HomeMy WebLinkAbout23461AGREEMENT INFORMATION
AGREEMENT NUMBER
23461
NAME/TYPE OF AGREEMENT
STATE OF FLORIDA DEPARTMENT OF HISTORICAL
RESOURCES
DESCRIPTION
HISTORIC PRESERVATION GRANT AWARD
AGREEMENT/MIAMI CITY CEMETERY PROJECT/FILE ID: J-92-
551/R-92-0551
EFFECTIVE DATE
ATTESTED BY
SYLVIA LOWMAN
ATTESTED DATE
5/21/1993
DATE RECEIVED FROM ISSUING
DEPT.
NOTE
u
•
DOCUMENT LOG FORM /CITY MANAGER'S OFFICE
Name of party (i e s) :
Document type:
Purpose:
Facility:
Date(s):
Department:
Contact person(questions):
Contact person(delivery):
Historic Preservation Grant
City Cemetery
Grant
Repair damages to headstones, mausoleums,
burial vaults, fences, landscaping and
other features
City Cemetery
Execution to September 30, 1993
Parks and Recreation
Dianne Johnson
Anita Moore
Tel.: 5240
Tel.: 5240
EXPENSC/IREVENUE
4,000
ACCOUNT(s)/PROJECT(s)
Authorizedby Resolution No. Niul re(0: `4(ATTACHED) OR
APPROVED BY: - lludget Di rector N/A ( IF GENERAL FUNDS)
CIP Administrator N/A (IF CIP FUNDS)
Comm.Dev.Di rector N/A (IF C.D. FUNDS)
x All City requirements have been met and the
document(s) is(are) ready for execution
Dept. Director/Uesigne(! Intf-
DEM'. DIRECTOR OR DESIGNE
Signa ure
ACM/Advisor' Date �f <S - 1 3
Ana t-ure
Date
Date Rec.by Mgr's. Off.:
Date signed by Mgr.:
Attested by City Clerk:
Returned to dept/office:
ORIGINAL TO CITY CLERK:
REV. 9/20/91
6
51-3
...?7A. _3
Historic Preservation Grant Award Agreement
AGREEMENT
Federal Hurricane Andrew Historic Preservation Grant
This AGREEMENT is between the State of Florida, Department of
State, Division of Historical Resources, hereinafter referred to
as the Department, and the City of Miami, hereinafter referred to
as the Grantee, relative to the Miami City Cemetery Project,
hereinafter referred to as the Project, and is entered into this
day of , 1993, and shall
end on September 30, 1993.
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. The Grantee has
applied for grant-in-aid assistance for the Project. The
application, incorporated by reference, has been reviewed and
approved in accordance with Chapter 1A-35, Florida Administrative
Code, which regulates Historic Preservation Grants -in -Aid.
Grant-in-aid funds in the amount of four thousand dollars
($4,000.00) have been reserved for the Project by the Department.
The Department and the Grantee agree as follows:
I. The Project shall include the following authorized project
work:
a. Completion of a survey to assess damage to headstones,
mausoleums, burial vaults, fences, landscaping and
other features;
b. Development of a plan for restoration of damaged
features identified in a. including prioritization and
recommendations for phasing restoration, specifications
for required repairs and cost estimates for each
proposed phase component of the required work; and
c. Submission of two copies of the survey and restoration
plan report to the Department.
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 as Attachment
"A", and Chapter 1A-35, Florida Administrative Code, and
the following specific conditions:
A. The Grantee agrees to complete the Project by September
30, 1993 and submit the Final Progress Report and Final
Expenditure Report, as specified in Attachment "A",
Part II, subparagraph B.1.b and B.1.d., within 30 days
of completion of project work. No costs incurred prior
iEN REM, :.,ivy
REVIEW, • PLEASE 1DEN1 U:Y AS
1
ma
to the commencement date of this Agreement are eligible
for payment from grant funds. No costs incurred after
the above project work completion date will be eligible
for payment unless specifically authorized by the
Department before the cost is incurred. No costs
incurred after the Final Expenditure Report is approved
by the Department are eligible for payment.
B. Funds shall be expended according to the Project
budget, as indicated in Attachment "B". The Department
and the Grantee agree that expenditures within each
budget item may be changed plus or minus fifteen
percent (15%) without approval from the Department
C. The Department and the State of Florida shall not
assume any liability for the acts, omissions to act or
negligence of the Grantee, its agents, servants or
employees;. nor shall the Grantee exclude liability for
its own acts, omissions to act or negligence to the
Department and the State. The Grantee hereby agrees to
be responsible for any injury or property damage
resulting from any activities conducted by the Grantee.
D. The Grantee, other than a state agency or subdivision
of the State, agrees to indemnify and hold the
Department harmless from and against any and all claims
or demands for damages to property, arising out of any
activities performed under this Agreement and shall
investigate all claims of every nature at its own
expense.
E. The Grantee shall be responsible for all work performed
and all expenses incurred in connection with the
Project. The Grantee may subcontract as necessary to
perform the services set forth in this Agreement,
including entering into subcontracts with vendors for
services and commodities, provided that such
subcontract has been approved in writing by the
Department prior to its execution, and provided that it
is understood by the Grantee that the Department shall
not be liable to the subcontractor for any expenses or
liabilities incurred under the subcontract and that the
Grantee shall be solely liable to the subcontractor for
all expenses and liabilities incurred under the
subcontract.
F. Neither the state nor any agency or subdivision of the
state waives any defense of sovereign immunity, or
increase the limits of its liability, upon entering
into this contractural relationship.
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G. 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.
H. The Grantee agrees that all acts to be performed by it
in connection with this Agreement shall be performed in
strict conformity with all applicable laws and
regulations of the State of Florida.
I. 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.
J. 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.
K. Bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for a
proper preaudit and postaudit thereof. Bills for any
travel expenses shall be submitted and paid in
accordance with Section 112.061, Florida Statutes.
L. The Grantee recognizes that the State of Florida, by
virtue of its sovereignty, is not required to pay any
taxes on the services, goods or equipment purchased as
an incident to such service.
M. The Department's performance and obligation to pay
under this Agreement are contingent upon an annual
appropriation by the Legislature. In the event that
the state funds on which this Agreement is dependent
are withdrawn, this Agreement is terminated and the
Department has no further liability to the Grantee
beyond that already incurred by the termination date.
In the event of a state revenue shortfall, the total
grant may be reduced accordingly.
N. All project work must be in compliance with the
Secretary of the Interior's Standards for
Rehabilitation.
0. In addition to the terms detailed in this Grant Award
Agreement, all Federal requirements governing grants
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(Office of Management and Budget Circulars A-21 or A-
87, A-102 or A-110, and A-128) are applicable.
P. The Grantee will not discriminate against any employee
employed in the performance of this Agreement, or
against any applicant for employment because of race,
creed, color, handicap, national origin, or sex. The
Grantee shall insert a similar provision in all
subcontracts for services by this Agreement.
Q. Unless authorized by law and agreed to in writing by
the Department, the Department shall not be liable to
pay attorney fees, interest or cost of collection.
R. These grant funds will not be used for lobbying the
Legislature, the Judicial branch or any state agency.
S. Each grantee, other than a grantee which is a state
agency, shall submit to an audit to be performed in
accordance with the rules of the Auditor General
promulgated pursuant to Section 11.45, Florida
Statutes, or submit an attestation statement. Such
audit or statement will be filed with the Department of
State and with the Auditor General. If the amounts
received exceed $100,000, an audit shall be performed
in accordance with the rules of the Auditor General
promulgated pursuant to Section 11.45, Florida
Statutes. If the amounts received exceed $25,000 but do
not exceed $100,000, an audit shall be performed in
accordance with the rules of the Auditor General
promulgated pursuant to Section 11.45, Florida
Statutes, or a statement shall be prepared by an
independent certified public accountant which attests
that the receiving entity or organization has complied
with the provisions of the grant. If the amounts
received do not exceed $25,000, the head of the entity
or organization shall attest, under penalties of
perjury, that the entity or organization has complied
with the provisions of the grant.
T. The product of the Project must be the original work of
the Grantee or its consultants. If the work of others
is used as background information, it shall be
appropriately credited to the originator.
III. The Department agrees to pay the Grantee for 1000 of the
allowable project costs pursuant to and as defined in
Attachment "A", of authorized project work as defined in
Section I above, up to a maximum payment of four thousand
dollars ($4,000.00) or the amount of actual cash expended
by the Grantee for project work, whichever is less.
Payment for project costs will also be contingent upon all
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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 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.
IV. The payment schedule of grant funds shall be subject to any
special conditions stipulated by the Office of the
Comptroller, State of Florida.
Surplus funds must be temporarily invested and the interest
earned on such investments shall be returned to the State
with the Final Expenditure Report.
V. This Agreement is executed and entered into in the State of
Florida, and shall be construed, performed, and enforced in
all respects in accordance with the laws and rules of the
State of Florida. Each party shall perform its obligations
hereunder in accordance with the terms and conditions of
this Agreement.
VI. Any provision of this Agreement in violation of the laws of
the State of Florida shall be ineffective to the extent of
such violation, without invalidating the remaining
provisions of this Agreement.
VII. No delay or omission to exercise any right, power or remedy
accruing to either party upon breach or default by either
party under this Agreement, shall impair any such right,
power or remedy of either party; nor shall. such delay or
omission be construed as a waiver of any such breach or
default, or any similar breach or default.
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VIII. Each grantee, other than a grantee which is a state agency,
agrees that its officers, agents and employees, in
performance of this Agreement shall act in the capacity of
an independent contractor and not as an officer, employee or
agent of the State. Each grantee, other than a grantee
which is a state agency, is not entitled to accrue any
benefits and any other rights or privileges connected with
employment in the State Career Service. The Grantee agrees
to take such steps as may be necessary to ensure that each
subcontractor of the Grantee will be deemed to be an
independent contractor and will not be considered or
permitted to be an agent, servant, joint venturer, or
partner of the State.
IX. Neither party shall assign, sublicense nor otherwise
transfer its rights, duties or obligations under this
Agreement without the prior written consent of the other
party which consent shall not unreasonably be withheld.
Any sublicense, assignment or transfer otherwise occurring
shall be null and void; provided, however, that the
Department shall at all times be entitled to assign or
transfer its rights, duties or obligations under this
Agreement to another governmental agency in the State of
Florida, upon giving prior written notice to the Grantee.
In the event the Department approves transfer of the
Grantee's obligations, the Grantee remains responsible for
all work performed and all expenses incurred in connection
with the Agreement.
X. This Agreement shall bind the successors, assigns and legal
representatives of the Grantee and of any legal entity that
succeeds to the obligation of the Department.
XI. The following provisions shall apply for the voluntary and
involuntary suspension or termination of the grant by
either the Department or the Grantee:.
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 an opportunity to show cause why the grant should
not be suspended. The notice of the suspension will
detail the reasons for the suspension, any corrective
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action required of the Grantee, and the effective date
of the suspension.
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 grant or
project at any time prior to the date of completion.
1. Termination for cause. The Department may terminate
the grant in whole or in part, at any time before the
date of completion, whenever it is determined that the
Grantee has failed to comply with the terms and
conditions of the grant. The Department will promptly
notify the Grantee in writing of the termination and the
reasons for the termination, together with the effective
date. In the event that the funds are not used for the
purpose for which intended by the grant, or if it is
later determined that the project failed to meet grant
qualification requirements, then, at the option of the
Department, any portion of the grant previously advanced
shall be repaid to the Department.
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2. 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 the Grantee prior to satisfactory
completion without 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 noncancelable
obligations properly incurred by the Grantee prior to
termination. Costs incurred after the effective date
of the termination will be disallowed.
XII. Unless there is a change of address, any notice required by
this Agreement shall be delivered to the Bureau of Historic
Preservation, Division of Historical Resources, Florida
Department of State, R. A. Gray Building, 500 South
Bronough Street, Tallahassee, Florida 32399-0250 for the
Department, and to City of Miami, 1390 N.W. 7th Street,
Miami, Florida, 33125 for the Grantee.
XIII. 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. No change or addition to this Agreement
shall be effective unless in writing and properly executed
by the parties.
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The Department and the Grantee have read this Agreement and the
Attachments hereto and have affixed their signatures:
WITNESSES: DEPARTMENT OF STATE
ATTEST:
MAT/ HIRAI
CI CLERK
APPROVED AS TO FORM AND
CORRECTNESS:
9
GEORGE W. PERCY
Director, Division of
Historical Resources
SUZANNE P. WALKER
Chief, Bureau of Historic
Preservation
Division of Historical
Resources
CESAR H. ODIO
CITY MANAGER
HISTORIC PRESERVATION GRANT AWARD AGREEMENT
ATTACHMENT B
PRELIMINARY BUDGET
Project: Miami City Cemetery
Budget: 1. Assessment of Damage & $1,500.00
Inventory
2. Preparation of Report
2,500.00
Total Project Cost $4,000.00
Bureau of HistoricPreservation
DEPARTMENT OF STATE
Request for Advanced Grant Payment
TO:
City of Miami
1390 N.W. 7th Street
Miami, Florida 33125
**Organization's Federal Employment I.D. #: 59-6000375
*************************************************
Total Contract Amount $4,000.00
Prior Payment $ 0.00
Balance to Date $4,000.00
THIS PAYMENT $4,000.00
Balance Due $ 0.00
Authorized Signature
Typed Name and Title of
Authorized Official
FIRST and FINAL PAYMENT
ORG. CODE: 45204050
E.O.: F3
OBJECT CODE: 710000
CATEGORY: 101547
GRANT NUMBER: F9318
*** Please have the fiscal office call Diane Alfred at 488-1480
when the warrant is ready. ***
Historic Preservation Grant Award Agreement
AttachmErit
General and Special Conditions Governing Grants
and
Administrative Instructions
for
Historic Preservation Project
Accountability
For Advanced Payment
State of Florida
Department of State, Division of Historical Resources
JULY, 1992
ntm-czaductican and Definitions
In accordance with the provisions of Chapter 267, Florida
Statutes, the Division of Historical Resources, Department of
State 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 funds authorized by the Florida Legislature and from the
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.
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"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,
State, Division of Historical Resources.
"Grantee" means the. agency, organization,
named in the Grant Award Agreement.
"Grant Period" means the period of time beginning on the
effective date of the grant award agreement and ending on the
date specified 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.
Department of
or individual
"Project period" means the period of time beginning on the
effective date of the grant award agreement and ending when the
project completion report is approved by the Department or on the
date otherwise specified in the grant award agreement or any
amendment thereto.
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PART I
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, contractors, or employees to which grant-in-aid
funds are paid. Failure by the grantee to comply with the
conditions of grant assistance will be considered to be
noncbmpliance (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 officials, mayors, and
city and county commissions of the nature and
benefits of the project.
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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.
d. There shall be an effort on the part of the
grantee to encourage publication of one or more
feature stories on the grantee's project by a
newspaper, magazine or television program of at
least local circulation. Satisfactory evidence
regarding feature stories shall consist of a copy
of any newspaper or magazine articles; or
letter(s) from grantees to newspapers, magazines
or television stations requesting a feature story;
or a letter(s) from newspapers, magazines or
television stations indicating 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
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 assistance (at any stage of the
project) to the community through a dedication or
other public ceremony of some nature.
f. Federally funded projects: All news releases and
promotional materials relating to the project
shall contain acknowledgement of grant assistance,
substantially as follows: "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, administered through the Bureau of
Historic Preservation, Florida Department of
State, assisted by the Historic Preservation
Advisory Council. 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.
This program receives Federal financial assistance
for identification and protection of historic
properties. Under Title VI of the Civil Rights
Act of 1964 and Section 504 of the Rehabilitation
Act of 1973, the U.S. Department of the Interior
prohibits discrimination on the basis of race,
color, national origin, or handicap in its
federally assisted programs. If you believe you
have been discriminated against in any program,
activity, or facility as described above, or if
you desire further information, please write to:
Office for Equal Opportunity, U.S. Department of
the Interior, Washington, D.C. 20240."
g. State funded projects: All news releases and
promotional materials relating to the project
shall contain acknowledgement of grant assistance,
substantially as follows: "This project (or
publication) has been financed in part with
historic preservation grant assistance provided by
the Bureau of Historic Preservation, Florida
Department of State, assisted by the Historic
Preservation Advisory Council. However, the
contents and opinions do not necessarily reflect
the views and opinions of the Florida Department
of State, nor does the mention of trade names or
commercial products constitute endorsement or
recommendation by the Florida Department of State.
2. 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.
3. 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 allowableproject 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.
4. Extension of Grant Period. No extension of the grant
period in excess of six (6) months or beyond the period
of availability of appropriated grant funds will be
authorized.
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5. 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.
6. 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.
7. 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.
8. 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.
9. Contingent Fees. No person, agency, or other
organization may be employed or retained to solicit or
secure a grant or contract upon an agreement or
understanding for commission, percentage, brokerage, or
contingent fee. For breach or violation of this
prohibition, the Department shall have the right to
annul the grant without liability or, at its
discretion, to deduct from the grant or otherwise
recover the full amount of such commission, percentage,
brokerage or contingent fee, or to seek such other
remedies as may be legally available.
6
10. Use of Individual Consultants. No project funds shall
be used for the payment of fees to individual
consultants without the written authorization of the
Department. The procurement of individual consultant
services must be justified and documented in accordance
with the Administrative Instructions for Historic
Preservation Project Accountability contained in Part
II herein. In no case will consultant fees over and
above regular salary be paid to employees of the
grantee organization or of professional firms or
organizations whose services have been properly
procured by the grantee for the project. The grantee
will not. use any project funds or funds from other
sources to pay a consultant or other fee to, or travel
expenses of, employees of the State or Federal
government for lectures, attending program functions,
or any other activities in connection with the project.
11. Civil Rights Compliance. The grantee will assure that
the project is administered in conformance with the
Civil Rights Act of 1964, as amended, and Section 504
of the Rehabilitation Act of 1973, as amended. Title
VI of the Civil Rights Act of 1964 states that no
person will, on the grounds of race, color, or national
origin, be excluded from participation in, be denied
the benefits of, or be otherwise subjected to
discrimination under any program or activity receiving
Federal financial assistance. Section 504 of the
Rehabilitation Act of 1973 requires that no qualified
handicapped individual is solely, by reason of
handicap, excluded from participation in, denied the
benefits of, or subjected to discrimination under any
program or activity receiving Federal financial
assistance. Every grantee is required to submit an
Assurance of Compliance (Form DI-1350). No grant
awards may be made without an Assurance of Compliance
on file. If any real property or structure thereon is
provided or improved with the aid of Federal financial
assistance, this assurance will obligate the grantee,
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 for which
the Federal financial assistance is extended (see
paragraphs B.2 and 3 below). All publications produced
with Federal funds shall contain the non-discrimination
statement contained in paragraph A.1.h. above.
7
12. Discrimination in Employment Prohibited. In all hiring
or employment in connection with the project, each
employer (1) will not discriminate against any employee
or applicant for employment because of race, color,
religion, sex, age, or national origin, and (2) will
take affirmative action to ensure that applicants are
employed, and that employees are treated during
employment, without regard to race, color, religion,
sex, age, or national origin. In addition, no
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
contractorswill 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.
13. 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.
14. Political Activities. No expenditure of project funds
may be made for the use of equipment or premises for
political purposes, sponsoring or conducting candi-
date's meeting(s), engaging in voter registration
activity or voter transportation activity, or other
partisan political activities.
15. 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.
16. 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
8
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,
as proscribed in 18 USC 1913.
17. Safety Precautions and Liability. The Department
assumes no responsibility with respect to accidents,
illness, 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 issuedpursuant 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 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 as provided and limited
by Florida Law.
18. 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 the
Administrative Instructions for Historic Preservation
Project Accountability. The grantee is required to
comply with the Single Audit Act of 1984 for State or
local governments or the audit requirements for Office
of Management and Budget Circular A-110 for
universities and non-profit organizations.
19. 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.
9
20. 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.
21. 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.
22. 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 grant; 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 grantee agrees to, and awards to the State and
Federal Governments and to its officers, agents,
and employees acting within the scope of their
official duties, a royalty -free, nonexclusive and
irrevocable license throughout the world for State
and Federal Government purposes, to publish,
translate, reproduce, and use all subject data or
copyrightable material based on such data covered
by the copyright.
10
c. The grantee shall not include in the subject data
any copyrighted matter without the written
approval of the copyright owner which provides the
State and Federal Governments with the written
permission of the copyright owner for the State
and Federal Governments to use the material in the
manner provided in b. above.
d. Nothing contained in the foregoing shall imply a
license to the State and Federal Governments under
any patent or be construed as affecting the scope
of any license or other rights otherwise granted
to the State and Federal Governments under any
patent..
e. Unless otherwise limited below, the State and
Federal Governments 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 and
acceptance, the State and Federal Governments
shall have the right at any time to modify,
remove, obliterate, or ignore any marking not
authorized by the terms of a grant on any piece of
subject data furnished under the grant.
23. 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;
b. the Coastal Barrier Resources Act prohibiting
acquisition and development activity on coastal
barrier islands;
11
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
control and abatement
e.Executive Order 11988
flood hazards;
relating to the prevention,
of water pollution;
relating to evaluation of
f. Executive Order 11990 relating
of wetlands; and
g•
to the protection
the Lead -Based Paint Poisoning Protection Act, as
amended, 48 USC 4801 et. seq., prohibiting the use
of lead -based paints in residential structures.
24. 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.
25. 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.
26. 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 work. In accordance with Executive
Order 11755, no person undergoing a sentence of
imprisonment at hard labor shall be employed on grant
assisted pro.ject work.
27. Minority Businesses. The grantee shall encourage
greater economic opportunity for minority business
enterprises, as defined in Chapter 288.703, Florida
Statutes, in accomplishment of project work. To the
maximum extent possible, the grantee and its -
consultants or contractors will take affirmative steps
12
the division of total requirements, when
economically feasible, into small tasks: or
quantities to permit maximum participation of
minority businesses;
(4) the establishment of reasonable delivery
schedules when feasible, so as to encourage
participation by minority businesses; and
utilization of the services and assistance of
the Small Business Administration and the
Minority Business Development Agency of the
U. S. Department of Commerce.. Grantees shall
report utilization of minority business
enterprises for Federal reporting purposes.
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.
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. In projects
utilizing grant funds derived from Federal sources, 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
to assure that minority businesses are used as sources
of supplies, equipment, construction, and services.
Affirmative steps shall include but not necessarily be
limited to the following:
(1) inclusion of qualified minority businesses on
solicitation lists;
(2) the assurance minority businesses are
solicited whenever they are identified as
potential source;
(3)
(5)
13
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:
a. grant assistance up to $25,000 -,5 years;
b. grant assistance of $25,001 to $50,000 - 10 years;
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.
14
4. Accessibility for the Handicapped. The grantee shall
ensure that the grant assisted property meets the
requirements of the Americans with Disabilities Act,
Public Law 101-336; Section 255.21, Florida Statutes;
and Part V, Chapter 553, 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 and The Secretary
of the Interior's Standards for Rehabilitation.
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.
15
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 process. The sign must be a minimum of
eight (8) square feet in size (usually 2x4 feet), be constructed
of plywood or other durable material, and identify the project
and source of grant support. Any variation in the above
specifications must be approved by the Department. The sign
wording shall contain acknowledgement of grant assistance (see
paragraph A.1.f. above). Cost of preparation and erection of the
project identification sign are allowable project costs; routine
maintenance costs of signs are not allowable.
16
PART I I
Administrative Instructions for
Historic Preservation Project Accountability
These instructions are intended to assist historic
preservation grant recipientsin meeting the accounting and
public benefit requirements of the historic preservation grants-
in-aid programs administered by the Department.
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 years following
completion of the project,.or until such time as any litigation,
claims, or audit questions arising from examination 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 pay 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.
17
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 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 less.
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 providemaximum 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 $10,000 may
be procured by purchase order, acceptance of
vendor proposal, or other sound and
appropriate procurement document, provided
that:
18
(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 $10,000 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:
(a) the request for proposals is publicized
by notices in newspapers or trade
journals of local circulation, in
addition to individual solicitations;
and
(3)
(b) the request for proposals identifies all
significant evaluation factors and their
relative importance.
Competitive Sealed Bids. Except as provided'
in subsection (4) below, contracts for the
procurement of goods and services costing, in
aggregate, $10.,000 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. Further-
more, commodities and services may be pro-
cured
by competitive proposals when competi-.
19
tive sealed bidding is not practical or is
not advantageous to the State, but only with
prior written approval of the Department.
b. Qualificationof Contractors. It is essentialthat
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
or business permits; and
(3) evidence ofany 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
allowfor 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 terminated because
of circumstances beyond the control of the
contractor.
20
(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.
(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 publication of data shall
include notice of the conditions relating to
copyrights contained in paragraph I.A.22.
(7) All contracts in excess of $100,000shall
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 -fee or cost -reimbursable
basis.
(2) Procurement by the competitive sealed bid -
method shall be priced on a firm -fixed -fee
basis.
21
(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 or compliance with
procurement procedures' prior to the execution or
any contract for project work:
(1) copies of the solicitation for proposals 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 reports on a quarterly basis which must include
a Request for Advanced Payment for the first three
quarters, a Quarterly Project Progress Report for each
quarter just completed, and a Quarterly Expenditure
Report for each quarter just completed. Payment of the
next quarterly installment will not be delayed for
review of the required financial documentation except
for the final quarterly payment.
a. Determination of Allowable Project Costs. The
total project cost submitted by the grantee might
contain expenditures that are not allowable in
determining the eligible costs in accordance with
the grant award agreement. The Department will
review each Quarterly Expenditure Report, and make
its determination of the eligible costs on the
basis of the following criteria:
(1) Allowable project costs shall include:
(a) costs incurred by contract for
procurement of goods and services
22
approved by the Department in accordance
with II.A.2.e above;
(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 donated
services and materials.
(2) Costs not allowable shall include:
(a) project costs incurred outside the
project period;
(b) costs of goods and 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;
23
(2). include copies of initial news releases
and letters to public officials
b. Quarterly Project Progress Report - Final- to
be submitted within 30 days of completion of
all project work in conjunction with the
Quarterly Expenditure Report -Final. This
report shall include:
(1). a brief description of work accomplished
during the previous two months;
(2). a description of any unusual problems or
conditions encountered or any unusual
methods, materials, ortechniques
employed;
a description and explanation of any
significant differences between the
planned project budget and the actual
project costs;
(4). such other comments as may be deemed
appropriate;
(5). a statement of the total cost of all
project work;
(6). copies of final news releases and
letters to public officials; and
(7). description of any economic benefits
achieved from the project.
c. Quarterly Expenditure Report - to be
submitted at the end of each quarter within
the grant period.
d. Quarterly Expenditure Report - Final- to be
submitted within 30 days of completion of all
project work.
C. Specific Provisions Relating to Institutions of Higher
Education. Grants awarded to a publicly financed college or
university (other than for -profit institutions) shall be
administered under the provisions of Office of Management
and Budget Circular A-110, "Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other
Nonprofit Organizations."
(3).
26
Documentation of Grantee Direct Costs. Documentation in
support of a request for payment of the costs of
materials and services provided by the grantee,
including those procured by small purchase procedures,
shall include:
a. copies or written evidence of a certified audit,
conducted in accordance with State audit
requirements, of all allowable expenses paid
through an institution -of higher education,
pertaining to the project work for which payment
is requested; and
b. copies of all vendor invoices or statements,
pertaining to the project, as well as all
cancelled checks or copies thereof, or other
evidence of expenditure for all allowable
activities or supplies which are not paid for
through an institution of higher learning.
2. Transfer of Grant Funds.
a. Due to the time necessary for the performance of
the audit specified in II.C.1.a. above, payment of
project costs will be made in response to a
grantee's invoice prior to receipt of the
certified audit.
b. The grantee shall repay to the Department
immediately any expenses which the certified audit
reveals as unallowable or overpaid.
27
J-92-644
9g10/92
RESOLUTION NO. 9 2 5 5 1
A RESOLUTION, BY AN AFFIRMATIVE VOTE OF 4/5THS
OF THE MEMBERS OF THE CITY COMMISSION, WAIVING
FORMAL COMPETITIVE BID AND SELECTION
PROCEDURES FOR THE ACQUISITION OF SUCH
SERVICES, EQUIPMENT, GOODS AND/OR MATERIALS AS
MAY BE REQUIRED FOR BURDEN RELIEF AND DISASTER
ASSISTANCE DUE TO THE DAMAGE CAUSED BY, AND
AFTERMATH OF, HURRICANE ANDREW; RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S
WRITTEN FINDING THAT A VALID PUBLIC EMERGENCY
EXISTS JUSTIFYING SUCH WAIVER FOR SAID BURDEN
RELIEF AND. DISASTER ASSISTANCE; ,AUTHORIZING
THE CITY MANAGER TO UTILIZE CITY' FORCES IN
RESPONSE TO SAID DISASTER AS MAY BE REQUIRED;
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S PREVIOUS EXPENDITURE OF MONIES FOR
CONTRACTS AND AWARDS IN CONJUNCTION WITH SAID
BURDEN RELIEF AND ASSISTANCE; AUTHORIZING THE
CITY MANAGER TO ACCEPT THE MOST REASONABLE,
RESPONSIVE AND RESPONSIBLE BID(S) FOR
NECESSARY IMPROVEMENTS, SERVICES, EQUIPMENT,
GOODS AND/OR MATERIALS ASSOCIATED WITH SAID
BURDEN RELIEF AND DISASTER ASSISTANCE;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY AGREEMENT(S), IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, FOR PROFESSIONAL
SERVICES, AS MAY BE REQUIRED FOR SAID PURPOSE;
FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE CONTRACTS AND/OR PURCHASE ORDERS FOR
ACQUISITION OF SUCH SERVICES, EQUIPMENT, GOODS
AND/OR MATERIALS AS MAY BE REQUIRED;' PROVIDING
THAT THE CITY MANAGER BE PERMITTED TO PROCEED
IN THE FUTURE WITHOUT EXPRESS CITY COMMISSION
APPROVAL IN HIS EXECUTION OF SUCH PURCHASE
ORDERS, CONTRACTS AND/OR AGREEMENTS AND IN HIS
EXPENDITURE OF MONIES FOR SAID CONTRACTS AND
AWARDS IN CONJUNCTION WITH SAID.BURDEN RELIEF
AND ASSISTANCE WHERE SAID CONTRACT OR AWARD
DOES NOT EXCEED $150,000; INSTRUCTING THE CITY
MANAGER TO SUBMIT TO EACH CITY COMMISSIONER A
COPY OF EACH CONTRACT AND PURCHASE ORDER
ISSUED PURSUANT TO THIS RESOLUTION THE SAME
DAY SAID CONTRACT, PURCHASE ORDER AND/OR
CITY COMMISSION
MEETING OE
SEP 1 0 1992
Resolution No,
92- 551
AGREEMENT IS EXECUTED BY HIM; FURTHER
PROVIDING THAT THIS RESOLUTION SHALL BE VALID
FOR THIRTY (30) DAYS AND AUTOMATICALLY RENEWED
EVERY THIRTY (30) DAYS UNTIL FURTHER ACTION BY
THE CITY COMMISSION.
WHEREAS, On August 24, 1992, the City of Miami suffered the
wrath of a devastating hurricane; and
WHEREAS, it was necessary to eliminate immediate threats to
the life, health and safety of residents and employees, and
eliminate immediate threats to undamaged property, as well as
ensure economic recovery to the
WHEREAS, the City Manager
valid public
emergency
exists
City and the community; and
has made a written finding that a
justifying the waiver of formal
competitive sealed bid and competitive selection procedures in
order to meet the immediate needs of the City and the community
for the purpose of providing for the health, safety and welfare
of its citizens and employees;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager's written finding that a valid
public emergency exists justifying the waiver of formal
2
92- 551
competitive sealed bid and competitive selection procedures for
the acquisition of such services, equipment
goods and/or
materials as may be required for burden relief and disaster
assistance due to damages caused by, and the aftermath of,
Hurricane Andrew is hereby ratified, approved and confirmed.
Section 3. By an affirmative vote of 4/5ths
of the City Commission, formal competitive sealed
for the procurement of services, equipment,
materials for the purpose of eliminating immediate
life, health and safety of residents and employees
of the members
bid procedures
goods and/or
threats to the
, and eliminate
immediate threats to undamaged property, as well as
economic recovery
waived. 1/
to the City and the community are
ensure
hereby
Section 4. The City Manager is hereby authorized to utilize
City forces to participate in the burden relief and disaster
assistance, as may be required.
Section 5. The City Manager is hereby authorized to accept
the most
necessary
materials
reasonable, responsive and responsible bid(s) for
improvements, services, equipment, goods and/or
associated with said burden relief and disaster
1/ The Code required time limitations for solicitations of formal
sealed bids are hereby waived.
3
92- 551
assistance and to execute the necessary purchase order(s) and/or
agreement(s) , in a form acceptable to the City Attorney.
Section 6. The City Commission hereby ratifies, approves
and confirms the City Manager's previous expenditure of monies
for contracts and awards in conjunction with the burden relief
and disaster assistance.
Section 7. The City Manager is hereby authorized to execute
agreement(s) contract(s) and/or purchase order(s) for acquisition
of such services, equipment, goods and/or materials as may be
required for burden relief and disaster assistance.
Section 8. The City Manager is hereby permitted to proceed
without express City Commission approval in his execution of such
purchase orders, contracts and/or agreements and in his
expenditures of monies for contracts and awards in conjunction
with said burden relief and assistance where such expenditure of
monies for any contract and/or award in connection therewith does
not exceed $150,000.
Section 9. The City Manager is instructed to submit to each
City Commissioner a copy of each contract, purchase order and/or
agreement issued pursuant to this Resolution on the same day said
contract or purchase order is executed by him.
Z/ The herein authorizations are further subject to compliance
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
92- 551
4
Section 10. This Resolution shall be valid for thirty (30)
days and automatically renewed every thirty (30) days until
further action by the City Commission.
Section 11. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this loth day of September , 1992.
XAVIER L.`SIJAREZ, 'MAYOR
ATTES
MATTY'HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
CARMEN L. L ON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
M3181:C :ra
92- 551
5