R01-007 RESOLUTION R 0l-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
STATE FUNDED GRANT AGREEMENT FOR THE URBAN INFILL
AND REDEVELOPMENT ASSISTANCE GRANT PROGRAM -
PLANNING GRANT, BETWEEN THE STATE OF FLORIDA,
DEPARTMENT OF COMMUNITY AFFAIRS AND THE CITY OF
BOYNTON BEACH IN THE AMOUNT OF $50,000; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach was approved for a planning grant in the
~nount of $$0,000 for Urban Infill and Redevelopment Assistance for the Martin Luther
King Boulevard Corridor; and
WHEREAS, The City Commission of the City of Boynton Beach upon
recommendation of staff, deems it to be in the best interest of the citizens of the City of
Boynton Beach to accept the Planning Grant and authorizes the Mayor and City Clerk to
execute the Grant Agreement;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF
rilE CITY OF BOYNTON BEACH OF PALM BEACH COUNTY, FLORIDA,
tHAT:
Section 1: The City Commission of the City of Boynton Beach, Florida hereby
accepts the State of Florida Department of Community Affairs Planning Grant in the amount
of $50,000, for the City's Urban Infill and Redevelopment Assistance for the Martin Luther
King Boulevard Corridor.
Section 2: This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS
ATTEST:
g: c a/r e s o Gr {k~kk~ ~ ~/~//~,t - DCA-MLK Blvd.011001
~0
~ ~,..~20,.-i ~
t ~ DAY OF January, 2001.
C mmlsslo~ner
~er ~"~ ~~k.~.
DEPARTM
Governor
STATE OF FLORIDA
ENT OF COMMUNITY AFFAIRS
'Dedicated ro making Florida a hotter place to call home"
November 22, 2000
-CERTIFIED MAIL-RETURN I~CEIPT KEOUESTE~D
The Hononlble Gerald Broening
Mayor, C~ty of Boyatoa B~ch
I00 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
1LEe Urbz~n lnfill and Redevelopment Assistance Grant Program-Plmming Gnmt
Dear Mayor Broening:
I am pieced to let you know that your City's application for a planning grant under the Urban Infill ~d
Redevelopment Assistance Grant Program is recommended for funding, i congmtul.~te your staff on preparing
application that will enable the stakeholders in your designated urban infill and redevelopment area to engage in
collaborative and ho!istic pl~ning process, tt is our expectation that fl~¢ ~suldng urban Lnffll plan will, over ~ime,
effect the desin~d change in your community.
Your position in the f~ding order and recommended award amount is ~ the enclosed table, This funding,
as well as eligibility, is subject to appea! arid may change following en appeals process. You may requesl ~
Administrative Hearing in accordance with the encios~ Notice ofAdm/~isn'atNe Righm. This request must be in
vailing and received at ~he letterhead address within ~vemy-one days of receipt of this letter. For this r~ason, the
Department catmot execute any agr~ments until/all up, als, should ~here be any, have been r~solved. If'no appeals
are filed, you c~n expec~ g~ant awa~s ~o be made during December.
Susan Fleming of my staff is preparing the gram award for your signature ~nd will be contusing ~u or
your aaign~ staff~ conf~ ~e specific details in the ~ant Should you bare ~y questions, plebe call h~ at
(850) 922-6070 or e-mail her at sus~.fleming~d~.st~.fl.us. She is available m assist in any way neces~ to
~ns~e the grant agreement is s~ess~lly completed this fail..
Thank you again for your willingness to participate with tl~E~artm~t in a new ~sismce
wish yo~ good ,ucc~,, m your effo~s to revi=lize your urban ~d~'~ /7 prog~m. We
/
~/// .' / !
Steven M. Seib~
SMS~e/swf
255,; SHUMARD OAK BOULEVARD · TALtAHASSEE, FLORIDA 3239g-2100
Phone: 850.488.84661Suncom 278.8466 FAX: 850,921.078115unc0m 291.0781
Internet a~dress: http:ilwww.dca,s:ate,ft.us
16;87
8584887688
FL ENERGY OFFICE
Urban Infill and Redevelopment Assistance
Planning Grants
PA6E
83
Applicant
Miam/./Miami-Dade
Sti Petersburg
Ft.[ Myers
Miami Beach
Hillsborough County
Ft Pierce
County
BoyntonBeach
County
Manatee County
Haven
Points Ranking
251
1
241 2
229
219
4
215
5
213
6
206 7
205
192 9
190 10
186 11
I67
12
165 13
162 14
160 15
160
15
135 16
122 17
Award Amonnt
$50,000
$50,000
$50,000
$4O,00O
$50,o00
$5~000
$50,000
$5~ooo.
$39,800
$50~000
SS~O00
$50,000
$50,000
$50,000
$25,065
$25,065
-0-
The City of
Boynton Beach
City Clerk's Office
I00 E Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
(561) 742-6060
FAX: (561) 742-6090
Janua~ 25,2001
Joseph F. Myers, Director
Division of Emergency Management
2555 Shumard Oak Blvd.
Tallahassee, FI 32399-2100
RE: Resolution #R01-07 and partially signed Grant Agreement
Dear Mr. Myers:
Attached please find a copy of the above mentioned resolution and a partially signed
Grant Agreement. After the Agreement is signed, please return an executed copy to
my attention. Thank you.
If you have any questions, please do not hesitate to contact me.
Sincerely,
CITY OF BOYNTON BEACH
SUE KRUSE, CMC/AAE
CITY CLERK.
C: Dan DeCarlo
"An Equal Opportunity/A~'rmative Action/ADA Employer"
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by
their undersigned officials as duly authorized.
DEPARTMENT OF COMMUNITY AFFAIRS
An Agency of the State of Florida
Joseph F. Myers, Director
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
BY:
DATE:
CITY OF BOYNTON BEACH
A Municipal Corporation Organized under the
BY:
Gerald BroWning, Mayor
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
FID # 59-6000-282
14
Revised:
DRAFT
December 19, 2000
Contract Number: 01 -UI-07-10-60-02-012
CFDA Number: NA
STATE-FUNDED GRANT AGREEMENT FOR THE
URBAN INFILL AND REDEVELOPMENT ASSISTANCE GRANT PROGRAM
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallah assee, Florida (hereinafter referred to as the
"Department"), and the City of Boynton Beach, a municipal corporation organized under the laws of
Florida, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills,
knowledge, qualifications and experience to provide the services identified herein, and does offer to
perform such services, and
B. WHEREAS, the Department administers the Urban Infill an d Redevelopment Assistance
Grant Program and does he~'eby accept the offer of the Recipient upon the terms and conditions
hereinafter set forth, and
C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds
under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with its Urban Infill and
Redevelopment Assistance grant application (which is incorporated herein by reference as though it were
fully set forth herein) and the Scope of Work and Schedule of Deliverables, Attachment A of this
AgrTeement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES.
Both the Recipient and the Department shall be governed by applicable State and
Federal laws, rules and recjulations, including but not limited to those identified in Attachment C.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties or January 1, 2001 whichever
is later, and shall end December 31, 2001, unless terminated earlier in accordance with the provisions of
paragraph (9) of this Agreement.
(4) MODIFICATION OF CONTRACT; REPAYMENTS
Either party may request modification of the provisions of this Agreement. Ch anges
which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to the Department at
the following address:
Department of Community Affairs
, Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with § 215.34(2), Fla. Stat., if a check or other draft is returned to the Department
for Collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft.
(5) RECORDKEEPING
(a) All original records pertinent to this Agreement shall be retained by the Recipient for
three years following the date of termination of this Agreement or of submission of the final report,
whichever is later, with the following exceptions:
time, on Monday through Friday.
Department.
(6)
1. If any litigation, claim or audit is started before the expiration of the three year
period and extends beyond the three year period, the records will be maintained until all litigation, claims
or audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for three years after final disposition.
3. Records relating to real property acquisition shall be retained for three years
after closing of title.
(b) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Scope of Work and
Schedule of Deliverables - Attachment A - and all other applicable laws and regulations.
(c) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Department, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local
"Agents" shall include, but not be limited to, auditors retained by the
REPORTS
(a) At a minimum, the Recipient shall provide the Department with monthly reports,
quarterly reports, and with a final report.
(b) Monthly reports shall be made by telephone to the Department's contract
administrator on or around the fifteenth of each month. Quarterly reports are due to be received by the
Department no later than 30 days after the end of each quarter of the program year and shall continue to
be submitted each quarter until submission of the final report. The ending dates for each quarter of the
program year are March 30, June 30, September 30 and December 31.
(c) The final report is due 30 days after termination of this Agreement or upon completion
of the activities contained in this Agreement.
3
(d) If all required reports and copies, prescribed above, are not sent to the Department or
are not completed in a manner acceptable to the Department, the Department may withhold further
payments until they are completed or may take such other action as set forth in paragraph (9). The
Department may terminate the Agreement with a Recipient if reports are not received within 30 days after
written notice by the Department. "Acceptable to the Department" means that the work product was
completed in accordance with generally accepted principles and is consistent with the Scope of Work and
Schedule of Deliverables.
(e) Upon reasonable notice, the Recipient shall provide such additional program updates
or information as may be required by the Department.
(7) MONITORING.
The Recipient shall constantly monitor its performance under this Agreement to ensure
tha~ time schedules are being met, the Scope of Work and Schedule of Deliverables is being
accomplished within specified tim e periods, and other performance goals are being achieved. Such
review shall be made for each function or activity set forth in Attachment A to this Agreement.
(8) LIABILITY.
(a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely
responsible to parties with whom it shall deal in carrying out the ierms of this agreement, and shall save
the Department harmless against all claims of whatever nature by third parties arising out of the
performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is
not an employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent acts or omissions or tortious acts which result ~n
claims or suits against the Department, and agrees to be liable for any damages proximately caused by
said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any
Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state
agency or subdivision of the State of Florida to be sued by third parti~es in any matter arising out of any
contract.
4
(9) DEFAULT; REMEDIES; TERMINATION.
(a) If the necessary funds are not available to fund this agreement as a result of
action by Congress, the State Legislature, the Office of the Comptroller or the Office of Management and
Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the
Department to make any further payment of funds hereunder sh all, if the Department so elects, terminate
and the Department may, at its option, exercise any of its remedies set forth herein, but the Department
may make any payments or parts of payments after the happening of any Events of Default without
thereby waiving the right to exercise such remedies, and without becoming liable to make any further
payment;
1. If any warranty or representation made by the Recipient in this Agreement or
any previous Agreement with the Department shall at any time be false or misleading in any respect, or if
the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this
Agreement or any previous agreement with the Department and has not cured such in timely fashion, or
is unable or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial condition revealed in any
reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse
change within thirty (30) days from the time the date written notice is sent by the Department.
3. If any reports required by this Agreement have not been submitted to the
Department or h ave been submitted with incorrect, incomplete or insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any of the
services required under the Scope of Work and Schedule of Deliverables attached hereto as Attachment
A.
(b) Upon the happening of an Event of Default, then the Department may, at its option,
upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or
more of tl~e following remedies, either concurrently or consecutively, and the pursuit of any one of the
following remedies shall not preclude the Department from pursuing any other remedies contained herein
or otherwise provided at law or in equity:
1. Terminate this Agreement, provided that the Recipient is given at least thirty
(30) days prior written notice of such termination. The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to
the address set forth in paragraph (10) herein;
2. Commence an appropriate legal or equitable action to enforce performance of
this Agreement;
3. Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited to,
requesting additional information from the Recipient to determine the reasons for or the extent of non-
compliance or lack of performance, issuing a written warning to advise that more serious measures may
be laken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the
amount of costs incurred for any items determined to be ineligible;
5. Exercise any other rights or remedies which may be otherwise available under
law~
(c) The Department may terminate this Agreement for cause upon such written notice as
is r~asonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud;
/
lacl~ of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and
refusal by the Recipient to permit public access to any document, paper, letter, or other material subject
to disclosure under Chapter 119, Fla. Stat., as amended.
(d) Suspension or termination constitutes final agency action under Chapter 120, Fla.
Stat~, as amended. Notification of suspension or termination shall include notice of administrative hearing
rights and time frames.
(e) The Recipient shall return funds to the Department if found in non-compliance with
laws, rules, regulations governing the use of the funds or this Agreement.
(f) This Agreement may be terminated by the written mutual consent of the parties.
(g) Notwithstanding the above, the Recipient shall not be relieved of liability to the
Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent
authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the
exact amount of damages due the Department from the Recipient is determined.
(10) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Department contract administrator foi' this Agreement
is:
Susan Fleming
Acting Program Administrator
2555 Shumard Oak Boulevard
Tallahassee, Florida 32319-2100
(850) 922-6070
Fax:(850) 488-7688
E-mail:susan.fleming@dca.state.fl.us
(c) The name and address of [he Representative of the Recipient responsible for the
administration of this Agreement is:
Dan DeCarlo, Neighborhood Projects Specialist
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6028
Fax: (561) 742-6089
Emaii: decaldod@ci.boynton-beach.fl.us
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (10)(a)above.
(11) OTHER PROVISIONS.
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipien! in this Agreement, in
any subsequent submission or response to Department request, or in any submission or res ponse to fulfill
the requirements of this Agreement, and such information, representation s, and materials are
7
incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of
the Department and with thirty (30) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict
with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed
null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
(c) No waiver [~y the Department of any right or remedy granted hereunder or failure to
insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or
remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by
the Department for any further or subsequent default by the Recipient. Any power of approval or
disapproval granted to the Department under the terms of this Agreement shall survive the terms and life
of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of which
ma~y be taken as an original.
(e) The Recipient agrees to comply with the Am ericans With Disabilities Act (Public
Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conViction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract
to p~rovide any goods or services to a public entity, may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor
list or on the discriminatory vendor list.
(g) With respect to any Recipient which is not a local government or state agency,
and which receives fun ds under this agreement from the federal government, the Recipient certifies, to
the best of its knowledge and belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a three-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract
under public transaction; violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) witL~ commission of any offenses enumerated in paragraph
11 (g)2. of this certification; and
4. have not within a three-year period preceding this agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this agreement.
(12) AUDIT REQUIREMENTS.
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be
'construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) In the event that the Recipient expends a total amount of State awards (i.e., State
financial assistan ce provided to recipient to carry out a State project) from all state sources equal to or in
excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-
specific audit for such fiscal year in accordance with Section 216.3491, Florida Statutes; applicable rules
of t~he Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor
General.
In determining the State awards expended in its fiscal year, the Recipient shall consider all
sources of State awards, including State funds received from the Department, except that State awards
received by a nonstate entity for Federal program matching requirements shall be excluded from
The funding for this Agreement,was received by the Department as a Grant and Aid
consideration.
appropriation.
1. The annual financial audit report shall include all management letters and the
ReCipient's response to all findings, including Corrective actions to be taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement
number.
3. The complete financial audit report, including all items specified in (12)(d) 1
and 2 above, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
State of Florida Auditor General
Attn: Ted J. Sauerbeck
10
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
5. in connection with the audit requirements addressed in (d) above, the
Reci pient shall ensure that the audit complies with the requirements of Section 216.3491(7), Florida
Statutes. This includes submission of a reporting package as defined by Section 216.3491 (2)(d), Florida
Statutes, and Chapter 10.600, Rules of the Auditor General.
6. If the Recipient expends less than $300,000 in State awards in its fiscal year,
an audit conducted in accordance with the provisions of Section 216.3491, Florida Statutes, is not
required. In the event that the Recipient expends less than $300,000 in State awards in its fiscal year
and elects to have an audit conducted in accordance with the provisions of Section 216.3491, Florida
Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be
paid from recipient funds obtained from other than State entities).
(e) In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held
liable for reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
ReCipient of such non-corn pliance.
(f) The Recipient shall retain all financial records, supporting documents, statistical
recerds, and any other documents pertinent to this contract for a period of three years after the date of
submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the
expiration of the three-year period, the records shall be retained until the litigation or audit findings have
been resolved.
(g) The Recipient shall have all audits completed in accordance with 216.3491, Fla. Stat.
by an independent certified public accountant (IPA) who shall either be a certified public accountant or a
public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with
the applicable provisions noted above.
(13) SUBCONTRACTS.
11
(a) If the Recipient subcontracts any or all of the work required under this Agreement, a
copy of the executed subcontract must be forwarded to the Department within thirty (30) days after
execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor
is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the
Department and Recipient harmless against all c~aims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law.
(14) TERMS AND CONDITIONS.
This Agreement contains all the terms and conditions agreed upon by the parties.
(15) ATTACHMENTS.
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Attachment A: Scope of Work and Schedule of Deliverables
Attachment B: Special Conditions
Attachment C: Rules and Regulations
(16) FUNDING/CONSIDERATION
(a) This is a fixed-fee Agreement. As consideration for performance of work rendered
under this Agreement, the Department agrees to pay a fixed fee of up to fifty thousand dollars ($50,000).
Payment will be made in accordance with the provisions of Attachment A (Scope of Work and Schedule
of Deliverables), subject to the availability of funds.
(17) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification n
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
12
(b) If otherwise allowed under this Agreement, the Agreement may be renewed on a
yearly basis for a period of up to two (2) years after the initial agreement or for a period no longer than the
term of the original agreement, whichever period is longer, specifying the terms under which the cost may
change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations.
(c) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with s. 112.061, Fla. Stat.
(e) The Department of Community Affairs reserves the r!.ght to unilaterally cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla. Stat.., and made or received by the Recipient in
conjunction with this Agreement.
(f) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay the contract amount.
(g) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 274A(e) of the INA. Such violation by the Recipient of the em ployment provisions
contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by
the Department.
(18) STATE LOBBYING PROHIBITION. No funds or other resources received from the
DeF~artment 'n connection with this Agreement may be used directly or indirectly to influence legislation or
any other official action by the Florida Legislature or any state agency.
(19) LEGAL AUTHORIZATION.
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The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all Covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by
their undersigned officials as duly authorized.
DEPARTMENT OF COMMUNITY AFFAIRS
An Agency of the State of Florida
BY:
Joseph F. Myers, Director
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
CITY OF BOYNTON BEACH
A Municipal Corporation Organized under the
Laws of Flor[da _
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
DATE:
FID # 59-6000-282
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Attachment A: Scope of Work and Schedule of Deliverables
Urban Infill and Redevelopment Assistance Grant Program
BACKGROUND
To reduce urban sprawl and to keep core urban areas fiscally strong, the Florida Legislature created the
Urban Infill and Redevelopment Assistance Grant Program. The program provides for planning and
implementation grants to local governments to redevelop and revitalize distressed urban areas. Funds
are to be used to develop collaborative and holistic urban infill and redevelopment plans and to implement
projects located within designated urban infill and redevelopment areas, pursuant to ss. 163.2511 -
163.2526, Fla. Stat. The goal of the Recipient's planning process is to effect change in the the Urban
Inflll and Redevelopment Area over time, based on a comprehensive analysis of the factors underlying
the need or desire for change, as well as the means by which such change can be implemented.
DESCRIPTION OF PLANNING PROCESS
In its application, the Recipient proposed and documented an Urban Infill and Redevelopment Area
(UIRA) that meets the statutory requirements for the purposes of this grant program. Further, through a
competitive selection process, the Recipient's ,application for an Urban Infill and Redevelopment planning
grant was recommended for funding. With the funds in this Agreement, the Recipient agrees to
undertake a collaborative and holistic planning process for its UIRA. The planning process will include
the following elements:
1. A description of a holistic and collaborative community participation planning process which
allows for community input, including visioning, before redevelopment occurs. The collaborative process
should result in a plan that contains goals, objectives, projects and activities that address solutions to
neighborhood problems and offer opportunities to im prove the quality of life in the designated area. The
process should create both short-term and long-term goals and objectives so that residents can see some
successes in the short term while continuing to pursue and achieve long-term goals.
2. Identification of activities and programs to accomplish locally identified goals such as code
enforcement; improved educational opportunities; reduction in crime; neighborhood revitalization and
preservation; provision of infrastructure needs, including mass transit and multi-modal linkages; and
mixed-use planning to promote multi-functional redevelopment to improve both residential and
commercial quality of life.
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3. Demonstration of local government and community commitment to comprehensively address
the urban problems within the Urban Infill and Redevelopment Area.
4. Identification of ways or incentives to keep i'esidents actively involved in the implementation of
projects after developing the plan.
5. A map depicting the geographic area or areas to be included in the designation.
6. Confirmation that the infiil and redevelopment area is within an area designated for urban uses
in the local government comprehensive plan.
7. A map of any existing enterprise zones, community redevelopment areas, community
development corporations, brownfields, downtown redevelopment districts, safe neighborhood
improvement districts, historic preservation districts, empowerment zones, or enterprise communities
located within the area proposed for designation as an Urban Infill and Redevelopment Area. There must
also be a framework for coordinating urban infill and redevelopment programs within the urban core.
8. A memorandum of understanding between the district school board and the local government
regarding public school facilities located within ~he Urban Infill and Redevelopment Area, to identify how
the school board will provide priority to enhancing public school facilities and programs in the designated
area, including the reuse of existing buildings for schools within the area.
9. Narrative that identifies each neighborhood within the proposed area, community preservation
an~ revitalization goals, projects identified through a collaborative and holistic community participation
process, and how projects will be implemented.
10. Narrative that identifies how the local government and community-based organizations intend
to implement affordable housing programs in the Urban Infill and Redevelopment Area, including, but not
rimit~ed to, economic and comm unity development programs administered by state and federal agencies.
11. Narrative identifying strategies for reducing crime.
12. If applicable, guidelines for adoption of land development regulations specific to the Urban
Infill and Redevelopment Area which includes, for example, setbacks, parking requirements, design
codes, streetscapes, sidewalks, and building facades.
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13. A map and identification of existing transportation concurrency exception areas, and any
relevant public transportation corridors designated by a metropolitan planning organization in its long-
range transportation plans or by the local government in its comprehensive plan for which the local
government seeks designation as a transportation concurrency exception area. For those areas,
describe how public transportation, pedestrian walkways, and bikeways will be implemented as an
alternative to increased automobile usage.
14. Identification and adoption of financial and local government incentives which the local
government will offer for new development, expansion of existing development, and redevelopment within
the designated area. Exam pies of incentives include: waiver of license and permit fees; waiver of local
option sales taxes; expedited permitting; waiver of delinquent taxes or fees to promote the return of
property to productive use; lower transportation impact fees for development which encourages higher
use of public transit, pedestrian, and bicycle
modes of transportation; prioritization of infrastructure spending in the urban infill an d redevelopment
area; and local government absorption of a developer's concurrency costs.
15. Identification of how activities and incentives in the area will be coordinated and what
mechanism the local government will use for the coordination.
16.
developed.
Identification of how partnerships with the financial and business community will be
17. Identification of the governance structure that the local government will use to involve
community representatives in the implementation of the plan.
18. Identification of performance measures to evaluate the success of the local government in
implementing the Urban infill and redevelopment plan. This shall include the establishment of baseline
data and the identification of indicators that will be used to measure neighborhood change.
TASKS
The Recipient will prepare a work plan that lays out the tasks, milestones, and schedule for completion of
the Urban Infill and Redevelopment planning process. The work plan shall be the mechanism for
determining on-time performance of the Recipient. The work plan can be amended by mutual agreement
between the Department's contract administrator and the Recipient.
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The Recipient will prepare quarterly reports that provide a narrative describing the work undertaken in the
quarter, an analysis of the percentage of work completed, any obstacles that delayed meeting a
milestone that occurred during the quarter, what actions were taken to overcome the obstacles, ancJ any
"good news" or success stories resulting from the planning activities. Quarter end dates are March 30,
June 30, September 30 and December 31. The quarterly reports can be enhanced with photographs and
may be sent to the Department's contract administrator by e-mail or hard copy. Informal monthly reports
will be made to the Department's contract administrator by telephone on or around the 15th of the month.
Schedule of Deliverables
Deliverable Due Date Payment
1. Delivery and approval of due on or before $25,000
work plan 30 days after execution
of Agreement
1. Delivery of Documentation due on or before June 15, 2001
on Establishment and 1st
Meeting of Stakeholders
$25,000
Delivery of Urban Infill and
Redevelopment Plan
due on or before
December 31, 2001
TOTAL
$50.000
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Attachment B: Special Conditions
The Recipient agrees to develop and engage in a collaborative and holistic community
participation process in which stakeholders are actively involved in the decision-m aking process
of designing and implementing the Urban Infill and Redevelopment Plan. This process includes a
visioning of the area before redevelopment decisions are made.
The Recipient agrees to em ploy a governance structure that engages and shares the decision-
making for designing, developing, and implementing the Urban Infill and Redevelopment Plan.
Public meeting notices and promotional materials will be sent to the Department's contract
administrator and to the Department's Division of Community Planning.
The Recipient agrees to adopt the completed Urban Infill and Redevelopment Plan by ordinance
and to amend its Local Comprehensive Land Use Plan to include the boundaries of the UIRA
should it choose to pursue an implementation grant under this program.
The completed Urban Infill and Redevelopment Plan will be submitted to the Department and will
constitute the Final Report. Should the~ planning process undertaken by the Recipient not result
in an Urban Infill and Redevelopment Plan, Section (9): Default; Remedies; Termination of this
Agreement shall apply.
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Attachment C: Applicable Statute and Rule
1. Rule Chapter Number 9B-69, Florida Administrative Weekly: Urban Infill and Redevelopment
Assistance Grant Program
2. 163.2511, Florida Statutes
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