R10-039
II
1 RESOLUTION NO. R 10-039
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AND AUTHORIZING THE CITY
6 MANAGER AND CITY CLERK TO EXECUTE A
7 NON-PROFIT DEVELOPER AGREEMENT
8 COMMUNITY DEVELOPMENT BLOCK GRANT
9 BETWEEN THE CITY OF BOYNTON BEACH AND
10 THE BOYNTON BEACH FAITH-BASED
11 COMMUNITY DEVELOPMENT CORPORA TION
12 TOGETHER WITH R. M. LEE COMMUNITY
13 DEVELOPMENT CENTER, INC., TO ACT AS
14 DEVELOPER UNDER THE CITY'S
15 NEIGHBORHOOD ST ABILIZA TION PROGRAM;
16 AND PROVIDING AN EFFECTIVE ATE.
17
18 WHEREAS, the City Commission previously approved Resolution RIO-028 to
19 amend the Community Development Block Grant (CDBG) Sub-Recipient contract
20 agreement between the City of Boynton Beach and the CDC's to facilitate the
21 implementation of the NSP program; and
22 WHEREAS, the Agreement allows for the CDC's to act as the developer for this
23 program which will enable the City to encumber funds and procure foreclosed or
24 abandoned properties in a more expeditious manner; and
25 WHEREAS, upon recommendation of staff, the City Commission of the City of
26 Boynton Beach Florida deems it to be in the best interest of the citizens of the City of
27 Boynton Beach to approve and authorize execution of the Non-Profit Developer
28 Agreement between the City of Boynton Beach and The Boynton Beach Faith-Based
29 Community Development Corporation together with R.M. Lee Community Development
30 Center. Inc., to act as developer under the City's Neighborhood Stabilization Program.
31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
E :\Data\85\ltems\80\ 106 7\618\Reso _ -_ Non-Profit_ Dev _Agmt.doc
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1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
2 as being true and correct and are hereby made a specific part of this Resolution upon
3 adoption.
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4 i Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
5 approves and authorizes the City Manager and City Clerk to execute the Non-Profit
6 Developer Agreement between the City of Boynton Beach and The Boynton Beach Faith-
7 Based Community Development Corporation together with R.M. Lee Community
8 Development Center, Inc., to act as developer under the City's Neighborhood Stabilization
9 Program, a copy of the Agreement is attached hereto as Exhibit "A".
10 Section 3. That this Resolution shall become effective immediately.
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11 PASSED AND ADOPTED this fo day of April, 2010.
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13 CITY OF BOYNTON BEACH, FLORIDA
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28 Commissioner - Marlene Ross
29 ATTEST:
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67\618\Reso _ -__Non-Profit_ Dev _ Agmt.doc
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NON-PROFIT DEVELOPER AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT
.
THIS AGREEMENT, entered into this~ day Of~U. ~ ,2010, by and between The Cily u!
Boynton Beach, a Florida municipal corporatio erein t referred to as "CiTY", and the Boynton
Beach Faith-Based Community Development Corporation, together with R. M, Lee Community
Development Center, Inc., hereinafter referred to as "NON-PROFIT DEVELOPEr~."
WITNESSETH:
WHEREAS, CITY has received federal funding pursuant to the Neighborhood Stabilization Program
found in Title III of Division B of the Housing and Economic Recovery Act of 2008 hereinafter referred
to as NSP to improve neighborhoods by reducing the number of abandoned and foreclosed
homes.
WHEREAS, financial assistance to a NON-PROFIT DEVELOPER is a permitted use of NSP funds to
undertake certain activities to primarily benefit low and moderate income persons and
neighborhoods to address abandoned and foreclosed homes; and
WHEREAS, the CITY desires to engage the NON-PROFIT DEVELOPER to render certain services
requisite to the accomplishment of its goals.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representatio'lS
contained herein, the parties hereto agree as follows:
ARTICLE ONE: DEFINITIONS
1) "CDBG" means Community Development Block Grant.
2) "CiTY" means The City of Boynton Beach
3) "NON-PROFIT DEVELOPER'S Fee" means the payment to the NON-PROFIT DEVELOPER as
defined in Section VI of the Policy Guidelines for the Neighborhood Stabilization Program -
Ownership. Policy Guidelines are attached as Exhibit A herewith.
4) "Development Director" means the Director of the Development Department or
designee.
5) "Eligible Family" means a family who is eligible to participate in the Neighborhood
Stabilization Program as defined in Section X of the Policy Guidelines attached as Exhibit A
herewith.
6) "Eligible Neighborhood" means an area where Neighborhood Stabilization Grant funds
may be used 10 purchase homes as identified in the Neighborhood S1abilizuliuII Glori!
application that was approved by the Department of Housing and Urban Development
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7\ "NON-PROFIT DEVELOPER" means a non-profit entity that has been approved to
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participate in the Neighborhood Stabilization Program as designated in Section V of the
Policy Guidelines attached as Exhibit A.
8) "NSP" means the Neighborhood Stabilization Program.
9) "NSP Home" means an abandoned or foreclosed home. condominium or townhome
purchased with Neighborhood Stabilization Program funds.
10) "CID" means the Boynton Beach Community Improvement Division.
11) "Subsidy" means the amount of NSP funds that are used by the CITY to make the NSP
Home affordable to an Eligible Family. Subsidy may include the Down Payment Assistance,
Closing Costs and any grant funds provided to the applicant. In cases where the applicant
receives a 0% interest rate loan, the 0% loan will be Subsidy. The subsidy will be in the form
of a 0% interest rate junior loan for the term of the first mortgage.
12) "CDBG Regulations" means 24 CFR 570.
13) "Low and Moderate-Income" means those who fall within the income range set by HUD
for participating in the CDBG program. The HUD income range is contained in Exhibit B
which is attached hereto and made a part thereof.
ARTICLE TWO: SCOPE OF SERVICES
The NON-PROFIT DEVELOPER, in a manner satisfactory to the CITY, shall carry out or cause to be
carried out all services described or referred to in Policy Guidelines as Exhibit A, which is attached
hereto and made a part hereof Such services shal! be performed, except as otherwise specifically
stated herein, by persons or instrumentalities solely under the dominion and control of the NON-
PROFIT DEVELOPER.
ARTICLE THREE: MODIFICATION OF SCOPE OF SERVICES
This Agreement constitutes the sole and complete understanding between the parties and
supersedes all agreements between them, whether oral or written with respect to the subject
matter. No amendment, change or addendum to this Agreement is enforceable unless agreed to
in writing. and executed by both parties. Any material change in the Scope of Services or any
increose in the compensation for the services, shall require the parties to enter into a written
amendment to this Agreement. executed by both parties.
ARTICLE FOUR: TIME OF PERFORMANCE
The timely performance and completion of the required Scope of Services is vita!ly important to the
interest of the CITY. The CITY shall pay invoices provided by the NON-PROFIT DEVELOPER following
the CITY's review and approval, or reimburse the NON-PROFIT DEVELOPER for the services
described in Article Two, and performed by the NON-PROFIT DEVELOPER starting on the effective
date. The effective date is the date of execution of this Agreement by the CITY. This Agreell1ent will
continue until the deadline for completion of the Scope of Services on September 30, 2013. All such
services shall be performed by the NON-PROFIT DEVELOPER in accordance with applicuble HUD
requirements and with all requirements of this Agreement and payment wi!1 be contingenl
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thereupon. The NON-PROFIT DEVELOPER shall complete all services described in Exhibit A on or
before the deadline date. unless this Agreement is otherwise amended or extended by written
agreement executed by the parties.
ARTICLE FIVE: CONSIDERATION AND LIMITATION OF COSTS
The NON-PROFIT DEVELOPER shall be paid by the CITY for allowable costs. determined by CITY for
the services described in Exhibit A in an amount not to exceed the amount specified in Exhibit A. In
the event the project costs exceed the stated amount. the NON-PROFIT DEVELOPER shall be
responsible for the costs which exceed the amount specified in Exhibit A.
ARTICLE SIX: PAYMENTS
A. Invoices that have been approved by the NON-PROFIT DEVELOPER, following submittal
to the CITY, and review by the CITY shall be paid directly by the CITY or, the CITY shall
reimburse the NON-PROFIT DEVELOPER. In both cases, payment will be limited to items
specifically identified in Exhibit A.
B. The NON-PROFIT DEVELOPER shall submit payment requests to CID. These requests will
only be approved if:
1. The contractor's requests for payment has been reviewed and approved by tile
NON-PROFIT DEVELOPER as stated on the Certificate of Payment and the attached
original invoice.
2. Upon receipt of the above enumerated documentation, and review and
approval by the CID, the CITY will initiate the payment process.
C. All disbursements by the NON-PROFIT DEVELOPER must be fully documented to the CITY
so as to be available, on request. for inspection or audit in accordance with the provisions
of Article Ten herein below.
D. Within 30 days after completion of all services to be performed, the NON-PROFIT
DEVELOPER shall render a final and complete statement to the CITY of all costs and
charges for services not previously invoiced. The CITY shall not be responsible for payments
of any charges, claims or demands of the NON-PROFIT DEVELOPER not received within said
thirty (30) day period; however, such time may be extended at CITY'S discretion not to
exceed a period of ninety (90) days, provided the delay in its submission is not occasiolled
by any fault or negligence of the NON-PROFIT DEVELOPER.
ARTICLE SEVEN: COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
During the performance of this Agreement, the NON-PROFIT DEVELOPER agrees to comply with all
applicable federal, state, and local laws, rules, regulations and orders, including, but not limited to
those listed below which by references are incorporated and made a part hereof. The NON-PROFIT
DEVELOPER further agrees to abide by all other applicable laws, rules, regulations and orders that
may be applicable to CDBG activities.
APPLICABLE LAWS, RULES AND REGULATIONS
1 24 CFR Part 570, as amended - The regulations governing the expenditure of Community
Development Block Grant funds.
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2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure.
3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and
cultural properties.
4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act.
5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits
discrimination and promotes equal opportunity in housing.
6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which
establishes hiring goals for minorities and women on projects assisted with federal funds.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act
of 1972 - which prohibits discrimination in employment.
8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended.
9. Age Discrimination Act of 1973
10. National Flood Insurance Act of 1968
1 j. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federal!y assisted
construction contracts.
12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution
Acts.
13. Contract Work - Hours and Safety Standards Act
14. Lead Based Paint Poisoning Preventive Act
15. Section 504 of the Rehabilitation Act of 1973
16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
17. 29 CFR Parts 3, 5 and 50 - Regulations which prescribe the payment of prevailing wages
and the use of apprentices and trainees on federally assisted projects as mandated by the
Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part
of this agreement and must be included in all construction contracts funded by CDBG.
J 8. Revised Order Number 4 - Regulations that establish guidelines for the implementation of
Executive Order 11246 as amended by Executive Orders 11375 and 12086.
19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular
Letter 79-45 - which prescribe goal percentages for participation of minority businesses in
Community Development Block Grant Contracts.
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21. Copeland Anti-Kickback Act
22. Florida Statutes, Chapter 112 - which deals with conflict of interest.
23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report.
24. Administrative Procedures - procedures which may be issued by the CITY Department of
Financial Management and/or the Community Development Manager who are
responsible to the CITY for the implementation of the CITY'S Community Development Block
Grant Program.
25. Public Law 100-430 - the Fair Housing Amendments Act of 1988.
26. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures.
These replace OMB Circular A- 102. This subpart includes 24 CFR 570.502.
27.0MB Circular A-133 - concerning annual audits.
28.0MB Circular A-122 - which identifies cost principals.
29. 24 CFR Part 84 - Uniform Administrative Requirements for Grants and Agreements.
ARTICLE EIGHT: PROJECT PUBLICITY
Any news release or other type of publicity pertaining to the project as stated herein must
recognize the "City of Boynton Beach" as the recipient funded by the U.S. Department of Housing
and Urban Development and the entity that provided funds for the project.
ARTICLE NINE: MANAGEMENT ASSISTANCE
The ClD Manager will be available to the NON-PROFIT DEVELOPER to provide guidance on CDBG
requirements.
ARTICLE TEN: MAINTENANCE OF RECORDS
The NON-PROFIT DEVELOPER shall maintain all records required by the CDBG Regulations. and
Section 119.07, Florida Statutes, the "Florida Public Records Law".
A. The ,~ON-PROFIT DEVELOPER shall maintain such records, accounts. property records. and
personnel records, as are deemed necessary by the CITY to assure proper accounting of
project funds and compliance with the provisions of this Agreement.
The NON-PROFiT DEVELOPER shall maintain all necessary financial records as required by
CDBG Regulations ar.d shall maintain the following financial records:
l. An invoice and a copy of a warrant for all items purchased and paid for under
standard NON-PROFIT DEVELOPER procedures;
2. The current, prevailing NON-PROFIT DEVELOPER Agreement. all project contracts
and corresponding billings;
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3. For Force Account Construction all records indicating name(s), position(s), number
of hours and total labor cost;
4. For any materials drawn from stockpile records indicating amount of materials and
cost based on the purchase price;
B. All records and contracts of whatever nature required by this Agreement shall be available
for audit, inspection or copying at any time during normal business hours and as often as
the Community Development Manager. CITY, HUD, or Comptroller General of the United
States, or other federal agency, may deem necessary. CITY shall have the right to obtain
and inspect any audit pertaining to the performance of this Agreement made by any local,
state or federal agency. The NON-PROFIT DEVELOPER shall retain all of its records and
supporting documentation applicable to the Agreement for three (3) years after either the
resolution of the final audit or HUD approval of the closeout Grantee Performance Report,
whichever is later.
ARTICLE ELEVEN: EVALUATION
The NON-PROFIT DEVELOPER shall provide the Community Development Manager, in a form
prescribed by CITY, monthly reports summarizing progress, timetables, and financial information for
monitoring and evaluating all aspects of Project activities. The format prescribed shall be in
conformance with HUD reporting requirements and CITY reporting procedures. These reports may
be provided as part of the financial reimbursement process. The CITY shall have access to and be
able to make copies and transcriptions of such records as may be necessary in the determination
of the CITY or HUD to accomplish this obligation.
ARTICLE TWELVE: CAPITAL EQUIPMENT, SUPPLIES OR EXPENDABLE PROPERTY
Any capital equipment acquired by the NON-PROFIT DEVELOPER for the purpose of carrying on the
projects stated herein, and approved by the CITY shall be subject to the provisions of the Property
Standards section of 24 CFR Part 84 including, but not limited to, the provisions on use and
disposition of property.
ARTICLE THIRTEEN: CONTRACT LIABILITY
The CITY shall not be responsible to any person, firm, or corporation (except the NON-PROFII
DEVELOPER) for assignment of any aspects including providing goods or services to the NON-
PROFIT DEVELOPER in connection with the services it has agreed to perform hereunder, or for debts
or claims accruing to such parties against the NON-PROFIT DEVELOPER; and there is no contractual
relationship, either express or implied, between CITY and any other person, firm, or corporation
supplying any work, labor, services, goods or materials to the NON-PROFIT DEVELOPER as a result of
its services to CITY hereunder. Nothing in this section is intended to alter or waive the CITY's
entitlement to statutory or common law sovereign immunity, or to extend the CITY's liability beyond
the limits established in Section 768.28, Florida Statutes, as amended.
ARTICLE FOURTEEN: CONTRACTS
All contracts made by the NON-PROFIT DEVELOPER to carry out the activities described in Exhibit A
shall be made in accordance with all applicable laws, rules and regulations stipulated in this
Agreement. Any work or services contracted hereunder shall be specified by written contract or
Agreement and shall be subject to each Article set forth in this Agreement.
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ARTICLE FIFTEEN: CONFLICT OF INTEREST
No employee, agent, consultant. officer or elected official or appointed official of the NON-PROFIT
DEVELOPER who exercises or have exercised any function or responsibility with respect to CDBG
activities assisted under or who are in the position to participate in a decision making process or
gain inside information with regard to such activities, may obtain a financial interest or benefit from
a CDBG assisted activity, or have a financial interest in any contract, subcontract or agreement
with respect to a CDBG assisted activity or with respect to the proceed of the CDBG assisted
activity, either for themselves or those with whom they have family or business ties, during their
tenure or for one year thereafter.
ARTICLE SIXTEEN: INDEMNIFICATION
The NON-PROFIT DEVELOPER and his Contractor shall pay on behalf of or indemnify and hold
harmless the CITY, its Commissioners, officers, employees, agents, and volunteers from and against
any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which
may arise out of any act. neglect, omission or default of the NON-PROFIT DEVELOPER or Controctor
arising out of or in any way connected with the NON-PROFIT DEVELOPER or Contractor's (or
officers, employees, agents, volunteers and subcontractors, if any) performance or failure 10
perform under the terms of this Contract. Pursuant to F.S.S.725.06(2), the Contractor shall indemnify
and hold harmless the CITY, its Officers and Employees from liabilities, damages, losses, and costs,
including but not limited to, reasonable attorney's fees to the extent caused by the negligence,
recklessness or intentional wrongful conduct of the Contractor and persons employed or utilized by
the Contractor in the performance of the contract. This section of the contract will extend beyond
the term of the contract.
ARTICLE SEVENTEEN: INSURANCE
The NON-PROFIT DEVELOPER shall procure and maintain adequate insurance coverage, as
described in Exhibit C attached hereto and made a part thereof.
ARTICLE EIGHTEEN: NON-ASSIGNABILITY
The NON-PROFIT DEVELOPER may not assign this Agreement without the prior written consent of the
CITY.
ARTICLE NINETEEN: HEADINGS
All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience
only and shall not affect the construction or interpretation hereof.
ARTICLE TWENTY: PROGRAM INCOME
In tne event that any program income is received during the contract. the NON-PROFIT
DEVELOPER must utilize such program income in compliance with NSP rules and regulations.
If any income is received after the term of this Agreement, or at the end of the year when all
remaining items have been budgeted, the program income wili also be expended in compliance
with NSP rules and regulations.
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ARTICLE TWENTY-ONE: SUSPENSION AND TERMINATION
In accordance with 24 CFR 85.43, suspension or termination may occur if the NON-PROFIT
DEVELOPER materially fails to comply with any term of this Agreement. The Agreement may also be
terminated, by either parties, for convenience in accordance with 24 CFR 85.44, which provides for
termination for mutual convenience, or partial termination for specified reasons,
ARTICLE TWENTY-TWO: CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may not be used for religious activities or provided to primarily religious organizations.
24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference.
ARTICLE TWENTY-THREE: CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1 ) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract. the making of any
Federal grant, the making of any Federal loan. the entering into of any cooperative agreement,
and the extension. continuation, renewal, amendment, or modification of any Federal contract.
grant. loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, 0 Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL. "Disclosure Form to Report Lobbying", in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts
under grants, loans; and cooperative Agreements) and that all NON-PROFIT DEVELOPERS shall
certify and disclose accordingly.
ARTICLE TWENTY-FOUR: REAL PROPERTY
Any real property acquired by the NON-PROFIT DEVELOPER for the purpose of carrying out the
projects stated herein, and approved by the CITY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to
the provisions of the CDBG Regulations including, but not limited to, the provisions on use and
disposition of property. Any real property within the NON-PROFIT DEVELOPER control that is
acquired or improved in whole or part with CDBG funds in excess of $25,000 must adhere to the
CDBG Regulations 570.505.
ARTICLE TWENTY -FIVE: DRUG-FREE WORKPLACE REQUIREMENTS
The SUB-RECIPIENT, as a condition of being awarded, must certify that they will provide drug-free
workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.c. 701) and with HUO
rules at 24 CFR part 24, subpart F.
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Article TWENTY -SIX: Jurisdiction and Venue
The Agreement has been executed and delivered in, and shall be interpreted, construed and
enforced pursuant to and in accordance with the laws of the State of Florida. NON-PI<OFIT
DEVELOPER represents and agrees that it is familiar with all laws, ordinances and regulations
applicable to the supplies, products, equipment, software or services to be furnished under the
Agreement. The Agreement shall be governed in all respects, whether as to validity, construction,
capacity, performance or otherwise by the laws of the state of Florida. Venue for any action
arising from or related to the Agreement shall be brought in a court of competent jurisdiction in
Palm Beach County, Florida.
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IN WITNESS WHEREOF, the parties have executed the Agreement as of the date first above written.
WITNESS our Hands and Seals on the dfa daYO~'2010
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA,
a Florida municipal corporation
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CITY ATT
Boynton Beach Faith-Based Community Development Corporation
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Signature
By:~?,<-,..-fr<.J'~ \. / ~(
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[Print Name] (
ITS: f~(:.L ~ (CORPORATE SEAL)
[Title]
TOGETHER WITH ~ee Community Development Center, Inc.
~ ATTEST
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BY J:" "^- I ~,->Ld >:tv ~~~t~~
[Print Name] Title: e,ec+. .
ITS: C,.-L...~ \r V\A. ~ '- '-'
[Title] (CORPORATE SEAL)
H:\ 1990\900182,BB\AGMT\Non.Proflt Developer Agmt (NSP).doc
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EXHIBIT A
CITY OF BOYNTON BEACH - DEPARTMENT OF DEVELOPMENT
COMMUNITY IMPROVEMENT DIVISION
POLICY GUIDELINES FOR NEIGHBORHOOD STABILIZATION PROGRAM-
OWNERSHIP
I. Program Description
The "Neighborhood Stabilization Program" (NSP) is designed to improve neighborhoods by
reducing the number of abandoned and foreclosed homes. The NON-PROFIT DEVELOPER
will identify and take title to the NSP Homes. The NON-PROFIT DEVELOPER will rehabilitate
the NSP Homes sell them to Eligible Families.
II. Definitions
"Broker" means an individual who possesses a real estate broker's license and has been
hired by or contracted by NON-PROFIT DEVELOPER to identify the homes that will be
purchased with Neighborhood Stabilization Program funds.
"CDBG" means the Community Development Block Grant
"Construction" means the construction of a new home or the rehabilitation of an existing
home.
"CITY" means The City of Boynton Beach
"Developer's Fee" means the payment to the Non-Profit Developer as defined in Section VI
of these guidelines,
"Development Director" means the Director of the Development Department or designee.
"Eligible Family" means a family who is eligible to participate in the Neighborhood
Stabilization Program as defined in Section X of these guidelines.
"Eligible Neighborhood" means an area where Neighborhood Stabilization Grant funds
may be used to purchase homes as identified in the Neighborhood Stabilization Grant
application that was approved by the Department of Housing and Urban Development,
"Low Income Eligible Family" - means a family with an income less than 50% of the Area
Median Income as determined by HUD and who is eligible to participate in the
Neighborhood Stabilization Program as defined in Section X of these guidelines.
"NON-PROFIT DEVELOPER" means a non-profit entity that has been approved to
participate in the Neighborhood Stabilization Program as designated in Section V of these
guidelines.
"NSP" means the Neighborhood Stabilization Program.
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"NSP Home" means an abandoned or foreclosed home, condominium or townhome
purchased with Neighborhood Stabilization Program funds.
"elD" means the Boynton Beach Community Improvement Division.
"Seller" means the current owner of an abandoned or foreclosed property being acquired
as an NSP Home.
"Subsidy" means the amount of NSP funds that are used by the CITY to make the NSP Home
affordable to an Eligible Family. Subsidy may include the Down Payment Assistance.
Closing Costs and any grant funds provided to the Community Improvement Division of The
City of Boynton Beach. In cases where the applicant receives a 0% interest rate loan, the
net present value of the 0% loan will be Subsidy. The 60 day delivery rate for FNMA for a 30
year mortgage will be used to calculate the net present value of the interest rate.
"Current Market Appraisal Value" means the value of a foreclosed upon home that is
established through an appraisal made by a qualified appraiser and completed within 60
days after the final offer is made to purchase the property.
III. Eligible Uses of NSP Funds
NSP Funds may be used for the following eligible uses:
1. Acquisition of foreclosed or abandoned homes.
2. Construction costs including the installation of energy conservation improvements.
3. Developer's Fees.
4. Soft costs, such as appraisals, surveys and all other due diligence investigations.
5. Closing costs associated with the sale.
6. Other eligible uses as approved by the Community Development Manager.
All NSP funds must be spent in compliance with NSP and CDBG rules and regulations.
IV. Maximum Investment Per Unit
The maximum amount of NSP funds that may be spent on anyone NSP Home will be
consistent with the City's Local Housing Assistance guidelines, plus the developer fee os
described in Section VI.
V. Maximum Sales Price
The maximum sales price of NSP homes shall be no more than the cost to acquire and
redevelop or rehabilitate the home or property up to the standards established by CITY.
Vi. Non-Profit Developers
The City Commission of the City of Boynton Beach is authorized to designate a non-profit
cgency m a NON-PROF!T DEVELOPER if it meets the following conditions:
1. It must have received a tax-exempT ruling from the Internal Revenue Service under
Section 501 (c) (3) or (4) of the Internal Revenue Code.
2. It !I'lust have financial accountability standards that permit The City of Boynton
Beach to account for and audit the awarded funds.
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3. It must have a "Certificate of Good Standing" from the Florida Division of
Corporations.
The NON-PROFIT DEVELOPER will be required to perform the following services:
1. Obtaining title to the NSP Home directly trom the Seller
2. If the NSP Home is to be rehabilitated, in coordination with CID staff. determining the
repairs that will be needed on the NSP Home.
3. Selecting and managing the construction contractor. The NON-PROFIT DEVELOPER
must make sure that the contractor costs ore reasonable and in compliance with
federal law. The NON-PROFIT DEVELOPER will, in conjunction with CID staff. be
expected to conduct regular inspections during the construction to insure that all
repairs meet the City of Boynton Beach's Rehabilitation Standards.
4. Receiving inv9ices from the contractor, making sure that all requested payments
are for completed work and submitting payment requests to the CID.
5. Keeping the lot mowed and the exterior landscaping maintained.
6. Paying the costs on the NSP Home while the NON-PROFIT DEVELOPER owns the
property including the cost of the utilities, taxes and insurance.
7. Identifying thE: Eligible Family that will purchase the NSP Home and verifying that
they meet the income and other eligibility requirements of the NSP program.
8. Working with the Eligible Families to resolve any credit issues and making sure that
they qualify for a first mortgage on the NSP Home.
9. Identifying a suitable lender who will make the first mortgage on the NSP Home. The
NON-PROFIT DEVELOPER should identify a lender that will provide the best financing
for the Eligible Family taking into account the mortgage rate and other fees
charged by the financial institution.
10. Arranging for and coordinating the sale of the NSP Home.
11. Insuring that the Eligible Family is aware of a tax benefits that the Eligible Family may
be eligible to receive.
The NON-PROFIT DEVELOPER will be required to maintain detailed financial and program
records related to the Acquisition, construction and Sale of the NSP Property to both insure
that the CITY is in compliance with all CDBG and NSP rules and regulations and to allow the
CITY to evaluate both the performance of the NON-PROFIT DEVELOPER and the NSP
Program.
VII. Developer's Fee
In recognition that the NON-PROFIT DEVELOPER will incur expenses for the services
contained in Section V. the CITY will pay the successful NON-PROFIT DEVELOPER a
Developer's Fee. The Developer's Fee for each NSP Horne will be an amount not to exceed
thirteen percent (13%) of the total development cost. The Developer's Fee will be
distributed as follows:
Amount paid at closing when the NON-PROFIT DEVELOPER obtains title to the NSP Home -
thirty three percent (33%) of the Developer's Fee.
A.mount paid when the NSP Home is sold to and when title transfers to an Eligible Family -
the remaining sixty seven percent (67%) of the Developer's Fee.
- 13 -
Any Realtor's fee paid by the NON-PROFIT DEVELOPER on the sale of the NSP Home must be
paid from the Developer's Fee. The NON-PROFIT DEVELOPER has the option to accept or
decline the Developer's Fee.
VIII. Acquisition of NSP Homes
The NON-PROFIT DEVELOPER will identify the homes that will be purchased with NSP funds.
All NSP Homes must be located in an Eligible Neighborhood and will be selected based
upon the following principles:
1. The proximity to employment opportunities.
2. The proximity to public transportation.
3. The proximity to needed commercial centers.
4. The housing cost to the end user - including whether the unit has access to public
water and sewer
5. The discount from market value offered by the lender
6. The home will be located in the Northwest and Northeast Quadrants of the City
("Eligible Neighborhood")
The NON-PROFIT DEVELOPER must have a current appraisal (not more than 60 days old)
before making a final offer to purchase a NSP Home. The amount paid for each NSP Home
must be at a discount consistent with federal law. The property acquisition must be made in
conformance with federal law and the NON-PROFIT DEVELOPER must disclose the appraisal
amount, the amoulit of the offer and inform the seller that if the NON-PROFIT DEVELOPER is
unable to agree on a purchase price that the CITY will not attempt to acquire the property
through the use of eminent domain.
NSP Homes more than 50 years old must be submitted to the State Housing Preservation
Officer to determine if they are eligible to be placed on the Federal Historic Register. NSP
Homes built before 1978 must be analyzed to determine what actions may be necessary to
comply with the federal lead based paint regulations.
The seller of each NSP home must certify that they complied with the Tenant Protection
Provisions applicable to the NSP program.
No NSP Home may be purchased from the person or entity that will develop the property
or any person or entity related thereto.
IX. Acquisition by Non-Profit Developers
The NON-PROFIT DEVELOPER will take title to the NSP Home using NSP grant funds for the
amount negotiated.
The NON-PROFIT DEVELOPER must demonstrate that it has the capability to receive the NSP
Home. Prior to taking title to any NSP Home, the NON-PROFIT DEVELOPER must submit to the
Community Development Manager the following Information:
1. A marketing plan describing how the NSP Home will be sold.
2. A project schedule showing that the NSP Homes will be rehabilitated and sold within
12 months.
3. A detailed budget for the project that includes all anticipated costs of the project
including the acquisition, construction and closing costs.
- 14 -
X. Construction Management
The NON-PROFIT DEVELOPER will be responsible for the award and administration of the
construction contract.
The NON-PROFIT DEVELOPER shall take all necessary affirmative steps to assure that small
firms, minority owned firms, women owned firms, and labor surplus area firms are used when
possible.
Affirmative steps shall include:
l. Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
2. Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority business, and
women's business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority business, and women's business enterprises;
5. Using the services and assistance of the Small Business Administration, and the
Minority Business Development Agency of the Department of Commerce; and
6. Requiring the prime contractor. if subcontracts are to be let, to take the affirmative
steps listed above.
In conformance with the requirements of Section 3 of the Housing and Community
Development Act of 1968, to the greatest extent feasible, the NON-PROFIT DEVELOPER must
award contracts for work to be performed to eligible business concerns located in or
owned by residents of the NSP target area to ensure that the employment and other
economic opportunities generated by Federal financial assistance for housing and
community development programs shall, to the greatest extent feasible, be directed
toward low and very low income persons, particularly those who are recipients of
governmental assistance for housing.
The NON-PROFIT DEVElOPER will select the contractor from the City of Boynton Beach's
aporoved contractor list. Prior to entering into contract with the selected contractor, the
NON-PROFIT DEVELOPER must submit the name of the contractor and any other information
needed by CID to determine if the contractor has been barred from participating in any
federal program. The NON-PROFIT DEVELOPER must demonstrate that the amount being
paid to the selected contractor is reasonable.
The NON-PROFIT DEVELOPER will execute all construction contraCTS and sign a Notice of
Commencement for the NSP Home. All requests for payment from the contractor must be
initially submitted to the NON-PROFIT DEVELOPER for payment. The NON-PROFIT DEVELOPER,
in conjunction with ClD staff, will inspect the construction work, make decisions on the
quality of work and recommend the approval of all construction payments. ClD staff will
also inspect the property and approve all payments. If CID does not authorize a payment,
it will notify the NON-PROFIT DEVELOPER. Partial payments for completed work shall have a
10% construction holdback. Prior to making any final payments, lien releases must be
received from the contractor, all subcontractors and any business that has provided
- 15 -
materials and who has filed a Notice to Owner and all building permits must have been
closed out by the local jurisdiction.
XI. Eligible Families
To be an Eligible Family a household must meet the following requirements:
1. Each member of the household must be a U.S. Citizen or permanent resident alien.
2. The household must have an income at or below 120% of the County Median
Income, as adjusted by family size as determined by the regulations governing the
CDBG program.
3. The household must have qualified for a first mortgage loan from a mortgage lender
to purchase the NSP Home.
4. The head of household must have attended and completed an 8 hour qualified
community homebuyer education class presented by a HUD approved counseling
service.
5. The household must begin living in the NSP home within 30 days after closing.
The NON-PROFIT DEVELOPER will take applications from households that want to be
designated as an Eligible Family. The NON-PROFIT DEVELOPER will collect and verify the
income and assets of the household as well as any other information necessary to
determine if the household is qualified to be an Eligible Family and submit that information
to CID. The final determination of whether a household is an Eligible Family will be made by
CID.
XII. Purchase of NSP Homes by Eligible Families
The NON-PROFIT DEVELOPER must sell all NSP Homes to Eligible Families that have incomes
at or below 120% of the County Median Income, as adjusted by family size, however priority
is to be given to families with incomes less than 80% of the County Median Income, as
adjusted by family size. The NON-PROFIT DEVELOPER will select the Eligible Family that will
purchase the NSP Home using its written criteria provided it is consistent with the NSP
regulations.
All properties must be sold to an Eligible Family for an amount equal to or less than the cost
to acquire and any construction costs on the NSP Home. The actual sales price for any NSP
Property will be the lesser of the aggregate of all costs of acquisition, construction and
redevelopment (including related activity delivery costs, which generally include. among
other things, costs related to the sale of the property) and the appraised value after
construction is completed.
All NSP Homes receiving subsidy under this program must ensure long term affordability by
using one of the following recapture or resale mechanisms.
XIII. Special Financing for Low Income Families
To meet the NSP Very Low Income requirement, the CITY may provide first mortgage
financing to very low income families at an interest rate of three percent (3%) for a term of
up to thirty (30) years. The NON-PROFIT DEVELOPER will service the loan and may charge a
monthly servicing fee of ten percent (10%) of all funds collected.
- 16 -
Financing for low income families may be provided in the form of first and second
mortgages when necessary. The second mortgage subsidy will be a zero interest (0%) loan
for term of thirty (30) years. The assistance may be a third mortgage if the family receiving
other down payment assistance from the State of Florida or Department of Housing and
Urban Development with program rules requiring that it be placed in the second lien
position. Repayments will be deferred until the NSP home is sold, transferred or no longer
occupied as the primary residence of the applicant. If the home remains the primary
residence of the applicant for the term of the mortgage, the full amount of the subsidy will
be forgiven.
XIV. Appeal Process
The NON-PROFIT DEVELOPER or an Eligible Family may appeal a decision of the Community
Improvement Division regarding the interpretation of these guidelines to the City's
Development Director, or his authorized representative. The formal appeal must be
submitted in writing and received no later than 30 days after the decision. The formal
appeal must contain the following information:
1. The name, address, and telephone number of the person and agency requesting
the appeal.
2. A detailed statement of the alleged factual or legal errors made by the Community
Improvement Division.
3. The form of relief requested.
The decision of the City's Development Director, or desianee is final, and may not be further
appealed.
XV. Termination of Awards
in the event the NON-PROFIT DEVELOPER is unable to meet the timeline for the use of NSP
funds as out iined in its project schedule in Section VIII or is unable to use the funds for
eligible activities, the Community Development Manager may terminate any unused
funding to the NON-PROFIT DEVELOPER and take action to recover any NSP funds that may
have been previously disbursed to the NON-PROFIT DEVELOPER. Prior to taking this action,
written notice must be provided to the NON-PROFIT DEVELOPER and the NON-PROFIT
DEVELOPER must be given a period of time to correct the problem. In addition. the
Commutlity Development Manager must attempt to meet with the head of the NON-
PROFIT DEVELOPER and offer technical assistance to assist the NON-PROFIT DEVELOPER to
meet the requirements of the program.
XVI. Administration of the Program
The ClD Manager will administer the Program consistent with these policies, In the event an
affected party believes that the Community Development Manager or CID is not
interpreti:lg these policies correctly. the affected party must request a meeting with the
Commu:lity De'v'elopment Manager to discuss and seek resolution of the conflict.
If. following a meeting with the COMmunity Development Manager, the issue remains
unresolved; the affected party will have the ability to appeal the Development Director's
decision as provided in Section XII.
- 17 -
XVII. Conflicts with Federal Law
In the event these policies are found to conflict with Federal law or the rules of the
Deportment of Housing and Urban Development (HUD). now or in the future, the Federal
law or rules of HUD will take precedence. The Community Development Manager is
delegated to amend these policies to the extent necessary to make these policies
consistent with federal law or the rules of HUD. Within five working days of making any
changes to these policies, the Community Development Manager must notify the CITY
Administrator, or designee with a description of the changes made to these policies and
the reason for any changes.
- 18 -
EXHIBIT B
SCOPE OF SERVICES
1. Description of Proiect
A. The NON-PROFIT DEVELOPER will receive funding from the NSP Program for the purpose
of acquiring and repairing abandoned and foreclosed homes. NSP funds will be
provided in accordance with this Agreement. The home to be rehabilitated will be
made available to Eligible Families of very low or moderate income as shown on Exhibit
D.
B. This Project will be located in the Northwest and Northeast quadrants of the CITY.
2. Purchase Closing
A. The NON-PROFIT DEVELOPER may request up to thirty three (33%) percent of the NON-
PROFIT DEVELOPER'S Fee at the time of the acquisition of the home. Only funds
necessary for the loan closing and predevelopment costs will be provided at this time.
All existing liens on the property must be satisfied at closing.
B. NON-PROFIT DEVELOPER'S title agent shall provide to the CITY at its ClD office a copy of
the signed HUD-j settlement and signed warranty deed. A title policy must be provided
as soon as possible after closing.
3. Construction Management
The NON-PROFIT DEVELOPER will coordinate with the contractor and the CID Inspector to
identify needed repairs to the NSP Home. The NON-PROFIT DEVELOPER, in conjunction with
CID will assure that any bid proposals for proposed work on the NSP Home are cost
reasonable. Contractors may request three (3) partial payments. Requests for partial
payments must be made on the Contractor "Certificate of Payment" form, signed by the
Contractor and accompanied by a detail or work that has been completed. Prior to
releasing partial payment. a partial release of lien form signed by the contractor must be
submitted. Partial payments will be limited to 90% of completed, acceptable work and
must be approved by the NON-PROFIT DEVELOPER, the inspector, and the CID. Final
payment will be made in one lump sum after all work is satisfactorily completed. To receive
final payment. the contractor must submit a request on the Contractor Certificate of
Payment Form signed by the Contractor, NON-PROFIT DEVELOPER, inspector and the ClD or
designee. The Contractor Certificate of Payment Form should be accompanied by a
detailed breakdown of the work completed. The NON-PROFIT DEVELOPER and CID will not
release final payment until a Contract and Subcontractor Report, all releases of liens have
been supplied.
The contractor will be responsible for obtaining and paying for the necessary building
permits from the Building Department prior to beginning construction.
4. Sale of Property
NON-PROFIT DEVELOPER is not required to sell the NSP Home for the actual cost of the
project. The NSP Home must be sold to Eligible Families whose income does not exceed
120% of the area median income adjusted to household size. Twenty five (25%) of the NSP
funds must be set aside to be used to purchase and redevelop abandoned or foreclosed
- 19 -
upon home or residential properties for housing individuals or families whose income does
not exceed fifty percent (50%) of the area median income.
5. Subsidy
Eligible Families may receive a SUBSIDY in accordance with the Policy Guidelines outlined in
Exhibit A of this Agreement.
6. Close Out Phase
Within 30 days of the sale of the NSP Home to an Eligible Family, the NON-PROFIT
DEVELOPER must submit all records required under this Agreement and detail the cost of
developing each NSP Home. Following acceptance of all documents by CID, the NON-
PROFIT DEVELOPER will be eligible to receive the balance of their NON-PROFIT DEVELOPER
Fee.
7. Proiect Budget
The estimated budget for the NSP Home is detailed below. The budget is an estimate and
the CITY will pay individual line items in excess of the amount listed for items not currently in
the budget below provided the total amount paid does not exceed the maximum amount
of the Agreement approved by the CITY. The NSP funds shall be paid to NON-PROFIT
DEVELOPER at such time as said funds are expended by NON-PROFIT DEVELOPER in
compliance with this project.
Acquisition of Property
Closing Costs to Purchase Property
Construction
Construction Contingency
Closing Costs on Sale of Property
Miscellaneous Soft Costs
NON-PROFIT DEVELOPER Fee
Total
8. Annua! Reporting
If the NSP home is a rental property, the NON-PROFIT DEVELOPER shall submit on an annual
basis proof that the rent being charged on the NSP home does not exceed the fair market
rents for existing housing for comparable units in the area as established by HUD.
- 20-
EXHIBIT C
INSURANCE
Before performing any work on the Contract. the Contractor shall procure and maintain, during
the life of this contract insurance coverage listed below. The policies of insurance shall be primary
and written on forms acceptable to the CITY and placed with insurance carriers approved and
licensed by the Insurance Department in the State of Florida and meet a minimum financial A.M.
Best & Company rating of no less than A: Excellent VII. No changes are to be made to these
specifications without prior written specific approval by the CITY.
A.
) . Workers Compensation Insurance - on behalf of all employees who are to
provide a service under this contract, as required under Florida Laws Chapter
440 and Employers Liability of limits no less than:
$100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
2. Commercial General Liability - including but not limited to bodily injury, property
damage, contractual, products and completed operations, and personal injury
with limits of not less than $1,000,000 combined single limit per occurrence.
3. Automobile Liability - bodily injury and property damage including all vehicles
owned, leased, hired and non-owned with limits of not less than $1,000,000
combined single limit covering all work performed under the Contract.
4. Umbrella Liability - with limits of not less than $1,000,000 per occurrence covering
all work performed under this Contract.
5. Builders Risk - when applicable, a special form coverage shall include, but not
be limited to:
a. Storage and transport of materials, equipment. supplies of any kind
whatsoever to be used on or incidental to the project.
b. Theft coverage
c. Waiver of Occupancy Clause endorsement, which will enable the COUNTY
to occupy the facility under construction/renovation during such activity.
d. Limits of insurance to equal 100% of the insurable completed contract
amount of such addition(s), building(s) or structure(s), on an agreed
amount/replacement cost basis.
e. Maximum Deductib!e clause of $] 0,000 each claim.
6. Hazardous Materials - For the purpose of this section: the term "hazardous
materials" includes all materials and substances which are now designated or
defined as hazardous by Florida or Federal law or by the rules or regulations of
- 21 -
Florida or any Federal Agency. If work being performed involves hazardous
materials, the need to procure and maintain any or all of the following
coverage will be addressed in an addendum. However if hazardous materials
are identified while carrying out this Contract, no further work is to be performed
in the area of the hazardous material until the Risk Management Division has
been consulted as to the potential need to procure and maintain any or all of
the following coverage:
a. Contractors Pollution Liability - for sudden and gradual occurrences and
in an amount no less than $1,000,000 per claim and $1,000,000 in the
aggregate, arising out of the work performed under this Contract
including, but not limited to all hazardous materials identified under the
Contract.
b. Asbestos Liability - for sudden and gradual occurrences and in an
amount no less than $1,000,000 per claim and $1,000,000 in the
aggregate arising out of work performed under this Contract.
c. When applicable, the Contractor shall designate the disposal site and
furnish a Certificate of Insurance from the Disposal Facility for
Environmental Impairment Liability insurance covering liability for sudden
and accidental occurrences in an amount not less than $3,000,000 per
claim and $3,000,000 in the aggregate and shall include liability for non-
sudden occurrences in an amount not less than $6,000,000 per claim
and $6000..000 in the aggregate.
d. When applicable, the Contractor shall designate the hauler and furnish
a Certificate of Insurance trom the hauler for Automobile Liability
insurance with Endorsement MCS90 for liability arising out of the
transportation of hazardous materials with an amount not less than
$1,000,000 annual aggregate and provide valid EP A identification #.
e. Certificates of Insurance shall c1ecrly state the Iiazardous material
exrosure work being performed under the Contract.
B. All poliCies required herein, unless specific approval is given by the CITY, are to be
written on an occurrence basis, shall name The City of Boynton Beach, its
Commissioners, Officers and employees as additional insureds as their interest may
appear under this Contract, and the insurer(s) shall agree to waive all rights of
subrogation against the CITY, its Commissioners, Officer. Agents, Officials, Employees or
Volunteers.
C. Insurance requirements itemized in this section required by Contractor shall be provided
by or in behalf of all subcontractors to cover their operations performed. The Contractor
shall be held responsible for any modifications, deviations. or omissions in these
insuronce requirements as they apply to subcortractors.
D. Each insuronce policy required by this Contract shall:
l. Apply separately to each insured against whom claim is made and suit is brought,
except with respect to the limits of the insurer's liability.
- 22 -
2. Be endorsed to state that coverage shall not be suspended. voided, or
canceled by either party, reduced in coverage or in limits except after 30 days
prior written notice by certified mail, return receipt requested, has been given to
the City of Boynton Beach's Risk Management Division.
E. The City of Boynton Beach shall retain the right at any time to review coverage, form,
and amount of insurance.
F. The procuring of such required policy or policies of insurance shall not be construed to
limit contractor's liability nor to fulfill the indemnification provisions and requirements of
this Contract. Notwithstanding said policy or policies of insurance. Contractor shall be
obligated for the tull and total amount of any damages, injury or loss caused by
negligence or neglect connected with this Contract.
G. The Contractor shall be solely responsible for payment of all premiums for insurance
contributing to the satisfaction of this Contract and shall be solely responsible for the
payment of all deductibles to which such policies are subject. whether or not The City
of Boynton Beach is an insured under the policy.
H. Claims made policies will be accepted for professional and hazardous materials liability
coverage and such other risks as are authorized by the Risk Management Division of !l)e
CITY. All such policies contributing to the satisfaction of the insurance requirements
herein shall have an extended reporting period option or automatic coverage of not
less than two years. If provided an option, the Contractor/ Subcontractor/Consultant
agrees to purchase the extended reporting period on cancellation or termination unless
a new policv is effected with a retroactive date, including at least the lost policy year.
I. Certificates of Insurance - Certificates of Insurance evidencing claims made or
occurrence form coverage and conditions to this Contract. as well os the CITY'S
contract number and description of work, are to be furnished to the CITY'S Risk
Management Division prior to commencement of work and within 15 days of expiration
of the insurance contract when applicable. All insurance certificates shall be received
and approved by the CITY'S Risk Management Division before the Contractor will be
allowed to commence or continue work.
J. Notice of Accident (occurrence) and notice of claim shall be given to the insurance
company and the CITY'S Risk Management Division as soon as practicable after notice
to the insured of any incident (occurrence) or claim.
K. Liability of Contractor - Purwant to F.S.S.725.06(2), the Contractor shall indemnify and
hold harmless the CITY, its Officers and Employees from liabilities, damages, losses, and
costs, including but not limited to, reasonable attorney's fees to the extent caused by
the negligence, recklessness or intentional w~ongful conduct of the Contractor and
persons employed or utilized by the Contractor in the performance of the contract.
- 23 -
Exhibit D
PALM BEACH COUNTY INCOME GUIDELINES
2009 MEDIAN = $67,600.00
1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 person~_l
Extremely Low-
Income 30% $15,840 $18,090 $20,370 $22,620 $24.420 $26,250 $28.050 $29,850 1
Median
Very Low-
Income $26.400 $30,150 $33.950 $37.700 $40.700 $43.750 $46.7 50 $49.750
50% Median
Low-Income $42,240 $48,240 $54,320 $60,320 $65,120 $70.000 $74.800 $79.600
80% Median
Moderate
Income $63,360 $72,360 $8 1 ,480 $90,480 $97,680 $105,000 $112,200 $119,400
120% Median
- 24 -
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
MEMORANDUM
TO: Octavia Sherrod
Community Development, Manager
FROM: Janet M. Prainito, MMC
City Clerk
DATE: April 8, 2010
SUBJECT: Rl0-039 Non-Profit Developer Agreement Communit
Development Block Grant
Attached for your handling is the original agreement mentioned above. Once the
document has been executed, please return the original to the City Clerk's Office for
further processing.
Please contact me if there are any questions. Thank you.
~Yn. A~
Attachment
(Agreement)
C: Central File
\
S:\CC\ WP\AFTER COMMISSION\Departmental Transmittals\20 I O\Octavia Sherrod RI 0-039.doc
America's Gateway to the Gulfstream
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
MEMORANDUM
TO: Debbie Reamsnyder
FROM: Janet M. Prainito, MMC
City Clerk
DATE: July 27, 2010
SUBJECT: Rl0-039 Agreement for Non-Profit Developer Agreement
Community Development Block Grant.
Attached for your information and files is one (1) fully executed agreement mentioned
above. Per your request I am returning the original document to you and have kept a
copy for Central File.
Thank you.
~~.P~
Attachment
C: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2010\Debbie Reamsnyder RlO-039.doc
America's Gateway to the Gulfstream