R99-144RESOLUTION R99- Idd
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AN AMENDMENT TO PAGE ONE OF
THE PALM BEACH COUNTY DEVELOPMENT
REGIONS CORE GRANT AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach recently entered into an
Development Regions Grant Agreement with Palm Beach County
(CORE Grant); and
WHEREAS, Palm Beach County, through its attorney, has
requested the City to endorse two changes to page one of the
Development Regions Core Grant program, which changes are not
substantive, but merely housekeeping changes; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
OF THE CITY OF BOYNTON BEACH, FLORIDA,
COMMISSION
THAT:
Section 1.
The Mayor is hereby authorized and directed to
execute an amendment to the Development Regions Core Grant:
program, a copy of which is attached hereto as Exhibit "A".
Section 2 This Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this ~ day of Seteb~, 1999.
ATTEST:
Mayor Pro Tem
Commissioner
(Corporate Seal)
Administration/Economic Development
Coordinator's office
RO. BOX 1989
West Palm Beach, FL 35402-1989
(561) 355-3624
FAX: (561) 555-6017
wwvq to.palm-beach.fi.us
P~m Beach County
Board of County
Commissioners
Maude Ford Lee, Chair
~Varren H. Newell, Vice Chairman
Carol A. Roberts
County Administrator
Robert Weisman
PALM BEACH COUNTY
ECONOMIC DEVELOPMENT OFFICE
MEMORANDUM
Date:
To:
From:
Re:
October 13, 1999
Development Regions (DR) Grant Program Applicants for Round III
Pamela Nolan, Economic Development Specialist
Notification of changes in the wording of the DR contract
The Attorney's Office has made a few minor changes in the wording of the first
page of the Development Regions Grant Agreement. Please review the highlighted
areas.
On page 1. first pm-agraph, last line - deleted.
"duly created and operated pursuant to Chapter 163, Florida Statutes"
On page 1. section I. sub-section B - wording changed
The wording of the amount or jobs required has been changed to a more descriptive
statement. The meaning remains the same.
By signing below, you will be accepting the changes. Please FAX ASAP to (561)
355-6017. If you have questions, please feel free to call me at (561) 355-6835.
Date
The contracts will be presented before the BCC November 2, 1999.
t_ /(1.(4
R99 20 770
PALM BEACH COUNTY DEVELOPMENT REGIONS
CORE GRANT AGREEMENT
THIS AGREEMENT is made as of °' ` 199 by and between Palm
Beach County, a political subdivision of the State of Florida, by and through its Board of
County Commissioners, hereinafter referred to as County, and the City of Boynton Beach,
a public body corporate and politic, 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
A. Grantee shall contract with one or more qualified entities to perform certain
redevelopment activities as more specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference. Grantee shall cause that the
redevelopment activities contemplated by this Agreement to be completed
in accordance with the terms of this Agreement. Grantee agrees that it shall
be solely liable to County for performance under this Agreement, and that,
in the event of default, Grantee shall, as more specifically set forth
hereinafter, refund to County the Grant Award. Grantee hereby certifies that
it is authorized by law to be so bound.
B. Grantee shall cause, as a direct result of the activities set forth in Exhibit A
to this Agreement, the creation of at least six (6) full -time jobs and one (1)
part-time job in Palm Beach County within thirty six (36) months subsequent
to the Effective Date of this Agreement. The grant award per full -time job
is $10,000. The grant award per part-time job is $5,000. The total grant
award shall not exceed $65,000. In the event the Grantee fails to create, or
cause to be created, all of the aforementioned jobs, Grantee shall refund to
County the amount equal to the grant award per job, multiplied by the
number of positions not created. Grantee shall provide evidence,
satisfactory to County, substantiating the number, dates and salaries of all
jobs created in Palm Beach County. Such evidence must be provided within
thirty -eight (38) months subsequent to the Effective Date of this Agreement.
For the purposes hereof, a full -time job shall mean employment for a
minimum of 2080 hours per year and a part-time job shall mean employment
for a minimum of 1040 hours per year, paying a salary equal to or better than
the minimum wage as determined by the Department of Labor. For the
purposes of this Agreement, the term salary means wages, gratuities,
salaries, commissions, bonuses, drawing accounts (against future earnings),
prizes and awards (if given by an employer for the status of employment),
vacation pay, sick pay, and other payments consistent with the Florida
Department of Labor and Employment Security definitions, paid to
employees.
C. 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, that Grantee has satisfied the terms and conditions of this
Agreement, or caused the same to be satisfied. Grantee may provide to
County this verification at any time following satisfaction of such terms and
conditions, but not later than the expiration of the thirty eighth (38) month
subsequent to the Effective Date of this Agreement. In the event Grantee
fails to create the required jobs, or provide the aforementioned verification
within the permitted times, Grantee shall refund to County the portion of the
grant award paid by County to Grantee for each job not created, or verified.
D. Grantee shall immediately notify County of any material change of
circumstances at the business(es) identified on Exhibit A hereto. For the
purposes hereof, material change of circumstance shall include, but not be
limited to, the failure of the business(es) to diligently and actively pursue
fulfillment of the terms hereof, the sale or transfer of more than 10% of the
assets or stock or ownership interest in the business(es), the suspension
closing or cessation of operation of the business(es), voluntary or involuntary
bankruptcy or an assignment for the benefit of such business(es) creditors.
In the event of a material change of circumstances, County shall have the
right to terminate this Agreement, whereupon County shall have no further
obligation to Grantee under this Agreement. Any Agreement entered into
between Grantee and such business(es) shall require such business(es) to
immediately notify Grantee and County of a material change of
circumstances and shall inform such business(es) of the potential for
termination of funding in the event of a material change of circumstances.
Grantee shall use reasonable diligence to monitor the business(es) to insure
that no material change of circumstances occur at such business(es) which
County is not informed of and shall certify to County the absence of same at
the time of any requests for payment hereunder.
II. PAYMENT PROCEDURES, CONDITIONS
A. Upon satisfaction of conditions set forth herein, County shall pay Grantee a
grant award of $65,000 (the "Grant Award "). Grantee shall only be entitled
to receive the Grant Award available under this Agreement in reimbursement
of expenses related directly to the work as set forth on Exhibit A, for the
eligible types of expenditures which are identified on Exhibit B to this
Agreement, which is attached hereto and incorporated herein by reference
(the "Eligible Expenses "). To be eligible for reimbursement, such expenses
must be:
1. incurred on or after July 27. 1999; and
2. incurred not more than twenty four (24) calendar months subsequent
to the Effective Date of the Agreement;
B. Requests for payment of Eligible Expenses incurred after the Effective Date
of this Agreement shall be submitted to County, and shall be accompanied
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by proper documentation as determined by County in its sole discretion. 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 its absence, in writing, and furnish copies thereof. In the case of
invoices that have not first been paid by Grantee, Grantee shall certify to the
County that each invoice presented for payment relates directly to work
satisfactorily completed in accordance with this Agreement.
C. Requests for payment of Eligible Expenses 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 of Eligible Expenses by the expiration of the twenty
sixth (26) calendar month following the Effective Date of this Agreement,
then County's obligation under this Agreement shall automatically terminate,
thereby relieving County hereto of any future obligations hereunder.
D. If the Grantee fails to comply with any of the provisions of this Agreement,
the County may withhold, temporarily or permanently, all, or any, unpaid
portion of the Grant Award upon giving written notice to the Grantee,
terminate this Agreement and /or demand a refund of the Grant Award and
the County shall have no further funding obligation to the Grantee under this
Agreement.
E. 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.
F. Termination of this Agreement by County shall relieve County of any further
obligation hereunder. Such termination shall not release Grantee from its
obligations hereunder, including, without limitation, those relating to
verification of jobs created and refunding any unearned portion of the Grant
Award. Any portion of the Grant Award which is to be repaid to the County
pursuant to this Agreement is to be repaid by delivering to the County a
cashier's check for the total amount due, payable to Palm Beach County,
within ninety (90) days of the County's demand therefor.
G. Nothing contained herein shall be construed as limiting or waiving any rights
of 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 rights
in the event the Grantee fails to comply with the terms of this Agreement.
III. COUNTY'S DEFAULT
A. In the event that the County fails to comply with the terms of this Agreement,
then Grantee shall provide the County with notice detailing the nature of the
default, whereupon County shall have 30 days within which to initiate action
to correct the default and 90 days within which to cure the default.
B. In the event that the County fails to cure the default, Grantee shall have the
right to seek specific performance of the terms hereof or to terminate this
Agreement. The Effective Date of the termination shall be the date of the
notice of termination.
IV. REPORTING REQUIREMENTS
Commencing six (6) months following the Effective Date of this Agreement, Grantee
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shall submit to County semi - annual reports satisfactory to County in its sole
discretion in the format set forth on Exhibit C, attached hereto and incorporated
herein by reference. These reports shall be submitted no later than thirty (30) days
following completion of each reporting period. The final semi - annual report shall be
submitted to the County no later than the thirty- eighth (38) month following the
Effective Date of this Agreement. All grant payments made pursuant to this
Agreement shall be contingent on the receipt and approval of the semi - annual
reports required by this paragraph. Failure of Grantee to submit satisfactory reports
shall entitle County to terminate this Agreement and demand a refund of the Grant
Award.
V. MAXIMUM GRANT AMOUNT
In no event shall the reimbursements made to Grantee pursuant to this Agreement
exceed the maximum total Grant Award of sixty -five thousand dollars ($65,000).
VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS
The County may have an audit, a financial system analysis and /or 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.
VII. PERFORMANCE
The parties expressly agree that time is of the essence with regard to performance
hereunder and failure by Grantee to complete performance within the times
specified, or within a reasonable time if no time is specified herein, shall, at the
option of the County, in addition to any other of the County's rights or remedies,
relieve the County of any obligation under this Agreement.
VIII. 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, imposed against or incurred by County, which 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 sole negligence or willful misconduct
of the County, its respective agents, servants employees or officers, nor shall the
liability limits set forth in section 768.25, Florida Statutes, be altered or waived due
to the foregoing indemnification. This paragraph shall survive the expiration or
termination of the Agreement.
IX. PUBLIC ENTITY INSURANCE REQUIREMENTS
It shall be the responsibility of the Grantee to provide evidence of the following
minimum amounts of insurance coverage or legal liability protection:
4
A. The Grantee shall procure and maintain through the term of this contract
Worker's Compensation & Employers Liability insurance up to the statutory
limits specified by Florida Statute 440.02. Notwithstanding the number of the
employees or any other statutory provisions to the contrary the Worker's
Compensation insurance shall extend to all employees and volunteers.
B. Without waiving the right to Sovereign Immunity as provided by Florida State
768.28 the Grantee acknowledges that it is self insured under State
Sovereign Immunity Statues with coverage limits of $100,000 Per Person
and $200,000 Per Occurrence or such monetary waiver limits as may from
time to time during the term of the contract be set forth in the State
Sovereign Immunity Statues, which the County recognizes as acceptable
regarding General Liability and Automobile Liability.
C. Without waiving the right to Sovereign Immunity or any other statutory
provisions to the contrary, the Grantee acknowledges and agrees in the
event the County is named in any legal action as a result of or relating to this
Agreement, the Grantee shall respond with all the necessary defense of the
County and provide payment of all judgements and costs against the County
in the same manner and to the same extent as if the County were identified
as an Additional Insured on the Grantee's self - insurance program.
D. A signed Affidavit or Certificate of Insurance, evidencing that required
insurance coverages have been procured by the Grantee in the types and
manner required hereunder shall be transmitted to the County prior to the
Grantee performing any operations under the terms of the contract. Further,
said Affidavit or Certificate(s) of Insurance shall unequivocally provide thirty
(30) days written notice to the County prior to any adverse change,
cancellation, or non- renewal of coverage thereunder. All insurance must be
acceptable to and approved by the County as to form, types of coverage and
acceptability of the insurers or self - insurance funds providing coverage. The
Grantee acknowledges and agrees the Grantee's self- insurance program will
be Primary, and the County's self- insurance program will be Excess.
X. AVAILABILITY OF FUNDS
The County's obligation to pay under this Agreement is contingent upon annual
appropriation for such purpose by the Board of County Commissioners.
XI. REMEDIES
The remedies herein conferred are intended to be exclusive of any other remedies.
XII. CIVIL RIGHTS COMPLIANCE
The Grantee warrants and represents that all of its employees are treated equally
during employment without regard to race color, religion, disability, sex, age,
national origin, ancestry, marital status, or sexual orientation and warrants and
represents that no person shall, on the grounds of race, color, sex, national origin,
disability, religion, ancestry, marital status, or sexual orientation be excluded from
the benefits of, or be subjected to any form of discrimination under any activity
carried out by the performance of this Agreement.
XIII. 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
5
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.
XIV. ENTIRE AGREEMENT
The County and the Grantee agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or understandings
other than those stated herein. None of the provisions, terms and conditions
contained in this Agreement may be added to, modified, superseded or otherwise
altered, except by written instrument executed by the parties hereto.
XV. CONSTRUCTION
No party shall be considered the author of this Agreement since the parties hereto
have participated in extensive negotiations and drafting and redrafting of this
document to arrive at a final Agreement. Thus, the terms of this Agreement shall
not be strictly construed against one party as opposed to the other party based
upon who drafted it.
XVI. SURVIVAL
The parties warranties, agreements, covenants and representations set forth in this
Agreement shall survive the expiration or termination of this Agreement.
XVII. ASSIGNMENT
Grantee may not assign this Agreement or any interest herein without the prior
written consent of County, which may be granted and is withheld at County's sole
and absolute discretion.
XVIII. GOVERNING LAW & VENUE
This Agreement shall be governed by, construed and enforced in accordance with
the laws of the State of Florida. Venue in any action, suit or proceeding in
connection with this Agreement shall be in a state court of competent jurisdiction in
Palm Beach County, Florida.
XIX. BINDING EFFECT
This Agreement shall be binding upon, and shall inure to the benefit of, the parties
hereto and their respective legal representatives, successors and assigns.
XX. EFFECTIVE DATE OF AGREEMENT
This Agreement is expressly contingent upon the approval of the Palm Beach
County Board of County Commissioners, and shall become effective only when
signed by all parties and approved by the Palm Beach County Board of County
Commissioners (the "Effective Date ").
XXI. HEADINGS
The paragraph headings or captions appearing in this Agreement are for
convenience only, are not part of this Agreement, and are not to be considered in
interpreting this Agreement.
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XXII. WAIVER
No waiver of any provision of this Agreement shall be effective against any party
hereto unless it is in writing and signed by the party(s) waiving such provision. A
written waiver shall only be effective as to the specific instance for which it is
obtained and shall not be deemed a continuing or future waiver. No single or
partial exercise by any party of any right, power, or remedy hereunder shall
preclude any other or further exercise thereof.
XXIII. NOTICE
All notices and elections (collectively, "notices ") to be given or delivered by or to any
party hereunder, shall be in writing and shall be (as elected by the party giving such
notice) hand delivered by messenger, courier service or Federal Express, or
alternately shall be sent by United States Certified Mail, with Return Receipt
Requested. The effective date of any notice shall be the date of delivery of the
notice if by personal delivery, courier services or Federal Express, or if mailed, upon
the date which the return receipt is signed or delivery is refused or the notice
designated by the postal authorities as non - deliverable, as the case may be. The
parties hereby designated the following addresses as the addresses to which
notices may be delivered, and delivery to such addresses shall constitute binding
notice given to such party:
Michael Tarlitz, Economic Development Coordinator
P.B.C. Governmental Center, 10th Floor
301 North Olive Avenue
West Palm Beach, Florida 33401
(561) 355 -3624
and if sent to the Grantee shall be mailed to:
Dale S. Sugarman, Enterprise Operations
City of Boynton Beach
100 E. Boynton Beach Blvd. P.O. Box 310
Boynton Beach, FL 33425 -0310
(561) 742 -6456
Any party may from time to time change the address to which notice under this
Agreement shall be given such party, upon three (3) days prior written notice to the
other parties.
(Remainder of this page was left blank intentionally)
7
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: PALM BEACH COUNTY, FLORIDA
DOROTHY H. WILKEN, Clerk BY ITS BOARD OF COUNTY
Board of County Commissioners COMMISSIONERS
By. By: - 7ef•e/ orct
Deputy Clerk Chair
vNT • d "'1 R 9 9 20 7 l D o 2 is
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C 11.IN T y ;,f) •
ATTEST. ` " } CITY OF BOYNTON BEACH
`f BY ITS BOARD OF COMMISSIONERS.
By: - By. Lad •
itle Chair
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By /.
o nt A orney
H \0R3- GrantAgree 99 wpd (8/26/99)
8
EXHIBIT A
City of Boynton Beach
Each business project or revision to previously approved projects in the budget allocations
relating thereto shall require prior approval of the Palm Beach County Economic Development
Office. Upon approval of the Overall Economic Development Program Committee, the
Economic Development Office will be authorized to make changes in the budget allocations
for approved projects or to reallocate funding to other projects.
Project: The City of Boynton Beach's Facade/Interior Improvement Project Funds will be offered
on a competitive basis to existing, new and relocated business applicants to assist with facade and
building interior improvements. Business commitments must be made within 180 days of contract.
This program fits with the existing Visions 20/20 master plan for the community.
Site Location: Central Business District Area and expanded Community Redevelopment Area.
Total Cost: $81,250 + To Be Determined (TBD)
County Funds: $65,000
Municipality /CRA Funds: $16,250
Private Funds: TBD
Contact: Dale Sugarman
561 -742 -6456
EXHIBIT B
LIST OF ELIGIBLE ACTIVITIES
1 Acquisition of real property. 5. Construction of new buildings
2. Expansion of existing property. 6. Renovation of existing buildings.
3. Providing payment of impact fees. 7. Site development assistance.
4. Facade improvement programs.
(Reimbursements will not pay architectural or attorney fees /retainers or deposits on goods not
received.)
EXHIBIT C
SEMI- ANNUAL REPORT FORM
Please Circle the Round /Contract Year:
ROUND 1 (1996 -97) ROUND II (1997 -98) ROUND III (1998 -99)
Name of Applicant:
Name of Project:
Start Date:
Completion Date:
Semi - Annual Period for this Report:
1999 June December
2000 June December
2001 June December
Funding Spent by Source for this 6 months: Cumulative Expenditures for Project:
County
Municipality / CRA / CDC
Business
Total
Do not include in -kind in the above information. Matched local cash (Municipality / CRA /
CDC) may include cash values of the following:
Waiving of Utilities and Water /Sewer Hookup Costs;
Waiving of City's Occupational License Fees; and
Donation of land, buildings and easements.
Status of Project : Please circle the appropriate current status level of your project and
explain briefly.
(A) Site Development (B) Land Acquisition (C) Rehabilitation /Construction (D) Completed
What will be Accomplished in the next 6 months?
Total Employment:
New Jobs Created As of Contract Date:
Start Date Title /Position Hours/Week Wage /Hour
H semi -dev doc