R97-196RESOLUTION NO. R97-/,,~'~'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A PALM BEACH COUNTY DEVELOPMENT
REGIONS CORE GRANT AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND PALM BEACH
COUNTY, iN THE AMOUNT OF $50,000 UNDER THE
FIRST ROUND OF THE DEVELOPMENT REGIONS
GRANT PROGRAM, AS WELL AS EXECUTION OF A
COMPETITIVE GRANT AGREEMENT TOTALING
$80,000; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, upon
recommendation of staff, deems it to be in the best interests of the citizens of the
City of Boynton Beach to execute both the Core Grant Agreementand Competitive
Grant Agreement under the first round of the Development Regions Grant Program,
totaling $130,000; and
WHEREAS, it is the policy of the COUNTY to stimulate and
encourage economic growth in Palm Beach County; and
WHEREAS, the Board of County Commissioners has determined that
provided assistance and support within development regions is essential to a
stronger, more balanced, and stable economy in Palm Beach County; and
WHEREAS, the City of Boynton Beaoh wishes to provide such
assistance and support by participating in the redevelopment and revitalization of
a development region within the City's geographic boundaries;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach hereby
authorizes and directs the Mayor and City Clerk to execute both the Core Grant
Agreement and Competitive Grant Agreement under the first round of the
Development Regions Grant Program, totaling $1301000; A copy of the agreements
are attached hereto as composite Exhibit '%."
Section 2. This Resolution shall become effective immediately upon
acceptance and passage by the City Commission, and acceptance and passage by
Board of County Commissioners of Palm Beach County at their December 16,
1997, meeting.
PASSED AND ADOPTED this o~e'~ day of ~ 1997.
ATTEST:
i~ Clerk
Vice Mayor
CITY OF BOYNTON BE.A,~CH, FLORIDA
M~yo'r /'
PALM BEACH COUNTY DEVELOPMENT REGIONS
CORE GRANT AGREEMENT
THIS AGREEMENT is made as of the 16. day of December, 1997, by and
between Palm Beach County, a political subdivision of the State of Florida, by and
through its Board of County Commissioners, hereinafter referred to as COUNTY, and
the City of Boynton Beach, a public body corporate and politic, duly created and
operated pursuant to Chapter 163, Florida Statutes, hereinafter referred to as
GRANTEE.
WITNESSETH:
WHEREAS, it is the policy of the COUNTY to stimulate and encourage economic
growth in Palm Beach County; and
WHEREAS, the Board of County Commissioners has determined that providing
assistance and support within development regions is essential to a stronger, more
balanced, and stable economy in Palm Beach County; and
WHEREAS, GRANTEE wishes to provide such assistance and support by
participating in the redevelopment and revitalization of a development region within
GRANTEE'S geographic boUndaries; and
WHEREAS, the Board of County Commissioners has determined that the
GRANTEE is best able to provide such assistance and support, as set forth by the
terms of this Agreement; and
WHEREAS, the Board of County Commissioners has determined that it is in the
public's best interests to award a grant to the GRANTEE pursuant to the terms of this
Agreement.
NOW, THEREFORE, i.n consideration of the premises and mutual covenants
hereinafter contained, the parties do agree as follows:
I. GRANTEE'S PERFORMANCE OBLIGATIONS
By entering into this Agreement, GRANTEE agrees that it Will contract
with one or more qualified entities to perform certain redevelopment
activities as more specifically set forth in Exhibit A to this Agreement,
attached hereto and incorporated herein by reference. GRANTEE agrees
that the redevelopment activities contemplated by this Agreement will be
completed in accordance with the terms of this Agreement. GRANTEE
agrees that it is solely liable to COUNTY for performance under this
Agreement, and that, in the event of default, GRANTEE will, as more
specifically set forth herein, refund to COUNTY monies Paid pursuant to
this Agreement. GRANTEE hereby certifies that it is authorized by law to
be so bound.
GRANTEE hereby certifies that it has or will retain adequate staff to
oversee execution of its performance obligations under this Agreement,
and that execution of each of these performance obligations is consistent
with GRANTEE's mission.
As a condition to retaining the maximum of $50.000 from COUNTY, the
GRANTEE shall cause, as a direct result of the activities set forth in
Exhibit A to this Agreement, the creation of at least five (5) full time jobs in
Palm Beach County within thirty six (36) months subsequent to the
effective date of this Agreement. GRANTEE shall be entitled to retain
such lesser amounts as may be equal to the grant award per job,
II.
multiplied by the number of positions created pursuant to this Agreement.
In accordance with the provisions of paragraph I.E. hereinbelow, the
number, dates and salaries of all hires in Palm Beach CoUnty must be
substantiated by GRANTEE, to COUNTY's satisfaction, within thirty eight
(38) months subsequent to the effective date of this Agreement. For the
purposes of this Agreement, the term salary means wages, gratuities,
salaries, commissions, bonuses, drawing accounts (against future
earnings), prizes and awards (if given by an employer fOr the status of
employment), vacation pay, sick pay, and other payments consistent With
the Flodda Department of Labor and Employment'Security definitions,
paid to employees.
As a further condition to retaining all grant amounts received.from
COUNTY, GRANTEE shall cause to be paid an average salary equal to or
greater than the minimum wage as established by the Department of
Labor.
As a further condition to retaining any Grant funds from COUNTY, the
GRANTEE shall provide to COUNTY written verification, satisfactory to
COUNTY in its sole discretion, of compliance by GRANTEE with all
agreed upon performance standards as set forth in paragraphs I.C and
I.D. herein above. GRANTEE may provide to COUNTY this verificatiOn
once all applicable portions of the performance standards set forth in
paragraphs I.C. and I.D. of this Agreement have been met; provided,
however, that GRANTEE shall provide this verification on or before the
expiration of the thirty eighth (38) month subsequent to the effective date
of this Agreement. Within ninety (90) days from the date this verification
is submitted to COUNTY, GRANTEE agrees to refund to COUNTY ten
thousand dollars ($10,000) for each position not created.
PAYMENT PROCEDURES, CONDITIONS
The Grant funds available under this Agreement will be provided only for
reimbursement of expenses related directly to the Scope of Work as set
forth on Exhibit A, which is attached hereto and made a part hereof. To
be eligible for reimbursement, such expenses must be:
1. incurred on or after December 16, 1997; and
incurred not more than twenty four (24) calendar months
subsequent to the effective d ate of the Agreement;
COUNTY agrees, pursuant to the terms of this Agreement, to make
payments to the GRANTEE for all eligible types of expenditures as set
forth in Exhibit B to this Agreement, attached hereto and made a part
hereof. Requests by GRANTEEfor payment shall be accompanied by
proper documentation. For the purposes of this paragraph, originals of
invoices, receipts, or other evidence .of indebtedness shall be considered
proper documentation. When original documentation cannot be
presented, the GRANTEE must adequately justify their absence, in
writing, and furnish copies thereof. In the case of invoices that have not
first been paid by GRANTEE, GRANTEE shall certify to the COUNTY that
each invoice presented for- payment relates directly to work satisfactorily
completed as contemplated by this'Agreement.
Requests for payment for costs incurred after the effective date of this
Agreement shall be submitted to COUNTY no later than sixty (60) days
after the date the indebtedness was incurred. Requests for payment shall
2
Et
not be honored if received by COUNTY later than the expiration of the
twenty sixth (26) calendar month following the effective date of this
Agreement. If GRANTEE fails to submit any requests for payment by the
expiratiOn of the twenty sixth (26) calendar month following the effective
date of this Agreement, then this Agreement shall automatically terminate,
thereby relieving the parties hereto of any obligations hereunder.
GRANTEE shall immediately notify COUNTY of any material change of
circumstances at the business(es) identified on Exhibit A hereto. For the
purposes hereof, material change of circumstance shall include, but not
be limited to, the sale or transfer of more than 10% of the stock or
ownership interest in the business(es), the closing or cessation of
operation of the business(es), voluntary or involuntary bankruptcy or an
assignment for the benefit of such business(es) creditors. In the event of
a material change of circumstances, County shall have the right to
whereupon County shall have no further
obli~
between Grantee
to i~
termination
Grantee shall use I
insure that
business
the absence
under this Agreement. Any Agreement entered into
business(es) shall require such business(es)
and County of a material change of
,rm such business(es) of the potential for
of a material change of circumstances.
Jiligence to monitor the business(es) to
of
, to County
same at the time of any requests for payment hereunder.
If the GRANTEE fails to comply with any of the provisions of this
Agreement, the COUNTY may withhold, temporarily or permanently, all, or
any, unpaid portion of the funds upon giving written notice to the
GRANTEE, and/or terminate this Agreement and COUNTY shall have no
further funding obligation to the GRANTEE under this Agreement.
The GRANTEE shall repay COUNTY for all unauthorized, illegal or
unlawful expenditures of funds, including unlawful and/or unauthorized
expenditures discovered after the expiration of this Agreement. The
GRANTEE shall also be liable to reimburse the COUNTY for any lost or
stolen funds.
In the event the GRANTEE ceases to exist, or ceases or suspends its
operation for any reason, any remaining unpaid portion of this Agreement
shall be retained by COUNTY and COUNTY shall have no further funding
obligation to GRANTEE with regard to those unpaid funds. The
determination that the GRANTEE has ceased or suspended its operation
shall be made solely by COUNTY and GRANTEE, its successors or
assigns in interest, agrees to be bound by COUNTY's determination.
Funds which are to be repaid to the COUNTY pursuant to this Agreement
are to be repaid by delivering to the COUNTY a cashier's check for the
total amount due, payable to Palm Beach County within ninety (90) days
of the COUNTY's demand.
Ho
The above provisions do not waive any rights of COUNTY or preclude the
COUNTY from pursuing any other remedy which may be available to it
under law. Nothing contained herein shall act as a limitation of the
COUNTY's right to be repaid in the event the GRANTEE fails to comply
with the terms of this Agreement.
III. DEFAULT/TERMINATION
In the event that a party fails to comply with the terms of this Contract,
other than payment of funds, then the non-defaulting party shall provide to
the defaulting party notice of the default and the defaulting party shall
have 30 days within which to initiate action to correct the default and 90
days within which to cure the default to the satisfaction of the non-
defaulting party.
In the event that the defaulting party fails to cure the default, the non-
defaulting party shall have the right to terminate this Contract. The
effective date of the termination shall be the date of the notice of
termination.
IV.
REPORTING-REQUIREMENTS
GRANTEE agrees to submit semi-annual reports pursuant to the format set forth
in Exhibit C, attached hereto and made a part hereof. Beginning with the end of
the sixth month following the effective date of this Agreement, these reports shall
be submitted in a manner satisfactory tothe COUNTY in its sole discretion no
later than thirty (30) days following completion of each reporting period. The final
semi-annual report shall be submitted to the COUNTY no later than the forty
eighth (48) month following the effective date of this Agreement. All grant
payments made pursuant to this Agreement shall be contingent on the receipt
and approval of the semi-annual reports required by this paragraph.
MAXIMUM GRANT AMOUNT
VI.
VII.
In no event shall the reimbursements made to GRANTEE pursuant to this
Agreement exceed the maximum total grant of fifty thousand dollars ($50,000).
FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS
The COUNTY may have a financial system analysis and an intemal fiscal control
evaluation of the GRANTEE performed by an independent auditing firm
employed by the COUNTY or by the County Internal Auditor at any time the
County deems necessary to determine the capability of the GRANTEE to fiscally
manage the grant award. Upon completion of all tasks contemplated under this
Agreement, copies of all documents and records relating to this Agreement shall
be submitted to the COUNTY if requested.
PERFORMANCE
The parties expressly agree that time is of the essence with regard to
performance as set forth in this Agreement and failure by GRANTEE to complete
performance within the times specified, or within a reasonable time if no time is
specified herein, shall, at the option of the COUNTY without liability, in addition
to any other of the COUNTY'S rights or remedies, relieve the COUNTY of any
obligation under this Agreement.
VIII.
INDEMNIFICATION
The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the
COUNTY, its agents, its employees and elected officers and each of them, free
and harmless at all times from and against any and all claims, liability, expenses,
losses, costs, fines and damages, including a~orney's fees, and causes of action
4
IX.
Xw
Xl.
XlI.
Xlll.
XlV.
of every kind and character against and from COUNTY which may arise out of
this Agreement. The GRANTEE recognizes the broad nature of this
indemnification and hold harmless clause, and voluntarily makes this covenant
and expressly acknowledges the receipt of good and valuable consideration
provided bythe COUNTY in support of this obligation in accordance with the
laws of the State of Florida. GRANTEE'S aforesaid indemnity and hold harmless
obligations, or portions Or .applications thereof, shall apply to the fullest extent
permitted by law but in no event shall they apply to liability caused bythe
negligence or willful misconduct of the COUNTY, its respective agents, servants
emi: r officers~ nor shall the liability limits set forth in section 768.25,
be waived. This paragraph shall survive the terminatiOn of the
Agreement.
INSURANCE
GRANTEE must provide COUNTY with evidence of self-insurance, general
liability and auto liability.
AVAILABILITY OF FUNDS
The COUNTY'S obligation to pay under this Agreement is contingent upon
annual appropriation for its purpose by the Board of County Commissioners.
REMEDIES
This Agreement shall be governed by the lawS of the State of Florida. Any and
all legal action necessary to enforce the Agreement will be held in Palm Beach
County. No remedy herein conferred upon any party is intended to be exclusive
of any other remedy, and each and every such remedy shall be cumulative and
shall be in addition to every other remedy given hereunder or now or hereafter
existing, at law or in equity or by statute or otherwise. No single or partial
exercise by any party of any right, power, or remedy hereunder shall preclude
any other or further exercise thereof.
CIVIL RIGHTS COMPLIANCE
The GRANTEE warrants and represents that all of its employees are treated
equally during employment without regard to race color, religion, disability, sex,
age, national origin, ancestry, marital status, or sexual orientation.
FEES, COSTS
If any legal action or other proceeding is brought for the enforcement of this
Agreement, or because of an alleged dispute, breach, default or
misrepresentation in connection with any provisions of this Agreement, the
successful or prevailing party or parties shall be entitled to recover reasonable
attorney's fees, court costs and all expenses (including taxes) even if not taxable
as court costs (including, without limitation, all such fees, costs and expenses
incident to appeals), incurred in that action or proceeding, in addition to any
other relief to which such party or parties may be entitled, provided, however,
that this clause pertains only to the parties to this Agreement.
SEVERABILITY
If any term or provision of this Agreement, orthe application thereof to any
person or circumstances shall, to any extent, be held invalid or unenforceable,
the remainder of this Agreement, or the application of such terms or provision, to
persons or circumstances other than those as to which it is held invalid or
XV.
XVl.
unenforceable, shall not be affected, and every other term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by
law.
ENTIRE AGREEMENT
The COUNTY and the GRANTEE agree that this Agreement sets forth the entire
agreement between the parties, and that there are no promises or
understandings other than those stated herein. None of the provisions, terms
and conditions contained in this Agreement may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the
parties hereto.
NOTICE
All notice required in this Agreement shall be sent by certified mail, return receipt
requested, and if sent to the COUNTY shall be mailed to:
Michael Tarlitz, Economic Development Coordinator
P.B.C. Governmental Center, 10th Floor
301 North Olive Avenue
West Palm Beach, Florida 33401
and if sent to the GRANTEE shall be mailed to (current official address):
Kerry Willis, City Manager
City of Boynton Beach
P.O.Box 310
Boynton Beach, Florida 33425
N WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County,
Florida has made and executed this Agreement on behalf of the COUNTY and
COMPANY has hereunto set its hand the day and year above written.
ATTEST:
DOROTHY H. WILKEN, Clerk
PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS:
By:
Deputy Clerk
By:
Chair
ATTEST:
By:,
Title
By:
Mayor
City of Boynton Beach
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By
County Attorney
h:\contract.bb4
EXHIBIT A
Marina Project Description: This project is a redevelopment project of the marina area
by Ocean Breeze Festival Park, Inc. (a Virginia corporation) in downtown Boynton
Beach. There will be 3 renovated restaurants with retail stores, marina shops and an
increased number of boat slips for rent with rentals. A 36,440 square foot one-story
building for private pleasure craft will be constructed on this property. An estimated 150
to 228 full-time jobs will be created when this project is completed.
NUmber of full time jobs created
150-228
County Core Grant
County Competitive Grant
City of Boynton Beach
Businesses
$ 50,000
$ 80,000
$ 64O,328
$ 6.400,658
local cash
Total cost estimate
.$ 7,170,986
PROJECT LOCATION:
Total Parcels 1 & 2 & 3 = 301,887 sq. ft., 6.93 acres.
(Northwest corner of Orange Avenue &
Ocean Avenue.)
Contact: Wilfred Hawkins
561-375-6010
EXHIBIT B
LIST OF ELIGIBLE ACTIVITIES
1. Acquisition of real property.
2. Expansion of existing property.
3. Providing payment of impact fees.
4. Facade improvement programs.
5. Construction of new buildings.
6. Renovation of existing buildings.
7. Site development assistance.
COUNTY CORE GRANT BUDGET FOR
THE BOYNTON BEACH MARINA
TOTAL $$0,000
N WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County,
Florida has made and executed this Agreement on behalf of the COUNTY and
COMPANY has hereunto set its hand the day and year above written.
ATTEST:
DOROTHY H. WILKEN, Clerk
PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS:
By:
Deputy Clerk
By:
Chair
ATTEST:
.~\~!~%%1111111!11~'~o i ~ I~) ' '
z~.o~:.[o'~ _ ..
I ~tre~ ~ ~
u u
........... .~ .~
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By: _ _
Mayor
City of Boyflton Beach
CITY ATTCRNEY
By
County Attorney
h:\contract.bb4
7