R95-127RESOLUTION NO. R95-/..~'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH ACCEPTING A $10,000
GRANT-IN-AID FROM THE FLORIDA DEPARTMENT
OF STATE FOR THE PURPOSE OF CONDUCTING A
HISTORIC SITE SURVEY
WHEREAS, the City of Boynton Beach submitted a grant request to the State
of Florida Department of State, Division of Historical Resources for the purpose of
identifying and surveying properties of historic significance within the City of
Boynton Beach; and
WHEREAS, the City was successful in obtaining this grant of $10,000 from
the State; and
WHEREAS, the City and the State in order to accept the grant award are
required to enter into an agreement; and
WHEREAS, the Agreement is attached to this Resolution as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF BOYNTON
BEACH THE FOLLOWING:
That the City hereby accepts the grant and authorizes the City Manager
to sign the Agreement setting forth the terms and conditions of the grant
award.
PASSED AND ADOPTED this 15th day of August, 1995.
CITY OF BOYNTON BEACH
ATTEST:
! City'Clerk
(Corporate Seal)
Mayor
Vice ~
Mayor Pro Tem~
Historic Preservation Grant Award Agreement
Survey aud Planning Grants -Advanced Payment
Grant No. S6038
This AGREEMENT is between the State of Florida, Department of State, Division of Historical
Resources, hereinafter referred to as the Department, and the City of Boynton Beach, hereinafter
referred to as the Grantee, relative to the Boynton Beach Survey Project, hereinafter referred to
as the Project, and is entered into this day of 1995, and
shall end on June 30, 1996. '
The Department is responsible for the administration ofgrantqn-aid assistance for historic
preservation purposes under the provisions of Section 267.0617, Florida Statutes. The Grantee
has applied for grant-in-aid assistance for the Project. The application, incorporated by refer,nee,
has been reviewed' and approved in accordance with Chapter 1A-35, Florida Administrative Code,
which regulates Historic Preservation Grants-in-Aid. Subject to the limitations set forth in this
Agreement, grant-imaid funds in the amount often thousand dollars ($10,000.00) have been
reserved for the Project by the Department. The Depa.rtment and the Grantee agree as follows:
I. The Project shall include the following authorized project work:
ao
An intensive level historical and architectural survey of the City of Boynton
Beach will be conducted. Florida Site File forms will be completed or
updated on all pre-1945 structures. A Survey Log Sheet and a Final Survey
Report,will be produced.
A draft of the Survey Report ~vill be submitted to the Department no later
than forty-five days prior to the end of the grant period for review and
approval.
Ce
U pon completion of the Project, four copies of the Final Survey Report and
one copy of the Survey Log Sheet and Florida Site File forms, as specified in
Attachment B, will be submitted to the Department as final products of the
Project.
II.
The Grantee agrees to administer the Project in accordance with the General and Special
Conditions Governine Grants and the Administrative Instructions for Historic Preservation
Project Accountability, attached as Attachment "A", and Chapter IA-35, Florida
Administrative Code, and the following specific conditions:
The Grantee aerees to complete the Project by June 30, 1996 and submit the Final
Products and t~e Final Quarterly Progress Report and Final Quarterly Expenditure
Report, as specified in Attachment "A", Part II, subparagraph B. l.b and B.I.d.,
within 30 days of completion of project work. No costs incurred prior to the
commencement date of this A~reement are eligible for payment from grant funds.
No costs incurred after the abSve project work completion date will be eligible for
?ayment unless specifically authorized by the Department before the cost is
recurred. No costs incurred after the Fin'al Quarlerly Expenditure Report is
approved by the Department are eligible for payment.
Co
The Department and the State of Florida 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 and the State. The Grantee hereby agrees to be
responsible for any injury or property damage resulting from any activities
conducted by the iSrantee.
To the extent allowed by Florida law, the Grantee agrees to be responsible for any
claims of a.ny. 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 or subcontractors. The Grantee agrees to indemnify
and hold the Department harmless from claims of any nature and agrees to
investigate such claims at its own expense, to the extent allowed by Florida law.
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 roi'th in this Agreement, including entering into
subcontracts with vendors for services and commodities, provided that such
subcontract has been approved in writing'by the Department prior to its execution,
and provided that it is u;aderstood 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.
The Grantee shall submit complete bid documents, including plans and
specifications, to the Department for review and approval prior to the execution of
any contract for construction work.
The Grantee agrees that alt acts to be performed by it in connection with this
Agreement shall be performed in strict conformity with all applicable laws and
regulations of the State of Florida.
The Grantee shall coordinate consultation between its professional consultants and
appropriate Department staff representatives as necessary to assure mutual
understanding of and a_,oreement on the objectives, requirements, and limitations of
the Project in relation t~ the State Historic Preservation Program.
The Department reserves the right to cancel this Agreement unilaterally in the
event that the Grantee refuses to allow public access to ali documents or other
materials subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the Grantee in conjunction with this Agreement.
Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof. The Grantee shall not
charge the Department for any travel expense without the Departments written
.approval. Upon obtaining written approval, the Grantee shall be authorized to
recur travel expenses to be reimbursed in accordance with Section 112.061,
Florida Statutes.
Mo
No
The Grantee recognizes that the State of Florida, by virtue of Section 212.08,
Florida Statutes, is not required to pay taxes on any goods or services which may
be provided to it pursuant to this Agi'eement.
he Department s performance and obhgat~on to pay under this Agreement are
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
!,s ten?ina!ed and the Department has no further liability to the Gr,,too
t,nat .a~r.e. acl. y incur, red by the termination date. In the ev~ent of a sta'~'r~.~,~d'~
oruall, the total grant may be reduced accordingly.
All project work taus! be in. compliance wit.h, the Secretary of the Interior's
Standards for ldentfficatmn arid Evaluation.
The Grantee will not discriminate against any employee employed in the
performance of this Agreement, or against any applicant for employment because
of race, creed, color, handicap, national.origin, or sex. The Grantee shall insert a
similar provision in all subcontracts for services by this Agreement.
Unless authorized by law and agreed to in' writing by the Department, the
Department shall not be liable to pay attorney fees, interest or cost of collection.
These grant funds will not be used for lobbying the Legislature, the Judicial branch
or any state agency.
Each grantee, other than a grantee which is a state agency, shall submit to an audit
to be performed in accordance with the rules of the Auditor General promulgated
pursuant to Section 11.45, Florida Statutes, or submit an attestation statement.
Such audit or statement will be filed with the Department of State and with the
Auditor General.
If the amounts received exceed $100,000, an audit shall be performed in
accordance with the rules of the Auditor General promulgated pursuant to
Section 11.45, Florida Statutes.
If the amounts received exceed $25,000 but do not exceed $100,000, an
audit shall be performed in accordance with the rules of the Auditor
General promulgated pursuant to Section 1.1.45, Florida Statutes, or a
statement shall be prepared by an independent certified public accountant
which attests that the receiving entity or organization has complied with the
provisions of the grant.
3. If the amounts received do not exceed $25,000, the head of the entity or
organization shall attest, under penalties of perjury, that the entity or
organization has complied with the provisions of the grant.
The product of the Project must be the original work of the Grantee or its
consultants. If the work of others is used as background information, it shall be
appropriately credited to the originator.
III.
IV.
The Department agrees to pay the Grantee for 50% of the Grantee's total cash
expenditures and donated values, so long asthe Grantees' cash expenditures' equal or
exceed the amount of donated values, up to a maximum payment often thousand dollars
($10,000.00). If the donated values exceed the amount of cash expenditures, the
Department shall only pay the Grantee for 100% of actual cash expenditures up to a
maximum payment often thousand dollars ($10,000.00).
In order for any expenditure to qualify for payment, it must be properly documented, be
for work Perfo~-med during the term (~f the Agreement, and for h charge which is
reasonabl[ in amount and ~tirectly related tO ~d necessary for the completion of the
authorized project work.
The total amount as prescribed above shall be made to the Grantee in four quarterly
installments. The first three may be made at the beginning 0leach quarter for which they
are allotted, Grantees shall submit the four signed Requests for Ad~'anced Payment Forms
with this.signed Grant Award Agreement to initiate the grant Subsequently, the Quarterly
Progress and Expenditure Reports are required.on a quarterly basis and mUst include a
Quarterly ProjectProgress and Expenditure Report for the quarter just completed. The
last installment shall be paYable during the last quarter for which allotted and upon receipt
and verification of the Grantee's Final Quarterly Progress and Expenditure Report and
verification., of all previously submitted Quarterly Progress and Expenditure Reports.
When advance payments have been made by the Department, adjustments for
overpayments may, at the sole discretion of the Department, be made quarterly and upon
receipt of the Final Quarterly Progress and Expenditui-e Report. In addition, the
Department may demand restitution from the Grantee for all sums advanced in excess of
the amount necessary to appropriately compensate the Grantee for all project work
completed to that point in a timely and satisfactory manner.
Payment for project costs will also be contingent upon all authorized project work being in
.compli.ance with the aforementioned Secretary of the Interior's Standards, and the
~nspecnon and approval of the grant assisted work by the Department. The Department
further agrees to the following conditions:
The Department shall review and approve as to form and content all proposed
contracts of the Grantee for the procurement of goods and services relating to the
project work and all proposed contract change orders or amendments prior to final
execution of said contracts, change orders or amendments, but said review and ap-
proval shall not be construed as acceptance by or imposition upon the Department
of any financial liability in connection With said contracts.
The Department shall review and approve detailed plans, specifications, and other
bid documents for construction work relating to the Project prior to the execution
of any contract for'such work; review and comment on all preliminary reports and.
recommendations; and confer with the Grantee and its professional consultants as
necessary throughout the course of the Project, to assure compliance with the
objectives, requirements and limitations of the State Historic Preservation
Program.
The payment schedule of,.zrant funds shall be subject to any special conditions stipulated
by the Office of the Comptroller, State of Florida.
VI.
VII.
VIII.
IX.
XI.
Surplus funds must be temporarily invested and the interest earned on such investments
shall be returned to the State quarterly.
This 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 and rules of
the State of Florida. Each pa?-t¥ shall perform its obligations hereunder in accordance with
the terms and conditions ot~thi~ Agreement.
Any provision of this Agreement in violation of the laws of the State of Florida shall be
ineffective to the extent of such violation, without invalidating the remaining provisions of
this Agreement.
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 right, power
or remedy of either part3,; nor shall such delay or omission be construed as a waiver of any
such breach or default, or any similar breach or default.
Each grantee, other than a grantee which is a state agency, agrees that, its officers, agents
and employees, in performance of this Agreement shall act in the capacity of an
independent contractor and not as an officer, employee or agent of the State. Each
grantee, other than a grantee which is a state agency, is not entitled to accrue any benefits
and any other rights or privileges connected with employment in the State Career Service.
The Grantee aurees to take such steps as may be necessary to ensure that each
subcontractor ~fthe Grantee will be deemed to be afl independent contractor and will not
be considered or permitted to be an agent, servant, joint venturer, or partner of the State.
The Grantee shall not assign, sublicense or otherwise transfer it rights, duties, of .
obligations under this Am'cement without prior written consent of the Department which
consent shall not be unreasonably withheld. The A~reement transferee must also
demonstrate compliance wtth Chapter IA-35, Florida Administrative Code 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
Department to another government entity pursuant to Section 20.06, Florida Statutes, or
otherwise, the rights, duties and obligations under this Agreement shall also be transferred
to the successor government entity as if it were an original party to the Agreement.
This Agreement shall bind the successors, assiens and legal representatives of the Grantee
and of any legal entity that succeeds to the obligation of the Department.
The follex~.ing provisions .shall apply for the voluntary and involuntary suspension or
termination of the grant by either the Department or the Grantee:
A. Suspension. Suspension is action taken by the Department which temporarily
withdraws or limits the Grantee's authority, to utilize grant assistance pending
corrective action by the Grantee as specified by the Department or pending a
decision by the De~amnent to terminate the grant.
Notification. When the Grantee has materially failed to comply with the
terms and conditions of the grant, the Department may suspend the grant
after giving the Grantee reasonable notice (usually 30 calendar days) and an
opPo~unJty to show cause why the grant should not be suspended. The
notice of the suspension will detail the reasons for the suspension, any
corrective action required of the Grantee, and the effective date of the
suspension.
Commitments. No commitments of funds incurred by the Grantee during
the period of suspension will be allowed under the suspended grant, unless
the Department expressly authorizes them in the notice of suspension or an
amendment to it. Necessary and otherwise allowable costs which the
Grantee could not reasonably avoid during the suspension period will be
allowed if they result from charges properlYineurred by the Grantee before
the effective date of the suspension~ and nrt in anticipation of suspension
or termination. At the discretion of the Department, third party
contributions applicable to the suspension period may be allowed in
satisfaction of matching share requirements,
Adjustments to payments. Appropriate adjustments to the payments
submitted after the effective date of suspension under the suspended grant
will be made either by withholding the payments or by not allowing the
Grantee credit for disbursements made in payment of unauthorized costs
incurred during the suspension period.
' Suspension period. Suspensions will remain in effect until the Grantee has
taken corrective action to the satisfaction of the Department or given
written evidence satisfactory to the Department that corrective action will
be taken, or until the Department terminates the grant.
Termination. Termination is the cancellation of grant assistance, in whole or in
part, under a grant or project at any time prior to the date of completion.
Termination for cause. The Department may terminate the grant in whole
or in part, at any time before the date of completion, whenever it is
determined that the Grantee has failed to comply with the terms and
conditions of the grant. The Department will promptly notify the Grantee in
xvriting of the termination and the reasons for.the termination, together
with the effective date. In the event that the funds are not used for the
purpose for which intended by the grant, or if it is later determined that the
Project failed to meet grant qualification requirements, then, at the option
of the Department, any portion of the grant previously advanced shall be
repaid to the Department.
Termination for convenience. The Department or the Grantee may
terminate the grant in whole or in part when both parties agree that the
continuation of the Project would not produce beneficial results
commensurate with the further expenditure of funds. The two parties will
a~oree upon the termination conditions, including the effective date, and in
tfi'e case of partial terminations, the portion to be terminated.
XII.
XIII.
XIV.
Termination by Grantee. The Grantee may unilaterally cancel the grant at
any time prior to the first payment on the grant although the Department
must be notified in writing. Once initiated, no grant shall be terminated by
the Grantee prior to satisfactory completion w:ithout approval &the
Depanment. After the initial payment, the Project may be terminated,
modified, or amended by the Grantee only by m. utual agreement of the
Grantee and the Depart/nent. Request for tei'mination p~or to completion
must fully explain tile reasons for the action and detail the PropoSe~l
disposition oi'the uncompleted work.
4.
Commitments. When a grant is terminated, the Grantee will not incur new
obligations for the terxninated portion after the effective date of
termination. The Grantee will [:ancel as many outstanding obligations as
possible. The Department Will alloTM full credit to the Grantee for the
epartment s share of the noncancelable obhgat~ons properly incurred by
the Grantee prior to termination. Costs incurred after the effective date of
the termination will be disallowed.
Unless there is a change of address, any notice required by this Agreement shall be
delivered to the Bureau of Historic Preservation, Division &Historical Resources, Florida
Department of State, R. A. Gray Building, 500 South Bronough Street, Tallahassee,
Florida "*" 9
.~-.~99-0_50 for tile Department, .and to City of Boynton Beach, Post Office Box
310, Boynton Beach, Florida, 33425-0310, for the Grantee. Unless the Grantee has
notified the Department in writing by return receipt mail &any change &address, all
notices shall be deemed delivered if sent to the above.address.
Neither the State nor any agency or subdivision of the State waives any defense or
sovereign immunity, or increases the limits of its liability, upon entering into this
contractual relationship.
This instrument and the Attachments hereto embody 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 communications, representations
or agreements, either verbal or written, between the parties. No change or addition to this
Agreement shall be effective unless in writing and properly executed by the parties.
The Department and the Grantee have read this Agreement and the Attachments hereto and have
affixed their signatures:
WITNESSES:
DEPARTMENT OF STATE
GEORGE W. PERCY
Director, Division of
Historical Resources
SUZANNE P. WALKER
Chief, Bureau of Historic Preservation
Division &Historical Resources
CITY OF BOYNTON BEACH
Signature of Authorized Official
Typed Name and Title of
Authorized Official