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HomeMy WebLinkAboutR-86-0071J-86-63 A RESOLUTION NO. W~-171 a A RESOLUTION ACCEPTING A FEDERAL HISTORIC PRESERVATION GRANT-IN-AID IN THE AMOUNT. OF $15,000 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT WITH THE FLORIDA DEPARTMENT OF STATE, DIVISION OF ARCHIVES, HISTORY AND RECORDS MANAGEMENT, 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 the preparation of nominations to the National Register of Historic Places for historic buildings and districts in the downtown area, and in the development of the historic preservation element of the Downtown Master Plan; and WHEREAS, said federal grant-in-aid, in the amount of $15,000, has been awarded to the City of Miami by the Florida Department of State, Division of Archives, History and Records Management; and WHEREAS, required matching funds for said grant-in-aid in the amount of $21,335 are 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 $15,000 is hereby accepted for historic preservation work to be done in connection with preparation of nominations to the National Register of Historic Places for historic buildings and districts in the downtown area, and in the development of the historic preservation element of the Downtown Master Plan. CITY COMMIS ION MEETING pF L JAN 23 1998 RESOLUTION . � q; s Section 2. The City Manager is hereby authorized to execute the attached agreement with the Florida Department of State, Division of Archives, History r and Records Management for the City to provide historic preservation services in connection with said grant-in-aid. PASSED AND ADOPTED thi s 2 3rd day of JANUARY 1986. t k L. SUAREZ, MAYOR i ATTEST: 1 - H1RA1_,_CITY CLERK APPROVED AS TO FORM AND PREPARED AND APPROVED BY: CORRECTNE MARIA J. "IAKU DOUVER7 CITY AT ASSISTANT CITY ATTORNEY TORNE j AAY 1 i s 1 i 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 Archives, History and Records Management, hereinafter referred to as the Department, and the City of Miami, hereinafter referred to as the Grantee, relative to the Downtown Miami Master Plan: Preservation Element Project, hereinafter referred to as the Project, is entered into and effective this day of • 1986. 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 Fifteen Thousand Dollars ($15,000.00) 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. Field survey of the downtown Miami area as defined in the project grant application to locate and identify sites, structures, buildings and objects of architectural, historic and cultural significance. B. Preparation or update of Florida Master Site File Site Inven- tory Forms for all sites, structures, buildings, and objects within the survey area considered to be of architectural, historic or cultural significance. C. Preparation of all forms and supporting documentation required Y fopN RETURP1l!`G � F��RTH A3 r WOE EW. RE 8- qu 71 It Is 4 to support the nomination of a district, multiple resource area, thematic group, or individual properties, as deemed most appro- priate, after consultation with the Department staff, for listing in the National Register of Historic Places. D. Research required to formulate a historic preservation element for the City of Miami Downtown Master Plan. E. Writing, editing, photography, drafting, administration, and reproduction as necessary to produce a draft of the historic preservation element. F. Preparation and submission of two(2) copies of the draft historic preservation plan and such other interim reports and documentation as may be deemed appropriate by the Grantee. G. Preparation and submission of required reports, photographs, and supporting documentation, as outlined in Attachment A, Part II, and such other interim 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 Administra- tive 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 September 30, 1986. No costs incurred prior to the date of this Agreement will be eligible for reimbursement from grant funds unless specifically identified and authorized in Section I above and as specified in Attachment "A". No costs incurred after the above project 5 completion date will be eligible for reimbursement from grant j funds. B. The Grantee shall be responsible for all work performed and all expenses incurred in connection with the Project. The Grantee understands and agrees that any work performed or expenses 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 connec- 86-71 l' b the Grantee or its professional tion with the Project Y consultants, contractors, or agents. c. 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 construc- tion work. D. 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 con- strued as imposition upon or acceptance by the Department of financial liability in connection with said contracts or contract change orders. i E. The Grantee shall coordinate consultation between its pro fessional consultants and approp- riate Department staff represent- ; atives 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 prog rams . III. The Department agrees to reimburse the Grantee, contingent upon availability of grant funds, and upon receipt and verification of i the Grantee's request and documentation, for 50$ of the allowable i project costs pursuant to and as defined in Attachment "A", of authorized Section I above, up to a maximum reimbursement project work as defined in of Fifteen Thousand Dollars ($15,000.00) or the amount of actual cash 1 expended by the Grantee for project work, whichever is least. 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 SE;-'71 r] 0 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, require- ments and limitations of the state historic preservation programs. 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. IN WITNESS WHEREOF, the Department and the Grantee have read this Agreement and the Attachments hereto and have affixed their signatures: WITNESSES: ATTEST: 14ATTY HIRAI, CITY CLERK DEPARTMENT OF STATE GEORGE W. PERCY, Chief Bureau of Historic Preservation Division of Archives, History and Records Management CESAR ODIO City Manager City of Miami APPROVED FORM AND CORRECTNESS: By: LUCIA A. DOUGHERTY, City Attorne t CITY OF MIAMI. FLORIDA 41 INTEROFFICE MEMORANDUM 4 TO Honorable Mayor and Members DATE: JAN 16 1986 PILE: ofilthe City Commission sueJECT: HISTORIC PRESERVATION GRANT-IN-AID - DOWNTOWN MASTER PLAN x FRO REFERENCESCITY COMMISSION MEETING - Cesar H. Odio JANUARY 23, 1986 City Manager ENCLOSURES: It is requested that the City Commission adopt the attached resolution accepting a $15,000 historic preservation grant-in-aid and authorizing the City Manager to execute the grant agreement. The City of Miami has applied for and has been selected by the State of Florida to receive a federal grant-in-aid for survey and planning related to historic preservation. This grant is being made under the Certified Local Government program, for which the City has applied. The project that has been funded includes the preparation of nominations to the National Register of Historic Places for fhistoric hehistoric dings and preservation istricts in element of thee downtown ar, Downtown Master Plan. the development The identification of historic buildings and districts and the determination of their eligibility for the National Register is required as part of the City's application for a Development of Regional Impact. This grant will enable the Planning Department to produce a definitive guide as to which downtown buildings and districts are significant, and will include an evaluation by an independent panel of experts to add credibility to the results. The grant will also enable us to identify incentives and tools to encourage the preservation of these buildings and will produce economic feasibility and facade studies on selected buildings. The project requires a 50 percent local match, which will be supplied in the form on 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. The contract must be signed by January 31, 1986, or the grant will not be awarded. CHO/SR I 86 71 I t ,r 0 1A HISTORIC PRESERVATION GRANT AWARD AGREEMENT ATTACHMENT A GENERAL AND SPECIAL CONDITIONS GOVERNING GRANTS AND ADMINISTRATIVE INSTRUCTIONS FOR HISTORIC PRESERVATION PROJECT ACCOUNTABILITY State of Florida Department of State Division of Archives, History and Records Management January 1985 INTRODUCTION AND DEFINITIONS In accordance with the provisions of Chapter 267, Florida Statutes, the Division of Archives, History and Records Management is responsible for the administration of a comprehensive program of historic preservation activities in Florida, and is authorized to participate in and receive funding assistance from the Federal historic preservation program administered by the National Park Service, United States Department of the Interior as authorized by the National Historic Preservation Act of 1966, as amended. Major funding for the overall program is derived from State general revenue appropriation and from annual apportionment of Federal funds to Florida through the Federal historic preservation program. The award and administration of grant-in-aid assistance for historic preservation projects to be carried out by public agencies, preservation organizations or individuals at the local level is one element of the State's comprehensive historic preservation program. Grants are awarded from funds available in the Historic Preservation Trust Fund established under authority of Section 267.0617, Florida Statutes. These funds may include a part of the Federal funds apportioned annually to the State, as well as funds appropriated for this purpose by the State Legislature and funds contributed from other sources. The cost of administering historic preservation project grants is included in the overall costs of the comprehensive program, and is supported in part by the annual apportionment of Federal funds. Continued eligibility for Federal funding assistance requires that the State's comprehensive historic preservation program be administered in accordance with Federal laws, regulations, and conditions, as well as those of the State of Florida. The General and Special Conditions Governing Grants and the Administrative Instructions for Historic Preservation Project Accountability contained herein are intended to inform grantees of and assure grantee compliance with the Federal and State requirements applicable to historic preservation project grants. Definitions "Allowable project costs" are the direct costs in cash expenditures and value of in -kind donations that are necessary to the accomplishment of authorized project work, incurred during the project period, and properly documented in accordance with the Department's Administrative Instructions for Historic Preservation Project Accountability. "Authorized project work" means those activities described in Section I of the grant award agreement or in a fully executed amendment thereto. "Department" means the State of Florida, Department of State, Division of Archives, History and Records Management. "Grantee" means the agency, organization, or individual named in the Grant Award Agreement. "Project funds" refers to all amounts available for or expended in connection with the authorized project work, whether derived from State or Federal grant share or local matching share sources, public or private, and whether provided in cash or in -kind. "Project period" means the period of time beginning on the effective date of the grant award agreement and ending on the project completion date specified therein or in a fully executed amendment thereto. PART 1 GENERAL AND SPECIAL CONDITIONS GOVERNING GRANTS All expenditures in connection with projects approved for assistance under the historic preservation grant program are subject to the provisions of Chapter 267, Florida Statutes; the National Historic Preservation Act of 1966, as amended; other applicable State and Federal laws, rules and regulations; the general conditions listed below; and special conditions affixed to project grant awards. Requirements of participation in the program may be waived only by a written notification from the Department. Any such waiver must be explicit: no waiver may be inferred from the fact that the grant award is responsive to a grant application which may have contained material inconsistent with one or more of these conditions. Applicability These conditions are applicable both to the grantee and to any consultants, funds are contractors or comply witetheto which conditions of grantdassistance will•beFailure by consideredtto be grantee to c p y noncompliance (see paragraph 28 below). A. General Conditions 1. Grantee Publicity Requirements. In order to insure a wide public awareness of historic preservation in general and of local preservation projects, the grantee shall meet the following requirements regarding publicity of his/her project: a. At the outset of the project, a news release identifying the project's specifics including source(s) of grant funds, name of the project, along with its nature and benefits to the community shall be sent by the grantee to local print and electronic media. b. Sometime during the course of the project, the grantee shall by letter inform elected public officials, including state officers, mayors, and city and county commissions of the nature and benefit of the project. C. Upon completion of the project, the grantee shall issue another news release to local print and electronic media and a second letter (as above) to public officials. 2 SC-71 1) 4 d. There shall be an effort on the part of the grantee to encourage pub- lication of one or more feature stories on the grantee's project by a newspaper, magazine or television program of at least local circulatic Satisfactory evidence regarding feature stories shall consist of a cod of any newspaper or magazine articles; or letter(s) from grantees to newspapers, magazines or television stations rewesting a feature stor or a letter(s) from newspapers, magazines or television stations indi- cating the grantee has requested such a feature story; or written certification from the grantee to the Department that an effort was made. In any case, if the effort was successful, the grantee shall provide the Department with a copy of any such articles or a written statement of when any television story was broadcast. e. Finally, in the case of rehabilitation or restoration projects, the grantee should also make an effort, where appropriate in the judgment of the grantee, to publicize the project and the source of grant as- sistance (at any stage of the project) to the community through a dedi cation or other public ceremony of some nature. f. All news releases and promotional materials relating to the project shall contain acknowledgement of grant assistance, substantially as follows: For Federal funds: "This project (or publication) has been financed in part with historic preservation grant assistance provided by the National Park Service, U.S. Department of the Interior, admin- istered through the Bureau of Historic Preservation, Florida Departmen of State, assisted by the Historic Preservation Advisory Council." For State funds: "This project (or publication) has been financed in part with historic preservation grant assistance provided by the Burea of Historic Preservation, Florida Department of State, assisted by the Historic Preservation Advisory Council." g. All publications produced by the project shall contain acknowledgement substantially as above with the following additional statement: "However, the contents and opinions do not necessarily reflect the views and opinions(of the Department of the Interior or) the Florida Department of State, nor does the mention of trade names or commercial products constitute endorsement or recommendation by (the Department of the Interior or) the Florida Department of State: 2. Limitations on Grant Assistance. Grant funding is provided to assist grant( in meeting the monetary obligations incurred in the accomplishment of autho- rized project work. Grant assistance is authorized for a specific percentat of total allowable project costs up to a specific dollar limit. however, grant funds cannot in any case exceed the grantee's actual cash expenditure for authorized project work. The grantee assumes fiscal responsibility, without recourse to the Department, for all expenses incurred prior to the effective date or subsequent to the completion date of the agreement, and for expenses that do not carry out the approved purposes or activities of the project. All expenses incurred for the project must be supported by approved contracts, purchase orders, requisitions, bills, or other evidence of liability consistent with the grantee's established 3 8E-71 a0. r AF+K purchasing procedures which are in sufficient detail to support a proper audit review. 3. Amendments to the Grant Award Agreement. All amendments to the grant award agreement for the project shall be in writing and fully executed by both parties thereto. Amendments will be prepared by the Department, either at its own initiative or upon approval of the written request of the grantee. 4. Changes in Scope of Project Work. The grantee may not, without formal amendment of the grant award agreement, make changes in the scope of the project which would alter the allowable project work or services as stipulated in the grant award agreement or make any changes which might result in a deviation from the intent of the legislation which authorized the award of the grant. In the event of uncertainty, questions should be referred to the Department for final determination. 5. Extension of Grant Period. No extension of the grant period in excess of six grant (6) months or beyond the period of availability of appropriated funds will be authorized. 6. Timeliness of Work. The grantee shall cause work on the project to be commenced within a reasonable time not to exceed one hundred and twenty (120) days after the effective date of the grant award agreement. The grantee shall prosecute the authorized project work to completion with reasonable diligence and within the project period. 7. Project Supervision. The grantee will assure that competent and adequate professional supervision and inspection is provided and ensure that the completed work conforms to the approved standards and specifications. 8. Conflict of Interest. The grantee shall comply with the laws of the State of Florida governing conflict of interest and standards of ethical conduct, including Chapter 112, Part III, Florida Statutes. In addition, no grantee official, employee, or consultant who is authorized in his or her official capacity to negotiate, make, accept, approve, or take part in decisions regarding a contract, subcontract, or other agreement in connection with a grant assisted project shall take part in any decision relating to such contract, subcontract or other agreement in which he or she has any financial or other interest, or in which his or her spouse, minor child, or partner, or any organization in which he or she is serving as an officer, director, trustee, partner, or employee or with which he or she has or is negotiating any arrangement concerning employment has such interest. 9. Dual Compensation. If a grantee staff member or consultant is involved simultaneously in two or more projects supported by State or Federal funds, and compensation on either project is based upon percentage of time spent, he or she may not be compensated for more than 100 percent of his/her time during any part of the period of dual involvement. 4 86-'71 10. Contingent Fees. No p erson, agency, or other organization may be employed or retained to solicit or secure a ercentage,contract brokerageonorn agreement or understanding for commission, P rohibition► the contingent fee. For breach or violation of this p nnul the grant liability Department shall have the right t a the grantor otherwise recover or, at its discretion, to ercentage, brokerage or the full amount of such commission, P or to seek such other remedies as may be legally contingent fee, available. written 11. Use of Individual Consultants. No project funds shall be used for the nts with payment of fees to individual t. he procurement ofout eindividual authorization of the Departmeustified and documented in accordance consultant services must be j with the Administrative instructions hefor reinlstinino case will Preservation Project Accountability contained in lasalary be paid to employees of consultant fees over and above regu the grantee organization or of professional firms or organizations whose services have been properly procured by the grantee for the project. grantee will not use any project funds or funds fro other sources to pay a consultant or other fee to, or travelexpenses le of, employees of the State or Federal) government fories incconnection attending program functions, or any other with the project. The grantee will assure that the project is 12. Civil Rights Compliance. Rights Act of 1964, as administered in conformance with the Civil amended, and Section 504 of the Rehabilitation Act Ofl Act f1973, tates as no amended. Title VI of the Civil Rig person will, on the grounds of race, color, or national origin, be or be excluded from participation in, be denied the benefits �oor activity otherwise subjected to discrimination under any program 4 of the receiving Federal financial assistance. Section no qualified handicapped Rehabilitation Act of 1973 requiresexcluded from individual is solely, by reason of handicap, participation in, denied the benefits of, or subjected to ected Federal discrimination under any program or activityc iv submit an financial assistance. Every grantee is required rds may be made Assurance of Compliance (Form DI-1350). No grant awa without an Assurance of Compliance on file. If any real property or structure thereon is provided or improved with the aid of Feral in financial assistance, this assurance will obligate the grantee, the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended (see paragraphs B.2 and 3 below)• ng or employment In all hiri 13. Discrimination in Mm to ent Prohibited•lo er (1) will not in connection with the project, each e�licant y employee or rPP for employment because discriminate against anin, and (2) will of race, color, religion, sex, age, or national orig to ed, and take affirmative action to ensure that applicants are emp Y that employees are treated during employment, without regard to race, color, religion, sex, age, or national origin. In addition, no 86-'71 F. qualified person shall, on the basis of handicap, be subject to discrimination in employment in the grant assisted project. These requirements apply to, but are not limited to, the following: employment, promotion, demotion or transfer; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The grantee and its consultants or contractors will comply with all applicable statutes and Executive orders on equal employment opportunity and grant awards will be governed by the provisions of all such statutes and Executive orders, including enforcement provisions. 14. Religious Institutions. If the project involves a church or church related organization or property, the grantee will assure that neither the execution of nor the public benefit resulting from the project require involvement or participation in religious services or activities. The use of grant assistance derived from Federal funding sources for such projects is not allowable. 15. Political Activities. No expenditure of project funds may be made for the use of equipment or premises for political purposes, sponsoring or conducting candidate's meeting(s), engaging in voter registration activity or voter transportation activity, or other partisan political activities. 16. Hatch Act. No officer or employee of the State whose principal employment is in connection with any activity which is financed in whole or in part with grant assistance shall take part in any of the political activity proscribed in the Hatch Political Activity Act, 5 uSC 1501 et. seq., as amended, with its stated exceptions. 17. Lobbying Activity. No part of the project funds shall be used, either directly or indirectly, to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress or the State Legislature, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress or the State Legislature, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation. 18. Safety Precautions and Liability. The Department assumes no responsibility with respect to accidents, illnesses, or claims arising out of any work performed under a grant supported project. The grantee is expected to take necessary steps to insure or protect itself and its personnel and to comply with the applicable local, ! State or Federal safety standards, including those issued pursuant to the National Occupational Safety and Health Act of 1970 (see 20 CFR 1910). The grantee also agrees to indemnify and hold the State of s Florida harmless from any and all claims or demands for any personal injury or property damage resulting, occurring, or arising out of any work performed under this agreement. 19. Auditable Records. The grantee shall maintain auditable financial records adequate to account for all receipts and expenditures of project funds, both cash and in -kind, and to document compliance with j 6 86 --71 REM i ,;. - - , Wil the Administrative Instructions for Historic Preservation Project Accountability. 20. Reports, Records, and Inspections_. The grantee will submit financial, program progress, evaluation, and other reports as required by the Department and will maintain such property, personnel, financial, and other records and accounts as are deemed necessary by the Department to assure proper accounting for all program funds. The grantee, its consultants and contractors will permit on -site inspections by Department representatives and will effectively require employees to furnish such information as, in the judgement of the Department representatives, may be relevant to a question on compliance with grant conditions and the effectiveness, legality, and achievements of the program. 21. Examination of Records. The Secretary of State of the State of Florida and the State Auditor General, or any of their duly authorized representatives, shall have access for the purpose of financial or programmatic audit and examination to any books, documents, papers, and records of the grantee that are pertinent to the grant at all reasonable times during a period of three years following completion of the project, or until all claims or audit findings have been resolved. 22. Disclosure of Information. The grant award agreement may be cancelled by the Department without prior notice for refusal by the grantee to allow public access to all documents, papers, letters or other material relating to the project, in accordance with the provisions of Chapter 119, Florida Statutes, and with the Freedom of Information Act, 5 USC 552. 23. Rights to Data and Copyrights. a. The term "subject data" used in this section includes writings, technical reports, sound recordings, magnetic recordings, computer programs, computerized data bases, pictorial reproductions, plans, drawings, specifications, or other graphical representations, and works of any similar nature (whether or not copyrighted) which are (1) submitted with a proposal or grant application; or (2) specified to be delivered under a project grants or (3) developed or produced and paid for in whole or in part by grant funds. The term does not include financial reports, cost analysis, and other information incidental to grant administration. b. Except as may otherwise be provided in the grant agreement, when publications, films, or similar materials are developed directly or indirectly from a program, project, or activity supported by grant funds, the author is free to arrange for copyright without approval. However, such materials shall include acknowledgement of grant assistance. As a condition of grant assistance, the F grantee agrees to, and awards to the Government and to its officers, agents, and employees acting within the scope of their official duties, a royalty -free, nonexclusive and irrevocable Ilk i license throughout the world for Government purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data covered by the copyright. C. The grantee shall not include in the subject data any copyrighted matter without the written approval of the copyright owner which provides the Government with the written permission of the copyright owner for the Government to use the material in the manner provided in b. above. d. Nothing contained in the foregoing shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other rights otherwise granted to the Government under any patent. e. Unless otherwise limited below, the Government may, without additional compensation to the grantee, duplicate, use, and disclose all subject data in any manner and for all purposes whatsoever, and allow others to do so. f. Notwithstanding any provisions of any grant or specific — limitations concerning inspection nto d acceptance, the Government shall have the right at any time or ignore any marking not authorized by the terms of a grant on any piece of subject data furnished under the grant. 24. Compliance with Environmental Protection Laws and Regulations. No project funds shall be used for project work involving ground disturbance, modification of land use patterns, new construction, or other known or potential alteration of the natural environment that does not conform to State and Federal laws and regulations relating to protection of the natural environment, including but not limited to: a. the National Environmental Policy Act of 1969, as amended, 42 USC _ 4321 et. seq., establishing national policy goals and objectives for protecting and enhancing the environment; i b. the Coastal Barrier Resources Act prohibiting acquisition and development activity on coastal barrier islands; C. the Coastal Zone Management Act of 1972, as amended, 16 USC 1451 ' and the State's Coastal Zone Management Plan; d. Executive Order 11288 relating to the prevention, control and abatement of water pollution; i e. Executive Order 11988 relating to evaluation of flood hazards; i f. Executive Order 11990 relating to the protection of wetlands; and g. the Lead -Based Paint Poisoning Protection Act, as amended, 48 USC 4801 et. seq., prohibiting the use of lead -based paints in residential structures. g r it A 25. Violating Facilities. The grantee will ensure that the facilities under its ownership, lease, or supervision that will be utilized in the accomplishment of any project contracts or subcontracts of $100,000 or more are not listed in the Environmental Protection Agency's list of Violating Facilities (see 40 CFR 15). Grantees must promptly notify the Department of the receipt of any communication from the EPA indicating that a facility to be utilized in any such project is under consideration for listing by EPA. 26. Energy Conservation. The grantee shall promote energy conservation and utilize to the maximum extent practicable the most energy efficient equipment, materials, construction methods, and operating procedures available in the accomplishment of project work. 27. Convict Labor. The grantee or its contractors may utilize the labor of State prisoners in authorized work release, parole or probation programs in the accomplishment of project work. In accordance with Executive Order 11755, no person undergoing a sentence of imprisonment at hard labor shall be employed on grant assisted project work. 28. Noncompliance. If through any cause the grantee shall fail to fulfill in a timely manner the obligations under this agreement, including Attachment "A" hereto, or if the grantee shall violate any of the covenants, agreements, conditions, or stipulations of this agreement, the department shall thereupon have the right to terminate this agreement by giving written notice by registered mail to the grantee of such termination and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In the event that the department so terminates this agreement, the department is not required to compensate the grantee for any services or expenses incurred after receipt of the notification of termination. 29. Compliance with State Law. The grantee agrees that all acts to be performed by it in connection with the grant shall be performed in strict compliance with all applicable laws and regulations in the State of Florida. 30. Indemnification and Liability. The grantee agrees to indemnify and hold the department harmless from any and all claims or demands for any personal injury or property damage resulting or occurring in connection with any activities conducted under the grant and shall investigate all claims of every nature at its expense. In addition, the grantee agrees to be responsible for any injury or property damage resulting from activities conducted under this grant. The department shall not be deemed to assume any liability for threats, omissions or negligence of the grantee, its agents, servants and employees; nor shall the grantee exclude its own negligence to the department or any third party. B. Special Conditions Applicable to Acquisition and Development Projects. The following special conditions apply to grant assisted projects involving the acquisition, preservation, protection, restoration, rehabilitation, stabilization, or construction of a site, building, structure, or object. 9 86 -'71 i 1. Relocation Assistance. In projects utilizing grant funds derived from Federal sources, the grantee will comply with the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, 42 USC 4601 et. seq., which provides for fair and equitable treatment of persons displaced as a result of the grant assisted project. 2. Maintenance and Public Benefit Covenants. The grantee shall ensure the execution of an appropriate deed covenant or letter of agreement, acceptable to the Department and legally enforceable by the State of Florida, providing that the owner or owners, or their successors in interest, if any, shall be responsible for the maintenance of and public access to the assisted property for a period of years commensurate with the amount of grant assistance, as follows: ia. grant assistance up to $25,000 - 5 years; b. grant assistance of $25,001 to $50,000 - 10 years; i C. grant assistance of $50,001 to $100,000 - 15 years; d. grant assistance over $100,001 - 20 years. Either a letter of agreement between the owner and the Department or a deed covenant running with the land may be executed if the grant assistance involved is $10,000 or less. If grant assistance exceeds $10,000, a deed covenant is required. The appropriate document must be executed and in force prior to the payment of any grant funds by the Department to the grantee. The grantee shall confer with the Department staff regarding the specific provisions of the document prior to its final execution. 3. Public Access to Grant -Assisted Properties. For properties assisted with grant funds, where interior public access provisions are required, and which are not regularly open to the public on a continuing basis, the property must be open to the public no less than 12 days a year on an equitably spaced basis and at other times by appointment. The grantee will require the owner of the property to publish notification giving dates and times when the property is open to the public. This notice will be published in appropriate sections of a general circulation newspaper covering the community or area in which the property is located. Annual documentation of such notice will be maintained by the State Historic Preservation officer during the term of the covenant or preservation agreement. The grantee is responsible for including this requirement in any covenant or preservation agreement, and for keeping such documentation on file. 4. Accessibility for the Handicapped. The grantee shall ensure that the grant assisted property meets the requirements of the Architectural Barriers Act of 1968, 42 USC 4151 and Chapter 255.21, Florida Statutes regarding accessibility for the handicapped. Specifications for project work must conform with the "Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped" published by the American National Standards Institute to W 8 (;11_ 71 l 44 A the maximum extent consistent with the Secretary of the interior's Standards for Historic Preservation Projects. 5. Flood Insurance. If the project site is located in a designated flood hazard area, the grantee shall ensure compliance with Section 102(a) of the Flood Disaster Protection Act of 1973, 87 USC 975, requiring the purchase of flood insurance for grant assisted properties. The amount of insurance required is the total cost of the insurable improvement (excluding uninsurable facilities, such as bridges, dams, underground structures, and excluding the cost of the land), or the maximum limit of coverage made available to the grantee under the National Flood Insurance Act, whichever is less. The required insurance premium during the grant period is an allowable project cost. The term of the insurance coverage will be for the length of the economic or useful life of the property as defined by the terms of the maintenance and administration covenant requirements. Whenever flood insurance is available to cover a facility during construction, the participant will obtain coverage as soon as the facility becomes insurable. Coverage is usually available as soon as construction progresses beyond the excavation phase. Where a project includes an insurable improvement only as a small and incidental portion of the total project, flood insurance is not required if the value of the insurable improvement is less than $10,000. An example would be a combination project of which the total project cost of $100,000 includes only $5,000 for insurable improvements. Flood insurance is not required on any State-owned property that is covered under the State's policy of self-insurance. 6. Project Signs. When grant assistance is provided for acquisition or development work, a project identification sign will be displayed in a prominent location at the project site while project work is in progress. The sign must meet specifications approved by the Department, and identify the project and source of grant support. Cost of preparation and erection of the project identification sign are allowable project costs; routine maintenance costs of signs are not allowable. PART II ADMINISTRATIVE INSTRUCTIONS FOR HISTORIC PRESERVATION PROJECT ACCOUNTABILITY These instructions are intended to assist historic preservation grant recipients in meeting the accounting and public benefit requirements of the historic preservation grants-in-aid programs administered by the Department. They apply to all types of grant assisted projects, including survey and inventory, planning, acquisition, development, and community education projects. Grantee Administrative Records and Reports Grantees are responsible for maintaining financial records and project progress reports as outlined below. These records and reports shall be retained for a period of three (3) years following completion of the project, or until such time as any litigation, claims, or audit questions arising from examination 11 SG -'71 14 or audit initiated prior to expiration of the three year period are finally resolved. All grantee project records and reports are subject to public disclosure under the provisions of Chapter 119, Florida Statutes and the Freedom of Information Act, 5 USC 552. A. Financial Records. Financial records must be adequate to account for the receipt and expenditure of all project funds, and to demonstrate compliance with required procedures. Grantee financial records are subject to audit by State auditors. inadequate, incomplete or incorrect project financial records may result in ineligibility for grant assistance. Financial records shall include, but are not limited to: 1. Documentation of Project Funds. Project funds include the total amount of cash and in -kind values available to defray the direct costs of the project. They consist of the grant assistance share provided by the Department plus the local matching share provided by the grantee. a. Grant Assistance Share. Grant assistance is authorized to reimburse a percentage of allowable project costs, within the dollar limits of the grant, as specified in the grant award agreement. Grantee financial records shall include complete documentation pertaining to the application for grant assistance, the award of the grant, the grant award agreement, and the receipt and deposition of grant funds. b. Local Matching Share. Local matching share may be provided in the form of cash expenditures or the value of materials and services donated in -kind for use in the direct accomplishment of authorized project work. Matching share may be derived from any other sources available to the grantee, with the exception that funds from other Federal funding programs cannot be used to match grant assistance funds derived from Federal Historic Preservation Fund apportionments to the State of Florida. (This restriction does not apply to Community Development Block Grants, Urban Development Action Grants, or Revenue Sharing Funds). (1) Grantee financial records shall clearly identify the source, amount, and date of receipt of all cash funds and donated in -kind values applied to the project. Receipts shall be recorded as they occur. (2) Donated services shall be valued at the Federal minimum wage rate, unless the services donated are those normally provided by the donor in his or her profession or trade, in which case they may be valued at rates consistent with those paid for similar work in the local labor market area. (3) Donated materials shall be valued at the donors cost or the fair market value at the time of donation, whichever is least. 12 SG-71 µ or audit initiated prior to expiration of the three year period are finally resolved. All grantee project records and reports are subject to public disclosure under the provisions of Chapter 119, Florida Statutes and the Freedom of Information Act, 5 USC 552. A. Financial Records. Financial records must be adequate to account for the receipt and expenditure of all project funds, and to demonstrate compliance with required procedures. Grantee financial records are subject to audit by State auditors. Inadequate, incomplete or incorrect project financial records may result in ineligibility for grant assistance. Financial records shall include, but are not limited to: 1. Documentation of Project Funds. Project funds include the total amount of cash and in -kind values available to defray the direct costs of the project. They consist of the grant assistance share provided by the Department plus the local matching share provided by the grantee. a. Grant Assistance Share. Grant assistance is authorized to reimburse a percentage of allowable project costs, within the dollar limits of the grant, as specified in the grant award agreement. Grantee financial records shall include complete documentation pertaining to the application for grant assistance, the award of the grant, the grant award agreement, and the receipt and deposition of grant funds. b. Local Matching Share. Local matching share may be provided in the form of cash expenditures or the value of materials and services donated in -kind for use in the direct accomplishment of authorized project work. Matching share may be derived from any other sources available to the grantee, with the exception that funds from other Federal funding programs cannot be used to match grant assistance funds derived from Federal Historic Preservation Fund apportionments to the State of Florida. (This restriction does not apply to Community Development Block Grants, Urban Development Action Grants, or Revenue Sharing Funds). (1) Grantee financial records shall clearly identify the source, amount, and date of receipt of all cash funds and donated in -kind values applied to the project. Receipts shall be recorded as they occur. (2) Donated services shall be valued at the Federal minimum wage rate, unless the services donated are those normally provided by the donor in his or her profession or trade, in which case they may be valued at rates consistent with those paid for similar work in the local labor market area. (3) Donated materials shall be valued at the donors cost or the fair market value at the time of donation, whichever is least. 12 2. Documentation of Procurement Procedures. All procurement of goods and services in connection with grant assisted projects must be made in a manner so as to provide maximum free competition. Positive efforts must be made to utilize small business firms, minority owned firms, and women's business enterprises, and to procure goods and services from labor surplus areas. a. Procurement Methods (1) Small Purchase Procedures. Goods and services costing, in aggregate, less than $2,500 may be procured by purchase order, acceptance of vendor proposal, or other sound and appropriate procurement document, provided that: (a) cost quotations and proposals are received from three or more vendors; and (b) the goods or services involved are adequately described and specified. (2) Competitive Negotiation. Professional services costing less than $2,500 may be procured by competitive negotiation procedures whereby proposals are requested from three or more competitors whose qualifications are evaluated and ranked, and the most qualified competitor is selected, subject to fair and reasonable competition, provided that: i (a) the request for proposals is publicized by notices in newspapers or trade journals of local circulation, in addition to individual solicitationst and (b) the request for proposals identifies all significant evaluation factors and their relative importance. (3) Competitive Sealed Bids. Except as provided in subsection (4) below, contracts for the procurement of goods and services costing, in aggregate, $2,500 or more shall be let on the basis of sealed bids solicited through formal advertisement in newspapers of local or area circulation. Advertisement for bids shall include: (a) notice of the time and place of public bid opening; (b) instructions for obtaining detailed bid documents or procurement specifications; and (c) a statement that public funds are involved. (4) Exceptions. Commodities or services available only from a single source may be excepted from the above bid requirements, with prior written approval of the Department. Furthermore, commodities and services may be procured by Y competitive proposals when competitive sealed bidding is not practical or is not advantageous to the State, but only with prior written approval of the Department. 13 j i b. Qualification of Contractors. It is essential that the project be supervised and carried out by personnel possessing training and experience appropriate to the nature of the project. Grantees shall require, as a part of the bid or proposal package submitted by prospective contractors, documentation of the professional qualifications of the key personnel to be employed. Such documentation shall include, but not be limited to: (1) resumes of academic training and employment in the applicable field; (2) evidence of possession of required licenses and/or business permits; and (3) evidence of any previous experience in projects of a similar nature. C. Contract Provisions. In addition to provisions defining a sound and complete procurement contract, any grantee shall ensure that the following contract provisions or conditions are included in all procurement contracts and subcontracts relating to the project: (1) Contracts other than small purchases shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (2) All contracts shall contain suitable provisions for termination by the grantee, including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. (3) All contracts and subcontracts awarded by the grantee and its primary contractors shall assure equal employment opportunity. (4) All contracts (except those awarded by small purchases procedures) awarded by grantees shall include a provision to the effect that the grantee, the Department, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract, for the purpose of making audit, examination, excerpts, and transcription. Grantees shall require contractors to maintain all required records for three years after grantees make final payments and all other pending matters are closed. 14 SC-71 (5) All contracts involving construction work shall include provision for compliance with the Copeland "Anti -Kickback" Act 18 USC 874, as supplemented in Department of Labor regulations, 29 CFR Part 3, prohibiting employers from inducing any person employed to give up any part of the compensation to which he or she is otherwise entitled. (6) All contracts involving the research, preparation, and/or publication of data shall include notice of the conditions relating to copyrights contained in paragraph I.A.23 herein. (7) All contracts in excess of $100,000 shall contain provisions for compliance with the Clean Air Act, 42 USC 1857(h); Section 508 of the Clean Water Act, 33 USC 1368; Executive Order 11738; and Environmental Protection Agency regulations, 40 CFR Part 15, prohibiting the use of violating facilities. d. Contract Pricing (1) Procurement by small purchase procedures or competitive negotiation methods may be priced on either a fixed -free or cost -reimbursable basis. (2) Procurement by the competitive sealed bid -method shall be priced on a firm -fixed -free basis. (3) Procurement based on cost -plus -percentage -of -cost or percentage -of -construction -cost contracts shall not be included in determining allowable project costs. e. Documentation to be Submitted to the Department. The grantee shall submit the following items to the Department as evidence of compliance with procurement procedures prior to the execution of any contract for project work: (1) copies of the solicitation for proposal and/or invitation to bid and all applicable bid documents, including construction plans and specifications if required - to be submitted upon distribution or publication; (2) a summary of proposals or bids received and the basis for contractor selection - to be submitted upon completion of the selection process; and (3) a copy of the final contract - to be submitted for review and approval by the Department prior to final execution by the grantee. 3. Documentation of Project Costs. The grantee shall submit documentation of project costs, as outlined below, to the Department in support of requests for payment of grant funds. Documentation of all project costs chargeable to the project must be received by the Department prior to the final payment of grant funds to the grantee. 15 86-'71 a. Determination of Allowable Project Costs. The total project cost may include expenditures that are not allowable in determining the costs eligible for percentage reimbursement in accordance with the grant award agreement. The Department will review each request for reimbursement and the supporting documentation, and make its determination of the costs eligible for reimbursement on the basis of the following criteria: (1) Allowable project costs shall include: (a) costs incurred by contract for procurement of goods and/or services approved by the Department in accordance with II.A.2.e abovei (b) costs incurred by properly documented small purchase procedures; (c) costs incurred by the grantee for the following items applied directly to authorized project work: i. accounting: the cost of establishing, maintaining, and auditing financial accounts; ii. communications: specific charges for telephone, telegraph, or other communications services; iii. employee salaries and benefits; iv. materials and supplies; V. procurement services: the cost of advertising, solicitation, processing, and administration of procurement contracts; vi. reproduction: the cost of limited reproduction of reports, forms, and project documents; vii. travel: the costs of travel, lodging and subsistence at rates not exceeding commercial coach fares or current mileage and per diem rates allowed by the state. (d) the properly documented value of in -kind donation of services and/or materials. (2) Costs not allowable shall include: (a) project costs incurred outside the project period (before the effective date of the grant award agreement or after the project completion date specified therein)l 16 86-'71 s (b) costs of goods and/or services not procured in accordance with required procurement procedures as described in II.A.2 above; (c) costs or value of in -kind donations not properly documented as described below; (d) costs incurred by the grantee other than those specified in II.A.3.a(1)(c) above, or not directly related to the project; and (e) indirect costs incurred for common or joint activities of the grantee. b. Documentation of Contractual Costs. Documentation in support of a request for reimbursement of costs incurred by contract shall include: (1) copies of the contractor's invoices, statements, or requests for draw itemizing the materials delivered, services rendered, work items completed, and/or reimbursable expenses; and (2) copies of cancelled checks issued by the grantee in payment thereof. A statement signed by the contractor certifying that payment in full has been received and specifying the amount received and the billings satisfied may be accepted, at the discretion of the Department, in lieu of copies of cancelled checks. C. Documentation of Grantee Direct Costs. Documentation in support of a request for reimbursement of the costs of materials and/or services provided by the grantee, including those procured by small purchase procedures, shall include: (1) copies of payroll registers or wage rate schedules pertaining to grantee employee costs; (2) copies of employee daily time sheets indicating hours charged to the project and signed by both the employee and his or her supervisor; (3) copies of purchase orders, vendor's invoices, and cancelled checks (or vendor's certification of payment) pertaining to small purchase procurement of materials or services; and (4) such other documentation as may be required to identify allowable costs of communications, travel, or other grantee expenses relating to the project. d. Documentation of In -Kind Donated Values. The value of donated materials and services is not reimbursable from grant funds, but is allowable in determining the total of project costs eligible for percentage reimbursement. Documentation of in -kind donations shall include: 17 8E-'71 f (1) copies of time sheets indicating the date and hours of volunteer services donated in the accomplishment of authorized project work, signed by both the donor and the supervisor; and/or (2) a statement signed by the donor of the materials, use of equipment, or services donated certifying that the donation is intended solely for the purpose of accomplishment of authorized project work, and including an itemization of the materials or services donated and their value. 4. Transfer of Grant Funds. Grant funds shall be transferred to the grantee only upon receipt by the Department of the grantee's written request supported by documentation of project costs incurred acceptable to the Department. Except as provided in b. below, all transfers of grant funds shall be on a reimbursement basis. a. Requests for Reimbursement. The grantee may request reimbursement in one payment upon completion of all authorized project work, or in incremental payments upon completion of substantial components thereof. Requests for reimbursement may be submitted in a standard format provided by the Department, but shall in any event include: (1) a statement of the total of accrued project expenditures including value of donated materials or services utilized, as of the date of the request; (2) a statement of the expenditures previously reported; and (3) a statement of the expenditures for which reimbursement is being requested with documentation attached. b. Transfer of Grant Funds in Advance of Grantee Expenditure. For projects in which grant assistance in excess of fifty percent (50%) of total project cost is authorized, the grantee may request the transfer of grant funds to its account in advance of the payment to its vendors and contractors. Such requests shall be supported by: (1) certification of the completion of the project work or substantial portion thereof for which payment is duel and (2) copies of vendor or contractor invoices or statements itemizing the materials delivered or services performed, and including documentation of reimbursable expenses, if appropriate. Advance transfer of grant funds shall be requested only in the amounts required to meet existing obligations. Funds transferred in response to such request shall be expended by the grantee without delay, and only for the purposes for which they were requested. The expenditure of such funds shall be reported to the Department at the time that the expenditure is made, and is I s 8E-'71 - i i documented by the submission of copies of cancelled checks immediately on availability. C. Limitations on Transfer of Grant Funds (1) incremental Reimbursements. The total of grant funds transferred to the grantee in response to requests for incremental reimbursement payments prior to final completion of the project work shall not exceed eighty percent (80%) of the amount reserved for the project as stated in the grant award agreement. (2) Final Reimbursement Payments. The total of grant funds transferred to the grantee following final project completion, including all funds previously transferred in incremental payments, shall not exceed the amount of the grantee's actual cash expenditures in payment of allowable project costs. (3) Payments in Advance of Grantee Expenditure. The total of grant funds transferred in advance shall not exceed the total of cash payments due for project work accomplished or the amount reserved for the project as stated in the grant award agreement, whichever is least. H. Project Progress and Completion Reports. Grantees shall document the initiation, progress and completion of project work by the timely submission to the Department of required project reports as outlined below. In addition, grantees shall submit such other reports as may be necessary to support any requested changes in the scope of project work or to advise the Department of unforeseen circumstances affecting the administration or execution of the project. 1. Reports Required for All Projects. The following reports are required for all grant assisted projects, regardless of the type of work involved: a. Report of Project Initiation - to be submitted as soon as the actual date for the start of project work (as opposed to the administrative starting date of the project period) has been established. This report shall 1) include a schedule of the anticipated completion of major project work elements and final completion of the project; 2) identify the responsible professional in-house staff, consultants, contractors, and/or technical specialists involved in the project; 3) include copies of signed contracts with consultants, contractors, and/or technical specialists; and 4) include copies of initial news releases and letters to public officials. b. Monthly Project Progress Reports - to be submitted for each calendar month starting with the first full month following project initiation. These reports shall includes (1) a brief description of work accomplished during the month] 19 86-71 I (2) a description of any unusual problems or conditions encountered and any unusual methods, materials, or techniques employed; (3) notation of any adjustments to the project work schedule as appropriate; and (4) such other comments as may be deemed appropriate. C. Project completion Report - to be submitted within thirty (30) days following final completion of project work. This report shall include: (1) a statement of the total cost of project work; (2) a description of the work accomplished, noting any differences from that originally planned; (3) a description of and explanation of any significant differences between the planned project budget and the actual project costs; (4) an evaluation of the overall results achieved; and (5) copies of final news releases and letters to public officials. 2. Reports Required for Survey Projects. In addition to the reports described in B.1 above, the following reports are required for projects involving historic sites surveys: a. Preliminary Research Report - to be submitted in draft form for review and comment by the Department staff upon completion of the initial historical and archaeological research phase of the project. It shall include: (1) a description of the survey area or theme; (2) a summary and chronology of the significant historical events or developments related to the project area or theme; (3) identification of individuals and organizations that played significant parts in those events and/or developments; (4) an analysis of the potential for locating surviving sites, buildings, structures, or objects that reflect those events and/or developments; (5) recommendations for the design and conduct of field surveys to locate and identify such resources; and (6) copies of graphic materials, if necessary or desirable, for a proper analysis of the report. 20 86-71 i c 'lop 1-00 1 b. wort of Historic Resource Survey - to be submitted as the final i product and to serve as a permanent record of the survey project. It shall include: (1) a Title page indicating the name of the project, the name of the author and the date of the report; (2) an acknowledgements page citing the sources of funding and other significant assistance; (3) an introduction describing the origin and objectives of the project and the organization and methods employed; (4) the final version of the Preliminary Research Report; (5) a description of the field survey, including a summary of the significant findings, in relation to the results of background research; (6) conclusions and recommendations as to the significance of resources identified, priorities for nomination for listing in the National Register of Historic Places, and future survey and preservation action] and (7) appropriate supplemental material such as maps, photographs, copies of historic documents, and a list of bibliographic sources. 1 3. Reports Required for Acquisition and Development Projects. In addition to the reports described in H.1 above, the following reports are required for projects involving the acquisition or development of historic properties: a. Architect's Inspection Reports - copies to be submitted immediately upon inspection. 1 b. Construction Documents - when project work includes preparation of construction documents, such documents must be submitted for review by the department when 30% complete, 60• complete, and on final completion. f 4. Reports Required for Community Education Projects. Reports required in addition to the reports described in H.1 above for community education projects will depend on the nature and scope of the individual project. Y 21 0 to I 1296 166a.A. 19661 • O.S. 0E/1aT111`t OF 1ME 111111101 • ASSURANCE OF. (DAMAMCE 1tltlE 11. Cllltl 11GMtf A0 OF 1914) iiar.ia++ M. 1 (hereinafter called "Applicant -Recipient") mare ur Appl+cant RrcipK*tl HERESY AGREES THAT IT will comply with Title vl of the Civil Rights Act of 1964 (P.L 8S+�S2issued all requirements imposed by or pursuant to the Department `of the Interior Regulation (43 CFR I ) pursuant to that title, to the end that, in accordance with Title V1 of that Act and the Regulation, noom cpet- sun in the United States shall, no the ground of race. color. +tr national origin d excluded gram or activity tion in, be denied the benefits of. or be otherwise subjected to discrimtnation'uno f any program Interior and for which the -Applicant. Recipient receives financial assistance frorrthe Dept Sums• .•r ofhcr t It will immediately take any measures to effectuate this agreement. Hereby Gives Assurance Tha If any real property or structure thereon is provided or improved with the ai the nteriora O Federalhis assurancefincol assistance • extended to the Applicant. Recipient bythe Dept. off_ sure�tt nr OR+etr Applicant. Recipient. or in the case of any transfer of such property. any transferee for the period during which the real property or structure is used for a purpose involving the provision of similar services or erne- If any y personal property is so provided. this assurance obligates the Applieant•Recipient for the period during which it retains ownership or possession of, the proper,. In all other cases. this ass during it by the Applicant. Recipient fur the period during which the Federal financial assistance is extended to the Dept. of the Interior ertear of Office THIS ASSURANCE is given in cnnsideratiun of and for the purpose of obtaining any and all Federal grants. loans. contracts, property discnunts•or other Federal financial assistance extended after the daft hereof to the Applicant. Recipient by the bureau or office. including installment payments after such date l cent RRt^►c^� arrangements for Federal financial issistance which were apwill be exteed ndedire inrelianceon the represent pions recognizes and agrees that such Federal financial assistance and agreements made in this assurance. and that the United States shall reserve the right to seek judicial Applicant -Recipient. its successors. trans. enforcement of this assurance. This assurance is binding on the fcrees. and assignees, and the person or persons whose signature appear below are authorized to sign this assurance tin behalf of the Applicant -Recipient • AYPL1 NT.aECIPIENT DATED S� (hn.Ae•N. Cl.a•rrnan et bnard M (,pw.'an611 e AIi"uU.+T•nEOPtLtiTS MA1LINCe ADDRESS ;�+�:... �_Y'•.. r�►i� ��Y}� �7 � � i v• �.: _."vi - . ti- • i�•v. � si; 'w:sae�—�s.,s:t 1 i i f j of 8r"'71 a 41 A JS ,,r��E Sr�re [AI W 1.r i FLORIDA DEPARTMENT OF STATE George F restone Secretary of State DIVISION OF ARCHIVES, HISTORY AND RECORDS MANAGEMENT The Capitol, Tallahassee, Florida 32301.8020 (904) 488- l 480 January 6, 1986 Ms. Sarah Eaton City of Miami Post Office Box 330708 Miami, Florida 33731 Re: Downtown Miami Master Plan: Preservation Element Dear Ms. Eaton: The enclosed items relating to -the above referenced project are forwarded for your unmediate action and future reference. 1. Grant Awa :E -Aging nt anti-Attac#uiients . iz_Please review the basic -agreement and-iitachirnnts carefully to avoid any misunderstanding of the limitations, conditions, and requirements of the grant. Then: a) have both copies signed by the person duly authorized to act fod the grantee organizati,onf b) have two witnesses sign both copies and c) return both copies to me for final execution We will enter the effective date upon final signature, and return one fully executed copy to you for retention in your project files. 2. Civil Rights Assurance foam (2_cops -.Please sign and date copies, and return one co to this office. in ... proje=files - 3. Schedule of Reports and Documentation - This is a listing of the items usually required to properly document the various types of projects, in the general sequence in which they will normally be &U:mitted to this office by the grantee. Please review the schedule to identify the reports and documentation required for your project, and retain it as a reminder of the submission requirements. FLORIDA-State of the Arts SC -71 A January 6, 1986 A F .wE l.re n FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State DIVISION OF ARCHIVES, HISTORY AND RECORDS MANAGEMENT The Capitol, Tallahassee, Florida 32301.8020 (904) 488.1480 Ms. Sarah Eaton City of Miami Post Office Box 330708 Miami, Florida 33731 Re: Downtown Miami Master Plan: Preservation Element Dear Ms. Eaton: The enclosed items relating to -the above referenced project are forwarded for your immediate action and future reference. 1. Grant Awai'�-Agresnent ar�d JAttac3�iieiits._(z_c�op � - Please review the basic agreettent and attachments carefully to avoid any misunderstanding of the limitations, conditions, and requirements of the grant. Then: a) have both copies signed by the person duly authorized to act foaf the grantee organization b) have two witnesses sign both copies and c) return both copies to me for final execution] We will enter the effective date upon final signature, and return one fully executed copy to you for retention in your project files. 2. Civil Rights Assurance form (2 copied - Please sign and date hoth ieafes, onCO e. Ae coW in _ ... p . _ ..!ile-qJ -- - 3. Schedule of Reports and Documentation - This is a listing of the items usually required to properly document the various types of projects, in the general sequence in which they will normally be submitted to this office by the grantee. Please review the schedule to identify the reports and documentation required for your project, and retain it as a reminder of the submission requirements. FLORIDA-State of the Arts 86 -71 A Ms. Sarah Eaton January 6, 1986 Page Two A 4. Reporting forms - The enclosed forms may be used to report project initiation, progress, and completion; to request reimbursement; and to document grantee mployment, volunteer services, and donated materials values. When properly ccmpleted and with the appropriate documentation attached, they will provide the information required by the Department to document project progress and to process grant payments. Additional copies may be reproduced locally or requested from the Department. However, use of these forms is optional. The required information may be submitted in letter form, or in any other convenient format, provided that all required information is included and all required doc=mtation attached. Please refer to Part II of Attachment A to the Grant Award Agreement. All correspondence and telephone contacts relating to the project should be addressed to Larry S. Paarlberg, who will be directly responsible for the administration of this grant. Please do not hesitate to write or call us at (904) 487-2333 if you have any questions or if we can �' assistance. Sincerely, C. George W. Percy Chief, Bureau of Historic Preservation GAIP: lsp Enclosures SE-71 A rZ rlovember 8, 1985 Mr. George Percy Bureau of Historic Preservation Division of Archives, History and Records Management Department of State Tallahassee, FL 32301 Dear Mr. Percy: The City of Miami is pleased to submit an application for grant funds under the Certified Local Government program. We believe our project is innovative and comprehensive and will serve as a model for other Florida cities. Sarah Eaton has been designated as project supervisor and will serve as the City's representative in matters pertaining to eadminist ation kind service of the grant. The matching funds indicated in the application have been committed from the City's General Fund and Community Development Block Grant funds. The City of Miami has indicated its intention of applying for certification under Florida's Certified Local Governmas possible program. Our formal application will be submitted to y assoon If you have any questions, please do not hesitate to call Sarah Eaton at 305- 579-6086. We are looking forward to working with you on this project. SP/SR cerely, Sergio Pereira City Manager OFFICE OF THE CIT'( V \NAC'R ,Iro ?an -\merir'an Drive/Miami. Florida 33133/13051 579-60.0 86-71 epArtment of State A, History and Records MENDMENT — T M:,tab,_-ment Form AH5E002 8-84 Application for Historic Preservation Grant -in -Aid Submit to: Bureau of Historic Preservation Division of Archives, History and Records Management Department of State Tallahassee, Florida 32301 PART I: APPLICATION SLI1II4ARY 1. Miami Master Plan: Preservation Element Project Title'. Downtown 2. Location of project area: Downtown Miami (including the Brickell, Omni b Overtown areas) Dade County, FL ATTACH MAP 4. Applicant name 6 address: City of Miami P. 0. Box 330708 Miami, FL 33133 3. Type of project: X Survey and Registration _ Acquisition and Development X Preservation Planning _ Preservation Education Certified Local Government 5. Status of applicant: X Governmental unit or agency Non-profit organization _ For profit organization Private individual 6. Designated Project Supervisor name: Sarah Eaton Daytime telephone no.: 305 9-6086 address: P. 0. Box 330708 Miami, FL 33133 Attach Copy of Letter of Designation. gr ant rant or X Federal grant 7. Application is for -- N*ote: For profit organizations and private individuals are not eligible for State grant funds. onfirm10. Grant funds 8. Total project cost 9. Cfunds: e$21.335ing requested: $20,000 estimate: $41 .335 9. In the space below, pr ovide a brief (one paragraph) synopsis of the project. This project will update and augment the Dade County survey of downtown Miami and will identify those historic districts and individual properties eligible for local designation or the National Register. A Multiple Resource Nomination and/or In Determination of Eligibility request will be prepared. adds rvati on h el emente ct will of the City include Miami's Downtown Master Plan _ 86 —'71 n�. P%R'T II SITE .V,,D TYPE INFOh_':1ITON A. Survey Projects Only 1. Indicate type of survey planned Comprehensive t 2. Define survey area: S.W. 15th Road on the Roughly bBiscayne Ray on the east, ounded by Biscay south, I-95 on the west, I-395 and the F.E.C. right-of-way on the northwest, and N.W. 20th Street on the north. 3. Indicate current land use: Commercial - 70% Warehouse - 10% Residential - 20% 4. is the area threatened? If so how? Yes. Intense development pressure Is the threat X imminent or potential? 5. Estimate the area to be surveyed 2 1/4 sq. mi. 6. Estimate the number of sites anticipated 100-200 updated FVSF Forms 7. Estimate the numer of potential National Register nominations anticipated One Multiple Resource nomination and/or ividu Determination of Eligibility request: 3 Historic Districts, 15 Budildingsl B. Development Projects Only 1. Type of structure or site 2. Present use: 3. Proposed use: 4. Present physical description 5. Indicate historic features to be preserved 7. Name and address 6. Status of plans b specs of architect _ not yet initiated in progress schematic complete -- detailed complete O. Planning and Education Projects On1Y Downtown Master Plan - Preservation Element 1. Type of project activity: re Tonal. X statewide impact. 2. Will the project have X_ local, __ g 3. What historic resources will this project help to preserve? Downtown Miami's historic buildings and districts 4. Has any similar project been carried out? No _ If so, give title, date and funding source. an` 86-'71 A A ies of �..?urk 1. Cost F,stiTates�e Lsci., �}tedreost � i-,jvol.ved and of�eachajor Salaries and Wa es anning Department Staff (see matching funds) $21,335 may O ami Consultants rc itectural Historian (Independent Evaluation of Survey S 2,000 Results) Historic Sites Specialist (Multiple. Resource Nomination) S S 4,500 4,500 Architect (Facade Studies)$ Economist (Financial Feasibility Studies) 4,500 Supplies and Materials $ 1,000 Photography S 1,000 Supplies/Xeroxing S 2,500 Printing Total cost :5t. $41 ,335 2. Matching Funds. List the sources and amounts of cunfirmed matching funds. Historic Preservation Planner (CDBG Funds) $15,315 $35,000 - 75% Downtown Master for 7 Plan months Coordinator (City of Miami General Fund) $ 3,200 $55,000 - 10% for 7 months Planning Illustrator (City of Miami General Fund) $ 1,800 $31.000 - 10% for 7 months Secretary (City of Miami General Fund) S 1,020 $25,000 - 7% for 7 months • Total confirmed match $21,335 Amount of grant funds re.;uested_ $ . 3. Tentative timetable. Indicate thesequence of work t.and the uniticpzted time required to complete each sta a of the p j Survey (FL Master Site File forms, research, identification of historic districts and properties eligible for NR) Consultant Selection Financial Feasibility Studies Facade Studies Independent Panel Evaluation and Rating of survey results Multiple Resource Nomination/Determination of Eligibility Final Report 86 -71 t' PART Lv PROJECr %!.:.'ArIVE 1. What specific historic preservation need or purpose will this project serve? Dade County Historic Survey in 1g79, Since the publication of the at least 40 of the 523 sites surveyed i n downtown Miami have been demolished. The City's Heritage Conservation, Ordinance has had only limited effectiveness in preventing demolition. A comprehensive plan must be developed to identify ways encouraging the preservation of these buildings. 2. How will the project e survey and eMultipler pu A comprehensiveResource Nomination or Determination of Eligibility request will provide a definitive guide as to which buildings and districts are significant. ani n e en ent The evaluation of these buildings and districts by P expert, respected in his tield, will add credibility to the results. Although the identification of historic sites is an important planning tool, buildings will continue to be demolished unless owners can be persuaded that preservation makes economic sense. Therefore, this project proposes to complete economic feasibility studies on the adaptive reuse of selected buildings and facade studies on possible rehabilitation treatments. Such studies will serve as marketing tools to convince owners to Downtown Masten rehabilitate their buildings. In addition, the Plan will identify other preservation incentives and tools. 3. What specific public benefit justifies the expenditure of public grant assistance funds for this project? Downtown Miami contains some of the City's most important historic resources. The preservation of these buildings would add to the quality of life in the downtown area and the City as a whole. The rehabilitation of these buildings would also contribute tri The ut development of o the economic revitalization of downtown Miami. master plan should serve as tamodel for rehensivether planslorida cities that will be developing_heir owncomp Part V Attachments and Certification 1. The following supporting documents are attached: X Copy of letter designating project supervisor Map showing location and boundaries of project area Photographs of existing conditions of project site X Documentation of confirmed matching funds Plans and specifications (development projects) 2. I certify that the information contained in this application is true and correct to the best of my knowledge,and hat I am the duly authorized representative of the applicant. Signature Title City Manager Date October3 1- 1985 8E-'71 All applicants for Historic Preservation funds are advised to provide the following information: 1. State House District number and name of State Representative for the project location. 104 - Barry Kuten 113 - Luis Morse 2. State Senate District number and nave of State Senator for the pro- ject location. 35 - Jack Gordon 3. Congressional District number and name of U.S. Congressman for the project location. 18 - Claude Pepper 4. Federal. Employment Identification number of applicant's organization. 59-600-03-75 5. For State agencies suppy F.D.A. code number or SAMAS number. N/A 8(;- 71 .... ...... RM I Wd"p I OR AREAS WITHIN STUCfy BOUNDARIES WHICH ARE OUTSIDE DOWNTOWN DEVELOPMENT AUTHORITY BOUNDARIES BOUNDARIES