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RESOLUTION 91-20258 RESOLUTION NO. 91-20258 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES, FOR AWARD OF $1,250 IN HISTORIC PRESERVATION GRANT FUNDS FOR AN ART DECO EDUCATION PROJECT AND TO ESTABLISH A SPECIAL ACCOUNT IN THE AMOUNT OF $1,250 FOR PROJECT COSTS TO BE REIMBURSED BY THE STATE GRANT. WHEREAS, the City of Miami Beach believes its young citizens should be aware of our City's history and heritage; and WHEREAS, the Historic Preservation and Urban Design Department has applied for and was awarded $1, 250 to prepare an Art Deco Educational Program for local elementary schools; NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF MIAMI BEACH, FLORIDA that the City Manager shall execute an agreement with the State of Florida, Department of State, Division of Historical Resources, for award of $1, 250 in Historic Preservation Grant Funds for an Art Deco Education Project and to establish a special account in the amount of $1, 250 for project costs to be reimbursed by the state grant. PASSED and ADOPTED this 7th day of March 1991. ATTEST: LkAd\c iAIL A / City Clerk / ayor FORM APPROVED LEGAL DEPT. By1(24.-tic. Date 9/,./ eete, 4 veeetote Eead M * FLORIDA 3 3 1 3 9 9,,k,-.. ., . , { CORP ORATED•)*$ . J4CATIO\L1 \D Lir. S. .4. • ':-,,?? ,.-.,, '...4?_/ cH,2 OFFICE OF THE CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-7010 S-NO.COMMISSION MEMORANDUM / 3 -9'/ DATE: March 6, 1991 TO: Mayor Alex Daoud and Members of the City Commission f_4.__,,- FROM: Carla Bernabei Talarico City Manager SUBJECT: Execution of Grant Agreement Historic Preservation Fund Program The Request The Administration requests the City Commission authorize the City Manager to execute an agreement with the State of Florida, Department of State for grant funds in the amount of $1, 250 . The Administration further requests the City Commission authorize the establishment of a special account in the amount of $1, 250 to cover program costs until reimbursement by the State. Background The Historic Preservation and Urban Design Department applied for and was awarded a Historic Preservation Fund grant to prepare an educational program on Miami Beach historic architecture for area elementary school students. The Department staff has been conducting this type of program on a voluntary basis for the past three (3) years. The grant funds will cover the cost of photographs, a workbook and field trips for fourth graders in Miami Beach elementary schools. The grant match will be in the form of in-house salaries of staff already assigned to preparing educational sessions as part of its approved work program. The Department sees the following benefits to the program: 1. Encourage an early interest in architecture/arts. 2 . Give students a sense of pride in their community. 3 . Instill a respect for buildings which may cut down on future graffiti. Administration Recommendation The Administration recommends the City Commission authorize the City Manager to execute the grant agreement and establish a special account in the amount of $1, 250 to cover project expenses to be reimbursed by grant funds. JK:RR:ml , 30 • AGENDA 1 ITEM c: \hp\general\grantagrmemo DATE , Historic Preservation Grant Award Agreement AGREEMENT This AGREEMENT drawn at Tallahassee, Florida byand between een 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, relative to the Art Deco Education Project, h reinafter referred to as the roject, is entered into this day of , 1991 and ends June 30 , 1992 . WHEREAS, the Department is responsible for the administration of grant-in-aid assistance for historic preservation purposes under the provisions of Section 267 .0617 Florida Statutes, and ' WHEREAS, the Grantee has applied for grant-in-aid assistance for the Project, and WHEREAS, the said application has been reviewed and approved in accordance with Chapter 1A-35, Florida Administrative Code which regulates Historic Preservation Grants-in-Aid, and ' WHEREAS, grant-in-aid funds in the amount of one thousand two hundred and fifty dollars ( $1 , 250. 00) have been reserved for the Project by the Department; WITNESSETH, that in consideration of the mutual covenants herein contained, the Department and the Grantee hereby agree ree as follows : I . The Project, as approved for grant assistance, shall include the following authorized project work: A. A slide presentation, workbook and workshops designed to be incorporated into the fourth grade elementary curriculum for "Florida History" will be prepared. B. One copy of the slide presentation and four copies of the workbook will be submitted to the Department. II . The Grantee agrees to administer the Project in accordance with the General and Special Conditions GoverningGrants and the Administrative Instructions for Historic Preservation Project Accountability attached hereto as Attachment "A" , and Chapter 1A-35, Florida Administrative Code, and the following specific conditions: A. The Grantee agrees to complete the Project by June 30 , 1992 and submit a Project Completion Report as specified in Attachment "A" , Part II , sub- paragraph B. l .c. , within 30 days of completion of project work. No costs incurred prior to the effective date of this Agreement are eligible for reimbursement from grant funds. No costs incurred after the above project work completion date will be eligible for reimbursement unless specifically authorized bythe Department before the cost is incurred. No costs incurred after the Project Completion Report is approved bythe p • pp Department are eligible for reimburse- ment. B. Funds shall be expended according to the Project's 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 Grantee shall be responsible for all work performed and all expenses incurred in connection with the Project. The Grantee understands and agrees that any work performed or expenses incurred on the Project is undertaken at the sole risk of the Grantee. Neither the Department nor the State of Florida shall be financially liable for any expenses incurred in connection with the Project by the Grantee or its professional consultants, contractors, or agents. D. The Grantee shall submit complete bid documents, including plans and specifications, to the Department for review and approval prior to the execution of any contract for construction work. E. The Grantee shall submit any and all proposed contracts for the procurement of goods or services relating Project, and all to the proposed contract change orders or amendments for review and approval by the Department prior to the final execution of said contracts and contract change orders or amendments; but said review and approval shall not be construed as imposition upon or acceptance bythe p Department of financial liability in connection with said contracts or contract change orders. F. The Grantee shall coordinate consultation between its professional consultants and appropriate Department staff representatives as necessary to assure mutual understanding of and agreement on the objectives, requirements , and limitations of the Project in relation to the state historic preservation program. G. The Grantee hereby agrees to indemnify and hold the Department harmless from any and all claims or demand for any personal injury or property damage resulting or occurring in connection with any activities conducted under this Agreement and shall investigate all claims of every nature at its expense. H. The Department reserves the right to cancel this Agreement unilaterally in the event that the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119 , Florida Statutes, and made or received by the Grantee in conjunction with this Agreement. I . Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof and bills for any travel expenses shall be submitted and paid in accord- ance with Section 112 . 061 , Florida Statutes. J. The Grantee recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods or equipment purchased as an incident to such service. K. The State of Florida's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature, and the availability of such funds . L. All project work must be in compliance with the Secretary of the Interior's Standards for Historic Preservation Projects . M. In addition to the terms detailed in this Grant Award Agreement, all Federal requirements governing grants (Office of Management and Budget Circulars A-21 or A- 87 , A-102 or A-110 , and A-128) are applicable. N. The Grantee is required to comply with the Single Audit Act of 1984 for State or local governments or the audit requirements of Office of Management and Budget Circular A-110 for universities and nonprofit organizations. III . The Departmentagrees to reimburse the Grantee, contingent upon availability of grant funds , and upon receipt and verification of the Grantee's request and documentation, for 50% of the allowable project costs pursuant to and as defined in Attachment "A" , of authorized project work as defined in Section I above, up to a maximum reimbursement of one thousand two hundred and fifty dollars ($1 , 250. 00) or the amount of actual cash expended by the Grantee for project work, whichever is less. Reimbursement shall be made upon request for the completion of authorizedp ro '7ect work or components thereof. Reimbursement for project costs will also be contingent upon all authorized d 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 or services relating to the project work and all proposed contract change orders or amendments prior to final execution of said contracts, change orders or amendments, but said review and approval shall not be construed as acceptance by or imposition upon the Department of any financial liability in connection with said contracts . B. The Department shall review and approve detailed plans, specifications , and other bid documents for construction work relating to the Project prior to the execution of any contract for such work; review and comment on all preliminary reports and recommenda- tions; 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. This instrument embodies the whole Agreement of the parties. There are no provisions, terms, conditions , or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations or agreements , either verbal or written, between the parties hereto. No change or addition to this Agreement shall be effective unless in writing and properly executed by the parties. V. Any provision of this Agreement in violation of the laws of the State of Florida shall be ineffective to the extent of such violation, without invalidating the remaining provisions of this Agreement. VI . The following provisions shall apply for the voluntary and involuntary suspension or termination of the grant by either the Department or the Grantee: A. Suspension. Suspension is action taken by the Department which temporarily withdraws or limits the Grantee's authority to utilize grant assistance pending corrective action by the Grantee as specified by the Department or pending a decision by the Department to terminate the grant. 1 . Notification. When the Grantee has materially failed to comply with the terms and conditions of the grant, the Department may suspend the grant after giving the Grantee reasonable notice, usually 30 calendar days, and 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 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. 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 agree- ment 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. HISTORIC PRESERVATION GRANT AWARD AGREEMENT ATTACHMENT B PRELIMINARY PROJECT BUDGET Project: Art Deco Education Project Budget: 1 . Production Services $ 2 , 940 . 00 2 . Personnel Services 1 , 120. 00 3 . Supplies 1 , 250 . 00 Total Project Cost $ 5 , 310 . 00 4 . Commitments. When a grant is terminated, the Grantee will not incur new obligations for the terminated portion after the effective date of termination. The Grantee will cancel as many outstanding obligations as possible. The Department will allow full credit to the Grantee for the Department's share of the noncancellable obligations properly incurred by the Grantee prior to termination. Costs incurred after the effective date of the termination will be disallowed. IN WITNESS WHEREOF, the Department and the Grantee have read this Agreement and the Attachments hereto and have affixed their signatures: WITNESSES: DEPARTMENT OF STATE t 4, ,i; , : 4241-4L-C /6 (,'I/ 4 ‘P, ' ' - ft. —,_72 _,_ G A RGE W.„ 'ERCY ' • D rector, Divisio of '..:sm.21, ,:) \`‘'Skj..bmslift&) istorical Resour s __,._,LL,,, _ P. G..._„(2.LiL__. \*4 0 ita,16._ }c, II -(); /in SUZAN : P. WALKER Chief Bureau of Historic (1-1:;L4 _ c.41j Preservation Division of Historical Resources C TY OF MIAMI BEACH 4ti-t-catL ez,7________ /6,, - • ' (C-7-4 -, hil/a C LA B ERNAB E I TA.14130 \- ...____ .&%?-e,c c.et- - 7 0 diF ----/ C ty Manager FORM APPROVED LEGAL DEPT. E3771`11 Date 3/4/91 ORIGINAL RESOLUTION NO. 91-20258 To authorize the City Manager to execute an agreement with the State of Florida, Department of State, Division of Historic Resources, for award of $1,250 in Historic Preservation Grant Funds for an Art Deco Education Project and to establish a special account in the amount of $1,250 for project costs to be reimbursed bythe State Grant.