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R10-043 . . I ] RESOLUTION NO. R10-043 ') ~ .J A RESOLUTION OF THE CITY COMMISSION OF 5 BOYNTON BEACH, FLORIDA, APPROVING AND 6 AUTHORIZING THE MAYOR TO EXECUTE AN 7 INTERLOCAL AGREEMENT BETWEEN THE CITY 8 OF BOYNTON BEACH AND THE BOYNTON BEACH 9 COMMUNITY REDEVELOPMENT AGENCY FOR ]0 $294,000.00 TO RENOVATE THE 1913 ] ] SCHOOLHOUSE CHILDREN'S MUSEUM, WITH A ]2 ONE PERCENT (1%) ADMINISTRATIVE FEE TO BE 13 RETAINED BY THE CRA; AND PROVIDING AN 14 EFFECTIVE DATE. 15 16 17 WHEREAS, the Department of Housing and Urban Development (HUD) has 18 awarded the Boynton Beach Community Redevelopment Agency (CRA) a $294,000.00 19 Consolidation Appropriation under Economic Development Initiative Special Project B-08- 20 SP-FL-0052 to help the City make renovations to the 1913 Schoolhouse Children's Museum 21 and Learning Center; and; and 22 WHEREAS, in 2007 the City and CRA submitted the annual Community Budget 23 Issue Requests to our Congressman and Senators and when HUD prepared the Agreement, it 24 was noticed that Congressman Klein's office listed the recipient as the "Boynton Beach 25 Community Redevelopment Agency" rather than the City of Boynton Beach; and 26 WHEREAS, the it has been decided that the CRA could accept the award and the 27 City will act as a sub-recipient pursuant to the terms of the Interlocal Agreement; and 28 WHEREAS, the City Commission of the City of Boynton Beach, upon 29 recommendation of staff, deems it to be in the best interests of the residents and citizens of 30 the City of Boynton Beach to approve and authorize the Mayor to execute the lnterlocal 3] Agreement between the City of Boynton Beach and Boynton Beach Community 32 Redevelopment Agency for $294,000.00 to renovate the 1913 Schoolhouse Children's 33 Museum with a one percent (1 %) administrative fee being retained by the CRA. Document in Windows Internet Explorer I I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ') THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section I. Each Whereas clause set forth above is true and correct and 4 incorporated herein by this reference. S Section 2. The City Commission of the City of Boynton Beach, Florida does 6 hereby approve and authorize the Mayor to execute the Interlocal Agreement between the 7 City of Boynton Beach and Boynton Beach Community Redevelopment Agency for 8 $294,000.00 to renovate the 1913 Schoolhouse Children's Museum, with a one percent (1%) 9 administrative fee being retained by the CRA, a copy of said Agreement is attached hereto 10 as Exhibit "A". II Section 3. That this Resolution shall become effective immediately upon 12 passage. :th.. 13 PASSED AND ADOPTED this ~ day of April, 2010. 14 BOYNTON BEAC!:L-ELBRIDA IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Rlo-o'-l3 INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON BEACH AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR A TRANSFER OF FUNDS FOR MUSEUM RESTORATION ~'d .. \ ,2010 THIS AGREEMENT, made and entered into on the~ '", ayof Ll ~"", _ by and between: CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 (hereinafter referred to as "CITY") AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Public Agency of the State of Florida 915 S. Federal Highway Boynton Beach, Florida 33435 (hereinafter referred to as "CRA") WIT N E SSE T H: WHEREAS, CITY and CRA (the "Parties") desire to restore the 1913 Schoolhouse Museum and Learning Center ("the Museum"); and WHEREAS, the CRA is in receipt of $294,000.00 in grant funds from the U.S. Department of Housing and Urban Development to be used for the construction of an educational facility ("the Grant funds"); and WHEREAS, the Parties have negotiated and desire to enter into an Interlocal Agreement ("Agreement") for the CRA to designate the CITY as a Sub-Grantee of the Grant funds, whereby the CRA shall transfer all grant funds to the CITY such that the CITY may restore the Museum (less CRA administrative fees, if any); and WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best interests of its citizens and residents to enter into this Agreement; and WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Interlocal Cooperation Act"), permits the Governmental Units, as public agencies under the Interlocal Cooperation Act, to enter into interlocal agreements with each other to authorize one governmental party to exercise, on behalf of the other governmental unit, jointly held powers, privileges or authorities which each such Governmental Unit shares in common and which each might exercise separately, permitting the Governmental Units to make the most efficient use of their power by Page 1 of7 enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geography, economy, population and other factors influencing the needs and development of such Governmental Units; and WHEREAS, this Interlocal Agreement will become effective upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the Interlocal Cooperation Act; and WHEREAS, CITY hereby represents to CRA that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement and WHEREAS, CRA hereby represents to CITY that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the Parties hereto agree as follows: Section 1. RECITALS 1.01 The above recitals are true and correct and are incorporated herein. Section 2. TERM OF AGREEMENT 2.01 This Agreement shall be effective upon the approval of both parties and shall terminate upon completion of the restoration of the Museum, as evidenced by the close-out and finalization of all building permits connected to this Museum restoration grant. Section 3. COMPENSATION 3.01 City will invoice the CRA for actual expenditures associated with this project and provide documentation for all expenditures paid by the City. Following CRA's receipt and review of City's invoice, the CRA shall draw down the grant funds from the federal Line of Credit Control System (LOCCS). Within five (5) business days after the grant funds have been drawn, the CRA shall transfer the Grant funds to the CITY, by check. The total amount to be transferred by the CRA to the CITY is not to exceed $294,000.00, as specified in the Grant Agreement between the CRA and the U.S. Department of Housing and Urban Development. 3.02 Such transfer of funds shall be made payable to the City of Boynton Beach and mailed to Attn: Finance Department, City of Boynton Beach, 100 E. Boynton Beach Boulevard. Boynton Beach, Florida 33435. Page 2 of7 3.03 The CRA shall retain an administrative fee in the amount of 1 % (roughly $48.00 per hour, 60 hours of work) of the Grant funds. The CRA shall retain such administrative fee to cover its costs for administering the Grant, including, but not limited to: . Reviewing the documentation and reports prepared by the City and submitting such information to HUD for reimbursement and grant compliance. . Maintaining all grant information in the CRA records for audit purposes. . Issuing reimbursement check(s) to the City once HUD has approved the submitted documentation. Section 4. DUTIES AND RESPONSIBILITIES OF CITY 4.01 To the extent permitted by law, CITY will adhere to the terms and conditions of the Grant Agreement between the CRA and U.S. Department of Housing and Urban Development entitled "FY 2008 EDI-Special Project No. B-08-SP-FL-0052", a copy of which is attached hereto and incorporated herein ("HUD grant agreement"). 4.02 The City shall perform the follow duties, which would ordinarily be performed by the CRA as the primary grant recipient: . Complete an environmental assessment of the project site . Prepare and award the project bid . Provide a Project Manager . Pay all contractors . Prepare the six-month Progress Report(s) and Financial Status Report for HUD . Provide the CRA all back-up documentation with request for reimbursement . Prepare Final Report including a narrative of the work accomplished and a completed Financial Status Report covering the entire project period . Have a Project Manager on site for project completion inspection . Provide the following documentation to HUD: a Certificate of Project Close-out and Grant Close-out Agreement Section 5. DUTIES AND RESPONSIBILITIES OF CRA 5.01 CRA will adhere to its responsibilities as specified in the HUD grant agreement, including but not limited to the Sub-Grantee requirements specified in Article II. 5.02 If the CRA has not already done so, it shall submit the notarized LOCCS Access Authorization Form (HUD form 27054) to the address listed on the form within five (5) business days following the execution of this Agreement. 5.03 Within thirty (30) business days following receipt of the HUD grant agreement and Assistance A ward, the CRA shall execute and submit such documents, along with all other required information necessary to render the CRA eligible to draw down funds from the LOCCS system. Page 3 of? 5.04 The CRA shall provide the CITY with the administrative services specified in section 3.03 herein to facilitate fund transfer(s) and all other other procedures required by the HUD grant agreement. Section 6. INSURANCE 6.01 CITY and CRA shall maintain at their own cost and expense all insurance policies providing coverage for liability protection in accordance with state law and as required by the HUD grant agreement. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY's Risk Manager and with the CRA' s Controller, respectively, prior to or at the time of transfer of funds from the CRA to the CITY. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five (45) days prior written notice has been given to the other party. Policies shall be issued by companies authorized to do business pursuant to the laws of the State of Florida. Financial Ratings must be not less than "A-VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. Section 7. RECORDS 7.01 CRA and CITY shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the Improvements. Section 8. ASSIGNMENT 8.01 The respective obligations of the parties shall not be assigned, in whole or in part without the written consent of the other party. Section 9. DEFAULT 9.02 If either party fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other party, the party giving notice of default may be entitled, but is not required, to seek specific performance of this Agreement on an expedited basis, as the performance of the material terms and conditions contained herein relate to the health, safety, and welfare of the residents subject to this Agreement. Failure of any party to exercise its right in the event of any breach by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to perform by Page40f7 the other party unless such waiver is in writing and signed by the other party. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Section 10. COMPLIANCE WITH LAWS 10.01 CITY and CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. Section 11. VENUE 11.01 Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida. Section 12. GOVERNING LAW 12.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Section 13. ENTIRE AGREEMENT 13.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in full force and effect. Section 14. SEVERABILITY 14.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. Section 15. NOTICES Page 5 of7 15.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier. evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt. addressed to the party for whom it is intended at the place last specified; and the place fen" giving of notice shall remain until it shall have been changed by \vritten notice 111 compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice. CITY: Kurt Bressner, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 CRA: Lisa A. Bright, Executive Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, Florida 33435 Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Section 16. INTERPRETATION 16.01 This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS. Page 6 of7 - IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be executed in their respective names by the proper officials the day and year first above written. CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Florida By: ATTEST: Approved as to form: &1a~~fJ1f1~ Ci Attorney' '\ BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency organized and existing under the laws of the State of Florida By: Approved as to form: H:119901900 182,BBIAGMTlILA - eRA (museum restoration) v8.doc Page 7 of7