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