R23-130 1 RESOLUTION NO. R23-130
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE CITY MANAGER TO
5 SIGN THE GRANT AGREEMENT FOR THE $100,000
6 HUMANITIES IN PLACE GRANT AWARDED TO THE CITY OF
7 BOYNTON BEACH FROM THE MELLON FOUNDATION; AND
8 PROVIDING AN EFFECTIVE DATE.
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11 WHEREAS, on May 23rd,2023,the City of Boynton Beach submitted a grant application
12 to the Mellon Foundation to support the Unity Project; and
13 WHEREAS, the Unity Project is an innovative art collaboration between the community
14 of Boynton Beach, the Public Art department, and artists to commemorate the 100 years since
15 the passage of Ordinance 37 which mandated residential segregation in Boynton Beach; and
16 WHEREAS, on July 31, 2023, The Mellon Foundation approved a grant of $100,000.00
17 to support artist fees and public programming for the project; and
18 WHEREAS, upon recommendation of staff, the City Commission has determined that
19 it is in the best interests of the residents of the City to authorize the City Manager to sign the
20 Grant Agreement for the $100,000 Humanities in Place grant awarded to the City of Boynton
21 Beach from the Mellon Foundation.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
23 BOYNTON BEACH, FLORIDA, THAT:
24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
S:\CA\RESO\Agreements\Grants\Mellon Grant-Reso.docx
28 approve and authorize the City Manager to sign the Grant Agreement for the $100,000
29 Humanities in Place grant awarded to the City of Boynton Beach from the Mellon Foundation,
30 a copy of which is attached hereto and incorporated herein by reference as Exhibit "A".
31 Section 3. This Resolution shall become effective immediately upon passage.
32 PASSED AND ADOPTED this 5th day of September, 2023.
33 CITY OF BOYNTON BEACH, FLORIDA
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35 YES NO
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37 Mayor—Ty Penserga
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39 Vice Mayor—Thomas Turkin
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41 Commissioner-Angela Cruz
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43 Commissioner-Woodrow L. Hay
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45 Commissioner-Aimee Kelley
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47 VOTE
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50 AhST:
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53 Mayl:e ' - Jesus, MP MMC e. 4'ga
54 City er Mayr
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56 %J���N•BFgc`� APPROVED AS TO FORM:
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61 11`x� '�•.""FL4�\O David N. Tolces
62 Interim City Attorney
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S:\CA\RESO\Agreements\Grants\Mellon Grant-Reso.docx
DocuSign Envelope ID:F503D854-167C-4FDA-B0D1-260FDD104641
of\ Mellon
FoLndation
July 28, 2023
Daniel Dugger
City Manager
City of Boynton Beach
100 East Ocean Avenue
Boynton Beach, Florida 33435
Dear Daniel Dugger:
The Andrew W. Mellon Foundation (the "Foundation") is pleased to inform you that we have approved a grant of
$100,000 to the City of Boynton Beach ("your organization"), for use over 12 months, to support artist fees and public
programming for The Unity Project, in accordance with the proposal finalized on July 13, 2023 (the "Proposal", and
collectively the"Project"). We ask that all future correspondence regarding the grant use the reference number
2212-14459. In accepting these funds, your organization agrees to comply with the following terms.
Use of Funds. Under United States law, Foundation grant funds may be used only for charitable, scientific, literary,
or educational purposes. Your organization agrees that the grant funds will be used exclusively for the purposes
described in your organization's Proposal and the approved budget. Your organization agrees to obtain the
Foundation's prior approval for any material changes to the grant terms. The Foundation also expects that the funds
will be managed in a prudent manner that is consistent with the purposes and term of the grant. Any grant funds not
expended or committed for the purposes of the grant, or within the grant period stated above, will be returned to the
Foundation unless otherwise agreed by the Foundation.
The grant award is made to the City of Boynton Beach and may not be transferred or assigned without the advance
written approval of the Foundation.
Payment Terms. Payment of grant funds will be made in accordance with the attached payment schedule after the
Foundation receives the countersigned version of this agreement.
Grant Reports. Your organization will report to the Foundation on the progress of the grant through narrative and
financial reports according to the attached report schedule. Each financial report should provide an accounting of the
expenditures of grant funds. If the grant involves work undertaken by collaborating institutions, your organization is
responsible for reporting on the activities and expenditures of the collaborating organizations.
Grant Work Products and Project Documentation. To ensure that your organization will have sufficient legal
rights to carry out the Project, your organization confirms that all copyright interests in materials produced as a result
of this grant ("Grant Work Products")will either be owned by(a) your organization or(b)one or more third parties
(e.g., artist(s), scholar(s), collaborator(s))who have conveyed in writing sufficient rights and permissions for use of
the Grant Work Products in connection with the Project. Your organization will obtain all other necessary rights and
permissions for the supported work so that the grant activities and use of Grant Work Products (in accordance with
any terms of use set by your organization), including any use by the Foundation of Grant Work Products and Project
Documentation (defined below)authorized in this agreement, will not infringe on or violate the intellectual property,
publicity, privacy, or other rights of any person.
Your organization agrees to make final Grant Work Products available, as described in the Proposal, for educational
or charitable purposes.
DocuSign Envelope ID: F503D854-167C-4FDA-B0D1-260FDD104641
As described in the Proposal, your organization plans to document the grant activities with visuals, photographs,
audio, other media products, and/or archival materials ("Project Documentation") and agrees to provide the
Foundation with copies of Project Documentation with your organization's grant reports or at other times during the
grant term. The Foundation also welcomes receiving copies of depictions of earlier iterations of the Project and stock
promotional imagery of your organization which shall also be treated as Project Documentation under this
Agreement.
Further, your organization grants to the Foundation a free, non-exclusive, irrevocable, sublicensable, worldwide
license of all rights under copyright to use (1)final Grant Work Products intended for a public audience, and (2)
Project Documentation provided by your organization to the Foundation, in each case only to promote the Project or
for the Foundation's charitable purposes, including on the Foundation's website, social media platforms, and all other
mediums.
Grant Disclosure and Publicity. The Foundation will include summary information about this grant in its annual
report and other similar public reports, tax returns, and public grants database, and may share such summary
information in response to inquiries or elsewhere. The Foundation may also promote this grant on its website and
social media channels, and in press releases, newsletters, and other public communications and media products;
any promotional content which discusses the grant in detail and/or narrative form will be shared with your
organization in advance for input.
If you wish to make your own press announcement that includes the Foundation's name or logo, please consult with
the Foundation's Communications Department in advance by contacting media(c�mellon.orq.
Grantee Control of Funds. Your organization confirms that, while the Foundation is providing support for the
Project, your organization retains full discretion and control of the conduct of the Project, including over the process
of selecting any persons or organizations (such as employees, independent contractors, consultants, vendors,
secondary grantees, or other Project participants)to carry out the purposes of this grant. Accordingly, your
organization acknowledges that the Foundation will not be responsible for any actions of your organization regarding
the Project.
Recordkeeping. Grantees are required to retain accounting records, detailing all receipts and expenditures of grant
funds, for three years following submission of the final grant report. The Foundation reserves the right to conduct
audits, including on-site audits with reasonable notice, at any time during the term of the grant, and within three years
after completion of the grant. Your organization agrees to cooperate in the audit and provide information to the
Foundation or its representatives as necessary.
Organizational Tax Status. Your organization certifies that it is a government entity or instrumentality. Your
organization will advise the Foundation immediately if there is any change in that status or in its organizing
documents.
Limitations on Lobbying and Political Activity. Your organization confirms that Foundation grant funds will not be
used by your organization:
a) To conduct lobbying or otherwise attempt to influence legislation (within the meaning of Internal Revenue
Code Section 4945(d)(1)); or
b) To influence the outcome of any specific public election or to carry on, directly or indirectly, any voter
registration drive (as prohibited under Internal Revenue Code Section 4945(d)(2)).
Compliance with Laws. In carrying out the Project, your organization will comply with all applicable local, state,
federal, and international laws, regulations, and rules, including data privacy and intellectual property laws.
Workplace Conduct Standards. The Foundation gives high priority to the realization of equality of opportunity for
all members of society. Accordingly, the Foundation expects that your organization seeks to foster a workplace that
is free from discrimination, harassment, and workplace misconduct; takes appropriate affirmative steps to encourage
equal employment opportunities for women and underrepresented groups to the fullest extent allowable under
applicable law; and has established appropriate policies and procedures for training staff, receiving and addressing
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DocuSign Envelope ID: F503D854-167C-4FDA-BOD1-260FDD104641
complaints regarding sexual harassment and other forms of workplace misconduct, and prohibiting retaliation against
persons who make good faith complaints.
Notification and Cooperation. Your organization agrees to promptly notify the Foundation of any of the following:
(1)significant organizational changes during the term of the grant, including, but not limited to, changes in key
personnel and changes in tax status, (2) unless prohibited by law, (a) reported concerns about the legality or
propriety of the grant activities or use of Foundation funds, and (b)the filing of a claim in any court or with any
governmental agency alleging: (i) sexual or other harassment, discrimination, a hostile work environment, or similar
claims regarding the activities of your organization related to, or that may have an impact on, the Project; (ii)financial
impropriety by your organization related to, or that may have an impact on, the Project; or(iii) breach of fiduciary
obligations by senior leadership or the board of your organization related to, or that may have an impact on, the
Project.
In the event the Foundation learns of allegations of impropriety, illegality, or workplace misconduct through
notification by your organization or third parties, your organization agrees, to the extent legally permitted, to
cooperate with reasonable requests of the Foundation to understand your organization's policies, procedures, and
practices, including what steps were taken in response to the allegations.
Right to Discontinue Funding and Require Return of Funds. The Foundation reserves the right to modify the
grant, discontinue funding, or terminate the grant at any time if(1) your organization fails to materially comply with
the terms of this agreement, (2)any statements, representations, certifications, or documents provided by your
organization are later determined to be false or materially misleading, or(3)the Foundation determines, in its
reasonable judgement, that your organization has become unable to carry out the purpose of the grant as stated in
this agreement. In any such event, your organization agrees, at the Foundation's request, to repay the unexpended
grant funds and grant funds that have not been used in furtherance of the purposes of the Project, or redirect them to
another organization chosen by the Foundation to carry out the purposes of the grant.
Choice of Law and Jurisdiction. This Agreement will be governed by the laws of the State of New York, without
giving effect to its conflict of law principles. The Parties consent to jurisdiction of any suit with respect to this
Agreement in New York County, New York.
We ask that the City of Boynton Beach indicates its consent to these terms by having an individual with corporate
authority sign below. The Foundation will not make payments on this grant until we have received a complete,
countersigned copy of this agreement. Please keep a copy for your files.
On behalf of the Foundation, may I extend every good wish for the success of this endeavor.
Sincerely,
�DocuSigned by:
DF8BB789DAF64B5..
Elizabeth Alexander
President
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DocuSign Envelope ID: F503D854-167C-4FDA-BOD1-260FDD104641
City of Boynton Beach
By: M
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Title: C l I�& Q.r
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REPORTING AND PAYMENT SCHEDULE
Report Schedule
Report Type Due Date
Final Report 10/31/2024
Payment Schedule
Payment Amount Scheduled Date* Wire Transfer Details
Bank Name: Bank of America
$100,000 8/9/2023 Account Number: 001611435311
Routing Number: 026009593
*Please note that payment will not be made until the Foundation receives a countersigned grant agreement.
Please notify the Foundation of any changes in your organization's banking information.
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