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HomeMy WebLinkAboutR-88-0839T or J-88-844 8/2S/88 RESOLUTION NO. 88-R39 A RESOLUTION ACCEPTING A FEDERAL HISTORIC PRESERVATION GRANT-IN-AID IN THE AMOUNT OF $1,250 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES, FOR THE CITY TO PROVIDE HISTORIC PRESERVATION SERVICES IN CONNECTION WITH SAID GRANT- IN-AID. WHEREAS, the City of Miami has applied for a federal grant-in-aid under the Certified Local Government program to support Planning Department expenses in obtaining current photographs of all Miami properties on the Dade County Historic Survey; and WHEREAS, said federal grant-in-aid, in the amount of $1,250, has been awarded to the City of Miami by the Florida Department of State, Division of Historical Resources; and WHEREAS, required matching funds for said grant-in-aid in the amount of $5,000 is available in the form of in -kind services from existing staff in the Planning Department; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. A federal grant-in-aid in the amount of $1,250 is hereby accepted for historic preservation work to be done in connection with obtaining current photographs of all Miami properties on the Dade County Historic Survey. Section 2. The City Manager is hereby authorized to execute the attached agreement with the Florida Department of State, Division of Historical Resources for the City to provide historic preservation services in connection with said grant-in-aid. ATTACHMENTS CONTAINED CITY COMMISSION MEETING OF SE P 27 1"S � ESOLUTION No. �i 1EMIARKS: �■ T PASSED AND ADOPTED this 27th day of M PREPARED AND APPROVED BY: -A/ pIt ALL L. SUAKLL-KIV%b ' ASSISTANT CITY ATTORNEY .__ APPROVED AS TO FORM AND CORRECTNESS: JU CI ATTORNEY 0 Historic Preservation Grant Award Agreement A G R E E M E N T This AGREEMENT drawn at Tallahassee, Florida by and between the State of Florida, Department of State, Division of Historical Resources, hereinafter referred to as the Department, and the City of Miami, hereinafter referred to as the Grantee, relative to the Miami Survey Update Project, hereinafter referred to as the Project, is entered into and effective this day of , 1988. WHEREAS, the Department is responsible for the administration of grant-in-aid assistance for historic preservation purposes under the provisions of Section 267.0617, Florida Statutes, and WHEREAS, the Grantee has applied for grant-in-aid assistance for the Project, and WHEREAS, the said application has been reviewed and approved in accordance with Chapter 1A-35, Rules of the Department of State, Historic Preservation Grants -in -Aid, and WHEREAS, grant-in-aid funds in the amount of one thousand two hundred and fifty dollars ($1,250.00) have been reserved for the Project by the Department; WITNESSETH, that in consideration of the mutual covenants herein contained, the Department and the Grantee hereby agree as follows: I. The Project, as approved for grant assistance, shall consist of the following authorized project work: A. Visitation to all Miami properties included in the Dade County Survey for the purpose of obtaining current photographs of each site. B. Preparation and submission of required reports, photographs and supporting documentation, as outlined in Attachment A, Part II, and such other interim 4 U reports and documentation as may be deemed appropriate by the Grantee. II. The Grantee agrees to administer the Project in accordance with the General and Special Conditions Governing Grants and the Administrative Instructions for Historic Preservation Project Accountability attached hereto as Attachment "A", and the Department's Rule 1A-35, Florida Administrative Code, and the following specific conditions: A. The Grantee agrees to complete the Project by June 30, 1989 and submit a Project Completion Report as specified in Attachment "A", Part II, subparagraph B.l.c., within 30 days of completion of project work. No costs incurred prior to the date of this Agreement are eligible for reimbursement from grant funds. No costs incurred after the above Project work completion date will be eligible for reimbursement unless specifically authorized by the Department before the cost is incurred. No costs incurred after the Project Completion Report is approved by the Department are eligible for reimbursement. B. Funds shall be expended according to the following budget: Personnel: $5,000.00 Supplies: $1,250.00 C. The Grantee shall be responsible for all work performed and all expenses incurred in connection with the Project. The Gra.►tee understands and agrees that any work performed or expense incurred on the Project is undertaken at the sole risk of the Grantee. Neither the Department nor the State of Florida shall be financially liable for any expenses incurred in connection with the Project by the Grantee or its professional consultants, contractors, or agents. OS A* D. 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. E. The Grantee shall submit any and all proposed contracts for the procurement of goods and/or services relating to the Project, and all proposed contract change orders or amendments for review and approval by the Department prior to the final execution of said contracts and contract change orders or amendments; but said review and approval shall not be construed as imposition upon or acceptance by the Department of financial liability in connection with said contracts or contract change orders. F. The Grantee shall coordinate consultation between its professional consultants and appropriate Department staff representatives as necessary to assure mutual understanding of and agreement on the objectives, requirements, and limitations of the Project in relation to the state historic preservation program. G. The Grantee hereby agrees to indemnify and hold the Department harmless from any and all claims or demand for any personal injury or property damage resulting or occurring in connection with any activities conducted under this Agreement and shall investigate all claims of every nature at its expense. in addition, the Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted under this Agreement. E. 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. I. 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. J. The Grantee recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services and/or goods or equipment purchased as an incident to such service. K. The State of Florida's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. L. All products must be in compliance with the following Secretary of the Interior's Standards: Standards for Identification. M. In addition to the terms detailed in this Grant Award Agreement, all Federal requirements governing grants (Office of Management and Budget Circulars A-87 or A-121, A-102 or A-1101 and A-128) are applicable. N. The grantee is required to comply with the Single Audit Act of 1984 for State or local governments or the audit requirements of Office of Management and Budget Circular A-110 for universities and nonprofit organizations. III.The Department agrees to reimburse the Grantee, contingent upon availability of grant funds, and upon receipt and verification of the Grantee's request and documentation, 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 reimbursement of I 4V one thousand two hundred and fifty dollars ($1,250.00) or the amount of actual cash expended by the Grantee for project work, whichever is less. Reimbursement for project costs will also be contingent upon all authorized project work being in compliance with the aforementioned Secretary of the Interior's Standards. The Department further agrees to the following conditions: A. The Department shall review and approve as to form and content all proposed contracts of the Grantee for the procurement of goods and/or 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 approval shall not be construed as acceptance by or imposition upon the Department of any financial liability in connection with said contracts. B. 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. C. It is expressly understood and agreed that any articles which are the subject of, or required to carry out this Agreement shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the procedures set forth in Section 946.515(2) and (4), Florida Statutes; and for the purposes of this Agreement the person, firm, or other 00 business entity carrying out the provisions of this Agreement shall be deemed to be substituted for this Agency insofar as dealing with such corporation. IV. 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, representations or agreements, either verbal or written, between the parties hereto. No change or addition to this Agreement shall be effective unless in writing and properly executed by the parties. V. 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. VI. 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 specified by the Department or pending a decision by the Department to terminate the grant. 1. 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 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. 6 f f 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 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 properly 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. 3. 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. 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. B. Termination. Termination is the cancellation of grant assistance, in whole or in part, under a qrant or project at any time prior to the date of completion. 1. Termination for cause. The Departm4nt 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. Payment$ made to the Grantee or recoveries by the Department under grants terminated for cause will be in accordance with the legal rights and liabilities of the parties. 1. 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 agree upon the termination conditions, including the effective date, and in the case of partial terminations, the portion to be terminated. 3. 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 a grantee prior to satisfactory completion without the approval of the Department. after the initial payment, the project may be terminated, modified, or amended by the grantee only by mutual agreement of the grantee and the Department. Request for termination prior to completion must fully explain the reasons for the action and detail 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 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 noncancellable obligations properly incurred by the Grantee prior to termination. Costs incurred after the effective date of the termination will be disallowed. R IN WITNESS WHEREOF, the Department and the Grantee have read this Agreement and the Attachments hereto and have affixed their signatures: WITNESSES: ATTEST: City Clerk 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 MIAMI CESAR H. ODIO City Man PROVED FORK AND SS: c. L. E City Att3 ey Pr: 7 TO Honorable Mayor and Members of the City Commission FROM ©Cesar H. Odio City Manager RECOMMENDATION CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM DATE: S E P (. J 1998 Ifte, suwavr: Historic Preservation Grant -In -Aid - Survey Update REIERENCES: ENCLOSURES: It is respectfully recomlllended that the City Coamission adopt the attached resolution accepting a historic preservation grant-in-aid for f1,250 and authorize the City Manager to execute the grant agreement. BACKGROUND The City of Miami has applied for and has been selected by the State of Florida to receive a federal grant-in-aid for historic preservation activities. The grant in the amount of $1,250 will be used to obtain current photographs of all Miami properties on the Dade County Historic Survey. This project requires a local match, which will be supplied in the form of in -kind services by existing Planning Department staff. The grant funds will be used to supplement the existing Community Development funds allocated to the Planning Department for historic preservation. Attachment