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HomeMy WebLinkAboutR-1998-083 RESOLUTION NO. 83-98 A RESOLUTION OF THE CITY OF DANIA, FLORIDA APPROVING THAT CERTAIN CONTRACT PERTAINING TO A GRANT FOR IMPROVEMENTS TO THE NYBERG-SWANSON HOUSE BETWEEN THE CITY OF DANIA AND THE FLORIDA DEPARTMENT STATE, DIVISION OF HISTORICAL RESOURCES ,IN THE FORM SHOWN AS ATTACHED EXHIBIT "A"; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, THAT: SECTION 1: That certain Contract pertaining to a grant for improvements to the Nyberg- Swanson House between the City of Dania and The Florida Department of State, Division of Historical Resources, in substantial form as Exhibit "A", attached, is approved and the appropriate City Officials are authorized to execute it. The City Manager and the City Attorney are authorized to make minor revisions to such Contract as they may deem necessary. SECTION 2: This Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on the 26th day of May, 1998. MAYOR— COMMISSIONER ATTEST: CITY CLERtr—AUDITOR i APPROVED AS TO FORM AND CORRECTNESS: By: � —THOYASJ. A BRO CITY ATTORNEY J RESOLUTION NO. 83-98 j Historic Preservation Grant Award Agreement Acquisition and Development Grants-Advanced Payment Grant No.S9015 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 Dania,hereinafler referred to as the Grantee,relative to the Nyberg/Swanson House Project,hereinafter referred to as the Project,and is entered into this day of 1998,and shall end on June 30, 1999. 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 twenty-one thousand three hundred and seventy- five dollars($21,375.00)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. Rehabilitation of the building for continued use as City of Dania office space to include: 1. Roof repairs; 2. Repair and repainting of water-damaged interior finishes; 3. Repair of windows and doors; 4. Exterior painting; and B. Direct project administrative expenses not to exceed 10%of the total project cost. 11. 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 IA-35,Florida Administrative Code,and the following specific conditions: A. The Grantee agrees to complete the Project by June 30,1999 and submit the Final Products and the Final Progress Report and Final Expenditure Report,as specified in Attachment"A", Part 11, subparagraph B.2.,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. B. 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. C. 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,including attorney fees and court costs,resulting from personal injury, including death or damage to property,arising out of any activities performed under this Agreement, omissions to act or negligence of the Grantee, its agents,servants,or employees and shall investigate all claims at its own expense. 1 4 D. The Grantee shall be solely 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 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 this Agreement. 1. 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 the Department's 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,pursuant to Section 212.08(6),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 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. L. All project work must be in compliance with the Secretary of the Interior's Standards for Rehabilitation. 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,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. N. The Department shall not be liable to pay attorney fees,interest,late charges and service fees,or cost of collection related to the grant. 2 I O. 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 or submit an attestation statement pursuant to 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 twenty-one thousand three hundred and seventy-five dollars($21,375.00)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 twenty-one thousand three hundred and seventy-five dollars(521,375.00). 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(No. HR2E560397,effective 3/97),herein incorporated by reference,with this signed Grant Award Agreement to initiate the grant.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. The last grant payment installment shall be payable during the last quarter for which allotted and upon receipt and verification of the Grantee's Final Progress and Expenditure Report and verification of all previously submitted Progress and Expenditure Reports. When advance payments have been made by the Department,adjustments for overpayments shall be made quarterly and upon receipt of the Final Progress and Expenditure Report,unless otherwise agreed by the parties. In addition,in the event that all project work which is the subject of this Agreement is not fully completed in both a timely and satisfactory manner,the Department reserves the right to demand and receive full reimbursement of all sums which it has paid the Grantee under this Agreement. 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 Bepar mentfurther agrees to the following conditions: Grantee k;r 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 I sow i 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 the timely filing of required reports and 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. 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. 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 including retirement 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. Ex. 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 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 parry 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. 4 i I I. Notification. When the Grantee has materially failed to comply with the terms and l 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. i 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. Third party contributions applicable to the suspension period shall not be allowed in satisfaction of matching share requirements, unless otherwise agreed by the parties. 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 shall be terminated by the Department if the Grantee fails to respond in writing to a notification of suspension within 30 calendar days jof 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. I i 1. Termination for cause.The Department shall have the authority to cancel this Agreement because of failure 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 parry personally or mailed to its specified address. In the event of termination of this Agreement,the Grantee will be compensated for any work satisfactorily completed in accordance with this Agreement prior to notification of termination. 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 i 5 cancellation. 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. MI. 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 Dania, 100 West Dania Beach Blvd.,Dania,FL,33004,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 and the Attachments hereto shall be effective unless in 1 writing and properly executed by the parties. 6 A All 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 the Attachments hereto and have affixed their signatures. GRANTOR: i DEPARTMENT OF STATE By. GEORGE W.PERCY,Director Division of Historical Resources GRANTEE: CITY OF DANIA,a Florida Municipal Corporation I ATTES ? '/ /�/' JIM CALI MARIA JABALEE MAYOR-CO MISSIONER CITY CLERK-AUDITOR MIC ITH CITY NAGER APPROVED FOR FORM AND ORRECTNESS: BY: omiv J.A SBRO CITY ATTORNEY I 7 �s f � a Y i s � rzs ,� a I�i�/L t lr.Waiwf�Xn..'S