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R96-163RESOLUTION NO. R96 -/~-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CORE GRANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, THROUGH ITS BOARD OF COUNTY COMMISSIONERS; AND PROVIDING AN EFFECTIVE DATE. W~EREAS, it is the policy of Palm Beach County (County) to stimulate and encourage economic growth in the County; and WHEREAS, the Board of County Commissioners has determined that provided assistance and support within development regions is essential to a stronger, more balanced, and stable economy in Palm Beach County; and WHEREAS, the City of Boynton Beach (Grantee) wishes no provide such assistance and support by participating in the redevelopment and revitalization of a development region within Grantee's geographic boundaries; and WHEREAS, the County has determined that the Grantee ms best able to provide such assistance and support, as set forth by the terms of this Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section t. The City Commission of the City of Boynton Beach, Florida hereby does authorize and direct the Mayor and City Clerk uo execute the Palm Beach County Development Regions Core Grant Agreement between the City of Boynton Beach, and Palm Beach County, which Agreement is attached hereto as Exhibit "A" Section 2. That this effective immediately upon passage. PA~SED AND ADOPTED this ~ ATTEST: ~C:~-~y Clerk Resolution shall become day of November, 1996. CITY OF BOYNTON BEACH, FLORIDA /CommisSion~r~ ~gm~issioner //~ommissioner / PALM BEACH COUNTY DEVELOPMENT REGIONS CORE GRANT AGREEMENT THIS AGREEMENT is made as of the 19 day of November, 1996, 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 Boy,nton Beach, a political subdivision of the State of Florida, 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 do agree as follows: I. GRANTEE'S PERFORMANCE OBLIGATIONS Ao By entering 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 monies paid pursuant to this Agreement. 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. As a condition to retaining the maximum of $50,000 from COUNTY, the GRANTEE shall cause, as a direct result of the activities set forth in Exhibit A to this Agreement, the creation of at least five (5) full time jobs in Palm Beach County within twelve (12) months of completion of the project as set forth in Exhibit A. GRANTEE shall be entitled to retain such lesser 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 fourteen (14) months of completion of the project as set forth in Exhibit A. 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 ;~he Florida Department of Labor and Employment Security definitions, paid to emploYees. Grantee shall complete the project no later than 24 months fror~ :tl~e effective date hereof. As a further condition to retaining all grant amounts received from COUNTY, GRANTEE shall cause to be paid an average salary equal to or greater than the minimum wage as established by the Department of Labor. 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 all agreed upon performance standards as set forth in paragraphs I.C and I.D. hereinabove. GRANTEE may provide to COUNTY this verification once all applicable portions of the performance standards set forth in paragraphs I.C. and I.D. of this Agreement have been met; provided, however, that GRANTEE shall provide this verification on or before the expiration of the fourteenth (14) calendar month following completion of the project as set forth in Exhibit A. Within ninety (90) days from the date this verification is submitted to COUNTY, GRANTEE agrees to refund to COUNTY ten thousand dollars ($10,000) for each position not created by the expiration of the twelfth (12) month following completion of the project as set forth in Exhibit A. II. PAYMENT PROCEDURES, CONDITIONS The Grant funds available under this Agreement will be provided only for reimbursement of expenses related directly to the Scope of Work as set forth on Exhibit A, which is attached hereto and made a part hereof. To be eligible for reimbursement, such expenses must be: 1. incurred on or after November 19, 1996; and incurred not more than twenty four (24) calendar months subsequent to the effective date of the Agreement; B= COUNTY agrees, pursuant to the terms of this Agreement, to make payments to the GRANTEE for all eligible types of expenditures as set forth in Exhibit B to this Agreement, attached hereto and made a part hereof. 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. When original documentation cannot be presented, the GRANTEE must adequately justify their 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. Gm 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 ~lreement, then this Agreement shall automatically terminate, thereb~ parties hereto of any obligations 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 funds upon giving wdtten 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. III. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of this Agreement shall be retained by COUNTY and COUNTY shall have no further funding obligation to GRANTEE with regard to those 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. Funds which are to be repaid to the COUNTY pursuant to this Agreement are 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 with the terms of this Agreement. DEFAULT/TERMINATION In the event that a party fails to comply with the terms of, this Contract, 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 Contract. The effective date of the termination shall be the date of the notice of termination. IV. REPORTING REQUIREMENTS V= VI. VII. GRANTEE agrees to submit quarterly reports pursuant to the format set forth in Exhibit C, attached hereto and made a;part hereof. Beginning with the end of the third month following the effective (~ate of this Agreement, these reports shall be submitted in a manner satiSfactory t~) the COUNTY in its sole discretion no later than thirty (30) days following completion of each reporting period. The final (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 quarterly 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 of fifty thousand dollars ($50,000). 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. ACCESS AND AUDITS The GRANTEE shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion of this Contract. The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CONSULTANT'S place of busin ess. VIII. 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 her~in, shall, at the option of the COUNTY without liability, in addition to any other of the COUNTY'S rights or remedies, relieve the COUNTY of any obligation under this Agreement. IX. 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 4 X= negligence or willful misconduct of the COUNTY, its respective agents, servants employees or officers, nor shall the liability limits set forth in section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. INSURANCE Xl. Xll. GRANTEE must provide COUNTY with evidence of self-insurance, general liability and auto liability. 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. REMEDIES Xlll. XlV. XV. This Agreement shall be governed by the laws of the State of Flodda. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. 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. 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. 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 that 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. 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. XVI. ENTIRE AGREEMENT XVII. 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 Ag~reement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the COUNTY shall be mailed to: 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): Carrie Parker, City Manager City of Boynton Beach P.O.Box 310 Boynton Beach, Florida 33425 IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Agreement on behalf of the COUNTY and GRANTEE has hereunto set its hand the day and year above written. ATTEST: DOROTHY H. VVILKEN, Clerk PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS: By: Deputy Clerk By: Chair ATTEST: CITY OF BOYNTON BEACH Title By: Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney APPRO~VED AS TO CITY ~,TTORNEY h:\contract.bbl EXHIBIT A Scope of Services t. CENTRAL BUSINESS DISTRICT (FACADE LOAN PROGRAM) DESCRIPTION: This is a combination of a grant program totaling $25,000 and a new no interest revolving loan program totaling $50,000~ Core grant money will be awarded to businesses and mixed use properties (business/residential) to assist in reducing the loan amount requested from the City. The maximum grant amount awarded will be determined to optimize the number of facade improvement projects that can be accomplished. This Facade Loan Program is to encourage individual property owners to upgrade their existing properties by improving the external and internal appearances of the businesses and encourage businesses to invest in their operations. The goal of the Facade Loan Program is to stoP deterioration, stabilize property values, improve and lhe area, and facilitate.and encourage redevelopment activity the,£ I Business District. Number of full time jobs created 3 County Core Grant City of Boynton Beach Businesses $ 25,000 $ 50,000 Iobal cash $ To be determined Total cost estimate $ 75,000 + PROJECT LOCATION: Central Business District Boynton Beach Contact: Wilfred Hawkins 561-375-6010 Boundaries: FEC Railroad Tracks to west, S.E. 2 Ave. to the south, N.E. 6 Ave. to the north, and Intracoastal Waterway to the east. 2. RAINBOW CITY GROCERY PROJECT DESCRIPTION: The Rainbow City Grocery is a neighborhood store that is family owned and operated since 1981. This is an expansion project to increase the square footage of the Rainbow City Grocery store from 1296 square feet to 1946 square feet. The expansion entails interior and exterior renovations and adding an electric free standing road sign. These renovations will help to enhance the appearance of the neighborhood. After completion of the project, six people from the community will be provided part-time job opportunities. An on-the-job training will be provided for cashiers with performance references given for those satisfactorily completing training. Number of full-time jobs created 3 County Core Grant City of Boynton Beach Rainbow City Grocery $ 25,000 $ 6,250 City no interest loan (Local cash) $ 28,750 Total cost estimate $ 60,000 PROJECT LOCATION: 1919 N. Seacrest Blvd. Boynton Beach, FL 33435 Contact: Arthur Matthews, Jr. 561-736-1005 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.