R94-129RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE THE GRANT AWARD AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA
AND THE DEPARTMENT OF STATE; AUTHORIZING
THE CITY MANAGER OR HER DESIGNEE TO SUBMIT
ANY REQUIRED DOCUMENTATION IN ACCORDANCE
WITH THE GRANT APPLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach, Florida made application to the Florida
Department of State, Division of Historical Resources for phase one of the program to
restore and rehabilitate the Historic Boynton Beach Elementary School; and
WHEREAS, the State has approved the City's request for $272,000; and
WHEREAS, there are certain restrictions to receiving these grant funds such as
(a) interest earnings on the grant funds must be returned to the Department of State
quarterly; (b) quarterly reports are required; and (c) restrictive covenants are placed
on the property which require the City to maintain the property in accordance with the
Secretary of Interior's Standards for Historic Rehabilitation for ten years, and any major
changes or modifications in those ten years must be preapproved by the Department
and if the City does not comply, the grant funds must be reimbursed to the State; and
WHEREAS, these terms and conditions are more fully described in the attached
Grant Award Agreement, hereto attached as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida hereby
authorizes and directs the Mayor and City Clerk to execute the Grant Award Agreement
between the City of Boynton Beach, Florida and the Department of State attached as
Exhibit "A" and further authorizes the City Manager or her designee to submit any
required documentation in accordance with the Grant Agreement.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~, day of August, 1994.
OF BEACH,
Mayor Pro
Commi.,
ATTEST:
Cit~::;lerk
and to City of Boynton Beach , Post Office Box 310, Boynton
Beach, Florida, 33425, for the Grantee. Unless the Grantee
has notified the Department in writing by return receipt
mail of any change of address, all notices shall be deemed
delivered if sent to the above address.
27. Entire Agreement
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 communications, representations or
agreements, either verbal or written, between the parties.
No change or addition to this Agreement shall be effective
unless in writing and properly executed by the parties.
The Department and the Grantee have read this Agreement and have
affixed their signatures:
WITNESSES:
CITY OF BO~ON BEACH
~fg~aU~e ~ed
E. F. Harmening,' Mayor
Typed Name and Title of
Authorized Official
DEPARTMENT OF STATE
~istant Secretary
Florida Departmen~/~f State
~~c~esOf Historic~
SUZA~E P. WALKER, Chief
Bure~ of Historic
Preservation
9
Historic Preservation Grant Award Agreement
Special Category Grants
Grant No. SC-508
This AGREEMENT is between the State of Florida, Department of
State, Division of Historical Resources, hereinafter referred to
as the Department, and the City of Boynton Beach, hereinafter
referred to as the Grantee, relative to the Boynton Beach
Elementary School Project, hereinafter referred to as the
Project, and is entered into this day of , 1994.
The Department is responsible for the administration of grant-in-
aid assistance for historic preservation purposes under the
provisions of Section 267.0617, Florida Statutes. The Grantee has
applied for grant-in-aid assistance for the Project. The
application, incorporated by reference, has been reviewed and
approved in accordance with Chapter 1A-35, Florida Administrative
Code, which regulates Historic Preservation Grants-in-Aid.
Subject to the limitations set forth in this Agreement, grant-in-
aid funds in the amount of two hundred seventy-two thousand
dollars ($272,000.00) have been reserved for the Project by the
Department. The Department and the Grantee agree as follows:
1. Scope of Work
The Project shall include the following authorized project
work:
Structural repairs (application of a waterproof or
water repellant coating to the masonry shall not be
allowed);
b. Re-roofing;
CJ
Rough in of HVAC, electrical, plumbing, and fire alarm
systems;
d. Installation of elevator;
e. Installation of new exterior doors;
f. Upgrade of restrooms facilities;
g. Repair of main stair and fire escapes;
h. Installation of fire walls;
Asbestos abatement;
j. Related architectural and engineering services; and
k. Contract administration.
2e
Grant Period
The grant period is effective on the date of the final
signing of the Grant Award Agreement by all parties and ends
on March 31, 1996.
Disbursement of Funds
The payment schedule of grant funds shall be made at
the discretion of the Department subject to the
directives and requirements of the Office of the
Comptroller of the State of Florida.
The Grantee shall temporarily invest surplus grant
funds in an interest bearing account, and interest
earned on such investments shall be returned to the
Department quarterly.
Accounting Requirements
The Grantee shall maintain an accounting system which
provides for a complete record of the use of all grant
funds. This accounting system shall provide for:
Accurate, current, and complete disclosure of the
status of all grant funds.
be
Records that identify adequately the application of
funds for all activities related to the grant. In the
absence of a proper accounting system with amounts
detailing the application of funds, a separate checking
account may be used.
Effective control over and accountability for all
funds, property, and other assets.
de
Accounting records that are supported by
source documentation (i.e., invoices, bills, cancelled
checks) and are sufficiently detailed to allow for a
proper preaudit and postaudit.
Retention of Accounting Records
ae
Financial records, supporting documents,
statistical records, and all other records pertinent to
the Project shall be retained for a period of three
years after the end of the grant period. If any
litigation or audit is started, or claim made, before
the expiration of the three year period, the records
shall be retained until the litigation, claim, or audit
questions involving the records have been resolved.
2
The Grantee shall make all grant records of
expenditures, copies of reports, books, and related
documentation available to the Department or a duly
authorized representative of the State of Florida for
inspection at a reasonable time for the purpose of
making audits, examinations, excerpts and transcripts.
Expenditures
Ail expenditures must be directly related to the
purpose of this grant and must be easily identified as
such.
Project costs may not include any expenditure or cost
not directly related to the purpose of this grant as
set forth in the scope of work.
No expenditures shall be made from these grant funds
for any costs incurred prior to the date of this
Agreement.
de
These grant funds will not be used for lobbying the
Legislature, the judicial branch or any state agency.
Se
Unless authorized by law and agreed to in writing by
the State, the Department shall not be liable to pay
attorney fees, interest or cost of collection.
ft
The Grantee shall not charge the Department for any
travel expense without the Department's written
approval. Upon obtaining written approval, the Grantee
shall be authorized to incur travel expenses payable by
the Department to the extent provided by and according
to the provisions of Section 112.061, Florida Statutes.
Restrictive Covenant
As a condition for receiving grant funds, the Grantee shall
sign and duly record a Restrictive Covenant agreeing to the
continued maintenance, repair and administration of the
property receiving grant assistance in a manner satisfactory
to the Department for a period of ten years.
standards
The Grantee shall carry out all project work in-compliance
with the Secretary of the Interior's Standards for
Rehabilitation or the Secretary of the Interior's Standards
for Archaeologica~ Documentation.
Review
Pursuant to Section 267.061(3)(i), Florida Statutes, the
Grantee shall provide the Department an opportunity to
review and approve architectural documents for the project
at the following points in their development:
a. on completion of schematic design;
on completion of design development and outline
specifications; and
Ce
on completion of working drawings and specifications,
prior to execution of the construction contract.
10. Procurement Documentation
The Grantee shall submit complete bid documents and a copy
of the final contract for construction work to the
Department for review and approval prior to final execution
by the Grantee.
11. Quarterly Progress and Expenditure Reports
The Grantee shall submit to the Department a completed
"Quarterly Progress and Expenditure Report" form for every
calendar quarter of the grant period.
Within 30 days of completion of project work, the Grantee
shall submit the completed "Final Quarterly Progress and
Expenditure Report" form to the Department.
12. Notices, Schedules, and Sponsorships
Ail publications, media productions, and exhibit graphics
shall include the following statement in the same size, type
style, and location as the organization name:
"Sponsored in part by the State of Florida, Department of
State, Division of Historical Resources."
13. Liability
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. The Grantee
hereby agrees to be responsible for any injury or
property damage resulting from any activities conducted
by the Grantee.
be
Except to the extent prohibited by Florida law, the
Grantee agrees to be responsible for any 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 or subcontractors. The Grantee agrees to
indemnify and hold the Department 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 under-
stood by the Grantee that the Department shall not be
liable to the subcontractor for any expenses or
lisbilities incurred under the subcontract and that the
Grantee shall be solely liable to the subcontractor for
all expenses and liabilities incurred under the
subcontract.
14. Non-Discrimination
The Grantee will not discriminate against any employee
employed in the performance of this Agreement, or against
any applicant for employment because of race, creed, color,
handicap, national origin, or sex. The Grantee shall insert
a similar provision in all subcontracts for services by this
Agreement.
15. Public Access
This Agreement may be unilaterally cancelled by the
Department for refusal by the Grantee 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 in conjunction with the
Agreement.
16. Termination of Agreement
This Agreement may be terminated by the Department because
of failure of the Grantee to fulfill its obligation under
the Agreement in a timely or satisfactory manner.
Satisfaction of obligation 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, unless it
is determined by the Department that it is necessary that
the default be cured immediately. If the default is not
5
cured by the Grantee within the stated period, the
Department has the option to terminate the 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 satisfactorily completed prior to
notification of termination.
If the Grantee should violate any of the stipulations of
this Agreement, the Department shall have the right to
demand the return of monies delivered and withhold
subsequent payments due under this or other grants. If
notice of termination is given, the Department shall not be
liable for services rendered, expenses incurred or goods
delivered after receipt of the notification of termination.
17. Availability of Funds
18.
The Department's performance and obligation to pay under
this Agreement are 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 of a state revenue
shortfall, the total grant may be reduced accordingly.
Audit
Each grantee, other than a grantee which is a state agency,
shall submit to an audit to be performed in accordance with
the rules of the Auditor General promulgated pursuant to
Section 11.45, Florida Statutes, or submit an attestation
statement. Such audit or statement, will be filed with the
Department and with the Auditor General.
Se
If the amounts received exceed $100,000, an audit shall
be performed in accordance with the rules of the
Auditor General promulgated pursuant to Section 11.45,
Florida Statutes.
be
If the amounts received exceed $25,000 but do not
exceed $100,000, an audit shall be performed in
accordance with the rules of the Auditor General
promulgated pursuant to Section 11.45, Florida
Statutes, or a statement shall be prepared by an
independent certified public accountant which attests
that the receiving entity or organization has complied
with the provisions of the grant.
If the amounts received do not exceed $25,000, the head
of the entity or organization shall attest, under
6
penalties of perjury, that the entity or organization
has complied with the provisions of the grant.
Ail audits or attestations as described above shall be
submitted within six months of the close of the
organization's fiscal year for each fiscal year which
includes the receipt or expenditure of funds received
under this Agreement.
19. Local Cost Share
The Grantee must be able to v~rify at least $50,000 in local
cost share funds for the Project. Any portion of the
$,50,000 not verified will be reduced from the amount of the
grant.
20. Independent Capacity of Grantee
Each grantee, other than a grantee which is a state
agency, agrees that, its officers, agents and
employees, in performance of this Agreement shall act
in the capacity of an independent contractor and not as
an officer, employee or agent of the State of Florida.
Each grantee, other than a grantee which is a state
agency, is~ot entitled to_accrue any benefits and any
other rights or privileges connected with employment in
the State Career Service. The Grantee agrees to take
such steps as may be necessary to ensure that each
subcontractor of the 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 State.
be
Grant funds cannot be used to pay for the services of a
State employee for time for which the employee is being
paid by the State.
21. Conflict of Interest
The Grantee is prohibited from contracting with a vendor to
carry out grant project activities if any member or officer
of the Grantee is also a board member, corporate officer,
partner, majority stockholder, proprietor or employee of the
vendor or project subcontractor of the vendor.
22. Governing Law
This 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 and rules of the State of Florida. Each party
shall perform its obligations hereunder in accordance
with the terms and conditions of this Agreement.
If any term or provision of this Agreement is found to
be illegal and unenforceable, the remainder of the
Agreement shall remain in full force and effect and
such term or provision shall be deemed stricken.
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 laws and
regulations of the State of Florida.
23. 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 right,
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.
24. Non-Assignment
25.
26.
Neither party shall assign, sublicense nor otherwise
transfer its rights, duties or obligations under this
Agreement without the prior written consent of the other
party which consent shall not unreasonably be withheld. Any
sublicense, assignment or transfer otherwise occurring shall
be null and void; provided, however, that the Department
shall at all times be entitled to assign or transfer its
rights, duties or obligations under this Agreement to
another governmental agency in the State of Florida, upon
giving prior written notice to the Grantee. In the event
the Department approves transfer of the Grantee's
obligations, the Grantee remains responsible for all work
performed and all expenses incurred in connection with the
Agreement.
Binding 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 of the Department.
Notification
Unless there is a change of address, any notice required by
this Agreement shall be delivered to the Bureau of Historic
Preservation, Division of Historical Resources, Florida
Department of State, R. A. Gray Building, 500 South Bronough
Street, Tallahassee, Florida 32399-0250 for the Department,
8
and to City of Boynton Beach-, Post office Box 310, Boynton
Beach, Florida, 33425, for the Grantee. Unless the Grantee
has notified the Department in writing by return receipt
mail of any change of address, all notices shall be deemed
delivered if sent to the above address.
27. Entire Agreement
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 communications, representations or
agreements, either verbal or written, between the parties.
No change or addition to this Agreement shall be effective
unless in writing and properly executed by the parties.
The Department and the Grantee have read this Agreement and have
affixed their signatures:
WITNESSES:
CITY OF BOYNTON BEACH
Signature of Authorized
Official
Typed Name and Title of
Authorized Official
DEPARTMENT OF STATE
JOSEPH A. SOLE
Assistant Secretary
Florida Department of State
GEORGE W. PERCY, Director
Division of Historical
Resources
SUZANNE P. WALKER, Chief
Bureau of Historic
Preservation
9
DEPARTMENT OF STATE
DIVISION OF HISTORICAL RESOURCES
Request for AdVanced Grant Payment
SPECIAL CATEGORY GRANTS
TO:
City of Boynton Beach
Post office Box 310
Bo~nton Beach, Florida, 33425
**Organization's Federal Employment I.D. #:
59-6000282
Total Contract Amount
Prior Payment
Balance to Date
THIS PAYMENT
Balance Due
$272,000.00
$,,, o.oo
$272~000.00
$ 68,000.00
$204,000.00
Authorized Signature
Typed Name and Title of
Authorized Official
FIRST QUARTERLY PAYMENT
ORG. CODE: 45204050
E.O.: SC
OBJECT CODE: 710000
CATEGORY: 140020-95
GRANT NUMBER: 80-508
BEGINNING DATE:
ENDING DATE:
DO NOT MAIL WARRANT TO GRANTEE
DEPARTMENT OF STATE
DIVISION OF HISTORICAL RESOURCES
Request for Advanced Grant Pa~l~aent
SPECIAL C~E~0RY GRANTS
TO-
City of Boynton Beach
Post Office Box 310
Boynton Beach, Florida, 33425
**Organization's Federal Employment I.D. #:
59-6000282
Total Contract Amount
Prior Payment
Balance to Date
THIS PAYMENT
Balance Due
$272,000.00
$ 68,000.00
$204,000.00
$.68,000.00
$136,000.00
Authorized Signature
Typed Name and Title of
Authorized Official
ORG. CODE:
E.O.:
OBJECT CODE:
CATEGORY:
GRANT NUMBER:
BEGINNING DATE:
ENDING DATE:
SECOND QUARTERLY PAYMENT
45204050
SC
710000
140020-95
8C-508
DO NOT MAIL NARP2~NT TO GP.A.NTE~
DEPARTMENT OF STATE
DIVISION OF HISTORICAL RESOURCES
Request for Advanced Grant PaFment - -
SPECIAL CATEGORY GRANTS
TO:
City of Bo~nton Beach
Post Office Box 310
Boynton Beach, Florida, 33425
**Organization's Federal Employment I.D. #:
59-6000282
Total Contract Amount
Prior Payment
Balance to Date
THIS PAYMENT
Balance Due
$272,000.00
$136,000.00
$136,000.00
$ 68,000.00
$ 68,000.00
Authorized Signature
Typed Name and Title of
Authorized Official
ORG. CODE:
E.O.:
OBJECT CODE:
CATEGORY:
GRANT NUMBER:
BEGINNING DATE:
ENDING DATE:
THIRD OUARTERLY PAYMENT
45204050
SC
710000
140020-95
8C-508
DEPARTMENT OF STATE
DIVISION OF HISTORICAL RESOURCES
'Request for Advanced Grant Pa~ont
SPECIAL C~TE~ORY GIt~I~TS
TO:
City of Bo~nton Beach
Post Office Box 310
Bo~nton Beach, Florida, 33425
**Organization,s Federal Employment I.D. #:
59-6000282
Total Contract Amount
Prior Payment
Balance to Date
THIS PAYMENT
Balance Due
$272,000.00
$204,000.00
$ 65,000.00
$ 65,000.00
$ 0.00
Authorized Signature
Typed Name and Title of
Authorized Official
ORG. CODE:
E.O.:
OBJECT CODE:
CATEGORY:
GRANT NUMBER:
BEGINNING DATE:
ENDING DATE:
FOURTH AND FI1TAL OUARTERLY PA_Y~,NT
45204050
SC
710000
140020-95
8C-508
DO NOT MAIL WARRANT TO GRANTEE
RESTRICTIVE COVENANTS
THESE COVENANTS are entered into this
,19 , by.
day of
, hereinafter
referred to as the Owner, and City of Boynton Beach, hereinafter
referred to as the Grant Recipient, and shall be effective for a
period of ten years from the date of recordation by the Clerk of
the Circuit Court of a~ County, Florida.
WHEREAS, the Owner is the fee simple titleholder of the
Property located at
,
Florida, as described in Exhibit A, Attached to and made a part
hereof, and
WHEREAS, the Grant Recipient is to receive State Historic
Preservation Grant assistance funds administered by the State of
Florida, Department of State, Division of Historical Resources,
R.A. Gray Building, 500 South Bronough Street, Tal!ahassee,
Florida 32399-0250, hereinafter referred to as the Department, in
the amount of $272o000.00, to be used for the restoration and
preservation of the property of the Owner, and
WHEREAS, said State funds have been or will be expended for
the purpose of preserving the historic qualities of the property
or contributing to the historic character of the district in
which the property is located,
Now THEREFORE, as part of the consideration for the State
grant, the Owner and the Grant ReciPient hereby make and declare
the following restrictive covenants which shall run with the
title to said Property and be binding on the Owner and its
successors in interest, if any, for a period stated in the
preamble above:
1. The Owner and the Grant Recipient agree to maintain the
property in accordance with good preservation practices and the
Secretary of the Interior's Standards for Rehabilitation.
2. The Owner and the Grant Recipient agree that no
modifications will be made to the Property, other than routine
repairs and maintenance, without advance review and approval of
the plans and specifications by the Department's Bureau of
Historic Preservation.
3. The Owner and the Grant Recipient agree that every
effort will be made to design any modifications to the Property
in a manner consistent with the Secretary of the Interior's
Standards for Rehabilitation.
4. The Owner and the Grant Recipient 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.
5. The Owner and the Grant Recipient 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
2
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 return of the entire grant amount.
b. If the violation occurs after the first five
years, the Department shall be entitled to return of the entire
grant amount, less 10% for each year past the first 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 entitled to return of 80% of
the original grant amount.
c. In the event of a violation of these restrictive
covenants, the Department shall also be entitled to recover its
costs and attorney fees incurred in obtaining recovery of the
grant amount.
6. The Owner agrees to file these covenants with the Clerk
of the Circuit Court of ~ County, Florida, and shall pay
any and all expenses associated with their filing and recording.
7. The Owner and Grant Recipient agree that the Department
shall incur no tax liability as result of these restrictive
covenants.
3
IN WITNESS WHEREOF, the Owner and Grant Recipient have read
these Restrictive Covenants and have hereto affixed their
signatures.
WITNESSES:
Witness Signature
OWNER
Witness Name Typed/Printed Owner's Address
Witness Signature
City and State
Witness Name Typed/Printed
The State of Florida
County of
I certify that on this date before me, an officer duly
authorized in the state and county named above to take
acknowledgements, that
personally appeared as
for , known to
(~c~) (~m~of ~r~ora~~~)
me to be or who 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
19 .
[SEAL]
Notary Public in and for
The state of
My commission expires:
4
Witness Signature
Witness Name Typed/Printed
GRANT RECIPIENT
Address
Witness Signature
City and State
Witness Name Typed/Printed
The State of Florida
County of
I certify that on this date before me, an officer duly
authorized in the state and county named above to take
acknowledgements, that
personally appeared as
for , known to
(~fi~) (Na~ ~
me to be or who 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 , 19 .
[SEAL]
Notary Public in and for
The state of
My commission expires:
This instrument was prepared under the supervision of Frank R.
Stockton, Attorney, Florida Department of State, Division of
Historical Resources, R.A. Gray Building, 500 South Bronough
Street, Tallahassee, Florida 32399-0250.
5