS
CERTIFICATION OF COI 1T200.321 _
The undersigned hereby certifies on behalf of the SUBRECIPIENT,that the SUBRECIPIENT will comply with
all of the following should the SUBRECIPIENT subcontract using any portion of the Subaward:
X When selecting subcontractors and making procurements with the Subaward, the SUBRECIPIENT
shall take all necessary affirmative steps to assure that Minority businesses, omen's business
enterprises, and labor surplus firms are used whenever possible while expending the Sub ward.
B. Pursuant to 2 CFR§200.321, such affirmative steps must include:
1. Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
. Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources-,
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and omen's business
enterprises;
4. taiishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises; and
. Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the Department
of Corner
C. The SUBRECIPIENT understands that it must pass this obligation down to its subcontractors(if any).
Pursuant to the binding authority rants tote undersigned,the SUBRECIPIENT hereby certifies t at
it understands and will comply it its obligations as stated in this affidavit.
_.. .. .--e
Signa ure of SC' rFCIPIF T representative Official Title
Printed Name Date
Community Development Block Grant Subaward Agreement—Form 3
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 1 of 1
Form 4
Federal Suspension and Debarment Certification
COMPLETION OF THIS FORM IS REQUIRED FOR ALL SUBREdIPIENTS
Please not that the City will verify that the SUBRECIPIENT has an active registration with SAM.gov on
hftps://www.SAM..gov. If the SUBRECIENT does not have an active registration of int SAM.gov system,then
this Agreement will not be executed by the City.
F- FEDERAL SUSPENSIOKAND DEBARMENT,CERTIFICATION
The undersigned hereby certifies on behalf of the SUBRECIPIENT,that:
A. They have personal knowledge oft factual assertions set forth in this Federal Suspension and Debarment
Certification.
B TIPIENT complies with 2 CFR Part 180, Subpart C ("'Responsibilities of Participants
Regarding Transactions Doing Business with Other Persons").
C. The SUBRECIPIENT is registered and maintains an active registration with SAM.gov and will maintain an
active registration with SAM.gov fort entire term of this Agreement.
D. The SUBRECIPIENT does not appear on the SAM Exclusions list and shall not the City within five (5)
business days if it is added tot SAM Exclusions list, or should its status under the SAM system change in
any way during the term of this Agreement.
E. The SUBRECIPIENT shall include a requirement to comply with 2 CFR Part 180, Subpart C in any lower tier
covered transactions into is it enters.
F. The SUBRECIPIENT understands and agrees that the City reserves the right to institute additional restrictions
and conditions to this Agreement, terminate this Agreement, and pursue any other remedy available under
local, state, and federal law, should the SUBRECIPIENT: (1) be found to have misrepresented its SAM.gov
status in any manner; or(2) it to not the City of any change in its status under the SAM.gov system.
This certification is a material representation of fact relied upon by the City. If it is later determined that the
SUBRECIPIENT fails to comply with 2 CFR Part 180, Subpart C, in addition to remedies available tot City, the
Federal Government may pursue available remedies, including but not limited to, suspension or debarment,
Pursuant to the binding authority granted to the undersigned,the SUBRECIPIENT hereby certifies that
itIun d will comply with its obligations as stated in this affidavit.V JOY
Signature of tUBRECIPIENT Representative Official Title
d,zlz
Printed Name Date
Community Development Block Grant Subaward Agreement
City of Boynton each and Boynton Beach Faith Based Community Development Corporation, Inc.
Page I of I
Form 5
Certification Regarding Lobbying
COMPLETION OF THIS FORM IS CONDITIONAL
This form is required for all SUIBRECIPIENTs receiviiig a Subaward in an amount that exceeds$100,000.Does
the Sud exceed $100,000?59
If"No" then the SUBRECIENT may disregard this form. If"Yes" then the SUBRECIENT hereby executes the
following Ceitification Regarding Lobbying as required by 31 USC 1352:
CERTIFICATION REGARDING LOBBYING
31 U,§C §1352
FPart 1:
cp-aertification for Contracts,Grants, Loans,and Cooperative Agreements
The undersigned certifies on behalf of the SUBRECIENT that:
A. No Federal appropriated funds have been paid or shall be paid, by or on behalf of the SUBRECIPIENT,to any
person for influencing or attempting to influence an officer or employee of an 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 contract,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 contract, grant, loan,or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or shall 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 contract, grant, loan,
or cooperative agreement,the SUBRECIPIENT shall complete and submit Standard Form-LLL,"Disclosure
of Lobbying Activities", in accordance with its instructions.
C. The SUBREC1ENT shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements)and that all SUBRECIPIENTs shall certify and disclose accordingly, ,
D. This certification is a material representation of fact upon which reliance was placed whent is transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, it 31, U.S. Code.Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure.
Part 2:
Statement for Loan Guarantees and Loan Insurance
The undersigned certifies on behalf of the SUBRECIENT that:
A. If any funds have been paid or shall be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer ore loe of Congress,or an employee of a
Member of Congress in connection with this commitment providing for the United States to insure or guarantee
a loan, the SUBRECIENT shall complete and submit Standard Form-LLL, "Disclosure of Lobbying
Activities", in accordance with its instructions.
Community Development Block Grant Subaward Agreement
City of Boynton each and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 1 of 2
Form 5
Certification Regarding Lobbying (Continued)
B. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section
1352,title 31, U.S.Code.Any person who fails to file the required statement shall be subject to a civil penalty
of not less than$10,000 and not more than$100,000 for each such failure.
Pursuant to the binding authority granted to the undersigned, the SUBRECIPIENT hereby certifies that it
understands and will comply with its obligations as stated in both Part 1 and Part 2 this certification.
Sig4turEof SRepresentative Official Title
Printed Name Date
[REMAINDER OF PAGE LEFT BLANK]
Community Development Block Grant Subaward Agreement—Form 7
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Page 2 of 2
Exhibit A
Required Information for Federal Subawards Table
REQUIRED PURSUANT TO 2 CFR__§200.332
Federal Requirements Subaward-Specific Information
SUBRECIPIENT Name (registered name in ov): Boynton Beach Faith Based Community
Development Corporation, Inc.
SUBRECIPIENT's Unique Entity Identifier(UEI): GZS6GQ1CQFM9
Federal Award Identification Number(FAIN): N/A(CDBG Multiple Years Rollover Funds)
................__
Federal Award Date: N/A(CDBG Multiple Years Rollover Funds)
Subaward Period of Performance Start and End Date: Start: Upon Execution End: 09/30/2023
Federal Award Budget Period Start and End Date: Start: 10/01/2022 End: 09/30/2023
Amount of Federal Funds obligated by this action by the $400000.00
Pass-Through Entity tot SUBRECIPIENT: ,
Total ont of Federal Funds Obligated to the
SUBRECIPIENT by the Pass-Through Entity including $400,000.00
the current financial obligation:
Total Amount of the Federal Award committed to the $400,000.00
SUBRECIPIENT by the Pass-Through Entity:
Federal subaward Project Description: Owner-Occupied Limited Rehabilitation for
Qualifying Households-24 CFR 570.202(a)(1)
—Eligible Rehabilitation and Preservation
activities; National Objective 24 CFR Part
570.208(a)(3)
Name of Federal Awarding Agency: U.S. Department of Housing and Urban
Development(HUD)
Name of Pass-Through Entity: City of Boynton Beach
Pass-Through Entity's Awarding Official Contact Name: Dan Dugger, City Manager
Information: Email:PggggQ@htftqa
Phone: 561-742-6010
CFDA Number and Name: Number: 14.228
Name: Community Development Block rant
Is the Subaward R&D related?: No
Is there an indirect cost rate fort Subaward?: No
' Requirements of the Federal Award imposed on the Yes, see the terms of the Agreement and
SUBRECIPIENT?:------ attached exhibits and forms.
Are there any additional requirements imposed on
SUBRECIPIENT in order for the Pass-Through Entity to Yes, see the terms of the Agreement and
meet its own reporting responsibilities to the Federal attached exhibits and forms.
Awarding Agency?:
Is there a requirement that the SUBRECIENT must
permit the Pass-Through Entity and auditors to have Yes, see:Article 14("Maintenance,
access to the SUBRECIPIENTs records and financial Retention,and Access to Records")and
statements'?, Article 16 ("Audit Requirementsi).
Are there appropriate terms and conditions concerning Yes, see: Article 13("Progress Reporting
closeout of the Subaward?: and Subaward Closeout")
Community Development Block Grant Subad AgreemenF——Exhibit A
City of Boynton each and Boynton each Faith Based Community Development Corporation, Inc.
Page
1 of 1
Exhibit
Scope of Services
Scope of Services
The Owner-Occupied Limited Rehabilitation Program for qualifying households will serve low-income
residents who own and homestead their residence. The program will offer a zero-interest deferred
loan or grant to eligible homeowners to pay for home improvement/rehabilitation and incidental
expenses that correct emergency health and safety hazards, and code related issues. The maximum
award is$25,000 per household.The applicant shall not own any other real estate.
The Owner-Occupied Limited Rehabilitation Program will use two strategies:
1. Disabled and Elderly Income-eligible Homeowners(grant)
2. Any Other Income-eligible Homeowners(loan)
Disabled and Elderl Income- il. I l o eo n r rant-.
Income eligible households with a disabled member or elderly income-eligible homeowners may
receive financing through a grant that does not need to be repaid.
ELIGIBLE APPLICANTS
Applicant's gross household income (income from all sources before taxes and withholding for every
household member, age 18 and over) may not exceed 80%of the area median income,as
determined by the U.S. Department of Housing and Urban Development(HUD).The following apply:
• To qualify for grant funding, at least one homeowner residing in the residence must be at
least 62 years old or have a member of the household that is disabled.
• The applicant must be the homeowner and occupy the home for at least twelve months
before the date of application. Life estate holders may be eligible (documents will need to be
reviewed).The trustee must agree to sign all documents.
• Absentee owners are not eligible.
• Applicants must have 100%ownership interest in the residence to be improved
• Applicants must have clear title to the subject property as evidenced by a title search or deed
• Must have home repair needs that threaten the homeowner's safety, energy efficiency,
habitability, and accessibility.
• Payments on all mortgages on the property must be current. If the mortgage payment is
delinquent, it must be brought current before application and remain current through the
closing.
• Must not have received housing rehabilitation assistance under any program administered by
the City of Boynton Beach.
• Property taxes must be current.
• Must be current on obligations owed to or insured by any body of government, including, but
not limited to code violation liens, income tax liens, child support,and student loans. If the
loan has been charged off, the owner will be required to contact the lender and arrange to
pay the past due amount.
• If a payment arrangement is made, payment must be current at the time of loan application
and approval. If the loan has been forgiven,written proof must be obtained.
• If the owner's gross monthly income is less than their monthly expenses, is an automatic
denial based on inability to maintain the property. Unless those improvements which are
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Exhibit
Scope of Services
being done will reduce property insurance,wind storm insurance and/or utility cost to make
the property affordable.
OCCUPANCY REQUIREMENTS
Homeowner must have owned the property and Homesteaded the property as his/her principal
residence for at least one year prior to applying for assistance.The homeowner must intend to
reside in the property for at least one year after the rehabilitation.
INCOME CERTIFICATION REQUIREMENTS
Gross annual household income included but is not limited to the gross annual projected income of
all household members age 18 and over that reside in the household before taxes or withholdings.
The following income sources must be included in the income calculation:
• Salaries,overtime earnings, commissions, bonuses,full-time and part-time earnings,
seasonal employee earnings,tips
• Unemployment compensation
• Social Security benefits
• Public assistance
• Net rental income
• Pensions
• Alimony and child support
• Net income from business activities
• Interest and dividend income
• Capital gains
• Imputed income
• Partnership income
• Partnership income
• Bank accounts(i.e. checking, savings and CDs)
• Prepaid debits cards (i.e. Green Dot, Prepaidify, Payoneer, Bluebird)
• Brokerage accounts(i.e. stocks, bonds)
• IRAs,401-Ks,457s,
ELIGIBLE PROPERTIES:
• Properties that are being repaired must be the sole and primary residence of the owner.
• Homesteaded Owner-Occupied Single-family properties (Mobile Homes are not eligible)
• Applicant must own property for at least one year prior to application date
• Must be the applicant's Homesteaded property
• The property to be improved must not have a lien as a result of code violations.
• The property must be located within city limits(property control number beginning with
08).
TITLE VERIFICATION
The SUBRECIPIENT will verify the following:
• The legal description of the subject property
• The owner's ownership interest by conducting or facilitating a title search/investigation
• Existing liens, if any on the property
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Exhibit
Scope of Services
ELIGIBLE IMPROVEMENTS
Improvements include but not limited to:
• Electrical
• Plumbing
• Air Conditioning Replacement
• Insulation
• Single families detached dwellings are also eligible for:
o Roof Replacement
o Exterior Doors Replacement
o Windows Replacement
• Accessibility Improvements for occupant(s)with disabilities
• Repairs incidental to any of the above(i.e. drywall, caulking and painting)
• Other conditions that could cause the home to be or become uninhabitable will be
considered on a case by case basis.
Each improvement must be made and in compliance with all applicable health,fire prevention,
building and housing codes standards, and product approvals.
APPLICATION PROCESS
• Funding is awarded on a first come,first qualified basis
• The SUBRECIPIENT will assist applicant with the application process
• The SUBRECIPIENT will review the applications and supporting documentation to
ensure all eligibility criteria are met
• Applications must be signed by all homeowners
• All forms in the application package must be signed by all household members over 18
• Income Certifications must be signed by all household members over 18
• The SUBRECIPIENT will perform visual home inspection to identify required
improvements and write specifications
• The SUBRECIPIENT will review with homeowner proposed improvements
• The SUBRECIPIENT will send work specifications to City's Community Improvement
Division for approval
• The approval of funds to complete rehabilitation is contingent upon the availability of
funds and City's Approvals
• The SUBRECIPIENT will prepare bids, receive bids from contractors,and selects
contractor
• Owner/contractor agreement is signed and work begins on home
• The SUBRECIPIENT will oversee the rehabilitation work through periodic inspections,
review of construction payment requests, and issuance of payments to contractors
• Final payment is not released to pay contractor until home passes the final inspection by
City's Community Improvement Division
PROPERTY INSPECTION
+ Environmental review will be done by City's Community Improvement Division"
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation;Inc.
Exhibit
Scope of Services
• The City's Community Improvement Division will submit all necessary documentation
and certification to the Florida State Historic Preservation Officer for properties 45 years
or older**
• Depending on work specification,the SUBRECIPIENT will conduct a Lead Paint
Inspection in accordance with the Lead Based Paint Poisoning Preventive Act and
assessment(if required)on properties built before 1978
• The SUBRECIPIENT will complete visual home inspection to itemize required repairs
and write specifications
• THE SUBRECIPIENT will develop and prepare work specifications for the needed
improvements for bidding purposes.
• THE SUBRECIPIENT will take and save photos of pre-construction condition
**All homes to be rehabilitated must undergo an,environmental review and the file documented prior
to any commitment of funds. City staff will prepare the environmental review checklist.An
environmental review consists of a statutory checklist of required review items and a request to the
Florida State Historic Preservation Officer(SHPO)for a review of historical significance and its
impact on the rehabilitation of houses that are 45 years old or more. City staff will submit a
description, maps, and photographs of the house to the SHPO. Properties with environmental
conditions will not be permitted to proceed under housing activities unless the condition is corrected.
No work can start on a site until the environmental review is complete and approved.
Each improvement must be a permanent general improvement that correct defects or deficiencies in
the property directly affecting the structural integrity,the safety, habitability, or energy consumption
of the property.
The homeowner will be responsible for moving his/her belongings to perform the improvements.
REHABILITATION REQUIREMENTS
Rehabilitation must satisfy the following requirements:
• Homeowners' Insurance is required. Only those applicants who have or who can obtain
the necessary property insurance, windstorm insurance and flood insurance(if required),
will be considered for the program.
• The SUBRECIPIENT may pay for up to one-year(12 months)insurance premium for
homeowners whose homes are uninsured as long the total cost of rehabilitation project
doesn't exceed $25,000.00
• Prior to start of rehabilitation,the property must be inspected by the City of Boynton
Beach Community Improvement Construction Coordinator to determine eligibility under
the program.
• All proposed rehabilitation must be outlined in the specifications and must address the
deficiencies and/or accessibility improvements noted on the inspection report.
• The SUBRECIPIENT will advertise and receive bids from currently licensed contractors
based on the specifications, in accordance with 2 CFR 200.320 and select the lowest
responsive and responsible bid.
• All improvements must be completed by a currently licensed contractor for their
respective trade.Any contractor who is excluded from the federal procurement, or is on
the HUD's list of Debarred Contractors, is not eligible for to participate in the program.
• A written construction contract will be prepared by the SUBRECIPIENT and executed
between the contractor and homeowner.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Exhibit B
Scope of Services
• A Notice of Commencement will be filed for all projects.
• The contractor will notify the City's Community Improvement Construction Coordinator
when application for permit has been made so the permit review can be expedited.
• Property improvements will conform to all applicable zoning ordinances and all
appropriate permits must be obtained.
• Each rehabilitated property assisted with CDBG funds for single family rehabilitation
must be a permanent improvement completed in compliance with applicable state,
county and municipal health, housing, building,fire prevention and housing maintenance
codes.
• Lien waivers must be collected from all contractors and sub-contractors upon completion
of rehabilitation.
CHANGE ORDERS
• Change orders are not permitted after the contract documents have been executed
unless unanticipated deficiencies identified during the rehabilitation process will cause
further damage to the home if not addressed.
• Any changes in the scope of work, including the reason for the change must be
documented in the file.
• In the event that a change order occurs, grant amount will be adjusted.
INDIVIDUAL GRANT
• The maximum award is up to$25,000.00 per household.
• The amount of the award will be based on the amount necessary to cure existing
substandard conditions or accessibility.
If the rehabilitation cost exceeds the maximum grant award the project will be referred to the
City's Housing Rehabilitation Program which will require a deferred mortgage of 15 years.
Anv Other Income-Eligible Houst Loan
A zero-interest deferred loans are offered to any income eligible homeowners. The homeowner has
no monthly payments and the loan is forgivable if the homeowner occupies the property as their
homesteaded residence for the loan term. However, the loan is repayable if the home is sold,
ownership is transferred, or the homeowner ceases to occupy the property as their homesteaded
residence during the loan term.
ELIGIBLE APPLICANT/BORROWER
Applicant's gross household income(income from all sources before taxes and withholding for every
household member, age 18 and over)may not exceed 80%of the area median income, as
determined by the U.S. Department of Housing and Urban Development(HUD). The applicant must:
• Be the homeowner and occupy the home for at least twelve months before the date of
application. Life estate holders may be eligible(documents will need to be reviewed).
The trustee must agree to sign all documents.
• Have 100%ownership interest in the residence to be improved
• Have clear title to the subject property as evidenced by a title search or deed.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Exhibit
Scope of Services
• Have basic home repair needs that threaten the homeowner's safety, energy efficiency,
habitability, and accessibility.
• Be current on all mortgage payments on the property. If the mortgage payment is
delinquent, it must be brought current before application and remain current through the
closing.
• No have a Reverse Mortgages.
• Not have received housing rehabilitation assistance under any program administered by
the City of Boynton Beach.
• Be current on all property taxes.
• Be current on obligations owed to or insured by any body of government, including code
violation liens, income tax liens, child support, and student loans.
■ If the loan has been charged off,the owner will be required to contact the lender
and arrange to pay the past due amount.
■ If a payment arrangement is made, payment must be current at the time of loan
application and approval. If the loan has be forgiven,written proof must be
obtained.
If the owner's gross monthly income is less than their monthly expenses, it is an automatic denial
based on inability to maintain the property; unless those improvements which are being done will
reduce property insurance,wind storm insurance and/or utility cost to make the property affordable.
OCCUPANCY REQUIREMENTS
Homeowner must have owned the property and Homesteaded the property as his/her principal
residence for at least one year prior to applying for assistance. Further the borrower must maintain
ownership and title to the property and reside in the property as their principal residence during the
term of the loan.
INCOME CERTIFICATION REQUIREMENTS
Gross annual household income included but is not limited to the gross annual projected income of
all household members age 18 and over that reside in the household before taxes or withholdings.
The following income sources must be included in the income calculation:
• Salaries,overtime earnings,commissions, bonuses,full-time and part-time earnings,
seasonal employee earnings,tips
• Unemployment compensation
• Social Security benefits
• Public assistance
• Net rental income
• Pensions
• Alimony and child support
• Net income from business activities
• Interest and dividend income
• Capital gains
• Imputed income
• Partnership income
• Bank accounts (i.e. checking, savings and CDs)
• Prepaid debits cards(i.e. Greendot, Prepaidify, Payoneer, Bluebird)
• Brokerage accounts(i.e. stocks, bonds)
• IRAs, 401-Ks, 457s,
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Exhibit
Scope of Services
ELIGIBLE PROPERTIES:
• Properties that are being repaired must be the sole and primary residence of the owner,
• Homesteaded Owner-Occupied Single-family pro e ie (Mobile Homes are not eligible)
• Applicant roust own property for at least one year prig to application date
• Must e the applicant's Homesteaded rope
• The property to be improved roust not have a lien as a result of code violations.
• The property roust be located within city limits (property control number beginning with
00).
TITLEt I
The SUBRECIPIENT will verify the following,
The legal description of the subject property
The owner's ownership interest by conducting or facilitating a title search/investigation
Existing liens, if any on the property
ELIGIBLE IMPROVEMENTS
Improvements include but not limited to;
• Electrical
• Plumbing
• Air Conditioning Replacement
• Insulation
• Single families detached dwellings are also eligible for:
Roof Replacement
* Exterior Doors Replacement
* Windows Replacement
• Accessibility Improvements for occupant(s)with disabilities
• Repairs incidental to any of the above(i.e. drywall, caulking and painting)
• Other conditions that could cause the home to be or become uninhabitable will be
considered on a case by case basis.
Each improvement must be made and in compliance with all applicable health,fire
prevention, building and housing codes standards, and product approvals.
APPLICATION
* Funding is awarded on a fiat come, first qualified basis
The SUBREUPIENT will assist applicant with the application process
The SUBRECIPIENT will review the applications and supporting documentation to
ensure all eligibility criteria are mot
Applications must be signed by all homeowners
All forms in the application package roust be signed by all household members over 1
Income Certifications must be signed by all household members over 1
The SUBRECIPIENT will perform visual home inspection to identify required
improvements and write specifications
The SUBRECIPIENT will review with homeowner proposed improvements
Community Development Block Grant Subaward Agreement
City of,Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Exhibit
Scope of Services
• The SUBRECIPIENT will send work specifications to City's Community Improvement
Division for approval
• The approval of funds to complete rehabilitation is contingent upon the availability of
funds and City's Approvals
• The SUBRECIPIENT will prepare bids, receive bids from contractors,and selects
contractor
• Owner/contractor agreement is signed and work begins on home
• The SUBRECIPIENT will oversee the rehabilitation work through periodic inspections,
review of construction payment requests, and issuance of payments to contractors
• Final payment is not released to pay contractor until home-passes the final inspection by
City's Community Improvement Division
PROPERTY INSPECTION
• Environmental review will be done by City's Community Improvement Division**
• The City's Community Improvement Division will submit all necessary documentation
and certification to the Florida State Historic Preservation Officer for properties 45 years
or older**
• Depending on work specification,the SUBRECIPIENT will conduct a Lead Paint
Inspection and assessment(if required)on properties built before 1978
• The SUBRECIPIENT will complete visual home inspection to itemize required repairs
and write specifications
• THE SUBRECIPIENT will develop and prepare work specifications for the needed
improvements for bidding purposes.
• THE SUBRECIPIENT will take and save photos of pre-construction condition
**All homes to be rehabilitated must undergo an environmental review and the file documented prior
to any commitment of funds. City staff will prepare the environmental review checklist. An
environmental review consists of a statutory checklist of required review items and a request to the
Florida State Historic Preservation Officer(SHPO)for a review of historical significance and its
impact on the rehabilitation of houses that are 45 years old or more. City staff will submit a
description, maps, and photographs of the house to the SHPO. Properties with environmental
conditions will not be permitted to proceed under housing activities unless the condition is corrected.
No work can start on a site until the environmental review is.complete and approved.
Each improvement must be a permanent general improvement that correct defects or deficiencies in
the property directly affecting the structural integrity, the safety, habitability, or energy consumption
of the property.
The homeowner will be responsible for moving his/her belongings to perform the improvements.
REHABILITATION REQUIREMENTS
Rehabilitation must satisfy the following requirements:
• Homeowners' Insurance is required. Only those applicants who have or who can obtain
the necessary property insurance, windstorm insurance and flood insurance(if required),
will be considered for the program.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Exhibit
Scope of Services
• The SUBRECIPIENT may pay for up to one-year(12 months) insurance premium for
homeowners whose homes are uninsured as long the total cost of rehabilitation project
doesn't exceed $25,000.00
• Prior to start of rehabilitation,the property must be inspected by the City of Boynton
Beach Community Improvement Construction Coordinator to determine eligibility under
the program.
• All proposed rehabilitation must be outlined in the specifications and must address the
deficiencies and/or accessibility improvements noted on the inspection report.
• The SUBRECIPIENT will advertise and receive bids from currently licensed contractors
based on the specifications, in accordance with 2 CFR 200.320 and select the lowest
responsive and responsible bid.
• All improvements must be completed by a currently licensed contractor for their
respective trade. Any contractor who is excluded from the federal procurement, or is.on
the HUD's list of Debarred Contractors, is not eligible for to participate in the program.
• A written construction contract will be prepared by the SUBRECIPIENT and executed
between the contractor and homeowner.
• A Notice of Commencement will be filed for all projects.
• The contractor will notify the City's Community Improvement Construction Coordinator
when application for permit has been made so the permit review can be expedited.
• Property improvements will conform to all applicable zoning ordinances and all
appropriate permits must be obtained.
• Each rehabilitated property assisted with CDBG funds-for single family rehabilitation
must be a permanent improvement completed in compliance with applicable state,
county and municipal health, housing, building, fire prevention and housing maintenance
codes.
• Lien waivers must be collected from all contractors and sub-contractors upon completion
of rehabilitation.
CHANGE ORDERS
• Change orders are not permitted after the contract documents have been executed
unless unanticipated deficiencies identified during the rehabilitation process will cause
further damage to the home if not addressed.
• Any changes in the scope of work, including the reason for the change must be
documented in the file.
• In the event that a change order occurs, loan amount will be adjusted
DEFERRED LOAN TERMS
• The maximum award is up to $25,000.00 per household.
• The award will be in the form of a deferred loan to be recorded following the homeowner
and contractor construction conference
• Deferred loans have a zero percent(0%)interest requiring no monthly payments.
• Deferred loans shall be secured by a Mortgage and Promissory Note payable to the City
of Boynton Beach for one of the following terms and shall be fully forgiven at the end of
the term of the loan:
❖ Up to $10,000.00—3 years
❖ $10,000.00 - $15,000.00—5 years
❖ $15,000.00$25,000.00— 10 years
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
Exhibit
Scope of Services
• The amount of the award will be based on the amount necessary to cure existing
substandard conditions or accessibility.
• Recording fees,title search and title insurance costs may be included in the loan amount
as long as the loan amount does not exceed the maximum award amount
• If the rehabilitation cost exceeds the maximum loan award ($25,000.00)the project will
be referred to the City's Housing Rehabilitation Program which will require a deferred
mortgage of 15 years.
• The mortgage may be subordinated once and in conformance with the City's
Subordination Policy(a copy of the City's Subordination Policy may be obtained by
contacting the City's Community Improvement Division)as part of a refinance of the
primary loan.
• In the event of homeowner's death, heirs to the property who choose to make their
-property their Homestead, may Income Certified,and if they make less than 80%of
the Area Median Income, can continue the mortgage with same temps of forgiveness;
otherwise the heirs must have to payoff the full amount of the loan.
• If the home is sold or title is transferred during the term of loan, the full amount must be
repaid to the City.
• The loan is in default and shall be immediately due and payable to the city if any of the
following occur during the term of the loan:
❖ The property is sold,title is transferred or otherwise conveyed prior to the
expiration of the loan term:
❖ The property ceases to be the homestead of the homeowner prior the
expiration of the loan term.
❖ The property is converted to a rental property
❖ Refinancing with cash out or debt consolidation, or subject to a Reverse
Mortgage
PROJECT PUBLICITY
In order to advance City's interest for public awareness and community engagement, the
SUBRECIPIENT shall ensure that any news release or other type of publicity pertaining to the
project as stated herein must recognize the"City of Boynton Beach"as the recipient.funded by the
U.S. Department of Housing and Urban Development and the entity that provided funds for the
project.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based;Community Development Corporation, Inc.
EXHIBIT C
Based on the Scope of Services as set forth in Exhibit 13, below is the established budget and
activities for this Agreement:
Project Phase CDG Funds
Rehabilitation* $340,000.00
Activit y Delivery Cost— 15% $ 60,000.00
Totals $400,000.00
...All reimbursement requests must be supported by an appropriate1evel of expense support
documentation and progress reporting clearly demonstrating that the applicable Progress threshold
for the request has been achieved on the project and that all rehabilitation has been completed in
accordance with local and state property requirements,all permits have been satisfied.
There shall be up two draws per each unit being rehabilitated.The first request upon completion of
50% of the rehabilitation and the second may be requested upon final completion of the project.
Reimbursement will be pay after all supporting documents and work performed has been reviewed
by the Community improvement Division.
All requests for reimbursement shall adhere to the standards set forth in Article 10:
Reimbursement Requests and Article 11: Payment Terms. Failure for SUBRECIPIENT to adhere
to these standards may result in delay of payment and/or disallowance of funding.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
�
The following are hereby incorporated into this"Attachment V(insurance Advisory Form) by reference:
City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate Coverages listing the
limits,City of Boynton Beach as Additional Insured.This is done by providing a Certificate of Insurance listing the City as
"Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance
companies providing insurance coverages must have a current rating by A.M.Best Co.of"B-P'or higher. (7VOTE:An
insurance contract or binder may be accepted asproofof insurance if Certificate isprovided upon selection ofvendor.)The
following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City:(NOTE:
This list is not all inclusive,and the City reserves the right to require additional types of insurance,or to raise or
lower the stated based upon '
---------------------------------------------------------- ------------------------------_'__-_________________'__-_____'
TYPE(0mxurreooeBaaedOn}y)MINIMUM LIMITS REQUIRED
______________________________________________________________________________
0:mnna Liability General Aggregate $ l~00O'O00.0O
Commercial General Liability Products-Comp/Y}pAg8' $ l,O0OJUOO.00
Owners&QootruotoemProtective(DCP) 9emoou JtAdv.Injury $ 1,000'000.00
}\o6nstou Abatement Each Ouonnreooc $ 1,000,000.00
Lead Abatement Fire Damage(any one fire) $50,000.00
Broad Form Vendors Med.Expense(any one person) $5.000.00
Premises Operations
Underground Explosion&Collapse
Products Completed Operations
Contractual
Independent Contractors
Fixe Legal Liability
---------------------------------------------------------------------------
Pnofemdnmal Liability Aggregate-$l,0O8,o00.0O
----------------------------------------------------------'----------'--------'
Automaobile Liability Combined Single Limit $ l,O0O,000.00
Any Auto
All Owned Autos
Hired Autos
Non-Owned Autos
------------------------------------------------------------------------------
Exoemml3m6Uity Each Occurrence om6wdetermined
Umbrella Form Aggregate u»badetermined
______________________________________________________________________________
Ww6ker'sCbmprooatimm Statutory Limits
Employer's Liability Each Accident $ 1.08O,0O0.O0
Disease,Policy Limit $ l,OOO,0O0.O0
Disease Each Employee $ l,000l00lW
_____________________________________________________________________________
9uoperty:
Homeowners Revocable Paood $30O,O00.QO
Builder's Fisk Limits based ooProject Cost
Installation Floater Limits based ouProject Cost
------------------------------------------------------------------'-----------
Qthu 'AnRisk Identified to be determined
_____________________________________________________________________________
o«uouANoemmmaORYFOnM Revised 04/2021
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
^` �,
The following are hereby incorporated into this "Attachment 2" (Uniform Guidance Contract
Provisions) by reference:
Note: References to Project herein shall be deemed a reference to the services provided under the
contract with SUBRECIPIENT by contractor.
2 CFR Part 200 Uniform Guidance Contract Provisions
(1)Breach of Contract
Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount
determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations
Council (Councils) as authorized,by 41 U.S.C. 1908, currently set at $2.50,000 must address
administrative,contractual,or legal remedies in instances where contractors violate or breach contract
terms and provide for such sanctions and penalties as appropriate. (Contracts for more than the
simplified acquisition threshold,currently set at$250,000)
(2)Termination
All contracts in excess of$10,000 must address termination for cause and for convenience by the non-
Federal entity including the manner by which it will be affected and the basis for settlement(Contracts
in excess of$10,000). In accordance with 2 CFR 200.341, suspension or termination may occur if
the SUBRECIPIENT materially fails to comply with any term of this Agreement. The Agreement may
also be terminated, by either parties, for convenience in accordance with 2 CFR 200.341, which
provides for termination for mutual convenience,or partial termination for specified reasons.
(3) Equal Employment Opportunity Required Language 41 CFR §60-1.4(b)
Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment
Opportunity," (30 FR 12319, 12935, 3 CFR Part 1964-1965 Comp., p.339) as amended by Executive
Order 11375 of October 13, 1967, entitled "Amending Executive Order 11246 Relating to Equal
Employment Opportunity,"and implementing regulations at 41 CFR Part 60,entitled"Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Except as
otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted
construction contract"in 41 CFR Part 60.1.3 must include the equal opportunity clause provided under
41 CFR 60-1.4(b).
41 C.F.R. Part 60-1.4(b)
During the performance of this contract,the SUBRECIPIENT agrees as follows:
(1) The SUBRECIPIENT will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The
SUBRECIPIENT will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but not be limited to the
following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The SUBRECIPIENT agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions of
this nondiscrimination clause.
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
(2)The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf
of the SUBRECIPIENT, state that all qualified applicants will receive considerations for employment
without regard to race, color, religion, sex, or national origin.
(3)The SUBRECIPIENT will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant.
This provisions shall not apply to instance in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not otherwise
have access to such information, unless such, disclosure is in response to a formal complaint or
charge, in the furtherance of an investigation,proceeding, Marino br'aictibn, including an investigation
conducted by the employer, or is consistent with the contractors' legal duty to furnish information.
(4)The SUBRECIPIENT will send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding,a notice to be provided advising
the said labor union or workers' representatives of the contractor's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
(5) The SUBRECIPIENT will comply'With all provisions of Executive Order 11246 of September 24,
1965,and of the rules, regulations,and relevant orders of the Secretary of Labor.
(6)The SUBRECIPIENT will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency and
the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(7) In the event of the SUBIRECIPIENT's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations,or orders,this contract may be canceled,terminated,
or suspended in whole or in part and the contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule,regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
(8) The SUBRECIPIENT will include the portion of the sentence immediately preceding paragraph(1)
and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless
exempted by rules, regulations,or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor.
(4)Contracted Work Hours and Safety Standards
Compliance with Sections 3702 and 3704 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 3701-3708) as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40
U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic
and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate of not less than one and a half
times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials
or articles ordinarily available on the open market, or contracts for transportation or transmission of
intelligence. (Construction contracts in excess of $100,000 which involve the employment of
mechanics or laborers)
29 C.F.R. §5.5(b)provides Compliance with the Contract Work Hours and Safety Standards Act
(1)Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any
such laborer or mechanic in any workweek in which he or she is employed on such work to work in
-excess.of forty-hours in such workweek unless such lab6re'r or mechanic receives compensation ata'
8'
rate not less than one and one-half times the basic rate of pay forallhours Worked in excess of forty
hours in such workweek.
(2)Violation;liability for unpaid wages; liquidated damages. In the event of any violation of the clause
set forth'in,paragraph (1) of this section the contractor and any subcontractor responsible therefor
shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to
the United States(in the case of work done under contract for the District of Columbia or a territory,to
such District or to such territory),for liquidated damages. Such liquidated damages shall be computed
with respect to each individual, laborer or mechanic, including watchmen and guards, employed in
violatiorf of the,clause set forth in paragraph (1) of this section, in';the sum of$29,for each calendar
day on which such individual was required or permitted to 'work in excess of the standard workweek
of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1)
of this section.
(3) Withholding for unpaid wages and liquidated damages. The SUBRECIPIENT shall upon its own
action or upon written request of an authorized representative of the Department of Labor withhold or
cause to be withheld, from any moneys payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal contract with the same prime contractor,
or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2)of this section.
(4)Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth
in paragraph (1)through (4) of this section and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts.The prime contractor shall be responsible for compliance
by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)through
(4)of this section.
(6)Clean Air and Water
The SUBRECIPIENT must comply with all applicable standards,orders or regulations issued pursuant
to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387). Violations must be reported to U.S. Treasury and the Regional Office of the
Environmental Protection Agency (EPA) (Contracts, subcontracts, and subgrants of amounts in
excess of$160,000)
(6) Debarment and Suspension (Executive Orders 12549 and 12689)
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
A SUBRECIPIENT award (see 2 CFR 180.220) must not be made to parties listed on the
governmentwide Excluded Parties List System in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR
Part 1986 Comp.,p. 189)and 12689(3 CFR Part 1989 Comp., p.235), "Debarment and Suspension."
The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory
authority other than Executive Order 12549. (Contracts, subcontracts of amounts in excess of
$25,000)
SEPARATE CERTIFICATION DOCUMENTS INCLUDED FOR SIGNATURE.
(7) Byrd Anti-Lobbying Amendment
Compliance with the.Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—SU I BR EC I P I ENTS that apply
or bid for an award of$100,000 or more must file the required certification. Each tier certifies to the
tier above that it will not and has not used Federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency,a member of Congress,
officer or employee of Congress,zor an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must
also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
SEPARATE,CERTIFICATION DOCUMENT INCLUDED FOR SIGNATURE.
(8) Procurement of Recovered Materials
The SUBRECIPIENT must comply with section 6002 of the Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring
only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 CFR part 247
that contain the highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds$10,000 or the value
of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery;and establishing an
affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
(9) Prohibition on Certain Telecommunications and Video Surveillance Services Or Equipment
2 CFR §200.216; Public Law 115-232, Section 889;2 CFR§200.471
(a) Definitions. As used in this clause, the terms backhaul; covered foreign Country; covered
telecommunications equipment or services; interconnection arrangements; roaming; substantial or
essential component;and telecommunications equipment or services have the meaning as defined in
FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered
Telecommunications Equipment or Services(interim),as used in this clause.
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year
2019, Pub. L. No. 115-232, and 2 C.F.R. §200.216 prohibit the head of an executive agency
on or after Aug.1 3,2020, from obligating or expending grant,cooperative agreement, loan, or
loan guarantee funds on certain telecommunications products or from certain entities for
national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
subcontractors may not use grant, cooperative agreement, loan, orloan guarantee funds from
the Federal Emergency Management Agency to:
U\ Procure or obtain any equipnlert, ayotenn, or service that uses covered
telecommunications equipment orservices aomsubstantial oressential component ofany
system,orascritical technology of any system;
(ii) Enter into, extend,or renew a contract to procure or obtain any equipment, system, or
service that uses covered telecommunications equipment orservices as asubstantial or
essential component ofany system, oraecritical technology ofany system;
(i0 Enter into, extend, 'or renew contracts With entities that use oo*emad
telecommunications equ|pmnerdorsemices as aambmtanbe|oresmenbmn
�|�� ppnentmfany
sohtic6| dMnoloid
y �o part of. or (iv) Provide,��e. as* part of
' opd�rn�/noeofthis ountnac[subcontract,orother cmntenctua|instrument, any equipment,
pymtem, or men/ice that Uses covered telecommunications equipment or services as a
substantial oressential component ofany system, oras critical technology aopart mfany
system.
(c) Exceptions.
(1)This clause does not prohibit SUBFEC|P|ENTofrom proViding—
(i} A service that connects to the facilities of third-party,
_
such as backhaul, roaming, or
interconnection arrangements; orContract Provisions Guide 2B
` .^. -` �.' ^ ^
8U���oornnnun|c�t�n��quipn1�ntthet�ennotnoutaornedirectuoerdatatnaffic orpemmdvioibUbv
into any user data or packets that such equipment transmits or otherwise handles.
C2\ By necessary implication and nagu|adion,the prohibitions also do not apply to:
U\ Covered telecommunications equipment or services that: i Are not used as a myMstantia| or
essential component ofany system; and ii.Are not used amcritical technology ofany system.
(ii) Other telecommunications equipment or services that are not considered ooxammd
telecommunications equipment orservices.
(d)Reporting requirement.
/11 In the event the SUBREC|P|ENT identifies covered telecommunications equipment or services
used aaasubstantial wressential component of any system, ores critical technology aapart ufany
system, during contract performance, orthe contractor isnotified mfsuch b« a subcontractor sdany
tier orby any other source,the contractor shall report the information inparagraph/d\(2)ofthis clause
to the recipient orSUBREC|P|ENT. unless e|aexvhena in this contract are established procedures for
reporting the information.
(2) The SUBREC|P|ENT shall report the following information pursuant to paragraph (d)(1) of this
clause:
(i) Within one business day from the data of such identification or notification: The contract
number; the order number/m\, if applicable; supplier name; supplier unique entity identifier/if
knoxxn); muppUer(�onmmnercia| and (�owernnmentEntity (<�A��E) code Ufknown); brand; model
number (original equipment manufacturer nunmber, manufacturer part numnber, or wholesaler
number); item description; and any readily available information about mitigation actions
undertaken orrecommended.
(ii)Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:
Any further available information about mitigation actions undertaken or recommended. in
addition,the contractor shall describe the efforts it undertook to prevent use or submission of
covered telecommunications equipment or servicee, and any additional efforts that will be
incorporated to prevent future use or submission of covered telecommunications equipment
or services.
(e) Subcontracts. The SUBRECIPIENT shall insert the substance of this clause, including this
paragraph (e), in all subcontracts and other contractual instruments
(10) Domestic Preference for Procurements
(a) As appropriate and to the extent consistent with law, the SUBRECIPIENT should, to the greatest
extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States(including but not limited to iron,aluminum, steel,cement,and
other manufactured products). The requirements of this section must be included in all subcontracts
including all contracts and purchase orders for work of.products.under this contract.
(b) For purposes of this section:
(1)"Produced in the United States" means,for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the
United States.
(2)"Manufactured products"means items and construction materials composed in whole or in
part of non-ferrous metals such as aluminum; plastics.and polymer-based products such as
polyvinyl chloride pipe;aggregates such at.cqncrete;.gIass,including optical fiber;and lumber.
(111)Contracting with small and minority businesses,women's business enterprise,and labor surplus
area firms (2 CFR§200.321)
The SUBRECIPIENT, if subcontracts are to be let, must take all necessary affirmative steps to assure
that minority businesses, women's business enterprises, and labor surplus area firms are used when
possible.Affirmative steps must include:
a. Placing qualified small and minority businesses and women's business enterprises on solicitation
lists;
b. Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority business, and women's business enterprises;
d. Establishing delivery schedules, where the requirement permits, which encourage participation by
small and minority businesses, and women's business enterprises;
e. Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce;and,
f. Requiring the prime contractor, if subcontracts are to be let,to take the affirmative steps listed in (a)
—(e) of this paragraph.
(12)Davis-Bacon and Related Act Requirements (40 U.S.C. 3141-3148;29 CFR Part 5)
When required by Federal program legislation, all prime construction contracts in excess of$2,000
awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
(40 U.S.C.3141-3144,and 3146-3148)as supplemented by Department of Labor regulations(29 CFR
Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination
made by the Secretary of Labor. In addition,contractors must be required to pay wages not less than
once a week. The non-Federal entity must place a copy of the current prevailing wage determination
issued by the Department of Labor in each solicitation.The decision to award a contract or subcontract
must be conditioned upon the acceptance of the wage determination. The non-Federal entity must
report all suspected or reported violations to the Federal Awarding agency. The contracts must also
include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations(29 CFR Part 3, "Contractors and Subcontractors
on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United
-States"). The Act provides that each contractor or SUBRECIPIENT must be prohibited from inducing,
by any means, any person employed in the construction, completion' ,.or repair of public work,to give
up any part of the compensation to which he or she is otherwise entitled.The non-Federal entity must
report all suspected or reported violations to the Federal Awarding agency.
CONTRACT PROVISIONS
(1)Access and Retention of Records
The SUBRECIPIENT will make available to the City, Office of Inspector General and the Government
Accountability Office any documents, papers or other records, including electronic records, of the
SUBRECIPIENT that are pertinent to this contract, in order to make audits, investigations,
examinations,excerpts,transcripts,and copies of such documents.This right also includes timely and
reasonable access to the SUBRIECIPIENT's personnel for the purpose of interview and discussion
related to such documents.This right of access shall continue for a period of five years after completion
of project and final payment by the CITY.
The SUBRECIPIENT is required to retain Financial records,supporting documents,statistical records,
and all other non-Federal entity records pertinent to this contract and must be retained for a period of
five years from the completion of the project and final payment by the CITY, unless any litigation,
claim, or audit is started before the expiration of the 5-year period, in which event, the records must
be retained until all litigation, claims, or audit findings involving the records have been resolved and
final action taken.
The City, Office of Inspector General and the Government Accountability Office shall have the right
during normal business hours to conduct announced onsite and offsite physical visits of
SUBRECIPIENTs corresponding to the duration of their records retention obligation.
(2) Prohibiting Discrimination
The SUBRECIPIENT agrees to comply,as applicable to this contract,the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing
regulations at 31 C.F.R. Part 22,which prohibit discrimination on the grounds of race,color,or national
origin under programs or activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII-IX of the Civil Rights Act of 1968(42 U.S.C. §3601 et seq.), which
prohibits discrimination in housing on the basis of race, color, national origin, sex, familial status, or
disability;
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits
discrimination on the basis of handicap under any program or activity receiving or benefitting from
federal assistance:
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.) and Treasury's
implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in
programs or activities receiving federal financial assistance, and
v. Title II Of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§.1,2101 et seq.),
which prohibits discrimination on the basis of disability under programs, activities, and services
provided or made,available by state and local governments or instrumentalities or agencies thereto.
(3) Publications
Any publications produced with funds from this contract must display the following language: "This
project is being supported, in whole or in part by the Community Development Block Grant awarded
to the City of Boynton Beach, passed through to the Boynton Beach Faith Based- Community
Development Corporation, Inc. by the U.S. Department of the Housing and Urban Development."
(4) Increasing Seat Belt Use
The SUBRECIPIENT -is encouraged to adopt and -enforce on-the-job seat belt use policies'and
programs for its employees that operate company-owned vehicles, company-rented vehicles, or
personally operated vehicles. The SUBRECIPIENT is to include this provision in each third-party
subcontract providing services under this contract. The terms "company-owned" and "Company-
leased"refer to vehicles owned or leased either by the SUBRECIPIENT.
(5) Reducing Text Messaging while Driving
THE SUBRECIPIENT is encouraged to adopt and enforce policies that ban text messaging while
driving. The SUBRECIPIENT is to include this provision in each third-party subcontract providing
services under this contract.
(6) Compliance with State, Local and Federal Requirements
This is an acknowledgement that U.S. Department of Housing and Urban Development funds may be
used to pay all or a portion of the contract. The SUBRECIPIENT and all subcontractors must comply
will all applicable federal law, regulations, executive orders, U.S. Department of Housing and Urban
Development, procedures, and directives.
(7) No Obligation by Federal Government
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities
to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the
contract.
(9) Program Fraud and False or Fraudulent Statements or Related Acts
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
The SUBRECIPIENT acknowledges that 31 U.S.C. 38(Administrative Remedies for False Claims and
Statements)applies to the SUBRECIPIENT's actions pertaining to this contract.
GOVERNMENT WIDE DEBARMENT AND SUSPENSION
OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2
CFR, Part 180 (including the requirement to include a term or condition in all lower tier covered
transactions and contracts and subcontracts described in 2 CFR, Part 180, Subpart B) requires that
the award is subject to 2 CFR, Part 180 and Treasury's implementing regulation at 31 CFR, Part 19.
As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to
participate in this.federelly funded contract and are not presently declared by any Federal department
or agency to be:
a. Debarred from participation in any federally a 6sisited Contract;
b. Suspended from participation in any federally assisted Contract;
c. Proposed for debarment from participation in any federally assisted Contract;
d. Declared ineligible to participate in any federally assisted Contract;
e. Voluntarily excluded from:participation.in any federally assisted Contract;.or
f. Disqualified from participation in ay federally assisted Contract.
By signing and submitting this form, the bidder or proposer certifies as follows:
The certification in this clause is ' irepresentat'io'n' of fact relied upon by the City.Iflit is later determined
a material' ""matenal
by the City that the bidder or proposer oser knowingly rendered an erroneous certification, in addition to remedies
available to the City, the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 CFR, Part
180, Subpart C, as supplemented by 31 CFR, Part 19, while this offer is valid and throughout the period of
any contract that may arise from this offer. The bidder or proposer further agrees to include a provision
requiring such compliance in its lower tier covered transactions.
Date lo 211,1, .2I-
Print Name of Authorized Official
Title ca e rP
Signature of Authorized Official
Company Name .91)"low /66e,,( /W
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.
CERTIFICATION REGARDING LOBBYING
31 U.S.C. 1352
2 CFR Part 200 Appendix II (1)
31 CFR Part 21
The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-Lobbying Amendment,
31 U.S.C. § 1352(b)(5),2 CFR Part 200 Appendix II (1), and 31 CFR Part 21.
The undersigned certifies,to the best of his or her knowledge and belief, that:
,1: No Federal appropriated fund's have been paid dor will be paid, by®r o., If of the undersigned,to any
person for influencing or attempting to influence an officer or employee of an 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 contract, 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 contract, grant, loan, or cooperative agreement.
2. 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
contract,.grant, loan', or:cooperative agreement,'the.undersigned'shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents
for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and
cooperative agreements)and that all SUBRECIPIENTs shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31, U.S.C. § 1352(as amended by the Lobbying Disclosure Act of 1995).Any person
who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to
file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, certifies or affirms the
truthfulness and accuracy of each statement of its certification and disclosure,if any. In addition,the Contractor
understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and
disclosure, if any.
" o d
Print Name &Title of Authorized O cial �- _4"?Se / !�
Signature of Authorized Official
Company Name
Date
Community Development Block Grant Subaward Agreement
City of Boynton Beach and Boynton Beach Faith Based Community Development Corporation, Inc.