R10-086
II
I RESOLUTION RIO-OK{p
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, APPROVING AN AMENDMENT
5 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF
6 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY
7 REDEVELOPMENT AGENCY WHICH SPELLS OUT THE
8 OBLIGATIONS OF THE PARTIES AND THE TIMELINES THAT
9 MUST BE MET IN ORDER TO COMPLY WITH THE
10 REQUIREMENTS OF THE NEIGHBORHOOD STABILIZATION
II PROGRAM; AUTHORIZING EXECUTION OF BOTH BY THE
12 MAYOR AND CITY CLERK; AND PROVIDING AN EFFECTIVE
13 DATE.
14
15
16 WHEREAS, on May 18, 2010 the City Commission approved Resolution RlO-059
17 amending the City of Boynton Beach's Community Development Block Grant (CDBG)
18 Substantial Plan Amendment, approving an Interlocal Agreement between the City of
19 Boynton beach and the Boynton Beach Community Redevelopment Agency; and
20 WHEREAS, $400,000 was set aside for the Community Redevelopment Agency to
21 provide a subsidy to leverage funds for first time home buyers in the project known as Ocean
22 Breeze; and
23 WHEREAS, The Boynton Beach CRA now proposes to use the NSP funds to provide
24 a project subsidy for the eligible families through the development of infrastructure
25 improvements such as roads, sidewalks, platting, underground utilities, and lighting in support
26 of the construction of 20 single family houses on the site; and
27 WHEREAS, In order to ensure compliance with the NSP obligation deadlines and
28 avoid loss of the NSP funding and associated benefits to Boynton Beach residents, the CRA
29 must develop a site plan and infrastructure contractor prior to August 30, 2010; and
S:\CA\RESO\AgreementS.Reso - amendment to ILA with CRA for NSP.doc
II
WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
2 interest of the citizens and residents of the City to approve the amendment to the Interlocal
3 Agreement between the City of Boynton Beach and the Boynton Beach Community
4 Redevelopment Agency.
5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
7
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
8 being true and correct and are hereby made a specific part of this Resolution upon adoption
9 hereof.
10 Section 2. The City Commission does hereby approve of the amendment Interlocal
11 Agreement between the City of Boynton Beach and the Boynton Beach Community
12 Redevelopment Agency, a copy of which is attached hereto as Exhibit "A".
13 Section 3. The City Commission does hereby authorize the Mayor and City Clerk
14 to execute the amendment to the Interlocal Agreement between the City of Boynton Beach
15 and the Boynton Beach Community Redevelopment Agency.
16 Section 4. This Resolution will become effective immediately upon passage.
17
18
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
S:\CA\RESO\AgreementS.Reso - amendment to ILA with CRA for NSP.doc
2
II
1
2
3
PASSED AND ADOPTED this ~~ay of July, 2010.
I
4 I I
5
6
7
8
9
10
11
12
13
14
15
16
17 ATTEST:
18
19
20
21
22
23
24
25
26
BOYNTON BEACH, FLORIDA
S:\CA\RESO\AgreementS.Reso - amendment to ILA with CRA for NSP.doc
3
g ID - oS Co
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
THIS AGREEMENT, entered into this J,{)-tIJ day of Ju/Z ,2010, by and between
the City of Boynton Beach, a political subdivision of the State of Fl rida, for the use and benefit of Its
NEIGHBORHOOD ST ABILIZA TION PROGRAM and the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY (CRA) , a Florida public body corporate and politic created pursuant to
Part III of Chapter 163, Section 356, Florida Statutes having its principal office at 915 S. Federal
Highway, Boynton Beach, Florida 33435 and its Federal Tax Identification Number as
Whereas, The City of Boynton Beach has entered into an agreement with the United States
Department of Housing and Urban Development for a grant for the execution and implementation of a
NEIGHBORHOOD ST ABILIZA TION PROGRAM in certain areas of the City of Boynton Beach,
pursuant to Title I of the Housing and Community Development Act of 1974, (as amended);
And
Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of
Boynton Beach and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY desire to
provide the activities specified in Part II of this contract;
And
Whereas, the City of Boynton Beach desires to engage the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY to implement such undertakings of the NEIGHBORHOOD
ST ABILIZA TION PROGRAM (NSP 1). Now, therefore, in consideration of the mutual premises and
covenants herein contained, it is agreed as follows:
PART I
DEFINITION AND PURPOSE
A. Definitions:
1) "City" means City of Boynton Beach
2) "CDBG" means the City's Community Development Block Grant program
3) "CID" means the City's Community Improvement Division
S:\CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA clean.doc 1
Last saved by swansonl
6/23/2010535:57 PM, 6/22/201011:5] AM, 6/22/20104:27 PM
4) "The Agency" means the BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY
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 C herewith.
6) "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.
7) "SUBRECIPIENT" means t the Boynton Beach Community Redevelopment Agency
and is synonymous "Agency" as that term is used herein and which has been approved
to participate in the Neighborhood Stabilization Program as designated in Section V of
the Policy Guidelines attached as Exhibit C.
8) "NSP" means Title III of Division B of the Housing and Economic Recovery Act of
2008 for the purpose of assisting in the redevelopment of abandoned and foreclosed
homes referred to as the Neighborhood Stabilization Program.
9) "NSP Home" means an abandoned or foreclosed home, condominium or townhome
purchased with Neighborhood Stabilization Program funds.
10) "Subsidy" means the amount of NSP funds that are used by the CITY to make the
NSP Home affordable to an Eligible Family.
11) "CDBG Regulations" means Code of Federal Regulations at 24 CFR 570.
12) "Low and Moderate-Income" means those who fall within the income range set by
HUD for participating in the NSP program. The HUD income range is contained in
Exhibit D which is attached hereto and made a part thereof.
13) "CID Approval" means the written approval of the Director of Development or
designee after a request or a report has been properly processed in accordance with the
CID Policies Procedures
14) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development
or a person authorized to act on U. S. HUD behalf
S:\CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA c1ean.doc 2
Last saved by swanson I
6/23/20105:35:57 PM, 6/22/201011 :51 AM, 6/22/20104:27 PM
B. Purpose:
The purpose of this Agreement is to state the covenants and conditions under which the Agency will
implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project
funded under this Agreement must constitute a majority (51 %) of low- and moderate-income persons.
P ART II
SCOPE OF SERVICES
The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks
necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit
"A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and
made a part hereof.
PART III
COMPENSA TION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF
PAYMENT
A. Maximum Compensation
The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement
the actual amount of budgeted, eligible, and Director of Development or designee-approved
expenditures and encumbrances made by the Agency under this Agreement. Said service shall be
performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to
be paid hereunder exceed the maximum and total authorized sum of $400,000.00 for the period of July
15,2010 through September 30,2012.
Further budget changes within the designated contract amount can be approved in writing by the
Director of Development or designee at their discretion up to twenty percent on a cumulative basis of
the contract amount during the contract period.
Such requests for changes must be made in writing by the Agency to the Community Improvement
Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the
City of Boynton Beach.
S:\CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA c1ean.doc 3
Last saved by swansonl
6/23/20105:35:57 PM, 6/22/2010 ] 1 :51 AM, 6/22/20]04:27 PM
B. Time of Performance
The effective date of this Agreement and all rights and duties designated hereunder are contingent upon
the timely release of funds for this project in u.s. HUD Community Development Block Grant No. B-09-
MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of
funds by U.S. HUD, whichever is later.
The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to
Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services, with the exception of NSP obligation requirements, required
hereunder shall be completed by the Agency by September 30, 2012.
C. Method of Payment
The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs
permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to
the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or
reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to
CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment
shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices
and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts,
or other evidence of indebtedness shall be considered proper documentation. In the case of direct
payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted
in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be
received if any additional funds are to be disbursed.
When original documents cannot be presented, the Agency must adequately justify their absence, in
writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach
Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any
invoices be honored that predate the commencement date of this agreement.
S:\CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA c1ean.doc 4
Last saved by swanson I
6/23/20]05:35:57 PM, 6/22/2010 11:5] AM, 6/22/20104:27 PM
D. Conditions on which Payment is contingent:
1) Implementation of Project According to Required Procedures
The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws,
ordinances and codes and with the procedures outlined in the CID Policies, and amendments and
additions thereto as may be made from time to time. The Agency is considered a subrecipient under the
NSP guidelines and is therefore subject to applicable requirements. The agreement shall be implemented
in accordance with NSP program guidelines including, but not limited to statutory obligation and
expenditure deadlines, eligible uses and costs, and National Objective compliance requirements. The
Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more
restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made
without evidence of appropriate insurance required by this Agreement on file with CID in accordance
with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel
policies are approved by the Director of Development Services or his designee CID Manager. No
payments for multi-funded projects will be made until a cost allocation plan has been approved by the
CID Manager or his designee and placed on file with CID. Should a project receive additional funding
after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days
of their notification by the funding source and submit an approved cost allocation plan within forty-five
(45) days of said official notification.
2) Financial Accountability
The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by
an independent auditing firm employed by the City or by the City Internal Audit Department at any time
the City deems necessary to determine the capability of the Agency to fiscally manage the project in
accordance with Federal, State, and City requirements.
S:\CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA clean.doc 5
Last saved by swanson I
6/23/20105:35:57 PM, 6/22/2010 ] 1 :51 AM, 6/22/20]04:27 PM
3) Subcontracts
Any work or services subcontracted hereunder shall be specifically by written contract, written
agreement, or purchase order and shall be subject to each provision of this Agreement. Proper
documentation in accordance with City, State, and Federal guidelines and regulations must be submitted
by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition,
all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or
services covered by this Agreement, including but not limited to consultant work or services, shall be
subcontracted or reimbursed without the prior written approval of the CID Manager or his designee.
4) Purchasing
All purchasing for services and goods, including capital equipment, shall be made by purchase order or by
a written contract and in conformity with the procedures prescribed by the City of Boynton Beach
Purchasing Procedures Manual, Federal Management Circulars A-I10 and A-122, incorporated herein by
reference. The procurement of services funded by NSP funds shall be subject to the requirements of
federal regulations at 24 CFR Part 85.
5) Reports, Audits, and Evaluations
Payment will be contingent on the receipt and approval of reports required by this agreement, the
satisfactory evaluation of the project by CID and the City and satisfactory audits by the Finance
Department of the City and Federal Government if required. All reports (monthly and/or quarterly) will
be due within the time prescribed by this Agreement and the attachments hereto following the execution
of this Agreement.
6) Additional CID, CITY and U.S. HUD Requirements
CID shall have the right under this Agreement to suspend or terminate payments until the Agency
complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time.
S:\CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA clean. doc 6
Last saved by swansonl
6/23/2010535:57 PM, 6/22/2010] 1:51 AM, 6/22/20104:27 PM
7) Prior Written Approvals - Summary
The following includes, but is not limited to, activities that require the prior written approval of the CID
Manager or his designee to be eligible for reimbursement or payment:
a) All subcontracts and agreements pursuant to this Agreement;
b) All capital equipment expenditures of $1 ,000 or more;
c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida
Statutes, Chapter 112.061);
d) All change orders; and
e) Requests to utilize uncommitted funds after the expiration of this agreement for programs
described in Exhibit A.
8) Program Generated Income
All income earned by the Agency from activities financed in whole or in part by NSP funds must be
reported to CID. Such income would include, but not be limited to income from service fees, sale of
commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to
CID the procedure developed to utilize program income to offset project costs. If program income is used
to extend the availability of services provided by the Agency through this Agreement, the prior written
approval of the Director of Development or his designee will be required. Accounting and disbursement
of program income shall be consistent with the procedures outlined in OMB Circulars A-II 0, and other
applicable regulations incorporated herein by reference.
9) Salary Rates and Increases
All rates of pay and pay increases paid out of NSP funds, whether they be for the reason of merit or cost
of living increase, are subject to CID's prior approval. Pay rates and increases paid out of NSP funds
shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior
established guidelines.
S:\CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA c1ean.doc 7
Last saved by swanson I
6/23/20]05:35:57 PM, 6/22/2010 11 :51 AM, 6/22/20104:27 PM
PART IV
GENERAL CONDITIONS
A. Opportunities for Residents and Civil Rights Compliance
The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability,
national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under
any activity carried out by the performance of this Agreement. Upon receipt of evidence of such
discrimination, the City shall have the right to terminate this Agreement.
To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for
training and employment; and to the greatest feasible extent eligible business concerns located in or
owned in substantial part by persons residing in the project areas shall be awarded contracts in connection
with the project.
B. Opportunities for Small, and Minority/Women Owned Business Enterprises
In the procurement of supplies, equipment, construction, or services to implement this Agreement, the
Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as
sources of supplies and services, and provide these enterprises the maximum feasible opportunity to
compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these
small and minority/women-owned business enterprises shall be located in or owned by residents of the
NSP areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S.
HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and
Community Development Act of 1968.
C. Proiect Beneficiaries
100% of the houses to be built as a result of the project shall be made available for sale to low- and
moderate-income persons at or below 120% of the area median. Since the project is located in an
entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted
through the use of funds under this Agreement must reside in the City of Boynton Beach.
The project funded under this agreement shall assist beneficiaries as defined above for the time period
designated in Exhibit "A" ofthis Agreement. The Agency shall maintain documentation in its files
S:\CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA c1ean.doc 8
Last saved by swanson I
6/23/20]05:35:57 PM, 6/22/201011:51 AM, 6/22/20104:27 PM
demonstrating that it has met the above requirement and shall provide written verification of compliance
to CID upon CID' s request.
D. Evaluation and Monitoring
The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined
necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory
evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of
planned versus actual progress relating to project scheduling, budgets, audit reports and output measures.
The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or
transcriptions of such records and information in connection with services to be provided hereunder. The
Agency shall submit on a monthly and/or quarterly basis, and at other times upon the request of CID,
information and status reports required by CID, the City, or u.s. HUD on forms approved by CID.
Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be
required. This information will include: (1) detailed information on the status of the project(s) and status
of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income
persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this
Agreement should provide funds for capital improvements projects, the Agency shall be responsible for
providing all necessary and pertinent information to CID in order to allow for completion of Grantee
Performance Reports. However, this exception shall apply only to capital improvements activities.
E. Audits and Inspections
At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller
General of the United States may deem necessary, there shall be made available by the Agency to CID,
the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters
covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller
General to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions
of employment and other data relating to all matters covered by this Agreement.
Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or
program specific audit conducted in accordance with OMB A-I33. Nonprofit organizations expending
S.\CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA clean. doc 9
Last saved by swanson I
6/23/20105:35:57 PM, 6/22/201011:51 AM, 6/22/20]04:27 PM
federal awards of $500,000 or more under only one federal program may elect to have a program specific
audit performed audit performed, in accordance with OMB A-I33.
Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from
an audit conducted in accordance with OMB A-I33, although their records must be available for review.
These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits).
They may choose instead of a reduced scope audit to have a program audit conducted for each federal
award in accordance with federal laws and regulations governing the programs in which they participate.
Records must be available for review or audit by appropriate officials of the General Accounting Office
and other Federal and city agencies.
The City will require when applicable, in accordance with OMB Circulars A-II0, A-B3 and other
applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's
choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement.
The cost of said audit should be borne by the Agency. The City will be responsible for providing
technical assistance to the Agency, as deemed necessary by either party.
F. Data Becomes City Property
All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared,
assembled or completed by the Agency for the purpose of this Agreement shall become the property of
the City without restriction, reservation or limitation of their use and shall be made available by the
Agency at any time upon request by the City or CID. Upon completion of all work contemplated under
this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to
CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after
expiration of this Agreement.
G. Indemnification and Insurance
The Agency recognizes that for the purposes set forth in this Agreement, it is an independent Contractor
and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save
the City harmless from any and all claims, losses, damages and causes of actions which may arise out of
S:\CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA c1ean.doc 10
Last saved by swanson I
6/23/20105:3557 PM, 6/22/2010] 1 :51 AM, 6/22/20]04:27 PM
the performance of this Agreement, including costs and expenses for or on account of any or all suits
actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection
therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and
shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless
and will indemnify the City for funds which the City is obligated to refund the Federal Government
arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid
indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest
extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful
misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits
set forth in 768.28, Florida Statutes, be waived.
At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive
General Liability Insurance, including coverage for personal injury, bodily injury, property damage and
contractual liability to support the indemnification agreement contained herein. Such insurance shall be
in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a
Certificate of Insurance, which must also provide documentation or workers compensation for your
employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non-
renewal, or any adverse change in coverage.
H. Maintenance of Effort
The intent and purpose of this Agreement is to increase the availability of the Agency's services. This
Agreement is supplemental to and not to substitute for or replace existing or planned projects or activities
of the Agency. The Agency agrees, subject to availability of funds, to maintain a level of activities and
expenditures, planned or existing, for projects similar to those being assisted under this Agreement which
is not less than that level existing prior to this Agreement.
I. Conflict of Interest
The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-II 0
pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein.
The agency further covenants that no person who presently exercises any functions or responsibilities in
connection with the NSP Project, has any personal financial interest, direct or indirect, in the activities
provided under this agreement which would conflict in any manner or degree with the performance of this
S:\CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA clean. doc 11
Last saved by swansonl
6/23/20105:35:57 PM, 6/22/2010] 1:5] AM, 6/22/2010 4:27 PM
Agreement and that no person having any conflict of interest shall be employed by or subcontracted by
the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be
disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner
so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for
employment of and participation of lower-income residents of the project target area.
J. Citizen Participation
Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures,
including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions
of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees
and Citizen Participation Structures upon the request of CID or the City.
K. Proiect Publicity
All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to
funding source. The Agency will include a reference to the financial support herein provided by City of
Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good
faith effort to recognize City's support for all activities made possible with fund available under this
agreement.
L. Contract Documents
The following documents are herein incorporated by reference and made part hereof, and shall constitute
and be referred to as the contract; and all of said documents taken as a whole constitute the contract
between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at
length herein:
I) This Agreement including its Exhibits
2) Office of Management and Budget Circulars A-I 10, A-122 and A-B3
3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age
Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964,
Age Discrimination the Americans With Disabilities Act of 1990
4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and
Section 109 of the Hosing and Community Development Act of 1974
S:\CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA clean.doc 12
Last saved by swanson I
6/23/20105:3557 PM, 6/22/201011:51 AM, 6/22/20104:27 PM
5) Executive Orders 11063,12259,12892, the Fair Housing Act of 1988 and Section 109 of
the Housing and Development Act of 1974
6) Florida Statutes, Chapter 112 and 768.28
7) City of Boynton Beach Purchasing Ordinance
8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as
amended
9) Federal Neighborhood Stabilization Program Regulations
10) The Agency's Personnel Policies and Job Descriptions
11 ) The enacting and implementing legislation which created the Agency
12) The Agency's Rules of Governance
13) The Agency's Certificate oflnsurance and Bonding
14) Current list of the Agency's Officers and members of Board of Directors
15) All of these documents are filed and will be maintained on file at the office of the Agency.
One (I) copy of the Agreement, its Exhibits and items 2 through 9 incorporated by
reference will be furnished to the Agency by CID. Items 10 through 14 above shall be
transmitted to CID by the Agency.
M. Termination
In the event of termination for any of the following all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the
Agency with NSP funds under this Agreement shall be returned to the City of Boynton Beach.
In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained
by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any
payment to the Agency until such time as the exact amount of damages due to the City from the Agency
is determined.
I) Termination for Cause
If through any cause the Agency shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Agency shall violate any of the covenants,
agreements, or stipulations of this Agreement, the City shall provide the Agency with written
notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30)
S:\CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA clean doc 13
Last saved by swansonl
6/23/20105:35:57 PM, 6/22/201011 :51 AM, 6/22/20104:27 PM
calendar days to remedy the failure or violation. In the event that the Agency does not remedy
the failure or violation, within the thirty (30) day calendar period, the City then has the right to
terminate this Agreement or suspend payment in whole or part by giving written notice to the
Agency of such termination or suspension of payment and specify the effective date thereof, at
least five (5) working days before the effective date of termination or suspension.
2) Termination for Convenience
At any time during the term of this Agreement, either party may, at its option and for any
reason, terminate this Agreement upon ten (10) working days written notice to the other party.
Upon termination, the City shall pay the Agency for services rendered pursuant to this
Agreement through and including the date of termination.
3) In the event the grant to the City under Title I of the Housing and Community Development
Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or
terminated effective on the date U.S. HUD specifies.
N. Reversion of Assets.
Upon expiration/termination of this Agreement, the Agency must transfer to the City any NSP Funds
on hand at the time of expiration/termination and any accounts receivable attributable to the use of
NSP funds.
O. National Obiective Compliance
In order to satisfy the NSP requirements, the Agency must satisfy the National Objective of
providing permanent residential structures that will be occupied by a household whose income is at or
below 120% of area median income (LMMH). All Units must be occupied by those meeting the low- and
moderate-income requirement.
The above National Objective must be satisfied by the Agency no later than September 30,
2012 and by the City no later than September 30,2013. If the National Objective is not met,
the NSP funding allocated under this Agreement must be repaid to the City by the Agency.
The Agency's September 30, 2012 deadline shall be extended to September 30,2013
provided the project is under construction and proceeding on a completion schedule to meet
the National Objective.
S:\CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA clean. doc 14
Last saved by swansonl
6/23/20]05:35:57 PM, 6/22/201011:51 AM, 6/22/20104:27 PM
P. Recapture of Funds
The City reserves the right to recapture funds in the event that the Agency shall fail: (i) to meet the to
comply with the terms of this Agreement including meeting a National Objective, or (ii) to accept
conditions imposed by the CITY at the direction of the federal, state and local agencies, or (iii) award
and enter into a contract with a contractor to provide the infrastructure to the housing project by August
11, 2010 and complete the work by September 30, 2012 unless extended to September 30, 2013 as
provided in Paragraph 0 above, or (iv) process and file Davis-Bacon disclosure documents required.
Q. 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.
R. Leveraging
The Agency agrees to seek additional supportive or replacement funding from at least two (2) other
funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds.
Proposals to other agencies will be made in writing and a copy of such provided to CID.
S. Amendments
The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State,
County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by
written amendment as part of this Agreement and shall be subject to approval by the City of Boynton
Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be
binding on either party unless in writing, approved by the City Commission and signed by both parties.
S:\CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA c1ean.doc 15
Last saved by swanson I
6/23/20]05:35:57 PM, 6/22/201011:51 AM, 6/22/20104:27 PM
T. Notice
All notice required to be given under this Agreement shall be sufficient when delivered to CID at its
office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered
to its office at the address listed on Page One of this Agreement.
U. Independent Contractor
Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this
Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton
Beach employees and are not subject to the City Provisions of the law applicable to City employees
relative to employment compensation and employee benefits.
V. Public Entity Crimes
As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance
hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately preceding the date hereof. F. S.
287. 133(3)(a) requires this notice.
W. Counterparts of This Agreement
This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be
executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts
will constitute one and the same instrument.
S:\CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA clean.doc 16
Last saved by swansonl
6/23/20105:35:57 PM, 6/22/2010 ] 1:5] AM, 6/22/20104:27 PM
WITNESS our Hands and Seals on the JD daYOf~,2010.
CITY OF BOYNTON BEACH, FLORIDA
BY:
ATTEST:
~
NET PRAINITO, MMC
ITY CLERK
[CORPORATE SEAL]
BOYNTON BEACH COMMUNITY
REDE~ AGENCY
By: -'-
Approved by, .
Approved as to form:
~'l;f-
TTORNEY
S:\CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA c1ean.doc 17
Last saved by swanson I
6/23/20]05:35:57 PM, 6/22/20]011:5] AM, 6/22/2010 4:27 PM
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
EXHIBIT A
WORK NARRATIVE
THE AGENCY AGREES TO:
A. PROFESSIONAL SERVICES: The Agency shall advertise and procure the services of an
engineering or architectural consultant for this project to provide design services to create
plans and specifications for the below described improvements to the Ocean Breeze site. The
consultant and/or CRA staff shall provide construction management services, prepare bid
specifications, obtain and review bids, prepare contract documents, inspect work in progress,
recommend payment to contractor and provide other professional services customarily provided by
similar professionals. The engineering or architectural consultant for this project shall also provide
appropriate certifications required upon completion of the project. The cost for engineering or
architectural services shall not be paid from NSP funding under this agreement
CONSTRUCTION OF IMPROVEMENTS:
Upon completion of engineering designs and specifications, the Agency shall procure the services of
a general contract to construct the required improvements to the site. The procurement process of the
general contractor shall incorporate any subconsultants which shall be funded under the contract.
(Note: The contractor's compensation shall not be based on "a percentage of 'construction-costs, nor -a-
cost plus percentage of cost).
(a) PRE-REQUISITE TO ADVERTISEMENT: Before advertising its Request for
Bids for construction services, the Agency shall submit the following to CID and
obtain CID's approval to proceed with such advertising:
1 A copy of the bid document that describes the scope of work, that contains the
public entity crimes statement required by F.S. 287.133, that contains all factors to
evaluate respondents and their relative importance/weight, and
documentation showing that ranking forms reflecting the evaluation factors have been
developed and that a written method for conducting evaluations and selecting firms
have been developed.
(b) PRE-REQUISITE TO CONTRACT AWARD: After advertising its bid, evaluating
proposals, the Agency shall obtain CID's approval prior to awarding the contract for
construction services to be funded through this Agreement. In this regard, the Agency
shall provide a letter to CID transmitting the following:
1. A copy of the RFP's public notice (allowing a minimum of 12 days to
respond) as published in a newspaper of regional circulation, with the
newspaper's affidavit of publication.
S:\CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA c1ean.doc 18
Last saved by swanson 1
6/23/20105:35:57 PM, 6/22/2010 ] 1:51 AM, 6/22/20]04:27 PM
2. A list of entities to whom a notification of the bid was provided
3. A list of firms that submitted bid proposals.
4. A copy of the completed evaluation/ranking forms, including any ranking
summary document.
5. A copy of the completed Cost Summary for Negotiated Contracts form, for the
selected contractor.
6. A copy of the Truth-in-Negotiation certificate signed by the contractorfor
contracts over $150,000.
7. A statement advising if protests were filed and a copy of each protest and
documentation of its resolution.
The construction contract shall contain all clauses required by 24 CFR 85; including
remedies for breach of contract, termination for cause and termination for convenience,
access by the Agency, U.S. Comptroller General, U.S. HUD, the State, and their
authorized representatives to the firm's records related to the contract, and a
requirement for retention, by the firm, of all records related to the contract for 3 years
after final payment. Additionally, a contract price adjustment clause if the firm executed
a Truth-in-Negotiation certificate (see above).
After awarding the contract for construction services, the Agency shall obtain CID's
approval prior to executing any change orders to such contract: Furthermore, after
awarding such contract, the Agency shall provide CID with a copy of the executed
contract and the Agency's Board-of Directors minutes dealing with contract award.
Finally, in the instance where the Agency desires to award a contract for construction
services in excess of $25,000, and where one firm only responded to the bid and was
considered for award, the Agency, through CID, shall comply with the State's
requirements for pre-approval of contract award.
(c) PRE-REQUISITE TO INITIATION OF SERVICES AWARDED: The Agency shall
obtain CID's approval prior to authorizing the contractor to begin the WOlk.
B. PROJECT SCOPE: The scope of this project subject to NSP funding availability shall include the
following items all undertaken at the Agency's property, for the project known as Ocean Breeze,
located on Seacrest Blvd. between Northwest ih and 8th Streets in Boynton Beach, Florida.
Legal Description attached as Exhibit "E".
. Supply and install physical infrastructure improvements, including, but not limited to
streets, sidewalks, water lines, sewer lines and street lighting;
. Supply surveymg, engmeermg, and other professional services related to the
improvements.
. Supply and install the above and any other improvements that will facilitate the
construction of single family housing on the site.
S:\CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA c1ean.doc 19
Last saved by swanson I
6/23/20]05:35:57 PM, 6/22/2010 I ]:51 AM, 6/22/20104:27 PM
NOTE 1: Construction work that has been approved for bidding by CID shall be advertised for
bid for a period of not less than twelve (12) days;
NOTE 2: The Agency shall prioritize the work in the project, and shall bid such work in a
manner that would allow the receipt of itemized costs from bidders which would then allow the
award of items that can be funded by the budget provided that the extent of work awarded will
result in functioning improvements in the opinion of CID.
NOTE 3: Should the construction contract amount for this project exceed the amount to be
funded by the City for construction costs through this Agreement, then the Agency shall fund all
amounts in excess of the amount to be funded by the City.
NOTE 4: The Agency shall not request reimbursement from CID for materials or equipment
received and stored on the project site or elsewhere. The Agency shall only request
reimbursement for materials and equipment that have been installed.
NOTE 5: Upon completion of the project, the Agency shall cause its architectural/engineering
consultant to provide CID a written certification. Such certification shall indicate that the
project has met the specifications of the design, as may have been amended by change order, and
the date of completion of construction.
The Agency further agrees that CID, in consultation with any parties it deems necessary, shall be
the final arbiter on the Agency's compliance with the above.
C. DAVIS-BACON ACT: The Agency shall obtain a Davis-Bacon wage decision for the project
prior to advertising the construction work. The Agency shall incorporate a copy of the
Davis-Bacon wage decision and disclose the requirements of the Davis-Bacon Act in its
construction bid solicitation and contract.
D. BONDING REQUIREMENTS: The Agency shall comply with the requirements of OMB
Circular A-IIO and 24CFR Part 84 in regard to bid guarantees, performance and
payment bonds.
E. CONSTRUCTION PAYMENT RET AINAGE: The Agency shall apply a retainage of at
least 5% on all construction draws which retainages shall be released in conjunction with
the final draw upon satisfactory completion ofthe project. The Agency agrees not to release
such retainages until it has obtained approval from CID that the contractor and
subcontractors have complied with the requirements of the Davis-Bacon Act.
F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be
September 30,2012.
G. REPORTS: The Agency shall submit to CID reports as described below:
(a) MONTHL Y REPORT: The Agency shall submit to CID detailed monthliprogress
reports in the form provided as Exhibit B to this Agreement. Each report must
account for the total activity for which the Agency is funded under this
S:\CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach eRA c1ean.doc 20
Last saved by swanson I
6/23/20105:35:57 PM, 6/22/201011:51 AM, 6/22/20104:27 PM
Agreement. The progress reports shall be used by CID to assess the
Agency's progress in implementing the project.
(b) SEMI-ANNUAL REPORT: The Agency shall submit to CID detailed semi-
annual reports in the format provided by CID.
(c) OTHER REPORTS: The Agency agrees to submit to CID any other reports
required in connection with activities undertaken through this Agreement
including, but not limited to, reports associated with Section 3.
I SECTION 3 REQUIREMENTS: The Agency agrees to comply with all Section 3 requirements
Applicable to contracts funded through this Agreement. Information on Section 3 is
available at CID upon request. The Agency 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. 1701 u
(Section 3). The purpose of Section 3 is to ensure that employment and other
economIC opportunities generated by HUD assistance or HUD-assisted
proj ects 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.
(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 of the 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
S:\CA\AGMTS\Final NSP Subrecipient Agreement - Boynton Beach CRA clean.doc 21
Last saved by swanson I
6/23/20105:35:57 PM, 6/22/201011 :51 AM, 6/22/20]04:27 PM
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.
THE CITY AGREES TO:
A. Provide funding for the above specified improvements as described above in "Project Scope during
the term of this Agreement, in the amount of $400,000 in NSP funding. However, the City shall not
disburse any funding for the construction work until the Agency provides documentation showing
that sufficient funds are available to complete the specified improvements.
B. Provide project administration and inspection to the Agency to ensure compliance with U.S.
HUD and the Department of Labor, and applicable State, Federal and City laws and
regulations.
C. Monitor the Agency at any time during the term of this Agreement. Visits may be scheduled or
unscheduled as determined by CID, be conducted by CID staff or its contractor, and will 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 CID on program
activities.
D. The City shall perform an environmental review of the project and review and approve bid
information for the work. The City shall also perform Davis Bacon Act Labor Standards
monitoring and enforcement.
The City shall review requests by the Agency for expenditures on the above items prior to undertaking the
services associated with them, and approve any such expenditure it deems appropriate for this project.
S:\CA\AGMTS\Fina1 NSP Subrecipient Agreement - Boynton Beach CRA clean.doc 22
Last saved by swanson I
6/23/20105:35:57 PM, 6/22/2010 II :51 AM, 6/22/20104:27 PM
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
EXHIBIT B
LETTERHEAD STATIONERY
To: Octavia S. Sherrod, Community Improvement Manager
Community Improvement Division
City of Boynton Beach
P. O. Box 310
Boynton Beach, Florida 33425-0310
From: [Name of Sub-grantee]
[Address]
[Telephone]
Subject: INVOICE REIMBURSEMENT
Attached, you will find Invoice # , requesting reimbursement in the amount of
$ . The expenditures for this invoice cover the period [date] through [date].
You will also find attached back up, original documentation relating to the expenditures
being involved.
-----------------------------------------------------------
APPROVED FOR PAYMENT - Octavia S. Sherrod
EXHIBIT C
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 neig~borhoods
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.
"NSP Home" means an abandoned or foreclosed home, condominium or townhome
purchased with Neighborhood Stabilization Program funds.
"CID" 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% intere5t
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:
l. 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.
I 6. Other eligible uses as approved by the Development DiroctorCommunity
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 as
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
agency as a NON-PROFIT 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 must have financial accountability standards that permit The City of Boynton
Beach to account for and audit the awarded funds.
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 from the Sellerby either:
;) ...--...e,..-....Purc hasing the hBf:Ae-GifeG:fty.ffem.-e-~
3; b. Accepting the assignment of a purchase contract from The City of
g0YA-k>R-.g.e~
4.Purchasing a home from The City of Boynton Beach.
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 are 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 invoices 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
I contained in Section V, the CITY will pay the successful NON-PROFIT DEVELOPER a
Developer's Fee. The Developer's Fee for each NSP Home will be an amount not to
I 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.
Amount 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.
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
I 6. Hie home will be located in the Northwest and Northeast Quadrants of the City
("Eliqible Neiqhborhood")
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 amount 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 Federql 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
I to the Development DirectorCommunity 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.
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:
1. 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
approved 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 CID staff, will inspect the construction work, make
decisions on the quality of work and recommend the approval of all construction
payments. CID 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 materials and who has filed a Notice to Owner and all
I 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 home buyer 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.
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 DivisionDevelopment Director regarding the interpretation of
these guidelines to the City's Development Director, CITY or his authorized
representative;\dministrator or designee. 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
I Community Improvement DivisionGev.elGpmeA-tfJk-ector.
3. The form of relief requested.
I The decision of the City's Development Director, Administrator or desiQnee 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
I funds as out lined in its project schedule in Section VIII or is unable to use the funds for
eligible activities, the Development DirectorCommunitv 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-
I PROFIT DEVELOPER and the NON-PROFIT DEVELOPER must be given a period of time to
correct the problem. In addition, the Development DirectorCommunity Development
I 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 CID Manager will administer the Program consistent with these policies. In the event
an affected party believes that the Devel0prneAtDifec-torCommunity Development
Manaqer or C/D is not interpreting these pOlicies correctly, the affected party must
request a meeting with the DevelopH1eAtDireGtorCommunitv Development Manaqer to
discuss and seek resolution of the conflict.
I If, following a meeting with the Development DirectorCommunitv Development
Manager, the issue remains unresolved; the affected party will have the ability to appeal
the Development Director's decision as provided in Section XI/.
XVII. Conflicts with Federal Law
In the event these policies are found to conflict with Federal law or the rules of the
I Department of Housing and Urban Development (HUD). now or in the future, the Federal
law or rules of HUD will take precedence. The De'/olopment DirectorCommunity
Development Manaqer is delegated to amend these policies to the extent necessary to
I make these policies consistent with federal law or the rules of HUD. Within five working
days of making any changes to these policies, the Development DirectorCommunity
Development Manaqer must notify the CITY Administrator, or designee with a description
of the changes made to these policies and the reason for any changes.
EXHIBIT "0"
PALM BEACH COUNTY INCOME GUIDELINES
2010 MEDIAN = $67,600.00
1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons
Extremely Low-
Income 30% $15,400 $17,600 $19,800 $22,000 $23,800 $25,550 $27,300 $29,050
Median
Very Low-
Income $25,700 $29,400 $33,050 $36,700 $39,650 $42,600 $45,550 $48,450
50% Median
Low-Income $41,100 $47,000 $52,850 $58,700 $63,400 $68,100 $72,800 $77,500
80% Median
Moderate
Income $61,680 $70,560 $79,320 $88,080 $95,160 $1 02,240 $109,320 $116,280
120% Median
~ xtJ//5;/ t 'Ell
!..?t:..-SCRPT:ON:
A .OQRT:ON OF BLOCX C OF THE ,~AT CF BOYNTo.\' .'-tILL$. BOY....TON BEACf-t.
P.;!.L1A BEACH COUvTY_ FLa:?fDA. ACCCJR'D,"'o/G TO T'rlE ,cLA T T.'-EP.EOF AS
~ ,"".O'....A T BOC:JK 4. PAGE 5f or=- T"r-E' PLaJC .:?E~ CF' P',4LM
BEAO"" co...(','T',. FLORiDA. Dr.--SCRffiED AS'=-()LLOv..?S:
COJ..IEJ\CE AT T.'-E /-KJRTHEAST C()rT"-"ER 0-- LOT '(4.7 OF SAJ[) fLOCK C
T.'-ENCE: SOUTH (ASSU\.ED~ .4LCf'/G T:'<-E: EAST UtE: OF SAD LOT 14-7. A
as.A.'VCE' CF 20.00 ....1::.:.. ro 71-E plaNT or=- EJEG;."'J".$\!(;; Tf-El<<::E ca.JTJ.'..:u::
SG\iT'iA.!....OI'rX; THE EAST L,"\E OF ,f'.AoD aOCK C. 22.8.36 FCl:.r TO T.>-E
SOl.iT-EAST C~.e?' OF LO' G4 .OF' SAO BLOCK C; T:'~ aJ::~r:
Al....o.\'G T>-E !30vT:.....O\E CF SA~ LOT ::34" A OSTA....CE CF 00 rr.t.T '0
TrE EAST LA'E CF .:.075 135 .At<D 1315 OF SAO BLOCK C; T:o-Ef.K:E SQ(...TH;
4i....O\'G 54.ID E4ST U'E: A:'.o 7".'-E S()'....7:'-t-p.~ f' .~O\.GA TiCN ~
59 :y FeE:' TO THE Cl:.-"l.' :::.h!'....".E CF GPA.\O ORaE ,.,t", Elc,,?!.1(; A Ct..Rv'c
CO\.'C.A L<E' SOL,'TH,1E5TERL y' ;:":..1 L,'\',G A RADt,'5 OF 59H55 ....r:.:.T: ~ U'E
;:U.fJ.'.4L TO SAfl.; C(RvE BlEARS .....41"'Od-.:;v =-.).. THEY'JCE ,...OR'THilri't..._-i'ER<.:.... 't'
ALo.',G T.'-E AfK: OF SAD Ci.....t:;t,lE 5.Q2 FEE' 7'f-fRCLGH A CE/yTRAL ANGLE OF
l?Zg'fr'" ro T"-E' /I..,' .l::.......iECTiOfv' r't\'T"H 7'1'-oE .'~~,- Y ORQ:..O'.'GA T7Oo\/ CF'
T.'-E EAS' L.~'E CO;:- LOT t29 OF SA.l') aocx' C. (4 Uo'€: PAIJoAL TO s,&.O
CLJP'IE AT n-E SAD PONT QF~",iTER'~-cT{ON BEAPS ^i.4O" 35'4.6"'E:.{i,
T."'fJ,CE so.:.rni, ALOf..G T"'€ S40 N()RTHc.""1T'..... ..- PROLO\GA T.a",; OF ..'-E: EAST
J....,"E OF LOT t2~ A DiST.AJ\K;E QF 57..60 FEET TO n-E SQt....T.'-EAST
C'()>'::r!EP OF SAiD LOT r.29i T",-8\JCE ~i-'ES7;: AUJNG T"<-E: 50(//..... L.rE CF'
SAiD LOT >29 14AD 7J-€ SC\iT.",' LjfE OF L07 i2a. A DlSTA"./CE OF 1.50.00
FEET .0 n-Ei4):';;'T L....E 0:: SAD LOT !2B; Ti-EJoK:E NORTH. ,ALCY'K;, SAD
~tEST U^E. l!J.OO FEET TO Tf-E SafTH U'E OF LOTS :27 04,'.0 i26 OF Soa<l?
BLOt..?<" C~ THfJ'.K;E ~tEST. ALONG n-E SAO SOVTH L.~'E: OF LOTS 127 A.',JJ
~ A D'STAt.iCE QF XJaOO ~. TO 7"1-€ ~~T UAE OF s..4lD LOT \2'15;
T'"'EJ\CE N()R"f"H. AL()l\(; SAO 1'1B'L\'E. 45.00 FtJ!:.... TO 71-E SOt.,m-'L''''E
QF LOTS f24 A.".o 123 CF SAiD BLOC..'" C; T....E:loK:E i"i.E5T: .ALONG SA.'D SOUrrl
.i.....;'t1E. il,,'"lQOO FfE. TO' Ttf >>EST utE OFSoaO LOT ill; T...vK:E ^KJRT....,.
ALO'..;G SAiD .+E5T L"E AloC,' T.""';:: ".'CFr!"':>-ERL Y .~O'JGA "J7Cto/ ~'7JF.
.'93.23 ,..Cl:. ' TO TI-E il\'TER'St::.-cT\.7<1 .t~7J-,' l7-E rlES7"EFfL r ~O'JGA T7CY'"
OF' T.'-E sct.'TH L\'E' 0-- LOT (4.1 OF SA.D aOCk C; T.....ENCE !'J.76.46'J5':E:.
ALO\G SAO /..=:5 ..I::....z.. 'r' PR'l::LO\GA TiCY',; 57. 99 F=.. TO T<-E: ~tEST Uf'E:
OF ['..AID LOT i4~ T.>-f;'oJCE ."K),/:T'7'"H. AL,(;(.K;; SAD >>EST UE~ 1J.,:n25 Ffrr
TO T.'-E ....'CRT:...,. LifE CFSA.D LOT 141; 7"H=r.'CE: ,\!.BJ"rT'55 .1::.. .ALCK'K;, n-E'
.VORT....' L'-';;; CF $A~ LOT$ Z4.f A/.,{) J:4.2 ~ Soafl.? BLOCK C; ,L, D'ST4NCE ~
75.5t ~T TO A UI',E 25 ,;:pET ,,"lEST CF A.^D PARA" <=1. ~i-"T....' n-E EAST L\'E'
OF LOT 50 OF SAD BLOCX C; "il...ENCE: ....OR"!'1-i.ALOl'.'G S#}V PAR.#' .1=7 UVE.
9244 FEE' TO THE /w;JPTH u'E OF 1....07"'$ 5a ;149. 148 .04.'0 :47 OF SAO
BL.OL-X' C: 7"HEJ'.JCE EAS7: ALo....e SAiD :,OF'TH U\E. 205..00 ~ T,o T.'-E
~o.'..f~'&' ~ 4 Cl.JF('iI'E Co.'VCA v:E'${XJ7"HI1'ESTD1t.. :'" ~. V\.....c A {?AiJIi./S a.-
.20.00 FrET A...;.,? .4 CEhTRAL A....GlE OF 90"OO'tX)":' T"€!..c:E SOUT!-EASTEF?'L:<
ALO"-JG THE AfK: QF SAD Ci...R.....E" 31.4-2 FEET '0 TI-E .~':T or=- E!!E&VoN'!'/G
AF<::RfD:::.-SCRrBED.
T~-'H:::."""H' W1T.-.;"
LOTS '3a 13! U2 #.0 0:_'\ a.,OCi< C. eo 'l'NTa./ .~s. ACC:CRr:~i"'G ro
T.'-E ~....A T ~o:: AS ,~COR!:e .\',' ~A T BOGv. 4,. PAGE: 5~ OF T.'-E pta:e
~T09DS OF PALM B:E:AC;"" COi...f"T"~ FLORIDA. roGET'~q W?TH 77'<-E: SOi...lT>-E"?t... ;"
HALC""OI=" T'-E ',<.::leA ::::.;.,.' PORno.,.. ~ N.W: 7!""...,' COv,c;'7;, L ',("I1.K;; ,4DJ,A..CENT TO.4/.0
SC\.iT>-E~ Y 0" LOT t3a B...O!..J.<' C, 8Q ,,,,,,'Ta.;~:s. AS RE~ ,'oj $.4:D th
P....A T' BOCJt<' 4, ':>A.G;E' 5,
TOQ:.--r'H.l::-;:;' ~t1T"":'
LOTS :00 A,',JJ 10; BLOCK C. BO't','.'To.\' HLL5. ACCCJRo:.AV'JG TO T;'-E PL.4T
T.'-t"'7<::::.""'CF. AS ~ ,V... .::t..A T BOOK 4-, PAGE 5r, 0-- n-E' RELiC .:?EC'CP.OS
OF PAUlii' BEACH cov....,T,.: FLQRrDA. 7QGE':l1-t.."'"iT' ~tm'1 Tr-E .....'OA'T'r-t"""R'L Y HALF CF
TrE !/ACA TED ;:::o::rna,' CF ."\!.11~ 77:.....' COlRT. L l:~"..;G ADJACENT TO A".o NCP.'T:>-E~ 'r'
~ LOT :va. &00< c. !3()'r".VTo.'.' i-IU...$.. AS PECCJR":JFD .'to.' SAiD Ft.A T BOOK 4.
PAGE 5~ i....J::':::.-S THA T ~,/ 0" L,oT :00 A,',JJ THA T PCRT.lCJf"CF GRA.'L) CIRCLE
,.,.... Dr:.-S~ AS ~0~..5:
.B!::.-cJ:o.~.r.'.x; AT n-E SOt.JT.>-EAST CCJRto.E'? 0-- SA,D LOT XJoQ. SAiD ,cOttvT .4':'50 BEJ!o.'G
T'-E $O../TrElJ $T CORtER ~ &OC'K c; T'-t'?..CE ,"'EST, ,AL()IoJ(; n-c $OI.f,/-! U\E OJ='
SAC' LQT rtX). A DST Ahr:E" OF 20.00 Fl:.i:. , TO ,4 PQ....j ON ACUR'..>E CONCA !.IE
.."O=;7FI/::5.' .r:......_ 'J" HA ',Il!oJG, A CEJ\'T.C?AL Af'/GtE OF 9O"'t:JO'VOM ,4/'D ,.4 H'ADIU'S ~
:c..'\?CO .-!:.:::. .'; T>-€t..CE !..o.~THEASTERt. Y..4LOI'''G THE A;:;C OF SA<l') fXR'/E, ..c.. D<STAr...cE
QF 31..4-2 FEE' '0 A ,OOV'/T ,ot''I T1-IE' EAST U'E: OF S"!"O l1..OCK C; Tl"-El..CE Sa.r7;"t,
ALo...C T'-E EAST L....-E ~ SoaD ROC"''- C, .4 06TA,hCE CF 20. 00 f:"&r TO T'-E
.::>a.'./. CF BEG'J',Qvr;.
The Citg o! Bollnton 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
July 22, 2010
Theresa Utterback
Administrative Services Manager
Boynton Beach CRA
915 South Federal Highway
Boynton Beach, FL 33435
Re: Resolution RI0-086 Aareement between The City of Bovnton Beach and Boynton
Beach Community Redevelopment Aaency Neiahborhood Stabilization Proaram
Dear Theresa:
Attached for your handling is the original agreement mentioned above and a copy of the
Resolution. Once the document has been executed, please return the original to the City Clerk's
Office for Central File.
If I can be of any additional service, please do not hesitate to contact me.
Very truly yours,
cm OF BOYNTON BEACH
Yn.P~
~nito, MMC
City Clerk
Attachments
(Agreement & Resolution)
S:\CC\WP\AFTER COMMISSION\Other Transmittal Letters After Commission\2010\R10-086 Neighborhood Stabilization. doc
America's Gateway to the Gulfstream