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R99-113RESOLUTION NO. R99- 11'3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY. OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT AGREEMENT BETVVEEN THE CITY OF BOYNTON BEACH AND THE FLORIDA DEPARTMENT OF STATE, 1999-2000 CULTURAL FACILITIES PROGRAM GRANT (NO. 2K-9025) IN THE AMOUNT OF $94,552.00, PROVIDING FOR THE CONSTRUCTION OF AN AMPHITHEATER AND TWO OUTDOOR HANDICAPPED EQUIPPED RESTROOMS ON THE SITE OF THE 1913 SCHOOLHOUSE MUSEUM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach applied for this grant in January, 1998, to broaden the cultural programming opportunities In conjunction with the renovation of the 1913 Schoolhouse; and WHEREAS, this grant was awarded based on the recommendation of the Florida Arts Council and funding by the State Legislature; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the citizens of the City of Boynton Beach to accept a grant from the Flodda Department of State, in the amount of $94,552.00; and WHEREAS, the City intends to utilize this grant money to construct an amphitheater and two outdoor handicapped equipped restrooms on the site of the 1913 Schoolhouse Museum; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby authorizes and directs the Mayor and City Clerk to execute an agreement between the City of Boynton Beach and the Florida Department of State, accepting a grant in the amount of $94,552.00. A copy of the agreement is attached hereto as Exhibit "A.' Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 7 day of September ,1999. ATTEST: 920 ='//////, ra~)a~j~ies Program Grant Vice Mayor Mayor Pro Tom Commissioner AGREEMENT BETWEEN STATE OF FLORIDA, DEPARTMENT OF STATE AND CITY OF BOYNTON BEACH This Agreement is by and between the State of Florida, Department of State, hereinafter referred to as the "Department," and the City of Boynton Beach, hereinafter referred to as the "Grantee." The Grantee has been awarded a Cultural Facilkies Program grant by the Department, grant number 2K-902.~, for the project "1913 Schoolhouse Museum and Amphitheater," in the amount of $94,552.00. Unless there is a written notice of change of address, any notice required by this Agreement shall be delivered to: Florida Department of State Division of Cultural Affairs The Capitol Tallahassee, Florida 32399-0250 for the Dep~uh~ent, and to City of Boynton Beach, 208 South Seacrest Boulevard, Boynton Beach, FL 33435, for the Grantee. In consideration of the mutual covenants and promises contained herein, the parties agree as follows: (1) Grant: (a) The Grantee shall, prior to the disbursement of funds: L Sign a Grant Award Agreement and agree to comply with its terms; and 2. Provide an update of the project narrative and budget, hereafter referred to as Attachment A, and perform the work described therein. Attachment A shall be attached hereto and made a part of this Agreement. The Grantee agrees to return the signed Grant Award Agreement and Attachments to the Division of Cultural Affairs within 60 days after the receipt of the Grant Award Agreement. A Grant Award Agreement which is not signed by the Grantee and returned within 60 days shall be considered declined by the Grantee. (c) Along with the Grant Award Agreement and Attachments, the Grantee shall complete an Assurance of Compliance and Signature Authorization Form (Form CA2E049) and return all the above to the Division. (d) The Grantee shall not obligate state funds until the date on which this Agreement is fully executed. (e) The Grantee shall maintain not-for-profit eligibility as a public entity or a tax- exempt Florida corporation as determined at the time of application. (2) CashRelease: To initiate a release of grant funds, the Grantee must: 1. Complete a Request for Warrant (Form CA2E001) and submit it to the Division of Cultural Affairs. The amount requested by the Grantee shall not exceed the anticipated expenditures for the project within 90 days or the mount permitted in (2)(b) or (c) below, whichever is less. 2. Submit a Schedule of Expensas using Cultural Facilities Report Form CA2EO48. The Schedule of Expenses shall include actual project expenses · paid to date; including expenses charged to both match and state grant funds. (b) If advance payment of grant funds is approved by the Office of the Comptroller, the payment schedule shall be subject to any special conditions stipulated by that Office. In the case of Cultural Facilities grants, grant funds shall be released in accordance with the Project Completion Schedule, provided by the grantee, and attached as Attachment B. Certification of completiun of each phase of the project must be received by the Division prior to the release of any funds for subsequent phases of the project. (d) Request for Warrant forms received fi.om Grantees who are not in compliance with the repoffmg and interest payment requirements of this Agreement or any other past or present grant award agreement with this Division or any other Division within the Department of State, shall not be processed for payment until the compliance issues are resolved. (3) Investment of Crrant Funds. The Grantee shall invest any surplus grant funds in an interest bearing account pursuant to Section 216.181(15)(b), Florida Statutes, and the interest earned on such investments shall be returned to the Department quarterly. (a) In the event the interest accrued is less than $100 within any quarter, payment may be deferred until the next quarter when the interest accrued to date totals $100 or more. All interest accrued and not yet paid tothe Department, regardless of amount, must be submitted with either the Interim Status Report, due July 31, or the Final Report, which is due 45 days following completion of the project. If interest is accrued from the investment of state funds and that accrued interest is $100 or more for any quarter, the Grantee shall: 1. Send the accrued interest, for the period of July 1st through September 30, to the Department. The interest is due October 31; Send the accrued interest, for the period October 1st through December 31, to the Department along with the Interim Status Report, which is due January 31; 3. Send the accrued interest, for the period January 1st through March 31, to the Department. The interest is due April 30; Send the accrued interest, for the period April 1st through June 30 to the Department along with either the Interim Status Report, due July 31, or the Final Report, which is due 45 days following completion of the grant and match activity described in Attachments A & B. Should the project not be completed by June 30 and state funds continue to be invested, all interest accrued shall be returned quarterly to the Department in accordance with the schedule stated in this paragraph. (4) Project Status Reporting Requirements: The Grantee agrees to provide to the Division a series of reports according to the following schedule using Cultural Facilities Report Form CA2E048: (a) Interim Status Report by January 31, 2000, for the period ending December 31, 1999; (b) Interim Status Report b3' July 31, 2000, for the period ending June 30, 2000; (c) Interim Status Reports shall be submitted in addition to any Schedule of Expenses as described in section (2) of this Agreement. (d) Should the project not be completed by June 30, interim status reports shall continue to be submitted as above until completion; and (e) Final Report within 45 days of cumpletion of the project. The project shall be considered to be complete when all grant and match dollars as described in Attachment A have been expended. (5) Expenditures: (a) All expenditures must be directly related to the purpose of the grant as specified in Attachment A. Funds are intended for expenditures directly related to renovation, construction, or acquisition of the designated cultural facility. Expenditures for general operafmg expenses (such as but not limited to salaries, 3 CA2EO3$, ~ 8/99 travel, personnel, office supplies, etc.) are not allowable. Payment for costs associated with representation, proposal, and application preparation shall not be made with funds provided under this Agreement. Payment for costs for lobbying the Legislature, the judicial branch, or any state agency shall not be made with funds provided under this Agreement. If the Grantee finds it necessary to expend state dollars for allowable project costs as described in the 1999-2000 Cultural Facilities Program Guidelines, and for work not described in Attachment A, the Grantee shall submit a completed Grant Amendment Request (Form CA2E047) to the Department for approval before the work is started. If the Grantee expends state dollars for non-allowable costs as described in the 1999-2000 Cultural Facilities Program Guidelines, or for work not described in Attachment A, the Department shall have the right to terminate this Agreement and demand the remm of all or a part of any funds already delivered, or withhold funds fi.om subsequent grants. Factors which will be considered by the Department in making this decision include: the amount of state dollars spent for non-allowable costs, the percent of the grant funds represented by state dollars spent for non-allowable costs, and whether the expenditure of sta~;e dollars for non-allowable costs was intentional or merely a clerical error. (d) Reimbursement by the State for travel expenses is:not allowed under this Agreement. (e) Payment for expenditures incurred prior to the execution of this Agreement shall not be made with funds provided under this Agreement. (0 All grant funds and required match shall be expended on the work described in this Agreement by April I, 2001. If the Grantee cannot expend the funds by April 1, 2001, the Grantee shall submit a Grant Amendment Request (Form CA2E047) which must be received by the Department not later than 30 days prior to the expenditure date. Funds provided under this Agreement shall not be used for planning purposes, including preliminary and schematic drawings, and design development documents necessary to carry out the project. Funds provided shall not be used for projects which are restricted to private or exclusive participation, which shall include restricting access on the basis of sex, race, religion, national origin, disability, age, or marital status. (6) Matchin¢, Funds. For the purposes of this Agreement, matching funds will be defined and governed as follows: C~EO3S, ~ff. 8/99 (a) Matching funds shall directly relate to the specific construction work to be done as described in Attachment A and shall not be operational funds. (b) Matching funds will be clearly accounted for through documemation maintained at the Grantee's office. Match must consist of at least 50% cash as described 1999-2000 Cultural Facilities Program Guidelines. Documemation of in-kind contributions shall substantiate fair market value. (c) Matching funds for the grant shall not consist of state dollars from any source, nor shall matching funds claimed for any other state grant be allowed to match this grant. (d) Matching funds may have been expended prior to the start date of this Agreement as long as they are clearly a part of the project described in Attachment A. (e) The Grantee shall provide $2.00 in matching funds for every $1.00 of state funds received under this Agreement. (7) Undisturbed Use and Access: The grantee shall maintain undisturbed use of the property as described in Attachment C: Restrictive Covenants, attached hereto and made a part of this Agreement. The Division may, from time to time, require certification from the Grantee or the property owner that the lease is in full force and effect, that it has not been modified or terminated, and that the Grantee is not in default of the lease's terms and conditions, or in the case of an owner/grantee, documentation ofunrestricted ownership. Failure to provide such certification shall constitute a default hereunder which shall give the Division the right to terminate this Agreement and demand the return of all or a pan of any funds already delivered, or withhold funds from subsequent grants as provided in paragraphs 4(a) and 4Co) of Attachment C:. (8) Notices. Schedules and Soonsorshin. All publications, media productions, and exhibit graphics concerning the project shall include the following statement in the same size, type, style, and location as credit to major donors to the project: "This project is sponsored in pan by the State of Florida through the Florida Department of State, Division of Cultural Affairs, and the Florida Arts Council." (9) Grant Amendment Requests. The Grantee agrees to file, in a timely manner and before the fact, a Grant Award Agreement Amendment Request for any and all changes in work, including completion dates, other general information, and changes in dollar amounts, as described in this Grant or Attachment A. Changes involving only authorized personnel, contact person, or address may be accomplished through the Administrative Change Notice (Form CA2E051). (10) Project Extensions: 5 CA2F.,O38, ~'. g/99 (.) gncumbrance Date: If the Grantee finds it necessary to request an extension of the encumbrance date for a single phase project or a multiphase project, the extension shall not exceed 120 days for any single phase project or 120 days for any phase ora multiphase project. (b) Expenditure Date: If the Grantee finds it necessary to request an extension of the expenditure date for a single phase project or a multiphase project, the extension shall not exceed 120 days for any single phase project or 120 days for any phase of a multiphase project. (11) Changes in Proiect Scope or Venue: No changes in project scope or venue shall be permitted. (12) Proiect Completion: (a) The project shall be considered to be complete when all gram and match dollars as described in Attachment A have been expended. (b) The Grantee shall encumber all fiands prior to June 30, 2000 unless a completed Grant Amendment Kequest form submitted by the Grantee for the extension is approved in advance by the Department. To encumber all funds means that the Grantee has executed one or more contracts with involved panics for all work to be accomplished with grant funds. (c) Upon completion of the project as described in Attachment A, a Final Report shall be submitted to the Department within 45 days of the completion of the project (13) Post Audit: The Grantee, if not a state agency, shall submit to an audit to be performed in accordance with the rules of the Auliitor General promulgated pursuant to Section 11.45, Florida Statutes, or submit an attestation statement. Such audit or attestation statement shall be filed with the Department in accordance with Section 216.349, Florida Statutes, and Chapter 10.6, Rules of the Auditor General. Audit reports shall contain a schedule of State financial assistance and a written compliance report. The following minimum information shall be shown on the schedule of State financial assistance: (a) Florida division grantor and program title (b) State contract/grant number (c) Grants and aid award amount (d) Grant expenditure amount The grantee shall submit an audit report or reports to cover expenditures for the entire amount of the grant award. 6 C,a.2EO~8, eft. g/99 (14) Audit or Attestation Submission. Audits shall be submitted within six months of the close of the Grantee's fiscal year for each fiscal year which includes the receipt or expenditure of funds received under this Agreement. Attestation statements shall be submitted with the Final Report. (15) Accounting Reauirements. The Grantee shall maintain an accounting system which provides for a complete record of the use of all grant and matching funds. This accounting system shall provide for: (a) The accounting system utilized must be able to specifically identify, and provide audit trails which trace the receipt, maintenance, and expenditure of state funds; (b) Records that identify adequately the sources and application of funds for all activities related to the grant. These accounting records shall classify and identify grant funds by the same budget categories as approved in the grant application. In cases where grantee's accounting system accumulates data in a different format than required by the program guidelines, subsidiat3r records should be used to document and reconcile amounts shown in the grantee's accounting records to amounts reported to the Division. (c) An interest beating checking account or accounts in a state or federally chartered institution shall be used for revenues and expenses as described in Attachment A. This account shall be used solely for grant expenditures. Any use other than this purpose will be considered to be a violation of this contract; (d) The name of the account or accounts shall include the grant award number; (e) Effective control oVer and accoun~tability for all funds, property, and other assets; and Accounting records that are supported by source documentation and are in sufficient detail to allow for a proper pre-audit and post-audit (such as invoices, bills, and canceled checks). (16) Retention and Availability_ of Accounting Records: Financial records, executed construction or other project related contracts, supporting documents, interest documentation, statistical records, and all other records pertinent to the grant shall be retained for a period of five years aider the filing of the Final Report. If any litigation or an audit is started, or claim made, before the expiration of the five year period, the records shall be retained until the litigation, claim, or audit questions involving the records have been resolved or for five years, whichever is longer. (b) The Grantee shall make all grant records of expenditures, copies ofrepotts, books, and related documentation available to the Department or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts, and transcripts. (c) The State of Florida shall cancel this Agreement, and the Grantee shall be obligated to return, in full, the grant amount in the event of such cancellation, should the Grantee refuse 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 (17) Entire A_m'eement. 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 communication, representation, or Agreement, either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. (18) Govemin~Law: (a) The 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 of the State of Florida. Each party shall perform its obligations hereunder in accordance with the Terms and conditions of this Agreement. Co) If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder of the Agreement shall remain in full force and effect and such term of provision shall be deemed stricken. (19) Conforrnitv. 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 taws of the State of Florida, (20) No Discrimination. Grantee will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, race, religion, color, disability, national origin, marital status, or sex. The Grantee shall insert a similar provision in all subcontracts for services by this Agreement. (21) Termination of A~reement. The Department shall terminate this Agreement because of failure of the Grantee to fulfill its obligations under this Agreement or any other past or present grant award agreement with this Division or any other Division within the Department of State in a timely or satisfactory manner. Satisfaction of obligations 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. If the default is not cured bythe Grantee within the stated period, the Department shall terminate this 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 completed in accordance with this Agreemant prior to the notification of termination. Grant funds previously 8 CA2EO3~ettl. 8~9 advanced and not expended on work completed in accordance with the agreement shall be returned to the Department, with interest, upon termination of the agreement. (22) 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 fight, 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. (23) Revenue Shortfall. The State of Florida's performance and obligation to pay under this Agreement is 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 ora State revenue shortfall, the total grant will be reduced accordingly. Such termination shall not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. (24) Attorney Fees. The Department shall not be liable to pay attorney fees, interest, or cost of collection. (25) Liability: (a) 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. Co) The Grantee agrees to be responsible for 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, and subcontractors. Unless the Grantee is a State agency or subdivision of the State, the Grantee agrees to indemnify and hold the Deptu tment 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 understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. (d) Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increase the limits of its liability, upon entering into this contractual relationship. (26) Independent Capacity of Gramee. The parties hereto agree that the Grantee, its officers, agents, and employees, in performance of this Agreemem, shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the Depar~mem. Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of 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 Departmem. (27) Non-Assimament. The Grantee shall not assign, sublicense, or otherwise transfer its rights, duties, or obligations under this Agreement Without the prior written consent of the Department, which consent shall not be unreasonably Withheld. The Agreement transferee must also demonstrate compliance with the requirements of the pro,ram. If the Department approves a transfer of the Grantee*s obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties, and obligations of the Dep~uu~ent to another governmental entity pursuant to section 20.06 Florida Statutes, or otherwise, the fights, duties, and obligations under this Agreement shall also be transferred to the successor governmental entity as if it were an original party to the Agreement. (28) ~ 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 or the Florida Department of State. (29) Historic Preservation. In accordance with Section 267.061(2)(a) and (b), the grantee will agree to submit information to the Department of State, Division of Historical Resources, Bureau of Historic Preservation, for determination of historic significance of the project. This will be completed prior to the release of state funds covered under this Agreement. Should the Bureau of Historic Preservation deem the facility to have historic significance, the release of state funds will occur when the Bureau notifies, in writing, the Division of Cultural Affairs that the Grantee has satisfied the requirements communicated to the Grantee by the Bureau. Should the facility not be deemed to be of historic significance, release of state funds will be governed by other sections within this Agreement. (30) The Organization must meet the standards of the Americans with Disabilities Act of 1990. l0 eft. g~99 In acknowledgment of Grant Number 2K-~025, provided for from funds appropriated in the 1999 Appropriation Act, in the amount of $94,552.00, City of Boynmn l~ach, certifies that each section has been read and agrees to comply with the requirements set forth in this Grant Award Agreement, and to carry out the work described in Attachment A, attached hereto and made a part of this Agreement. Department of State: By: Secretary of State Witness Date Grantee: .× Authorizing Official* Gerald F. Broenqng: Mmynr Typed name and t~le wit.s 09-08-99 *If the anthorizing official signing above on behalf of the grantee orpnmaUon president of the board, another anthorized board member or other equivalent offid~ such individual must sign below. On behalf of the board of directors, trustees or commission which governs the Grantee, I hereby acknowledge awareness of; and agree to comply with, the conditions of this Agreement. ~Signatur Gerald F. Broenin~. Mayor Typed name and title 09-08-99 Date ~PHOV~D A8 TO FORM ATTACItlM~.NT C: RF~TRICTIVE COVENANTS The following Restrictive Covenants shall be included in all grant award agreements: TttESE COVENANTS are entered into this __ day of ,19 by hereinafter referred to as "the Owner," and City of Boynton Beach, hereinafter referred to as "the Grantee/Lessee," and shall be effective for a period of ten years from the date of recordation by the Clerk of the Circuit Court of Palm-Beach County, Florida. Wl~.REAS, the Owner is the fee simple rifle holder of the Property located at: Florida, as described in Exhibit A, attached to and made a part hereof, and WB'I~REAS, the Grantee/Lessee is to receive Cultural Facilities Grant Program funds administerod by the State of Florida, Depa~'h~ent of State, Division of Cultural Affairs, 1001 DeSoW Park Drive, Tallahassee, Florida 32301, hereinafter referred to as "the Department," in the amount of $94.552.00. to be used for the renovation/construction/purchase of the facility situated on the property of the Owner as described in Exhibit A, and WI~.REAS, said State funds will be expended for the purpose of: < 1913 Schoolhouse Museum and Amnhitheater > (DCA Ref. F2K-9025) Now TI~.R~lrORE, as pm of the consideration for the State gx~t, the Owner and the Grantee/Lessee hereby make and declare the following restrictive covenants which shall mn with the title to said Property and be binding on the Owner and its successors in interest, if any, for the period stated in the preamble above: 1. The Owner and the Grantee/Lessee agree to maintain the property so that it continues to be used for a cultural facility as defined by the annual guidelines. 2. The Owner and the Grantee/Lessee 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. 3. The Owner and the Grantee/Lessee 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 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 remm of the entire grant amount. b. If the violation occurs after the first five years, the Depa~iment shall be entitled to return of the entixe grant amount, less 10% for each year past the ftrst 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 entltied to return of 80% of the original grant amount. 4. The Owner agrees to file these covenants with the Clerk of the Circuit Court of Palm Beach County, Florida, and shall pay any and all expenses associated with their filings and recording. 5 The Owner and Grantee/Lessee agree that the Department shall incur no tax liability as a result of the,se restrictive covenants. 2 IN W1TN~S WHEREOF, the Owner and Grant Recipient have read these Restrictive Covenants and have hereto affixed their signatures. Witness Signat~ Witness Name Typed/Printed 100 East Bovnton Baaeh RmHovmra Owner's Address Witness Signature Boynton Beach, FL 33435 City State Zip ' 'Witness/lq'me Typed/Printed ' The State of Fmdda County of Executed and sealed by me at ~ ~ I certify that on this date before ~me, an officer duly autho?zed in the state and county named above to take acknowledgments, that ~C~L~. ~. 4~LPl~)[6 ~ personally (N~e) appearedas /~ for ~/ ~ ~z~q ~ .~L~C4z~ '(Ot~icer) '(N~ne of C~orporation/Partnership) known to me to be or prov~l to my satisfaction that he/she is the person described in and who executed the foregoing instrument. TypeofIdent~at~on. Proauc~ /~.~~:~ ~/~ Notary Pdb'lJ'c m and for My commission expires: [SEAL] ,~l~My Commi~..~o~ CC64~5~ IN WITNESS WI4m~OF, the Owner and Grant Recipient have read these Res~ctive Covenants and have hereto affixed their signatures. Witness Signat~ Witness Name Typed/Pdnted 100 East Bovnton Beach Grant Recipient's Address wimess Signature Boynton Beach, FL 33435 City State Zip Witness'Na~e Typed/Printed The State o~Rlorida County of I certi~ that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, that ~-~?~r[c{ 3. /~/2~9e~1/14~ personally /('Niine oi' Corporation/Partu~rshlp) known to me to be or 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 t~, ~. , 1999 Notary Publi~ in and for The State of Y~ My commission exPires: [SEAL] 4 B(DYNTON BEACH IqlD · OLD ~._HOOL DIVISIONS OF FLORIDA DEPARTMENT OF STATE FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State MEMBER OF THE FLORIDA CABINET July 15, 1999 Mrs. Virginia Farace City of Boynton Beach Boynton Beach City Library 208 South Seacrest Boulevard oy,to, a h, As Florida's Chief Cultural Officer, it is a pleasure to notif~ you that you have been awarded $94,552.00 for Grant l'~umber 2K-9025 under the Depa_.-~nent of State's 19994000 Cultural Facilities Program. This program provides matching grants to not-for-profit org~ni=afions to support capital projects for cultural facilities in Florida. Each grant is awarded by the Department of State based on the recommendation of the Florida Arts Council and funding by the Legislature. The Division of Cultural Affairs will contact you with del~il,~ reg-adin§ the funding and administrative requirements of the Cultural Facilities Program. If you have any question, please call Mx. Donald Blancett at 850/487-2980. Congra~ tic r scn this~ Secretary of State The Capitol * Tallahassee, Florida 32399-0250 · (850) 414-5500 http://www.dos.state.fl.us CITY OF BOYNTON BEACH Grant Number 2K-9025 ATTACHMENT A PROJECT NARRATIVE UPDATE This Florida Department of State 1999-2000 Cultural Facilities Program Grant allows for the construction of an amphitheater and outdoor restrooms adjacent to the 1913 Schoolhouse children's museum located in downtown Boynton Beach. The first element of this single-phase project has been fulfilled with the completion of the construction to restore the building. Completion of the restoration reflects City of Boynton Beach matching funds that have been expended prior to the start date of this Agreement and that are required to meet the 2 to 1 match for this grant. Since this grant was submitted, the State Department of Transportation, Palm Beach County Commission, the Federal Government, private developers and taxpayers of Boynton Beach have invested millions of dollars and begun/completed construction to rejuvenate 1.5 square miles of the downtown area of which this property is the wastem anchor. These components include construction of a new bridge, extensive streetscape improvements, additional historic sites restoration, drainage improvements and a marina district which will enhance the existing public library, art center, playground and historic children's museum. Slight modifications of this grant are anticipated. They may include the following: · Adjust the site layout of the amphitheater to make better use of natural shade and to assure better viewing of public events · Relocate the outdoor restrooms on the site so they do not detract from the handsome open green space · Consider the construction schedule for the Ocean Avenue Redevelopment Project, GALA 2000 and the opening for the 1913 Schoolhouse Museum as we determine the timeline for this project BUDGET The original budget designated $4,200 for bike racks that have already been placed on site from other funding sources. Reallocation of these funds will be submitted for approval through the standard Grant Amendment Request procedure. CITY OF BOYNTON BEACH Grant Number 2K-9025 ATTACHMENT B PROJECT COMPLETION SCHEDULE July 15, 1999 September 7, 1999 By September 13, 1999 3 weeks later 2-3 weeks 4-6 weeks 4 weeks 2-3 weeks Flodda Department of State notification of $94,552.00 award for Grant Number 2K-9025 City of Boynton Beach Commission meeting approving the Grant Award Agreement Signed Grant Award Agreement and Attachments due to the Florida Department of State Await word on fully execUted Agreement Organize a Project Team consisting of architect, facilities manager and museum personnel to review project components Consider how the construction schedule for the Ocean Avenue Redevelopment Project, GALA 2000 and the opening for the f gf 3 Schoolhouse Museum will affect this project as we finelize the timeline Process and release a Request for Proposal All proposals due in for review,, selection and recommendation of a COntractor Submit a reCOmmendation to the City of Boynton Beach Commission for bid award and sign a COntract Receipt of COntractor bond insurance, etc. before releasing notice to proceed Groundbreaking and construction begins DMSIONS OF FLORIDA DEPARTMENT OF STATE Office of International P. ahtio~ FLORIDA DEPARTMENT OF STATE Katherine Harris Secretmy of State DIVISION OF CULTURAL AFFAIRS MEMORANDUM TO: FROM: DATE: RE: Cultural Facilities Program Grant Award Recipients Donald R. Blancett, Division of Cultural Affairs July 14, 1998 Grant Award Package Enclosed are two 1999-2000 Cultural Facilities Program Grant Award Agreements (GAA) and two Restrictive Covenants. The following is a step-by-step procedure for completing and submitting the Grant Award Agreemems, Attachments A and B, and the Restrictive Covenants (Attachment C): SI'EF 1: Review each provision of the Agreement. The Agreement contains specific language regarding how the program will be funded and managed. An authorized official of your organization must sign the Agreement (see the enclosed Assurance of Comofiance and Si~ature Autho~zation FormS. Remember, you can not reimburse yourseff with grant funds until the Agreement has been fully executed; so please re, mm the Agreement as soon as possible. Note: Sign both Agreements on page 11. Do not make any other changes in the Agreements or alter the Agreements in any way. S'rP_~P 2: In adda'fion to the signed Agreement, you are requi~d to submit: 1. A completed Attachment A. Attachment A is generated by the org~niT~tion. It is an up- dated budget and nanative of the application. Include any modifications in the narrative or budget for the Division's review. When approved, Attachment A will become part of the Agreement. Reminder to municipalities and counties: If you submitted a resolution or minutes from a commission meeting as part of your matching funds statement, funding must be made available within 60 days from the date of the grant award letter signed by the Secretary of State. FLORIDA-STATE OF THE ARTS The Capitol * Tallahassee, Florida 32399-0250 · (850) 487-2980 FAX: (850) 922-5259 * TT: (850) 488-5779 * http-d/www.dos.state.fl.us Grant Award Agreement Package luly 14, 1999 Page 3 to the execution of the Grant Award Agreement. NEW THI.~ YEAR: Each Request for Warrant, after the~ first one, must be accompanied by a Schedule of Expenses (see Section 2a of the GAA). Use the Report Form financial page. The Schedule of Expenses must include actual project expenses paid to date, including expenses charged to both match and grant funds. If you need an advance payment, call me. Other important documents in the grant award package: Assurance of Compliance and Simmture Authorization Form (CA2E059). Complete and Return one of the two signed originals. Keep the second signed original for your fries. Please read the form carefully before you sign. Only the individuals who sign this form will be permitted to sign-off on wpoxts and grant amendment requests. Administrative Change Notice (CA2E051). This form is the mechanism that you use to keep the Division informed of any administrative changes that affect the specific proposal for which you have been funded. Any time you make a change in the organiTation's name, address, phone number, authorizing official, or contact person you am required to file an Admini,qtrafive Change Notice. Grant Amendment Request (CA2E047). A GAR is the mechanism by which a grantee may make changes to the originally funded proposal activities or budget. Your signature on the Agreement constitutes your acceptance of the grant award. If you wish to change the originally funded proposal activities, budget, encumbrance date, or expenditure date, you must file a GAR before you make the chan~e to legally amend the Agxeement with the State of Florida. Should you implement a substantial change in a program without prior written approval, the unapproved activity and related expenses will be disallowed. See Section 10, Project Extensions, in the Grant Award Agreement. Report Forms (CA2F. I}48). Please see Section 4 of the Grant Award Agx~ment for reporting requirements. All grantees must file cumulative Interim Reports at six-month intervals until the project is completed (new this year). A project is considered to be complete when all grant and match dollam, as described in Attachment A. have been expended (see Section 4e). A Final Report must be submitted no later than 45 days afXer the official ending of your project. You will receive more detailed information on reporting requirements at a later date. Requ_ est for Warrant. A Request for Warrant is the form used to request a check for the grant funds which have been set aside to support your program or project. You are responsible for submitting the Request for Warrant. Grant funds are payable in four quarterly payments. You may request up to 25 % of the Wtal grant award each quarter. However. you should not request more mant funds than you can expend within a 90 day period (see Section 2 of the INSTRUCTIONS FOP. THE COMPLETION OF THE RESTRICTIVE COVENANTS Two signed original Restrictive Covenants must be submitted with the two ori_glnal Grant Award Agreements. First Paragraph that begins: THESE COVENANTS are entered into... Instructions: Leave this section blank. The Division will complete it when the Grant Award Agreement is executed. Second Paragraph that begins: WI417REAS, the Owner is fee simple titleholder of the property located at: Instructions: Type name. stl~t address, City, State, and Zip code of the property to which improvements will be made. Third Paragl~ph that begins: ~, the Grantee/Lessee is to receive... Instructions: This paragraph references Exhibit A. ~ is the legal description of the p~oerty. Attach Exhibit A to the Restrictive Covenants. Do not make any changes in the Restrictive Covenants document. Changes could delay the apprOval of the GAA. Fourth Paragraph that begins: WHEREAS, said State fimds... Instructions: This is your Pl~ject Title as referenced in the application. Do not make any changes tO the Project Title. Signature Paees: There are two types of signature pages. 1. A signature page for use if the grantee is the owner of the property. If the grantee is also the owner of the property, then use the signature page on which the owner is the signatory. The signature page must be signed, witnessed, and notarized. 2. A signature page for use if the ~rantee is leasing the property. If the grantee leases the property (i.e., not the owner), then both signature pages must be signed, witnessed, and notarized. The grantee must sign the page on which the Grant Recipient is the signatory, and the owner must sign the page on which the Owner is the signatory. Witness Si _.ature-: Two individuals must witness the signature Of the owner and/or grant recipient as appropriate. Include the complete address of the owner/grant recipient. Nota~'_ Public: If signatures are required for both the owner and the gram recipient, then all signatures (i.e., both signatures on both originals) must be notarized. ASSURANCE OF COMPLIANCE AND SIGNATURE AUTHORIZATION FORM By signing this form, the Grantee certifies that the documents enclosed in the Grant Award package have bean read and fully understood. · The Grantee ia required to comply with ali terms and conditions 0uti[ned in the documents roi'erred to above. The undersigned assures compliance on behalf o~the Grantee. This compliance includes assurance that adequate procedures will be in place to collect statist[cai information required for reporting purposes in the mcst accurate and re!iable method possible. These Authorizing Officials have the authority to enter into contractual agreements on behalf o~' the organization. Only those individuals signing below or their successors of similar rank may sign other documents relating to this grant. ~) TITLE cf organization head authorized to ~1'GN-ATUR~ enter into contractual agreements for the organization, DATE TYPED NAHE OF AUTHOP~ZE.D OFF'LC[AL TITLE cf any official delegated authohty in absence of officio[ listed in #1 above. 2) SIGNATURE DATE TYPE~ NAHE OF O,~'"[C~AL wJ'r'H Dc'CF. GATED AU'THOiq_rTy Confirmation of Grant Contact Person: Please note the name of the grant contact parson as it appears on the grant award lea:er. '~' ' = .... ~" '~ ..- ~h,s p=, .- ........ ..,. contact: person for this grant:? Yes __ ftc __ if No, please indicate new co~lCac'c person: Check One Hr. Mrs.' 'Pr'PED NAME OF GRANT CONTACT PEP,5ON 4) $[GNATUR. E DATE Should the former contacl: person be deleted f'~m other current grant: records? Yes No Confirmation of Address: Please nots the address as it appears on the award letter. TS this me con'act address? Ye.~ Ne __ If No, indicate new address: #C,.A2.~0Sg, eft' 8/9~.. The C~pit=l ASSURANCE OF COMPLIANCE AND SIGNATURE AUTHORIZATION FORM 1) By signing this form, the Grantee certifies that the documents enclosed in the Grant Award package have been read and fully understood. The Gran~;ee is required to comply with ail terms and conditions outlined in the documents referred to above. The undersigned assures compliance on behalf cf the Grantee. This compliance includes assurance that adec!uate procedures will be in place to collect statistical information required for reporting purposes in the mcat accurate and reliable method possible. - These Authorizing O~'ficials have the authority to enter into contractual agreements on behalf oi'the Organization, Only those individuals sfgning below or their successors ct' similar rank may sign other documents relating to this TITLE cf organization head authorized to "' enter into contractual agreements for the organization. DATE 3) TYPED NAME OF AUTHOP~ZED QF'F'JC'ZAL TITLE of any official delegated suthohty in absence cf official listed in #1 above. SIGNATURE DATE TYPE~ NAME OF O~'~C..[AL WTT'H DELEGATED AUTHOR_tTY Confirmation of Grant Contact Person: Please note the name of me grant contact: person as it: appears on the grant award ie~a:', is this pe~cn ~!~ %he contact: person for mis grant? Yes No I~ No, please indicate new cont;a~ person: Check One Mr,__ Mrs, 'TYPED NAME OF GRANT CONTACT PEP,50N 4) SIGNATURE DATE Should the former contect person be deleted from omar curt'ant grant records? Yea __ No __ Confirmation of Address: Please note me address es it appears on the award letter, ~ mis fie correct address? No, indicate new address: No Date: Organization Name: Address:, ADMZNZSTRATWE CHANGE NOTZCE City: Zip: Please make the following changes to the grant award agreement(s): l. Organization Name (must provide state and federal documents) Change from:. Change to: Se Organization address and/or telephone number Change from: Change to: Grant Contact Pemon D All open grants [] These grants only. Change from: [] Check if this pemon is still with tho organization a~d should receive other DCA mailings New Contact Signature Organization Head [] All open grants [] These grants only Change from: [] Check if this peman is still with the organization and should receive other DCA mailings New Organization Head Signature Official with delegated authority All open grants [] These grants only Change from: Check if this person is still with the organization and should receive ot~er DCA mailing~ New Delegated Signature Signature of person submitting notice (must be previously authorized official or organlzaUon head): Typed Name and Title: DCA USE ONLY Notice approved for processing and database change~ made (initial end stamp): CA2EOSX, eft 8199 Applicant: DIVISION OF CLrLTIYRAL AFFAIRS - CULTURAL FACrLVFrKg PROGRAM GRANT ANrE'~ID1VIKNT REQUEST FORM SEND TWO COMPLETED FORMS TO THE DIVISION Proj~t Title: Colltact Person: Address: City: State: Zip Code: Telephone: ( ) Date: Permission is hereby requested to make the followin~ chanse(s) in the Sram referenced above: I. PRO~ECT DOLLARS ** Please complete the following, citing change in actual award amount. If this amount is reAuced from the amount orlginally grantad, matching dollars should be adjusted as follows. Matching dollars, in I i.~, B. for the purposes of this form must be on a 2:1 basis to the award amount in Line A. The total cost of work must equal the total of Line A plus Line B. A. Total Amount of Cultural Facilities Award B. Confn'med Matching Funds 2:1 to Amount Awarded C. TOTAL Project Cost PROJECT NARRATIVE (Use specific wording as stated in original Exhibit A description or a previously approved amendment request.) Change From: Change To: Effect on Project: CA2EO47, elf. 8/99 III. F;ROJECT BUDGET CHANGE FROM A. Cultural Fac'~ties Program (this grant) Matching Fund~: Total Private Support Total In-kind Private Support Total Corporate Support Total In-kind Corporate Support Total Local Government Support Total In-kind Local Government Support TOTAL PROJECT INCOME CHANGE TO CHANGE FROM MATCH STATE B. EXPENSES Land Acquisition Building Acquisition Architectural Services General Requirements Site ConsU'uction Concrete Masonry Metals Wood and Plastic Thermal and Moisture Protection Doors and Windows Finishes. Specialties F. quipment Furnishings Specmi Construction Conveying Systems Mecbanlcal CHANGE TO MATCH STA'I'I~ TOTAL PRO/F~CT I~XFI~-DnI.IPI~-sl (Should equal Total Project Income) CA2E047, elf. 8199 IV'. OTH'F~R CHA.NGF_,S (i.e., Project dates [ex: cncumbranc~ & exl~nditur¢ dates], Gmat Extension R~Clu~ts.) CHANGE FROM: CHANGE TO: REASON(S) FOR CHANGE: $1~nature ('Must also appear on Assurance of Complianc~ Typed Nan~ and Dat~ and Signamr~ Authorization Form filed with Division) Change No. Approved: Date: Yes FOR DMSION OF CULTURAL AFFAIRS USE ONIJY No Approved: Yes No Grants Off~:er Director, DCA CA2E047, elf. 8/99 Interim or Final Grant Number: Organi?ation Name: DEPARTM~.NT OF STATE DIVISION OF CULTURAL AFFAIRS CULTUR.a& FACILITIES PROGRAM REPORT FORM Report (Circle One) Reporting Period: Total Grant Award: $ to Project Title: INTER_L-~ RE RTS: means reports that axe submitted at required intervals (refe'r to the award agreement) and include cumulative narrative and cumulative financial information on the status of the grant m of the end of the reporting period. ~ REPORT: mee~ the report that is submlttext no later than 45 days following the expenditure daf--, The report includes a fial cumulativ~ narrative and final cumulative financial data on the expenditures of grant ant1 match, funds. I. WORK ACCOMI°LISl~.B (in accordance with the project narrative in Attachment A) CALF.,048, ¢i~'. ~199 ri. SCI:rI~.DULE OF EXPENSES A_ND INCONIE (in accordance with project budget in Attachment A) A. EXPENSES (Actually p~lD, not projected or enc-mbered. This itemization mt~t correspond to narrative in Section 1 of this report) MATCH STATE LAND ACQUISITION* BUILDING ACQIJISITION* ARCKITECTURAL SERVICHS G~ REQUIRENmNTS S~'~ CONSTRUCTION CONCRETE MASONRY 1VfETALS WOOD AND PLASTIC TY-~-~ AND MOISTURE PROTECTION DOORS AND WINDOWS SPECIALTIES nQun m rr P~JRNISHINGS SPECIAL CONSTRUCTION CONVEYING SYS't'~i$ M~CHANICAL ~.~ .~.CTRICAL SUBTOTALS OF EXPENSES CONTINGENCY (not part of match) TOTAL PROJECT EXPENDITURF_~MATCH+STATE (SHOLrLD EQUAL TI-IE TOTAL PROIECT INCOMtl C.~.EO4g. eft. g.'99 B. INCOME (Actually RECEIVED to date) CULTURAL FACILITIES PROGRAM (This Grant) MATC~G FUNDS (see page 24) Total Private Support (Cash) Total In-Kind Private Support Corporate Support (Cash) Total In-Kind Corporate Support Total Local Government Support (Cash) Total In-Kind Government Support Total Federal Government Support (Cash) Total In-Kind Federal Goverument Support Applicant Cash TOTAL MATCH TOTAL PRO~ECT INCOME (match + grant request) (SHOULD EQUAL TH~ TOTAL PRO~ECT EXPENDITURES) HI. INTEREST a) Amount earned since last interest report b) Cumulative interest to date c) DOCUMENTATION ENCLOSRD: Bank Statements Financial Statements CIRCLE ONE Yes No Yes No C~2.E048, cfi. 8/99 IV. SIGNATURES (Each signature block below must be completed. If the same individual is se~ing in more ~'--"~ one capacity, he must sign in each.capacity.) I affh'm, under penalty of perjury, that this report presents an accurate and complete description of the grant aciivity within the report dates above, and that the conditions of the grant have been complied with. Signature of Organization Head (Must also appear on A.ssm-~aace of Compliance Ired Signature Authorization Form filed with the Di~sion) Typed Name and Title Date NOTE: Grants greater than $25,000 require an independent CPA attestation or audit which must be submitted in addition to this report. I certify that this repor~ represents an accurate and complete description of the grant activity within the report date~ above. Signature of Architect, Engineer, or Contractor (as appropriate) Typed Name and Title Date CA2.E04$, eft. 8;99 To: DMSION OF CULTURAL AFFAIRS CULTURAL FACI~ PROGRAM The Capitol Tallahassee, FL 32399-0250 850/487-2980 REQUEST FOR WARRANT d) Grant Numben 2K-9025 City of Boyn~n Beach Boynton Beach City Library a) Name of Payee 208 South Seacrest Boulevard Boynton Beach, FL 33435 h) Address ATT~: Mrs. V'wginia Farace Phone: ($$1) 375-6380 Federal Employer ID Numbe~. F596000252 f) Total Grant Amount g) Prior l~yments h) pal*ace to Dat~ i) THIS PAYMENT j) B*!~ R~maining (DCA use only) $94.552.00 Fund ID Category Eac.# Pay. # Vendor ID F596000282 Inv.# o~ I~o o~mcr cfi AMOUNT D~cription CS BF ORG BF EO BF Obj Date Inv. R¢'d Date Goods Insp. RF Cat Date Goods Rc'd Start Date 00000000