R92-138RESOLUTION NO. R92-/~
A RESOLUTION OF THE CITY CO~ISSIO~ OF
THE CITY OF BoYNTON BEACH, FLORIDA,
ALVi~HQRIZING TF~ MAYOR AND CITY CLERK TO
EXECUTE THE GRANT AWARD AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND
THE STATE OF FLORIDA~ DEPARTMENT OF
STATE, DIVISION OF HISTORICAL RESOURCES
(BOYNTON BEACH HISTORIC SCHOOLS
PROJECT); AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Boynton Beach has applied for and has
een approved for grant-in-aid assistance in the amount of
27,500.00 relative Lo the Boynton Beach Historic Schools
?roject;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
ZITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida, hereby authorizes and directs the Mayor and City
lerk to execute the Historic Preservation Grant Award Agreement
State of Florida,
Resources, which
Detween the City of Boynton Beach and the
Department of State, Division of Historical
agreement is attached hereto as Exhibit "A".
Section 2. This Resolution shall take
lpon passage.
ATTEST:
PASSED ANDADOPTED this
effect immediately
day of August, 1992.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
vi~ Mayor
C °~%mi s~'~en~'e r
(Corporate Seal)
Hist~Pres.Grant
8/13/92
Bureau of Historic Preservation
DEPARTMENT OF STATE
Request for Advanced Grant Payment
TO:
City of Boynton Beach
Post Office Box 310
Boynton Beach, Florida,
33425-0310
ATTN: Ms. Carrie A. Parker
**Organization's Federal Employment I.D. #: 59-6000282
Total Contract Amount
Prior Payment
Balance to Date
THIS PAYMENT
Balance Due
$27,500.00
$ 0
$27,500.00
$ 6,875.00
$20 625.00
***Requests for Advanced Payment cannot be processed without
the Federal Employer I.D. number.
Historic Preservation Grant Award Agreement
A G R E E M E N T
Acquisition and Development Grants
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 Boymton Beach, hereinafter
referred to as the Grantee, relative to the Boynton Beach
Historic SChools Project, hereinafter referred to as the Project,
and is entered into this day of
· 1992, and shall end on July 30, 1993.
The D~partment is responsible for the administration of
grant-in~a~d assistance for historic preservation purposes under
the provisions of Section 267.0617, F~orida Statutes. The Grantee
for assistanc~ for the Project. The
by reference, has been reviewed and
Chapter 1AL35, Florida Administrative
Code lares Historic'Preservation Grants-in-Aid.
the amount of twenty-seven thousand five
~00) have been reserved for the Project
and the Grantee agree as
The Project shall include the following authorized project-
work:
Structural analysis, with cost estimates;
Reuse feasibility study, with cost estimates;
Citizen reuse preference survey;
Schematic design documents; and
e. Administrative tasks relating to the work in a-d above.
II.
The Grantee agrees to administer the Proqect in accordance
with the General and Special Conditions Governing Grants and
the Administrative Instructions for Historic Preservation
Project Accountability attached as Attachmen~ "A", and
Chapter 1A-35, Florida Administrative Code, and the
following specific conditions:
The Grantee agrees to complete the Project by July 30,
1993 and submit the Final Products and the Final
Quarterly Progress Report and Final Quarterly
Expenditure Report, as specified in Attachment "A",
Part II, Subparagrap~ B.l.b and B.l.d., within 30 days
of completion of project work. No costs incurred prior
to the commencement date of this Agreement are eligible
for payment from grant funds. No costs incurred after
the above project work complgtion date will be eligible
for specifically authorized by the
the cost is incurred. No costs in-
Final Quarterly Expenditure Report is
approuc~d the Department are ~ligible for payment.
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.
As provided and limited by Florida law, the Grantee
agrees to indemnify and hold the Department harmless
from and against any and all claims or demands for
damages to property, arising out of any activities
performed under this Agreement and shall investigate
all claims of every nature at its own expense. In
addition, the Grantee hereby agrees to be responsible
for any injury or property damage resulting from any
activities conducted by the Grantee.
The Grantee shall be responsible for all work performed
and all expenses incurred in connection with the
Project. The Grantee may subcontract as necessary to
perform the services set forth in this Agreement,
including entering into subcontracts with vendors for
services and commodities, provided that such subcon-
tract has been approved in writing by the Department
prior to itsexecution,' and provided that it is under-
stood by the Grantee that the Department shall not be
liable to the subcontractor for any expenses or liabil-
ities incurred under the subcontract and that the
Grantee shall be solely liable to the subcontractor for
all expenses and liabilities incurred under the subcon-
tract.
Je
The Grantee shall submit complete bid documents,
including plans and specifications, to the Department
for review and approval prior to the execution of any
contrac~ for construction work.
The Grantee agrees that all acts to be performed by it
in connection with this Agreement shall be performed in
strict conformity with all applicable laws and regula-
tions of the State of Florida.
The Grantee shall coordinate consultation between its
professional consultants and appropriate Department
as necessary to assure mutual
of ~ement on the objectives,
requirements, and limitations· of the Project in
relation to 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 all 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 and bills for any
travel expenses shall be submitted and paid in
accordance with Section 112.061, Florida Statutes.
The Grantee recognizes that the State of Florida, by
virtue of its sovereignty, is not required to pay any
taxes on the services, goods or equipment purchased as
an incident to such service.
The State of Florida's performance and obligation to
pay under this Agreemen~ 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 is terminated and the
State has no further liability to the Grantee beyond
that already incurred by the termination date. In the
event of a state revenue shortfall, the total grant may
be reduced accordingly.
Ail project work must be in compliance with
Secretar~ of the Interior,s Standards for
Rehabilitation.
the
In addition to the terms detailed in this Grant Award
Agreement, all Federalrequirements' governing grants
3
(Office of Management and Budget Circulars A-21 or A-
87, A-102 or A-110, and A-128) are applicable.
N. The Grantee will not discriminate against any employee
employed in the performance of this Agreement~ or
a '
against any ppllcant 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.
O. Unless authorized by law and agreed to in writing by
the Department, the State shall not be liable to pay
attorney fees, interest or cost of collection.
P. These grant funds will not be used for lobbying the
Legislature, the Judicial branch or any state agency.
Q. 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 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 $~00,000:, an audit shall be performed in
accordance with the rules of the Audito~ General
promulgated pursuant to Section 11.45, Florida
Statutes, or a statement shall be prepared by an
independent! c~rtified, public, accou~ta~ "~w~n ..... a~es~s
t.h?t ~e rece~ving entity or organization has comD]~
wlth the provisions of the grant. If the a~ount~=----
received do n~t exceed $25,000, the head of the entity
or organizationshall attest, under penalties of
perjury, that the entity or organization has complied
with the provisions of the grant.
R. 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. The Department agrees to pay the Grantee for 50% of the
allowable project costs pursuant to and as defined in
Attachment "A", of authorized project work as defined in
Section I above, up to a maximum payment of twenty-seven
thousand five h~mdred dollars ($27,500.00) or the amount of
actual cash expended by the Grantee for project work,
whichever is less. The total amount as prescribed above
4
IV.
shall be made to the Grantee in four quarterly installments.
The first three may be made at at the beginning of each
quarter for which they are allotted. Grantees shall submit
a Request for Advanced Payment Form with this signed Grant
Award Agreement to initiate the grant. Subsequently,
reports are required on a quarterly basis and must include
the Request for Advanced Payment Form for the next quarter,
a Quarterly Project Progress Report for the quarter just
complete~, and a Quarterly Expenditure Report for the
quarter just completed. ~he last installment shall be paid
at t~.e end of the.quarter for which allotted and upon
receipt and verifi6a~ion of the Grantee's fourth Q~arterly
Payment for p~oject costs will also be
all au~o~ized project work being in
Secretary of the
rds~ further agrees to the
following cOnditions:
The Department shall
in
review and approve as to form and
)sed contracts of the Grantee for the
goods and services relating to the
all proposed contract change orders or
final execution of said contracts,
amendments, but said review and ap-
hot be construed as acceptance by or impo-
Department of any financial liability
TM
;ith said contracts.
The Department shall review and approve detailed plans,
specifications, and other bid documents for construc-
tion work relating to the Project prior to the execu-
tion of any contract for such work; review and comment
on all preliminary reports and recommendations; and
confer with the Grantee and its professional consul-
tants as necessary throughout the course of the
PrOjeCt, t~ assur? c?mpliance with the objectives,
requirements 9nd ±imitations of the state historic
preservation Program.
The payment schedule of grant funds shall be subject to any
special conditionsstipulated' by the Office of the
Comptroller, State of Florida.
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 Sta~e 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 party shall perform its obligations
5
hereunder in accordance with the terms and conditions of
this Agreement.
VI. 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.
VII. No delay or omission to exercise any right, power or remedy
accruing to either party upon breach or default by either
party underthis' Agreement, shall impair any such right,
power or remedy of either party; nor shall such delay or
omission be construed as a waiver of any such breach or
default, or any similar breach or default.
VIII. The parties agree that the Grantee, its officers, agents
and employees~ in performance of ~his Agreement shall act in
the capacity of an independent contractor and not as an
officer, employee or agent of the State. The Grantee is no~
entitled to accrue and any other rights or
privileges emplQyment in the State Career
Service. The ~ agrees to take such steps as may be
each subcontractor of the Grantee
independent contractor and will not
be ~onsidered to be an agent, servant, joint
venture, or partner of the State.
IX. Neither p~rty ~hall assign, sublicense nor otherwise
transfer its rights, duties or obligations under this
Agreement without the prior written consent of the other
party.which consent shall not unreasonably be withheld. Any
sublicense,aS~'slgnment or transfer otherwise occurring shall
be null and void; provided, however, that the State shall at
all times be ~ntitled to assign or transfer its rights,
duties or obligations under this Agreement to another
governmental agency in the State of Florida, upon giving
prior written notice to the Grantee. In the event the State
approves transfer of the Grantee,s obligations, the Grantee
remains responsible for all work performed and all expenses
incurred in connection with the Agreement.
X. This Agreement shall bind the successors, assigns and legal
representatives of the Grantee and of any legal entity that
succeeds to the obligation of the Department.
XI. The following provisions shall apply for the voluntary and
involuntary suspension or termination of the grant by either
the Department or the Grantee:
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 Department 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 opportunity 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 prop-
erly incurred by the Grantee before the effective
date of the suspension, and not 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
~llowing the Grantee credit for disbursements made
in payment of unauthorized costs incurred during
the suspension period.
4. 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.
i. 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
writing 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
~urpose 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
may terminate the grant in whole or
of the Proj
results
of funds. The two ]
be
in
that the continuation
produce beneficial
with the further expenditure
will agree upon the
including the effective
partial terminations, the
Termination by Grantee. The Grantee may unilater-
ally cancel the grant at any time prior to the
f.
lrst payment on the ~a~t although the ~
Department must be nO~ifled in.writing. Once ini-
tiated~ no grant shall be terminated by the
Grantee prior to satisfactory completion without
approval of t~.e Departed, mt. After the initial pay-
ment, th? Pro]ect may be terminated, modified, or
amended Dy the Grante~ only by mutual agreement of
th~.Grant~e a~.d the! De~rtment. Request for termi-
nation prior to co~pl~t~on must fully explain the
reasons for the action, and detail the proposed
disposition of the UnCOmpleted work.
Commitments. When a grant is terminated, the
Grantee will not incur'new obligations for the
terminated portion after the effective date of
termination. The Grantee will cancel as many
outstanding obligations as possible. The
Department will allow full credit to the Grantee
for the Department,s share of the noncancelable
obligations properly incurred by the Grantee prior
to termination. Costs incurred after the
effective date of the termination will be
disallowed.
XII. Unless there is a change of address, any notice required by
this Agreement shall be delivered to the Bureau of Historic
Preservation, Division of Historical Resources, Florida
Department of State, R. A. Gray Building, 500 South Bronough
Street, Taltahassee, Florida 32399-0250 for the State, and
to City of Boynton Beach, Post Office Box 310, Boynton
Beach, Florida, 33425-0310 for the Grantee.
×III. This instrument embodies the whole Agreement of the
parties. There are no provisions, terms, conditions, or
obligations other than those contained herein; and this
Agreement shall supersede all previous communications,
~ions or ~ verbal or written,
shall be unless and properly executed
by'the parties.
9
IN WITNESS WHEREOF, 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 of Historical
Resources
CITY OF BOYNTON BEACH
Off±cial
Arline Weiner, Mayor
Typed Name and Title of
Authorized Official
/
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