R09-159
1 RESOLUTION R09-/s1
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING EXECUTION OF AN
5 INTERLOCAL AGREEMENT BETWEEN THE CITY OF
6 BOYNTON BEACH AND PALM BEACH COUNTY FOR
7 THE APPLICATION TO THE FLORIDA DEPARTMENT
8 OF COMMUNITY AFFAIRS TO RECEIVE $1,629,170.00
9 IN FUNDING THROUGH THE 2005 FLORIDA CDBG
10 DISASTER RECOVERY INITIATIVE; AND PROVIDING
11 AN EFFECTIVE DATE.
12
13 WHEREAS, Palm Beach County received funding from the United States
14 Department of Housing and Urban Development under its Community Development Block
15 Grant Program through the State of Florida Department of Community Affairs in connection
16 with the State's 2005 Disaster Recovery Initiative Program for the purpose of rehabilitating
17 dwellings that were damaged and/or destroyed by hurricane Wilma; and
18 WHEREAS, a determination between the County and the department of Housing
19 Affairs that the date of 2010 for Palm Beach County to expend the funds was unreasonable
20 and an eighteen month extension is appropriate; and
21 WHEREAS, the City of Boynton Beach will implement its strategy to encumber as
22 much of the funds as needed to assist its residents; and
23 WHEREAS, the City Commission of the City of Boynton Beach upon
24 recommendation of staff, deems it to be in the best interest of the citizens of the City of
25 Boynton Beach to authorize execution of the Interlocal Agreement with Palm Beach County
26 to implement the activities associated with the funds that have been allocated to the City of
27 Boynton Beach.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
S:ICAIRESOlAgreementslILA with PSC for COSG ORI funding (2009).doc
1 being true and correct and are hereby made a specific part of this Resolution upon adoption
2 hereof.
3
Section 2.
Upon recommendation of staff, this Commission does hereby authorize
4 execution of this 1nterlocal Agreement between the City of Boynton Beach and Palm Beach
5 County to implement the activities associated with the funds that have been allocated to the
6 City of Boynton Beach, a copy of which Agreement is attached hereto and made a part here.
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Section 3.
That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~~ay of October, 2009.
H, FLORIDA
Vice Mayor- Woodrow L. Ha
~dW"I~d
.-,----
Commissioner - Marlene Ross
ATTEST:
.P~
J et M. Prainito, CMC
ity Clerk
S:ICAIRESOlAgreementslILA with PBC for COBG ORI funding (2009).doc
R09-1':J<1
AGREEMENT BETWEEN PALM BEACH COUNTY
AND
CITY OF BOYNTON BEACH
THIS AGREEMENT, entered into this day of , 20_, by and between
Palm Beach County, a political subdivision of the State of Florida, and the Citv of Bovnton Beach, a
municipality duly organized and existing by virtue ofthe laws of the State of Florida, having its principal
office at 100 East Bovnton Beach Boulevard. Bovnton Beach, Florida 33435.
WHEREAS, Paim Beach County has entered into a Contract (number 07DB-3V-10-60-01-Z07) with
the State of Florida, Department of Community Affairs, in connection with the State's 2005 Disaster
Recovery Initiative Program which the State is implementing for the use of grant funds provided by the
United States Department of Housing and Urban Development under its Community Development
Block Grant Program; and
WHEREAS, the Citv of Bovnton Beach was allocated certain funds under said Contract to implement
specified activities under the 2005 Disaster Recovery Initiative Program; and
WHEREAS, Palm Beach County desires to engage the Citv of Bovnton Beach to implement the
activities associated with the funds allocated to it.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is
agreed as follows;
PART I
DEFINITIONS, PURPOSE AND APPLICABLE CONDITIONS
1. DEFINITIONS
(1 ) "County" means Palm Beach County.
(2) "CDBG" means the Community Development Block Grant Program ofthe United States
Department of Housing and Urban Development.
(3) "HCD" means Palm Beach County Housing and Community Development.
(4) "Municipality" means the Citv of Bovnton Beach.
(5) "State" means the State of Florida, Department of Community Affairs.
(6) "Contract" means contract number 07DB-3V-10-60-01-Z07 between Palm Beach
County and the State of Florida, Department of Community Affairs.
(7) "HCD Approval" means the written approval of the HCD Director or his designee.
(8) "U.S. HUD" means the Secretary of Housing and Urban Development or a person
authorized to act on its behalf.
2. PURPOSE
The purpose of this Agreement is to state the covenants and conditions under which the
Municipality will implement the Scope of Services set forth in Part II of this Agreement. All the
beneficiaries of a project funded under this Agreement shall be low income households whose
household incomes are within 80% of the median income for the West Palm Beach - Boca
Raton Metropolitan Statistical Area adjusted by family size, as determined by HCD in its sole
discretion.
Page 1 of 36
City of Boynton Beach
3. APPLICABLE CONDITIONS
The Municipality shall be bound by the Contract to the extent applicable to this Agreement.
Furthermore, the conditions applicable to the activities undertaken in connection with this
Agreement shall include but not be limited to those listed below (as they may be amended from
time to time). Palm Beach County's failure to list verbatim or make reference to a regulation,
statute, ordinance, reference, or any other document affecting the Municipality, shall not relieve
the Municipality of compliance with any applicable regulation, statute, ordinance, or any other
document not listed below. The County reserves the right, but not the obligation, to inform the
Municipality of any such applicable regulation, statute, ordinance, or any other document, and
to require the Municipality to comply with the same.
1. Community Development Block Grant, Final 33.Noise Abatement and Control: Departmental
Rule, 24 C.F.R., Part 570; Policy Implementation, Responsibilities and
2. Florida Small and Minority Business Act, s Standards, 24 C.F.R. Part 51, Subpart B;
288.702-288.714, F.S.; 34.Flood Disaster Protection Act of 1973, P.L.
3.Florida Coastal Zone Protection Act, s 92-234;
161.52-161.58, F.S.; 35.Protection of Historic and Cultural Properties
4. Local Government Comprehensive Planning under HUD Programs, 24 C.F.R. Part 59;
and Land Development Regulation Act, Ch. 36. Coastal Zone Management Act of 1972, P.L.
163, F.S.; 92-583;
5. Title I of the Housing and Community 37.Architectural and Construction Standards;
Development Act of 1974, as amended; 38.Architectural Barriers Act of 1968, 42 U.S.C.
6. Treasury Circular 1075 regarding drawdown 4151;
of CDBG funds; 39.Executive Order 11296, relating to the
7.Sections 290.0401-290.049, F.S.; evaluation of flood hazards;
8.Rule Chapter 9B-43, Fla Admin. Code.; 40. Executive Order 11288, relating to prevention,
9. Department of Community Affairs Technical control and abatement of water pollution;
Memorandums; 41.Cost-Effective Energy Conservation
10.HUD Circular Memorandums applicable to Standards, 24 C.F.R., Part 39;
the Small Cities CDBG Program; 42. Section 8 Existing Housing Quality Standards,
11. Single Audit Act of 1984; 24 C.F.R., Part 882;
12.National Environmental Policy Act of 1969 43.Coastal Barrier Resource Act of 1982;
and other provisions of law which further the 44.Federal Fair Labor Standards Act, 29 U.S.C.
purpose of this Act; s. 201 et. seq.;
13.National Historic Preservation Act of 1966 45.Title VI of the Civil Rights Act of 1964 - Non-
(Public Law 89-665) as amended and discrimination;
Protection of Historic Properties (24 C.F.R., 46. Title VII of the Civil Rights Act of 1968 - Non-
part 800); discrimination in housing;
14.Preservation of Archaeoiogical and 47.Age Discrimination Act of 1975;
Historical Data Act of 1966; 48. Executive Order 12892 - Fair Housing;
15. Executive Order 11593 - Protection and 49.Section 109 of the Housing and Community
Enhancement of Cultural Environment; Development Act of 1974, Non-discrimination;
16. Reservoir Salvage Act; 50. Section 504 of the Rehabilitation Act of 1973
17.Safe Drinking Water Act of 1974, as and 24 C.F.R., Part 8;
amended; 51.Executive Order 11063 - Equal Opportunity in
18. Endangered Species Act of 1958, as Housing;
amended; 52. Executive Order 11246 - Non-discrimination;
19.Executive Order 12898 - Environmental 53. Section 3 of the Housing and Urban
Justice Development Act of 1968, as amended -
20.Executive Order 11988 and 24 C.FR. Part Employment /Training of Lower Income
55- Floodplain Management; Residents and Local Business Contracting;
21. The Federal Water Pollution Control Act of 54.Uniform Relocation Assistance and Real
1972, as amended (33 U.S.C., s 1251 et. Property Acquisition Policies Act of 1970, P.L.
seq.); 100-17, and 49 C.F.R. Part 24;
22.Executive Order 11990 - Protection of 55.Copeland Anti-Kickback Act of 1924;
Wetiands; 56. Hatch Act;
23.Coastal Zone Management Act of 1968, as 57. Title IV Lead-Based Paint Poisoning
amended; Prevention Act (42 U.S.C. s. 1251 et. seq.);
24.Wild and Scenic Rivers Act of 1968, as 58.0MB Circulars A-87, A-122 and A-133, as
amended; revised;
25.Clean Air Act of 1977; 59. Administrative Requirements for Grants, 24
26.HUD Environmental Standards (24 C.F.R. C.F.R. Part 85;
Part 58); 60.Section 102 of the Department of Housing
27. Farmland Protection Policy Act of 1981; and Urban Development Reform Act of 1989
28.Clean Water Act of 1977; and 24 C.F.R. Part 12;
29.Davis - Bacon Act; 61.Emergency Rule 9BER05-2, CDBG Disaster
30. Contract Work Hours and Safety Standards Recovery Funds;
Act of 1962, 40 U.S.C. s. 327 et. seq.; 62.HUD program requirements for disaster
31.The Wildlife Coordination Act of 1958, as recovery projects as publiShed in Federal
amended; Register, Vol. 69, No. 237 (December 10,
32. The Solid Waste Disposal Act, as amended 2004) [Docket No. FR-4959 - N-01].
by the Resource Conservation and
Recovery Act of 1975 (42 U.S.C., s. 6901 et.
seq.;
Page 2 of 36
City of Boynton Beach
PART II
SCOPE OF SERVICES
The Municipality shall, in a satisfactory and proper manner as determined by HCD, perform the tasks
necessary to conduct the program outlined in Exhibit "A" as attached hereto and made a part hereof.
PART III
COMPENSATION. TIME OF PERFORMANCE. METHOD. AND CONDITIONS OF PAYMENT
1. MAXIMUM COMPENSATION
The Municipality agrees to accept as full payment for services rendered pursuant to this
Agreement the actual amount of budgeted, eligible, and HCD Director or designee-approved
expenditures and encumbrances made by the Municipality under this Agreement, which shall
not be unreasonably withheld. Said services shall be performed in a manner satisfactory to
HCD. In no event shall the total compensation or reimbursement to be paid hereunder exceed
the maximum and total authorized sum of $1.629.170 (as more specifically detailed in Exhibit
A hereto) for the period of .2008 through and including Februarv 15. 2010.
Any funds not obligated by the expiration date of this Agreement shall automatically revert to
the County.
The Municioalitv aqrees to comolv with the requirements of 24 CFR Part 58. The orovision of
funds under this Aqreement is conditioned on the satisfactorv comoletion of the environmental
review orocess. and the Countv's determination to oroceed. modifv. or cancel this
oroiect/activitv based on the results of this environmental review. If this project involves
unspecified sites, the Municipality agrees to provide a request to HCD for the review and
approval of an environmental review as the sites are identified.
2. 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 under State Contract number 07DB-
3V-10-60-01-Z07, and any amendments thereto. If funds cease to be available under said
Contract, the County shall be relieved from providing funds under this Agreement. The
effective date shall be the date of execution of this Agreement, and the services of the
Municipality shall be undertaken and completed in light of the purposes of this Agreement. In
any event, all services required hereunder shall be completed by the Municipality prior to
Februarv 15. 2010.
3. METHOD OF PAYMENT
The County agrees to make payments and to reimburse the Municipality for all budgeted costs
permitted by Federal, State, and County guidelines. The Municipality shall not request
reimbursement for payments made by the Municipality before the effective date of this
Agreement, nor shall it request reimbursement for payments made after the expiration date of
this Agreement, and in no event shall the County provide advance funding to the Municipality
or any subcontractors hereunder.
The Municipality shall request payments or reimbursements from the County by submitting to
HCD proper documentation of expenditures consisting of originals of invoices, receipts, or
other evidence of indebtedness, and when original documents cannot be presented, the
Municipality may furnish copies if deemed acceptable by HCD. Each request for payment or
reimbursement submitted by the Municipality shall be accompanied by a letter from the
Municipality, provided on the Municipality's letterhead, referencing the name of the project
funded herein, the date of this Agreement and/or its document number, and containing a
statement requesting the payment or reimbursement and its amount, as well as the name and
signature of the person making the request. Payment shall be made by the Palm Beach
County Finance Department upon presentation of the aforesaid proper documentation of
expenditures as approved by HCD.
The Municipality may at any time after the expiration of this agreement request from the County
reimbursement for payments made by the Municipality during the term of this Agreement by
submitting to HCD the aforesaid proper documentation of expenditures, and the Palm Beach
County Finance Department shall make payment as stated above, provided that HCD has
determined that the funds allocated to the Municipality through this agreement are still available
for payment, and provided that HCD approves such payment.
Page 3 of 36
City of Boynton Beach
4. CONDITIONS ON WHICH PAYMENT IS CONTINGENT
(1) IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES
The Municipality shall implementthis Agreement in accordance with applicable Federal,
State, and County laws, ordinances and codes and with the procedures outlined in
HCD Policies and Procedures memoranda. The Federal, State, and County laws,
ordinances and codes are minimal regulations supplemented by more restrictive
guidelines set forth by HCD. No payments for projects funded by more than one
funding source will be made until a cost allocation plan has been approved by the HCD
Director or designee. Should a project receive additional funding after the
commencement of this Agreement, the Municipality shall notify HCD in writing within
thirty (30) days of receiving notification from the funding source and submit a cost
allocation plan for approval by the HCD Director or designee within forty-five (45) days
of said official notification.
(2) FINANCIAL ACCOUNTABILITY
The County may have a financial systems analysis and/or an audit of the Municipality,
orof any of its subcontractors, by an independent auditing firm employed by the County
or by the County Internal Audit Department at any time the County deems necessary
to determine if the project is being managed in accordance with Federal, State, and
County requirements.
(3) SUBCONTRACTS
Any work or services subcontracted hereunder shall be specifically by written contract,
written agreement, or purchase order. All subcontracts shall be submitted by the
Municipality to HCD and approved by HCD prior to execution of any subcontract
hereunder. All subcontracts shall be subject to Federal, State and County laws and
regulations. This includes ensuring that all consultant contracts and fee schedules meet
the minimum standards as established by the Palm Beach County Engineering
Department and U.S. HUD. Contracts for architecture, engineering, survey, and
planning shall be fixed fee contracts.
All additional services shall have prior written approval with support documentation
detailing categories of persons performing work plus hourly rates including benefits,
number of drawings required, and all items that justify the "Fixed Fee Contract."
Reimbursables will be at cost. 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 prior written approval of the HCD Director or his
designee.
(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 Palm Beach County Purchasing Code, as well as Federal Manage-
ment Circulars A-87, A-102, A-128, and 24CFR Part 85 (also known as the Common
Rule), which are incorporated herein by reference.
(5) REPORTS, AUDITS. AND EVALUATIONS
Payment will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring or audit findings
identified pursuant to this Agreement.
(6) ADDITIONAL HCD. COUNTY. AND U.S. HUD REQUIREMENTS
HCD shall have the right under this Agreement to suspend or terminate payments if
after 15 days written notice the Municipality has not complied with any additional
conditions that may be imposed, at any time, by HCD, the County, the State, or U.S.
HUD.
(7) PRIOR WRITTEN APPROVALS-SUMMARY
The following activities among others require the prior written approval of the HCD
Director or designee to be eligible for reimbursement or payment:
(a) All subcontracts and agreements pursuant to this Agreement;
(b) All change orders;
(c) All requests to utilize uncommitted funds after the expiration ofthis Agreement
for programs described in Exhibit A.
Page 4 of 36
City of Boynton Beach
(8) PROGRAM-GENERATED INCOME
All income earned by the Municipality from activities financed in whole or in part by
funds provided hereunder must be reported to HCD. Such income would include, but
not be limited to, income from service fees, sale of commodities, and rental or usage
fees. Such income shall only be used to undertake the activities authorized by this
Agreement. Accounting and disbursement of such income shall comply with OMB
Circular A-11 0 and other applicable regulations incorporated herein by reference.
PART IV
GENERAL CONDITIONS
1. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The Municipality agrees that no person shall on the ground of race, color, disability, national
origin, religion, age, financial status, familial status, marital status, sexual orientation, or
gender, 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 County shall have the right to terminate this Agreement.
To the greatest extent feasible, 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. The Municipality shall comply with the
Section 3 Clause of the Housing and Community Development Act of 1968.
2. OPPORTUNITIES FOR SMALL AND MINORITYIWOMEN-OWNED BUSINESS
ENTERPRISES
In the procurement of supplies, equipment, construction, or services to implement this
Agreement, the Municipality shall make a positive effort to utilize small business and
minority/women-owned business enterprises of supplies and services, and provide these
sources the maximum feasible opportunity to compete for contracts to be performed pursuant
to this Agreement. To the maximum extentfeasible these small business and minority/women-
owned business enterprises shall be located in or owned by residents of the CDBG areas
designated by Palm Beach County in the CDBG Annual Consolidated Plan approved by U.S.
HUD.
3. PROGRAM BENEFICIARIES
All the beneficiaries of a project funded under this Agreement shall be low income households
whose household incomes are within 80% of the median income for the West Palm Beach -
Boca Raton Metropolitan Statistical Area adjusted by family size, as determined by HCD in its
sole discretion. The project funded under this Agreement shall assist beneficiaries as defined
above for the time period designated in this Agreement. The Municipality shall provide written
verification of compliance to HCD upon HCD's request.
4. EVALUATION AND MONITORING
The Municipality agrees that HCD will carry out periodic monitoring and evaluation activities
as determined necessary by HCD or the County and that payment, reimbursement, or the
continuation of this Agreement is dependent upon satisfactory evaluation conclusions based
on the terms of this Agreement. The Municipality agrees to furnish upon request to HCD, the
County, or the County's designees copies of transcriptions of such records and information as
is determined necessary by HCD or the County. The Municipality shall submit status reports
required under this Agreement on forms approved by HCD to enable HCD to evaluate
progress. The Municipality shall provide information as requested by HCD to enable HCD to
complete reports required by the County or HUD. The Municipality shall allow HCD, the
County, the State, or HUD to monitor the Municipality on site. Such visits may be scheduled
or unscheduled as determined by HCD, the State, or HUD.
5. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as HCD, the County, U.S. HUD, or the
Comptroller General of the United States may deem necessary, there shall be made available
by the Municipality to HCD, the County, U.S. HUD, orthe Comptroller General for examination
all its records with respect to all matters covered by this Agreement.
If during the year, the Municipality expends over $500,000 of Federal awards, the Municipality
shall comply with the provisions of OM B Circular A-133. The Municipality shall submit a single
audit, including any management letter, made in accordance with the general program
requirements of OMS Circulars A-110, A-122, A-133, and other applicable regulations within
the earlier of, 30 days after receipt of the auditor's report(s), or nine (9) months after the end
of the audit period in which HCD-administered funds are expended.
Page 5 of 36
City of Boynton Beach
Said audit shall be made by a Certified Public Accountant of the Municipality's choosing,
subject to the County's approval. In the event the Municipality anticipates a delay in producing
such audit, the Municipality shall request an extension in advance of the deadline. The cost
of said audit shall be borne by the Municipality. In the event the Municipality is exempt from
having an audit conducted under A-133, the Municipality shall submit audited financial
statements and/or the County reserves the right to conduct a "limited scope audit" of the
Municipality as defined by A-133. The County will be responsible for providing technical
assistance to the Municipality, as deemed necessary by the County.
6. UNIFORM ADMINISTRATIVE REQUIREMENTS
The Municipality agrees to comply with the applicable uniform administrative requirements as
described in Federal Community Development Block Grant Regulations 24 CFR 570.502.
7. REVERSION OF ASSETS
Upon expiration of this Agreement, the Municipality shall transfer to the County any CDBG
funds on hand at the lime of expiration and any accounts receivable attributable to the use of
CDBG funds. Any real property under the Municipality's control upon expiration of this
Agreement which was acquired or improved in whole or part with CDBG in the excess of
$25,000 must either be used to meet one of the national objectives in Federal Community
Development Block Grant Regulations 24 CFR 570.508 for a period of five years after
expiration of this Agreement (unless a longer period is specified elsewhere in this Agreement),
or, the Municipality shall pay the County an amount equal to the current market value of the
property less any portion of the value attributable to expenditures of non-CDBG funds for the
acquisition of, or improvement to, the property.
8. DATA BECOMES COUNTY PROPERTY
All reports, plans, surveys, information, documents, maps, and other data procedures
developed, prepared, assembled, or completed by the Municipality for the purpose of this
Agreement shall be made available to the County by the Municipality at any time upon request
by the County or HCD. Upon completion of all work contemplated under this Agreement
copies of all documents and records relating to this Agreement shall be surrendered to HCD
if requested. In any event the Municipality shall keep all documents and records for six (6)
years after expiration of this Agreement.
9. INDEMNIFICATION
Each party to this Agreement shall be liable for its own actions and negligence and, to the
extent permitted by law, the County shall indemnify, defend, and hold harmless the Municipality
against any actions, claims, or damages arising out of the County's negligence in connection
with this Agreement, and the Municipality shall indemnify, defend, and hold harmless the
County against any actions, claims, or damages arising out of the Municipality's negligence in
connection with this Agreement. The Municipality shall also hold the State harmless against
all claims of whatever nature arising out of the Municipality's performance of work under this
Agreement, to extent allowed and required by law. The foregoing indemnification shall not
constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statute, section
768.28, nor shall the same be construed to constitute agreement by either party to indemnify
the other party for such other party's negligent, willful or intentional acts or omissions. The
Municipality shall hold the County harmless and shall indemnify the County for funds which the
County is obligated to refund the State or the Federal Government ariSing out of the conduct
of activities and administration ofthe Municipality. The provisions of this indemnification clause
shall survive the termination of this Agreement.
10. INSURANCE
Without waiving the right to sovereign immunity as provided by Florida Statute, Chapter
768.28, the Municipality reserves the right to self-insure for General Liability and Automobile
Liability under Florida's sovereign immunity statute with coverage limits of $100,000 Per
Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and
be set forth by the legislature. In the event the Municipality maintains Commercial General
Liability or Business Auto Liability, the Municipality agrees to maintain said insurance policies
at limits not less than $100,000 Per Person and $200,000 Per Occurrence. The Municipality
agrees to endorse Palm Beach Countv Board of Countv Commissioners as an "Additional
Insured" to the Commercial General Liability, but only with respect to negligence other than
County's negligence arising out of this project or Agreement. This paragraph does not apply
to liability policies which afford only indemnity based claims-bill coverage.
Page 6 of 36
City of Boynton Beach
The Municipality agrees to maintain, or self-insure, Worker's Compensation & Employer's
Liability insurance in accordance with Florida Statute, Chapter 440. The Municipality agrees
to provide a statement, or Certificate of Insurance, evidencing insurance or self-insurance for
the above required coverages, which the Municipality shall deliver to HCD at its office at 100
Australian Avenue, Suite 500, West Palm Beach, Florida 33406. The Municipality agrees its
self-insurance or insurance shall be primary as respects to any coverage afforded to or
maintained by County.
The Municipality agrees compliance with the foregoing insurance requirements is not intended
to nor construed to relieve the Municipality of its liability and obligations under this Agreement.
11. MAINTENANCE OF EFFORT
The intent and purpose of this Agreement is to increase the availability of the Municipality's
services. This Agreement is not to substitute for or replace existing or planned projects or
activities of the Municipality. The Municipality agrees to maintain a level of 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.
12. CONFLICT OF INTEREST
The Municipality covenants that no person who presently exercises any functions or
responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the target areas or any parcels therein, which would conflict in any manner or
degree with the performance of this Agreement and that no person having any conflict of
interest shall be employed by or subcontracted by the Municipality. Any possible conflict of
interest on the part of the Municipality or its employees shall be disclosed in writing to HCD
provided, however, that this paragraph shall be interpreted in such a manner so as not to
unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of low and moderate-income residents of the project area.
13. CITIZEN PARTICIPATION
The Municipality shall cooperate with HCD in the implementation of the Citizen Participation
Plan by establishing a citizen participation process to keep residents informed of the activities
the Municipality is undertaking in carrying out the provisions of this Agreement.
Representatives of the Municipality shall attend meetings and assist HCD in the
implementation ofthe Citizen Participation Plan, as requested by HCD.
14. RECOGNITION
All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as
to funding source. The Municipality will include a reference to the financial support herein
provided by HCD in all publications and publicity. In addition, the Municipality will make a good
faith effort to recognize HCD's support for all activities made possible with funds made
available under this Agreement.
15. AGREEMENT DOCUMENTS
The following documents are herein incorporated by reference and made a part hereof, and
shall constitute and be referred to as the Agreement; and all of said documents taken as a
whole constitute the Agreement between the parties hereto and are as fully a part of the
Agreement 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-87, A-102, A-133, and 24CFR
Part 85;
(3) Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Title II
of the Americans with Disabilities Act of 1990;
(4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act, and Section 3 of
the Housing and Community Development Act of 1968, and the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended;
(5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988, and Section 109
of the Housing and Community Development Act of 1974, as amended;
(6) Florida Statutes, Chapter 112;
(7) Palm Beach County Purchasing Code;
(8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as
amended;
(9) The Municipality's personnel policies and job descriptions; and
(10) The Municipality's Certificate of Insurance.
(11) Contract number07DB-3V-10-60-01-Z07 between Palm Beach County and the State
of Florida, Department of Community Affairs.
All ~f these documents will be maintained on file at HCD. The Municipality shall keep an
onglnal of thiS Agreement, including its Exhibits, and all amendments thereto, on file at its
principal office.
Page 7 of 36
City of Boynton Beach
16. TERMINATION
In event of termination for any of the following reasons, all finished or unfinished documents,
data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital
equipment secured by the Municipality with funds under this Agreement shall be returned to
HCD or the County.
In the event of termination, the Municipality shall not be relieved of liability to the County for
damages sustained by the County by virtue of any breach of the Agreement by the
Municipality, and the County may withhold any paymentto the Municipalityfor set-off purposes
until such time as the exact amount of damages due to the County from the Municipality is
determined.
(1) TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if either party shall violate any of the covenants,
agreements, or stipulations of this Agreement, either party shall thereupon have the
right to terminate this Agreement in whole or part by giving a fifteen (15) working day
written notice of such termination to the other party and specifying therein the effective
date of termination.
(2) TERMINATION DUE TO CESSATION
In the event the grant to the County under the Contract is suspended or terminated, this
Agreement shall be suspended or terminated effective on the date the Sate specifies.
17. 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.
18. AMENDMENTS
The County may, at its discretion, amend this Agreement to conform with changes required by
Federal, State, County, or U.S. HUD guidelines, directives, and objectives. Such amendments
shall be incorporated by written amendment as a part of this Agreement and shall be subject
to approval of the Palm Beach County Board of County Commissioners. Except as otherwise
provided herein, no amendment to this Agreement shall be binding on either party unless in
writing, approved by the Board of County Commissioners and the governing body of the
Municipality, and signed by both parties.
19. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered to HCD
at its office at 100 Australian Avenue, Suite 500, West Palm Beach, Florida 33406. and to the
Municipality when delivered to its address on page one (1) of this Agreement.
20. INDEPENDENT AGENT AND EMPLOYEES
The Municipality agrees that, in all matters relating to this Agreement, it will be acting as an
independent agent and that its employees are not Palm Beach County employees and are not
subject to the County provisions of the law applicable to County employees relative to employ-
ment, hours of work, rates of compensation, leave, unemployment compensation and
employee benefits.
21. NO FORFEITURE
The rights of the County under this Agreement shall be cumulative and failure on the part of
the County to exercise promptly any rights given hereunder shall not operate to forfeit or waive
any of the said rights.
22. PUBliC ENTITY CRIMES
As provided in F .S. 287.133 by entering into this Agreement or performing any work in
furtherance hereof, the Municipality 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. This notice is required by F.S. 287.133 (3)(a).
23. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of Ihirtv.threel33l enumerated pages which include the exhibits
referenced herein, shall be executed in three (3) counterparts, each of which shall be deemed
to be an original, and such counterparts will constitute one and the same instrument. A copy
of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach
County.
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City of Boynton Beach
24. ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties
hereto and constitutes the entire understanding. The parties hereby acknowledge that there
have been and are no representations, warranties, covenants, or undertakings other than those
expressly set forth herein.
WITNESS our Hands and Seals on this day of ,20_.
(MUNICIPALITY SEAL BELOW) CITY OF BOYNTON BEACH
BY:
Jerry Taylor, Mayor
By:
Janet M. Prainito, City Clerk
PALM BEACH COUNTY, FLORIDA, a
Political Sul)division of the State of Florida
FOR ITS BOARD OF COUNTY COMMISSIONERS
By;
Robert Weisman, County Administrator
Approved as to Form and Approved as to Terms and Conditions
Legal Sufficiency Dept. of Housing and Community Development
By: By:
Tammy K. Fields Amin Haury, Manager
Senior Assistant County Attorney Housing and Capital Improvements
S:\Caplmprv\2005DisasterRecoverylnitiative\RehabPrograms\BoyntonBeach\AgmtMuni.wpd
Page 9 of 36
City of Boynton Beach
EXHIBIT A
WORK PROGRAM NARRATIVE
I. THE MUNICIPALITY AGREES TO:
A. OVERVIEW;
The purpose of this Agreement is to make funds available to the Municipality under the State
of Florida funded 2005 Disaster Recovery Initiative Program to enable the Municipality to
implement a housing rehabilitation program ("Rehabilitation Program") and a housing
replacement program ("Replacement Program") in conjunction with which it may provide
technical and financial assistance to qualified low income property owners (as defined herein)
who reside in detached one dwelling structures (entirely used for residential purposes) and
located within its municipal boundaries. Assistance under these programs shall be provided
in order to either upgrade (rehabilitate) these structures to meet applicable housing and
building codes and in order to effectuate repairs of damages caused by Hurricane Wilma, or
to replace structures that were severely damaged by Hurricane Wilma with newly constructed
ones that meet applicable housing and building codes. Rehabilitation work on these properties
may for example include roofing, electrical, plumbing, structural repairs, painting, doors,
windows, and hurricane protection, provided that these repairs are practical and feasible. The
Municipality plans to provide rehabilitation assistance to thirty-seven (37) households and to
provide replacement housing assistance to three (3) households. The final number of homes
addressed with funding made available under this Agreement shall depend on the actual cost
of undertaken projects, and therefore may vary from the two above stated numbers.
B. REGULATORY STANDARDS:
The regulatory standards applicable to the activities undertaken in connection with this
Agreement shall include but not be limited to the ones listed below, and those enumerated
elsewhere in this Agreement. Palm Beach County's failure to list verbatim or make reference
to a regulation, statute, ordinance, reference, or any other document affecting the Municipality,
shall not relieve the Municipality of compliance with any applicable regulation, statute,
ordinance, or any other document not listed below. The County reserves the right, but not the
obligation, to inform the Municipality of any such applicable regulation, statute, ordinance, or
any other document, and to require the Municipality to comply with the same.
HUD: U. S. Department of Housing and Urban Development regulations (24 CFR Part 570).
HUD: U. S. Department of Housing and Urban Development regulations (24 CFR Part 35).
HUD: HUD Guidelines for the Evaluation and Control of Lead Hazards in Housing.
TITLE X: Title X - Residential Lead-Based Paint Hazard Reduction Act of 1992.
EPA: U.S. Environment Protection Agency regulations (40 CFR Part 745).
EPA: U.S. Environment Protection Agency regulations (40 CFR Part 61).
OSHA: Occupational Safety and Health Administration regulations (29 CFR Part 1926).
PBC: Palm Beach County Purchasing Ordinance.
The Municipality recognizes and understands that the applicable regulations, statutes,
ordinances, or all other applicable documents may be amended from time to time during the
term of this Agreement. The Municipality agrees to abide by all such amendments as relates
to the activities undertaken in connection with this Agreement, and as determined by HCD.
The Municipality recognizes and understands that during the term of this Agreement, new
regulations, statutes, ordinances, and other applicable documents may be issued that affect
the activities undertaken in connection with this Agreement. The Municipality agrees to abide
by all such new regulations, statutes, ordinances, and other applicable documents as
determined by HCD.
Should, after the execution of this Agreement, it be discovered that requirements concerning
certain activities to be undertaken in connection with the Agreement are absent, the parties
agree to abide by the decision of the State on such requirements. In the instance that the
State elects not to provide a decision on an absent requirement, or allows for a local choice
in the matter, the parties agree that all requirements pertaining to any such matter shall be at
the discretion of the County.
C. PROGRAM ADMINISTRATOR:
The Municipality shall designate an employee of the Municipality to be the "Program
Administrator" in connection with projects undertaken under this Agreement, and notify HCD
of the identity if such Program Administrator. The Program Administrator shall act as the
primary contact person between HCD staff and persons designated by the Municipality to be
involved in implementing projects undertaken under this Agreement. In addition to channeling
communication from and to HCD and the Municipality, and from and to HCD and the above
described designated persons, the Program Administrator shall review all materials and files
submitted by the Municipality to HCD in connection with this Agreement, and shall be the
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City of Boynton Beach
recipient of all materials and files provided by HCD to the Municipality. The Program
Administrator shall track and maintain awareness of the status and progress of all undertaken
projects and submit the reports required hereunder.
D. PROGRAM INSPECTOR:
The Municipality shall employ one or more "Inspector" (also referred to by the Municipality as
Construction Coordinator) in connection with this Agreement. The Inspector shall be able to
carry out the tasks described in this Agreement and be able to demonstrate the qualifications
that enable him/herto do so. The Inspectorshall at minimum perform inspections of residential
structures for compliance with housing and building codes, determine the feasibility of
undertaking rehabilitation, prepare construction specifications and cost estimates, review
construction bids, inspect rehabilitation construction work in progress, and review and approve
contractor payment requests. The Inspector shall be able to review lead-based paint
inspection and risk assessment reports and determine the actions to be taken to comply with
federal lead-based paint regulations, maintain inspection records and reports, prepare change
orders, initiate various notification letters and conduct necessary correspondence.
If the Municipality wishes to request HCD for reimbursement of that portion of an Inspector's
(Construction Coordinator) salary which is attributable to work done in connection with this
Agreement, then the Municipality shall provide HCD the following as a pre-requisite to its
reimbursement request for each Inspector:
- Documentation showing that the position of the Inspector (if such position was filled as a new
position as a result of this Agreement) was competitively solicited prior to the Inspector's
appointment to the position, and showing that the opening for this position was advertised in
a public forum to elicit applications from other prospective applicants.
- A copy of the letter notifying the Inspector of his/her appointment to this position.
- Documentation showing the annual or hourly salary paid for the position of Inspector.
- Personnel policy relating to vacation and sick leave.
When requesting reimbursement for each Inspector's work hours in connection with this
Agreement, the Municipality shall submit the following:
- With each reimbursement request, a copy of the daily time sheets which account for all time
worked by the Inspector on all assignments. These time sheets must be detailed enough to
allow HCD staff to distinguish between hours worked on rehabilitation projects being pursued
in connection with this Agreement and other hours worked by the Inspector. The time sheets
must also show the specific tasks undertaken by the Inspector on such projects as well as the
time taken to complete each task. The Municipality shall ensure that time is kept to regular
hours as much as possible and shall ensure that no excessive overtime is spent on these
projects.
- With each reimbursement request, copies of the payrolls and paychecks to the Inspector
corresponding to the above time sheets, as well as copies of documents proving that FICA was
paid for the period corresponding to the one for which the reimbursement is being claimed.
E. PROGRAM ADVISOR:
The Municipality shall employ one or more staff persons who in combination shall perform the
duties of an "Advisor" as contained in this Agreement. For the purpose of this Agreement the
Municipality shall employ an Affordable Housing Administrator and an Administrative Secretary
who together shall perform the duties of the Advisor. The Advisor shall be able to carry out the
tasks described in this Agreement and be able to demonstrate the qualifications that enable
him/her to do so. The Advisor shall at minimum perform a variety of program implementation
tasks including the participant application process, the applicant eligibility determination
process, financial underwriting, project closings, and expenditure tracking and reconciliation.
If the Municipality wishes to request HCD for reimbursement of that portion of its Affordable
Housing Administrator's salary and its Administrative Secretary's salary which is attributable
to work done in connection with this Agreement, then the Municipality shall first provide HCD
the pre-requisites for each in like manner as those listed above for an Inspector, and then
provide the time sheets and payroll documents for each in like manner as those listed above
for an Inspector.
F. OUTREACH AND APPLICANT SELECTION:
The Municipality's outreach effort in publicizing the housing rehabilitation program and the
housing replacement program being undertaken in connection with this Agreement shall
include newspaper announcements, newsletters to neighborhood associations, non-profts,
churches, childcare centers, and schools.
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City of Boynton Beach
The Municipality shall develop, publish to its residents, and use its own selection method for
applicants to be funded under this Agreement, provided that such method is fair and equitable,
and provided that it does not in any manner violate any of the provisions contained in this
Agreement.
G. THE APPLICATION PROCESS:
The Municipality shall invite each selected applicant to submit a written, signed, and dated
application (for the purposes of this Agreement, all owners of a property to be
rehabilitated/replaced who reside at such property shall be regarded as applicants, and
"applicant" as referred to herein shall also mean the plural term "applicants"). The Municipality
shall advise the applicant of its programs' objectives and explain the type of work undertaken
under each. Applicants to the Rehabilitation Program shall be advised that the primary
purpose of the Rehabilitation Program is to address property deficiencies to the extent
practicable and feasible to meet applicable housing and building code standards and to
effectuate repairs of damages caused by Hurricane Wilma. Applicants to the Replacement
Program shall be advised that the purpose of the Replacement Program is to replace
structures that were severely damaged by Hurricane Wilma with newly constructed ones that
meet applicable housing and building codes.
Applicants shall be advised of program requirements to receive assistance and the steps
involved in the rehabilitation and replacement process and their role in it. Applicants shall also
be informed of the financing arrangements available under the Program.
The application shall solicit information about the applicant such as:
- Name of applicant(s) and any other household members residing at the property (whether
related to the property owner or not) and relationship to property owner(s) as well as contact
telephone numbers.
- Address of the property, legal description and the Property Control Number.
- Social security numbers, dates of birth of applicant(s) and ages of household members.
- Employment information on all household members.
- AIi other income for the household including: wages, salaries, bonuses, pensions, social
security, disability, unemployment, selfempioyment, rental income, interest, dividends, public
assistance, alimony, child support, and income derived from assets.
- A listing of all assets owned by the applicant(s) and their associated value.
- Information about any mortgages on the property.
- Insurance information including name of insurer, agent, address, policy number, and type,
amount, and dates of coverage.
In conjunction with accepting an application from a selected applicant, each such applicant
shall be asked to submit documentation in support of the application such as copies of: deed,
mortgage(s), pay stubs, driver's license, social security card, death certificates, the last IRS
tax return (last two returns for self-employed persons), and copies of insurance policies. The
Municipality shall obtain from the applicant for the applicant's file a copy of the driver's license
or other picture identification document for each adult household member of the applicant, and
shall obtain a copy of the social security card for each household member.
At the time of application submission, a preliminary review shall be made of the information
provided and the applicant shall be requested to sign certain pertinent release forms that
enable the Municipality to verify information in the application with outside parties. Other such
forms shall also be signed by the applicant at later times as the need arises in the process of
reviewing the application. These release forms for example include: employment verification,
social security benefits verification, and pension verification.
In order to avoid any duplication of benefits, applicants shall be asked to provide signed
certifications regarding the receipt of any insurance, SBA, or FEMA payments for damages to
the property resulting from Hurricane Wilma. The Municipality shall devise a certification form
to be used by each applicant to certify whether or not the applicant received any insurance
payments (whiCh certification form shall be placed in the applicant's file). In addition, each
applicant shall be required to sign a release form to be submitted to FEMA (provided herein
as Exhibit B) for the purpose of verifying the receipt of any FEMA payments in connection with
damages resulting from Hurricane Wilma. The Municipality shall fax this release form to FEMA
with a request for information, regardless of whether the applicant applied for, or received, any
FEMA assistance, and place FEMA's response in the applicant's file. The County shall provide
the Municipality with FEMA contact information at a later date. Furthermore, the Municipality
shall verify whether the applicant received any assistance from the United States Small
Business Administration (SBA) by verifying the presence of the applicant's name on a list of
SBA recipients to be provided by the County to the Municipality at a later date. The Advisor
shall complete, sign and place a form in the applicant's file indicating whether the applicant's
name appears on SBA's list.
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City of Boynton Beach
Attime of application, the Municipality shall establish whether the applicant's property suffered
damages from Hurricane Wilma. As a condition for receiving assistance, each applicant must
be documented as having had damage to their home from Hurricane Wilma by means of:
- a certification from the Municipality, or
- a copy of a FEMA verification/claim, or
- an insurance claim, or
_ an affidavit from the applicant that is attested by the Municipality.
At time of application, the Municipality shall provide each applicant under the Rehabilitation
Program with a lead hazard information pamphlet entitled "Protect Your Family From Lead In
Your Home", informing applicants of the potential risk of lead hazard exposure from renovation
activity that may be performed in their homes, and the Municipality shall obtain from the
applicant a signed receipt indicating that the applicant has received the stated pamphlet which
receipt shall be placed in the applicant's file.
In conjunction with accepting an application from a selected applicant under the Rehabilitation
Program, the Municipality shall determine and document the "year built" of the applicant's
home. The source to be used for "year built" information shall be the Palm Beach County
Property Appraiser whose data may be accessed through the internet at
htto://www.co.oalm-beach.fl.us/oaoa/index.htm. The Municipality shall obtain a print out ofthe
"year built" information and place it in the file for each applicant.
H. THE REHABILITATION PROGRAM
H1. THE INITIAL INSPECTION PROCESS:
The Inspector shall perform an inspection of the property proposed for rehabilitation for the
purpose of assessing the conditions of the property and to determine if rehabilitation is
necessary and feasible. If the Inspector determines that the property did not sustain any
damages from Hurricane Wilma, then the Municipality shall rejectthe application for assistance
by providing the applicant written notice of such determination. Ifthe Inspector determines that
the property did sustain damages from Hurricane Wilma (as supported by the documentation
mentioned above), then the Inspector shall determine if the repair of such damages as well as
the work needed to address all housing and building code violations is feasible within the
funding limits of the Rehabilitation Program.
In making this determination special attention shall be given to un-permitted additions and un-
permitted enclosures. Un-permitted additions and un-permitted enclosures that can be
practically improved as part of the rehabilitation process, and within the funding limits, may be
undertaken. Un-permitted additions and un-permitted enclosures that cannot be practically
improved as part of the rehabilitation process, and within the funding limits, shall be removed
in conjunction with the rehabilitation process.
Rehabilitation shall be deemed "feasible" when the cost of complying with the requirements of
the Rehabilitation Program as specified in this Agreement can be achieved within the funding
limits established for the Rehabilitation Program. That is, the cost of meeting the requirements
of applicable code standards, hurricane damage repairs, lead-based paint remediation,
hurricane protection, etc. In the event that the cost of complying with the requirements of the
Rehabilitation Program exceeds the funding limits established for this Rehabilitation Program,
rehabilitation may still be deemed "feasible" if the sum of the amount funded through this
Rehabilitation Program as specified in this Agreement plus amounts funded by the applicant
(such as SBAlFEMA payments, insurance proceeds, or the applicant's personal funds) are
sufficient to meet the cost of complying with the requirements of the Rehabilitation Program.
In this regard, after considering the amount of funding per applicant as allowed by this
Agreement, and any SBAlFEMA payments and insurance proceeds, the Advisor shall discuss
the anticipated costs with the applicant, and explore the possibility and potential of the
applicant providing the gap in funds needed for the project. As part of this discussion, the
Advisor shall not only consider the rehabilitation cost estimate provided by the inspector, but
also other associated costs such as mortgage recording fees and termite treatment costs.
Pursuant to this discussion, the Municipality shall then reach a decision whether to further
pursue the project based on the ability of the applicant to fund the aforesaid gap from the
applicant's resources or from a lender. Upon determining that a project cannot be undertaken
based on the above (that is, the project is not feasible), the Municipality shall issue the
applicant an application rejection letter in which it shall provide the reason for the rejection.
For every such rejected project, the Inspector shall prepare a cost estimate to be maintained
in the applicant's file to support such a determination. Moreover, projects costing $2,000 or
less shall not be considered under the Rehabilitation Program.
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City of Boynton Beach
The Municipality shall proceed with processing projects that are deemed feasible. For projects
built before January 1, 1978, that are feasible, the Municipality shall obtain a lead-based paint
inspection/risk assessment report as specified below.
At the time of application intake or at any time thereafter during contact with an applicant or a
household member of the applicant, if the Advisor finds out about a disability of the applicant
or a household member of the applicant, the Advisor shall inform the Municipality's Inspector
of such finding. Alternatively, the inspector may find out about such a disability based on
contact with an applicant or a household member. After determining that a project is feasible,
and in conjunction with preparing a work write-up for a project, the Inspector shaH obtain an
affidavit from the applicant regarding the disability (ifthe disability affects a household member
who is not a minor, either that person orthe applicant may provide the affidavit). The Inspector
may use a general affidavit form for this purpose. The affidavit must identify the person with
the disability, it must describe the disability to the affiant's best knowledge, and it must describe
the remedies proposed by the affiant to accommodate the disability that can be undertaken
through the Rehabilitation Program. The Municipality is encouraged to suggest the inclusion
of any remedies that can be undertaken by the Rehabilitation Program that come to its
attention while in contact with the applicant, with household members, or while inspecting the
property. The Municipalitv is cautioned not to omit anv information the affiant wishes to put in
the affidavit.
The original affidavit must be placed in the applicant's file, and a copy must be presented with
the work write-up when that is submitted to HCD for approval before bidding as required below.
HCD shall examine the contents ofthe affidavit to determine ifthe work write-up has sufficiently
addressed the accommodations needed, and consult with the County Attorney's office when
necessary to achieve appropriate accommodation.
In this regard, the Municipality is reminded that in addition to physical impairments that may
be encountered, disabilities may also include neurological impairments, mental impairments,
and emotional impairments that might come to its attention. During its discussions with the
applicant or a household member of the applicant, the Municipality shall inquire: a) if the
disability is expected to be of long, continued, and indefinite duration, b) if the disability
substantially impedes the person's ability to live independently, and c) if the disabled person's
ability to live independently can be improved by more suitable housing conditions. The
Municipality shall inform the applicant that disclosure of a disability will in no way affect the
application for assistance.
H2. THE VERIFICATION PROCESS:
During this process, the Advisor shall verify the information provided by the applicant with
outside parties, and obtain additional information that is necessary in reaching a decision on
whether to proceed with the project or not.
The verification process shall include:
(a) INCOME VERIFICATION: The Municipality shall obtain written income verification of
the applicant's household in order to establish eligibility under the Rehabilitation
Program. A household is defined as: "All persons who occupy a housing unit. The
occupants may be a single family, one person living alone, two or more families living
together, or any other group of related or unrelated persons who share living
arrangements (24CFR Part 570)". A household shall be regarded as being eligible to
receive assistance under the Rehabilitation Program if the projected prevailing rate of
household annual income received from all sources by household size is at or below
80% of the applicable median family income for the West Palm Beach-Boca Raton
Metropolitan Statistical Area. The current median income and schedule of qualifying
incomes by household size shall be as revised and published in the Federal Register
by HUD from time to time. The household annual income information to be used for
eligibility determination under the Rehabilitation Program shall be that in effect on the
date funding is approved for each applicant.
Annual income of all household members shall be determined according to the HUD
Section 8 method. In this regard, it should be noted that the HUD Section 8 method
of computing income in part lakes into account income from assets (actual and
imputed, as applicable).
Income shall be verified through use of verification forms signed by the pertinent
household member authorizing verification by the source of income or by obtaining
documentation produced by a third party that establishes income information.
Verification forms may include forms such as:
- employment verification
- unemployment benefit verification
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City of Boynton Beach
- pension benefit verification
- social security benefit verification
- disability benefit verification
- veteran's benefit verification
- verification of benefits administered by HRS
- interest income verification
Each income earning household member must provide a signed copy of their last IRS
return including attachments (last 2 returns for a self-employed person). It is recognized
that IRS rules do not require the filing of a return if a person's income for example is
below a certain amount as established by the IRS and revised from time to time. In
such instance where an income-earning household member does not file a return, a
notation shall be so indicated on the application form.
The Municipality shall, for each adult household member who does not earn any
income, obtain an affidavit from such household member indicating that no income is
earned by such person.
In the course of establishing and verifying household income for each applicant, the
Municipality shall reconcile annual income information with annual household expenses
reported by the applicant or determined by the Municipality. While reviewing this
income and expense data, the Municipality shall examine such data for consistency
allowing for reasonable living expenses of the household (such as food, clothing, and
transportation). Where annual obligations and other household expenses (such as
mortgage payments, car loans, utilities, and real estate taxes) appear to constitute
substantial portions of household income not allowing room for reasonable living
expenses, the Municipality shall further investigate annual income and expense
information with the applicant in order to resolve unreconciled differences between
both. If resolution of such matters cannot be reached to the satisfaction of HCD, the
applicant's requestfor assistance may be suspended until satisfactorily resolved orelse
may be rejected.
(b) TITLE VERI FICA TION: The Municipality shall place in the file for each applicant copies
of documents that show that the title of record to the property proposed for
rehabilitation is held by the applicant (such as a deed or court order). (Tax records shall
not constitute adequate proof in this regard). (Documents showing that the applicant
holds a life estate in the property shall be acceptable).
The Municipality shall assure that the applicant owned the property proposed for
rehabilitation at the time of Hurricane Wilma on October 24,2005. If the applicant is
not able to demonstrate compliance with this requirement, the Municipality shall reject
the applicant from participation in the Rehabilitation Program in writing. A copy of the
rejection letter shall be maintained in the applicant's file.
(c) REAL ESTATE TAX VERIFICATION: The Municipality shall place in the file for each
applicant copies of documents that show that the real estate taxes for the property
proposed for rehabilitation have been paid in full.
(d) MORTGAGE VERIFICATION: In orderto avoid funding an applicant who has mortgage
obligations that are delinquent and that may lead to foreclosure and eventual loss of
the property proposed for rehabilitation, the Municipality shall verifywith the mortgagee
that mortgage payments are current. Applicants, determined to have delinquent
mortgage payments or who are in foreclosure shall be rejected by the Municipality in
writing after having given the applicant a reasonable period of time to correct these
conditions. Copies of rejection letters shall be maintained in the applicant's file.
(e) INSURANCE VERIFICATION: The Municipality shall document that the applicant, at
minimum, maintains homeowner insurance on the property proposed for rehabilitation.
However, if the property is in a flood zone "A" or flood zone "V", the applicant shall be
required to maintain flood insurance on the property and the Municipality shall, before
closing, maintain documentation evidencing such insurance coverage in the applicant's
file. Such coverage shall be at least equal to the sum of the anticipated mortgage
encumbrance against the property resulting from this Rehabilitation Program and the
balance of all other senior mortgage encumbrances against the property.
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City of Boynton Beach
The applicant shall also provide copies of all insurance claims, insurance settlements,
and insurance payments received in connection with damages to the property. The
Municipality shall obtain from the applicant an affidavit in connection with all insurance
funds received by the applicant for damages to the property. If the applicant did not
receive any insurance funds for damages to the property, then the Municipality shall
obtain from the applicant an affidavit to that effect to be placed in the applicant's file.
(f) ENVIRONMENTAL REVIEW: The Municipality shall complete an Environmental
Review Checklist Request form, provided herein as Exhibit C, for each property
proposed for rehabilitation and shall submit such form to HCD. The Municipality shall
place the Environmental Review Checklist provided to it by HCD in response to its
request in the applicant's file, and shall comply with all matters brought to its attention
by HCD as a precondition to proceeding with the project.
(g) LEAD-BASED PAINT VERIFICATION: All dwelling units built before January 1, 1978,
shall be inspected for the presence of lead-based paint as required by applicable lead-
based paint regulations. The Municipality shall retain the services of an EPA certified
lead-based paint inspector, who is also an EPA certified lead-based paint risk assessor
to perform a surface-by-surface investigation (Of all interior and exterior painted,
stained, varnished or shellacked surfaces, regardless of whether or not such surfaces
will be disturbed in the course of rehabilitation) in order to determine the presence of
lead-based paint, and shall submit to HCD a report containing the results of the
inspection and risk assessment. The report shall identify surfaces containing lead-
based paint which are in a stable condition (regarded not to constitute a hazard), and
surfaces which contain lead-based paint and which are deteriorated or subjected to
friction or impact (regarded to constitute a hazard). The findings of the report shall be
used by the Municipality in preparing the work items intended to accomplish lead-based
paint remediation, and shall be used for the preparation and provision of the Lead-
based Paint Notice of Evaluation and/or Presumption as required by applicable
regulations.
The services of the lead-based paint inspector/risk assessor retained by the
Municipality shall be procured in accord with the requirements of this Agreement if the
Municipality wishes to be reimbursed by the County for the cost of these services. In
such instance, the Municipality shall submit its request for proposals for consultant
services package to HCD and obtain a letter of approval prior to soliciting proposals,
and the Municipality shall obtain HCD approval prior to awarding the contract for these
consultant services. (It is suggested that the above services also include the clearance
testing services mentioned below).
The Municipality shall pay the lead-based paint inspector/risk assessor for the above
mentioned reports and clearance testing services as approved by HCD, and request
HCD for reimbursement of such costs. The County shall reimburse the Municipality for
such costs as provided in this Agreement.
H3. THE WORK WRITE-UP PREPARATION PROCESS:
If upon review of the information verified through the preceding process the applicant appears
to be qualified, a work write-up shall be prepared by the Inspectorforthe rehabilitation project.
The work write-up shall contains a detailed list of construction specifications the execution of
which will correct the deficiencies at the property and will upgrade the property to the extent
practicable and feasible to applicable housing and bUilding code standards (including the HUD
Section 8 Housing Quality Standards). The work write-up shall also contain items to address
lead-based paint remediation, hurricane protection, energy efficiency and conservation,
removal of architectural barriers, correction of damages caused by Hurricane Wilma, and any
requirements emanating from the environmental review
(a) CODE RELATED iTEMS: These are work item that are intended to correct code
violations, that is the correction of deficiencies at the property which are not in
compliance with applicable housing and building code standards (including the HUD
Section 8 Housing Quality Standards). These items may also include compliance with
any historic preservation requirements applicable to the property.
(b) HURRICANE PROTECTION ITEMS: The work write-up shall include work items that
address hurricane protection as required by code. Additional hurricane protection
measures not required by code may be included in the work write-up to the extent
practicable and feasible.
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City of Boynton Beach
(c) HOMEOWNER ASSOCIATION REQUIREMENTS: Should the work write-up contain
items that are also regulated by a homeowner association, then the work write-up shall
address the requirements of the homeowner association for such items only, such as
complying with color or style requirements for exterior building components, and
obtaining homeowner association approval of building materials or exterior building
components. In such instances the work write-up shall require the contractor to submit
such for approval by the homeowner association prior to the commencement of the
work.
(d) DISABILITY ACCOMMODATIONS: In the event that an applicant and/or a household
member has a disability that comes to the attention of the Municipality, an affidavit shall
be obtained from the applicant/household member which contains remedies proposed
by the affiant to accommodate the disability that can be undertaken through the
Rehabilitation Program as previously described. When the disability is expected to be
of long, continued, and indefinite duration, and ifthe disability substantially impedes the
person's ability to live independently, and if the disabled person's ability to live
independently can be improved by more suitable housing conditions, then the work
write-up shall include such work items (remedies proposed by the affiant) that would
accommodate the disability and that can be undertaken through the Rehabilitation
Program.
(e) REHAB ILlT A TIONIDEMOLlTION OF UN-PERMITTED ENCLOSURES AND
ADDITIONS: The work write-up shall provide for the improvement of existing un-
permitted additions and enclosures such that they comply with applicable codes if
feasible and practical, and within the funding limits. Un-permitted additions and
enclosures that are not feasible or practical to improve as part of the rehabilitation
process, and within the funding limits, shall be demolished. Mortgagee/lien-holder
consentto demolish shall be obtained when there are mortgages/liens on the property.
(f) LEAD-BASED PAINT REMEDIATION: If the lead-based paint inspection/risk
assessment report reveals the presence of lead-based paint at the property (or if such
report leads to a presumption of the presence lead-based paint at the property), then
the work write-up shall include a disclosure (and warning) as follows:
- A disclosure of the building components, materials, and surfaces that have been
found to contain lead-based paint or are presumed to contain lead-based paint, and
that will remain at the property during and after the rehabilitation project, and a warning
to the contractor, all subcontractors, and all their employees and workers, not to disturb
any of these building components, materials, and surfaces in any manner, shape, or
form.
- A disclosure of the building components, materials, and surfaces that have been
found to contain lead-based paint or are presumed to contain lead-based paint, and
that will be abated by qualified persons in connection with the rehabilitation project, and
a warning to the contractor, all subcontractors, and all their employees and workers,
except for persons qualified to do so, not to disturb any of these bUilding components,
materials, and surfaces in any manner, shape, or form.
- A disclosure of the dust lead hazards found at the property that will be remediated by
qualified persons in connection with the rehabilitation project.
- A disclosure of the soil lead hazards found at the property that will be remediated by
qualified persons in connection with the rehabilitation project.
The work write-up shall include items that achieve the remediation of surfaces which
contain lead-based paint and which are expected to be disturbed during the process
of rehabilitation construction, as well as items that achieve the remediation of surfaces
which contain lead-based paint and are deteriorated or subjected to friction or impact
and regarded to constitute a hazard, as well as items that address the remediation of
dust and soil lead hazards. Lead-based paint remediation shall be undertaken using
the "abatement" method which shall be performed by appropriately certified persons.
The work write-up may also include items that achieve the remediation of surfaces
which contain lead-based paint which are in a stable condition (regarded not to
constitute a hazard) at the Municipality's option. The inclusion of such optional items
may be intended to achieve a lead free house, or where the house is permanently
occupied by at least one child less than six (6) years old.
The work write-up for abatement shall specify the scope of the hazard reduction
activity, the lead hazard reduction duration, the status, and length in days, of occupant
temporary relocation, the compliance requirements, the qualifications to perform the
work, and shall require an occupant protection plan, clearance testing, and an
abatement report.
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City of Boynton Beach
(g) ASBESTOS CONTAINING MATERIALS: Should the Inspector, while preparing the
work write-up, encounter suspect asbestos containing materials, such as transite
siding, or should the Inspector encounter a current or prior non-residential use of the
property (the house and its surrounding site), then the Inspector shall inform HCD of
such observation. HCD shall then cooperate with the Municipality to obtain an
asbestos survey of the property in order to determine the presence of asbestos
containing materials, which if found, shall be addressed in accord with applicable
regulations. Each work write-up submitted to HCD shall be accompanied by a
certification from the Inspector who prepared the work write-up indicating whether or
not there is any evidence of a current or prior non-residential use of the property.
(h) ENVIRONMENTAL REVIEW: The Municipality shall assure that there are no
environmental or historic considerations that would prevent the rehabilitation of the
property, and shall include in the work write-up all environmental and historic
requirements that may be addressed through the construction process.
(i) APPLICANT'S WORK WRITE-UP REVIEW AND APPROVAL: The Inspector shall
review the completed work write-up with the applicant who shall sign a review and
approval statement indicating:
- That the work write-up has been reviewed with the applicant.
- That the applicant understands the scope of work and the specifications of the work
to be performed on the applicant's property.
- The applicant's agreement that no changes to the work write-up specifications will
occur except for items needed to meet housing or building code requirements.
- The applicant's authorization allowing the Municipality to obtain bids for the work
contained in the work write-up.
Ul HCD WORK WRITE-UP APPROVAL AND IN-HOUSE COST ESTIMATE: Each
completed work write-up signed by the applicant shall be maintained in the applicant's
file. The Municipality shall provide HCD, for HCD's approval before bidding, a copy of
such work write-up initialed by the Inspector and showing the Inspector's in-house cost
estimate for each item in the work write-up. The work write-up shall be accompanied
by a copy of the lead-based paint inspection/risk assessment report, a copy of the
aforesaid asbestos certification as prepared by the Inspector, as well as copies of any
disability affidavits. HCD shall advise the Municipality of its determination concerning
its review of the work write-up within ten (10) working days of its receipt.
H4. BIDDING AND BID EVALUATION:
Bids for the work detailed in the work write-up shall be solicited by the Municipality from
contractors on a list of bidders established by the Municipality. The Municipality shall
determine the requirements (such as licensing and insurance requirements) to be met by such
contractors for admission to the list of bidders. For projects requiring lead-based paint
abatement, the rehabilitation contractor submitting a bid must be, or must hire, a certified lead-
based paint abatement contractor as a subcontractor.
The bid documents to be used for this purpose shall include the address, property owner, and
property owner contact information for the property to be rehabilitated, shall require bidders to
visit the property, and shall specify the location, date, and time by which bids must be
submitted. The bid documents shall specify the number of days after bid opening that bids
are to remain valid. The bid documents shall contain provisions for addressing
inconsistencies, interpretations, and supplemental instructions, as well as provisions for the
modification, withdrawal, rejection, and award of bids. The bid documents shall contain the
warranty and release of liens requirements as well as the insurance requirements for both the
contractor and the lead-based paint abatement contractor (or subcontractor). The bid
documents shall contain the Federal requirements applicable to projects funded under the
Rehabilitation Program.
For projects requiring lead-based paint abatement, the bid documents shall specify that the
Rehabilitation Program shall pay forthe first clearance testto be undertaken in connection with
the abatement for a project, and shall specify that the contractor shall be responsible for the
cost of all subsequent clearance tests to be obtained by the Municipality for that project. The
bid documents shall indicate that the cost of all clearance tests obtained by the Municipality
and required for a project after the initial clearance test, shall be deducted from the contractor's
payment.
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City of Boynton Beach
For projects requiring lead-based paint abatement, the bid documents shall specify the number
of days for which the Rehabilitation Program shall pay for occupant temporary relocation, if
any. The bid documents shall specify that the Rehabilitation Program shall pay for occupant
temporary relocation costs for the pre-specified number of days, and shall specify that the
contractor shall be responsible for the cost of all subsequent occupant temporary relocation
made necessary as a result of the contractor's failure to pass any clearance testing. The bid
documents shall indicate that the cost of all occupant temporary relocation necessitated as a
result of the contractor's failure to pass any clearance testing and paid by the Municipality,
shall be deducted from the contractor's payment.
The Municipality shall require contractors to submit sealed bids for the work contained in the
work write-up after visiting the applicant's property to acquaint themselves with existing
conditions. The Municipality shall only accept bids up to a pre-specified date and time after
which such bids shall be opened at the Municipality's offices. Bid openings shall be open to
bidders, applicants, and the general public. At the bid opening the Municipality's designated
employees shall open the bids and announce total amounts bid. The announced totals shall
be recorded on a bid spreadsheet showing each bidder's name and total amount bid as
announced.
After all bids are opened and announced the Municipality shall calculate the sum of all the
individual items contained in each bid to check for discrepancies between such sum and the
amount read at the bid opening. Where a discrepancy exists in a bid between the true and
correct sum of itemized costs and the total announced at the bid opening, the true and correct
mathematical sum of itemized costs shall prevail and the spreadSheet shall be noted
accordingly.
Upon close examination of all bids, the Municipality shall make a determination on the apparent
lowest responsive responsible bidder that best meets the terms, conditions, and specifications
of the bid and that will result in the best interest of the applicant, the Municipality, and the
County.
The Municipality shall evaluate the lowest bid to establish whether the total bid is within the
funding limit, and shall provide the applicant an opportunity to contribute to the project any
funds needed for the project above the funding limit, or shall secure such needed funds for the
applicant from other sources.
The bidding process shall also includes obtaining bids for treatment of termites and other wood
destroying organisms (extermination) where such infestation is found at the property. The
Municipality shall, in like manner as described above, establish a list of companies qualified
to provide such services, and shall solicit, obtain, and evaluate bids from such companies for
the treatment of termites and other wood destroying organisms that may be found at the
property to be rehabilitated under the Rehabilitation Program.
Funding shall be recommended for the lowest responsive responsible bidder both for
construction and extermination. Should the applicant wish to select another bidder, then the
difference in cost between the lowest bidder and that selected by the applicant shall be funded
by the applicant.
H5. PROJECT UNDERWRITING:
The Municipality shall complete a project underwriting process which entails undertaking
several tests to verify if Rehabilitation Program requirements have been met. This process
also entails the formulation of a funding recommendation when such requirements are met, or
the rejection of the application if these requirements can not be met by the applicant. The
Municipality shall, for each applicant, document the following:
(a) INFORMATION CONSISTENCY: The Municipality shall assure that the information
submitted by the applicant and other information verified through third parties or
gathered by the Municipality is consistent. If the preceding can not be met, the
Municipality shall request the applicant to provide corrected information or an
explanation such that satisfactory consistency exists in the opinion of the Municipality
and HCD. Failure to do so particularty where willful falsification exists shall be
regarded as grounds for rejection of the application and denial of any assistance.
(b) PROPERTY LOCATION: The Municipality shall assure that the property to be
rehabilitated is located within its municipal boundaries. An applicant whose property
is not located within these boundaries shall be rejected.
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City of Boynton Beach
(c) PROPERTY ELIGIBILITY: The Municipality shall assure that the properly to be
rehabilitated is a detached one dwelling structure entirely used for residential purposes.
The Inspector, at the time of initial inspection, shall establish the numberof units atthe
project and its use for residential purposes. If the number of units exceeds one
detached dwelling unit, such condition shall be remedied by actions that result in no
more than one detached dwelling unit after rehabilitation by including the removal of
any excess units in the work write-up. Any such demolition shall not result in the
displacement of any occupant and shall comply with One-far-One Replacement
regulations. If the properly is not entirely used for residential purposes, such condition
shall be remedied by actions that result in elimination or conversion of non-residential
portions of the properly to residential use.
(d) OCCUPANCY/RESIDENCY: The Municipality shall assure that the applicant resides
at the property to be rehabilitated which shall be determined at the time the property
is inspected and through the applicant's address as revealed by the various documents
received during the application/verification process. If the applicant does not occupy
the property, the applicant shall demonstrate extenuating circumstances for not
residing at the property. Rehabilitation may proceed provided that the rehabilitation
renders the property occupiable, and provided that the applicant submit a written
commitment prior to funding approval clearly indicating the intent of the applicant to
reside at the property after completion of the rehabilitation process. Extenuating
circumstances may include certain circumstances such as damages from hurricane
Wilma, or a determination of the properly's unfitness for habitation by a building or
other official for reasons of safety or other danger at the properly that can be remedied
throuah the Rehabilitation Proaram. HCD shall determine the type of documentation
necessary and/or acceptable to demonstrate the existence of these extenuating
circumstances, and if the extenuating circumstances are acceptable.
(e) PROPERTY OWNERSHIP: The Municipality shall assure that the title of record to the
properly proposed for rehabilitation is held by the applicant at the time of application
and that the applicant owned the property proposed for rehabilitation at the time of
Hurricane Wilma on October 24, 2005.
Note: the above condition requiring that the applicant have an ownership interest in the
properly to be rehabilitated does not preclude other parties who do not reside at the
property from having an ownership interest in the properly in addition to that of the
applicant. These other parties are not regarded to be part of the applicant's household,
however any such other parties having an ownership interest must agree to and join
the applicant in executing program documents that secure the rehabilitation costs and
encumber the property. In instances where the applicant has a life estate, all
"remainder men" must agree to and join the applicant in executing program documents
that secure the rehabilitation costs and encumber the property.
(f) REAL ESTATE TAX PAYMENT: The Municipality shall assure that the real estate
taxes for the property proposed for rehabilitation have been paid in full and shall place
in the file for each applicant copies of documents showing the same.
(g) CURRENT MORTGAGE PAYMENTS: For applicants who have mortgage obligations,
the Municipality shall assure that such mortgage obligations are not delinquent and that
mortgage payments are current.
(h) PROPERTY INSURANCE: The Municipality shall assure that the applicant, at
minimum, maintains homeowner insurance on the property proposed for rehabilitation,
and if the property is in a flood zone "A" or flood zone "V", it shall assure that the
applicant maintains flood insurance on the property. If such insurance in not in place
at the time of application, then the Municipality shall, before closing, obtain
documentation evidencing such insurance coverage.
(i) DAMAGES FROM HURRICANE WILMA: The Municipality shall assure that the
applicant's property suffered damages from Hurricane Wilma as previously described.
U) RECEIPT OF SBA OR FEMA BENEFITS AND INSURANCE PROCEEDS; The
Municipality shall assure that there is not duplication of benefits. The Municipality shall
verify the receipt of any SBA and/or FEMA payments by the applicant in connection
with Hurricane Wilma and shall document such. The MuniCipality shall verify the
receipt of any insurance proceeds by the applicant in connection with Hurricane Wilma
and shall document such.
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City of Boynton Beach
(k) LEAD HAZARD PAMPHLET: The Municipality shall assure that each applicant has
received a lead hazard information pamphlet entitled "Protect Your Family From Lead
In Your Home", and shall obtain from the applicant a signed receiptfor such pamphlet.
(I) LEAD NOTICE: For each property built before 1/1/78, the Municipality shall assure that
each applicant has received a Lead-based Paint Notice of Evaluation and/or
Presumption and shall obtain from the applicant a signed receipt for such notice.
(m) ENVIRONMENTAL AND HISTORIC REVIEW: The Municipality shall assurethatthere
are no environmental or historic considerations that would prevent the rehabilitation of
the property, and that it has complied with all environmental and historic requirements.
(n) PRESENCE OF ASBESTOS: The Municipality shall assure that the rehabilitation of
the property shall not cause any asbestos exposure and it shall comply with applicable
asbestos regulations when there is evidence of a current or prior non-residential use
at the property (the house and its surrounding site).
(0) HOUSEHOLD INCOME; The Municipality shall assure that the annual income of the
household occupying the property to be rehabilitated as received from all sources, by
household size, is at or below 80% of the applicable median family income for the West
Palm Beach-Boca Raton Metropolitan Statistical Area.
H6. PROGRAM COSTS. FUNDING LIMITS AND SECURITY:
(a) ELIGIBLE PROGRAM COSTS: The following expenses shall be regarded as eligible
costs under the Rehabilitation Program:
- Labor, materials, and other costs of rehabilitation of properties, inCluding repair
directed toward an accumulation of deferred maintenance, removal of material and
architectural barriers that restrict the mobility and accessibility of elderly or severely
disabled persons, replacement of principal fixtures and components of existing
structures, installation of security devices, inCluding smoke detectors and dead bolt
locks, and renovation through alterations, additions to, or enhancement of existing
structures, which may be undertaken singly, or in combination.
- Improvements to increase the efficient use of energy in structures through such
means as installation of storm windows and doors, siding, wall and attic insulation, and
conversion, modification, or replacement of heating and cooling equipment, including
the use of solar energy equipment.
- Improvements to increase the efficient use of water through such means as water
saving faucets and shower heads and repair of water leaks.
- Improvements to provide windstorm protection to render rehabilitated homes less
vulnerable to future wind related damage.
- Connection of residential structures to water distribution lines or local sewer collection
lines (eXcluding payment of certain associated fees, such as impact fees, not eligible
under the CDBG program).
- Costs of flood insurance premiums and associated service charges as established
under the Nation Flood Insurance Program for a period of up to three years.
- Costs of inspecting, testing, and abatement of lead-based paint and asbestos
containing materials pursuant to applicable regulations.
- Costs associated with the processing of rehabilitation applications such as a title
search or state and local fees for recording documents prepared in conjunction with the
Rehabilitation Program.
- Costs of obtaining construction related professional services including architectural,
engineering, and surveying services, including the preparation of related technical
documents, and inspections associated with execution of the content of such
documents as pertains to the rehabilitation work.
- Costs of performing inspections of termite or other wood destroying organisms and
extermination thereof.
- Construction contingency funds at an amount which is the lesser of five percent (5%)
of the construction contract amount or $1 ,000.
- Costs of an Inspector(s), and/or an Advisor(s) as described herein, and where a
separate budget is provided in this Agreement for such costs.
- Temporary relocation costs for the members of the household where rehabilitation is
being performed.
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City of Boynton Beach
(b) FUNDING LIMITS AND SECURITY: All costs for each applicant, except for temporary
relocation costs and the cost of an Inspector(s), and/or an Advisor(s), shall be provided
as a loan subject to the following:
- The maximum funding amount per applicant for payment of rehabilitation construction
costs and incidental expenses regarded as eligible under this Agreement: $50,000.
- Security: A mortgage and promissory note, in the amount funded to the applicant,
shall be executed by all property owners of record at the closing described below and
shall be recorded by the Municipality in the public records of Palm Beach County
immediately after such closing. The Municipality shall be the mortgagee on all such
mortgages and shall be the beneficiary of the promissory notes.
Note: all additional funds, not included in the mortgage and promissory note, and
provided after the mortgage and promissory note have been executed, shall be secured
by means of a notice of future advance and promissory note, before such funds are
expended. The notice of future advance and a copy of the promissory note shall be
promptly recorded by the Municipality in the public records in like manner.
- Interest rate: 0%.
- Term: 10 years.
- Repayment Provisions and Events of Default: No repayment shall be made by the
mortgagor during the term of the mortgage except in the event of default as specified
in the mortgage including the sale, lease, transfer or disposition of the mortgaged
property. The amount secured by the mortgage and promissory note shall be forgiven
on a monthly basis over the ten (10) year term of the mortgage at the rate of 1/120'h of
the mortgage amount per month. Should repayment be made, then the amount to be
repaid consisting of the remaining unforgiven balance at time default occurs, shall be
computed by performing a monthly proration.
- Repayment of funds during the term of this Agreement: The Municipality shall
immediately transmit to the County all mortgage repayments that the Municipality
receives during the term of this Agreement. The Municipality may request the County
to add such transmitted funds received during the term of this Agreementto the amount
funded under this Agreement for such uses as described in the Agreement.
- Repayment of funds after the expiration this Agreement: The Municipality shall
immediately transmit to the County all mortgage repayments that the Municipality
receives after the expiration of this Agreement. The County shall then transmit such
funds to the State. The provisions of this clause shall survive the expiration of
this Agreement.
H7. PROJECT APPROVAL:
Upon assurance of project compliance with the requirements of the Rehabilitation Program,
and formulation of a funding recommendation for the applicant, the Municipality shall submit
to HCD the entire applicant file compiled to date and a financial write-up of the project by which
the Municipality requests HCD to approve funding for the applicant. HCD shall advise the
Municipality of its determination concerning its review of the financial write-up within ten (10)
working days of HCD's receipt of the financial write-up.
The financial write up shall contain the following information:
- Applicant/Owner Information: the name and address of the applicant, the names of the
owners, and a statement concerning the presence of any owners that do not occupy the
property.
- Household Information: identify the persons in the household, their relationship and ages.
- Household Income Information: identify each household member receiving an income, the
type of income, and the amount of monthly income, provide the household annual income, and
a statement that the household is income eligible.
- Property Information: provide a unit description (one unit substandard detached residence),
occupancy status (owner occupied), year built, year acquired, number of bedrooms, square
footage area, a statement that the property sustained damages from Hurricane Wilma, and a
statement that the property is located within the municipal boundaries.
- Property Obligations: identify the status of real estate tax and mortgage payments, and
property insurance coverage.
- Project Costs: list all project costs for items such as Inspection/risk assessment report,
clearance test, rehabilitation construction, termite treatment, recording fees, and construction
contingency, and provide a total cost for the project.
- Receipt of Benefits/Proceeds: provide a statement concerning the applicants receipt of any
SBAlFEMA benefits and/or any insurance proceeds, the amount thereof, and an explanation
of which portion of such received funds will be contributed by the owner to the cost of the
project.
- Funding Eligibility: provide a statement that the applicant is eligible to receive funding in
accord with the Agreement between the County and the Municipality.
- Funding Recommendation: provide a funding recommendation indicating the recommended
sources of funds, and the amount from each source, to meet the total cost of the project.
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City of Boynton Beach
_ Submission Statement provide a statement identifying the person who prepared and
submitted the financial write-up on behalf of the Municipality and provide a signature and date
for submission from such person.
_ Funding Approval; provide a section for HCD to indicate its approval of the funding
recommendation and a signature and date for such approval, and allow a section for HCD
comments in this regard.
H8. PROJECT CLOSING:
Upon approval of project funding by HCD, the Municipality shall prepare certain project
documents to be executed at the closing which shall, at least, be attended by the Advisor, the
applicant, and the contractor for the project that has been selected through the bid process.
The Municipality shall assure that the following has occurred as a pre-requisite to closing:
_ The Inspector shall conduct a pre-closing pre-construction site conference/walk-through with
the applicant and the contractor. At this walk-through the participants shall review the scope
of work to be performed, the schedule of work, and they shall establish whether there is a need
for the homeowner to move any personal or household items to facilitate the contractor's work.
_ The Advisor shall receive evidence of contractor insurance as speCified in the bid documents
and construction contract which evidence shall be placed in the applicant file.
_ The Advisor shall verify that the project contractor does not appear on the current General
Services Administration List of Parties Excluded from Federal Procurement or Non-
procurement Programs (see htto://www.eols.aov/), and shall place in the applicant file
documentation showing the same.
_ For projects requiring lead-base paint abatement, the Advisor shall receive from the
contractor an occupant protection plan prepared according to applicable regulations.
The closing shall be conducted by the Advisor who shall review all documents with the
applicant prior to execution. The documents to be executed by the applicant shall include;
- Mortgage.
- Promissory Note.
- Notice of Commencement.
- Notice to Proceed.
_ Contract for Exterminating Services (between the applicant and the exterminating company).
- Construction Contract (between the applicant and the contractor).
Note: All owners of record (including the applicant(s) who reside at the property and owners
who reside elsewhere) must execute the mortgage and promissory note. In instances where
the applicant has a life estate, all "remainder men" must join the applicant in executing the
mortgage and promissory note.
The documents to be executed by the contractor shall include:
- Construction Contract (between the applicant and the contractor).
- Certification of Nonsegregated facilities.
- Certification of Eligibility of General Contractor.
- Noncollusion Affidavit of Prime Bidder.
- Anti-kickback Affidavit.
The Advisor shall provide the contractor blank payment request forms for the contractor's use,
and after the closing shall obtain the exterminating company's counter signature on the
Contract for Exterminating Services. The Municipality shall, immediatelv after the closina.
assure that the orioinal executed mortaaae accomoanied bY a coov of the oromissorv note. and
the notice of commencement are recorded in the public records of Palm Beach County. The
Inspector shall, immediately after recording, assure that a certified copy of the recorded Notice
of Commencement is posted in a visible location at the property to be rehabilitated.
The Municipality shall assure that all funds from other sources required for undertaking a
project (but not including funds to be provided under this Agreement) shall be available at
closing. Funds from other sources for example include the applicant's contributions, insurance
proceeds and/or any payment from SBAlFEMA (or other agency). All such funds shall be held
by the Municipality in escrow to be used for their intended purpose as the project is
implemented. The Municipality understands that the expenditure of these funds cannot be
reimbursed to the Municipality under this Agreement.
For projects where lead-based paint abatement is to be performed and where the occupants
of the house are to be temporarily relocated, the Advisor shall, at the closing, coordinate the
abatement work days and the temporary relocation dates with the applicant, the contractor, the
Inspector, and the hotel.
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City of Boynton Beach
The Municipality shall use a Document Affidavit, a blank form of which shall be provided to it
by HCD, in connection with closings for property owners who are unable to read (for illiterate
persons and for persons who due to a physical disability are unable to read), and who do
understand English. The Advisor shall list on this affidavit all documents by name that are
included in the closing, and that are to be executed by such properly owners. The Advisor
shall also arrange for someone (such as a friend or a relative of the property owner or
someone well acquainted with the property owner) to read these documents to the property
owner. The Advisor shall prepare and deliver these documents to the reader in advance of the
closing to allow enough time for reading. The Document Affidavit shall be executed by the
reader and secured by the Advisor for the closing to be placed in the applicant file.
The Municipality shall use a Translated Document Affidavit, a blank form of which shall be
provided to it by HCD, in connection with closings for property owners who do not understand
English. The Advisor shall list all documents by name that are included in the closing, and that
are to be executed by such property owners. The Advisor shall also arrange for someone
(such as a friend or a relative of the property owner or someone well acquainted with the
property owner) to translate these documents to the properly owner noting that an oral
translation is sufficient, provided that the nature and effect of the documents is translated. The
Advisor shall prepare and deliver these documents to the translator in advance of the closing
to allow enough time for translation. The Translated Document Affidavit shall be executed by
the translator and secured by the Advisor for the closing to be placed in the applicant file.
H9. REHABILITATION CONSTRUCTION:
The Inspector shall inspect the work in progress being performed by the contractor and review
and approve all construction draws made against the contract. The applicant shall approve
all work requested for payment. A minimum five percent (5%) retainage shall be applied to
each progress draw, with the accumulated retainage amount released in conjunction with final
payment.
All lead-based paint remediation, temporary relocation of occupants, notifications, clearance
testing, and related documentation shall be carried out in compliance with HUD lead-based
paint regulations for projects funded under the Rehabilitation Program. This shall include the
provision of a Lead-based Paint Notice of Hazard Reduction Activity to the applicant after
hazard reduction activities have been completed.
During construction, change orders for unforeseen code related work items necessitating an
increase in the contract amount may be approved provided contingency funds are available.
if contingency funds are insufficient, additional funds may be obtained for the project as
described below. The Municipality shall request HCD's approval of all change orders before
they are signed regardless of whether or not the change orders cause an increase in the
contract amount. HCD shall advise the Municipality of its determination concerning its review
of change orders within ten (5) working days of HCD's receipt of the proposed change order.
Upon completion of the work, the contractor shall ensure that all work has been approved by
the building department with juriSdiction over the project, and obtain the necessary permit
approvals. The contractor shall request a final inspection by the Municipality which shall be
followed by the Municipality providing the contractor with a punch list of deficiencies (if such
deficiencies exist) to be corrected by the contractor prior to final payment.
When the work is fully completed, the Municipality shall obtain the applicant's approval of the
final payment. The final payment shall be subject to the Municipality's receipt of the following
from the contractor:
- Original building permits with Bldg. Dept. final approval, and Certificate of Completion.
- Original contractor's roof nailing affidavit.
- Original contractor's warranty showing the final inspection date/warranty start date.
- Original contractor's release of lien (with all subcontractors listed).
- Original subcontractors' releases of lien for subcontractors with Notices to Owner.
- Original abatement report for projects with lead-based paint abatement.
- Required product approvals.
- Manufacturers' warranties for equipment and appliances.
The Municipality shall pay the contractor for completed work that is contained in the
construction contract as approved by HcD, and request HCD for reimbursement of such costs.
The County shall reimburse the Municipality for such costs as provided in this Agreement.
Page 24 of 36
City of Boynton Beach
In connection with the first draw for each construction contract that is requested for
reimbursement, the Municipality shall provide the following:
_ A copy of the Occupant Protection Plan for projects with lead-based paint abatement.
- A copy of the executed construction contract.
_ A copy of the contractor's bid showing the work items and the cost of each.
_ A copy of the contractor's payment request approved by the Inspector and the applicant,
which shows the work items approved for payment and their costs, and which provides an
accounting of the contract amount, change orders, retainages, payments to date, deductions
and a computation of the approved payment.
_ A copy of the check tendered in payment by the Municipality.
In connection with the interim draws for each construction contract that is requested for
reimbursement, the Municipality shall provide the following:
_ A copy of the contractor's payment request as specified above.
- A copy of the check tendered in payment by the Municipality.
In connection with the final draw for each construction contract that is requested for
reimbursement, the Municipality shall provide the following:
- A copy of the contractor's roof nailing affidavit.
- A copy of the contractor's warranty.
- A copy of the contractor's release of lien.
_ A copy of the abatement report for projects with lead-based paint abatement.
_ A copy of the lead-based paint clearance test showing a pass designation after abatement.
- A copy of the Lead-based Paint Notice of Hazard Reduction Activity.
- A copy of the contractor's payment request as specified above.
- A copy of the check tendered in payment by the Municipality.
Extermination, if necessary, shall be carried out after completion of construction and as
scheduled by the Advisor. The Municipality shall inspect the extermination work and review
and approve the payment for such services. The applicant shall also approve extermination
work requested for payment.
The Municipality shall pay for the completed extermination work that is contained in the
contract for exterminating services as approved by HCD, and request HCD for reimbursement
of such costs. The County shall reimburse the Municipality for such costs as provided in this
Agreement.
In connection with the extermination services that are requested for payment, the Municipality
shall provide the following:
- A copy of the executed contract for exterminating services.
- A copy of the company's invoice approved by the Municipality and the applicant.
- A copy of the check tendered in payment by the Municipality.
H10. TEMPORARY RELOCATION POLICY:
The Municipality shall not cause the permanent dislocation of any persons as a result of
implementing the Rehabilitation Program. The parties to this Agreement recognize that the
rehabilitation process may in some instances require the temporary relocation of the applicant
and the applicant's household members due to activities such as lead-based paint abatement
or during extermination of wood destroying organisms. Accordingly, the Municipality hereby
adopts the below Temporary Relocation Assistance Policy and obligates itself to making the
payments associated therewith.
Temporary Relocation Assistance Policy: Should in the course of rehabilitation activities
undertaken under the Rehabilitation Program envisioned by this Agreement, the necessity
arise to temporarily relocate the members of the household where rehabilitation is being
performed (while lead-based paint abatement is taking place, or during extermination of wood
destroying organisms, for example), then the Municipality shall pay for the cost of
accommodations (hotel/motel) incurred while temporarily housing such household members
away from the home being rehabilitated. The Municipality shall endeavor to minimize the cost
of such accommodations while arranging for accommodations that are as close to the home
being rehabilitated as possible, for the least number of nights possible, and while minimizing
disruption to the family (that is, maintaining proximity to day care, schools, or work).
The Municipality shall pay the business provider of such temporary housing the cost of such
temporary relocation from the budget established for such purpose in this Agreement, after
having procured such services in accord with this Agreement. The County shall reimburse the
Municipality for temporary relocation payments in connection with this Agreement up to the
amount in the allocated budget.
Page 25 of 36
City of Boynton Beach
The Municipality shall not secure any such temporary relocation payments by the mortgage
given by the applicant under the Rehabilitation Program. Nothing herein shall preclude the
applicant from voluntarily temporarily relocating to a location of the applicant's choice (such as
with friends or family) while Rehabilitation Program activities are underway without seeking
payment from the Municipality.
H11. PROJECT CLOSEOUT:
After all project contracts, invoices, and expenses have been paid, the Municipality shall
prepare and submit to HCD, along with the entire applicant file compiled to date, a closeout
statement which shall show all allocated funds, and an itemized listing of all payments made
on behalf of the applicant, and all undisbursed funds and their disposition. Funds that have
been secured by the mortgage and that have not been expended shall be credited by the
Municipality to the applicant as a principal reduction of the loan. The closeout statement, shall
be prepared and signed by the Advisor, and shall be placed in the applicant file with a copy
provided to the applicant.
I. THE RIEPLACEMENT PROGRAM
J. OTHER RELATED MATTERS;
(a) REHABILITATION PROGRAM DOCUMENTS: Prior to the Municipality's use of any
documents listed below in connection with this Agreement, the Municipality shall submit
the following to HCD for approval: Lead-Based Paint Notice of Evaluation And/Or
Presumption, Lead-based Paint Notice of Hazard Reduction Activity, bid documents
and solicitation documents for all services, construction contract, notice of
commencement, release of liens, warranty, extermination contract, mortgage.
promissory note, notice of future advance, and affidavits. The Municipality shall use
the above documents as approved by HCD in connection with this Agreement. After
the execution of this Agreement, the Municipality agrees to submit, in like manner, any
other Rehabilitation Program documents requested of it by HCD for review and
approval.
(b) REPLACEMENT PROGRAM DOCUMENTS; Prior to the Municipality's use of any
documents listed below in connection with this Agreement, the Municipality shall submit
the following to HCD for approval:......................
(c) DATE VALIDITY OF DOCUMENTS (for the Rehabilitation Program and the
Replacement Program): The below identified documents contained in applicant files
at the time of funding approval by HCD shall be no more than six months old:
- Income verifications and income affidavits.
- Verification of real estate and mortgage liabilities.
- Evidence of owner's funding.
Note: Construction and extermination contractor's bid proposal validity date may be
voluntarily extended by a letter from the contractor, and if not voluntarily extended by
the contractor, the Municipality shall procure such services again through the bid
process.
(c) ADDITIONAL FUNDING (for the Rehabilitation Program and the Replacement
Program): The Municipality may request additional funding in excess of amounts
approved by HCD for a project (such as for change orders), provided that the sum of
additional funding and original project funding does not exceed the funding limit per
applicant established in this Agreement. In its request, the Municipality shall identify
the purpose of the additional funds and provide a detailed accounting of the items to
be funded.
In the instance where such sum would exceed the funding limit per applicant
established in this Agreement, the applicant shall be given the opportunity to make up
any funding shortfall, and if not made up by the applicant, the Municipality may request
HCD for a waiver allowing the sum to exceed such limit. The approval of waivers, if
recommended by HCD, shall be made by means of an amendment to this Agreement
to be executed by the parties with the same formality as this Agreement. Waivers may
be considered in connection with the need for additional funds arising from unforeseen
conditions related to the construction rehabiiitation at the property, or in connection with
any other needs deemed appropriate by HCD and otherwise regarded as eligible
program costs as identified herein.
Page 26 of 36
City of Boynton Beach
All additional funds, not included in the mortgage and promissory note, and provided
after the mortgage and promissory note have been executed, shall be secured by
means of a notice of future advance and promissory note, before such funds are
expended. The notice of future advance and a copy of the promissory note shall be
promptly recorded by the Municipality in the public records of Palm Beach County.
(d) TERMINATION OF FUNDING (for the Rehabilitation Program and the Replacement
Program): The Municipality shall take steps to terminate funding and accelerate loan
repayment during the rehabilitation process if:
_ The applicant refuses or fails to allow the construction work to commence within thirty
(30) days from construction contract award.
- The applicant refuses or fails to allow completion of construction after
commencement.
_ The applicant refuses to authorize payments associated with the project which have
been deemed payable by HCD's Director.
_ An event of default occurs as specified in the mortgage or promissory note.
The Municipality shall give the applicant notice of such termination and/or acceleration,
as appropriate, with legal follow-up where necessary.
(e) SUBORDINATION OF MORTGAGE (for the Rehabilitation Program and the
Replacement Program): The Municipality shall establish a written policy for the future
subordination of mortgages taken in connection with this Agreement provided that such
policy aims at preserving homeownership, and provided that the execution of such
subordination preserves or enhances the encumbered property's value, and that the
execution of such subordination does not adversely affect the Municipality's financial
interest in the rehabilitated property. The provisions ofthis clause shall survive the
expiration of this Agreement.
(f) SATISFACTION OF MORTGAGE (forthe Rehabilitation Program and the Replacement
Program): The Municipality shall issue the applicant a satisfaction of mortgage when
the applicant has complied with all the terms and conditions contained in the mortgage
and promissory note. Upon issuance, the Municipality shall recorded the satisfaction
of mortgage in the public records of Palm Beach County and shall transmit the original
to the applicant. The original recorded satisfaction of mortgage document shall be
accompanied by the original mortgage and promissory note when transmitted to the
applicant. The provisions of this clause shall survive the expiration of this
Agreement.
(g) RETENTION OF APPLICANT FILES (for the Rehabilitation Program and the
Replacement Program): All applicant files (files for completed projects, files that are
incomplete, and files for rejected applications) shall be retained by the Municipality for
a period of five (5) years from the date of final closeout of the agreement between Palm
Beach County Board of County Commissioners and the State of Florida for the 2005
Disaster Recovery Initiative Program, or the statutory required period (F.S. Chapter
119), whichever is longer. The provisions of this clause shall survive the
expiration of this Agreement.
K. SECTION 3 REQUIREMENTS:
The Municipality agrees to comply with all Section 3 requirements applicable to contracts
funded through this Agreement. Information on Section 3 is available at HCD upon request.
The Municipality shall include the following, referred to as the Section 3 Clause, in every
solicitation and every contract for every Section 3 covered project:
Section 3 Clause
(a) The work to be performed under this contract is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968, as amended, 12 U. S.C. 170 1 u
(Section 3). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD-assisted projects
covered by Section 3 shall, to the greatest extent feasible, be directed to low-and very
low-income persons, particularly persons who are recipients of HUD assistance for
housing.
(b) The parties to this contract agree to comply with HUD's requirements in 24 CFR Part
135, which implement Section 3. As evidenced by their execution of this contract, the
parties to this contract certify that they are under no contractual or other impediment
that would prevent them from complying with the Part 135 regulations.
Page 27 of 36
City of Boynton Beach
(c) The contractor agrees to send to each labor organization or representative of workers
with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers
representative ofthe contractor's commitment under this Section 3 clause, and will post
copies of the notice in conspicuous places at the work site where both employees and
applicants for training and employment positions can see the notice. The notice shall
describe the Section 3 preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications
for each; and the name and location of the person(s) taking applications for each of the
positions; and the anticipated date the work shall begin.
(d) The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action,
as provided in an applicable provision of the subcontract or in this Section 3 clause,
upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part
135. The contractor will not subcontract with any subcontractor where the contractor
has notice or knowledge that the subcontractor has been found in violation of the
regulations in 24 CFR Part 135.
(e) The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR
Part 135 require employment opportunities to be directed, were not filled to circumvent
the contractor's obligations under 24 CFR Part 135.
(f) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
L. REPORTS:
The Municipality shall submit to HCD detailed monthly and semi-annual reports as described
below:
(a) MONTHLY REPORT: The Municipality shall submit to HCD detailed monthly progress
reports in the form provided as Exhibit D to this Agreement. Each report must account
for the total activity for which the Municipality is funded under this Agreement. The
progress reports shall be used by HCD to assess the Municipality's progress in
implementing the project.
(b) SEMI-ANNUAL REPORT: The Municipality shall submit to HCD detailed semi-annual
reports in the from provided as Exhibit E to this Agreement. During the term of this
Agreement, the Municipality shall each 31" day of March submit such report for the
prior six month period beginning on the preceding 1" day of October, and ending on
said 31" day of March. In addition. during the term of this Agreement, the Municipality
shall each 30th day of September submit such report for the prior six month period
beginning on the preceding 1" day of April, and ending on said 30th day of September.
(c) CLOSEOUT REPORTS: After the completion of all activities funded under this
Agreement, the Municipality shall submit to HCD the closeout reports identified as the
Housing Benefit Report and the Beneficiary Data Report in the from provided as
Exhibits F and G to this Agreement.
(d) OTHER REPORTS: The Municipality agrees to submit to HCD any other reports
required by the State in connection with activities undertaken through this Agreement
including, but not limited to, reports associated with Section 3.
The Municipality further agrees that HCD, in consultation with any parties it deems necessary,
shall be the final arbiter on the Municipality's compliance with the above.
Page 28 of 36
City of Boynton Beach
II. THE COUNTY AGREES TO:
A. Provide funding for the above specified activities during the term ofthis Agreement, as follows:
(a) An amount of $1 ,074,000: For payment of rehabilitation construction costs and related
expenses regarded as eligible under this Agreement (including lead-based paint
expenditures such as the cost of inspections and risk assessments, abatement, and
clearance testing).
(b) An amount of $465',000: For payment of
(c) An amount of $8,000: For temporary relocation costs to temporarily relocate the
members of the household where rehabilitation or replacement is being performed.
These costs shall include the cost of accommodations (hotel/motel) incurred while
temporarily housing such household members away from the home being rehabilitated.
(d) An amount of $82,170: For the costs of the Municipality's employees to provide the
services of an Inspector(s), and/or an Advisor(s) to carry out the tasks described in this
Agreement. Specifically, the Municipality' positions that fulfil the duties of an Inspector
and an Advisor as described herein are: Construction Coordinator, Affordable Housing
Administrator, and Administrative Secretary.
B. Provide project administration and inspection to the Municipality to ensure compliance with
U.S. HUD and the Department of Labor, and applicable State, Federal and County laws and
regulations.
C. Monitor the Municipality at any time during the term of this Agreement. Visits may be
announced or unannounced as determined by HCD and will serve to ensure compliance with
State and U.S. Department of HUD regulations, that planned activities are conducted in a
timely manner, and to verify the accuracy of reporting to HCD on program activities.
D. The County shall perform an environmental review of each project, and review and approve
all aspects and expenditures of each project as specified herein. The County shall also
perform Davis Bacon Act Labor Standards monitoring and enforcement. Environmental review
costs incurred by the County may be charged to the project budget identified above.
Page 29 of 36
City of Boynton Beach
EXHIBIT B
AUTHORIZATION TO RELEASE CONFIDENTIAL INFORMATION
I, the undersigned, authorize the Federal Emergency Management Agency (FEMA), the State of
Florida, and appropriate agencies of the State of Florida responsible for providing disaster assistance
to release information relating to my eligibility for monetary or other forms of assistance arising from
the major disasters declared: Hurricanes Katrina FEMA-DR-1602-FL (dated August 28,2005), and/or
Wilma FEMA-DR-1609-FL (dated October 24,2005) to those agencies that provide disaster-related
assistance. This authorization permits the release of information that is deemed confidential under
Federal and State Privacy Acts.
This authorization is given to obtain and/or provide assistance I need as a result of the prior referenced
federal disaster(s) to insure that benefits are not duplicated. It includes the sharing of information
about my applicatiOon in FEMA's possession or under FEMA's control.
This authorization includes only information necessary to allow the appropriate agency or
organizations to determine if I am eligible for assistance from that agency or organization. This
information is not to be used for any other purpose.
I also understand and acknowledge that signing this does not guarantee that I will get assistance from
Voluntary Agencies and/or appropriate Federal and State agencies. However, without my permission,
my information cannot be shared with other agencies or organizations for consideration. I understand
that I will still receive all FEMA assistance for which I am eligible.
This Authorization is submitted pursuant to 28 U.S.C. ~ 1746 under penalty of perjury.
OPTIONAL - I choose to exclude the following agencies from access to this information:
I understand that it is my choice to sign this Release:
Name (Printed) Date
Signature
Pre-Disaster Address:
Current Address:
Phone or Message #: FEMA Registration #:
(Updated 02/05/2006)
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Page 30 of 36
City of Boynton Beach
EXHIBIT C
ENVIRONMENTAL.rlIMEWCHECKl:iI&TIlEaUEST
DATE:
TO: Elena Escovar, Manager, Planning Section
Housing and Community Development
FROM:Name
City of Boynton Beach
RE: 2005 Disaster Recovery Initiative Program
Environmental Review Checklist Request
This is to request an Environmental Review checklist for the below identified rehabilitation project
under the 2005 Disaster Recovery Initiative Program:
Property Owner(s):
Property Address:
Property Control No:
Property is: [Xl Owner occupied [ 1 Tenant occupied
Number of Units: I Year Built: I (See below)
Attachment: Attach one front view photo and one side view photo of each structure mounted on a
Photographic Survey form.
If the property was built more than 50 years ago: Complete the Rehabilitation Justification and
Historical Background Information below.
REHABILITATION JUSTIFICATION
AND
HISTORICAL BACKGROUND INFORMATION
For structures built more than 50 years ago;
1. Provide a detailed justification for the rehabilitation of the above stated property. The
information/documentation should describe the current condition/deterioration of the structure, and
include both interior and exterior photographs:
2. Provide information on any historical events or individuals known to be associated with the above
stated property:
3. Provide information on the immediate surroundings of the above stated property. Is the property
located next to a potential historic district? Provide photographs of the surrounding lots and/or
buildings;
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Page 31 of 36
City of Boynton Beach
PALM BEACH COUNTY HOUSING & COMMUNITY DEVELOPMENT
PHOTOGRAPHIC SURVEY
PROPERTY OWNER:
PROPERTY ADDRESS:
PHOTO DATE:
FRONT VIEW
SIDE VIEW
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Page 32 of 36
City of Boynton Beach
EXHIBIT 0
PALM BEACH COUNTY HOUSING & COMMUNITY DEVELOPMENT
MONTHLY NARRATIVE REPORT
Report For: Month: Year:
Subrecipient Name: City of Boynton Beach
Project Name: 2005 DRI Housing Rehabilitation/Replacement
Report Prepared By:
Name Signature Date
BUDGETING AND EXPENDITURES
Amounts Expended this Reporting Period: CDBG Funds:$ Other Funds;$
Amounts Exoended to Date:
/ / / / / / / / // / / // / / / / / / / / // / / / / / / / / / / / / / / / / / / / / / / BUDGETED EXPENDED PERCENTAGE
CDBG Funds: $ $ %
Other Funds: $ $ %
Other Funds: $ $ %
TOTAL: $ $ %
Describe any changes in budgeted amounts during this reporting period and the source of funds:
Describe your efforts to obtain any additional funds for the project during this reporting period (if your
project is underfunded):
PROJECT ACTIVITIES
Describe your accomplishments during the reporting period:
Describe any problems encountered during this reporting periOd:
Other comments:
Send report to: Amin Haury
Department fo Housing and Community Development
100 Australian Avenue, Suite 500, West Palm Beach, FL 33406
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Page 33 of 36
City of Boynton Beach
EXHIBIT E
PALM BEACH COUNTY HOUSING & COMMUNITY DEVELOPMENT
CONTRACTUAL OBLIGATIONS AND MBE REPORT
Project Name: City of Boynton Beach - 2005 DRI Housing Rehabilitation/Replacement Report Date: I Page of _ Pages
Report Period: [ ] October 1, 200 , to March 31, 200 . [ ] April 1, 200 , to September 30, 200 Prepared By:
(1) Contractor/Subcontractor name and address (2) (3) (4) (5) (6) (7)
(fillln for each contractOf or subcontractor) Prime Contractor Subcontractor Contract Period Amount of Type of Contractor or Procurement Compliance Checklist
Include all professional services such as consultants, engineers, Employer Identification E:rnployer Contract or Trade Subcontractor
architects, etc. that are funded under the agreement for this project Number" Identification (a) (b) SubcOntract {1 thru3} RaciallEthnic (B) (9) (10) (11) (12)
All contractors and subcontractors (wTth contracts over $10,000) that are Number'" Start Eod Code Section 3 WBE Small Davis Type of
paid with CDSG funds must be included. Date Date (see below) (1 thru 7) (yes or no) (yes or no) Business Bacon Procurement
Do not list previously reported information, (see below) (see below) (yes or no) (yes or no) (see below)
Name:
Street:
City:
State& Zip Code:
-0 Name:
III Street:
cc
CD City:
w
w State& Zip Code:
0
..... Name:
w
w Street:
City:
State& Zip Code:
Name:
Street:
City:
State& Zip Code:
Name:
Street:
City:
State& Zip Code:
(3) When subcontractor employer identification number is used, (6) Type of Trade Codes' (7) RaciallEthnic Code: (12) Type of Procurement Code:
information in columns 4 through 11 must reflect the subcontractor 1 = New construction (including rehab, water, and sewer) 1 = White American 5 = AsianfPacific Amencan CB = Competi1ive Bid
inform3Uon, 00\ \he prime contractor's information, also include the 2 = Education!Training 2 = Black American 6 = Hasidic Jews E = Emergency Purchase
prime contractor's employer identification number 3 = Other (including supply, professional services and other activities 3 = Native American 7 = Other CN = Competitive Negotiation
except construction and educa1ionttraining) 4 = Hispanic American NC = Non-Competitive Negotiation
~ Employer identification number or social security number (9) WBE = Women Business Enterprise SP = Small Purchase
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City of Boynton Beach
EXHIBIT F
PALM BEACH COUNTY HOUSING & COMMUNITY DEVELOPMENT
HOUSING BENEFIT REPORT
Project City of Boynton Beach Prepared Report Page _ of _ Pages
Name: 2005 DRI Housing Rehabilitation/Replacement By: Date:
Unit Brought into
Name of Street Address Total Cost of TotalDRI Date Rehab Replace- No. of Unit Made Unit Qualified Compliance with
Name of Owner Occupant (street. city, zip) Rhab or Funds Completed (Y es/No) ment Bedrooms Handicapped as "energy Lead Safety
(If replacement. new address) Replacement Invested (Yes/No) Accessible star" Requirements
(Y es/No) (Yes/No) (Yes/No)
same $ $
same $ $
-u same $ $
III
co
CD
'-' same $ $
'-'
0
-
'-' same $ $
'-'
same $ $
same $ $
same $ $
same $ $
same $ $
same $ $
same $ $
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City of Boynton Beach
EXHIBIT G
PALM BEACH COUNTY HOUSING & COMMUNITY DEVELOPMENT
BENEFICIARY DATA REPORT
Project Name: City of Boynton Beach - 2005 DRI Housing RehabilitationlReplacement
Prepared By: I Report Date: I
111111111111111111111111111111111111111111111111 Number
Total Beneficiaries: Proposed
Total Beneficiaries: Actual
LM I Beneficiaries: Proposed
(80% af AMI or less)
LMI Beneficiaries: Actual
(80% of AMI or less)
VLI Beneficiaries: Proposed
(50% of AMI or less)
VLI Beneficiaries; Actual
(50% of AMI or less)
Male
Female
Disabled
Female Head of Household
Elderly
Hispanic Ethnicity
No. of Units No. of Units
111111111111111111111111111111111111111111111111 Owner Renter
Occupied Occupied
White NIA
African American NIA
Asian NIA
American Indian or NIA
Alaskan Native
Native Hawaiian NIA
Pacific Islander
American Indian or NIA
Alaskan Native and White
Asian and White NIA
African American and White NIA
American IndianlAlaskan NIA
Native and African American
Other Multi-racial NIA
Total: NIA
(same as Total Beneficiaries: Actual
shown above)
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Page 36 of 36
The City ol 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@bbfi.us
www.boynton-beach.org
MEMORANDUM
TO: Debbie Reamsnyder
FROM: Janet M. Prainito, CMC
City Clerk
DATE: October 27, 2009
SUBJECT: R09-159 Agreement between Palm Beach County and City of
Boynton Beach
Attached for your handling is the original agreement mentioned above and a certified
copy of the Resolution. Once the document has been executed, please return the
original document to the City Clerk's Office for further processing.
Thank you.
8~..b '-m. p~
Attachments (2)
C: Central File
S:\CC\WP\AfTER COMMISSION\Departmental Transmittals\2009\0ebbIe Reamsnyder R09-159.doc
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