R08-069
II ,
1 RESOLUTION NO. R08 - obq
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE
5 THE MEMORANDUM OF UNDERST ANDING AND
6 SUPPORTING DOCUMENTS FOR SENIOR CENTER
7 FIXED CAPITAL OUTLAY STATE GRANTS AND AIDS
8 BETWEEN THE CITY OF BOYNTON BEACH AND THE
9 STATE DEPARTMENT OF ELDER AFFAIRS FOR
10 CAPITAL IMPROVEMENTS TO THE BOYNTON BEACH
11 SENIOR CENTER; AND PROVIDING AN EFFECTIVE
12 DATE.
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14 WHEREAS, the City of Boynton Beach has been awarded a matching grant of
15 $71,497.00 from the Florida Department of Elder Affairs for mitigation and safety
16 'improvements tot he Senior Center; and
17 WHEREAS, the City of Boynton Beach will have until April 30, 2010 to complete the
18 improvements to the Senior Center; and
19 WHEREAS, the City Commission of the City of Boynton Beach, upon
20 recommendation of staff, deems it in the best interest of the citizens and residents to authorize
21 he Mayor to execute a Memorandum of Understanding and supporting documents for the
22 Senior Center Fixed Capital Outlay program.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 eing true and correct and are hereby made a specific part of this Resolution upon adoption.
27 Section 2. The City Commission of the City of Boynton Beach hereby authorizes
28 he Mayor to execute a Memorandum of Understanding and supporting documents for the
29 enior Center Fixed Capital Outlay program between the City of Boynton Beach and the State
:ICAIRESO\AgreementsIGrantsISenior Center (MOU - Grant).doc
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1 of Florida Department of Elder Affairs, a copy of which is attached hereto as Exhibit "A".
2 Section 3. This Resolution shall become effective immediately upon passage.
3 PASSED AND ADOPTED this ~ day of June, 2008.
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6 CITY OF BOYNTON BEACH, FLORIDA
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22 ATTEST:
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S:ICAIRESO\AgreementsIGrantsISenior Center (MOU - Grant).doc
City of Bovnton Beach ROB-Db"
(Recipient's Name)
(Project: Boynton Beach Senior Center)
and
State of Florida
Department of Elder Affairs
MEMORANDUM OF UNDERSTANDING
FOR
Senior Center Fixed Capital Outlay
State Grants and Aids
THIS MEMORANDUM OF UNDERSTANDING, entered into this _ day of ,
20_, by and between the State of Florida, Department of Elder Affairs, hereinafter referred to
as the "department," and City of Boynton Beach hereinafter referred to as the "recipient."
WITNESSETH:
WHEREAS the State of Florida, Department of Elder Affairs, by authority granted in Chapters
20, 216 and 430 of the Florida Statutes, administers state funds appropriated by the Florida
Legislature, and
WHEREAS $9,100,000 was appropriated by the Florida State Legislature to the department in
Line Item 501 of Fiscal Year 2007-2008 General Appropriations Act, Section 3-Human Services,
grants and aids to local governments and non-state entities - fixed capital outlay grants and
aids- senior citizen centers from general revenue fund, and
WHEREAS City of Boynton Beach has received $71.497.00 for Boynton Beach Senior Center
in Palm Beach County, and
WHEREAS there is a need to provide a facility for provision of fixed capital improvement to
construct, repair and maintain Florida's senior centers in order to fulfill legislative intent, and
WHEREAS the department has received from the recipient the attached Exhibit A (approved
Letter of Intent or Facility Program) for the development and provision of fixed capital
improvement for projects to construct, repair and maintain Florida's senior centers.
IT IS THEREFORE agreed between the department and the recipient as follows:
I. THE RECIPIENT AGREES:
A. Services to be Provided
To plan, develop and accomplish the projects described in Exhibit A and
activities specified in LB. of this Memorandum of Understanding or otherwise
cause the planning, development and accomplishment of such projects and
activities.
B. Manner of Provision of Services
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See Exhibit A, Letter of Intent or Facility Program
C. State Laws and Requlations
1. To obtain all supplies and services for use in the performance of this
Memorandum of Understanding at the lowest practicable cost and to
purchase by means of a system of competitive bidding wherever required to
do so by law, or whenever practicable even if not required by law.
2. To comply with all state licensing standards, all applicable standards, criteria
and guidelines of the department.
D. Civil Riqhts Requirements
1. The Recipient assures compliance with:
a. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et
seq., which prohibits discrimination on the basis of race, color, or national
origin.
b. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C.
794, which prohibits discrimination on the basis of disability.
c. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C.
1681 et seq., which prohibits discrimination on the basis of sex.
d. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq.,
which prohibits discrimination on the basis of age.
e. Section 654 of the Omnibus Budget Reconciliation Act of 1981, as
amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of
race, creed, color, national origin, sex, disability, political affiliation or
beliefs.
f. The Americans with Disabilities Act of 1990, P.L. 101336, which prohibits
discrimination on the basis of disability and requires reasonable
accommodation for persons with disabilities.
g. All regulations, guidelines and standards as are now or may be lawfully
adopted under the above statutes.
2. The recipient agrees that compliance with these requirements constitutes a
condition of continued receipt of or benefit from funds provided through this
Memorandum of Understanding, and that it is binding upon the recipient, its
successors, transferees and assignees for the period during which services
are provided or obligations under this Memorandum of Understanding
continue. The recipient further assures that all contractors, subcontractors,
sub grantees, or others with whom it arranges to proVide services or benefits
to participants or employees in connection with any of its programs and
activities are not discriminating against those participants or employees in
violation of the above statutes, regulations, guidelines and standards.
E. Audit and Records
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1. To maintain complete, accurate and adequate financial records and reports
relating to funds received under this Memorandum of Understanding and
expenditures made with those funds.
2. To maintain books, records, documents including electronic storage media
and the evidence and accounting procedures, practices and internal controls
which sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Memorandum of Understanding.
3. All records shall be subject at all times to inspection, review, copying or audit
by authorized state personnel and other personnel duly authorized by the
department.
4. To include these aforementioned audit, in Exhibit B and record keeping
requirements in all approved subcontracts and assignments.
F. Retention of Records
To retain all financial records, supporting documents, statistical records and any
other documents including electronic storage media pertinent to this
Memorandum of Understanding for a period of not less than six (6) years after
the ending date of this Memorandum of Understanding. If audit findings have not
been resolved at the end of the six (6) year period, the records shall be retained
until resolution of the audit findings. State auditors and any persons duly
authorized by the department shall have full access to, and the right to examine
any of the said materials at any time during regular business hours.
G. Status Reports
To provide the Department with monthly status reports. Monthly status reports
are due by the 15th day of each month. The report will be numbered sequentially
and shall reference the MOU number and project name. Detail should be
sufficient so that the department has a clear understanding of the project status
during the reporting period. The report shall also include anticipated
expenditures for the next three months.
H. Indemnification
The recipient agrees to be liable for all claims, suits, judgments, or damages,
including court costs and attorney's fees, arising out of the negligent or
intentional acts or omissions of the recipient, and its agents, subcontractors and
employees, in the course of the operation of this Memorandum of Understanding.
Further, the recipient agrees to indemnify the department against all claims,
suits, judgments, or damages, including court costs and attorney's fees, arising
out of the negligent or intentional acts or omissions of the recipient, and its
agents, subcontractors, and employees, in the course of the operation of this
Memorandum of Understanding. Also, the recipient agrees to defend the
department, upon receiving written notification from the department, against all
claims, suits, judgments, or damages, including costs and attorney's fees, arising
out of the negligent or intentional acts or omissions of the recipient and its
agents, subcontracts, and employees, in the course of the operation of this
Memorandum of Understanding. In no event shall the recipient be liable for or
have any obligation to defend the department against such claims, suits,
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judgments or damages, including costs and attorney's fees, arising out of the
sole negligent acts of the department.
I. Publicity and Public Notice
All notices, informational pamphlets, press releases, research reports and similar
public notices referencing the construction, repair and/or maintenance of this
building and prepared and released by the recipient shall include the statement:
"This project is funded under a Memorandum of Understanding with the State of
Florida, Department of Elder Affairs. "
J. Safequardinq Recipient Information
The recipient shall not use or disclose any information concerning the eventual
recipients of services under this Memorandum of Understanding for any purpose
not in conformity with state and federal regulations, as determined by the
department, except on written consent of the recipient of services, recipient of
services' attorney, or recipient of services' responsible parent or guardian.
K. Monitorinq
The recipient shall permit department personnel or representatives to monitor the
projects that are the subject of this Memorandum of Understanding.
L. Public Access
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 recipient in conjunction with this Memorandum of Understanding.
M. Security Interest
1. By signing this Memorandum of Understanding the recipient acknowledges
and agrees that its acceptance of funds for the purpose of construction,
repair and/or maintenance of the property (or facility, building, etc.) is also
subject to the conditions set forth below. The recipient agrees to grant a
security interest in the property in an amount equal to the pro rata portion of
the state's investment to the current fair-market value for repair and/or
maintenance upon completion, or its proportionate share of the cost of the
construction, but under no circumstance shall the security interest be less
than the amount of state funds provided by this Memorandum of
Understanding.
2. The department's interest shall commence at the time the funds are
transferred to the recipient and shall be proportionately amortized and
subsequently vacated over a 20-year period. The recipient may request that
the department relinquish its interest sooner if circumstances arise and if the
department finds that early retirement is in the best interest of the state. The
decision to approve such a request is the exclusive determination of the
department and shall not be reviewable by any court or administrative forum.
3. The recipient shall notify the department in writing of the date of completion
of construction, repair or maintenance and shall maintain a copy of the
notification in its files together with a written acknowledgment of the
department's receipt of the notification of completion. The recipient must
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notify the department in writing a minimum of 30 days prior to any change in
the equitable ownership of the property and agrees that, if it or its successors
in interest dispose of the property before the department's interest is
completely satisfied, the recipient will refund the proportionate share of the
state's investment. In the event the recipient fails to notify the department a
minimum of 30 days prior to any change in the equitable ownership of the
property, or fails to notify the prospective new equitable owner of the
existence of the department's interest, the recipient shall forthwith and
immediately refund to the state the total number of dollars transferred
pursuant to this Memorandum of Understanding.
4. As required by section 287.05805, Florida Statutes, the recipient agrees to
file a lien granting the department a security interest in the property at least to
the amount of state funds provided for at least five (5) years from the date of
purchase or the completion of the improvements.
N. Public Entity Crime
Pursuant to section 287.133, Florida Statutes, the following restrictions are
placed on the ability of persons convicted of public entity crimes to transact
business with the department:
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid, proposal, or reply on a
contract to provide any goods or services to a public entity; may not submit a bid,
proposal, or reply on a contract with a public entity for the construction or repair
of a public building or public work; may not submit bids, proposals, or replies 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 any
public entity; and may not transact business with any public entity in excess of
the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of
36 months following the date of being placed on the convicted vendor list.
II. THE DEPARTMENT AGREES:
A. Consultation
To furnish consultation and technical assistance to the recipient, if requested.
B. Method of Payment for Services
The following procedures for payment will apply:
1. In no event will payment be made under Section II.B. for matching grant
situations under the Memorandum of Understanding unless recipient
illustrates to the department that the project is fully funded with proper
matching funds as specified in the Letter of Intent or Facility Program.
2. Subject to the availability of state funds, the department shall award to the
recipient a sum not to exceed $71.497.00 during the term of this
Memorandum of Understanding.
3. In no event will payment be made by the department in excess of $71.497.00
as agreed upon by all parties to this Memorandum of Understanding.
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4. Payment shall be made as work is completed in accordance with Exhibit A
(approved Letter of Intent or Facility Program) and submission of invoice,
which is in Exhibit C of this MOU.
5. Payment shall be made in accordance with section 215.422, Florida Statute
and after the submission and approval of a complete and accurate invoice
and supporting documentation.
6. The department may advance parts or the whole of any advances before they
become due if it is agreed by the parties and advisable to do so and all such
advances or releases shall be deemed to have been made in pursuance of
this Memorandum of Understanding and not to be a modification hereof. The
making of any such advance, or any part of such advance shall not be
deemed an approval or acceptance by the department of the work therefore
done. Written justification for advancements must be documented on the
recipient's letterhead.
7. All sums advanced hereunder shall be used by the recipient solely and
exclusively for the purposes intended, to wit: fixed capital outlay project to
construct, repair and maintain Florida's Senior Centers.
8. Upon completion of the project, a final accounting will be made and any funds
not used in the completion of the project shall be returned to the department
within thirty (30) days after the final accounting report is submitted to the
department.
9. Any interest earned from advanced moneys shall be returned to the
department.
III. THE DEPARTMENT AND THE RECIPIENT MUTUALLY AGREE:
A. Effective Date
1. This Memorandum of Understanding shall be effective May 14. 2008, or on
the date in which the Memorandum of Understanding has been signed by
both parties, whichever is later.
2. This Memorandum of Understanding shall end on April 30. 2010.
B. Termination
1. Termination Because of Lack of Funds: It is agreed that in the event funds to
finance this Memorandum of Understanding become unavailable, the
obligations of each party, hereunder may be terminated upon no less than
twenty-four (24) hours notice in writing to the other party. Said notice shall be
delivered by certified mail, return receipt requested, or in person with proof of
delivery. The department shall be the final authority as to the availability of
state funds, and as to how any available funds will be allocated among
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recipients. Any payments advanced by the department are to be repaid as
described in Section II above.
2. Termination for Breach: Unless the recipient's breach is excused, the
department may, by written notice of breach to the recipient, terminate the
whole or any part of this Memorandum of Understanding in any of the
following circumstances:
a. If the recipient fails to provide services called for by this Memorandum of
Understanding within the time specified herein or any extension thereof;
or
b. If the recipient fails to perform any of the other provisions of this
Memorandum of Understanding.
c. Termination shall be upon no less than twenty-four (24) hours notice in
writing delivered by certified mail, return receipt requested, or in person
with proof of delivery. The recipient shall continue the performance of this
Memorandum of Understanding to the extent not terminated under the
provisions of this clause.
3. Waiver of Breach of any provision of this Memorandum of Understanding
shall not be deemed to be a waiver of any other or subsequent breach and
shall not be construed to be a modification of the terms of the Memorandum
of Understanding.
C. Termination Arranqements
After receipt of a notice of termination, and except as otherwise directed, the
recipient shall:
1. Stop work under the Memorandum of Understanding on the date and to the
extent specified in the notice of termination.
2. Place no further orders or contracts for materials, services or facilities except
as may be necessary for completion of such portion of work under the
Memorandum of Understanding as is not terminated.
3. Terminate all outstanding orders and contracts to the extent that they relate
to the performance of work that was terminated.
4. Prepare all necessary reports and documents required under the terms of the
Memorandum of Understanding up to the date of termination, including the
final report due upon completion of the Memorandum of Understanding, if
any, without reimbursement for services rendered in completing said reports
beyond termination date if said reports are not completed prior to termination
date.
5. Take any other actions as directed in writing by the department.
6. Immediately return all unexpended funds to the department.
D. Reneootiation or Modification
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Any alterations, variations, modifications, or waivers of provisions of this
Memorandum of Understanding shall only be valid when they have been reduced
to writing, duly signed by all parties hereto, and attached to the original of this
Memorandum of Understanding.
E. Name of Payee
The name of the official payee to whom the department shall issue warrants shall
be City of Boynton Beach. The payee's Federal Employer Identification Number
is 59-6000282.
F. Use of Funds for LobbYinq Prohibited
The recipient will comply with the provisions of section 216.347, Florida Statutes,
which prohibits the expenditure of grants and aids appropriations for the purpose
of lobbying the Legislature, the judicial branch or a state agency.
G. All Terms and Conditions Included in Memorandum of Understandinq
This Memorandum of Understanding and its incorporated attachments contain all
the terms and conditions agreed upon by the parties. No other agreements, oral
or otherwise, regarding the subject matter of this Memorandum of Understanding
shall be deemed to exist or to bind any of the parties hereto. In the event of a
breach or termination of this agreement, the recipient agrees to pay all costs of
collection of monies due to the department including a reasonable attorney's fee
and costs. Any real property purchased with funds paid pursuant to this
agreement shall be subject to a lien in favor of the State of Florida.
H. Attachments to be Part of Memorandum of Understanding
Exhibit A Approved Letter of Intent/Facility Program
Exhibit B Audit Attachment
Exhibit C Standard Budget Forms
DOEA 105f Receipts and Expenditure Report
DOEA 106f Request for Payment
DOEA 1 07f Senior Centers Statement of Use of Funds
Exhibit D Lien
I. Notice. Contact. and Payee Information:
1. The name. address. and telephone number of the contract manaqer for
the department for this contract is:
Department of Elder Affairs
Beverly Friedberq
4040 Esplanade Way
Tallahassee. Florida 32399
(850) 414-2000 SC 994-2000
2. The name. address. and telephone number of the representative of the
provider responsible for administration of the proqram under this contact is:
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City of Boynton Beach
Wally Maiors
100 E. Boynton Beach Boulevard
Boynton Beach. FL 33435
(561) 742-6255
3. In the event different representatives are desiqnated by either party after
execution of this contract. notice of the name and address of the new
representative will be rendered in writinq to the other party and said
notification attached to oriqinals of this contract
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IN WITNESS WHEREOF the parties hereto have executed this 10 page Memorandum
of Understanding, the day and year previously written.
RECIPIENT:
Ct~~ad,
As Witnessed By: By:
Name: I<.uf+ 6fe:SSner
KURT BRESSNER
Title: CITY MANAGER
BOYNTON BEACH, Fl
Date:
*QiW11A.ih()liN-EK* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
STATE OF FLORIDA
DEPARTMENT OF ELDER AFFAIRS ~
&:SedBY: 4 By: (,* '
t::;;: Name: f, DQ\:,~\a <, he (leI,
~ 4 b~-,=. Title: SU:(11~~
Date: \Q ~ ~
APPROVED AS TO FORM AND LEGALITY
General Counsel's Office
Department of Elder Affairs
By:---1~ -b W.vL--
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Revised August 2007
Attestation Statement
Agreement/Contract Number
Amendment Number
I, , attest that no changes or revisions have been made to the
(Recipient/Contractor representative)
content ofthe above referenced agreement/contract or amendment between the Department of Elder Affairs
and
(Recipient/Contractor name)
The only exception to this statement would be for changes in page formatting, due to the differences in
electronic data processing media, which has no affect on the agreement/contract content.
Signature of Recipient/Contractor representative Date
DOEA Contract Manager to initial and date indicating signatures/initials appropriate on all documents; ready
for DORA Secretary/designee signature
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initial date
Revised August 2007
EXHIBIT A
Attachment 2
Page 1 of 6
FY 2008
LETTER OF INTENT/FACILITY PROGRAM FOR CONSTRUCTION
TO: Department of Elder Affairs
4040 Esplanade Way
Room 315G
Tallahassee, FL 32399
FROM: City of Boynton Beach
Local Govemment or Nonstate Entity's Legal Name
ADDRESS: 100 E. Boynton Beach Bouleyard
Boynton Beach. Florida 33435
FEDERAL EMPLOYER NUMBER: 59-6000282
PROJECT CONTACT NAME: Wally Maiors. Recreation & Parks Director (561 )742-6255
Telephone Number
APPROPRIATION LINE ITEM NUMBER: DOLLAR AMOUNT: ~71.490
PROJECT TITLE: Boynton Beach Senior Center
PROJECT LOCATION: 1021 S. Federal Hiahway. Boynton Beach Palm Beach County
street city county
CONSTRUCTION: NEW ADDITION RENOVATION X
LAND PURCHASE BUILDING PURCHASE OTHER
PROPOSED DATE OF OCCUPANCY: Boynton Beach Senior Center opened in 1999.
Submitted: Local Government or Nonstate Entity (Recipient) Date
Reviewed: FCOP Committee Member Date
Reviewed: General Services, OMC II, Facilities and Leasing Date
Approved: Director, Division of Internal and External Affairs Date
Attachment 2
Page 2 of 6
LETTER OF INTENT/FACILITY PROGRAM
1. DESCRIPTION OF THE PROGRAM(S) WHICH WILL BE AFFECTED BY THIS APPROPRIA nON:
The renovations will ensure our senior citizens they have a place to go for the essential
services they need. The new roof will ensure rooms are open and ready to use, free from
leaks. The hurricane shutters will protect the windows and help ensure the facility will be
open and operational immediately after a storm. The new air conditioning system will help
keep the seniors cool and comfortable in healthy breathing enyironment. The front and
rear awnings will shade the senior citizens when they are waiting for transportation at the
entrance ways and also proYide a safe lobby entrance area in rainy weather. The
automatic handicap door openers and automatic flushers will assist the elderly with basic
self-care functions, easily entering and exiting the restroom's heavy fire rated doors and
automatically flushing the toilets and urinals. The public address system and video
surveillance cameras will provide for a safer and more secure environment for everyone.
2. DESCRIPTION OF THE SCOPE (SIZE) OF THE PROPOSED PROJECT:
The Senior Center Project is a renovation project. The following elements are included:
. Re-roof the facility (the City of Boynton Beach is using this as the match, this portion
of the project has been completed due to the immediate need)
. Purchase and install thirteen (13) Miami-Dade approved hurricane shutters
. Purchase and install a new air conditioning unit
. Replace the front awning and purchase and install a new awning at the rear
entrance
. Purchase and install a public address system throughout the facility
. Purchase and install automatic push buttons for restroom doors
. Purchase and install automatic flushing devices for all toilets and urinals
. Purchase and install five video surveillance cameras
Attachment 2
Page 3 of 6
LETTER OF INTEN/FACILlTY PR9GRAM
3. SCHEDULE OF PA YMENTS (PROJECTED DA TES) FOR VARIOUS STAGES OF PROJECT:
Date
a. Program submitted 11/20/07
b. Architect/engineer selected N/A
Architect's name
c. Architect/engineer contract award
(Include a copy of the AlE contract, a site
plan, location map & any design documents.
If available, electronic mail version is preferred.) N/A
d. Notice to proceed with design N/A
e. Final design approval N/A
f. Advertisement for construction bid N/A
g. Construction contract award N/A
(Include a copy of the construction contract) Contractor's name
h. Permits 10/16/07 - 6/30/08
i. Notice to proceed with construction 10/16/07
j. Monthly construction payments 11/19/07 - 9/30/08 * roof mitigation from 2007 and
other payments as equipment is installed.
k. Final construction completion 9/30/08
4. ESTlMA TED DOLLAR AMOUNT OF FUNDING SOURCES:
a. State $ 71.497
b. Local Match $ 0
c. City $ 138,400
d. County $ 0
e. Temporary loan $ 0
TOTAL $ 208,897
Attachment 2
Page 4 of 6
LETTER OF INTENT/FACILITY PROGRAM
5. ESTlMA TED PROJECT BUDGET BY MAJOR CA TEGORY OF EXPENDITURE:
a. Land Purchase (Include 2 appraisals
and the location map.) $
b. Building Purchase (Include 2
appraisals, a graphic representation such
as plat map, site plan, photographs and/or
boundary survey. If available, the electronic
version is prefe"ed. Send a disk or
electronic mail version.) $
c. Closing costs (Doc stamps, intangible
taxes, endorsements, title insurance,
appraisal bank fees, survey, soil testing,
miscellaneous land acquisition,
contingency) $
d. Professional Services (architect!
engineer/special consultant, schematic
design phase, design development phase,
construction document phase, bidding,
construction administration) $
e. Construction (Total estimates includes:
permits, bidding and award, construction
contract, communications [security system,
phone lines, etc.], contingency, fixture,
furniture and equipment. $
f. Replacement costs (exterior building
package [repairs, roof, windows. painting],
interior [finishes & renovations]. building
utilities [plumbing. mechanical, electrical].
construction reserves [5% hard costs] $ 208,897
TOTAL $ 208,897
Attachment 2
Page 5 of 6
FACILITY PROGRAM
(fill out for projects $500,000 & above)
1. STATEMENT OF FACILITY PROGRAM NEEDS and/or JUSTIFICATION
Provide a summary of the program objectives including impact/influence on your district/region.
2. PROFESSIONAL SERVICE REQUIREMENTS
a. Architect, engineer or special consultants.
Outline scope of services required.
3. SITE ANALYSIS REQUIREMENTS
a. SITE ZONING: CERTIFY ATTAINABILITY OF ALL PERMITS:
1. Present zoning classification if the intended use is nonconforming; what are the measures
necessary to obtain a rezoning, waiver or a special exception?
b. SITE RESEARCH TO INCLUDE:
1. Facility uses/deed restrictions and ordinances that may restrict the site development/use.
Parking requirements.
c. EXISTING BUILDINGS ON SITE: to be removed or to remain? Justification for demolition or for
renovation is required.
d. SITE OWNERSHIP (private or public): transferal of ownership must be executed rapidly to avoid
construction delays.
e. APPROPRIATENESS OF THE SELECTED SITE: site access, location in relationship to the major
thoroughfares and transportation terminals (publiC transportation). Utilities available: water, electrical,
sanitary sewer. Is the conductor (sizes) of each sufficient to serve the need of the proposed facility?
f. CERTIFICATION OF POSITIVE DRAINAGE:
Verify the possibility of the selected site lying within a natural flood plain or drainage basin.
g. If funding is to be used for a renovation or addition, has an ASBESTOS SURVEY been conducted?
If asbestos is present, provide a budget for the estimated removal cost.
4. BUDGET ANALYSIS REQUIREMENTS: ALLOCATED FUNDING
Provide cost breakdown as shown:
a. Professional Services and Other Costs (if Required)
Architect/Engineer $
Architect"s Name
Special Consultant $
Construction Documents (including
bidding/construction adm inistration) $
Contractor's Name
Survey $
Soil Analysis $
Furniture/Equipment $
Part A Subtotal $
FACILITY PROGRAM Attachment 2
Page 6 of 6
b. Construction Costs
Construction $
Site Development $
Utilities $
Permits $
Communications $
Specialty Cost $
Contingency (10%) $
Part B Subtotal $
TOTAL COST (Part B plus Part A) $
FUNDING SOURCE:
State $
Local Match $
City $
County $
Temporary loan $
Total $
SCHEDULE OF PAYMENTS (projected dates):
1. Program submitted
2. ArchitecUengineer selection
3. ArchitecUengineer contract award
4. Notice to proceed with design
5. Final design approval
6. Advertisement for construction bid
7. Construction contract award
8. Permits
9. Notice to proceed with construction
10. Monthly construction payments
11. Final construction completion
Exhibit B
Page 1 of6
FINANCIAL AND COMPLIANCE AUDIT
The administration of resources awarded by the Department of Elder Affairs to the provider may be subject to audits
and/or monitoring by the Department of Elder Affairs, as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 215.97, F.S.,
(see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department of staff,
limited scope audits as defined by OMB Circular A-B3, as revised, and/or other procedures. By entering into this
agreement, the provider agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by
the Department of Elder Affairs. In the event the Department of Elder Affairs determines that a limited scope audit of the
provider is appropriate, the provider agrees to comply with any additional instructions provided by the Department of
Elder Affairs to the provider regarding such audit. The provider further agrees to comply and cooperate with any
inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the provider is a State or local government or a non-profit organization as defined in OMB
Circular A-B3, as revised.
In the event that the provider expends $500,000 or more in Federal awards during its fiscal year, the provider must have a
single or program-specific audit conducted in accordance with the provisions of OMB Circular A-B3, as revised.
Attachment 1 to this agreement indicates Federal resources awarded through the Department of Elder Affairs by this
agreement. In determining the Federal awards expended in its fiscal year, the provider shall consider all sources of
Federal awards, including Federal resources received from the Department of Elder Affairs. The determination of
amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the provider conducted by the Auditor General in accordance with the provisions of OMB Circular
A-B3, as revised, will meet the requirements of this part.
In connection with the audit requirements addressed in Part I, paragraph 1, the provider shall fulfill the requirements
relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-B3, as revised.
If the provider expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the
provisions of OMB Circular A-133, as revised, is not required. In the event that the provider expends less than $500,000
in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB
Circular A-B3, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such audit must
be paid from provider resources obtained from other than Federal entities.)
An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year.
Compliance findings related to agreements with the Department of Elder Affairs shall be based on the agreement's
requirements, including any rules, regulations, or statutes referenced in the agreement. The financial statements shall
disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and
liabilities due to the Department of Elder Affairs shall be fully disclosed in the audit report with reference to the
Department of Elder Affairs agreement involved. If not otherwise disclosed as required by Section .31 O(b )(2) of OMB
Circular A-B3, as revised, the schedule of expenditures of Federal awards shall identify expenditures by agreement
number for each agreement with the Department of Elder Affairs in effect during the audit period. Financial reporting
packages required under this part must be submitted within the earlier of 30 days after receipt of the audit report or 9
months after the end of the provider's fiscal year end.
Exhibit B
Page 2 of6
PART II: STATE FUNDED
This part is applicable if the provider is a nonstate entity as defined by Section 215.97(2), Florida Statutes.
In the event that the provider expends a total amount of state financial assistance equal to or in excess of $500,000 in any
fiscal year of such provider (for fiscal years ending September 30, 2004 or thereafter), the provider must have a State
single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of
the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General. A TT ACHMENT I to this agreement indicates state financial
assistance awarded through the Department of Elder Affairs by this agreement. In determining the state financial
assistance expended in its fiscal year, the provider shall consider all sources of state financial assistance, including state
financial assistance received from the Department of Elder Affairs, other state agencies, and other nonstate entities. State
financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for
Federal program matching requirements.
In connection with the audit requirements addressed in Part II, paragraph I, the provider shall ensure that the audit
complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting
package as defined by Section 215.97(2), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
If the provider expends less than $500,000 in state financial assistance in its fiscal year (for fiscal years ending September
30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not
required. In the event that the provider expends less than $500,000 in state financial assistance in its fiscal year and elects
to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the provider resources
obtained from other than State entities).
An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year.
Compliance findings related to agreements with the Department of Elder Affairs shall be based on the agreement's
requirements, including any applicable rules, regulations, or statutes. The financial statements shall disclose whether or
not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the
Department of Elder Affairs shall be fully disclosed in the audit report with reference to the Department of Elder Affairs
agreement involved. If not otherwise disclosed as required by Rule 691-5.003, Fla. Admin. Code, the schedule of
expenditures of state financial assistance shall identify expenditures by agreement number for each agreement with the
Department of Elder Affairs in effect during the audit period. Financial reporting packages required under this part must
be submitted within 45 days after delivery of the audit report, but no later than 12 months after the provider's fiscal year
end for local governmental entities. Non-profit or for-profit organizations are required to be submitted within 45 days
after delivery of the audit report, but no later than 9 months after the provider's fiscal year end. Notwithstanding the
applicability of this portion, the Department of Elder Affairs retains all right and obligation to monitor and oversee the
performance of this agreement as outlined throughout this document and pursuant to law.
PART III: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by
PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-l33, as revised, by or
on behalf of the provider directly to each of the following:
The Department of Elder Affairs at each of the following addresses:
Exhibit B
Page 3 of6
Department of Elder Affairs
Attn: Beverly Friedberg
4040 Esplanade Way Office
Tallahassee, FL 32399-7000
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by
Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at
the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as
revised.
Pursuant to Sections .320(f), OMB Circular A-133, as revised, the provider shall submit a copy of the reporting package
described in Section .320(c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the
Department of Elder Affairs at each of the following addresses:
Department of Elder Affairs
Attn: Beverly Friedberg
4040 Esplanade Way
Tallahassee, FL 32399-7000
Additionally, copies of financial reporting packages required by Part II of this agreement shall be submitted by or on
behalf of the provider directlv to each of the following:
The Department of Elder Affairs at each of the following addresses:
Department of Elder Affairs
Attn: Beverly Friedberg
4040 Esplanade Way
Tallahassee, FL 32399-7000
The Auditor General's Office at the following address:
State of Florida Auditor General
Claude Pepper Building, Room 574
111 West Madison Street
Tallahassee, Florida 32399-1450
Any reports, management letter, or other information required to be submitted to the Department of Elder Affairs pursuant
to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
Providers, when submitting financial reporting packages to the Department of Elder Affairs for audits done in accordance
with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
Exhibit B
Page 40f6
organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the
provider in correspondence accompanying the reporting package.
PART IV: RECORD RETENTION
The provider shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of
six years from the date the audit report is issued, and shall allow the Department of Elder Affairs or its designee, the CFO
or Auditor General access to such records upon request. The provider shall ensure that audit working papers are made
available to the Department of Elder Affairs, or its designee, CFO, or Auditor General upon request for a period of six
years from the date the audit report is issued, unless extended in writing by the Department of Elder Affairs.
Exhibit B
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ATTACHMENT I
1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT
TOTAL FEDERAL AWARD
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT
TO THIS AGREEMENT ARE AS FOLLOWS:
The contractor (recipient) must comply with the applicable provisions of specific law(s), rule(s), or regulation(s).
2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS
PROGRAM TITLE FUNDING SOURCE CFDA AMOUNT
TOTAL FEDERAL AWARD $0
STATE FINANCIAL ASSISTANCE SUBJECT TO Sec. 215.97, F.S.
PROGRAM TITLE FUNDING SOURCE CSFA AMOUNT
Fixed Capital Outlay: Senior Center Grant GR 65.013 $71,497.00
TOTAL AWARD $71,497.00
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
Exhibit B
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PART I: AUDIT RELATIONSHIP DETERMINATION
Providers who receive state or federal resources mayor may not be subject to the audit requirements of OMB Circular A-133, as
revised, and/or Section 215.97, Fla. Stat. Providers who are determined to be recipients or subrecipients of federal awards and/or state
financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part II of
Attachment 1 are met. Providers who have been determined to be vendors are not subject to the audit requirements of OMB Circular
A-133, as revised, and/or Section 215.97, Fla. Stat. Regardless of whether the audit requirements are met, providers who have been
determined to be recipients or subrecipients of Federal awards and/or state financial assistance, must comply with applicable
programmatic and fiscal compliance requirements.
In accordance with Sec. 210 ofOMB Circular A-133 and/or Rule 691-5.006, FAC, provider has been determined to be:
_ Vendor or exempt entity and not subject to OMB Circular A-133 and/or Section 215.97, F.S.
~ Recipientlsubrecipient subject to OMB Circular A-133 and/or Section 215.97, F.S.
NOTE: If a provider is determined to be a recipient /subrecipient of federal and or state financial assistance and has been approved by
the department to subcontract, they must comply with Section 215.97(7), F.S., and Rule 691-.006(2), F AC [state financial assistance]
and Section _ 0400 OMB Circular A-133 [federal awards].
PART II: FISCAL COMPLIANCE REQUIREMENTS
FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive Federal awards or
state matching funds on Federal awards and who are determined to be a subrecipient, must comply with the following fiscal laws,
rules and regulations:
STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW:
2 CFR Part 225 Cost Principles for State, Local and Indian Tribal Governments (Formerly OMB Circular A-87)*
OMB Circular A-I02 - Administrative Requirements
OMB Circular A-133 - Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
NON-PROFIT ORGANIZATIONS MUST FOLLOW:
2 CFR Part 230 Cost Principles for Non-Profit Organizations (Formerly OMB Circular A-122 - Cost Principles)*
2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A-I 10 - Administrative Requirements)
Requirements)
OMB Circular A-133 - Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT) MUST
FOLLOW:
2 CFR Part 220 Cost Principles for Educational Institutions OMB (Formerly Circular A-21 - Cost Principles)*
2 CFR Part 215 Administrative Requirements (Formerly OMB Circular A-II0 - Administrative Requirements)
OMB Circular A-133 - Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
*Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the OMB Circular
A-133 Compliance Supplement, Appendix 1.
STATE FINANCIAL ASSISTANCE. Providers who receive state financial assistance and who are determined to be a
recipientlsubrecipient, must comply with the following fiscal laws, rules and regulations:
Section 215.97, Fla. Stat.
Chapter 691-5, Fla. Admin. Code
State Projects Compliance Supplement
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
EXHIBIT II ell
1 of 3
RECEIPTS AND EXPENDITURE REPORT
FIXED CAPITAL OUTLAY
This Report Period:
RECIPIENT NAME, ADDRESS, PHONE# and FEID# Program Funding Source: FROM TO
Contract Period:
General Revenue Contract #
Report #
CERTIFICATION: I certify to the best of my knowledge and belief that this report is complete and correct and all the
outlays herein are for the purposes set forth in the above contract.
Prepared by : Date: Approved by : Date:
PART A: BUDGETED INCOMEI RECEIPTS 1. Approved 2. Actual Receipts 3. Total Receipts 4. Percent of
Contract Budget for this Report Year to Date Approved Budget
1. State Funds.............................................. 0.00 0.00 0.00 #DIV/O!
2. Cash Match................. .............................. 0.00 0.00 0.00 #DIV/O!
3. SUBTOTAL: CASH RECEiPTS...................... 0.00 0.00 0.00 #DIV/O!
4. Local and In-Kind Match............................... 0.00 0.00 0.00 #DIV/O!
5. TOTAL RECEIPTS 0.00 0.00 0.00 #DIV/O!
1. Approved Budget 2. Expenditures 3. Expenditures 4. Percent of
PART B : EXPENDITURES For This Report Year to Date Approved Budget
(Identify Line Item Categories from Approved Budget)
1. Site Work.. ..... ..... ..... ........... ......... ..... ... ..... 0.00 0.00 0.00 #DIV/O!
2. Interior.... .... .... .............. .... ........... ....... ...... 0.00 0.00 0.00 #DIV/O!
3. Exterior. ...... ....... ........ ...................... ........ 0.00 0.00 0.00 #DIV/O!
4. Fixtures.... .... ........ .... ..... ... .... ........ ............ 0.00 0.00 0.00 #DIV/O!
5. Professional Service.................................... 0.00 0.00 0.00 #DIV/O!
6. Other.. .... .... ..... ........ ..... ....... ......... ...... ..... 0.00 0.00 0.00 #DIV/O!
7. TOTAL EXPENDITURES 0.00 0.00 0.00 #DIV/O!
PART C : OTHER (For tracking purposes only)
1. Match:
Local In-Kind Match.............................. 0.00 0.00 0.00 #DIV/O!
Cash Match.. ............... ........... ... ......... 0.00 0.00 0.00 #DIV/O!
2. Advance Recouped..................................... 0.00 0.00 0.00 #DIV/O!
3. Interest:
Earned on GR Advance......................... 0.00 0.00 0.00 #DIV/O!
Returned on Gr Advance........................ 0.00 0.00 0.00 #DIV/O!
4. TOTAL OTHER.......... ...... ...... .... ............ 0.00 0.00 0.00 #DIV/O!
DOEA form 105f, May 2008
EXHIBIT "e"
2 of 3
REQUEST FOR PAYMENT
FIXED CAPITAL OUTLAY
RECIPIENT NAME, ADDRESS, PHONE# and FEID# PAYMENT REQUEST: This Request Period:
From To
Regular Report #
Supplemental Contract #
Advance Contract Period
CERTIFICATION: I hereby certify that this request conforms with the terms of the above contract.
Prepared by: Date: Approved by: Date:
PART A: BUDGET SUMMARY FCO
1. Approved Contract Amount $
2. Previous Funds Received for Contract Period $
3. Contract Balance $
4. Previous Funds Requested for Contract Period $
5. Contract Balance $
PART B: CONTRACT FUNDS REQUEST
1. Anticipated Cash Needs (Attach Justification) $
2. Net Expenditures For Month (DOEA Form 105f, Part B Line 7) $
3. TOTAL $
PARTC: NET FUNDS REQUESTED
1. Less Advance Applied $
TOTAL FUNDS REQUESTED $
(Part B, Line 3 minus Part C, Line 1)
DOEA form 106f, May 2008
EXHIBIT "e"
3 of 3
SENIOR CENTERS
STATEMENT OF USE OF FUNDS
Sr. Center Other Total
Project Name: State Matching
Total Project Budget: $ FCO Funds Non-FCO Project
Funds Funds Funds
TYPE AND SOURCE OF FUNDS:
Federal Grant(s)
Other State Funds (Le.. DCA)
City/County Grant(s)
Senior Centers FCO Grant
Private Contributions/Donations
In-Kind Expenditure Credits
Total Funds Available From All Sources $ - $ - $ - $ -
Parking Lot
Walks/Driveways
Awnings/Covered Walkways
Drainage/Retention Pond
Trees/Landscaping
Fencing
Signage
Other (Please Specify)
Total $ - $ - $ - $ -
INTERIOR
I nsu lationlWeatherization
Plumbing
Heating/Air Conditioning
Electrical
Flooring
Masonry
Ceiling/Acoustics
Railing/Guards
Elevators
Other (Please Specify)
Total $ - $ - $ - $ -
Form 1 07f FCO Sr Ctr Use of Funds 1
Exhibit D
Page 1 of 3
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY COUNTY, FLORIDA
PROPERTY AGAINST WHICH
LIEN PLACED: CITY OF BOYNTON BEACH,
BOYNTON BEACH SENIOR CENTER
LIENHOLDER: STATE OF FLORIDA NOTICE OF LIEN
DEPARTMENT OF ELDER AFFAIRS
NOTICE IS BERBY GIVEN that the State of Florida, Department of Elder Affairs, pursuant
to applicable Florida Law, does hereby give notice of and assert a lien in the amount of
$71.497.00 against the following described property:
LEGAL DESCRIPTION:
Exhibit D
Page 2 of 3
ALSO DESCRIBED AS:
This lien is asserted pursuant to applicable Florida law and the Memorandum of
Understanding entered into on or about , 2008, by and between City of
Bovnton Beach. (Recipient) and the State of Florida, Department of Elder Affairs.
Exhibit 0
Page 3 of 3
The State of Florida, Department of Elder Affairs, has a financial interest in the above-
described property equal to a pro rata portion of the State's original investment in the
then-fair-market value for renovations, or its proportionate share of the cost of the
construction as compared to the then-fair-market value of the property upon the
completion of the renovations or construction, which interest is in the amount of
$71.497.00 as set out above.
The interest of the State of Florida, Department of Elder Affairs, is to be proportionately
reduced and sUbsequently vacated of a 20-year period of depreciation unless this lien is
satisfied before that time. As a condition of receipt of State funding for this construction
or renovation, the recipient has agreed pursuant to Section I, Subsection M of the
aforesaid Memorandum of Understanding, that if it disposes of the property before the
interest of the State of Florida, Department of Elder Affairs, is vacated, the recipient will
refund the proportionate share of the State's investment, as adjusted by depreciation.
Dated this ~ day of ~W ,2008.
ON BEHALF OF THE STATE OF FLORIDA
DEPARTMENT OF ELDER AFFAIRS
t'
STATE OF FLORIDA
COUNTY OF LeOl"
Sworn and subscribed before me this '2S day of :r u..n t.. ;;:;~tn ,
who is personally known to me.
OTARY
THIS DOCUMENT PREPARED BY: ~'R:" r'F,\i'n::I,~ '" Rr-.SS
~ . ..~r: :.' ,"!...tl,. ~ lJ . '.'~'
MaryEllen McDonald, Assistant General Counsel ~ ':... '.,.o' ,,'" :.... c.r, /');;'1 i9
Department of Elder Affairs ~~P.f.::::r~:" ." ':.." <''''. :'.~~~~.0~7ll1'
4040 Esplanade Way
Tallahassee, FL 32399.7000 ~'.'''.' lo> . 'fl4IIIt:r.f#',.'1;_