Loading...
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 / 10