R99-113RESOLUTION NO. R99- 11'3
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY. OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A GRANT AGREEMENT BETVVEEN THE CITY
OF BOYNTON BEACH AND THE FLORIDA
DEPARTMENT OF STATE, 1999-2000 CULTURAL
FACILITIES PROGRAM GRANT (NO. 2K-9025) IN THE
AMOUNT OF $94,552.00, PROVIDING FOR THE
CONSTRUCTION OF AN AMPHITHEATER AND TWO
OUTDOOR HANDICAPPED EQUIPPED RESTROOMS
ON THE SITE OF THE 1913 SCHOOLHOUSE MUSEUM;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach applied for this grant in January,
1998, to broaden the cultural programming opportunities In conjunction with the
renovation of the 1913 Schoolhouse; and
WHEREAS, this grant was awarded based on the recommendation of the
Florida Arts Council and funding by the State Legislature; and
WHEREAS, the City Commission of the City of Boynton Beach, upon
recommendation of staff, deems it to be in the best interests of the citizens of the
City of Boynton Beach to accept a grant from the Flodda Department of State, in the
amount of $94,552.00; and
WHEREAS, the City intends to utilize this grant money to construct an
amphitheater and two outdoor handicapped equipped restrooms on the site of the
1913 Schoolhouse Museum;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach hereby
authorizes and directs the Mayor and City Clerk to execute an agreement between
the City of Boynton Beach and the Florida Department of State, accepting a grant
in the amount of $94,552.00. A copy of the agreement is attached hereto as
Exhibit "A.'
Section 2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this 7 day of September ,1999.
ATTEST:
920
='//////,
ra~)a~j~ies Program Grant
Vice Mayor
Mayor Pro Tom
Commissioner
AGREEMENT BETWEEN
STATE OF FLORIDA, DEPARTMENT OF STATE
AND
CITY OF BOYNTON BEACH
This Agreement is by and between the State of Florida, Department of State, hereinafter
referred to as the "Department," and the City of Boynton Beach, hereinafter referred to as the
"Grantee."
The Grantee has been awarded a Cultural Facilkies Program grant by the Department, grant
number 2K-902.~, for the project "1913 Schoolhouse Museum and Amphitheater," in the
amount of $94,552.00.
Unless there is a written notice of change of address, any notice required by this Agreement
shall be delivered to:
Florida Department of State
Division of Cultural Affairs
The Capitol
Tallahassee, Florida 32399-0250
for the Dep~uh~ent, and to City of Boynton Beach, 208 South Seacrest Boulevard, Boynton
Beach, FL 33435, for the Grantee.
In consideration of the mutual covenants and promises contained herein, the parties agree as
follows:
(1) Grant:
(a)
The Grantee shall, prior to the disbursement of funds:
L Sign a Grant Award Agreement and agree to comply with its terms; and
2. Provide an update of the project narrative and budget, hereafter referred to as
Attachment A, and perform the work described therein. Attachment A shall
be attached hereto and made a part of this Agreement.
The Grantee agrees to return the signed Grant Award Agreement and Attachments
to the Division of Cultural Affairs within 60 days after the receipt of the Grant
Award Agreement. A Grant Award Agreement which is not signed by the
Grantee and returned within 60 days shall be considered declined by the Grantee.
(c)
Along with the Grant Award Agreement and Attachments, the Grantee shall
complete an Assurance of Compliance and Signature Authorization Form (Form
CA2E049) and return all the above to the Division.
(d) The Grantee shall not obligate state funds until the date on which this Agreement
is fully executed.
(e) The Grantee shall maintain not-for-profit eligibility as a public entity or a tax-
exempt Florida corporation as determined at the time of application.
(2) CashRelease:
To initiate a release of grant funds, the Grantee must:
1. Complete a Request for Warrant (Form CA2E001) and submit it to the
Division of Cultural Affairs. The amount requested by the Grantee shall not
exceed the anticipated expenditures for the project within 90 days or the
mount permitted in (2)(b) or (c) below, whichever is less.
2. Submit a Schedule of Expensas using Cultural Facilities Report Form
CA2EO48. The Schedule of Expenses shall include actual project expenses
· paid to date; including expenses charged to both match and state grant funds.
(b)
If advance payment of grant funds is approved by the Office of the Comptroller,
the payment schedule shall be subject to any special conditions stipulated by that
Office.
In the case of Cultural Facilities grants, grant funds shall be released in
accordance with the Project Completion Schedule, provided by the grantee, and
attached as Attachment B. Certification of completiun of each phase of the
project must be received by the Division prior to the release of any funds for
subsequent phases of the project.
(d)
Request for Warrant forms received fi.om Grantees who are not in compliance
with the repoffmg and interest payment requirements of this Agreement or any
other past or present grant award agreement with this Division or any other
Division within the Department of State, shall not be processed for payment until
the compliance issues are resolved.
(3) Investment of Crrant Funds. The Grantee shall invest any surplus grant funds in an
interest bearing account pursuant to Section 216.181(15)(b), Florida Statutes, and the interest
earned on such investments shall be returned to the Department quarterly.
(a)
In the event the interest accrued is less than $100 within any quarter, payment
may be deferred until the next quarter when the interest accrued to date totals
$100 or more. All interest accrued and not yet paid tothe Department,
regardless of amount, must be submitted with either the Interim Status Report,
due July 31, or the Final Report, which is due 45 days following completion of
the project.
If interest is accrued from the investment of state funds and that accrued interest
is $100 or more for any quarter, the Grantee shall:
1. Send the accrued interest, for the period of July 1st through September 30,
to the Department. The interest is due October 31;
Send the accrued interest, for the period October 1st through December 31,
to the Department along with the Interim Status Report, which is due
January 31;
3. Send the accrued interest, for the period January 1st through March 31, to
the Department. The interest is due April 30;
Send the accrued interest, for the period April 1st through June 30 to the
Department along with either the Interim Status Report, due July 31, or the
Final Report, which is due 45 days following completion of the grant and
match activity described in Attachments A & B. Should the project not be
completed by June 30 and state funds continue to be invested, all interest
accrued shall be returned quarterly to the Department in accordance with the
schedule stated in this paragraph.
(4) Project Status Reporting Requirements: The Grantee agrees to provide to the Division
a series of reports according to the following schedule using Cultural Facilities Report Form
CA2E048:
(a) Interim Status Report by January 31, 2000, for the period ending
December 31, 1999;
(b) Interim Status Report b3' July 31, 2000, for the period ending June 30, 2000;
(c) Interim Status Reports shall be submitted in addition to any Schedule of Expenses
as described in section (2) of this Agreement.
(d) Should the project not be completed by June 30, interim status reports shall
continue to be submitted as above until completion; and
(e)
Final Report within 45 days of cumpletion of the project. The project shall be
considered to be complete when all grant and match dollars as described in
Attachment A have been expended.
(5) Expenditures:
(a)
All expenditures must be directly related to the purpose of the grant as specified
in Attachment A. Funds are intended for expenditures directly related to
renovation, construction, or acquisition of the designated cultural facility.
Expenditures for general operafmg expenses (such as but not limited to salaries,
3 CA2EO3$, ~ 8/99
travel, personnel, office supplies, etc.) are not allowable. Payment for costs
associated with representation, proposal, and application preparation shall not be
made with funds provided under this Agreement. Payment for costs for lobbying
the Legislature, the judicial branch, or any state agency shall not be made with
funds provided under this Agreement.
If the Grantee finds it necessary to expend state dollars for allowable project costs
as described in the 1999-2000 Cultural Facilities Program Guidelines, and for
work not described in Attachment A, the Grantee shall submit a completed Grant
Amendment Request (Form CA2E047) to the Department for approval before the
work is started.
If the Grantee expends state dollars for non-allowable costs as described in the
1999-2000 Cultural Facilities Program Guidelines, or for work not described in
Attachment A, the Department shall have the right to terminate this Agreement
and demand the remm of all or a part of any funds already delivered, or withhold
funds fi.om subsequent grants. Factors which will be considered by the
Department in making this decision include: the amount of state dollars spent for
non-allowable costs, the percent of the grant funds represented by state dollars
spent for non-allowable costs, and whether the expenditure of sta~;e dollars for
non-allowable costs was intentional or merely a clerical error.
(d) Reimbursement by the State for travel expenses is:not allowed under this
Agreement.
(e) Payment for expenditures incurred prior to the execution of this Agreement shall
not be made with funds provided under this Agreement.
(0
All grant funds and required match shall be expended on the work described in
this Agreement by April I, 2001. If the Grantee cannot expend the funds by April
1, 2001, the Grantee shall submit a Grant Amendment Request (Form CA2E047)
which must be received by the Department not later than 30 days prior to the
expenditure date.
Funds provided under this Agreement shall not be used for planning purposes,
including preliminary and schematic drawings, and design development
documents necessary to carry out the project.
Funds provided shall not be used for projects which are restricted to private or
exclusive participation, which shall include restricting access on the basis of sex,
race, religion, national origin, disability, age, or marital status.
(6) Matchin¢, Funds. For the purposes of this Agreement, matching funds will be defined
and governed as follows:
C~EO3S, ~ff. 8/99
(a) Matching funds shall directly relate to the specific construction work to be done
as described in Attachment A and shall not be operational funds.
(b)
Matching funds will be clearly accounted for through documemation maintained
at the Grantee's office. Match must consist of at least 50% cash as described
1999-2000 Cultural Facilities Program Guidelines. Documemation of in-kind
contributions shall substantiate fair market value.
(c)
Matching funds for the grant shall not consist of state dollars from any source, nor
shall matching funds claimed for any other state grant be allowed to match this
grant.
(d) Matching funds may have been expended prior to the start date of this Agreement
as long as they are clearly a part of the project described in Attachment A.
(e) The Grantee shall provide $2.00 in matching funds for every $1.00 of state funds
received under this Agreement.
(7) Undisturbed Use and Access: The grantee shall maintain undisturbed use of the
property as described in Attachment C: Restrictive Covenants, attached hereto and made a part
of this Agreement. The Division may, from time to time, require certification from the Grantee
or the property owner that the lease is in full force and effect, that it has not been modified or
terminated, and that the Grantee is not in default of the lease's terms and conditions, or in the
case of an owner/grantee, documentation ofunrestricted ownership. Failure to provide such
certification shall constitute a default hereunder which shall give the Division the right to
terminate this Agreement and demand the return of all or a pan of any funds already delivered,
or withhold funds from subsequent grants as provided in paragraphs 4(a) and 4Co) of Attachment
C:.
(8) Notices. Schedules and Soonsorshin. All publications, media productions, and exhibit
graphics concerning the project shall include the following statement in the same size, type,
style, and location as credit to major donors to the project:
"This project is sponsored in pan by the State of Florida through
the Florida Department of State, Division of Cultural Affairs, and
the Florida Arts Council."
(9) Grant Amendment Requests. The Grantee agrees to file, in a timely manner and before
the fact, a Grant Award Agreement Amendment Request for any and all changes in work,
including completion dates, other general information, and changes in dollar amounts, as
described in this Grant or Attachment A. Changes involving only authorized personnel, contact
person, or address may be accomplished through the Administrative Change Notice (Form
CA2E051).
(10) Project Extensions:
5 CA2F.,O38, ~'. g/99
(.)
gncumbrance Date: If the Grantee finds it necessary to request an extension of
the encumbrance date for a single phase project or a multiphase project, the
extension shall not exceed 120 days for any single phase project or 120 days for
any phase ora multiphase project.
(b)
Expenditure Date: If the Grantee finds it necessary to request an extension of the
expenditure date for a single phase project or a multiphase project, the extension
shall not exceed 120 days for any single phase project or 120 days for any phase
of a multiphase project.
(11) Changes in Proiect Scope or Venue: No changes in project scope or venue shall be
permitted.
(12) Proiect Completion:
(a) The project shall be considered to be complete when all gram and match dollars
as described in Attachment A have been expended.
(b)
The Grantee shall encumber all fiands prior to June 30, 2000 unless a completed
Grant Amendment Kequest form submitted by the Grantee for the extension is
approved in advance by the Department. To encumber all funds means that the
Grantee has executed one or more contracts with involved panics for all work to
be accomplished with grant funds.
(c) Upon completion of the project as described in Attachment A, a Final Report shall
be submitted to the Department within 45 days of the completion of the project
(13) Post Audit: The Grantee, if not a state agency, shall submit to an audit to be performed
in accordance with the rules of the Auliitor General promulgated pursuant to Section 11.45,
Florida Statutes, or submit an attestation statement. Such audit or attestation statement shall be
filed with the Department in accordance with Section 216.349, Florida Statutes, and Chapter
10.6, Rules of the Auditor General. Audit reports shall contain a schedule of State financial
assistance and a written compliance report. The following minimum information shall be shown
on the schedule of State financial assistance:
(a) Florida division grantor and program title
(b) State contract/grant number
(c) Grants and aid award amount
(d) Grant expenditure amount
The grantee shall submit an audit report or reports to cover expenditures for the entire amount of
the grant award.
6
C,a.2EO~8, eft. g/99
(14) Audit or Attestation Submission. Audits shall be submitted within six months of the
close of the Grantee's fiscal year for each fiscal year which includes the receipt or expenditure of
funds received under this Agreement. Attestation statements shall be submitted with the Final
Report.
(15) Accounting Reauirements. The Grantee shall maintain an accounting system which
provides for a complete record of the use of all grant and matching funds. This accounting
system shall provide for:
(a) The accounting system utilized must be able to specifically identify, and provide
audit trails which trace the receipt, maintenance, and expenditure of state funds;
(b)
Records that identify adequately the sources and application of funds for all
activities related to the grant. These accounting records shall classify and identify
grant funds by the same budget categories as approved in the grant application. In
cases where grantee's accounting system accumulates data in a different format
than required by the program guidelines, subsidiat3r records should be used to
document and reconcile amounts shown in the grantee's accounting records to
amounts reported to the Division.
(c) An interest beating checking account or accounts in a state or federally chartered
institution shall be used for revenues and expenses as described in Attachment A.
This account shall be used solely for grant expenditures. Any use other than this
purpose will be considered to be a violation of this contract;
(d) The name of the account or accounts shall include the grant award number;
(e) Effective control oVer and accoun~tability for all funds, property, and other assets;
and
Accounting records that are supported by source documentation and are in
sufficient detail to allow for a proper pre-audit and post-audit (such as invoices,
bills, and canceled checks).
(16) Retention and Availability_ of Accounting Records:
Financial records, executed construction or other project related contracts,
supporting documents, interest documentation, statistical records, and all other
records pertinent to the grant shall be retained for a period of five years aider the
filing of the Final Report. If any litigation or an audit is started, or claim made,
before the expiration of the five year period, the records shall be retained until the
litigation, claim, or audit questions involving the records have been resolved or
for five years, whichever is longer.
(b) The Grantee shall make all grant records of expenditures, copies ofrepotts,
books, and related documentation available to the Department or a duly
authorized representative of the State of Florida for inspection at reasonable times
for the purpose of making audits, examinations, excerpts, and transcripts.
(c)
The State of Florida shall cancel this Agreement, and the Grantee shall be
obligated to return, in full, the grant amount in the event of such cancellation,
should the Grantee refuse to allow public access to all documents, papers, letters,
or other materials subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the Grantee
(17) Entire A_m'eement. This instrument embodies the whole Agreement of the parties.
There are no provisions, terms, conditions, or obligations other than those contained herein; and
this Agreement shall supersede all previous communication, representation, or Agreement, either
verbal or written, between the parties. No amendment shall be effective unless reduced in
writing and signed by the parties.
(18) Govemin~Law:
(a)
The Agreement is executed and entered into in the State of Florida, and shall be
construed, performed, and enforced in all respects in accordance with the laws of
the State of Florida. Each party shall perform its obligations hereunder in
accordance with the Terms and conditions of this Agreement.
Co)
If any term or provision of the Agreement is found to be illegal and
unenforceable, the remainder of the Agreement shall remain in full force and
effect and such term of provision shall be deemed stricken.
(19) Conforrnitv. The Grantee agrees that all acts to be performed by it in connection with
this Agreement shall be performed in strict conformity with all applicable taws of the State of
Florida,
(20) No Discrimination. Grantee will not discriminate against any employee employed in
the performance of this Agreement, or against any applicant for employment because of age,
race, religion, color, disability, national origin, marital status, or sex. The Grantee shall insert a
similar provision in all subcontracts for services by this Agreement.
(21) Termination of A~reement. The Department shall terminate this Agreement because of
failure of the Grantee to fulfill its obligations under this Agreement or any other past or present
grant award agreement with this Division or any other Division within the Department of State in
a timely or satisfactory manner. Satisfaction of obligations by the Grantee shall be determined
by the Department. The Department shall provide the Grantee a written notice of default letter.
The Grantee shall have 15 calendar days to cure the default. If the default is not cured bythe
Grantee within the stated period, the Department shall terminate this Agreement. Notice shall be
sufficient if it is delivered to the party personally or mailed to its specified address. In the event
of termination of this Agreement, the Grantee will be compensated for any work completed in
accordance with this Agreemant prior to the notification of termination. Grant funds previously
8
CA2EO3~ettl. 8~9
advanced and not expended on work completed in accordance with the agreement shall be
returned to the Department, with interest, upon termination of the agreement.
(22) Preservation of Remedies. No delay or omission to exercise any right, power, or
remedy accruing to either party upon breach or default by either party under this Agreement,
shall impair any such fight, power, or remedy of either party; nor shall such delay or omission be
construed as a waiver of any such breach or default, or any similar breach or default.
(23) Revenue Shortfall. The State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature. In the event that the
· state funds on which this Agreement is dependent are withdraWn, this Agreement is terminated
and the Department has no further liability to the Grantee, beyond that alreadY incurred by the
termination date. In the event ora State revenue shortfall, the total grant will be reduced
accordingly. Such termination shall not affect the responsibility of the Grantee under this
Agreement as to those funds previously distributed.
(24) Attorney Fees. The Department shall not be liable to pay attorney fees, interest, or cost
of collection.
(25) Liability:
(a)
The Department shall not assume any ·liability for the acts, omissions to act or
negligence of the Grantee, its agents, servants, or employees; nor shall the
Grantee exclude liability for its own acts, omissions to act, or negligence to the
Department.
Co)
The Grantee agrees to be responsible for claims of any nature, including but not
limited to injury, death, and property damage, arising out of activities related to
this Agreement by the Grantee, its agents, servants, employees, and
subcontractors. Unless the Grantee is a State agency or subdivision of the State,
the Grantee agrees to indemnify and hold the Deptu tment harmless from claims of
any nature and agrees to investigate such claims at its own expense.
The Grantee shall be responsible for all work performed and all expenses incurred
in connection with the project. The Grantee may subcontract as necessary to
perform the services set forth in this Agreement, including entering into
subcontracts with vendors for services and commodities, PROVIDED THAT it is
understood by the Grantee that the Department shall not be liable to the
subcontractor for any expenses or liabilities incurred under the subcontract and
that the Grantee shall be solely liable to the subcontractor for all expenses and
liabilities incurred under the subcontract.
(d)
Neither the State nor any agency or subdivision of the State waives any defense of
sovereign immunity, or increase the limits of its liability, upon entering into this
contractual relationship.
(26) Independent Capacity of Gramee. The parties hereto agree that the Grantee, its
officers, agents, and employees, in performance of this Agreemem, shall act in the capacity of an
independent contractor and not as an officer, employee, or agent of the Depar~mem. Grantee is
not entitled to accrue any benefits of state employment, including retirement benefits and any
other rights or privileges connected with employment in the State Career Service. Grantee
agrees to take such steps as may be necessary to ensure that each subcontractor of Grantee will
be deemed to be an independent contractor and will not be considered or permitted to be an
agent, servant, joint venturer, or partner of the Departmem.
(27) Non-Assimament. The Grantee shall not assign, sublicense, or otherwise transfer its
rights, duties, or obligations under this Agreement Without the prior written consent of the
Department, which consent shall not be unreasonably Withheld. The Agreement transferee must
also demonstrate compliance with the requirements of the pro,ram. If the Department approves
a transfer of the Grantee*s obligations, the Grantee remains responsible for all work performed
and all expenses incurred in connection with the Agreement. In the event the Legislature
transfers the rights, duties, and obligations of the Dep~uu~ent to another governmental entity
pursuant to section 20.06 Florida Statutes, or otherwise, the fights, duties, and obligations under
this Agreement shall also be transferred to the successor governmental entity as if it were an
original party to the Agreement.
(28) ~ of Successors. This Agreement shall bind the successors, assigns, and legal
representatives of the Grantee and of any legal entity that succeeds to the obligation or the
Florida Department of State.
(29) Historic Preservation. In accordance with Section 267.061(2)(a) and (b), the grantee
will agree to submit information to the Department of State, Division of Historical Resources,
Bureau of Historic Preservation, for determination of historic significance of the project. This
will be completed prior to the release of state funds covered under this Agreement. Should the
Bureau of Historic Preservation deem the facility to have historic significance, the release of
state funds will occur when the Bureau notifies, in writing, the Division of Cultural Affairs that
the Grantee has satisfied the requirements communicated to the Grantee by the Bureau. Should
the facility not be deemed to be of historic significance, release of state funds will be governed
by other sections within this Agreement.
(30) The Organization must meet the standards of the Americans with Disabilities Act of
1990.
l0
eft. g~99
In acknowledgment of Grant Number 2K-~025, provided for from funds appropriated in the
1999 Appropriation Act, in the amount of $94,552.00, City of Boynmn l~ach, certifies that each
section has been read and agrees to comply with the requirements set forth in this Grant
Award Agreement, and to carry out the work described in Attachment A, attached hereto
and made a part of this Agreement.
Department of State:
By:
Secretary of State
Witness
Date
Grantee:
.× Authorizing Official*
Gerald F. Broenqng: Mmynr
Typed name and t~le
wit.s
09-08-99
*If the anthorizing official signing above on behalf of the grantee orpnmaUon
president of the board, another anthorized board member or other equivalent offid~ such
individual must sign below.
On behalf of the board of directors, trustees or commission which governs the Grantee, I hereby
acknowledge awareness of; and agree to comply with, the conditions of this Agreement.
~Signatur Gerald F. Broenin~. Mayor
Typed name and title
09-08-99
Date
~PHOV~D A8 TO FORM
ATTACItlM~.NT C:
RF~TRICTIVE COVENANTS
The following Restrictive Covenants shall be included in all grant award agreements:
TttESE COVENANTS are entered into this __ day of ,19
by
hereinafter referred to as "the Owner," and City of Boynton Beach, hereinafter referred to as
"the Grantee/Lessee," and shall be effective for a period of ten years from the date of
recordation by the Clerk of the Circuit Court of Palm-Beach County, Florida.
Wl~.REAS, the Owner is the fee simple rifle holder of the Property located at:
Florida, as described in Exhibit A, attached to and made a part hereof, and
WB'I~REAS, the Grantee/Lessee is to receive Cultural Facilities Grant Program funds
administerod by the State of Florida, Depa~'h~ent of State, Division of Cultural Affairs, 1001
DeSoW Park Drive, Tallahassee, Florida 32301, hereinafter referred to as "the Department,"
in the amount of $94.552.00. to be used for the renovation/construction/purchase of the
facility situated on the property of the Owner as described in Exhibit A, and
WI~.REAS, said State funds will be expended for the purpose of:
< 1913 Schoolhouse Museum and Amnhitheater >
(DCA Ref. F2K-9025)
Now TI~.R~lrORE, as pm of the consideration for the State gx~t, the Owner and
the Grantee/Lessee hereby make and declare the following restrictive covenants which shall
mn with the title to said Property and be binding on the Owner and its successors in interest, if
any, for the period stated in the preamble above:
1. The Owner and the Grantee/Lessee agree to maintain the property so that it
continues to be used for a cultural facility as defined by the annual guidelines.
2. The Owner and the Grantee/Lessee agree that the Department, its agents and its
designees shall have the right to inspect the Property at all reasonable times in order to
ascertain whether the conditions of the Grant Award Agreement and these covenants are being
observed.
3. The Owner and the Grantee/Lessee agree that these restrictions shall encumber
the property for a period of ten years from the date of recordation, and that if the restrictions
are violated within the ten year period, the Department shall be entitled to liquidated damages
pursuant to the following schedule:
a. If the violation occurs within the first five years of the effective date of these
covenants, the Department shall be entitled to remm of the entire grant amount.
b. If the violation occurs after the first five years, the Depa~iment shall be entitled
to return of the entixe grant amount, less 10% for each year past the ftrst five. For instance, if
the violation occurs after the sixth anniversary of the effective date of these covenants, but
prior to the seventh anniversary, the Department shall be entltied to return of 80% of the
original grant amount.
4. The Owner agrees to file these covenants with the Clerk of the Circuit Court of
Palm Beach County, Florida, and shall pay any and all expenses associated with their filings
and recording.
5 The Owner and Grantee/Lessee agree that the Department shall incur no tax
liability as a result of the,se restrictive covenants.
2
IN W1TN~S WHEREOF, the Owner and Grant Recipient have read these Restrictive
Covenants and have hereto affixed their signatures.
Witness Signat~
Witness Name Typed/Printed
100 East Bovnton Baaeh RmHovmra
Owner's Address
Witness Signature
Boynton Beach, FL 33435
City State Zip
' 'Witness/lq'me Typed/Printed '
The State of Fmdda
County of
Executed and sealed by me at ~ ~
I certify that on this date before ~me, an officer duly autho?zed in the state and county named above to take
acknowledgments, that ~C~L~. ~. 4~LPl~)[6 ~ personally
(N~e)
appearedas /~ for ~/ ~ ~z~q ~ .~L~C4z~
'(Ot~icer) '(N~ne of C~orporation/Partnership)
known to me to be or prov~l to my satisfaction that he/she is the person described in and who executed the
foregoing instrument.
TypeofIdent~at~on. Proauc~ /~.~~:~ ~/~
Notary Pdb'lJ'c m and for
My commission expires:
[SEAL]
,~l~My Commi~..~o~ CC64~5~
IN WITNESS WI4m~OF, the Owner and Grant Recipient have read these Res~ctive
Covenants and have hereto affixed their signatures.
Witness Signat~
Witness Name Typed/Pdnted
100 East Bovnton Beach
Grant Recipient's Address
wimess Signature
Boynton Beach, FL 33435
City State Zip
Witness'Na~e Typed/Printed
The State o~Rlorida
County of
I certi~ that on this date before me, an officer duly authorized in the state and county named above to take
acknowledgments, that ~-~?~r[c{ 3. /~/2~9e~1/14~ personally
/('Niine oi' Corporation/Partu~rshlp)
known to me to be or proved to my satisfaction that he/she is the person described in and who executed the
foregoing instrument.
Type of Identification Produced /~~ ~
Executed and sealed by me at ~ Florida on t~, ~. , 1999
Notary Publi~ in and for
The State of Y~
My commission exPires:
[SEAL]
4
B(DYNTON BEACH IqlD
· OLD ~._HOOL
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
MEMBER OF THE FLORIDA CABINET
July 15, 1999
Mrs. Virginia Farace
City of Boynton Beach
Boynton Beach City Library
208 South Seacrest Boulevard
oy,to, a h,
As Florida's Chief Cultural Officer, it is a pleasure to notif~ you that you have been awarded
$94,552.00 for Grant l'~umber 2K-9025 under the Depa_.-~nent of State's 19994000 Cultural
Facilities Program.
This program provides matching grants to not-for-profit org~ni=afions to support capital
projects for cultural facilities in Florida. Each grant is awarded by the Department of State
based on the recommendation of the Florida Arts Council and funding by the Legislature.
The Division of Cultural Affairs will contact you with del~il,~ reg-adin§ the funding and
administrative requirements of the Cultural Facilities Program. If you have any question,
please call Mx. Donald Blancett at 850/487-2980.
Congra~ tic r scn this~
Secretary of State
The Capitol * Tallahassee, Florida 32399-0250 · (850) 414-5500
http://www.dos.state.fl.us
CITY OF BOYNTON BEACH
Grant Number 2K-9025
ATTACHMENT A
PROJECT NARRATIVE UPDATE
This Florida Department of State 1999-2000 Cultural Facilities Program Grant
allows for the construction of an amphitheater and outdoor restrooms adjacent to
the 1913 Schoolhouse children's museum located in downtown Boynton Beach.
The first element of this single-phase project has been fulfilled with the
completion of the construction to restore the building. Completion of the
restoration reflects City of Boynton Beach matching funds that have been
expended prior to the start date of this Agreement and that are required to meet
the 2 to 1 match for this grant.
Since this grant was submitted, the State Department of Transportation, Palm
Beach County Commission, the Federal Government, private developers and
taxpayers of Boynton Beach have invested millions of dollars and
begun/completed construction to rejuvenate 1.5 square miles of the downtown
area of which this property is the wastem anchor. These components include
construction of a new bridge, extensive streetscape improvements, additional
historic sites restoration, drainage improvements and a marina district which will
enhance the existing public library, art center, playground and historic children's
museum.
Slight modifications of this grant are anticipated. They may include the following:
· Adjust the site layout of the amphitheater to make better use of natural shade
and to assure better viewing of public events
· Relocate the outdoor restrooms on the site so they do not detract from the
handsome open green space
· Consider the construction schedule for the Ocean Avenue Redevelopment
Project, GALA 2000 and the opening for the 1913 Schoolhouse Museum as
we determine the timeline for this project
BUDGET
The original budget designated $4,200 for bike racks that have already been
placed on site from other funding sources. Reallocation of these funds will be
submitted for approval through the standard Grant Amendment Request
procedure.
CITY OF BOYNTON BEACH
Grant Number 2K-9025
ATTACHMENT B
PROJECT COMPLETION SCHEDULE
July 15, 1999
September 7, 1999
By September 13, 1999
3 weeks later
2-3 weeks
4-6 weeks
4 weeks
2-3 weeks
Flodda Department of State notification of $94,552.00
award for Grant Number 2K-9025
City of Boynton Beach Commission meeting
approving the Grant Award Agreement
Signed Grant Award Agreement and Attachments due
to the Florida Department of State
Await word on fully execUted Agreement
Organize a Project Team consisting of architect,
facilities manager and museum personnel to review
project components
Consider how the construction schedule for the
Ocean Avenue Redevelopment Project, GALA
2000 and the opening for the f gf 3 Schoolhouse
Museum will affect this project as we finelize the
timeline
Process and release a Request for Proposal
All proposals due in for review,, selection and
recommendation of a COntractor
Submit a reCOmmendation to the City of Boynton
Beach Commission for bid award and sign a COntract
Receipt of COntractor bond insurance, etc. before
releasing notice to proceed
Groundbreaking and construction begins
DMSIONS OF FLORIDA DEPARTMENT OF STATE
Office of International P. ahtio~
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretmy of State
DIVISION OF CULTURAL AFFAIRS
MEMORANDUM
TO:
FROM:
DATE:
RE:
Cultural Facilities Program Grant Award Recipients
Donald R. Blancett, Division of Cultural Affairs
July 14, 1998
Grant Award Package
Enclosed are two 1999-2000 Cultural Facilities Program Grant Award Agreements (GAA) and
two Restrictive Covenants.
The following is a step-by-step procedure for completing and submitting the Grant Award
Agreemems, Attachments A and B, and the Restrictive Covenants (Attachment C):
SI'EF 1: Review each provision of the Agreement. The Agreement contains specific language
regarding how the program will be funded and managed. An authorized official of your
organization must sign the Agreement (see the enclosed Assurance of Comofiance and
Si~ature Autho~zation FormS. Remember, you can not reimburse yourseff with grant funds
until the Agreement has been fully executed; so please re, mm the Agreement as soon as
possible. Note: Sign both Agreements on page 11. Do not make any other changes in the
Agreements or alter the Agreements in any way.
S'rP_~P 2: In adda'fion to the signed Agreement, you are requi~d to submit:
1. A completed Attachment A. Attachment A is generated by the org~niT~tion. It is an up-
dated budget and nanative of the application. Include any modifications in the narrative or
budget for the Division's review. When approved, Attachment A will become part of the
Agreement.
Reminder to municipalities and counties: If you submitted a resolution or minutes from a
commission meeting as part of your matching funds statement, funding must be made
available within 60 days from the date of the grant award letter signed by the Secretary of
State.
FLORIDA-STATE OF THE ARTS
The Capitol * Tallahassee, Florida 32399-0250 · (850) 487-2980
FAX: (850) 922-5259 * TT: (850) 488-5779 * http-d/www.dos.state.fl.us
Grant Award Agreement Package
luly 14, 1999
Page 3
to the execution of the Grant Award Agreement. NEW THI.~ YEAR: Each Request for
Warrant, after the~ first one, must be accompanied by a Schedule of Expenses (see Section 2a
of the GAA). Use the Report Form financial page. The Schedule of Expenses must include
actual project expenses paid to date, including expenses charged to both match and grant
funds. If you need an advance payment, call me.
Other important documents in the grant award package:
Assurance of Compliance and Simmture Authorization Form (CA2E059). Complete and
Return one of the two signed originals. Keep the second signed original for your fries.
Please read the form carefully before you sign. Only the individuals who sign this form will
be permitted to sign-off on wpoxts and grant amendment requests.
Administrative Change Notice (CA2E051). This form is the mechanism that you use to keep
the Division informed of any administrative changes that affect the specific proposal for which
you have been funded. Any time you make a change in the organiTation's name, address,
phone number, authorizing official, or contact person you am required to file an
Admini,qtrafive Change Notice.
Grant Amendment Request (CA2E047). A GAR is the mechanism by which a grantee may
make changes to the originally funded proposal activities or budget. Your signature on the
Agreement constitutes your acceptance of the grant award. If you wish to change the
originally funded proposal activities, budget, encumbrance date, or expenditure date, you must
file a GAR before you make the chan~e to legally amend the Agxeement with the State of
Florida. Should you implement a substantial change in a program without prior written
approval, the unapproved activity and related expenses will be disallowed. See Section 10,
Project Extensions, in the Grant Award Agreement.
Report Forms (CA2F. I}48). Please see Section 4 of the Grant Award Agx~ment for reporting
requirements. All grantees must file cumulative Interim Reports at six-month intervals until
the project is completed (new this year). A project is considered to be complete when all
grant and match dollam, as described in Attachment A. have been expended (see Section 4e).
A Final Report must be submitted no later than 45 days afXer the official ending of your
project. You will receive more detailed information on reporting requirements at a later date.
Requ_ est for Warrant. A Request for Warrant is the form used to request a check for the grant
funds which have been set aside to support your program or project. You are responsible for
submitting the Request for Warrant. Grant funds are payable in four quarterly payments. You
may request up to 25 % of the Wtal grant award each quarter. However. you should not
request more mant funds than you can expend within a 90 day period (see Section 2 of the
INSTRUCTIONS FOP. THE COMPLETION OF THE RESTRICTIVE COVENANTS
Two signed original Restrictive Covenants must be submitted with the two ori_glnal
Grant Award Agreements.
First Paragraph that begins: THESE COVENANTS are entered into...
Instructions: Leave this section blank. The Division will complete it
when the Grant Award Agreement is executed.
Second Paragraph that begins: WI417REAS, the Owner is fee simple titleholder of the
property located at:
Instructions: Type name. stl~t address, City, State, and Zip code of the
property to which improvements will be made.
Third Paragl~ph that begins: ~, the Grantee/Lessee is to receive...
Instructions: This paragraph references Exhibit A. ~ is the legal
description of the p~oerty. Attach Exhibit A to the Restrictive
Covenants. Do not make any changes in the Restrictive Covenants
document. Changes could delay the apprOval of the GAA.
Fourth Paragraph that begins: WHEREAS, said State fimds...
Instructions: This is your Pl~ject Title as referenced in the application.
Do not make any changes tO the Project Title.
Signature Paees: There are two types of signature pages.
1. A signature page for use if the grantee is the owner of the property.
If the grantee is also the owner of the property, then use the signature page on which
the owner is the signatory. The signature page must be signed, witnessed, and
notarized.
2. A signature page for use if the ~rantee is leasing the property.
If the grantee leases the property (i.e., not the owner), then both signature pages must
be signed, witnessed, and notarized. The grantee must sign the page on which the
Grant Recipient is the signatory, and the owner must sign the page on which the
Owner is the signatory.
Witness Si _.ature-: Two individuals must witness the signature Of the owner and/or grant
recipient as appropriate.
Include the complete address of the owner/grant recipient.
Nota~'_ Public: If signatures are required for both the owner and the gram recipient, then
all signatures (i.e., both signatures on both originals) must be notarized.
ASSURANCE OF COMPLIANCE AND SIGNATURE AUTHORIZATION FORM
By signing this form, the Grantee certifies that the documents enclosed in the Grant Award package have bean read
and fully understood.
· The Grantee ia required to comply with ali terms and conditions 0uti[ned in the documents roi'erred to above. The
undersigned assures compliance on behalf o~the Grantee. This compliance includes assurance that adequate
procedures will be in place to collect statist[cai information required for reporting purposes in the mcst accurate and
re!iable method possible.
These Authorizing Officials have the authority to enter into contractual agreements on behalf o~' the organization.
Only those individuals signing below or their successors of similar rank may sign other documents relating to this
grant.
~)
TITLE cf organization head authorized to ~1'GN-ATUR~
enter into contractual agreements for
the organization, DATE
TYPED NAHE OF AUTHOP~ZE.D OFF'LC[AL
TITLE cf any official delegated authohty
in absence of officio[ listed in #1 above.
2)
SIGNATURE
DATE
TYPE~ NAHE OF O,~'"[C~AL wJ'r'H Dc'CF. GATED AU'THOiq_rTy
Confirmation of Grant Contact Person: Please note the name of the grant contact parson as it appears on the
grant award lea:er. '~' ' = .... ~" '~
..- ~h,s p=, .- ........ ..,. contact: person for this grant:?
Yes __ ftc __
if No, please indicate new co~lCac'c person:
Check One
Hr. Mrs.'
'Pr'PED NAME OF GRANT CONTACT PEP,5ON
4)
$[GNATUR. E DATE
Should the former contacl: person be deleted f'~m other current grant: records? Yes No
Confirmation of Address: Please nots the address as it appears on the award letter. TS this me con'act address?
Ye.~ Ne __
If No, indicate new address:
#C,.A2.~0Sg, eft' 8/9~..
The C~pit=l ASSURANCE OF COMPLIANCE AND SIGNATURE AUTHORIZATION FORM
1)
By signing this form, the Grantee certifies that the documents enclosed in the Grant Award package have been read
and fully understood.
The Gran~;ee is required to comply with ail terms and conditions outlined in the documents referred to above. The
undersigned assures compliance on behalf cf the Grantee. This compliance includes assurance that adec!uate
procedures will be in place to collect statistical information required for reporting purposes in the mcat accurate and
reliable method possible. -
These Authorizing O~'ficials have the authority to enter into contractual agreements on behalf oi'the Organization,
Only those individuals sfgning below or their successors ct' similar rank may sign other documents relating to this
TITLE cf organization head authorized to "'
enter into contractual agreements for
the organization. DATE
3)
TYPED NAME OF AUTHOP~ZED QF'F'JC'ZAL
TITLE of any official delegated suthohty
in absence cf official listed in #1 above.
SIGNATURE
DATE
TYPE~ NAME OF O~'~C..[AL WTT'H DELEGATED AUTHOR_tTY
Confirmation of Grant Contact Person: Please note the name of me grant contact: person as it: appears on the
grant award ie~a:', is this pe~cn ~!~ %he contact: person for mis grant?
Yes No
I~ No, please indicate new cont;a~ person:
Check One
Mr,__ Mrs,
'TYPED NAME OF GRANT CONTACT PEP,50N
4)
SIGNATURE DATE
Should the former contect person be deleted from omar curt'ant grant records? Yea __ No __
Confirmation of Address: Please note me address es it appears on the award letter, ~ mis fie correct address?
No, indicate new address:
No
Date:
Organization Name:
Address:,
ADMZNZSTRATWE CHANGE NOTZCE
City: Zip:
Please make the following changes to the grant award agreement(s):
l. Organization Name (must provide state and federal documents)
Change from:.
Change to:
Se
Organization address and/or telephone number
Change from:
Change to:
Grant Contact Pemon
D All open grants
[] These grants only.
Change from:
[] Check if this pemon is still with tho organization a~d should receive other DCA mailings
New Contact Signature
Organization Head
[] All open grants
[] These grants only
Change from:
[] Check if this peman is still with the organization and should receive other DCA mailings
New Organization Head Signature
Official with delegated authority
All open grants
[] These grants only
Change from:
Check if this person is still with the organization and should receive ot~er DCA mailing~
New Delegated Signature
Signature of person submitting notice (must be previously authorized official or organlzaUon head):
Typed Name and Title:
DCA USE ONLY
Notice approved for processing and database change~ made (initial end stamp):
CA2EOSX, eft 8199
Applicant:
DIVISION OF CLrLTIYRAL AFFAIRS - CULTURAL FACrLVFrKg PROGRAM
GRANT ANrE'~ID1VIKNT REQUEST FORM
SEND TWO COMPLETED FORMS TO THE DIVISION
Proj~t Title:
Colltact Person:
Address:
City: State: Zip Code:
Telephone: ( ) Date:
Permission is hereby requested to make the followin~ chanse(s) in the Sram referenced above:
I. PRO~ECT DOLLARS
** Please complete the following, citing change in actual award amount. If this amount is reAuced from the amount orlginally
grantad, matching dollars should be adjusted as follows. Matching dollars, in I i.~, B. for the purposes of this form must be on a
2:1 basis to the award amount in Line A. The total cost of work must equal the total of Line A plus Line B.
A. Total Amount of Cultural Facilities Award
B. Confn'med Matching Funds 2:1 to Amount Awarded
C. TOTAL Project Cost
PROJECT NARRATIVE
(Use specific wording as stated in original Exhibit A description or a previously approved amendment request.)
Change From:
Change To:
Effect on Project:
CA2EO47, elf. 8/99
III. F;ROJECT BUDGET
CHANGE FROM
A.
Cultural Fac'~ties Program (this grant)
Matching Fund~:
Total Private Support
Total In-kind Private Support
Total Corporate Support
Total In-kind Corporate Support
Total Local Government Support
Total In-kind Local Government Support
TOTAL PROJECT INCOME
CHANGE TO
CHANGE FROM
MATCH STATE
B. EXPENSES
Land Acquisition
Building Acquisition
Architectural Services
General Requirements
Site ConsU'uction
Concrete
Masonry
Metals
Wood and Plastic
Thermal and Moisture Protection
Doors and Windows
Finishes.
Specialties
F. quipment
Furnishings
Specmi Construction
Conveying Systems
Mecbanlcal
CHANGE TO
MATCH STA'I'I~
TOTAL PRO/F~CT I~XFI~-DnI.IPI~-sl
(Should equal Total Project Income)
CA2E047, elf. 8199
IV'. OTH'F~R CHA.NGF_,S (i.e., Project dates [ex: cncumbranc~ & exl~nditur¢ dates], Gmat Extension R~Clu~ts.)
CHANGE FROM:
CHANGE TO:
REASON(S) FOR CHANGE:
$1~nature ('Must also appear on Assurance of Complianc~ Typed Nan~ and Dat~
and Signamr~ Authorization Form filed with Division)
Change No.
Approved:
Date:
Yes
FOR DMSION OF CULTURAL AFFAIRS USE ONIJY
No Approved: Yes
No
Grants Off~:er
Director, DCA
CA2E047, elf. 8/99
Interim or Final
Grant Number:
Organi?ation Name:
DEPARTM~.NT OF STATE
DIVISION OF CULTURAL AFFAIRS
CULTUR.a& FACILITIES PROGRAM REPORT FORM
Report (Circle One)
Reporting Period:
Total Grant Award: $
to
Project Title:
INTER_L-~ RE RTS: means reports that axe submitted at required intervals (refe'r to the award agreement) and include
cumulative narrative and cumulative financial information on the status of the grant m of the end of the reporting period.
~ REPORT: mee~ the report that is submlttext no later than 45 days following the expenditure daf--, The report
includes a fial cumulativ~ narrative and final cumulative financial data on the expenditures of grant ant1 match, funds.
I. WORK ACCOMI°LISl~.B (in accordance with the project narrative in Attachment A)
CALF.,048, ¢i~'. ~199
ri. SCI:rI~.DULE OF EXPENSES A_ND INCONIE (in accordance with project budget in
Attachment A)
A. EXPENSES (Actually p~lD, not projected or enc-mbered. This itemization mt~t
correspond to narrative in Section 1 of this report)
MATCH STATE
LAND ACQUISITION*
BUILDING ACQIJISITION*
ARCKITECTURAL SERVICHS
G~ REQUIRENmNTS
S~'~ CONSTRUCTION
CONCRETE
MASONRY
1VfETALS
WOOD AND PLASTIC
TY-~-~ AND MOISTURE PROTECTION
DOORS AND WINDOWS
SPECIALTIES
nQun m rr
P~JRNISHINGS
SPECIAL CONSTRUCTION
CONVEYING SYS't'~i$
M~CHANICAL
~.~ .~.CTRICAL
SUBTOTALS OF EXPENSES
CONTINGENCY (not part of match)
TOTAL PROJECT EXPENDITURF_~MATCH+STATE
(SHOLrLD EQUAL TI-IE TOTAL PROIECT INCOMtl
C.~.EO4g. eft. g.'99
B. INCOME (Actually RECEIVED to date)
CULTURAL FACILITIES PROGRAM (This Grant)
MATC~G FUNDS (see page 24)
Total Private Support (Cash)
Total In-Kind Private Support
Corporate Support (Cash)
Total In-Kind Corporate Support
Total Local Government Support (Cash)
Total In-Kind Government Support
Total Federal Government Support (Cash)
Total In-Kind Federal Goverument Support
Applicant Cash
TOTAL MATCH
TOTAL PRO~ECT INCOME (match + grant request)
(SHOULD EQUAL TH~ TOTAL PRO~ECT EXPENDITURES)
HI. INTEREST
a) Amount earned since last interest report
b) Cumulative interest to date
c) DOCUMENTATION ENCLOSRD:
Bank Statements
Financial Statements
CIRCLE ONE
Yes No
Yes No
C~2.E048, cfi. 8/99
IV. SIGNATURES (Each signature block below must be completed. If the same individual is se~ing in more ~'--"~ one
capacity, he must sign in each.capacity.)
I affh'm, under penalty of perjury, that this report presents an accurate and complete description of
the grant aciivity within the report dates above, and that the conditions of the grant have been
complied with.
Signature of Organization Head (Must also appear
on A.ssm-~aace of Compliance Ired Signature Authorization
Form filed with the Di~sion)
Typed Name and Title
Date
NOTE: Grants greater than $25,000 require an independent CPA attestation or audit which must be
submitted in addition to this report.
I certify that this repor~ represents an accurate and complete description of the grant activity
within the report date~ above.
Signature of Architect, Engineer, or Contractor
(as appropriate)
Typed Name and Title
Date
CA2.E04$, eft. 8;99
To:
DMSION OF CULTURAL AFFAIRS
CULTURAL FACI~ PROGRAM
The Capitol
Tallahassee, FL 32399-0250
850/487-2980
REQUEST FOR WARRANT
d) Grant Numben 2K-9025
City of Boyn~n Beach
Boynton Beach City Library
a) Name of Payee
208 South Seacrest Boulevard
Boynton Beach, FL 33435
h) Address
ATT~: Mrs. V'wginia Farace
Phone: ($$1) 375-6380
Federal Employer ID Numbe~. F596000252
f) Total Grant Amount
g) Prior l~yments
h) pal*ace to Dat~
i) THIS PAYMENT
j) B*!~ R~maining
(DCA use only)
$94.552.00
Fund ID Category
Eac.# Pay. #
Vendor ID F596000282 Inv.#
o~ I~o o~mcr cfi AMOUNT
D~cription CS
BF ORG BF EO BF Obj
Date Inv. R¢'d Date Goods Insp. RF Cat
Date Goods Rc'd Start Date 00000000