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R12-071 1 RESOLUTION R12- 07 1 2 3 1 I A RESOLUTION OF THE CITY COMMISSION OF 4 ' THE CITY OF BOYNTON BEACH, FLORIDA, 5 ; APPROVING AN AMENDMENT TO THE 6 COMMUNITY DEVELOPMENT BLOCK GRANT 7 , ONE YEAR ACTION PLAN FOR FISCAL YEAR 8 2011/2012 IN THE TOTAL AMOUNT OF $100,000 TO 9 PROVIDE FUNDING FOR PROPERTY 10 ACQUISITION AND ECONOMIC DEVELOPMENT; 11 AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, on July 5, 2011, the City Commission approved the One Year Action 14 Plan for fiscal year 2011/2012; and 15 WHEREAS, staff recommends and the City Commission approves amending the 16 Fiscal Year 2011/2012 Action Plan with the addition of two activities. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption 21 hereof. 22 Section 2. The City Commission of the City of Boynton Beach, Florida does 23 hereby approve an amendment to the Community Development Block Grant One Year Action 24 Plan Fiscal Year 2011/2012 in the total amount of $100,000 to provide funding for property 25 acquisition ($70,000) and Economic Development ($30,000). 26 Section 3. This Resolution will become effective immediately upon passage. S \CA\RESO\Reso - Amend CDBG One Year Action Plan 201112 doe 1 11 -tfi 1 PASSED AND ADOPTED this 7 day of August, 2012. 2 i CITY OF BOYNTON BEACH, FLORIDA 3{ 4 6 Mayor — Woodrow L. H. 7 8 9 10 Vice Mayor — Mack McCray 11 12 13 14 Commissioner — 15 16 17 18 Co • sione — Stev- Holzman f ;' 19 2 21 22 ATTEST: Commissioner — Marlene Ross 23 24 1 25 II • 26 4� • 27 Ja -t M. Prainito, MMC 28 ty Clerk 29 30 31 32 .5 s 33 l 1. : rpcorp,kie Seal) 34 I � f S \CA \RESO \Reso - Amend CDBG One Year Action Plan 201 112 doc 2 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AID TO VICTIMS OF DOMESTIC ABUSE, INC. a . t� THIS AGREEMENT, entered into this tc day of C c (' , 2012, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and AID TO VICTIMS OF DOMESTIC ABUSE, INC., a non - profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at Post Office Box 6161, Delray Beach, FL 33482 and its Federal Tax Identification Number as 59- 2486620. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and AID TO VICTIMS OF DOMESTIC ABUSE, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage AID TO VICTIMS OF DOMESTIC ABUSE, INC. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Community Improvement Division 4) "The Agency" means AID TO VICTIMS OF DOMESTIC ABUSE, INC. Page 1 of 16 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51 %) of low- and moderate - income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A ", and submit invoices using the cover sheet in Exhibit "B ", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee- approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $15,000.00 for the period of October I, 2012 through September 30, 2013. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant, CFDA No. 14.218, Award No. B- 12 -MC -12 -0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement retroactive with the effective date of October 1, 2012 or receipt of an Order to Proceed in writing from CID. In any event, all services required hereunder shall be completed by the Agency by September 30, 2013. C. Method of Payment The City agrees to make payments and /or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and final payment shall be submitted to CID for approval no later than thirty (30) days after the end of the contract date.. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate October 1, 2012. Page 3 of 16 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the Agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi- funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A -110 and A -122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly and /or quarterly) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out -of- town - travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, Tower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minority /Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority /women -owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority /women -owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Project Beneficiaries At least 51 percent (51 %) of the beneficiaries of a project funded through this agreement must be low - and moderate - income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly and /or quarterly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low -and moderate - income persons; (4) racial breakdown; and (5) the number of female- headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A -133. Nonprofit organizations expending federal awards of $500,000 or more under only one federal program must have a program specific audit performed audit performed, in accordance with OMB A -133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A -110, A -133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. The Agency shall provide for thirty (30) days notice of cancellation, non - renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A -110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. J. Citizen Participation The Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and /or HUD in all publications and publicity. In addition, the Agency will make a good faith effort to recognize City's support for all activities made possible with funds available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A -110, A -122 and A -133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by -laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID. Items 9 through 14 above shall be transmitted to CID by the Agency. 15) Executive Order 13166 — Improving Access to Persons with Limited English Proficiency M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective Page 11 of 16 date thereof, at least five (5) working days before the effective date of termination or suspension. 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132 -133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the /8 day of QCT08CFZ , 2012. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida �y� BY / f / • BY: j B Vax-44-4-a CLERK / CITY MANAGER APPROVED AS TO FORM: � it � Y 'O,� C ATTORNEY A o r AID TO VICTIMS OF DOMESTIC ABUSE, INC. v .. ,� r ` N 6 By 4 'L : ` I Ti6O, ,k,_--7, ) By: [CORPORATE SEAL] Page 14 of 16 AID TO VICTIMS OF DOMESTIC ABUSE, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees to, within the time line of October 1, 2012 through September 30, 2013 to: A. Provide programs in schools to students in Pre -K to 12 grade designed to prevent domestic violence. B. Identify children living in homes where domestic abuse is present. Children who are identified as being affected by domestic violence are given the opportunity to participate in a support group. C. Goals of the programs include: 1. Provide domestic violence education presentations for 500 students in the municipality of Boynton Beach. 2. Provide intensive nine (9) week curricula for 50 students in the municipality of Boynton Beach. 3. Provide safety planning to students at presentations. D. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. Reimburse the Agency for the following budget items: Salaries & Benefits $15,000.00 TOTAL $15,000.00 B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the Agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 16 AID TO VICTIMS OF DOMESTIC ABUSE, INC. EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. 0. Box 310 Boynton Beach, Florida 33425 -0310 From: [Name of Sub - grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. APPROVED FOR PAYMENT — Octavia S. Sherrod Page 16 of 16 R''0 ) - C \_ AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION A THIS AGREEMENT, entered into this I O day of t✓e Ac_)hL. x-- , 2012, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION, a non - profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 2191 N. Seacrest Boulevard, Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 65- 0971509. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION, desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION, to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Community Improvement Division Page 1 of 16 4) "The Agency" means BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51 %) of low- and moderate - income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A ", and submit invoices using the cover sheet in Exhibit "B ", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee- approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $70,000.00 for the period of October I, 2012 through September 30, 2013. Page 2 of 16 Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant, CFDA No. 14.218, Award No. B- 12 -MC -12 -0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement retroactive with the effective date of October 1, 2012 or receipt of an Order to Proceed in writing from CID. In any event, all services required hereunder shall be completed by the Agency by September 30, 2013. C. Method of Payment The City agrees to make payments and /or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and final payment shall be submitted to CID for approval no later than thirty (30) days after the end of the contract date. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate October 1, 2012. Page 3 of 16 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the Agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi- funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty -five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. 4) Purchasing Page 4 of 16 All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A -110 and A -122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly and /or quarterly) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out -of- town - travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior Page 5 of 16 written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, Tower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minority /Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority /women -owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority /women -owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. C. Project Beneficiaries Page 6 of 16 At least 51 percent (51 %) of the beneficiaries of a project funded through this agreement must be low - and moderate - income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly and /or quarterly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low -and moderate - income persons; (4) racial breakdown; and (5) the number of female- headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A -133. Nonprofit organizations expending federal awards of $500,000 or more under only one federal program must have a program specific audit performed audit performed, in accordance with OMB A -133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review. This Agency is required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A -110, A -133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. The Agency shall provide for thirty (30) days notice of cancellation, non - renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A -110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. The Agency further covenants that no person who presently exercises any functions or responsibilities in Page 9 of 16 connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. J. Citizen Participation The Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and /or HUD in all publications and publicity. In addition, the Agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A -110, A -122 and A -133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by -laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501 ©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID. Items 9 through 14 above shall be transmitted to CID by the Agency. 15) Executive Order 13166 — Improving Access to Persons with Limited English Proficiency M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective Page 11 of 16 date thereof, at least five (5) working days before the effective date of termination or suspension. 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132 -133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the /c day of [ JG'Tc 3ER , 2012. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida • _ • • A BYE ' CLERK / CITY MANAGER GAT Y ° i PROVED AS TO FORM: CITY ATTORN � v 115- BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION By • [CORPORATE SEAL] Page 14 of 16 BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION EXHIBIT A - WORK NARRATIVE The Agency agrees, within the time line of October 1, 2012 through September 30, 2013, to provide the following services: A. Undertake the acquisition of abandoned and foreclosed upon homes for rehabilitation and resale. B. Pursue InfiIl lot acquisition /donation for single family home construction. C. Provide programs to include foreclosure prevention and home preservation education and counseling. D. New project development /construction of single family homes for resale. E. Provide workshops for homeownership and counseling. F. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. Reimburse the Agency for the following budget items: Executive Director $11,000.00 Project Manager 11,000.00 Homebuyer Coordinator Salary 28,000.00 Benefits /FICA Medicaid 5,000.00 Health Insurance 4,000.00 Accounting /Bookkeeping 11,000.00 TOTAL $70,000.00 B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the Agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 16 BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. 0. Box 310 Boynton Beach, Florida 33425 -0310 From: [Name of Sub - grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. APPROVED FOR PAYMENT — Octavia S. Sherrod Page 16 of 16 7 \ - \ AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND COMMUNITY CARING CENTER of BOYNTON BEACH, INC. THIS AGREEMENT, entered into this \ day of C \ob c'_. , 2012, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and COMMUNITY CARING CENTER of BOYNTON BEACH, INC., a non - profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 145 N.E. 4 Avenue, Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 65- 0447796. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and COMMUNITY CARING CENTER of BOYNTON BEACH, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage COMMUNITY CARING CENTER of BOYNTON BEACH, INC. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Community Improvement Division 4) "The Agency" means COMMUNITY CARING CENTER OF BOYNTON BEACH, INC. Page 1 of 16 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51 %) of low- and moderate - income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A ", and submit invoices using the cover sheet in Exhibit "B ", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee- approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $38,000.00 for the period of October I, 2012 through September 30, 2013. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant, CFDA No. 14.218, Award No. B- 12 -MC -12 -0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement retroactive with the erective date of October 1, 2012 or receipt of an Order to Proceed in writing from CID. In any event, all services required hereunder shall be completed by the Agency by September 30, 2013. C. Method of Payment The City agrees to make payments and /or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and final payment shall be submitted to CID for approval no later than thirty (30) days after the end of the contract date. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate October 1, 2012. Page 3 of 16 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the Agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi- funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A -110 and A -122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly and /or quarterly) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out -of- town - travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, Tower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minority /Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority /women -owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority /women -owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Project Beneficiaries At least 51 percent (51 %) of the beneficiaries of a project funded through this agreement must be low - and moderate - income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly and /or quarterly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low -and moderate - income persons; (4) racial breakdown; and (5) the number of female- headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. Page 7 of 16 E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A -133. Nonprofit organizations expending federal awards of $500,000 or more under only one federal program must have a program specific audit performed audit performed, in accordance with OMB A -133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A -110, A -133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated Page 8 of 16 under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. The Agency shall provide for thirty (30) days notice of cancellation, non - renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. Page 9 of 16 I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A -110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. 3. Citizen Participation The Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and /or HUD in all publications and publicity. In addition, the Agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A -110, A -122 and A -133 Page 10 of 16 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by -laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID. Items 9 through 14 above shall be transmitted to CID by the Agency. 15) Executive Order 13166 — Improving Access to Persons with Limited English Proficiency M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) Page 11 of 16 calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 0. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Page 12 of 16 Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132 -133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of OG.T0/3eik, 2012. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: L / BY , C CLERK CITY MANAGER PPROVED AS TO FORM. / to r CITY ATTOF �4 N COMMUNITY CARING CENTER of BOYNTON BEACH, INC. By: (/ 2, "r K.. / y' � I0 By: [CORPORATE SEAL] Page 14 of 16 COMMUNITY CARING CENTER of BOYNTON BEACH, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees, within the time line of October 1, 2012 through September 30, 2013, to provide the following services: A. Food Pantry at the Community Caring Center office. B. Financial Aid for transportation, utility bill payment, rent and /or mortgage assistance, medication & temporary lodging vouchers. C. Provide Nutrition Education and Chronic Disease Wellness programs. D. Provide emergency disaster assistance both pre & post activity, if needed. E. Senior, frail, and elderly caregiving program. F. Referral services for homeless, job placement & tax information. G. Assist clients with food stamp and Medicaid applications, and prescription drug assistance. H. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. Reimburse the Agency for the following budget items: Salaries $29,000.00 (25% of the Executive Director's Salary; four (4) part time case managers) Insurances 4,000.00 Audit 5,000.00 TOTAL $38,000.00 B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the Agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 16 COMMUNITY CARING CENTER of BOYNTON BEACH, INC. EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425 -0310 From: [Name of Sub - grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. APPROVED FOR PAYMENT — Octavia S. Sherrod Page 16 of 16 \ , AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND COMMUNITY CARING CENTER of BOYNTON BEACH, INC. dba "Ocean Avenue Green Market" THIS AGREEMENT, entered into this ! 5 3 \ 8r\ day of (")C.AaThe V , 2012, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and COMMUNITY CARING CENTER of BOYNTON BEACH, INC. dba "Ocean Avenue Green Market ", a non - profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 145 N.E. 4 Avenue, Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 65- 0447796. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and COMMUNITY CARING CENTER of BOYNTON BEACH, INC., dba "Ocean Avenue Green Market ", desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage COMMUNITY CARING CENTER of BOYNTON BEACH, INC., dba "Ocean Avenue Green Market ", to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Community Improvement Division Page 1 of 16 4) "The Agency" means COMMUNITY CARING CENTER OF BOYNTON BEACH, INC. dba "Ocean Avenue Green Market" 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51 %) of low- and moderate - income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A ", and submit invoices using the cover sheet in Exhibit "B ", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee- approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $20,000.00 for the period of October I, 2012 through September 30, 2013. Page 2 of 16 Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant, CFDA No. 14.218, Award No. B- 12 -MC -12 -0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement retroactive with the effective date of October 1, 2012 or receipt of an Order to Proceed in writing from CID. In any event, all services required hereunder shall be completed by the Agency by September 30, 2013. C. Method of Payment The City agrees to make payments and /or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and final payment shall be submitted to CID for approval no later than thirty (30) days after the end of the contract date. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate October 1, 2012. Page 3 of 16 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the Agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi- funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A -110 and A -122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly and /or quarterly) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out -of- town - travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to CID the procedure developed to utilize program income to offset project costs. If program income is Page 5 of 16 used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons ' residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minority /Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority /women -owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority /women -owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. . Page 6 of 16 C. Project Beneficiaries At least 51 percent (51 %) of the beneficiaries of a project funded through this agreement must be low - and moderate - income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly and /or quarterly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low -and moderate - income persons; (4) racial breakdown; and (5) the number of female- headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A -133. Nonprofit organizations expending federal awards of $500,000 or more under only one federal program must have a program specific audit performed audit performed, in accordance with OMB A -133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A -110, A -133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records Tor three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non - renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A -110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. The Agency further covenants that no person who presently exercises any functions or responsibilities in Page 9 of 16 connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of Tower- income residents of the project target area. J. Citizen Participation The Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and /or HUD in all publications and publicity. In addition, the Agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A -110, A -122 and A -133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by -laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by CID. Items 9 through 14 above shall be transmitted to CID by the Agency. 15) Executive Order 13166 — Improving Access to Persons with Limited English Proficiency M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective Page 11 of 16 date thereof, at least five (5) working days before the effective date of termination or suspension. 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severabilitv of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132 -133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the t 8 -rh day of OCTOBER., , 2012. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida 4.1 • 44. 11. - - i BYidA.4-G.YrOA-t- r CLERK j ' CITY MANAGER APPROVED AS TO FORM: ` AI H J ,F. CITY ATTOR r 04, z COMMUNITY CARING CENTER of BOYNTON BEACH, INC. dba "Ocean Avenue Green Market" n By: nee- i-+-t 6- 4--- By: [CORPORATE SEAL] Page 14 of 16 COMMUNITY CARING CENTER of BOYNTON BEACH, INC. dba "Ocean Avenue Green Market" EXHIBIT A WORK NARRATIVE I. The Agency agrees, within the time line of October 1, 2012 through September 30, 2013, to provide the following services: A. Feature quality products that can be made affordable to clients on fixed incomes and food stamps. Additional discounts may be given to food stamp recipients. B. Create a setting that encourages growth of "mom & pop" businesses and cultural diversity. C. Provide shared management and marketing services while providing technical assistance to entrepreneur businesses which includes: mentoring opportunities to encourage business expansion, access to microloans, marketing and business plan development. D. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. Reimburse the Agency for the following budget items: Salaries & Benefits $20,000.00 TOTAL $20,000.00 B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the Agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 16 COMMUNITY CARING CENTER of BOYNTON BEACH, INC. dba "Ocean Avenue Green Market" EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425 -0310 From: [Name of Sub - grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. APPROVED FOR PAYMENT — Octavia S. Sherrod Page 16 of 16 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH THIS AGREEMENT, entered into this \52; h day of ()C. C,\0Q_N" , 2012, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH, having its principal office at 100 East Boynton Beach Boulevard, Boynton Beach, Florida, 33435 and its Federal Tax Identification Number as 59- 2486620. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Community Improvement Division 4) "The Department" means THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH Page 1 of 14 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Department will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51 %) of low- and moderate- income persons. PART II SCOPE OF SERVICES The Department shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A ", and submit invoices using the cover sheet in Exhibit "B ", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT A. Maximum Compensation The Department agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee - approved expenditures and encumbrances made by the Department under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $13,123.00 for the period of October I, 2012 through September 30, 2013. Page 2 of 14 Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Such requests for changes must be made in writing by the Department to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant, CFDA No. 14.218, Award No. B- 12 -MC -12 -0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Department shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID. In any event, all services required hereunder shall be completed by the Department by September 30, 2013. C. Method of Payment The City agrees to make payments and /or to reimburse the Department for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Department or any Subcontractor hereunder. Requests by the Department for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and final payment shall be submitted to CID for approval no later than thirty (30) days after the end of the contract date. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Department and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Department must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate October 1, 2012. Page 3 of 14 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Department shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the Department's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi- funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Department shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Department by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Department to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Department to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. 4) Purchasing Page 4 of 14 All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A -110 and A -122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. The final report will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Department complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out -of- town - travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Department from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Department shall report to CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Department through this Page 5 of 14 Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A -110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Rights Compliance The Department agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, Tower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Department shall make a positive effort to utilize small and minority/women -owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women -owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Department shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. C. Project Beneficiaries Page 6 of 14 One hundred percent (100 %) of the beneficiaries of a project funded through this agreement must be low- and moderate - income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Department shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Department agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Department agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Department shall submit on an annual basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low -and moderate - income persons; (4) racial breakdown; and (5) the number of female- headed households. In the event that this Agreement should provide funds for capital improvements projects, the Department shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Department to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Department will permit CID, the City, U.S. HUD, or the Page 7 of 14 Comptroller General to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A -133. Nonprofit organizations expending federal awards of $500,000 or more under only one federal program must have a program specific audit performed audit performed, in accordance with OMB A -133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Department for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Department at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Department shall keep all documents and records for three (3) years after expiration of this Agreement. G. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Department's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Department. The Department agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. Page 8 of 14 H. Conflict of Interest The Department agrees to abide by and be governed by Office of Management and Budget Circulars A- 110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. The Department further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Department. Any possible conflict of interest on the part of the Department or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower- income residents of the project target area. I. Citizen Participation Department shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Department in carrying out the provisions of this Agreement. Representatives of the Department shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. J. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Department will include a reference to the financial support herein provided by City of Boynton Beach and /or HUD in all publications and publicity. In addition, the Department will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. K. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A -110, A -122 and A -133 Page 9 of 14 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) Executive Order 13166 — Improving Access to Persons with Limited English Proficiency L. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Department with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Department shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Department, and the City may withhold any payment to the Department until such time as the exact amount of damages due to the City from the Department is determined. 1) Termination for Cause If through any cause the Department shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Department shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Department with written notice specifying the exact nature of the failure or violation. Thereafter, the Department has (30) calendar days to remedy the failure or violation. In the event that the Department does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Department of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 10 of 14 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Department for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. M. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. N. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. O. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Department when delivered to its office at the address listed on Page One of this Agreement. Page 11 of 14 P. Counterparts of This Agreement This Agreement, consisting of twelve enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the / day of , VCTo per , 2012. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida M y,,, /il f BY: 4 BY: � t t%- ITY CLERK CITY MANAGER G AS 7 1 'PROVED AS TO FORM: 1 / ea .� x ' C ATTORN; / O G tiro N THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH By: ■ By: Page 12 of 14 THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH EXHIBIT A WORK NARRATIVE I. The Department agrees to, within the time line of October 1, 2012 through September 30, 2013 to: A. Process applications for CDBG assistance to eligible low and moderate - income families and keep files with supporting documentation for each of said families. CDBG eligibility may be based on the Department's review of income information such as tax returns and pay stubs or may use eligibility for other government assistance such as free school lunches. In the absence of any of the above, the Department may require the family to sign a document attesting to their income information and status. B. Provide a determination that applicant households are income eligible under HUD guidelines based on income and household size, using the Florida Income Eligibility Guidelines for free /reduced price meals. C. Admit children of eligible families to summer camp activities. D. Coordinate summer camp activities. E. Provide reports to the Community Improvement Division regarding income and family size of assisted families. II. The City Agrees to: A. Determine the eligibility of the activity for CDBG funding and establish the National Objective to be met by the activity as set forth in 24 CFR Part 570. B. Allocate Thirteen Thousand One Hundred Twenty Three Dollars ($13,123) in CDBG funding to the Recreation and Parks Department for use in providing scholarships to children of low and moderate income families. C. Inform the Recreation and Parks Department of any changes in CDBG regulations or program limits that affect the program. D. Review income documentation and process payments for scholarships. E. Provide technical assistance to ensure compliance with U.S. HUD, and applicable State and Local regulations. F. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. G. Monitor the Recreation and Parks Department at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by Community Improvement and will serve to ensure compliance with U.S. HUD and other regulations and to verify the accuracy of reporting procedures on program activities as described. Page 13 of 14 THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425 -0310 From: [Name of Sub - grantee] [Address] [Telephone] Subject: INVOICE REIMBURSEMENT Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. APPROVED FOR PAYMENT — Octavia S. Sherrod Page 14 of 14 C Vers Grantee Name: City of Boynton Beach " P on / Project Name: Aid to Victims of Domestic Abuse, Inc. Description: IIDIS Project #: 11 WOG Code: IFL 120264 , - 7 --.. - Loc,ation: , Post Office Box 6161, Delray -- - -- -- — -', Beach, Flonda Select one: Public Services — ' , v Explanation: Expected Completion Date: School programs for counseling children at risk of becoming abused; 9/30,2013 domestic abuse & bullying prevention. — 01*CtiVe Category 0 Decent Housing 0 Suitable Living Environment 0 EFpnOlaic Opportunity OuttOnte CabagOries . 1 Improvetheservesforiow/modincorneperns v 0 Availability/Accessilltity 1 ! v I I: Affordability 2 _ __ IF 01 People ■ Pro 100 Accompl. Type: . v Proposed — ta _ ,--. 40 Underway — Underway ' comeLte Complete > E c T = Accompl. Type: : Ner itroposed Accompl. Type: v Proposed - t = Underway 0 1. Complete ,............. con.............ete F 8 D. 8 Accompl. Type: , v Prj3o osed Accompl. T' v !Proposed et Underwat_ Underway Complete Complete A Proposed Outcome Performance Measure Actual Outcome 05 Public Services (General) 570.201(e) , ■ Matrix Codes v ' Matrbc Coda 1' IMatrix Codes v, Matnx Codes 1 v 1 Matrix Codes I v I , v Proposed Amt. $15,000 Fund Source: . v Proposed Amt. Actual Amount Actual Amount Fund Source: 1, ■ 1 Pr_lpo osed Amt. Fund Source: 1 v Proposed Amt. )1 - - Actual Amount — Actual Amount E - 1 RI A T ' 1r Proposed Units Accompl. Type: iv 1_____ Proposed Units a. Actual Units Actual Units 0 6 Accompl. Type: ' '2LIP Proposed Units Accompl. Type: 1 v1 Proposed Units _ . Actual Units Actual Units Aimmo.o... - CPMP Grantee Name: City of Boynton Beach rt.70 Project Name: Boynton Beach Faith-Based Community OeveioPMent Corporal On Description: !MIS Project #: 12 WOG Code: IFL 120264 Location: caL.VM 2191 N. Seacrest Blvd., Boynton Beach, FL 33435 Select one: Owner Occupied Housing - — -- -- 1 IF I Explanation: Expected Completion Date: Assist City in housing needs to include the t401000thood 9130 t 3 Stabilization Program. This HUD approved housing counseling - ,.,:,, category agency is a state recognized CH01) At well as e'CoMitiurilty Based Goeolit Housing Development Organization (CBI)0) . 0 Suitable Living Errwronment 0 Economic Opportunity ..-- Outcome Categories 11 Improve access to affordable owner housing for minorities TrT ID Availability/Accessibility r 2 1Improve the quality of owner housing l'e al Affordability El Sustalnability 3 i Improve access to affordable owner oung h l'r 01 People „ Np. E llrr' so osed ,5_ Accompl. Type: 1.1.11_ Underway ' Underway C , s • W Complete „ _ , 4 Complete i ■ W 7 .0 Accompl. Type: ! qv proposed Accompl. Type: ! v Itropd ,,,..,....„.....!......• U L., UnderwaL_ 7Underway O 0 Compl ...E E ..., ............... pti kite 0 0. u Accompl. 'Type: i ■ Proposed Accompl. iNope: ' Nir ..raposed , 4 Underway Underway Com • lete :Com • lets 4 411 Pro • osed Outcome Performance Measure Actual Outcome 1111111MIXIIINIMINME1100. #1111■111111111111111111110011011111, 01.11111111011.01W VIMIIMMIIIIIIIIIIIIIMIIIIIOIIOIMIIIIIIIIIIIIIIIIIMNIIIW '' 19C CDBG Non-profit Organization Capacity Building I my I . Matrix Codes Ir __ . _ ___ _ . _ L__J ____ _ . _____ _ i Matrix Codes 11 .1 Matrix Codes Matrix Codes I NY Matrix Codes - ---- [7 ri CDBG 1r Proposed Amt. $70,000 Fund Source: .. r Proposed Amt. L. Actual Amount Actual Amount al 1 W Fund Source : v Proposed Amt 1 Fund source: 1 'ir Proposed Amt. ___ _ __ _— Actual Amount mm•••=04.i. Actual Amount E ' g IV Accompl. Type: ! v Proposed Units Accompl. Type: I v Proposed Units 1.. Actual Units 1 Actual Units 2 Accompl. Type: .,' v !Proposed Units O. ' Accompl. Type: i Proposed Units Actual Units Actual Units ONINIalle• 41111111, CPMP Grantee Name: City of Boynton Beach CP"P lersit 1 i Project Name: C of Boynton Beach Recreation Department Description: IIDIS Project #: 13 IUDS Code: IFL 120264 Location: loo e. 'Boynton Beach Blvd., ___ ___ ___ .. Boynton Beach, FL 33435 Select one: Public _Sevices __...... _ _ . __ _ iv Explanation: Expected Completion Date: Provide partial scholarships for various surnmer crops for low income 9i30/2013 students eligible for free or reduced lunches. — ismsoe category o Decant Housing * Suitable Living Environment o Economic Opportunity -,......,.--- - '' '''',:v ' - ''''': ', - ' , .4■Imul.iiipromilmilm, '...........- Outcome Categaiet , Improve the services for low/mod income persons r;r7 1 1 1 C.] Availatillity/Accessibiaty 1 I El Affordability 2 1 I v I El Sustainability 3 - ---- _ 4....ommumrommop 01 People v Pro =ed 50 Accompl. Type: 1 v Pro . osed - - --- -- - - -- a+ - Underway lIlIl Underway c "E 0 COM • lute Com , late 41; E -` • Accompl. Type: iv Proposed ME Accompl. Type: i v Pro . • sod - Underway Underway '3' E corn, late 11111 Com . fete - ... gt 8 Accompl. Type: 'c rififfrialliell Accompl. Type: 1 v Pro • • od _ _ __. ______ 4 Underwa 11111 Undenriay__ Complete Com • lete Proposed Outcome Performance Measure Actual Outcome 05 Public Services (General) 570.201(e) , w Matrix Codes 1:1 IMatrix Codes I I . Mabix Codes w r - --- , Matrix Codes ._ 1 w . Codes I w 1 1.1 cD8G 1 ' v - Proposed Amt. 3 $130.23 . Fund Source. 1 w Proposed Amt. 6 Actual Amount Actual Amount m W Fund Source: w' Proposed Amt. Fund Source: 1 v Proposed Amt. Actual Amount Actual Amount Accompl. Type: 1 v Proposed Units Accomo. Type: . v Proposed Units _ CO Actual Units --- Actual Units 2 iv !Proposed Units Accompl. v Proposed Units _ Type: , 1 D Accompl. Type: . . _ . _ _. _ _ . _ Actual Units Actual Units CPMP cprot vw,»n z,a Grantee Name: City of Boynton Beach Project Name: Community Caring Center of Boynton Beach _ Description: +IDIS Project #: 14 EUOG Code: I FL 120264 Location: 145 N.E. 4th Avenue, Boynton - - - � Beach, FL 33435 - Services Select one: Public L J citywide Explanation: Expected Completion Date: Agency provides food, rent & mortgage payment assistance, and s /3,o/ 013 medicine & transportation vouchers for low income people. Assists ob' Category clients with Medicare & Food Stamp applications; volunteer 0 Decent Housing caregiving for the frail and elderly, with trail g motions for 0 Suitable Living Environment volunteer & primary caregivers. 0 Economic Opportunity ....... r ......., Outcome Categories 1 i Improve the services for low /mod income persons Iv Ea Availability /Accessibility 1 el Affordability ` - -- - - - _ -- 0 Sustamabillty 1 - L 01 People ♦ P Pposed 1000 Accompl. Type: I v . Proposed G Underway_ - - Underway m m Complete _ Complete , t Accompl. Type: ' V Proposed Accompl. Type: : v `Proposed Underway Underway E complete Com lete 2 C 8 A ccompl Type: ♦ Pro *sad Accompl. Type_ ' i v Pro sad 4 Underway Underway__ Complete Complete Proposed Outcome Performance Measure Actual Outcome 05 Public Services (General) 570.201(e) 1 w , Matrix Codes 1 v Matrix Codes w Matrix Codes r ' Matrix Codes ; 'r Matrix Codes i - - +_, - MSG 1 ♦ 1 Proposed Amt. $3$ Fund source: ; v Proposed Amt. Actual Amount -L---- Actual Amount 4/ Fund Source: i Proposed Amt. Fund Source : - Amt Proposed Am Actual Amount Actual Amount E Accompl. Type: Proposed Units Accompl. Type: I v Proposed Units . C Actual Units Actual Units a Accompl. Type: ; MP 1 Proposed Units Accompl Type: s l Proposed Units Actual Units - Actual Units CPMP Grantee Name: City of Boynton Beach CP.1P Ve s , n 2.0 Project Name: Community Caring Center dba "Ocean Avenue Green Market" Description: IIDIS Project #: 15 illOG Code: I FL 120264 Location: 400 E. Boynton Beach Blvd., - -. - - _.._. - - 7 Boynton Beath, FL 33435 Select one: Economic Development _ _ _._ _. ___ _ _ ___ __ _1 v I Explanation: Expected Completion Date: The facilitation of a not for profit cooperative incubator grocery 9/30/2013 store. The program includes creating awareness & educating the - e Category public in regards to business opportunities and nutrutIonat health, 0 Decent Housing and creating a business incubator focusing on entrepreneurs whose 0 Suitable Lmng Environment businesses are related to the food Indust . ® Economic Opportunity 1- -r-'72 . i . - ‘,"',Ti .t. - _ Outcome Categories — I Improve economic opportunities for low-incorne persons R DAvadability/Accessibility 7-"isT 1 ID Affordability El Sustainability ___ I LL' i , _ _ . _ . ._ _ _ _ _ ____ 08 Businesses : w Proposed 3 Accompl. Type: 1 v Pro • . _ . a -- - - . _____ ..._ __._. — "■•••..............■ aa Underway Underway — C g g Com • late Complete ft E Amy — .c Accompl. Type: v 'proposed Accompl. Type: ; qv ' proposed i 2 ' - - Underway , Underway O II .. e Complete ■ , Complete a. § Accompl. Type: _ v !proposed Accompl. Type: I v Proposed _ , 4 Underway Underway Com)31ete Complete A look Proposed Outcome Performance Measure Actual Outcome ' 18C Micro-Enterprise Assistance my , Matrix Codes i v - ---- -- - I ----- Matnx Codes V Matnx Codes v -------- ------------------- -- Matrix Codes v Matrix Codes H - . - - - _ - re CDBG - 1 9. Proposed Amt. $20,000 Fund Source I v Proposed Amt. -- - - - - - 1. Actual Amount Actual Amount a; a/ Fund Source: i w Proposed Amt. Fund Source: w Proposed Amt. ,- - - - - Actual Amount _ . _ Actual Amount 1 ai Accompl. Type: yr Proposed Units Accompl. Type: , w Proposed Units ao Actual Units Actual Units 2 Ammo, Type: 1 V' Proposed Units Accompl. Type: i ar I Proposed Units a . Actual Units -- Actual Units CPMP ctn- ve , >n z., Grantee Name: City of Boynton Beach Project Name: Housing Rehabilitation Description: - 'IDIS Project #: 16 IUOG Code: IFL 120264 Location: PNori .- i 100 E. Boynton Beach Blvd., - -- - - - Boynton Beach, FL 33435 - Select one: Owner Occupied Housing _ - -� - — various properties located citywide Explanation: Ected Completion Date: Rehabilitation of single family, detached dwellings to meet local 9/30/2%3 housing code standards, to Include roof repair & replacement, OliectiVe categorY energy efficient doors and windows, and energy &Patent retro ® Deoent Housing fitting. Homeowner occupied low income residents that do not own 0 suitable Living Environment other properties. O Economic opportunity Outcome Categories Improve the quality of owner housing ❑ Avadability /Aoeessibility 0 Affordability r i D 5ustainabildy 3 - -- - - -- -- - - -- -- - - -...- - -- - - - -- . ;� to 10 Housing Units r I Proposed 10 - Accompl. Type - ' r Proposed ..• Underway - Underway w W Com lete Com lete c Accornpl. Type: r ,posed Accompl. Type: I r Proposed t = - Underway Underway complete Complete 13. ; Accompl. Type: r Proposed Accompi Type: - - 1 r 'Proposed 4 Underway Underway! Complete Complete Proposed Outcome Performance Measure Actual Outcome 1 14A Rehab; Single -Unit Residential 570.202 1 r , Matrix Codes r Matrix Codes ; ♦ Matrix Codes I r Matrix Codes 1 w ■ Matrix Codes r' CDBG , r Proposed Amt. 146 537 Fund Source: i r Proposed Amt. 6 - - - Actual Amount - Actual Amount no W Fund Source: w Pro sed Amt. Fund Source: 1 Proposed Amt. Actual Amount Actual Amount A Acoompi. Type: , r Proposed Units Accompl. Type: Proposed Units to Actual Units Actual Units d Accompl. Type: 1 r Proposed Units Accompi. Type: ! r Proposed Units Actual Units _Actual Units CPMP Grantee Name: City of Boynton Beach C.1. VP Ver ". e ti Project Name: Housing Rehabilitation Administration Description: IIDIS Project 0: 1 IUOG Code: IFL 120264 Location: 100 E. Boynton Beach Blvd., - Boynton Beach, FL 33435 Select one: Owner Occupied Houang _ Explanation: Expected Completion Date: Inspections, supplies, work write-ups, uniforms, and other items 9/304013 necessary to deliver this activity. Objective Category 0 Decent Housing 0 Suitable living Ermronment 0 Economic Opportunity Sbeeff ' -- Outcome Categories 1 j Improve the quality of owner housing , 7r1; El Availability/Accessibility 1 qi. ID Affordability 1 i v CI Sustainability 3' - - - ___ ._ _ _ _ _. . ._ _ . ...... -- , ___ .._ ...._ _ __ ___ 1 Accompl. Type: ge.. . Pro. • Bed 11.1111 Accompl. Type: : v Pro • • • ce 44 Underwa Underwa cam . lete Com • ete i t E ........ 7 = Accompl. Type: ..ir Proposed MIN Accompl. Type: I qv =Ma t la - — Underwa Underwa 0 TX Complete „ Complete •P E i.. 0 A. u Accompl. Type: 1 v Pro • *sad Accompl. Type: mi Pro • oeed u - --- -- - st Underwa -- - -- - ----- — Underwa ' Com. tete .11 , _ , Complete Proposed autco me Performance Measure Actual Outcome , - 411111110111111111111111111111111e 14H Rehabilitation Administration 570.202 ' v r Matrix Codes I v 1 I Matrix Codes _ _ _ ' my Matrix Codes i v . . __ j Matrix Codes I 411F i Matrix Codes I v I - . ,,,, as } v Proposed Amt. $50,000 ' - Fund Source: I qv Proposed Amt. Actual Amount _ __ _ — Actual Amount to 1 0 Fund Source: ' ir Proposed Amt. Fund Source: v Proposed Amt. • Actual Amount Actual Amount E 1 al Accompl. Type: ■ 'Proposed Units Accornpl. Type: v Proposed Units u. ce Actual Units Actual Units 1r Accompl. Type: ' 71Proposed Units Accompl. Type: I V Proposed Units _ . _ _ Actual Units Actual Units A CPMP Grantee Name: City of Boynton Beach Project Name: Planning and Administration Description: 'IDIS Project #: 18 'UOG Code: IFL 120264 Location: - +,, u t R 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Select one - - Planning/Admirnsl, alion - - -- - -- -- - -- - - --- - - - -- - - -- -- Explanation: Expected Completion Date: General program administration of the Community Development 9/30/ 013 Block Grant Program. • . ;... Category - Q Decent Housing d Suitable Living Environment 0 Economic Opportunity _ a A Outcome Categories 1 j Improve the services for low /mod income persons 11' 0 Availability /Accessibility yr ❑ Affodability 2I - - - - - Susta:nability 3 - - — v Accompl. Type: v Proposed Accompl. Type ; 'v Proposed = Underway Underway 11 0 Complete = Complete > E N Accompl. Type: r Pro aed Amornpl. Type: i v Proposed a Underway Underway O a Complete Complete s. u Accompl. Type: 1'r {,Propose Accompl. Type: L Q Proposed u Underwa - - - Underway Com late - Complete 4111s Proposed Outcome Performance Measure Actual Outcome 1 21A General Program Administration 570.206 r" Matrix Codes v Matrix Codes J' Matrix Codes Matrix Codes - - .. .Lv _Matrix Codes - — -- - . 1 __ " CD_ BG I y Proposed Amt. $88,164 Fund Source: I 1 r Proposed Amt i u Actual Amount Actual Amount } • Fund Source: Proposed Amt. Fund Source: - v - I Proposed Amt. Actual Amount Actual Amount ID Accompi. Type: v (Proposed Units Accompl_Type: I ' Proposed Units 01 Actual Units -� Actual Units IL • Accompl. Type: 1 rrJ Proposed Units Accompl. Type: I v Proposed Units Actual Units Actual Units CPMP Grantee Name: City of Boynton Beach CoYe `7ervol 2 0 Project Name: Economic Development Description: , IIDIS Project #: 19 WOG Code: IFL 120264 Location: _ Ma� xr Citywide -- -- - -- - - - _ _- _. __ - Select one: Economic Development _ -_ - IF Explanation: Expected Completion Date: Funds to be used as matching grant funds ' businesset that will 9/ relocate and /or create jobs for residents of the City. Category G Decent Hougng 0 Suitable Living Environment 0 Economic Opportunity f. :1 .70-0'''''.:'4 4 -- 7 Outcome Categaries Improve economic opportunities for low- income persons 0 Avafability /Accessibility 1 i ❑ Afrordabalty 2 r - - - - — - - - -- 1 4r 0 Sustainability — - -i r 13 Jobs V wed Accompl. Type: ; w Proposed Underway Underway e Complete Complete c Accompl. Type: 1 � P ro • • sed Accompl. Type: - ; 'r' Pro ed y` a Underwa ® Underway _ O Complet • _ Complete a Accompl. T 1 w P roposed Underw l,6. L. � Accompl- Type: � P �ed � _ ype: . _ Underway ,Complete - Complete , Proposed Outcome Performance Measure Actual Outcome 18A ED Direct Financial Assistance to For - Profits 570.203(b) I v Matrix Codes -- I e° Matrix Codes v J Matrix Codes U - -- - - - - -- -- - - - - -- - --- -- - - -- - - - Matrix Codes _ I Matrix Code _ . _ _ . __ _ __� _. 1 'r - - ,r Proposed Amt. $1 Fund Source: ; v [Proposed Amt. Actual Amount Actual Amount Fund Source: 1 we I Proposed Amt. Fund Source: iv I Proposed Amt. Actua Amount Actual Amount _ A Aocom Type: i f ` �' ype' _ t Pro ua sed Units - Accompl. Type: ' v Proposed Units CA Actual Units Actual Units 6 A ccompl. Type: . v Proposed Units Accompl. T . ♦ Proposed Units D. Actual Units Actual Units low CPMP