HomeMy WebLinkAboutR-96-0615J-96-102S
9/5/96
P.RSOLUTION NO. % 1.5
A RESOLUTION, WITH ArrA RMIT (S) , A UTHORI E ING
THE CM MAXAORR TO ACCEPT A GRANT, IN THE
AMOUNT Oki $1.5 , O O O , FROM THE FLORIDA
DHPARTME'NT OF STATE, DTVISION Ole HISTORICAL
RESOURCE'S, TO PRODUCE AN AUTOMATED DATA BASE
FOR THE CITY°S HISTORXC RESOURCES; FV9THER
AUTHORIZING THS CITY MAK OSR TO EXECEP113 AN
AGREEMRNT, IN SUBSTA14TIALLY THE ATTACHED
FORM, AND ANY DOM MENTS NECESSARY FOR THE
ACCEPTANCE AND IMPLOMNTATION OF SAID GRANT.
WHEPJ=, the Florida DeparLment of State, Division of
Hiatorical. Resources, is authorized pursuant to Sections 267.0612
and 2+67,0617, Florida Statutes, to provide grants to Local
governments to assist and encourage the identification and public
knowledge of historic prope.:ties in Florida; and
WHEREAS, the Florida. Department of State, Division of
Historical Resources, has offered the City of Miami a grant, in
the amount of. $15, 000 to produce an automated data base for the
historic resources of the City; and
WHEPS 1S, the Department of Community Planning and
Revitalization will engage existing staffs to meet the fifty
percent (50%) local match requirement for said grant;
NOW, 'THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE C1TT
OF MIAMI , FLORIDA:
'ATTACHMENT OCONTAINED
NEETxG or
SEP It 1996
R0401utia,: Ha
96-~ 615
section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby, adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
accept a granto in the amount of $15, 000, from the Florida
Department of State, Division of Historical Resources, to produce
an automated data bass for the City's historic resources.
Section 3. The City Manager is hereby authorized"' to
execute an agreement, in substantially the attached form, and any
other documents necessary for the acceptance and implementation
of said grant.
Section 4. This Resolution shall become effective
, imemedi.ately upon its adoption.
PASSED AND AAOFZ'SD this 1.2th day of ^September ._�e 1996,
MOLLO, MAYOR
ATTEST:
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, R ,���� CxTY'C7,HRr, .._,.
APPRO ti . TO FIRM AND o� s�SS
A.
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W.0G5:C$K:BS$ ,
�l The herein authorization is further subject to compliance
with all requirememt� that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
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Historic Preset•vadan Crmnt Award Agreement
Survey and Planning Grants - Advanced Payment
Grant No. S7055
This AGREEMENT is between the state of Florida, Department of State, Divisiort of Historical Resources,
hereinafter referred to as the Department, and the City of Miami, hereinafter referred to as the Grantee, relative to
the Miami Historic resources Automation Project, hereinafter referred to as the Project, and is entered into this
___w_ day of ___._.. . , 1911_, and shall end ern ,lure 30, 1997.
The Department is responsible for tit.^ administration of grant-in-aid assistance for historic preservation purposes
under the provisions of Section 267,061 `l, Florida Statutes. The Grantee has applied for grant-in-aid assistance for
the Proirct. The application, incorporated by reference, has been reviewed and approved in accordance with Chapter
IA-35, Florida Administrative Code, which regulates Historic Preservation Grants -in -Aid. subject to the limitations
set forth in this Agreement, grant-in-aid funds in the amount of fifteen thousand dollars (Si5,000.00) have been
reserved for the Project by the Department. The Department and the Grantee agree as fbllowvs:
1. The Project shall include the .following authorized project work:
A. An Automated Data Base for the historic resources of the City of Miami will be produced.
The system would automate the records presently stored manually and will employ both the
current GIS sytern and a newer, more sophisticated program to be designed and developed.
The Data [case will incorporate all existing data for each historic site. A lWanual on the use of thx Automated Data Base will be produced.
B. A draft of the Manual will be submitted to the Department no later than forty -rive days
prior to the end of the grant period foi- review and approval.
C. Upon completion of the Project, four copies of the Manual and one disc copy of the
Autemated'Data Lase v011 be submitted to the Department as fsnzai products of the Project.,
11. The Grantee agrees to administer the Project in accordance with the General and Special Conditions
Gaveming Grants and the Administrative instructions for Historic Preservation Project Accountability
s attached as Attachment "A", and Chapter I A-35, Florida Administrative Core, and the following specific
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conditions:
A. The Grantee agrees to complete the Project by June 30, 1997 and submit the Final Products and
the Final Quarterly Progress Report,and (Final Quarterly Expenditure Report, as specified in }
Attachment "A", ,Part 11, subparagrnph B.l.b and 8.I.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 completion date will be
eligible for payment unless specifically authorized by the Department before the cost is incurred.
No costs incurred after the Final Quarterly Expenditure Report is approved by the Department are
eligible for payment.
i l3, The Department and the State of Florida shall not assume any liability for the acts, omissions to
act or negligence of tht* Grantee, its agents, servants or employees; near shall the Grantee exclude,
liability for its awn acts., ormissions to act or negligence to the Department and the State. The
i Grantee bercby agrees to be responsible for any injury or property damage resulting from any
activities conducted by the Grantee' L.f rK4 hA,t 4.J
C. To the extent allowedaby Florida law, the Grantee agrees to be responsible for any claims of any
stature, including bu lot limited to injury, death and property damage, arising out ofactivities i
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related to this Agreement by the Grantee, its agents, servants, employees subcontractors. The
Grantee agrees to indemnify and hold the Department harmless from clai s of any nature and
agrees to investigate such claims at its own expense, to the extent allowed by Florida law.
D. The Grantec shall be responsible for all work perfottned 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 subcontract has been approved in writing by the Department prior to its
execution, and provided that it is understood 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.
E. 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.
F. 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 regulations of the State of Florida.
G. The Grantee shall colirdinate consultzttion between its professional consultants'and appropriate
Department staff representatives as necessary to assure mutual understanding of and agreement on
the objectives, ttquiremeats, and limitations of the Project in relation to the State Historic "
Preservation Program.
H. The Department resarves the right to cancel this Agreement unilaterally in the event that the
Grantee refi'ses to allow public access to all documents or other materials subject to the provisions
of Chapter 119,, Florida Stawws, and made or received by the Grantee in conjunction with this
Agreement.. '
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Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient
for a proper pre -audit and postaudit thereof. 1'he Grantee shall not charge the Department for any,
travel expense without the Department's written approval. Upon obtaining, written approval, the
Grantee shall be authorized to incur travel expenses no be reimbursed in accordance with Section
l i 2.061, Florida Statutes.
J,
The Graince recragniv;s that the State of Florida, by vittue of Section 212.09, Florida Statutes, :is
not required to pay taxes on any ;goods or services which miry be provided to it pursuant to this
Agreement.
K.
The Department's 1N rformance and obligation to pay under this Agreement are contingent upon an
annual appropriattion by the Legislature. In the event that the state funds on which this Agreement
is dependent are withdrawn, ONs Agmement is terminated and the Department has no further
liability to dieGranteebeyond that already incurred by the termination date, In the event of a
state revenue shortfall; the total grant may be reduced accordingly.
L,
All project wo* must be in compliance With the Secretary of the Interior's Standards for
Identification and Evaluation.
M.
The Grantee will noe discriminate against any employee employed in the performance of this
Agreement, or against are), applicant for employment because of race, creed, color, handicap,
national origin, or sex. 'Ib,, Grantee shall insert a similar provision in all subcontracts for services
by this Agreement.
E
N. 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.
4. These grant funds will not be used for lobbying the Legislature, the Judicial branch or any state
agency.
P. Fach grantee, other than a grantee which is a state agency, shall submit to an audit to be
performed in accordance with `ection 216.349, Florida Statutes.
Q. The product of the Project roust be the original work of the Grantee or its consultants. if tine work
ofothem is used as background .information, it shall be appropriately credited to the originator.
the Department agrees to pay the Grantee for 50% of the Grantee's total cash expenditures and donated
values, so long as the Grantee's cash expenditures equal or exceed the amount of donated values, up to a
maximum payment of fifteen thousand dolls (V 5,000.00). If the donated values exce-ed the amount of
cash expenditures, the Department sisal! only pay the Grantee for 100% of actual rash expenditures up to a
Maximum payment of fifteen thouswnd dollars (S15,000.00).
in order for any expenditure to qualify for payment, it mast be properly documented, be for work
performed during the germ of ah: Agreement, and for a charge which is reasonable in amount and directly
related to and necessary for the completion of the authorized project work.
The total amount as presrribt�l above shall be made to the Grantee in four quarterly installments. The first
three may be made at the beginrittg of each quarter for which they are allotted. grantees shall ;submit the.
four signed R"uests for Advanced payment Fortes with this signed Grant Award Agreement to initiate the
grant. Subsequently, the Quarterly progress and Expenditure Reports art required on a quarterly basis and
must include a Quarterly Project Fmgress and iExpettdittire Report for the quarter just compteterl. The lost
installment shall be payabli during the last Quarter for which allotted and ufon receipt and verification of
the Grantees Final Quarterly Progress and Expenditure Report and verification of all previously submitted'
Quarterly Progress and Expenditure Reports.
When advance payments have been treacle by the Dep4,-tstent, adjustments for overpayments may, rat the
sole discretion of the deparunent, be made quarterly surd capon receipt of the Final Quarterly Progress and
Expenditure i�port.. In addition, the DeparTrncnt may `demand restitution from the Grantee for all stuns
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 .mannem
Payment for ptuject costs will also be contingent upon all authorized project work being in compliance `
with the aforementioned Secretary of the Interior's Standards, and the inspection and approval of the grant
assisted woiit by the Department. The Department further agrees to the following conditions:
A. The Department shall review and approve as to form and content all proposed conttacts'of the
Grantee ror the pmcurenient of goons and services relating to the project work and all proposed
eontract change orders or amendments prior to final execution of said contracts, change orders or
amendments, but said review and approval shall n6t be construed as acceptance by or imposition
upon the [department of any financial liability,.in connection with said contracts.
B. The Depurtment shalt review and approve detailed plans, specifications, and other bid documents
for construction work relating to the Project prior to the execration of any contract, for such work,;
review and comment on all pr•eljrrtirtary reports and recommendations; and confer with the
ClUtee and its Professional consulmrits as necessary throughout the c9urse of the Project, to
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assure compliance with the objectives, requirements and limitations of the State Historic
Preservation Program.
M The payment schedule of grant funds shall be subject to any special conditions required 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. The Grantee shall report interest earrings quarterly, and shall remit the total interest earned at
the end of the grant period in the farm of a check or money order made payable to the Florida Department
of State.
V. 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 party shall
perform its obligations 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.
Vtl. No delay or omission to exercise any ri&, power or remedy accruirg to either party upon breach or
default by either party under this Agreement, shall impair any such right, power or re-medy 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.
V I11. 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 capacityof an independent contractor and not as an
officer, employee or agent of the State. leach 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 Gmmee Degrees to take such steps as may be necessary to ensure that each
subcontmetor of the Gmntee will be dn. iried to be an independent contractor and will nut be considered or
permitted to be an agent, servant, joint venturer, r r partner of the State.
IX. The Grantee shall not assign, sublicense or otherwise transfer its rights, duties or -obligations under this
Agreement without prior written consent of th . Department which consent shall not be unreasonably
withheld. The Agreement transferee must also demonstrate compliance with Chapter I A-35, f lorida
Adminisuative Code. If the Depiwtnent approves a transfer of the grantee's obligations, the Grantee
remains responsiblt: for all work perfonned and all expenses incurred in connection with the Agreement.
1n the event the U, gislature trans► ers the rights, duties and obligations of the Department to another
government entity pursuant to' Srction„20.06, Florida Statutes, or otherwise, the .rights, duties and
obligations under this Agreement shall also be transferred to the successor government entity or if it were
an original party to the Agreement.
X. Ibis ,Agreement shall hind the successors, assigns and legal representatives of the Grantee and of any legal
en;.ity 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:
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
specirted by the Depanmera or pending a decision by the Department to terminate the grant.
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1. Notification. '14'hen the Grantee has materially Nf..led to comply with the terms and
conditions of ihr grant, the Department may suspend the grant after giving the Grantee
reasonable notice (30 calendar days from the date of receipt of notice by the Grantee) and
an opportunity to show cause why the grant should not be suspended. The notice of the
suspensive will detail the reasons for the suspension, and any corrective action required
of the Grantee. Such notices shall be sent by return receipt mail to the Grantee.
2. 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
authori. es -the+m 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 properly incurred by the
Grantee before the effective date of the suspension, and not in anticipation of suspension
or termina.tioti. At the discretion of the Department, third party contributions applicable
during the strsperosian period may be allowed in satisfaction of matching share
requirements.
3. Adjustments to payments. 4ppropriate adjustments to the payments submitted after the
effective daceof'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.
4. Suspension period. Suspensions will retrain in effect until the Gmntee has taken
corrective actiwi to the satisfaction of the Department or given written evidence
satisfactory to the Deparxatent that corrective action will be taken, or until the
Department terminates the grant. The grant may be terminated by the Department if the
Grantee fails to respond in writing to a notification of'suspension within 30 calendar days
of receipt of such notification by the Grantee.
Termination: Termination is the cancellation of grant assistance, in whole or in part, tinder 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, %Yhenever it is determined that the Grantee has
failed to comptq with the te►mis and conditions of the grant. Tie Department will
promptly notify the Grantee in writing of the termination and the reasons for the
termination, together wide the effective date. In the event that the funds are ,tot used for
the purpose for which intended by the grant, or if it is later deerrnisted that the Project
failed to meet grant qualification requirements. then, at the option of the Department, any
portion of die Want previously advanced shall be repaid to the Department.
2. Termination fir apnvenience. The Department or the Grantee may terminate the gmpt in
whole or in part when bath parties agree that the continuation of the Project would not
produce beneficial results commensurate with the furthcr expenditure of funds. The two
Pattie,; wild agree upon tha terminations conditions, including the effective date, and in the
case of partial terminations, the portion to be terminated.
3. Termination icy Grantee: T e Granter. may unilateraiiy cancel the grant at any time prior
to ft first payment on the grant although the Department trust be notified in writing
prior to cancellation, 'Once initiated, na,graw shall be' terminated bythe Grantee prior to
satisfactory completIin, t+ without approval of the Department. After the initial payment,
the P'ralea:t may be terminated, modirkd, or amended by the Grantee only by mutual
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agreement of the Grantee and the Department. Request for termination prior to
completion must fully detail the reasons for the action and the proposed disposition of the
uncompleted work.
4. Commitments, When a grant is terminated, the Grantee will not incur new obligations
for the terminated portion after the notification of 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 disallo*ed.
,X11, Unless there is a change of address, any notice required by this Agreement shall be delivered to the BUMA i
of Historic Preservation, Division of Historical Resources, Florida Department of State, R. A. Gray
Building, 500 South Bronough Street, Tallahassee, Florida :32399-0250, for the Department, and to City of
Miami, !post Office Box 330708, %amia FL, 33233-0708, for the Grantee. Unless the Grantee has
notified the Department in writing by return receipt mail of any charge of address, all notices shall be
deemed delivered if sent to the above address.
Mi. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or
increases: the limits of its liability, upon entering into this contractual relationship.
,XIV. T his instrument and the Attachmerim, hereto embody the whole agreement of the parties. There are no
provisions. terms, conditions, or obligations other than those contained Herein; and this Agreement shah
supersede all previous communications, repiemritations or agreements, either verbal or wxittyn, between
the parties. No change or addition to this :Agreement shall be effective unless in writing and properly
executed by the patties.
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The Depwttnent and the Grantee have read this Agreement and the Attachments hereto and have affixed their,
signatures:
WITNESSES- DEPARTMENT OF STATE
R�
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GCORM W, PERCY
Director, Division of
Historical Resources
SUZANNE P. WALKER
Chief, Bureau of Historic Preservation
Division of Historical Resources
CITY OF MIAMI
Signature of Authorized Official
Typed Name and Title of
Authorized Official
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Ic
0
f �lultY OF MIAMI, FLORIDA,
INTER -OP riCE MEMORAND'
Te Honorable Mayor ,and DATE �,
Members of the City Corti mission ' P 3
SUBJECT
Miami Historic
Rcsoui=s Automation
FROM Cesm REFERENCES : GTant
City ENCLOSURES : City Commission Agenda
V September 12,1996
RECOAMiNDA'IION:
It is respectfully recommender that the City Commission adopt the attached Resolution
a thorizing the City Manager to accept a grant in the amount of $15,000.00 from'the
Y Florida Department of State, Division of Historical Resources, to produce an automated
data base for the City's historic rw' sources, and execute the necessary documents to
unplement acceptance of said gait.
BA�C�Gt3� Y3:
The'Department of Community :Tanning and Fa.evitailxatio n has obtained a gL nt in the
ars,ozriat of 15,040.00 faor the F16rida Depaitmennt of State, Division of 13istorical
Resources, to pivduce an automated data. base for the 'City's historic resources. The
system, will automate the records presently stomd ,manually and will employ both the
current GIS system and a new program to be desiped and developed. The local w4tch
will be provided by in bind services of current staff.
C1IGirsa.
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