99-23172 RESO
RESOLUTION NO. 99-23172
RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,
TO SUBMIT TWO APPLICATIONS TO THE FLORIDA
DEPARTMENT OF STATE, GRANTS AND EDUCATION
SECTION OF THE BUREAU OF HISTORIC
PRESERVATION, FOR ADA COMPLIANCE AND
REHABILITATION FOR: 1) FIRE STATION #2 IN THE
AMOUNT OF $250,000 WITH A MATCH OF $375,000; AND 2)
THE COLONY THEATER IN THE AMOUNT OF $225,000
WITH A MATCH OF $780,000; AND AUTHORIZING THE
ACCEPTANCE OF THE GRANTS, IF AWARDED.
WHEREAS, the Florida Legislature appropriates funds each year for Special Category
Grants to support the restoration or rehabilitation of properties of state-wide, regional or community
historical or architectural significance; and
WHEREAS, the City of Miami Beach has determined to provide handicapped accessibility
to Fire Station #2 and the Colony Theater while renovating these historic structures; and
WHEREAS, the City has identified $375,000 in local funds for the renovation of Fire
Station #2 which may be used for the required local match for the State grant; and
WHEREAS, City has also identified $780,000 in grant and local funds which may be used
for the local match to provide handicapped accessibility and needed repairs to the Colony Theater.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission of the City of Miami Beach, Florida, authorize the City Manager, or his designee, to
submit two applications to the Florida Department of State, Grants and Education Section of the
Bureau of Historic Preservation, for ADA compliance and rehabilitation for: 1) Fire Station #2 in
the amount of $250,000 with a match of $375,000; and 2) the Colony Theater in the amount of
$225,000 with a match of$780,000; and authorizing the acceptance of the grants, if awarded.
APPROVED AND ADOPTED THIS 26TH DAY OF MAY, 1999.
ATTEST: ;1~ yllffROVED I>S TO
FORM & LANGUAGE
& FOR EXECUTION
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CITY CLERK
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO. ~~.. '7'7
TO:
Mayor Neisen O. Kasdin and
Members of the City C mission
DATE: May 26, 1999
FROM: Sergio Rodriguez
City Manager
SUBJECT: A RESO ON OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO SUBMIT TWO APPLICATIONS TO
THE FLORIDA DEPARTMENT OF STATE, GRANTS AND EDUCATION
SECTION OF THE BUREAU OF HISTORIC PRESERVATION, FOR ADA
COMPLIANCE AND REHABILITATION FOR: 1) FIRE STATION #2 IN
THE AMOUNT OF $250,000 WITH A MATCH OF $375,000; AND 2) THE
COLONY THEATER IN THE AMOUNT OF $225,000 WITH A MATCH OF
$780,000; AND AUTHORIZING THE ACCEPTANCE OF THE GRANTS, IF
AWARDED.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
The Florida Department of State solicited grant applications from local municipalities under Special
Category Grants. This grant program supports the restoration or rehabilitation of properties with
state-wide, regional or community historical or architectural significance. In an effort to draw
attention to the needs of such historic sites and properties, the Department of State offers legislative
grants for major historic preservation and historic museum projects with grant assistance needs in
excess of $50,000.
Proposals are submitted to the Department of State and reviewed by an advisory council who makes
recommendations to the Secretary of State. The Secretary will select the final projects for inclusion
in the Department of State's Fiscal Year 2000-2001 legislative budget, and the award and level of
funding for each Special Category project is subject to specific legislative appropriation. Grant
proposals are due June I, 1999.
AGENDA ITEM e 1 C
DATE 5A 2lo-4CJ
COMMISSION MEMORANDUM
MAY 26,1999
PAGE 2
The City is proposing to submit two grant applications under this program. One application would
be in the amount of $250,000 for the restoration of Fire Station #2. The second application in the
amount of $225,000 is for the renovation of the Colony Theater. Envisioned in the scope of work
for both applications are the provisions for handicapped accessibility at both historic buildings. The
grants require a match oflocal funds. The City has allocated $375,000 for renovation of the fire
station which can be used to match the grant funds. The City has also identified $780,000 in grants
and local funds which can be used as a match for the Colony Theater.
ANALYSIS:
With the adoption of this resolution, the City Commission and Mayor are authorizing the City
Manager, or his designee, to submit two applications to the Bureau of Historic Preservation for funds
to provide ADA compliance and rehabilitation for Fire Station #2 and the Colony Theater. If the
State awards these grants to the City, the funds will supplement the City's allocation to provide
accessibility to the handicapped and to renovate these historic buildings in Miami Beach.
CONCLUSION:
The Administration recommends approval of the attached Resolution of the Mayor and City
Commission of the City of Miami Beach, Florida, authorizing the City Manager, or his designee,
to submit two applications to the Florida Department of State, Grants and Education Section of the
Bureau of Historic Preservation, for ADA compliance and rehabilitation for: 1) Fire Station #2 in
the amount of $250,000 with a match of $375,000; and 2) the Colony Theater in the amount of
$225,000 with a match of $780,000; and authorizing the acceptance of the grants, if awarded.
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T:\AGENDA\1999\MA Y2699\CONSENT\HISTPRES.CMC
Historic Preservation Grant Award Agreement
Special Category Grants
Grant No. SC114
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 Beach, a municipal corporation existing under the
laws of the State of Florida, hereinafter referred to as the Grantee, relative to the Fire Station No.2, hereinafter
referred to as the Project, and is entered into this ~day of , 2001.
The Department is responsible for the administration of grant -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
lA-35, Florida Administrative Code, which regulates Historic Preservation Grants-in-Aid. Subject to the limitations
set forth in this Agreement, grant-in-aid funds in the amount of $270,000.00 (two hundred seventy thousand
dollars) have been reserved for the Project by the Department. The Department and the Grantee agree as follows:
1. Scope of Work
The Project shall include the following authorized project work:
Rehabilitation and exterior restoration of the building for continued use as a fire station. Project work
will include:
a. Architectural and engineering services;
b. Structural improvements and restoration of the hose tower;
c. Installation of an elevator and other improvements for ADA compliance; and
d. Interior rehabilitation, fa~ade restoration, and installation of storm shutters.
2. Grant Period
The grant period is effective on the date of the final signing of the Grant A ward Agreement by all parties and
ends on March 31, 2002. All grant funds must be expended or be encumbered under the terms of a binding
contractual agreement by the Agreement ending date.
3. Disbursement of Funds
a. Grant funds may be paid in four installments. Grantees shall submit the four signed Requests for
Advanced Payment forms with this signed Grant A ward Agreement to initiate the grant. The first
installment may be requested by the Department upon full execution of the Grant A ward Agreement, and
for those projects requiring Restrictive Covenants, submission of a complete copy of the Restrictive
Covenants showing that it has been recorded by the appropriate Clerk of the Circuit Court. The second
payment may be requested after the beginning of the second state fiscal quarter. The third payment may be
requested after the beginning of the third state fiscal quarter and receipt of the project progress and
expenditure report for the Project's first reporting period. The fmal payment of grant funds may be
requested when the Grantee demonstrates that the funds have been encumbered under the terms of binding
contractual agreement or agreements, review and approval of project plans and specifications by the
Department, and confirmation of the Grantee's local cost share. However, this payment schedule shall be
subject to the timely filing of required reports and to any special conditions required by the Office of the
Comptroller of the State of Florida.
b. The Grantee shall temporarily invest surplus grant funds in an interest bearing account, and interest earned
on such investments shall be returned to the Department quarterly.
4. Accounting Requirements
The Grantee shall maintain an accounting system which provides for a complete record of the use of all grant
funds. This accounting system shall provide for:
a. Accurate, current, and complete disclosure of the status of all grant funds.
b. Records that identify adequately the application of funds for all activities related to the gran!. In the
absence of a proper accounting system with amounts detailing the application of funds, a separate checking
account, containing only grant funds or specifically designated for grant funds, may be used.
c. Effective control over and accountability for all funds, property, and other assets.
d. Accounting records that are supported by source documentation (i.e., invoices, bills, cancelled checks) and
are sufficiently detailed to allow for a proper preaudit and postaudi!.
5. Retention of Accounting Records
a. Financial records, supporting documents, statistical records, and all other records including electronic
storage media pertinent to the Project shall be retained for a period of five years after the end of the grant
period. If any litigation or audit is initiated, or claim made, before the expiration of the five year period,
the records shall be retained until the litigation, audit, or claim has been resolved.
b. The Grantee shall make all grant records of expenditures, copies of reports, books, and related
documentation including electronic storage media available to the Department or a duly authorized
representative of the State of Florida for inspection at a reasonable time for the purpose of conducting
audits, examinations, excerpts and transcripts.
6. Expenditures
a. All expenditures must be directly related to the purpose of this grant and must be easily identified as such.
b. Project costs may not include any expenditure or cost not directly related to the purpose of this grant as set
forth in the scope of work.
c. No expenditures shall be made from these grant funds for any costs incurred prior to the date of this
Agreement unless authorized by the Department in writing prior to the expenditure.
d. These grant funds will not be used for lobbying the Legislature, the judicial branch or any state agency.
e. The Department shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of
collection related to the Grant.
f. The Grantee shall not charge the Department for any travel expense without the Department's prior written
approval. Upon obtaining written approval, the Grantee shall be authorized to incur travel expenses to be
reimbursed in accordance with the provisions of Section 112.061, Florida Statutes.
7. Restrictive Covenants
With the exception of those properties owned by the State of Florida or the United States Federal Government,
as a condition for receiving grant funds, the Grantee shall have fully executed and duly recorded in the county
in which the property is located, the enclosed Restrictive Covenants agreeing to the continued maintenance,
repair and administration of the property receiving grant assistance in a manner satisfactory to the Department
for a period of ten years from the date of recordation by the appropriate Clerk of the Circuit Court.
8. Standards
The Grantee shall carry out all project work in compliance with the Secretary of the Interior's Standards for
Rehabilitation or the Secretary of the Interior's Standards for Archaeological Documentation, which are
incorporated by reference.
9. Review
Pursuant to Section 267.061(3)(i), Florida Statutes, the Grantee shall provide the Department an opportunity to
review and approve architectural documents for the project at the following points in their development:
a. upon completion of schematic design;
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b. upon completion of design development and outline specifications; and
c. upon completion of working drawings and specifications, prior to execution of the construction contract.
10. Proeurement Documentation
The Grantee shall submit complete bid documents and a copy of the fmal contract for construction work to the
Department for review and approval prior to fmal execution by the Grantee.
11. Progress and Expenditure Reports
The Grantee shall submit to the Department a completed "Progress and Expenditure Report" form for every
reporting period of the grant period. Progress and Expenditure Reports shall be received by the Department
within 30 days of the ending of a reporting period.
Within 30 days of completion of project work, the Grantee shall submit the completed "Final Progress and
Expenditure Report" form to the Department.
12. Notices, Schedules and Sponsorships
All publications, media productions, and exhibit graphics shall include the following statement in the same size,
type style, and location as the organization name:
"Sponsored in part by the State of Florida, Department of State, Division of Historical Resources, assisted by
the Historic Preservation Advisory Council. "
All projects shall display a project identification sign in a prominent location at the Project site while work is in
progress. The sign must be a minimum of eight square feet in area, be constructed of plywood or other durable
material, and shall contain the following acknowledgment of grant assistance:
"This project has been financed in part with historic preservation grant assistance provided by the State of
Florida, Florida Department of State, Division of Historical Resources, assisted by the Historic Preservation
Advisory CounciL"
Any variation in the above specifications must receive prior approval by the Department. The cost of
preparation and erection of the project identification sign are allowable project costs. Routine maintenance
costs of project signs are not allowable project costs.
13. Liability
a. The Department 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. The Grantee hereby agrees to be responsible for any injury or property
damage resulting from any activities conducted by the Grantee, its agents, servants or employees.
b. The Grantee, other than a grantee which is the State or 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
resulting from personal injury, including death or damage to property, arising out of any activities under
this Agreement and shall investigate all claims at its own expense.
c. 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 conunodities, provided that it is under-
stood 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.
14. Non-Discrimination
The Grantee will not discriminate against any employee employed in the performance of this Agreement, or
against any applicant for employment because of race, religion, color, handicap, national origin, age, gender or
marital status. The Grantee shall insert a similar provision in all subcontracts for services by this Agreement.
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15. Public Access
The Department shall unilaterally cancel this Agreement 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 the Agreement.
16. Termination of Agreement
The Department shall have the authority to cancel this Agreement because offailure of the Grantee to fulfill its
obligations under this Agreement or any other past or present grant award agreement with this Division or any
other Division within the Department of State. Satisfaction of obligations by the Grantee shall be determined
by the Department. The Department shall provide the Grantee a written notice of default letter. The Grantee
shall have 15 calendar days to cure the default, unless it is determined by the Department that the default is of a
nature that cannot be cured. If the default is not cured by the Grantee within the stated period, the Department
shall terminate this Agreement. Notice shall be sufficient if it is delivered to the party personally or mailed to
its specified address. In the event of termination of this Agreement, the Grantee will be compensated for any
work completed in accordance with this Agreement prior to notification of termination.
If the Grantee violates any of the provisions of this Agreement, the Department shall have the right to demand
the return of moneys delivered and withhold subsequent payments due under this Or other grants. If notice of
termination is given, the Department shall not be liable for services rendered, expenses incurred or goods
delivered after receipt of the notification of termination.
17 . Availability of Funds
The Department's performance and obligation to pay under this Agreement is 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 shall be
reduced in proportion to the revenue shortfall.
18. Audit
a. Each grantee, other than a grantee which is a State agency, shall submit to an audit or submit an attestation
statement pursuant to Section 216.349, Florida Statutes.
b. All audits or attestations as described above shall be submitted within six months of the close of the
Grantee's fiscal year, or within six months of the ending of the Grant Period. All audits or attestations
must cover each of the Grantee's fiscal years for which grant funds were received or expended under this
Agreement.
19. Local Cost Share
The Grantee shall expend $375,000.00 (three hundred and seventy-five thousand dollars) in Local Cost
Share funds for the Project. The Grantee shall substantially justify to the Department all expenditures related to
the Local Cost Share. Any portion of the Local Cost Share not substantially justified will be reduced from the
total amount of the grant.
20. Independent Capacity of Grantee
a. The Grantee, ifnot 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, agent or employee
of the State of Florida. The Grantee, if not 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 officer, agent or employee of
the State.
b. Grant funds cannot be used to pay for the services of a State employee for time for whicb the employee is
being paid by the State.
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2f. Conflict orInterest
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 lll, 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 of which he or she has or is negotiating any arrangement concerning employment has such
interest.
22. Governing Law
a. 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.
b. If any term or provision of this Agreement is found to be illegal and unenforceable, the remainder of this
Agreement shall remain in full force and effect and such term or provision shall be deemed stricken.
23. Preservation of Remedies
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.
24. Non-Assignment
The Grantee shall not assign, sublicense or otherwise transfer it rights, duties or obligations under this
Agreement without prior written consent of the Department which consent shall not be unreasonably withheld.
The Agreement transferee must also demonstrate compliance with Chapter IA-35, Florida Administrative
Code. If the Department approves a transfer of the Grantee's obligations, the Grantee remains responsible for
all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature
transfers the rights, duties and obligations of the Department to another government entity pursuant to Section
20.06, Florida Statutes, or otherwise, the rights, duties and obligations under this Agreement shall also be
transferred to the successor government entity as if it were an original party to the Agreement.
25. Binding of Successors
This Agreement shall bind the successors, assigns and legal representatives of the Grantee and ofany legal
entity that succeeds to the obligations of the Department.
26. Notification
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, TalIahassee, Florida 32399-0250 for the Department, and to City of Miami Beach,
1700 Convention Center Drive, Miami Beach, FL, 33139, for the Grantee. Unless the Grantee has notified
the Department in writing by return receipt mail of any change of address. all notices shall be deemed delivered
if sent to the above address.
27. Sovereign Immunity
Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or
increases the limits of its liability, upon entering into this contractual relationship.
28. Strict Compliance with Laws
The Grantee agrees that alI 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.
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,.
29. Copyright and Royalties
When publications, films, or similar materials are developed, directly or indirectly, from a program, project or
activity supported by grant funds, any copyright resulting therefrom shall be held by the Florida Department
of State, Division of Historical Resources. The author may arrange for copyright of such materials only after
approval from the Department. Any copyright arranged for by the author shall include acknowledgment of
grant assistance. As a condition of grant assistance, the grantee agrees to, and awards to the Department and,
if applicable, to the Federal Govenunent, 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 official
purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data
covered by the copyright.
30. Entire Agreement
This instrument embodies the whole Agreement of the parties. There are no provisions, tenns, 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 amendment
or extension of this Agreement shall be effective unless in writing and properly executed by the parties.
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'Ali written approvals referenced in this Agreement must be obtained from the parties' grant administrators or their
designees. The Department and the Grantee have read this Agreement and have affixed their signatures:
DEPARTMENT OF STATE
JA T SNYDE EWS, Ph.D.
Dir etar I Division of Historical Resources
CITY OF MIAMI BEACH
fficial
Jorge M. Gonzalez
city Manager
Typed Name and Title of Authorized Official
APPROVED AS TO
FORM & LANGUAGE
&. FOR exECUTION
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Addendum to Grant Award Agreement
Number SC1l4
This Addendum is made to Historic Preservation Grant Award Agreement, Grant Number
SC114, by and between the State of Florida, Department of State, Division of Historical
Resources (hereinafter referred to as the Department and the City of Miami Beach. (hereinafter
referred to as the Grantee) for the purpose of conveying to the Grantee their responsibilities
under Section 215.97 Florida Statutes, titled the Florida Single Audit Act, effective July 1,2000.
The Grantee agrees to comply with the Florida Single Audit Act and affirms that in the event the
Grantee expends a total amount of State financial assistance provided to the Grantee to carry out
a State project that is equal to or in excess of $300,000.00 in any fiscal year of the Grantee, the
Grantee must have a State single or project-specific audit for such fiscal year in accordance with
Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and
the Comptroller, and Chapter 10.600, Rules ofthe Auditor General. In determining the State
awards the Grantee shall consider all sources of State awards, including State funds received
from the Department.
If the Grantee expends less than $300,000.00 in State awards in its fiscal year, an audit
conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required.
The Grantee has read this Addendum to the Grant Award Agreement and has affixed their
signature:
CITY OF MIAMI BEACH
~6t~
Jorge M. Gonzalez
City Manager
Typed Name and Title of Authorized Official
APPROVED I>S TO
FORM & LANGUAGE
.. FOR EXECUTION
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Date