Resolution 486-1990
Grants Management
FILED FOR RECORD
'.90 OCT 31 PI') ~ 31
RESOLUTION NO. 486_ 1990
DAiJ~;IY' "(OlHAG-
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MON~LK. CIR. CT. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OE COUNTY.F~ MONROE COUNTY, FLORIDA ACCEPTING A HISTORIC
PRESERVATION GRANT FROM THE FLORIDA DEPARTMENT OF
STATE TO FUND A RESTORATION PLANNING PROJECT FOR
THE ISLAND OF PIGEON KEY, MONROE COUNTY, FLORIDA
WHEREAS, by Resolution #201-1990, the Board of
Commissioners of Monroe County, Florida authorized the
submission of a grant application to the Florida Department
of State to fund a restoration planning project for Pigeon
Key, Florida, and
WHEREAS,the Florida Department of State has awarded
Monroe County a Historic Preservation grant in the amount of
$15,000.00 and,
WHEREAS, the Florida Department of State has issued a
contract agreement as part of the grant awards, now,
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONER OF
MONROE COUNTY, FLORIDA, that the said grant is hereby
accepted and the Mayor is authorized to execute the said
contracts.
PASSED AND ADOPTED by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting of said
Board held on the 24th day of October, A.D. 1990.
BOARD OF COUNTY COMMISSIONERS
OF ~OUNTY' FLORIDA
By ~
(Seal)
Attest:
DANNY L. KOLHAGE, Clerk
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APPROVED AS 10 Fomv:~
AND LEGAL SUfFI Ncr.
BY
Historic Preservation Grant Award Agreement
A G R E E MEN T
This AGREEMENT drawn at Tallahassee, Florida by and between
the state of Florida, Department of state, Division of Historical
Resources, hereinafter referred to as the Department, and the ~
Monroe County Board of County Commissioners, hereinafter referred
to as the Grantee, relative to the Pigeon Key District Project,
hereinafter referred to as the Project, is entered into this
day of , 1990 and ends
September 30, 1991.
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 fif~een
thousand dollars ($15,000.00) have been reserved for the Project
by the Department;
WITNESSETH, that in consideration of the mutual covenants
herein contained, the Department and the Grantee hereby agree as
follows:
I. The Project, as approved for grant assistance, shall
include the following authorized project work:
A. Economic feasibility study;
B. Original and existing condition survey;
C. Measured drawings;
D. Site plan;
E. Schematic plan for reQabilitation; and
F. Preliminary cost estimate.
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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 hereto as
Attachment "A", and Chapter 1A-35, Florida Administrative
Code, and the following specific conditions:
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A.
The Grantee agrees to complete the Project by
September 30, 1991 and-submit a Project Completion
Report as specified in Attachment "A", Part II, sub-
paragraph B.1.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 by the
Department before the cost is incurred. No costs
incurred after the Project Completion Report is
approved by the Department are eligible for reimburse-
ment.
B.
The Grantee shall be responsible for all work
performed and all expenses incurred in connection with
the Project. The Grantee understands and agrees that
any work performed or expenses incurred on the Project
is undertaken at the sole risk of the Grantee.
Neither the Department nor the State of Florida shall
be financially liable for any expenses incurred in
connection with the Project by the Grantee or its
professional consultants, contractors, or agents.
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.
The Grantee shall submit any and all proposed contracts
for the procurement of goods and/or services relating
to the Project, and all proposed contract change orders
or amendments for review and approval by the Department
prior to the final execution of said contracts and
contract change orders or amendments; but said review
and approval shall not be construed as imposition upon
or acceptance by the Qepartment of financial liability
in connection with said contracts or contract change
orders.
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G.
E.
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.
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F.
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.
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.
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.
I. The Grantee recognizes that the State of Florida, by
virtue of its sovereignty, is not required to pay any
taxes on the services and/or goods or equipment
purchased as an incident to such service.
H.
J. 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.
K. All project work must be in compliance with the
Secretary of the Interior's Standards for
Rehabilitation.
L. In addition to the terms detailed in this Grant Award
Agreement, all Feder~ requirements governing grants
(Office of Management and Budget Circulars A-21 or A-
87, A-102 or A-110, and A-128) are applicable.
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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 Department agrees 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 fifteen thousand dollars ($15,000.00) 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 authorized project work or components
thereof. Reimbursement for project costs will also be
contingent upon all authorized project work being in
compliance with the aforementioned Secretary of the
Interior's Standards. The Department further agrees to the
following conditions:
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A. The Department shall review and approve as to form and
content all proposed contracts of the Grantee for the
procurement of goods and/or services relating to the
project work and all proposed contract change orders
or amendments prior to final 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.
It is recommended that any articles which are the
subject of, or required to carry out, this Agreement
should be purchased from the corporation identified
under Chapter 946, Florida Statutes, in the same
manner and under the procedures set forth in Section
946.515(2) and (4), Florida Statutes; and for the
purposes of this Agreement the person, firm, or
other business entity carrying out the provisions
of this Agreement shall be deemed to be substituted for
this Agency insofar as dealing with such corporation.
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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.
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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.
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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.
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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.
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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 a~lowed if they re~~lt 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.
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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.
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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 t~minated.
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
3.
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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.
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IN WITNESS WHEREOF, the Department and the Grantee have read
this Agreement and the Attachment hereto and have affixed their
signatures:
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WITNESSES:
DEPARTMENT OF STATE
GEORGE W. PERCY
Director, Division of
Historical Resources
SUZANNE P. WALKER
Chief, Bureau of Historic
Preservation
Division of Historical
Resources
(SEAL )
ATI'EST: DANNY L. KOLHAGE, CLERK
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
By:
JOHN STORMONT
Chairman
Deputy Clerk
DATE:
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llPPROVED AS 10 FORM
AND LEGAL SUFFICIENCY.
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