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RESOLUTION NO. 31-99
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING AGREEMENT BETWEEN THE STATE OF
FLORIDA, DEPARTMENT OF STATE, DIVISION OF
HISTORICAL RESOURCES, AND THE CITY OF DANIA
BEACH, FLORIDA, RELATIVE TO THE DANIA BEACH MAIN
STREET PROGRAM PROJECT; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE SAID
AGREEMENT; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, THAT:
Section 1: The Agreement between the State of Florida, Department of State,
Division of Historical Resources, and the City of Dania Beach, relative to the Dania
Beach Main Street Program Project, attached hereto as Exhibit "A", is hereby approved
and the appropriate City Officials are directed to execute same.
Section 2: This Resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED THIS 23`d DAY OF February, 1999.
ATTEST: � 'l
MAYOR-COMMISSIONER
�4�TT��T: � /t� ��' /� ROLL CALL:
/ l_'/&/ MAYOR CALI -YES
CITY CLERK VICE-MAYOR ETLING -YES
COMMISSIONER BERTINO—YES
COMMISSIONER MIKES-YES
APPROVED AS TO FORM COMMISSIONER HYDE-YES
AND CORRECTNESS:
By: ---) -
THO AS . ANSBRO
CITY ATTORNEY
1 RESOLUTION NO. 31-99
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Historic Preservation Grant Award Agreement
!Hain Street Grants-Advanced Payment
Grant No.S9115
This AGREEMENT is between the State of Florida,Department of Slate,Division of Historical Resources,
hereinafter referred to as the Department,and the City of Dania Beach,a municipal corporation existing under die
laws of the State of Florida,hereinafter referred to as the Grantee,relative to the Dania Beach Main Street
Program Project,hereinafter referred to as the Project,and is entered into this
, 1999,and shall end on June 30,2000. day of
The Department is responsible for die 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 Administadve Code,which regulates Historic Preservation Grants-in-Aid. Subject to the limitations
set forth in this Agreement,grant-in-aid funds in tiie amount of ten thousand dollars($10,000.00)have been
reserved for die Project by the Department. The Department and the Grantee agree as follows:
1. The Department agrees to pay the Grantee for expenditures of the Program Manager's salary and Program
operating expenses. Program operating expenses for which payment is allowed include Main Street office
rent,Main Street office supplies,Main Street telephone bills,Program Manager benefits and do er
documented operating expenses. ,
If. The Grantee agrees to administer die Project in accordance with Chapter 1A-35,Florida Administrative
Code,and the following specific conditions:
A. The Grantee agrees to complete the Project by June 30,2000 and submit a Final Progress and
Expenditure Report,herein incorporated by reference,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 die
Grantee,its agents,servants or employees;nor shall tiie 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 die 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.
D. The Grantee agrees that all acts to be performed by it in connection will,this Agreement shall be
Performed in strict conformity with all applicable laws and regulations of die State of Florida.
E. 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 die provisions of Chapter 119,
Florida Statutes,and made or received by the Grantee in conjunction with this Agreement.
F. 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 die Department for any
travel expense without the Department's written approval. Upon obtaining die Department's
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written approval,the Grantee shall be authorized to incur travel expenses to be reimbursed in
accordance with Section 112.061,Florida Statutes.
G. The Grantee recognizes that the Stale 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.
H. 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 stale 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.
1. All project work must be in compliance with the Secretary of the Interior's Standards for
Historic Preservation Projects.
J. 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.
K. The Department shall not be liable to pay attorney fees,interest,late charges and service fees,or
cost of collection related to the grant.
L. These grant funds will not be used for lobbying the Legislature,the Judicial branch or any state
agency.
M. 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.
III. The Department agrees to pay the Grantee for 100%of the Grantee's total cash expenditures up to a
maximum payment of ten thousand dollars($10,000.00).
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 We completion of the authorized project work.
The Grantee shall submit the four signed Requests for Payment Forms(No.HR2E560397,effective 3/97),
herein incorporated by reference,with this signed Grant Award Agreement to initiate the gran The
Grantee shall submit to the Department a completed"Progress and Expenditure Report"form to request
grant funds.
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.
E. The Department shall review and approve detailed plans,specifications,and otter bid documents
for construction work relating to the Project prior to the execution of any contract for such work;
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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. 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 die 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.
V. 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.
VI. 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.
VII. Fach 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,otter 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 Stale 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.
VIII. 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 die 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.
IX. 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.
X. The following provisions shall apply for die 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,lire Department may suspend the grant after giving Ilene Grantee
reasonable notice(usually 30 calendar days)and an opportunity to show cause why die
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
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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 tertinated 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. Temmination 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 party 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 couditions,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. After the initial payment,the Project may be terminated,modified,or amended
by(lie 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
die Grantee prior to termination. Costs incurred after the effective date of the termination will
be disallowed.
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Xl• Unless there is a change of address,any notice required by this Agreement shall be delivered to the Bureau
of Historic preservation,Division oflfislorical Resources,Florida Department of State,R.A.Gray
Building,500 South Bronough Street,Tallahassee,Florida 32399-0250,for We Department,and to,City of
Dania Beach,100 Nest Dania Beach Boulevard,Dania,FL,33004,for the Grantee. Unless die Grantee
has notified the Department in writing by relum receipt mail of any change of address,all notices shall be
deemed delivered if sent to the above address.
XI[. Neither the State nor any agency or subdivision of the State waives any defense of sovereign increases the limits of its liability,upon entering into this contractual relationship, immmllity,or
X1I1. This instrument and the Attachments hereto embody the whole Agreement of the panics.111cre 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 wrinen,between
the Parties.No change or addition to this Agreement and We Attachments hereto shall be ettective unless in
writing and properly executed by the parties.
All written approvals referenced in(his Agreement must be obtained from the parties,grant adntinistrators or Weir
designees. The Department and tire Grantee have read this Agreemeat and We Attachments hereto and have affixed
their signatures:
DEPARTMENT OF STATr
CG ORGE w.pERCY
Director,Division Of Historical Resources
V
CITYYOF DANIA BEACH
OfficialrTyper$cd O(rciality Manager
Attest
6e �.ta
Approved as to form & correctness:
Ma ee, City Clerk by:
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DEPARTMENT OF STATE
DIVISION OF HISTORICAL RESOURCES
Request For Advanced Grant Payment
S9115
:AYMENTTO:
City of Dania Beach
100 West Dania Beach Boulevard
Dania FL 33004
Total Contract Amount $10,000.00
Prior Payment $7,500.00
Balance to Date $2,500.00
THIS PAYMENT $2,500.00
Balance Due $0.00
AuthorI i a ure
Nic ' el Smith, City Manager
Typed Name and Title of
Authorized Official
FOURTH AND FINAL QUARTERLY PAYMENT
Fund ID Category 101547
Enc.# Pay.#
Vendor ID F596000309 I Inv,#4F-S9115
ORG EO I OBJ.CODE CFI AMOUNT
4520405000 S9 710000 $2,500.00
Description 4' Final S9115
BF Org I BFEO BFObj.
Inv.Rc'd Goods Insp. N/A
Goods Rc'd N/A Start Dale
DOS FORM HR2E560397
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DEPARTMENT OF STATE
DIVISION OF HISTORICAL RESOURCES
Request For Advanced Grant Payment
S9115
PAYMENT TO:
City of Dania Beach
100 West Dania Beach Boulevard
Dania FL 33004
Total Contract Amount $10,000.00
Prior Payment $2,500.00
Balance to Date $7,500.00
THIS PAYMENT $2,500.00
Balance Due $5,000.00
Authoriz d n uc
Mich a 1 Smith, City Manager
Typed Name and Title of
Authorized Official
SECOND QUARTERLY PAYMENT
Fund ID Category 101547
Enc.# Pay.#
Vendor ID F596000309 Inv.#2-S9115
ORG EO OBJ.CODE CFI AMOUNT
4520405000 S9 710000 $2.500.00
Description 2nd Olr:S9115
BF Org BFEO BFObj.
Inv. Rc'd Goods Insp. N/A
Goods Rc'd N/A Start Date
DOS FORM HR2E560397
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DEPARTMENT OF STATE
DIVISION OF HISTORICAL RESOURCES
Request For Advanced Grant Payment
S9115
PAYMENT TO:
City of Dania Beach
100 West Dania Beach Boulevard
Dania FL 33004
Total Contract Amount $10,000.00
Prior Payment $5,000.00
Balance to Date $5,000.00
THIS PAYMENT $2,500.00
Balance Due $2,500.00
i
Authori ri n#Ure
N11hael Smith, City Manager
Typed Name and Title of
Authorized Official
THIRD QUARTERLY PAYMENT
Fund ID Category 101547
Enc.# Pay.#
Vendor ID F596000309 I Inv.#3-S9115
ORG EO OBJ.CODE CFI AMOUNT
4520405000 S9 710000 $2,500.00
Description 3 0 Qtr-S9115
BF Org BFEO BFObj.
Inv. Rc'd Goods Insp. N/A
Goods Rc'd N/A Start Date
DOS FORM HR2E560397
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DEPARTMENT OF STATE
DIVISION OF HISTORICAL RESOURCES
Request For Advanced Grant Payment
S9115
PAYMENT TO:
City of Dania Beach
100 West Dania Beach Boulevard
Dania FL, 33004
Total Contract Amount $10,000.00
Prior Payment $0.00
Balance to Date $10,000.00
THIS PAYMENT $2,500.00
Balance Due $7,500.00
Auth r d ig ature
ichael Smith, City Manager
Typed Name and Title of
Authorized Official
FIRST QUARTERLY PAYMENT
Fund ID Category 101547
Enc.#
VendorIDF596000309 Inv.#1-S9115
ORG EO OBJ.CODE CFI AMOUNT
4520405000 S9 710000 $2,500.00
Description V Qrt.-59115
BF Org SFEO BFObj.
Inv.Red Goods Insp. N/A
Goods Rdd N/A Start Date
DOS FORM HR2E560397
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE MEMBER OF I'rlE&ORIDA CABINET
Office of the SernY q Sa1E y} State Board of Education
OfseeoflntematforulRelations �_ vA Trustees of the lnternallmprovementTrustFund
Divisionof Elections . _ �.a AdministraBaa Commission
Division of Corpon ions Florida land and Water Adjudfcatory Cmrmdssion
ivisian of Cultural Affairs Siting Board
Avision of Historical Resources Division of Bond Fu=ee
Division of Library and Infomution Services Department of Revenue
Division of Uceruing •0 Department of law Enforcement
Division of A In inisUative Services Deportment of Highway Safety end Motor WIdeles
FLORIDA DEPARTMENT OF STATE Department of Veterans'Affairs
Katherine Harris
Secretary of State
DIVISION OF HISTORICAL RESOURCES
January 26, 1999
Mr.Benjamin Whol
City of Dania Beach
100 West Dania Beach Boulevard
Dania,Florida 33004
RE: Dania Beach Main Street Program Project-Grant No.S9115
Dear Mr.Whol:
Enclosed,please find several items relating to the above referenced project. They are being forwarded for your
immediate action and future reference.
Grant Award Agreement(2 copies).Requests for Advanced Payment,and Attachment A. Please review
the Agreement and Attachment A carefully to avoid any misunderstandings of the limitations,conditions and
requirements of the grant. Then:
1. have both conies of the Agreement signed by the person duly authorized to act for the grantee
organization;
2. have two witnesses sign both copies of the Agreement in spaces provided and;
3. have t11e duly authorized person sign the four Request for Advanced Payment forms.
4. return both conies of the Agreement to me for final execution within thirty days. Retain
Attachment A in your project file. We will date both copies and return one fully executed copy of the
Agreement to you for retention in you project file.
5. return all of the signed Requests for Advanced Payment forms. I will hold all four forms in the
file for future use.
Project Progress& Expenditure Report The grant program is designed to provide you an avenue to receive
your reimbursements of office expenses and manager's salary in four installments if you wish. However,there is
no reason to do this unless you so choose. I suggest two installments,one when you have expended$5,000 in
funds,and one when you have expended a total of$10,000. Or,you may wish to wait and do this all in one
report after the full$10,000.00 has been expended.
In you choose to do two installments,I will take two of the"advanced payment"forms and request your funds
upon receipt of a Progress and Expenditure Report. Upon submission of the second or final report,I will request
the rest.
DIRECTOR'S OFFICE
R.A Gray Building - 500 Sount Bronough Street Tallahassee,Florida 32399-0250 (850)488-1480
FAX:(850)488-0353 WWWAddress hltpf/w fntedWgaeont
ARCHAEOLOGICAL RESEARCH O HISTORIC PRESERVATION 0 HISTORICAL MUSEUMS
(850)487.2299•FAX:4 14.2 207 (850)487-2333•FAX:922-0496 (850)488.1484•17AX:921-2503
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Mr.Whol
January 26, 1999
Page Two
It is important that you return your Agreement to me within thirty days of receipt so that we may fully execute
the Agreement. The project beginning date is the date when the Agreement is finally signed by all parties.
Project expenses incurred before this project beginning date and expenses incurred after the project ending date,
which is June 30,2000 are not eligible for payment.
If you believe you Will be able to incur your S10,000 expenses before December 30,1999,please contact me
immediately. I will shorten your contract period,thereby allowing us to close you out early and receive
both"quarterly"payments before June 2000.
I am looking forward to working with you on this project. If you have any questions,please do not hesitate to
contact me at(904)487-2333 or toll-free at 1-800-847-7278.
Sincerely,, /
L�� cg Q
Vicki L.Cole
Historic Preservation Planner
VLC
Enclosures
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