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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