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R98-019RESOLUTION NO. R98-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PALM BEACH COUNTY DEVELOPMENT REGIONS COMPETITIVE GRANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS IN REFERENCE TO THE REDEVELOPMENT AND DOWNTOWN REGION; EFFECTIVE DATE. REVITALIZATION OF THE AND PROVIDING AN WHEREAS, the it is the policy of the County to stimulate and encourage economic growth in Palm Beach County; and WHEREAS, the Board of County Commissioners has determined that providing assistance and support within development regions is essential to a stronger, more balanced, and stable economy in Palm 'Beach County; and WHEREAS, the City Commission of the City of Boynton, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to enter into a Palm Beach County Development Regions Competitive Grant Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize the Mayor and City Clerk to execute a Palm Beach County Development Regions Competitive Grant Agreement, which Agreement is attached hereto as Exhibit "A", for the following project: The Dolphin Plaza, located at 115 South .Federal Boynton Beach, Florida, in the amount of $83,000 Section 3. Highway, That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of January, 1998. ATTEST: CITY OF BOYNTON BEACH,~FLORIDA //~i~e Mayor ~ .... Co.l~miss~ D Commissio~ O~ olph~laza ? R98 27z . D PALM BEACH COUNTY DEVELOPMENT REGIONS CORE GRANT AGREEMENT THIS AGREEMENT is made as of FEB P. ~, 1998 , by and between Palm Beach County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as COUNTY, and the City of Boynton Beach, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes, hereinafter referred to as GRANTEE. WITNESSETH: WHEREAS, it is the policy of the COUNTY to stimulate and encourage economic growth in Palm Beach County; and WHEREAS, the Board of County Commissioners has determined that providing assistance and support within development regions is essential to a stronger, more balanced, and stable economy in Palm Beach County; and WHEREAS, GRANTEE wishes to provide such assistance and support by participating in the redevelopment and revitalization of a development region within GRANTEE'S geographic boundaries; and WHEREAS, the Board of County Commissioners has determined that the GRANTEE is best able to provide such assistance and support, as set forth by the terms of this Agreement; and WHEREAS, the Board of County Commissioners has determined that it is in the public's best interests to award a grant to the GRANTEE pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: I. GRANTEE'S PERFORMANCE OBLIGATIONS Ao By entedng into this Agreement, GRANTEE agrees that it will contract with one or more qualified entities to perform certain redevelopment activities as more specifically set forth in Exhibit A to this Agreement, -attached hereto and incorporated herein by reference. GRANTEE agrees that the redevelopment activities contemplated by this Agreement will be completed in accordance with the terms of this Agreement. GRANTEE agrees that it is solely liable to COUNTY for performance under this Agreement, and that, in the event of default, GRANTEE will, as more specifically set forth herein, refund to COUNTY the Grant Award. GRANTEE hereby certifies that it is. authorized by law to be so bound. GRANTEE hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with GRANTEE's mission. Co Upon satisfaction of conditions set forth, herein, COUNTY shall pay GRANTEE a grant award of $75,000 '(the "Grant Award"). As a condition to retaining the Grant Award, the GRANTEE shall cause, as a direct result of the activities set forth in Exhibit A to this Agreement, the creation of at least seven (7) full-time jobs one (1) part-time job in Palm Beach County within thirty six (36) months subsequent to the Effective Date of this Agreement. In the event the GRANTEE fails to create all of the aforementioned jobs, GRANTEE shall be entitled to retain such lesser II. amounts as may be equal to the Grant Award per job, multiplied by the number of positions created pursuant to this Agreement. In accordance with the provisions of paragraph I.E. hereinbelow, the 'number, dates and salaries of all hires in Palm Beach County must be substantiated by GRANTEE, to COUNTY's satisfaction, within thirt~ eight (38) months subsequent to the Effective Date of this Agreement. For the purposes of this Agreement, the term salary means wages, gratuities, salaries, commissions, bonuses, drawing accounts (against future earnings), prizes and awards (if given by an employer for the status of employment), vacation pay, sick pay, and other payments consistent with the Florida Department of Labor and Employment Security definitions, paid to employees. As a further condition to retaining all grant amounts received from COUNTY, GRANTEE must pay such employee(s) a salary equal to or better than the minimum wage as determined by the Department of Labor. For the purposes hereof, a full-time job shall mean employment for a minimum of 2080 hours per year and a .Dart-time job shall mean employment for a minimum of 1040 hours per year. As a further condition to retaining any Grant funds from COUNTY, the GRANTEE shall provide to COUNTY written verification, satisfactory to COUNTY in its sole discretion, of compliance by GRANTEE with the terms and conditions of this Agreement. GRANTEE may provide to COUNTY this verification at any time following satisfaction of such terms and conditions, but not later than the expiration of the thirty eighth (38) month subsequent to the Effective Date of this Agreement. In the event GRANTEE fails to create the required jobs, GRANTEE agrees to refund to COUNTY the portion of the Grant Award paid by COUNTY to GRANTEE for each job not created within ninety (90) days from County's demand therefore. PAYMENTPROCEDURES, CONDITIONS The Grant Award available under this Agreement will be provided only for reimbursement of expenses related directly to the work as set forth on Exhibit A, which is attached hereto and made a part hereof for all eligible types of expenditures as set forth in Exhibit B to this Agreement, attached . hereto and made a part hereof. To be eligible for reimbursement, such expenses must be: 1. incurred on or after November 1, 1997; and incurred not more than twenty four (24) calendar months subsequent to the Effective Date of the Agreement; B= Requests by GRANTEE for payment shall be accompanied by proper documentation. For the purposes of this paragraph, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. VVhen original dOcumentation cannot be presented, the GRANTEE must adequately justify its absence, in writing, and furnish copies thereof. In the case of invoices that have not first been paid by GRANTEE, GRANTEE shall certify to the COUNTY that each invoice presented for payment relates directly.to work satisfactorily completed as contemplated by this Agreement. Requests for payment for costs incurred after the Effective Date of this Agreement shall be submitted to COUNTY no later than sixty (60) days after the date the indebtedness was incurred. Requests for payment shall not be honored if received by COUNTY later than the expiration of the twenty sixth (26) calendar month following the Effective Date of this Agreement. If GRANTEE fails to submit any requests for payment by the expiration of the twenty sixth (26) calendar month following the Effective Date of this Agreement, then this Agreement Shall automatically terminate, thereby relieving the parties hereto of any obligations hereunder. GRANTEE shall immediately notify COUNTY of any material change of circumstances at the business(es) identified on Exhibit A hereto. For the purposes hereof, material change of circumstance shall include, but not be limited to, the sale or transfer of more than 10% of the stock or ownership interest in the business(es), the closing or cessation of operation of the business(es), voluntary or involuntary bankruptcy or an assignment for the benefit of such business(es) creditors. In the event of a material change of circumstances, COUNTY shall have the right to terminate this Agreement, whereupon COUNTY shall have no further obligation to GRANTEE under this Agreement. Any Agreement entered into between GRANTEE and such business(es) shall require such business(es) to immediately notify GRANTEE and COUNTY of a material change of circumstances and shall inform such business(es) of the potential for termination of funding in the event of a material change of circumstances. GRANTEE shall use reasonable diligence to monitor the business(es) to insure that no material change of circumstances occur at such business(es) which COUNTY is not informed of and shall certify to COUNTY the absence of same at the time of;any requests for payment hereunder. If the GRANTEE fails to comply with any of the provisions of this Agreement, the COUNTY may withhold, temporarily or permanently, all, or any, unpaid portion of the Grant Award upon giving written notice to the GRANTEE, and/or terminate this Agreement and the COUNTY shall have no further funding obligation to the GRANTEE under this Agreement. The GRANTEE shall repay COUNTY for all unauthorized, illegal or unlawful expenditures of funds, including unlawful and/or unauthorized expenditures discovered after the expiration of this Agreement. The . GRANTEE shall also be liable to reimburse the COUNTY for any lost or stolen funds. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of the Grant Award shall be retained by COUNTY and COUNTY shall have no further funding obligation to GRANTEE with regard to such unpaid funds. The determination that the GRANTEE has ceased or suspended its operation shall be made solely by COUNTY and GRANTEE, its successors or assigns in interest, agrees to be bound by COUNTY's determination. Any unpaid portion of the Grant Award which is to be repaid to the COUNTY pursuant to this Agreement is to be repaid by delivering to the COUNTY a cashier's check for the total amount due, payable to Palm Beach County within ninety (90) days of the COUNTY's demand. The above provisions do not waive anY rights of COUNTY or preclude the COUNTY from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the COUNTY's right to be repaid in the event the GRANTEE fails to comply III. IV. VI. VII. VIII. with the terms of this Agreement. DEFAULT/TERMINATION In the event that a party fails to comply with the terms of this Agreement, other than payment of funds, then the non-defaulting party shall provide to the defaulting party notice of the default and the defaulting party shall have 30 days within which to initiate action to correct the default and 90 days within which to cure the default to the satisfaction of the non- defaulting party. In the event that the defaulting party fails to cure the default, the non- defaulting party shall have the right to terminate this Agreement. The Effective Date of the termination shall be the date of the notice of termination. REPORTING REQUIREMENTS GRANTEE agrees to submit semi-annual reports pursuant to the format set forth - in Exhibit C, attached hereto and made a part hereof. Beginning with the end of the sixth month following the Effective Date of this Agreement, these reports shall be submitted in a manner satisfactory to the COUNTY in its sole discretion no later than thirty (30) days following completion of each reporting period. The final semi-annual report shall be submitted to the COUNTY no later than the forty eighth (48) month following the Effective Date of this Agreement. All grant payments made pursuant to this Agreement shall be contingent on the receipt and approval of the semi-annual reports required by this paragraph. MAXIMUM GRANT AMOUNT In no event shall the reimbursements made to GRANTEE pursuant to this Agreement exceed the maximum total Grant Award of seventy-five thousand dollars ($75.000). FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The COUNTY may have a financial system analysis and an internal fiscal control evaluation of the GRANTEE performed by an independent auditing firm employed by the COUNTY or by the County Internal Auditor at any time the County deems necessary to determine the capability of the GRANTEE to fiscally manage the Grant Award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be submitted to the COUNTY if requested. PERFORMANCE The parties expressly agree that time is of the essence with regard to performance as set forth in this Agreement and failure by GRANTEE to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the COUNTY, in addition to any other of the COUNTY'S dghts or remedies; relieve the COUNTY of any obligation under this Agreement. INDEMNIFICATION The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from COUNTY which may arise out of this Agreement. The GRANTEE recognizes the broad nature of this indemnification and hold harmless Clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the COUNTY in support of this obligation in accordance with the laws of the State of Florida. GRANTEE'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 COUNTY, its respective agents, servants employees or officers, nor shall the liability limits set forth in section 768.25, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. IX. PUBLIC ENTITY INSURANCE REQUIREMENTS It shall be the responsibility of the GRANTEE to provide evidence 'of the following minimum amounts of insurance coverage or legal liability protection: A= The GRANTEE ,s_hall procureI and maintain through the term of this contract Worker s Compensation & Employers Liability insurance up to the statutory limits specified by Florida Statute 440.02. Notwithstanding the nu tuber of the employees or ~ny other statutory provisions to the contrary the Worker's Compensation i~nsurance shall extend to all employees and volunteers. Without waiving the right to Sovereign Immunity as provided by Florida State 768.28 the GRANTEE acknowledges that it is self insured under State Sovereign Immunity Statues with coverage limits of $100,000 Per Person and $200,000 Per Occurrence or such monetary waiver limits as may from time to time during the term of the contract be set forth in the State Sovereign Immunity St~,tues, which the COUNTY recognizes as acceptable regarding General Liability and Automobile Liability. Dm Without waiving the right to ~;overeign Immunity or any other statUtory provisions to the contrary, tht GRANTEE acknowledges and agrees in the event the COUNTY is name¢ in any legal action as a result of acts or omissions solely due to the ( ;RANTEE'S performance or failure to perform · the contractual duties set forl h in the terms of the contract, the GRANTEE shall respond with all the necessary defense of the COUNTY and provide payment of all judgements arid costs against the COUNTY in the same manner and to the same extent as if!he COUNTY were identified as an Additional Insured on the GRANTEE S self-insurance program. / A signed Affidavit or CertifiCale of Insurance, evidencing that required ~nsurance coverages have b~;en procured by the GRANTEE in the types and manner required hereun :ler shall be transmitted to the COUNTY prior to the GRANTEE performing any operations under the terms of the contract. Further, said Affidsvit or Certificate(s) of InsUrance shall unequivocally provide thirty 30) days written notice to the COUNTY prior to any adverse change, can ellation, or non-renewal of coverage thereunder. All insurance m~Jst be acceptable to and approved by the COUNTY as to form, types o coverage and acceptability of the insurers or self-insurance funds provi~Jing coverage. The GRANTEE acknowledges and agrees the GRANTEE'S self-insurance program will be Primary, and the COUNTY's self-insurance program will be Excess. X. AVAILABILITY OF FUNDS The COUNTY'S obligation to pay under this Agreement is contingent upon annual appropriation for its purpose by the Board of County Commissioners. Xl. REMEDIES No remedy herein conferred upon any party is intended to be exclusive of any Other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. X]I. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment withOut regard to race color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation and warrants and represents that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. X~III.FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in such action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the parties to this Agreement. XIV. SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ENTIRE AGREEMENT The COUNTY and the GRANTEE agree that this Agreement. sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. XVI. CONSTRUCTION No party shall be considered the author of this Agreement since the parties XVlI. XVIII. XlX. XXIII. hereto have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. SURVIVAL The parties warranties, agreements, covenants and representations set forth in this Agreement shall not be merged and shall survive consummation of the transaction contemplated by this Agreement. ASSIGNMENT No party to this Agreement may assign this Agreement or any interest herein without the prior written consent of the other party(s), which may be granted is withheld at such other party(s) sole and absolute discretion. GOVERNING LAW & VENUE This Agreement shall be governed by, construed and enforced in accordance with, the laws of the State of Florida. Venue in any action, suit or proceeding in connection with this Agreement shall be in Palm Beach County, Florida. BINDING EFFECT This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective legal representatives, successors and assigns. EFFECTIVE DATE OF AGREEMENT This Agreement is expressly contingent upon the approval of the Palm Beach County Board of County Commissioners, and shall become effective only when signed by all parties and approved by the Palm Beach County Board of County Commissioners (the "Effective Date"). HEADINGS The paragraph headings or captions appearing in this Agreement are for convenience only, are not part of this Agreement, and are not to be considered in. interpreting this Agreement. WAIVER No waiver of any provision of this Agreement shall be effective against any party hereto unless it is in writing and signed by the party(s) waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. NOTICE Ail notices and elections (collectively, "notices") to be given or delivered by or to any party hereunder, shall be in Writing and Shall be (as elected by the party giving such notice) hand delivered by messenger, courier'service or Federal Express, or alternately shall be sent by United States Certified Mail, with Return Receipt Requested. The effective date of any notice shall be the date of delivery of the notice if by personal delivery, courier services or Federal Express, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The parties hereby designated the following addresses as the addresses to which noticeS may be delivered., and delivery to such addresses shall constitute binding notice given to such party: Michael Tarlitz, Economic Development Coordinator P.B.C. Governmental Center, 10th Floor 301 North Olive Avenue West Palm Beach, Florida 33401 and if sent to the GRANTEE shall be mailed to (current official address): Kerry L. Willis City Manager City of Boynton Beach P.O.Box 310 Boynton Beach, Florida 33425 561-375-6010 Any party may from time to time change the address to which notice under this Agreement shall be given such party, upon three (3) days prior written notice to the other parties. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida and GRANTEE entered into this Agreement the day and year above written. ATTEST: PALM BEACH COUNTY, FLORIDA DOROTHY h. WILKEN, Clerk BY ITS BOARD OF COUNTY COMMISSIONERS: BOARD OF COUNTY COMMISSIONERS ,~~/' ,~'~'~-"~,,°~_~__ ~---- By: Deputy Clerk CITY OF BOYNTON BEACH, FLORIDA ATTEST: BY ITS BOARD OF COMMISSIONERS By:. ~__z~'.~'~~ Title APPROVED AS TO FORM AND LEGAL SUFFICIENCY Mayor P' City of Boynton I~ch ~.ov~o As/~ ~-r~: /,Z By h~\contrt97.bb2 9 EXHIBIT A Cafe Barista: Cafe Barista is a full service restaurant located in "Downtown" Boynton Beach. The owner is in the process of expanding the existing 840 square feet of space with 26 seats into the adjacent space of similar size. An additional bar and 20+ seats are expected to be added. Number of full time jobs created 3 County Core Grant City of Boynton Beach Business Total cost estimate $ 25,000 $ 6,250 $ 9.355 $ 40,605 local cash PROJECT LOCATION: 529 East Ocean Avenue Boynton Beach, Florida 33435 Contact: Kimberly Kelly 561-586-9451 Scully's Market: Scully's Market is a convenience store located on East Ocean Avenue "Downtown" Boynton Beach. It has been operating for four and a half years in the community. The owner has already invest $88,000 in the business and is planning additional interior and exterior renovations estimated to cost $26,100. Number of full time jobs created County Core Grant City of Boynton Beach Business Total cost estimate 25,000 6,250 114,100 145,350 local cash PROJECT LOCATION: 214 East Ocean Avenue -Boynton Beach, Florida 33435 Contact: Kevin Scully 561-734-4047 Fisherman's Catch: Fisherman's Catch is a fish and lobster market selling fresh seafood. They will be establishing a second location at the north end of the City of Boynton Beach along North Federal Highway. An abandoned building was bought (2,700 sq. ft., 2 story) and _is currently being renovated into a retail/wholesale seafood market. Number of full time jobs created 7 County Core Grant City of Boynton Beach Business Total cost estimate $ 25,000 $ 6,250 $ 150.000 $ 181,250 PROJECT LOCATION: 1022 North Federal Highway Contact: Boynton Beach, Florida 33435 Scoff or Mary Bills 561-732-6792 ]0 EXHIBIT B LIST OF ELIGIBLE ACTIVITIES 1. Acquisition of real property. 2. Expansion of existing property. 3. Providing payment of impact fees. 4. Facade improvement programs. 5. Construction of new buildings. 6. Renovation of existing buildings. 7. Site 'development assistance. ]! EXHIBIT C SEMI-ANNUAL REPORT FORM A copy of contract documents between applicants (local government/CRA/CDC) and all projects (businesses) as stated in Exhibit A must be submitted to the Economic Development Office before filing SEMI-ANNUAL reports. Name of Applicant: .... Name of Project: Start Date: Completion Date: Please Circle Semi-Annual Period for this Report: 1998 1 2 1999 1 2 2000 1 2 Funding Spent by Source for this 6 months: County Municipality / CRA / CDC Business Other Describe Status of Project in Relation to: 1. Land Acquisition: 2. Construction: What will be Accomplished by the Next Semi-Annual Report? Employment Status at Project: Jobs Retained Start Date Title/Position Hours/Week Wage/Hour New JObs Created Start Date TitlE/Position -Hours/Week Wage/Hour H:..semi-d~v.doc CERT IFICATE OF COVERAGE Certificate Holder Administrator Issue Date 2/6/98 NT PAM NOLAN, ECONOMIC DEVELOPMENT PALM BEACH CTY BD OF CTY COMM 301 NORTH OLIVE AVENUE, lOTH WEST PALM BEACH, FL 33401 Florida League of Cities, Inc. Public Risk Services P.O. Box 530065 Orlando, Florida 32853-0065 COVERAGES THiS iS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUEC TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THiS CERTIFICATE MAY BE iSSUED OR MAY PERTAIN THE COVERAGE AFFORDED aY THE -~-GREEMENT DESCRIBED HEREIN iS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT. ~)VERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST 'AGREEMENT NUMBER: FMIT 55 I COVERAGE PERIOD: FROM 10/1/97 t COVERAGE PERIOD: TO 9/30198 12:00 Midnight Standard Time I TYPE OF COVERAGE - LIABILITY General Liability [] Comprehensive General Liability, Bodily injury, Property Damage and Personal Injury [] Errors and Omissions Liability [] Supplemental Employment Practice [] Employee Benefits Program Administration Liability [] Medical Attendants'/Medicat Directors' Malpractice Liability [] Broad Form Property Damage [] Law Enforcement LiabiIity [] Underground, Explosion & Collapse Hazard Limits of Liability ' Combined Single Limit Deductible N/A Automobile Liability All owned Autos (Private Passenger) All owned Autos (Other than Private Passenger) [] Hired Autos [] Non-Owned Autos Limits of Liability * Combined Single Limit Deductible N/A TYPE OF COVERAGE - PROPERTY [] Buildings [] Miscellaneous [] Basic Form [] Special Form [] Personal Property [] Basic Form [] Special Form [] Agreed Amount [] Deductible N/A [] Coinsurance N/A [] Blanket [] Specific [] Replacement Cost [] Actual Cash Value [] inland Marine [] Electronic Data Processing [] Bond Limits of Liability on File with Administrator TYPE OF COVERAGE - WORKERS' COMPENSATION [] Statutory Workers' Compensation [] Employers Liability $1,000,000 Each Accident $1,000,000 By Disease $1,000,000 Aggregate BV Disease [] Deductible N/A Automobile/Equipment - Deductible [] Physical Damage Per Schedule - Comprehensive - Auto Per Schedule - Collision - Auto N/A - Miscellaneous Equipment Other The limit of liability is $1,000,000 (combined single limit) bodily injury and/or property damage each occurrence in excess of a self-insured retention of $ 100,000. This limit is solely for any i~b lit,/rest Itino from entr;, of ~. claims b? pursuant to Section 7~8.28 (5) Florid~ Statutes or liability imposed pursuant to Federal Law or actions outside the State of Florida Description of Operations/Locations/Vehicles/Special Items RE: Gore Development Regions Grant Contract. Palm Beach County is added as an additional insured as respects the member's liability regarding the above described item THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER "~;-~{E COVERAGE AFFORP-.,ED BY THE AGREEMENT ABOVE. ~$1GNATED MEMBER RISK MANAGEMEN'I; CITY OF BOYNTON BEACH 1 00 EAST BOYNTON BEACH BLVD BOYNTON BEACH, FL 33425 CANCELLATIONS SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED eEFORE THE EXPIRATION DATE THEREOF. THE iSSUiNG COMPANY WILL ENDEAVOR TO MAiL 30 DAYS WRITTEN NOT,CE TO THE CERTIFICATE HOLOER NAMED ABOVE. BUT FAILURE TO MAiL SUCH NOTICE SHALL ~MPOSE NO OBLIGATION OR LIABILITY OF ANY KiND UPON THE PROGRAM. ITS AGENTS OR REPF~ESENTATIVES. AUTHORIZED REPRESENTATIVE FMIT-CERT (10/96)