HomeMy Public PortalAbout1996-03 Key Biscayne Heritage Trail project, Community Education GrantRESOLUTION NO. 96-3
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE A HISTORIC PRESERVATION GRANT AWARD
AGREEMENT, ON BEHALF OF THE VILLAGE, WITH THE
STATE OF FLORIDA, TO RECEIVE A COMMUNITY
EDUCATION GRANT FOR THE KEY BISCAYNE HERITAGE
TRAIL PROJECT; APPROPRIATING MATCHING FUNDS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Key Biscayne Heritage Trail's goal is to identify and protect man-made and
natural monuments and landmarks located throughout Key Biscayne; and
WHEREAS, the project will educate the public of the existence and importance of these
monuments and landmarks; and
WHEREAS, the State of Florida's, Department of State, through its Division of Historic
Resources, has awarded the Village a grant in the amount of $18,000.00 for this project;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE AS FOLLOWS:
Section 1. That the Village Manager is hereby authorized to execute the attached Historic
Preservation Grant Award Agreement, on behalf of the Village, with the State of Florida, to receive
an $18,000.00 Community Education Grant for the Key Biscayne Heritage Trail Project.
Section 2. That the appropriation of matching funds is hereby authorized.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 12th day of March, 1996.
_I a----- aae-f4:-.
GUIDO
,JOHN F. FESTA, MAYOR
GUANZO, JR., CMC, VILLAGE CLERK
APPROVED AS T( F ) RM AND LEGAL SUFFICIENCY:
-cam:
RIC • ' u J. WE IL • GE ATTORNEY
Historic Preservation Grant Award Agreement
Community Education Grants - Advanced Payment
Grant No. S6091
This AGREEMENT is between the State of Florida, Department of State, Division of Historical Resources,
hereinafter referred to as the Department, and the Village of Key Biscayne, hereinafter referred to as the Grantee,
relative to the Key Biscayne Heritage Trail Project, hereinafter referred to as the Project, and is entered into this
day of . , 199_, and shall end on June 30, 1997.
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. Subject to the
limitations set forth in this Agreement, grant-in-aid funds in the amount of eighteen thousand dollars
($18,000.00) 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. An Inventory of the historical and archaeological resources of Key Biscayne Island will be
prepared. The Inventory will include photographs and descriptions of the resources. The
Inventory will be used to develop a Key Biscayne Heritage Trail.
B. Signage marking the sites on the Trail will be developed in conjunction with the
Department's Grants and Education staff. The Department reserves the right to approve
the design and make of the Signage.
C. An informational Brochure on the Trail will be prepared in at least two languages. The
Brochure will list and describe the sites identified by the relating Signage.
D. A draft of the Brochure will be submitted to the Department no later than forty-five days
prior to the end of the grant period for review and approval.
E. Upon completion of the project, ten copies of the Brochure in each language, one copy of
the Inventory, and one set of photographic documentation of the Signage will be submitted
to the Department as final products of the Project.
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 June 30, 1997 and submit the Final Products and
the Final Quarterly Progress Report and Final Quarterly 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 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 Quarterly Expenditure Report is approved by the Department
are eligible for payment.
B. 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.
C. To the extent allowed by Florida law, the Grantee agrees to be responsible for any claims of any
pature, including but not limited to injury, death and property damage, arising out of activities
related to this Agreement by the Grantee, its agents, servants, employees or subcontractors. The
Grantee agrees to indemnify and hold the Department harmless from claims of any nature and
agrees to investigate such claims at its own expense, to the extent allowed by Florida law.
D. 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.
E. 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.
F 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.
G. 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.
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. The Grantee shall not charge the Department for any
travel expense without the Department's written approval. Upon obtaining written approval, the
Grantee shall be authorized to incur travel expenses to be reimbursed in accordance with Section
112.061, Florida Statutes.
J. The Grantee recognizes that the State of Florida, by virtue of Section 212.08, Florida Statutes, is
not required to pay taxes on any goods or services which may be provided to it pursuant to this
Agreement.
K. 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.
L. All project work must be in compliance with the Secretary of the Interior's Standards for
Historic Preservation Projects.
M. 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.
N. 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.
0. These grant funds will not be used for lobbying the Legislature, the Judicial branch or any state
agency.
P Each grantee, other than a grantee which is a state agency, shall submit to an audit to be
performed in accordance with Section 216.349, Florida Statutes.
Q.
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 50% of the Grantee's total cash expenditures and donated
values, so long as the Grantee's cash expenditures equal or exceed the amount of donated values, up to a
maximum payment of eighteen thousand dollars ($18,000.00). If the donated values exceed the amount
of cash expenditures, the Department shall only pay the Grantee for 100% of actual cash expenditures up
to a maximum payment of eighteen thousand dollars ($18,000.00).
In order for any expenditure to qualify for payment, it must be properly documented, be for work
performed during the term of the Agreement, and for a charge which is reasonable in amount and directly
related to and necessary for the completion of the authorized project work.
The total amount as prescribed above shall be made to the Grantee in four quarterly installments. The
first three may be made at the beginning of each quarter for which they are allotted. Grantees shall
submit the four signed Requests for Advanced Payment Forms with this signed Grant Award Agreement
to initiate the grant. Subsequently, the Quarterly Progress and Expenditure Reports are required on a
quarterly basis and must include a Quarterly Project Progress and Expenditure Report for the quarter just
completed. The last installment shall be payable during the last quarter for which allotted and upon
receipt and verification of the Grantee's Final Quarterly Progress and Expenditure Report and verification
of all previously submitted Quarterly Progress and Expenditure Reports.
When advance payments have been made by the Department, adjustments for overpayments may, at the
sole discretion of the Department, be made quarterly and upon receipt of the Final Quarterly Progress and
Expenditure Report. In addition, the Department may demand restitution from the Grantee for all sums
advanced in excess of the amount necessary to appropriately compensate the Grantee for all project work
completed to that point in a timely and satisfactory manner.
Payment for project costs will also be contingent upon all authorized project work being in compliance
with the aforementioned Secretary of the Interior's Standards, and the inspection and approval of the grant
assisted work by the Department. 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 required 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. The Grantee shall report interest earnings quarterly, and shall remit the total interest earned
at the end of the grant period in the form of a check or money order made payable to the Florida
Department of State.
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.
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. The Grantee shall not assign, sublicense or otherwise transfer its 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 1A-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.
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 (30 calendar days from the date of receipt of notice by the Grantee)
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, and any corrective action
required of the Grantee. Such notices shall be sent by return receipt mail to the Grantee.
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
during 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. The grant may be terminated by the Department if the
Grantee fails to respond in writing to a notification of suspension within 30 calendar
days of receipt of such notification by the Grantee.
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 prior to cancellation. 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 detail the reasons for the action and 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 notification of 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
Village of Key Biscayne, 85 West McIntyre Street, Key Biscayne, FL, 33149, 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.
XIII. 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.
XIV. This instrument and the Attachments hereto embody 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.
The Department and the Grantee have read this Agreement and the Attachments hereto and have affixed their
signatures:
WITNESSES: DEPARTMENT OF STATE
GEORGE W. PERCY
Director, Division of
Historical Resources
SUZANNE P. WALKER
Chief, Bureau of Historic Preservation
Division of Historical Resources
VILLAGE OF KEY BISCAYNE
Signature of Authorized Official
Typed Name and Title of
Authorized Official