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01/16/2008 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: February 6, 2008 TO: David P. Owens . Grants Administra~or Isabel C. DeSantis Deputy Clerk FROM: At the January 16, 2008, Board of County Commissioner's meeting, the Board granted approval to accept proposal of, and authorized execution of an Agreement for Consulting Services between Monroe County and GAl Consultants, Inc. to perform the Tavernier Historic District Intensive Level Survey and Publication. Enclosed is a duplicate original of the subject document for your handling. Should you have any questions please do not hesitate to contact this office. cc: Finance County Attorney File AGREEMENT FOR CONSULTING SERVICES for The Tavernier Historic District Intensive Level Survey and Publication This Agreement ("Agreemenf') made and entered into this 16th day of January, 2008 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND GAl Consultants, Inc. a Corporation of the State of Florida, whose address is 301 E. Pine Street, Suite 1020, Orlando, FL 32801, its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for The Tavernier Historic District Intensive Level Survey and Publication; and WHEREAS, COUNTY has entered into a Historic Preservation Grant Award Agreement Certified Local Government Grants (Matching) Grant No. F0703 with the State of Florida, Department of State, Division of Historical Resources; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to, an intensive level survey of the Tavernier Historic District, which services shall collectively be r,eferred to as the "Projecf'; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to thle COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which th,e Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.6 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.7 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.8 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruitin!~, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. ARTICLE II SCOPE OF CONSULTANT'S BASIC SERVICE 2.1 DEFINITION 2.1.1 CONSULTANT'S Basic Services consist of those described in Paragraphs 2.2 through 2.6, and other services identified as part of Basic Services, and include normal consulting services to complete an intensive level survey and publication of the Tavernier Historic District. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed must contain a description of the services to be performed, and the time within which services must be performed. 2.1.2 Project schedule is as follows: After Authorization Phase I .- Data Collection and Review Phase II - Draft Publication Phase 111- Final Product Note: Activities listed above may occur concurrently. The Project must be completed no later than June 30, 2008. Time is of the essence in this regard. 2.2 DATA COLLECTION AND REVIEW 2.2.1 Extensive historical research will be done on each of the historic buildings in the Tavernier Historic District. Sources to be consulted could include deeds, census records, vital records, phone tlooks, business records, historic photographs, oral history, architectural and building records - in addition to the buildings themselves. Any property within the Tavernier Historic District that is fifty years old or more will be included in the project, regardless of whether or not it is currently considered to be contributing. Eligible currently noncontributing buildings will have Florida site files prepared for them. But the result will not simply be an updated version of the existing windshield survey: It will be a published "intensive-level" survey with a strong publiC education component, fleshing out the bare-bones information currently available, telling the stories of these buildings and making a case for why they am significant. The methods and formats used must comply with the terms of the COUNTY'S agreement with the State of Florida 2.3 DRAFT PUBLICATION 2.3.1 Included shall be monthly updates. The due date of the draft publication is April 30, 2008; CONSULTANT must deliver a draft publication to the COUNTY and the State on or before that date. 2.4 FINAL PRODUCT 2.4.1 The final product will be a history of the built environment of Tavernier. This will consist of a series of building histories, written in prose that is thoroughly footnoted while still being readable. An introduction summarizing the physical development of the community would also be appropriate, along with a timeline, black-and-white photographs, and maps. The format should be downloadable as a PDF document and in a size that is easily able to be printed off a computer or photocopied, and bound for hardcopy distribution. The final product must comply with the terms of the COUNTY'S agreement with the State of Florida, and be delivered to the COUNTY and the State on or before June 30, 2008. 2.5 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES 2.5.1 The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its sub- consultants, or both. 2.7.1 WRITTEN NOTICE Any notices sent by the parties shall be deemed to have been duly served if delivered in person to the individuals and addresses listed below, or if delivered or sent by first class mail, certified, return receipt, or by courier with proof of delivery. All written correspondence to the COUNTY shall be dated and signed by an authorized repres€intative of the CONSULTANT. The correspondence shall be directed to: Mr. David P. Owens Grants Administrator 1100 Simonton Street, Room 2-213 ~(ey West, Florida 33040 And: Mr. Thomas Willi Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 Notice <to the CONSULTANT shall be delivered to: GAl Consultants, Inc. Richard A. Cima, P.E. Vice President, Managing Officer ::101 E. Pine Street, Suite 1020 Orlando, Florida 32801 ARTICLE III ADDITIONAL SERVICE 3.1 The sen/ices described in this Article III are not included in Basic Services. They shall be paid for by the COUNTY as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement, and are as follows: A. Provi(jing services of CONSULTANT for other than the previously listed consulting scope of the Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. B. Providing representation before public bodies in connection with the Project, upon approval by COUNTY, except for the presentation to the BOCC noted in Section 2.5.1. 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including objectivEls, schedule, constraints and criteria. 4.2 The COUNTY shall designate a representative to act on the COUNTY'S behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non-conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.8. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY'S review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY'S criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4,7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS The CONSULTANT covenants and agrees to indemnify, hold harmless and defend COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by CONSULTANT or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers, employees, selrvants and agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect/Engineer/Consultant's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants Ilhat CONSULTANT hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of e)(ecution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME Matthew G. Hyland Jared N, Tuk Warren F. Adams Megan Lea Otten Lindsey Sumpter Suzanne Noel Prior FUNCTION Architectural Historian Lead Architectural Historian Architectural Historian Cultural Resources Specialist Environmental Specialist II Graphic Designer I So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 CONTRACT AMOUNT 7.1.1 A. The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of the Contract the Contract sum of forty-nine thousand, seven hundred, thirty-six and 00/1100 Dollars ($49,736.00). B. Final payment, constituting the entire unpaid balance of the Contract Amount, shall be made by the Owner to the Contractor when the Contract has been fully performed by the Contractor. 7.2 PAYMENTS 7.2.1 For its assumption and performance of the duties, obligations, and responsibilities set forth herein, Ithe CONSULTANT shall be paid upon delivery of the final product, contingent upon approval of the draft and final product by COUNTY and the State of Florida Division of Historical Resources. (A) III the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to tl1e CONSULTANT shall be equitably adjusted, either upward or downward; (8) tis a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit a proper invoice to COUNTY requesting payment for services properly r,endered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project outside of the basic scope of work: a. Expense of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Reproductions as requested only by the COUNTY. c. Postage and handling of reports; 7.4 BUDGET 7.4.1 The COINSUL TANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY'S Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY'S Board of County Com missioners. 7.4.2 The COUNTY'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $100,000.00 bodily injury per Accident, $500,000.00 bodily injury by disease, policy limits, and $100,000.00 injury by disease each emp1loyee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with $300,000.00 combined single limit. If split limits are provided, the minimum limits acceptable shall be $100,000.00 per person, $300,000.00 per occurrence, and $50,000.00 property damage. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULT ANT or any of its employees, agents or subcontractors or subc:onsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Conltractual Liability Endorsement with $500,000.00 combined single limit. If split limits are provided, the minimum limits acceptable shall be $250,000.00 per person, $500,000.00 per occurrence, and $50,000.00 property damage. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance of $250,000.00 per occurrence and $500,000.00 aggregate. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reseNes the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS Any copyright for publications or other materials prepared by the CONSULTANT for this Project shall be held by the Florida Department of State, Division of Historical Resources. CONSUI_TANT may arrange for copyright of such materials only after approval from the Department of State. Any copyright arranged for by the CONSULTANT shall include acknowledgment of grant assistance. CONSULTANT agrees to, and awards to the Department of State and, if applicable, the Federal Government, and to its officers, agents, and employees acting within the scope of their official duties, a royalty-free, nonexclusive, and irrevocable license throughout the world for official purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data covered by the copyright. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writin~l and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. The COUNTY may terminate this agreement in accordance with the terms of Attachment C, Section 3.1 of the Historic Preservation Grant Award Agreement between the State of Florida and COUNTY, attached hereto. B. The CONSULTANT may terminate this agreement in accordance with the terms of Attachment C, Section 3.2 of the Historic Preservation Grant Award Agreement between the State of Florida and COUNTY, attached hereto C. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 9.6 CONTR,ACT DOCUMENTS This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFP, the documents referred to in the Form of AgreE~ment as a part of this Agreement, the Historic Preservation Grant Award Agreement and attaGhments A, B, C, and D, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a publiC entity, may not submit a bid on a contract with a publiC entity for the construction or repair of a publiC building or publiC work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY'S competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSUL TANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTE,NANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agr<eement. COUNTY, CONSULTANT, and the State of Florida Department of State Division of Historical Resources or their authorized representatives shall have reasonable and timely aGcess to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfullly retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULT ANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall incllude attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceed lings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSUI_TANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agmement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULT ANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 9.22 NON-W.AIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any parlticipating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agwement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, includin9 a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustmE3nts must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this AgreemElnt or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Date: \ - I lo- 0 '6 By: MaYOr/Chairman3 " " Cv,CLr!e S b~J ~ \\'~-. "'t." n ,r-. ---i--' \ ~~?~euL~ (] , LtJ~)CVr\ \NL/ Deputy Clerk I c-,< ["- ,...., = = "'" ..,., rrJ co I m " :J<: .r:- o w I I (\1\ C ~~ ....... .D ::D ~_: r't' "';~:" r'~~ ~ _ .... :..: ..- . (....-; ,")' ;1 ., ,I~ CONSULTANT -11 r--- (.:. r-,~, po tLuJ\.1Q.i0 ~ \\'::,10L1~ Title: END OF AGREEMENT Historic Preservation Grant Award Agreement Certified Local Government Grants (Matching) Grant No. F0703 This AGREEMENT is between the State of Florida. Department of State, Division of Historical Resources, hereinafter ref,:rred to as the Department, and the Monroe County, a political subdivision of the State of Florida, hereinafter ref,:rred to as the Grantee, relative to the Tavernier Intensive Level Survey and Publication Project, hereinafter referred to as the Project. The Department is responsible for the administration of grants-in-aid assistance for historic preservation purposes under the proviisions of Section 267.06 17, 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 IA-35, Florida Administrative Code, which regulates Historic Preservation Grants-in-Aid. Pursuant to Line Item Number 3182, contained in the 2007 - 2008 General Appropriations Act, Ch. 2007-25, Laws of Florida, the Department enters into this Agreement with the Grantee under grant number F0703, for the purposes as described in Section I. Subject to the limitations set forth in this Agreement, grant-in-aid funds in the amount of twenty-five thousand dollars (525,000) have been reserved for the Project by the Department. The Department and the Grantee agree as follows: l. The Project shall include the following Approved Scope of Work: A. Conduct a Historic Properties Survey of the Tavernier Historic District which would update a 2003 survey as well as research and document the historic buildings of the district for local and website publication. Florida Master Site File Forms will be completed on all newly surveyed historic structures. A Survey Log Sheet and Fina' Survey Report, meeting the requirements of Chapter IA-46.001 FAC, will be produced. Funds will be used to hire a professional consultant to conduct the survey. B. Progress and Expenditure Reports will be submitted to the Department on a quarterly basis and all proposals and contracts for consultant services shall be submitted by the Grantee to the Department for review and approval, prior to the execution of the contract, as specified In Attachment A of the Grant A ward Agreement C. A draft of the Survey Report, draft of the website PDF publication and five sample Florida Master Site File Forms, including photos and maps, per Attachment D of the Grant A ward Agreement, will be submitted to the Department no later than April 30, 2008 for review and approval, D. T.,o caples of the Final Survey Report, one disc copy and one hard copy of the PDF publication, lhe Survey Log Sheet and one copy of each Florida Master Site File Form, with accompanying photos and maps, will be submitted to the Department at the end of the grant period, no later than June 30, 2008, as final prnducts. Any grant product deadlines indicated in this section (excluding quarterly Project Progress & Expenditure report deadlines) must be incorporated into the applicable contract for goods and servlcl!s, II. The G]'anlee agrees to administer the Project in accordance with the GENERAL AND SPECIAL CONDITIONS GOVERNING GRANTS AND THE ADMINISTRATIVE INSTRUCTIONS FOR HISTORIC PRESERVATION PROJECT ACCOUNT ABILITY attached as Attachment A hereto; Chopter IA-J5, Florida Administrative Code; and the following specific conditions: I.', A. This grant becomes effective on July 1,2007 and ends on June 30, 2008. This agreement must be signed by the grantee and received in Department offices by October 1,2007 to avoid forfeiture of award. Project initiation as evidenced by grantee execution of a binding contract for all or part of the Approved Scope of Work in Section I. above, shall occur by November 1,2007. All grant funds and match shall be expended and all project work shall be completed by June 30, 2008. B. The Grantee agrees to submit the Final Products and the "Final Project Progress & Expendirure Report" incorporated herein by reference and available online at hnp://www.flheritage.com/grantslinfo/reports/. as specified in Attachment A, Part II, subparagraph B.2., by July 31, 2008. No costs incurred prior to July 1,2007 are eligible for payment from grant funds. No costs incurred after June 30, 2008 are eligible for payment. No ..tension of the grant period will be allowed. C. The Department shall not assume any liability for the acts, omissions to act or negligence ofthe 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. D. The Grantee, other than a grantee which is the State or agency or subdivision of the State, agrees to indemnitY 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. E. The Grantee shall designate a Project Manager to serve as liaison with the Department for all administrative requirements set forth in this Agreement. The designated Project Manager for the Project is: '/-, I'" N8lt1e: ,jt ~ V I'~ r c! '... o-",,~\ ';, Tille: ( ,c, ,,/; // i.n ./. ;',. l', Mailing Address: II /1 . C ,r/I II~ ,')' t , " City: F t''j '"(, "'. t I l . Daytime Telephone: i '{ 'I 'f ( .' c Zip Code: ,'/, FAX: '/ , I' , . , e-mail: C~\,'-"']':. Ij.;.~ ,j (.' in'jill""" i_i_ .tr (i. , F. The Grantee shall submit a Project Schedule to the Department by November 1,2007. The Project Schedule shall include at a minimum (as applicable) the following estimated milestone dates for the project: date of architect selection, date of execution for architecrural and engineering services agreement, date of completion of construction documents, bid date, contractor selection date, date of notice to proceed for construction, and date of substantial completion. It shall be the responsibility of the Grantee to provide Department grants staff with timely update of the Project Schedule ifadjustrnent becomes necessary. G. The Grantee shall be solely responsible for all work performed and all expenses incurred in connection with the Projecl. 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, as specified in Attachment A, Part II, subparagraph A.2.i(3); and provided that it 2 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. H. For Acquisition and Development projects, 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. I. For Survey and Planning and Community Education projects, the Grantee shall submit complete bid documents, including specifications, to the Department for review and approval prior to the execution of any contracts. J. 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. K. 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. L. 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. M. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit 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. N.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 that may be provided to it pursuant to this Agreement. O. 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. P. All project work must be in compliance with the Secretary of the Interior's Standards for ARCHEOLOGY and HISTORIC PRESERVATION: Identification, Evaluation, Historical Documentation, and Preservation Planning, available online at http://www .nps.govlhistorylstandards.hnn. Q. 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, disability, national origin, age, gender, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this Agreement. R. The Department shall not be liable to pay attorney fees, interest, late charges and se....ice fees, or cost of collection related to the grant. 3 S. These grant funds will not be used for lobbying the Legislature, the Judicial branch or any state agency. T. The products 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 D'=partment 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-live thousand dollars ($25,000) 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-live thousand dollan ($25,000). A. Grantees may elect for disbursement of grant funds on one of two schedules as described in I. and 2. below. This election must be made upon execution of this agreement and, once made, may not be changed during the course of the Project. Requests for payment must be made in writing by the Grantee consistent with the performance measures Indicated below and must specify the amount of funding being requested. The Grantee must check the box below to indicate the disbursement schedule elected for the Proj ect: o Advance Disbursement t8[ Reimbursement I. Advance Dlsbunement - Grant funds are paid in four installments of 30%, 30%, 30% and 10%, respectively. The Grantee shall invest any advanced grant funds in an interest bearing checking account, and interest earned on such investments shall be returned to the Department in a single payment to be included with the Final Project Progress and Expenditure Report. (a) Installment I (30% of grant award amount) may be requested by the Grantee upon receipt by the Department of the following performance measures: (a) two original signed copies of this Agreement and signed Attachment A, (b) one original signed copy of the Preservation Agreement incorporated herein by reference and available online at http://www.flheritage.comlgrantslinfo/reportsl (if applicable), (c) a copy of the required Project Schedule, and (d) a copy of the Request for Qualifications (RFQ) or Request for Proposals (RFP) required for project initiation, as applicable. No grant funding will be released prior to Department receipt of these performance measures. (b) Installment 2 (30% of the grant award amount) may be requested by the Grantee upon Division approval and Grantee execution of a binding contract for all or part of the Approved Scope of Work described in Section I above. Installment 2 grant funding will not be released prior to Department receipt of a copy of the executed binding contract for all or part of the Approved Scope of Work. (c) Installment 3 (30% of the grant award amount) may be requested by the Grantee upon Division receipt of documentation confirming encumbrance by binding contract(s) of or expenditure of 50% of the grant funding. Installment 3 grant funding will not be released prior to Department receipt of the specified expenditure documentation, which must conform to the requirements of the quarterly Project Progress and Expenditure Report form. 4 (d) The Final Installment (10% of the grant award amount) is a retainage amount, which may be requested by the Grantee upon completion of the Project and will be released by the Department only after receipt and approval of (a) any fmal Project products required in the Approved Scope of Work and (b) the Final Project Progress and Expenditure Report. The Final Project Progress and Expenditure Report must clearly document Grantee expenditure of the full amount of the grant award and the full match amount. 2. Reimbursement - The Grantee may request reimbursement of expenditures as documented in each required quarterly Project Progress and Expenditure Report. All such requests must document expenditure of match resources in substantially equal portion to grant funds expended for the reporting period. More frequent Project Progress and Expenditure Reports may be submitted if a shorter reimbursement schedule is necessitated by rapid Project progress and/or a higher rate of expenditure. 3. The disbursement schedules in both I. and 2. above shall be subject to any special conditions required by the Office of the Chief Financial Officer of the State of Florida. The Department reserves the right to withhold payment if the Grantee fails to provide semi-annual Project Progress and Elpendlture Reports or Is otherwise found to be In violation of any term(s) of this Agreement or other Agreements with the Department. 4. The Department shall evaluate ail payment requests based on the status of project work and compliance with the reporting and procurement requirements of this Agreement. Payment for project costs will also be contingent upon all authorized project work being in compliance with the aforementioned Secretary ofthe Interior's Standards, and approval of the grant assisted work by the Department. The total of grant funds transferred to the grantee following tinal Project completion, including all funds previously transferred in incremental payments, shall not exceed the amount of the grantee's actual cash expenditures in payment of allowable project costs. IV. Each grantee, other than a grantee which is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. A. All audits as described above shall be submitted within six months of the close of the Grantee's tiscal year, or within six months of the ending of the Grant Period. All audits or altestations must cover each of the Grantee's tiscal years for which grant funds were received or expended under this Agreement. B. Grantees shall sign and return to the Department one original copy of Altachment B to this Agreement, which refers to the responsibility of the Grantee under the Florida Single Audit Act. C. The Grantee shall complete a Florida Single Audit Act Certification which shall be provided by the Department before January 3 I of each calendar year. This form shall be returned by February 28 of the same year. The Grantee shall complete this form for each Grantee tiscal year in which grant funds were expended. V. The Grantee shall submit all contracts for professional services (architecture, engineering or consultant services) to the Department for review and approval prior to tinal execution by the Grantee. In addition to the review submissions indicated in III.A. above, the Grantee shall also submit (a) complete architectural docummts (plans and specitications), as may be applicable, (b) copies of all contracts for the procurement of goods and services relating to the project work, and (c) copies of all proposed change orders or amendments to said contracts to the Department for review and approval prior to final execution. 5 Department review and approval of said contracts shall not be construed as acceptance by or imposition upon the Department of any linancialliability in connection with said contracts. A. The Special Conditions a/Contract included in Attachment C hereto shall be included in all contracts for goods and services associated with this Project. These provisions require that consultants, design professionals and contractors comply with federal Equal Employment Opportunity legislation, and that all contracts for goods and services include provisions for retention and Department access to Project-related records, specilication of Project duration, and contract termination in accordance with this Agreement. These Special Conditions of Contract may be attached and made part of each agreement for architectural, engineering, consultant or construction services. Alternatively, the provisions in Attachment C may be incorporated into the body of each such agreement. B. Pursuant to Section 267. 03 I (5)(;). Florida Statutes, the Grantee shall provide the Department an opportunity to review and approve architectural documents for the Project at the following points in their development: I. Upon completion of schematic design; 2. Upon completion of design development and outline specifications; and 3. Upon completion of working drawings and specifications, prior to execution of the construction contract. VI. For all grant-assisted projects, except as exempted below, execution of the Preservation Agreement referenced in 1II. l.(a) above is required. By executing the Preservation Agreement, the Grantee agrees to the continued maintenance, repair and administration of the property receiving grant assistance in a manner satisf"ctory to the Department for a period of five yean from the date of execution. No grant funds will be released prior to Department receipt of one oriElnal signed and notarized copy of the completed Preservation Agreement. Exceptions to this requirement are properties owned by the State of Florida or the Federal Government, museum exhibits and archaeological sites. VII. 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 ofthe State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this Agreement. VlII. lfany 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. IX. 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. X. Each grantee, other than a grantee which is a State agency, agrees that, its officers, agents and employees, in perfonnance 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 benelits including retirement benelits 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. 6 XI. The Grantee shall not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without prior wrilten consent of the Department which consent shall not be unreasonably withhelld. 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 eve,nt 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 origin,,) party to the Agreement. XII. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity l:hat succeeds to the obligation of the Department. XIII. 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 lhe Grantee as specified by the Department or pending a decision by lhe Department 10 terminate the grant. I. Notification. When the Grantee has materially failed to comply with the terms and conditions of lhe 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 oflhe 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. Third party contributions applicable to the suspension period shall not be allowed in satisfaction of matching share requirements, unless otherwise agreed by lhe parties. 3. Adjustments to payments. Appropriate adjustments to the payments submitted after the effective dale 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 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. 7 I. 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 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 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. 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. XIV. Unles!, 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 Monr"e County, 510 Greene Street, Key West, 33040, 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. XV. 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. XVI. 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 supers"de 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 writing and properly executed by the parties. All \nitten 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: 8 DEPARTMENT OF STATE FREDERICK P. GASKE Director, Division of Historical Resources Date MONROE COUNTY Signature of Authorized Official Typed Name of Authorized Official Typed Title of Authorized Official Date MONROE COUNTY ATTORNEY A,fjPROVE;D A!:}, TQ FQ~M: C7 v..7fu- 1.. . f+tt.AJ' CYNTHIA L. HALL ASSISTANT"COUNTY ATTORNEY Date ",0 . ~'i- 7-.001- 9 " Historic Preservation Grant Award Agreement Attachment A General and Special Conditions Governing Matching Grants and Administrative Instructions for Historic Preservation Project Accountability Grant No. F0703 Tavernier Intensive Level Survey and Publication Project I have reacl, understand, and recognize that Attachment A is a legally binding part of my Grant Award Agreement and that Its provisions shall be enforced. Signature of Project Manager Signature of Authorized Official Typed or Printed Name of Authorized Official Typed or Printed Name of Project Manager Typed or Printed Title of Authorized Official Typed or Printed Title of Project Manager Date Date Please sian and return this paae with your sianed Grant Award Aareement. State of Florida Department of State Division elf Historical Resources VIONI-10E COUNfY ArTORNEY AP~~S T9l0JM: --r,- - f.. .,~ G NTHIA L. HALL .cSSISTA T COUNTY .'\TTORNEY :'3te___,:'8_:."-'::1::... '^-C C -j July 2007 Historic Preservation Grant Award Agreement Attachment A Grant No. F0703 Tavernier Intensive Level Survey and Publication Project General and Special Conditions Governing Small Matching Grants and Administrative Instructions for Historic Preservation Project Accountability State of Florida Department of State Division (If Historical Resources July 2007 Introduction and Definitions In accordance with the provisions of Chapter 267, Florida Statutes, the Division of Historical Resources, Department at State is responsible for the administration of a comprehensive program of historic preservation activities in Florida, and is authorized to participate in and receive funding assistance from the Federal historic preservation program administered by the National Park Service, United States Department of the Interior as authorized by the National Historic Preservation Act of 1966, as amended. Major fundinlj for the overall program is derived from State funds authorized by the Florida Legislature and from the annual apportionment of Federal funds to Florida through the Federal historic preservation program. The award and administration of grant-in-aid assistance for historic preservation projects to be carried out by public agencies or preservation organizations at the local level is one element of the State's comprehensive historic preservation program. Grants are awarded from funds available in the Historic Preservation Trust Fund established under authority of Section 267.0617, Florida Statutes. These funds may include a part of the Federal funds apportioned annually to the State, as well as funds appropriated for this purpose by the State Legislature and funds contributed from other sources. The cost of administering historic preservation projects grants is included in the overall costs of the comprehensive program, and is supported in part by the annual apportionment of Federal funds. Continued eligibility for Federal funding assistance requires that the State's comprehensive historic preservation program be administered in accordance with Federal laws, regulations, and conditions, as well as thOSEI of the State of Florida. The General and Special Conditions Governing Grants and the Administrativ,~ Instructions for Historic Preservation Project Accountability contained herein are intended to inform grantees of and assure grantee compliance with the Federal and State requirements applicable to historic preservation projects grants. Definitions "Allowable project costs" are the direct costs in cash expenditures and value of in-kind donations that are necessarv to the accomplishment of authorized project work, incurred during the project period, and properly documented in accordance with the Department's Administrative Instructions for Historic Preservation Project Accountability. "Approved iScope of Work" means those activities described in Section I of the Grant Award Agreement or in a fully executed amendment thereto. "Department" means the State of Florida, Department of State, Division of Historical Resources. "Grantee" mElans the agency, organization, or individual named in the Grant Award Agreement. "Grant period" means the period of time beginning on the effective date of the Grant Award Agreement and ending on the date specified in the Grant Award Agreement. "Project funds" refers to all amounts available for or expended in connection with the authorized project work, whether derived from State or Federal grant share or local matching share sources, public or private, and whether provided in cash or in-kind. 2 PART I General and Special Conditions Governing Grants All expenditures in connection with projects approved for assistance under the historic preservation grant program are subject to the provisions of Chapter 267, Florida Statutes; the National Historic Preservation Act of 1966. as amended; other applicable State and Federal laws. rules and regulations; the general conditions listed below; and special conditions affixed to project grant awards. Applicability These conditiions are applicable to the Grantee and to any consultants. contractors. or employees to which grant-in-aid funds are paid (including but not limited to architects. engineers. archaeologists. historians. contractors. construction managers. suppliers. vendors. etc.). Failure by the Grantee to comply with the conditions of grant assistance will be considered to be noncompliance. A. General Conditions 1. Grantee Publicity Requirements. In order to insure a wide public awareness of local preservation projects and historic preservation in general. the Grantee shall meet the I'ollowlng requirements regarding publicity of his/her project: a. At the outset of the project. a news release shall be sent by the Grantee to local print and electronic media identifying the project's specifics including the source(s) of grant funds. name of the project. nature of the project. and its benefits to the community. A copy of the news release(s) shall be submitted to the Department. b. Upon completion of the project. the Grantee shall issue another news release to local print and electronic media. c. There shall be an effort on the part of the Grantee to encourage publication of one or more feature stories on the Grantee's project by a newspaper. magazine or television program of at least local circulation. The Grantee shall provide the Department with a copy of any ensuing articles or a written statement identifying the date and network of any television broadcast(s). In the event that such efforts are unsuccessful. the Grantee shall provide the Department with copies of correspondence with newspapers. magazines or television stations indicating the Grantee has requested such a feature story. or written certification from the Grantee to the Department that such an effort was made. d. During the course of the project. the grantee is encouraged to inform elected officials, including state officials. mayors. and city and county commissions, by letter of the nature and benefits of the project. e. In the case of rehabilitation or restoration projects. the Grantee should also make an effort, where appropriate in the judgment of the Grantee. to publicize the project and the source of grant assistance (at any stage of the project) to the community through a dedication or other public ceremony of some nature. f. Federally Funded Projects: All news releases and promotional materials relating to Federally funded projects shall contain acknowledgment of grant assistance. substantially as follows: This project [publication} has been financed In part with historic preservation grant assistance provided by the National Park Service, U.S. Department of the Interior, administered through the Bureau of 3 Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Florida Historical Commission. g. State Funded Projects: All news releases and promotional materials relating to State funded projects shall contain acknowledgment of grant assistance, substantially as follows: This project [publication} has been financed in part with historic preservation grant assistance provided by the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Florida Historical Commission. 2. Amendments to the Grant Award Agreement. All amendments to the Grant Award Agreement for the project shall be in writing and fully executed by both parties. Amendments will be prepared by the Department, either at its own initiative or upon approval of the written request of the Grantee. 3. Changes In Approved Scope of Work. The Grantee may not, without formal amendment of the grant award agreement, make changes in the scope of the project that would be inconsistent with the Approved Scope of Work as stipulated in Section I. of the Grant Award Agreement or make any changes that might result in a deviation from the intent of the I:egislation that authorized the award of the grant. In the event of uncertainty, questions 'should be referred to the Department for final determination. 4. IExtenslon of Grant Period. No extension of the arant period will be allowed. 5. Timeliness of Work. All project work shall be completed and all grant and matching funds ,shall be expended by the grant end date. The "Final Project Progress & Expenditure Report" ,shall be submitted within thirty (30) days following the grant end date. 6. li>roJect Supervision. The Grantee will assure that competent and adequate professional supervision and inspection are provided and ensure that the completed work conforms to the approved standards and specifications. 7. Conflict of Interest. The Grantee shall comply with the laws of the State of Florida governing conflict of interest and standards of ethical conduct. In addition, no grantee official, employee, or consultant who is authorized in his or her official capacity to negotiate, make, accept, approve, or take part in decisions regarding a contract, subcontract, or other agreement in connection with a grant assisted project shall take part in any decision relating to such contract, subcontract or other agreement in which he or she has any financial or other interest, or in which his or her spouse, child, parent or partner, or any organization in which he or she is serving as an officer, director, trustee, partner, or employee of which he or she has or is negotiating any arrangement concerning employment has such interest. Grantees shall avoid circumstances presenting the appearance of such conflict. Furthermore. the spouse, child, parent, or partner of an officer, director, trustee, partner, or ,employee of the grantee shall not receive grant funds unless specifically authorized in writing by the Department prior to expenditure of said grant funds, 8. [)ual Compensation, If a Grantee staff member or consultant is involved simultaneously in ~NO or more projects supported by State or Federal funds, and compensation on either project is based upon percentage of time spent, he or she may not be compensated for more than 100 percent of his/her time during any part of the period of dual involvement. 9. C:ontingent Fees. No person, agency, or other organization may be employed or retained to solicit or secure a grant or contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee. For breach or violation of this prohibition, the 4 Department shall have the right to annul the grant without liability or, at its discretion, to deduct from the grant or otherwise recover the full amount of such commission, percentage brokerage or contingent fee, or to seek such other remedies as may be legally available. 10. Use of Individual Consultants. No project funds shall be used for the payment of fees to individual consultants without the written authorization of the Department. The procurement of individual consultant services must be justified and documented in accordance with the Administrative Instructions for Historic Preservation Project Accountability contained in Part III herein. In no case will consultant fees over and above regular salary be paid to 'smployees of the Grantee organization or of professional firms or organizations whose 'services have been properly procured by the Grantee for the project. The Grantee will not IUse any project funds to pay travel expenses of employees of the Florida Department of State or Federal government for lectures, attending program functions, or any other ,activities in connection with the project. 11. Civil Rights Compliance. The Grantee will assure that the project is administered in '~onformance with the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended. Title VI of the Civil Rights Act of 1964 states that no person will, on the grounds of race, color, religion, sex or national origin, be ,excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance. Section 504 of the Rehabilitation Act of 1973 requires that no qualified disabled individual is solely, 'by reason of disability, excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving Federal financial assistance. The Age Discrimination Act of 1975 prohibits discrimination on the basis of age under any program or ,activity receiving Federal financial assistance. Every grantee is required to submit a Civil 'Rights Assurance of Compliance Form. No grant awards may be made without a Civil ,Rights Assurance of Compliance Form on file. 12. IDiscrlmlnatlon In Employment Prohibited. In all hiring or employment in connection with Ithe project, each employer (1) will not discriminate against any employee or applicant for ,amployment because of race, color, religion, sex, age, or national origin, and (2) will take affirmative action to ensure that applicants are employed, and that employees are treated ,juring employment, without regard to race, color, religion, sex, age, or national origin. In ,addition, no qualified person shall, on the basis of disability, be subject to discrimination in ,smployment in the grant assisted project. These requirements apply to, but are not limited 10, the following: employment, promotion, demotion or transfer; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Grantee and its consultants or contractors will comply with all applicable statutes and Executive Orders on '3qual employment opportunity and grant awards will be governed by the provisions of all such statutes and Executive Orders, including enforcement provisions. 13. Religious Institutions. If the project involves a place of worship or faith-based organization (" property, the Grantee will assure that neither the execution of nor the public benefit resulting from the project require involvement or participation in religious services or activities. 14. Political Activities. No expenditure of project funds may be made for the use of equipment or premises for political purposes, sponsoring or conduction of candidate's meeting(s), engaging in voter registration or voter transportation activity, or other partisan political activities. 15. Hatch Act. No officer or employee of the State whose principal employment is in connection with any activity which is financed in whole or in part with grant assistance shall take part in any of the political activity proscribed in the Hatch Poiitical Activity Act, 5 USC 1501 et. seq., as amended, with its stated exceptions. 5 16. L.obbying Activity. No part of the project funds shall be used. either directly or indirectly, to pay for any personal service, advertisement. telegram. telephone. letter. printed or written matter. or other device. intended or designed to influence in any manner a Member of Congress or the State Legislature. to favor or oppose. by vote or otherwise, any legislation or appropriation by Congress or the State Legislature. whether before or after the introduction of any bill or resolution proposing such legislation or appropriation. as proscribed in 18 USC 1913. 17. Safety Precautions and liability. The Department assumes no responsibility with respect to accidents. illness. or claims arising out of any work performed under a grant supported project. The Grantee is expected to take necessary steps to insure or protect itself and its personnel and to comply with the applicable local. State or Federal safety standards. including those issued pursuant to the National Occupational Safety and Health Act of 1970 (see 20 CFR 1910). 18. Reports, Records, and Inspections. The Grantee will submit financial. project progress. Elvaluation. and other reports as required by the Department and will maintain such property. personnel. financial. and other records and accounts as are deemed necessary by the Department to assure proper accounting for all program funds. The Grantee. its consultants and contractors will permit on-site inspections by Department representatives and will effectively require employees to furnish such information as. in the judgment of the Department representatives. may be relevant to a question on compliance with grant conditions and the effectiveness. legality. and achievements of the program. 19. Examination of Records. The Secretary of State of the State of Florida and the State J\uditor General. or any of their duly authorized representatives. shall have access for the purpose of financial or programmatic audit and examination to any books. documents. papers. and records of the Grantee that are pertinent to the grant at all reasonable times during a period of five years following completion of the project. or until all claims or audit fiindings have been resolved. 20. Disclosure of Information. The Grant Award Agreement may be canceled by the Department without prior notices for refusal by the Grantee to allow public access to all documents. papers. letters or other material relating to the project. in accordance with the provisions of Chapter 119, Florida Statutes. and with the Freedom of Information Act, 5 USC ti52 as amended by Public Law No. 104-231. 110 Stat. 3048. 21. Rights to Data and Copyrights. When publications. films. or similar materials are developed. directly or indirectly. from a program. project or activity supported by grant funds. any copyright resulting therefrom shall be held by the Florida Department of State. Division of Historical Resources. The author may arrange for copyright of such materials only after approval from the Department. Any copyright arranged for by the author shall include acknowledgment of grant assistance. As a condition of grant assistance. the Grantee agrees to. and awards to the Department and, if applicable. to the Federal Government. and to its officers. agents. and employees acting within the scope of their official duties. a royalty-free. nonexclusive. and irrevocable license throughout the world for official purposes. to publish. translate. reproduce. and use all subject data or copyrightable material based on such data covered by the copyright. 22. Compliance with Environmental Protection Laws and Regulations. No project funds shall be used for project work involving ground disturbance. modification of iand use patterns, new construction. or other known or potential alteration of the natural environment t~lat does not conform to State and Federal laws and regulations relating to protection of the natural environment. including but not limited to the National Environmental Policy Act of 6 . :t jl969, as amended, 42 USC 4321 et, seq., establishing national policy goals and objectives for protecting and enhancing the environment. 23. I:nergy Conservation. The Grantee shall promote energy conservation and utilize to the maximum extent practicable the most energy efficient equipment, materials, construction methods, and operating procedures available in the accomplishment of project work. 24. Convict Labor. The Grantee or its contractors may utilize the labor of State prisoners in ,Iuthorized work release, parole or probation programs in the accomplishment of work. In accordance with Executive Order 11755, as amended no person undergoing a sentence of imprisonment at hard labor shall be employed on grant assisted project work. Convict labor !;hall be recorded in the Project Progress & Expenditure Report and shall be supported by a signed statement from the supervising individual, attesting to the number of laborers and the number of donated hours. 25. Minority Businesses. The Grantee shall encourage greater economic opportunity for minority business enterprises, as defined in Section 288.703, Florida Statutes, in accomplishment of project work. To the maximum extent possible, the Grantee and its consultants or contractors will take affirmative steps to assure that minority businesses are used as sources of supplies, equipment, construction, and services. Affirmative steps shall include but not necessarily be limited to the following: a. Inclusion of qualified minority businesses on solicitation lists; b. The assurance minority businesses are solicited whenever they are identified as potential sources; c. The division of total requirements, when economically feasible, into small tasks; or quantities to permit maximum participation of minority businesses; d. The establishment of reasonable delivery schedules when feasible, so as to encourage participation by minority businesses; and e. Utilization of the services and assistance of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce. 26. Requirements for Survey Reports. Publications and Media Project Products. All projects resulting in a written or published report or other publication, and for projects that result in production of a video, DVD or other non-print media product shall contain the following acknowledgement of funding assistance and content disclaimer: a. For Federally Funded Projects: This project [publication] has been financed in part with historic preservation grant assistance provided by the National Park Service, U.S. Department of the Interior, administered through the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Florida Historical Commission. However, the contents and opinions do not necessarily reflect the views and opinions of the Department of the Interior or the Florida Department of State, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior or the Florida Department of State. This program receives Federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Department of the Interior prohibits discrimination on the basis of race, color, age, national origin, religion, sex, disability, or sexual orientation in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or faCility as described above, or if you 7 desire further information, please write to: Office of Equal Opportunity, U. S. Department of Interior, National Park Service, 1849 C Street, NW, Washington, DC 20240. b. State Funded Projects: This project [publication] has been financed in part with historic preservation grant assistance provided by the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Florida Historical Commission, However, the contents and opinions do not necessarily reflect the views and opinions of the Florida Deparlment of State, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Florida Deparlment of State. B. Special Provisions Applicable to Acquisition & Development Projects. The following special conditiclns apply to grant assisted projects involving the acquisition, preservation, protection, restoration, rehabilitation, stabilization, or construction of a site, building, structure, or object. 1. J~ccesslbllity for the Disabled. The Grantee shall ensure that the grant assisted property meets the requirements of the Americans with Disabilities Act, Public Law 101-336; Section ;15.21, Florida Statutes; and Part fI, Chapter 553, Florida Statutes regarding accessibility for the disabled. Specifications for project work must conform to the Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped published by the American National Standards Institute and the Secretary of the Interior's Standards I'or Rehabilitation. 2. Project Identification Sign. When grant assistance is provided for acquisition or development work, a project identification sign will be displayed in a prominent location at the project site while project work is In process. The sign must be a minimum of eight (8) square feet in size (usually 2x4 feet), be constructed of plywood or other durable material, llnd identify the project and source of grant support. Any variation In the above specifications must be approved by the Department. The sign shall contain the following acknowledgment of grant assistance: This project has been financed in parl with Historic Preservation Grant assistance provided by the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Florida Historical Commission. The costs of preparation and erection of the project identification sign are allowable project costs; routine maintenance costs of signs are not allowable. A photograph of the project j,:jentification sign at the project site shall be submitted to the Department. 8 PART II Administrative Instructions for Historic Preservation Project Accountability These instruclions are intended to assist historic preservation grant recipients in meeting the accounting and public benefit requirements of the historic preservation grants-in-aid programs administered by the Department. Grantee Administrative and Reporting Requirements Grantees are responsible for maintaining financial records and project progress reports as outlined below, ThesEl records and reports shall be retained for a period of five (5) years following completion of the project, or until such time as any litigation, claims, or audit questions arising from examination or audit initiated prior 110 expiration of the five year period are finally resolved, All Grantee pmject records and reports are subject to public disclosure under the provisions of Chapter 119, Florida Statutes, and the Freedom of Information Act, 5 USC 552 as amended by Public Law 104- 231, 110 Stat. 3048, A. Financial Records. Financial records must be adequate to account for the receipt and expenditure of all pre.ject funds, and to demonstrate compliance with required procedures. Grantee financial records me subject to audit by State auditors, Inadequate. incomplete or incorrect project financial records may result in ineligibility for grant assistance. Financial records shall include, but are not limited to: 1. Documentation of Project Expenditures. Project expenditures are direct cash value project costs that are reimbursable, are paid for using grant assistance provided by the Department, and cash value or in-kind contributions to the required local match share, Department grant assi:stance is authorized for payment of 50% of allowable project costs, within the dollar limits of the !~rant, as specified in the Grant Award Agreement. Grantee financial records shall include complete documentation pertaining to the application for grant assistance, the award of the grant, the grant award agreement, and the receipt and deposition of grant funds. 2, LOCil1 Matching Share. Local matching share may be provided in the form of cash expErnditures or the value of materials and services donated in-kind for use in the direct accomplishment of authorized project work. Matching share may be derived from any other sources available to the grantee, with the exception that funds from other Federal funding programs cannot be used to match grant assistance funds derived from the Federal Historic Preservation Fund apportionment to the State of Florida, (This restriction does not apply to Community Development Block Grants, Urban Development Action Grants, or Revenue Sharing Funds). a. Grantee financial records shall clearly identify the source, amount, and date of receipt of all cash funds and donated values applied to the project. Receipts shall be recorded as they occur. b, Donated services shall be valued at the Federal minimum wage rate, unless the services donated are those normally provided by the donor in his or her profession or trade, in which case they may be valued at rates consistent with those paid for similar work in the local labor market area, c, Donated materials shall be valued at the donor's cost or the fair market value at the time of donation, whichever is less, 9 3. Required Procurement Procedures for Obtaining Goods and Services. Be sure that your organization provides maximum free competition when procuring goods and services related to your grant-assisted project. Every effort must be made to use small business firms. minority owned firms. women's business enterprises. and labor surplus areas. a. Instructions for Procurement of Goods and Services for Smaller Projects (Including Professional Services and Construction) for Individual Purchases or Contract Amounts not Exceeding $15,000.00. For individual purchases or contract amounts not exceeding $15,000, the Grantee must use the applicable procurement method described below: (1) Small Purchase Procedures I (Purchases or Contract Amounts Up to $2,500). Procurement of goods and services where individual purchases or contracts do not exceed $2,500 may be conducted at the Grantee's discretion. (2) Small Purchase Procedures II (Purchases or Contract Amounts Between $2,500 and $15,000). Goods and services costing between $2,500 and $15,000 may be procured by purchase order, acceptance of vendor proposals, or other appropriate procurement document, provided that you: (a) Solicit written or verbal quotes or proposals from two (2) or more competitors: (b) Develop and implement a process for evaluating proposals and document application of that process for selection (i.e., for construction work, your selection may be based on the lowest responsible proposal amount, while for professional services. selection should be based on task-specific criteria and committee review and ranking of proposals. (b) Are provided with an adequate description of the goods and services proposed; and (c) Secure written approval from the Department prior to acceptance of proposal or execution of contract. b. Instructions for Procurement of Professional Services (Including Architectural, Engineering and other Consultant Services) for Contracts Exceeding $15,000). For individual contract amounts exceeding $15,000, the Grantee must use the applicable procurement method described below: (1) Competitive Selection ($15,000 . $25,000). Professional services greater than $15.000 but less than $25,000 must be procured in the following manner: (a) Solicit written quotes or qualifications submissions from two (2) or more competitors; (i) Identify all significant evaluation factors and their relative importance in the request for qualifications. (ii) Indicate in solicitation that public funds are involved. (iii) Develop and distribute detailed project specifications with the solicitation. (b) Establish a review committee to evaluate and rank qualification submissions; 10 (c) Select the most qualified competitor based on the established evaluation criteria (Option: Conduct an initial ranking to "short list" competitors and interview the top three for final ranking); (d) Enter into contract negotiations with the top ranked competitor. If negotiations are unsuccessful with this competitor, proceed to the next ranked competitor; (e) Secure written approval from the Department prior to execution of contract. (2) Competitive Negotiation ($25,OOO and up). Professional services in excess of $25,000 must be procured in the following manner: (a) Advertise with a Request for Qualifications (RFQ) to secure qualification submittals for professional services from two or more competitors; (i) Publicized the request through notices in local newspapers of general circulation or trade journals, in addition to individual solicitations. (Ii) Identify all significant evaluation factors and their relative importance in the request for qualifications. (Iii) Indicate in RFQ that public funds are involved. (b) Establish a review committee to evaluate and rank qualification proposals; (c) Conduct an initial ranking based on the established evaluation criteria to "Short list" competitors and interview the top three for final ranking; (d) Enter into contract negotiations with the top ranked competitor. If negotiations are unsuccessful with this competitor, proceed to the next ranked competitor; (e) Secure written approval from the Department prior to execution of contract. Exception: Departments or agencies of the state and units of county, municipal or other local government must always procure professional architectural, engineering, landscape architectural. or land survey and mapping services in accordance with the provisions of the Consultants Competitive Negotiations Act", Section 287.055. Florida Statutes. c. Instructions for Procurement Using Competitive Sealed Bids (Procurement of Goods and Services Exceeding $15,000). Except as noted in 3a. and 3b. above, contracts for procurement of goods and services (exclusive of professional services) shall be undertaken on the basis of sealed bids solicited through formal advertisement in a newspaper of local or area circulation including: (1) Notice of the time and place of public bid opening; (2) Instructions on how to obtain detailed bid documents or procurement specifications; and (3) A statement that public funds are involved. 11 d. Qualification of Contractors. It is essential that the project be supervised and carried out by personnel possessing training and experience appropriate to the nature of the project. Grantees shall require, as a part of the bid or proposal package submitted by prospective contractors, documentation of the professional qualifications of the key personnel to be employed. Such documentation shall include, but not be limited to: (1) Resumes of academic training and employment in the applicable field; (2) Evidence of possession of required licenses or business permits; and (3) Evidence of any previous experience in projects of a similar nature, especially projects requiring compliance with the standards cited in Section II. Paragraph M. of the Grant Award Agreement. e. Contract Provisions. In addition to prOVIsions defining a sound and complete procurement contract, the Grantee shall ensure that the following contract provisions or conditions are included in all procurement contracts and subcontracts relating to the project (also refer to Section V. Paragraph A. of the Grant Award Agreement): (1) Contracts other than small purchases shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (2) All contracts shall contain suitable provisions for termination by the Grantee, including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. (3) All contracts and subcontracts awarded by the Grantee and its primary contractors shall assure equal employment opportunity. (4) All contracts (except those awarded by small purchases procedures) awarded by grantees shall include a provision to the effect that the Grantee, the Department, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to that speCific contract, for the purpose of making audit, examination, excerpts, and transcription. Grantees shall require contractors to maintain all required records for five years after grantees make final payments and all other pending matters are closed. (5) All contracts involving the research, preparation, and publication of data shall include notice of the conditions relating to copyrights contained in Part I, Paragraph 21 of Section A on page 5 of this document. f. Contract Pricing (1) Procurement by small purchase procedures or competitive negotiation methods may be priced on either a fixed-fee or cost reimbursable basis. (2) Procurement by the competitive sealed bid method shall be priced on a firm- fixed-fee basis. 12 (3) Contracts for goods and services based on cost-plus-percentage-of-cost or percentage-of-construction-cost contracts are not allowable for grant-assisted work. g. Procurement Documentation to be Submitted to the Department. The Grantee shall submit the following items to the Department as evidence of compliance with procurement procedures prior to the execution of any contract for project work: (1) Copies of the solicitation for proposals or invitation to bid and all applicable bid documents, including construction plans and specifications, if required - to be submitted upon distribution or publication; (2) A summary of proposals or bids received and the basis for professional, consultant or contractor selection - to be submitted upon completion of the selection process; and (3) A copy of the contract - to be submitted for review and approval by the Department prior to execution. A copy of the executed contract is to be submitted to the Department following approval and execution. B. Project IProgress and Expenditure Reports. The Grantee shall submit a Project Progress & Expenditure Report (incorporated herein by reference and available online at httO://wwN.flheritaae.com/arants/l to the Department at the end of each quarter within the grant period e~cept for the final quarter in which the Grantee shall instead submit a Final Project Progress and ExpElnditure Report. Project Progress and Expenditure Reports must be submitted quarterly for the duration of the project. regardless of the type of project (Acquisition and Development, Survey and Planning or Community Education) or whether funds have been expended. 1. Determination of Allowable Project Costs. The total project cost submitted by the Grantee might contain expenditures that are not allowable in determining the eligible costs in accclrdance with the provisions of the Historic Preservation Grant Award Agreement. The Dep,artment will review each Project Progress and Expenditure Report, and make its determination of the eligible expenditures on the basis of the following criteria: a. Allowable Project Costs. Allowable project costs shall include: (1) Costs incurred by contract for procurement of goods and services consistent with the Approved Scope of Work in Section I of the Grant Award Agreement; (2) Costs incurred by properly documented small purchase procedures; (3) Costs incurred by the Grantee for the following items applied directly to elements of the Approved Scope of Work in Section I. of the Grant Award Agreement: (a) Accounting: the cost of establishing and maintaining interest-bearing financial accounts directly relating to the Project; (b) Auditing: audit costs only as required by the Florida Single Audit Act (see Section IV. of the Grant Award Agreement and Attachment B hereto). (c) Communications: specific charges for telephone, telegraph. or other communications services; (d) Employee salaries and benefits (only if included in the original grant application for the Project and only if documented by the Grantee to be specifically applicable to one or more items within the Approved Scope of Work); 13 (e) Materials and supplies; (f) Procurement services: the cost of advertising, solicitation, processing, and administration of procurement contracts; (g) Reproduction: the cost of limited reproduction of reports, forms, and project documents; and (h) Travel: the costs of travel, lodging and subsistence at rates not exceeding commercial coach fares or current mileage and per diem rates allowed by the State (allowable only if costs of travel and related expenses have been approved by the Department In writing before they are Incurred). (4) The properly documented value of donated services and materials (see Paragraph 3.(c) below). (5) The properly documented value of volunteer services directly relating to the accomplishment of the Project (volunteer work must be for one or more items included in the Approved Scope of Work - see Paragraph 3.(c) below). b. Non-allowable Project Costs. Costs not allowable as grant-assisted work or match contribution shall include: (1) Project costs incurred outside the project period: (2) Costs of goods and services not procured in accordance with required procurement procedures; (3) Costs or value of donations not properly documented as described below; (4) Costs incurred by the Grantee other than those specified in the Approved Scope of Work in Section I. of the Grant Award Agreement, or not directly related to the project; (5) Costs incurred by the Grantee for paving, parking, sidewalks, site lighting, site utilities, landscaping and other site development unless specifically indicated in the Approved Scope of Work; and (6) Indirect costs incurred for common or joint activities of the Grantee. 2. Doc;umentatlon of Expenditures. Each quarterly Project Progress and Expenditure Report and the Final Project Progress and Expenditure Report must include documentation of payment for each cash expenditure claimed during the reporting period. a. Grantees shall provide a detailed listing of each expenditure in the Cash Expenditure section of these reports, which contain the following information: (1) Check number; or if a cash payment, a copy of the paid receipt must be submitted; (2) Check date or date of cash expenditure; expenditures overlapping the grant period must be prorated; (3) The name of the payee or vendor for each expenditure paid by cash or check; (4) The expenditure amount; 14 :~ (5) The Approved Scope of Work category to which the goods or services contribute (see Section I. of the Grant Award Agreement); and (6) The purpose of each expenditure; stated clearly and in sufficient detail for the Department to determine if the expenditure is allowable. b. The Grantee shall provide the following documentation of payment of expenditures listed in the Cash Expenditure section of the quarterly Project Progress and Expenditure Report and the Final Project Progress and Expenditure Report. (1) Copies of contractors' invoices itemizing the materials delivered, services rendered, work items completed, and the following forms of proof of payment by the Grantee: (a) Copies of signed and dated receipts from the contractors/suppliers showing the date payments were received and the amounts received; and (b) Copies of the front and back of the canceled checks. (2) For authorized employee salaries (see (1 Hc) iii. above), the following expenditure documentation is required: (a) A copy of the log indicating the dates and hours devoted to authorized project work signed by both the employee and his or her supervisor or the designated Project Manager; and (b) Copies of payroll registers for all pay periods claimed for each employee or the front and back of canceled checks for all pay periods claimed for each employee. 3. Documentation of Donated Materials and Services, The value of donated materials and volunteer services is not eligible for reimbursement by grant funds, but is allowable in dete,rmining the Grantee's matching share. a. Documentation of donated materials and services shall include: (1) Identification of each individual donating services or materials; (2) Description of the work accomplished or type and amount of material donated; (2) The number of hours worked by each volunteer during the reporting period; (4) Basis for hourly value of work for each volunteer: (a) State of Florida Minimum Wage at the time of donation for state-funded grant projects; or (b) Federal Minimum Wage at the time of donation for federally-funded grant projects; or (c) If the services donated are those normally provided by the donor in his or her profession or trade, in which case they may be valued at rates consistent with those paid for similar work in the local labor market area. (d) If the hourly rate listed is above the applicable Minimum Wage (State of Federal), attach a signed statement from the individual listing his/her qualifications to justify the higher donated value rate. 15 (e) The total value of the volunteer's services for the reporting period (for donated materials, the donor must document their fair market value in a written signed statement, which is also signed by the designated Project Manager). 4. Additional Documentation to be Included In Project Progress and Expenditure Reports. IN addition to the documentation indicated in 8.2. and 8.3. above, each quarterly Project Pro!~ress and Expenditure Report shall include: a. A brief description of work accomplished in the previous three months; b. A description of any unusual problems or conditions encountered or any unusual methods, materials, or techniques employed; c. Copies of required documents (contracts, press releases, etc.) as applicable; and d. For construction projects, photographic documentation of construction work in-progress or completed work shall be included. 5. Finlll Project Progress and Expenditure Report. To be submitted within 30 days following completion of all projects In addition to the documentation indicated in 8.2., 8.3. and 8.4. above, this report shall also include: a. A description and explanation of any variations between the planned project work and that actually accomplished; b. A description and explanation of any significant differences between the planned project budget and the actual project costs; c. Final products as specified in the Approved Scope of Work (Section 1 of the Grant Award Agreement; d. Photographic documentation of completed construction work; and e. Required audit documents. C. Reports Required for Survey Projects. In addition to the Project Progress & Expenditure Reports described in Section 8. above, the following reports and forms are required for historic and archaeological survey projects: 1. Draft Survey Report. The Grantee shall submit a Draft Survey Report to the Department's Grants Section no later than sixty (60) days prior to the end of the grant period. a. The Grants Section shall review all Draft Survey Reports for compliance with the Archaeological and Historical Report Standards and Guidelines, Chapter 1A-46, Florida Administrative Code, and transmit the results of the review to the Grantee. b. The Draft Survey Report is to be organized by and shall include all applicable items on the 1A-46 checklist (see a. above). A signed and checked copy of the checklist must accompany the Draft Survey Report. The checklist will form the basis for Department review of the draft. c. The Draft Survey Report submission must include five "sample" Florida Master Site File forms, each accompanied by a street map, a USGS map and printout of a digital photograph. 16 d. During the 60 days following submission of the Draft Survey Report, submission of additional drafts or revisions may be required to secure Department approval for submission of the Final Survey Report, which will be due no later than 30 days following the end of the grant period. e. Clearance for submission of the Final Survey Report will be granted no later than the ending date of the grant period. 2. Final Survey Report. The Grantee shall submit a Final Survey Report to the Department's Grants Section no later than thirty (30) days following the end of the grant period. After review for completeness and sufficiency, the Grants Section shall forward the Final Survey Report to the Florida Master Site File. a. Survey Log Sheet. The Grantee shall obtain the most recent version of the Survey Log Sheet by contacting the Florida Master Site File, to be completed and submitted to the Department's Grants Section with the Final Survey Report. b. Florida Master Site File forms. If standing structures are recorded, a Historical Structure Form must be completed for each structure. If archeological sites are recorded, an Archaeological Site Form must be completed for each site. Separate forms for Historical Cemeteries, Historical Bridges, Underwater Archeological Sites and Shipwrecks are also available and must be completed if such resources are investigated. The Grantee shall obtain the most recent version of these forms by contacting the Florida Master Site File. All completed Florida Master Site File Forms shall be submitted to the Department's Grants Section with the Final Survey Report. After review for completeness and sufficiency, the Grants Section shall forward the completed forms to the Florida Master Site File. D. Reports Required for Preservation Planning Projects. In addition to the Project Progress & Expenditure Reports described in Section B. above, a draft of the final product will be submitted to the Dl!partment no later than sixty days (60) prior to the end of the grant period. Based on Deparllment review of the draft(s), supplemental reports or drafts of the final product may be requimd to be submitted for preservation planning projects depending on the nature and scope of the individual project. E. Submilsslons Required for Architectural Planning Projects. In addition to the Project Progress and E)(penditure Reports described in Section B. above, in accordance with Section 267 031 (5)(i), Florid;;1 Statutes, the Grantee shall provide the Department an opportunity to review and approve archite'ctural documents for the Project at the following points in their development: a. Upon completion of schematic design; b. Upon completion of design development and outline specifications; and c. Upon completion of working drawings and specifications, prior to execution of the construction contract. F. Reponts Required for Community Education Projects. In addition to the Progress & Expenditure Reports described in Section B. above, a draft of the final product shall be submitted to the Department no later than sixty days (60) prior to the end of the grant period. Based on Department review of the draft, supplemental reports or drafts of the final product may be required to be submitted for community education projects depending on the nature and scope of the individual project. 17 A TT ACHME:-iT B F0703 FLORIDA SINGLE ACDIT ACT REQCIRE~IE"TS Aeon REOLlRE:UE:'ITS The administration of resources a\\ arded by the Department of State to the Grantee may be subject to audits andior monitoring by the Department of State as described in this Addendum to the Grant A ward Agreement. :\10~ITORI~G In addition to reviews of audits conducted in accordance with OMS Circular A-133, as revised, and Section 215.97, F.S., monitoring procedures may include. but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by O~IB Circular A-133, as revised, and or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures. processes deemed appropriate by the Department of State. In the event the Department of State detemunes that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient funher agrees to comply and cooperate with any inspections, reviews, investigations, or audits deem"d necessary by the Chief Financial Officer or Auditor General. Al'Dlll PART J: FEDERALLY Fl'NDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OM.B Circular A- 133, as revised. 1. In the event that the recipient expends $500.000 or more in Federal awards in its fiscal year, the recipient must bave a single or program-specific audit conducted in accordance with the provisions of OMB Circular A- 133, as revised. EXHIBIT I to this agreement indicates Federal resources awarded through the Department of State by this agreement. In determining the Federal awards expended in its fiscal year, the recipie'nt shall consider all sources of Federal awards, including Federal resources received from the Department of State. The determination of amounts of Federal awards expended should be in accordance with the gUIdelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions O\IB Circular A-133. as revised. will meet the requir<:~ments ofrhis part. 2. In connection with the audit requirements addressed in Part I. paragraph I., the recipient shall fuitiII the require'ments relathe to auditee responsibilities as provided in Subpart C of 0\1B Circular A.133, as revised. 3. If the recipient expends less than $500.000 in Federal awards in its fiscal year, an audit conducted in accordance \\ ith the provisions of O\1B Circular A.1 .33, as revised. is not required. In the event that the redpient expends less than $500,000 in Federal awards in its tiscal year and elects to ha\-e an audit conducted in accordance ,""ith the provisions ofO\1B Circular A.133, as revised, the ('ost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal ~ntities). 4. The Internet ~eb addresses listed below will assist recipients in locating documents referenced in the text of this. agreement and the interpretation of ('ompliance issues. State ofFlonda Department Financial Services (Chief Financial Officer) httD> www.!ldfs.com Federal Office of ~Ianagement and Budget Circulars Index http:: wW\\o.\\ohitehouse.2.ov omb.'lZrants index.html- circulars Governor's Office Initiatives, Florida Single Audit Act httn: www.mvflorida...:om,mvtlorida 'iZovernment iZovemorinitiatives'fsaa, State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) http:.www.le~.state.!l.us. PART II: STATE Ft:NDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Offic,: of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10..650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this agr~ernent indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sourct:~s of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requir1ements. 2. In connection with the audit requirements addressed in Part II, paragraph I, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance \\ith the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipit~nt expends less than $500,000 in state financial assistance in its tiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources {i.e.. the ('ost of such an audit must be paid from the recipit'nf s resources obtained from other than State enti[ies). 2 ,~l PART III: RI,PORT SLBMISSIO" 1. Copies ofn:porting packages for audits conducted in accordance with O\1B Circular A-133. as revised. and required by PART I of this agreement shall be submitted, when required by Section .320 (dl, 0\18 Circular A-133. as revised, by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Oftice of Inspector General Florida Department of State Clifton Building, Suite 320 2661 Executive Center Circle Tallahassee, FL 32301 B. The Federal Audit Clearinghouse designated in 0\18 Circular A-133. as revised (the number of copies required by Sections .320 (d)(I) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: F"deral Audit Clearinghouse Bureau of the Census 120 I East 10'" Street IdIersonville, C'>i 47132 C. Other Fed"ral agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A- 133. as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and condu=ted in accordance with O\1B Circular A-133. as revised, is not required to be submitted to the Department of State for the reasons pursuant to Section .320 (e)(2), O\1B Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipi"nt's audited schedule of expenditures of Federal awards directIv to each of the following: Office of Inspector General Florida Department of State CI:ifton Building, Suite 320 2661 Executive Center Circle Tallahassee, FL 3230! 3. Copies of tinancia! reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directlv to each of the following: A. The Department of Slate at each of the following addresses: Office of Inspector General Florida Department of State Clitlon Building, Suite 320 2661 Executive Center Circle Tallahassee, FL 32301 3 B. The Auditor General's Office at the following address: Auditor General's Office Room 401. Pepper BUilding III West \1adison Street Tallahassee, Florida 32399-1450 4. Any reports. managem~nt letter. or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with O:VIB Circular A-133. as revised, Section 215.97, Florida Statutes, and Chapters 10,550 (local governmental entities) or 10,650 Inonprofit and for-protit organizations), Rules of the Auditor General, as applicable, 5. Recipllents. when submitting financial reponing packages to the Depanment of State for audits done in accordance "ith O:VIB Circular A-133 or Chapters 10,550 (local governmental entities) or 10.650 [nonprofit and for-profit organizations), Rules of the Auditor GeneraL should indicate the date that the reporting package was delivered to the n:cipient in correspondence accompanying the reporting package. PART IV: RECORD RETDITIO:"l 1. The rc;~cipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period oftive years from the date the audit repon is issued, and shall allow the Depanment of State, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, Chief Financ'ial Officer, or Auditor General upon request for a period of three years from the date the audit repon is issUl~d. unless extended in writing by the Department of State. EXHIBIT I FEDERAL RlESOl'RCES AWARDED TO THE RECIPIENT Pl'RSCA:"lT TO THIS AGREEME:"lT CO:"lSIST OF THE FOLLOWING: ~ational Park Service, U,S, Depanment of the Interior, Historic Preservation Fund Grants-In-Aid, CFDA # 15-904, 25000 COMPLIA'-CE REQLlREMEJ\'TS APPLICABLE TO THE FEDERAL RESOlRCES AWARDED PURSlA"T TO THIS AGREEME:\T ARE AS FOLLOWS: Rc:soun::es may be used to carry out historic preservation adivities such as surveys, preservation plans, :\"ational Register nominations. architectural plans and the ~ational Register of Historic Places, and for acquisition or repair of these properties. Development projects must comprise on or more treatments SUi..:h as preservation, restoration, rehabilitation, and reconstruction. \1ajor reconstruction is not digible. 4 STATE RFSOlRCES AWARDED TO THE RE('jPIE'\T P,RS,'A'\T TO THIS AGREEME'\T CO'\SIST OF THE FOI.LOWl'.G: \IATCHl'\"G RESOLRCES FOR FEDERAL PROGRA\1S: '\ot Applicable, SIBJECT TO SECTIO'\ 2159". FLORJDA STAn'nS: :'-<ot Applicable, CO\IPUA'\CE REQClREME'\TS APPLICABLE TO STATE RESOlRCES AWARDED PCRSl'.I\:'-<T TO THIS AGREEME'\T ARE AS FOLLOWS: '\ot Applicable. The Grantee has read this Addendum to the Grant Award Agreement and has affixed their signature: MONROE COUNTY Signature of Authorized Official Typed Name and Title of Authorized Official vlONROE COLiNTY ATTORNEY ,\PLfROVED AS TQ, FOffM: (j;'....f(,.l-A.o f.., If;'...!.) '.--- YNTHIA L, HALL SSISTANT COUNTY ,'ITTORNEY "~te " ~. J-'i- )..Cc,7- ---,~ - 5 !: .~ Page I of2 ATTACHMENTC F0703 SPECIAL CONDITIONS OF CONTRACT REQUIRED BY HISTORIC PRESERVATION GRANT A WARD AGREEMENT Project Name: Tavernier Intensive Level Survev and Publication Historical Resources Grant-in-Aid No.: EQlli Parties: 111 c /2 I. 01'\"'0 e OJ" it L..Jo",..d o.f 2. G-,frr c.1\S'; lh:... ts. r I'\C. . LO~", tv eum..,;ss,'oYl"'-a(Owner) (Architect/C onsultant/C ontractor) These Special Conditions shall supplement and become part of the Agreement and shall supersede any conflicting provisions of said Agreement. 1. Equal Employment Opportunity Compliance 1.1 The Ar"hitect/Consultant/Contractor shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and Title I of the Americans with Disabilities Act of 1990 in that: No person in the United States shall on the grounds of race, creed, color, national origin, 'lex, age, political affiliation, beliefs, or disability be subject to discrimination under any progranl or activity which the Architect/Consultant/Contractor has agreed to undertake by and through the covenants and provisions set forth in this Agreement. Z. Acceuto Record. 2.1 The Architect/Consultant/Contractor shall keep and maintain financial, invoice, and employment records pertaining to the contractusl obligation between the Parties for pre-audit and post-audit purposes for a period of five years following the completion of all project work, or until all claims and audiit fmdings involving these records have been received, whichever is later. The Owner, the Florida Department of State, or any of their duly authorized representatives shall have access to any books, documents, papers and records of the Architect/Consultant/Contractor which are directly pertinenlt to this Agreement, for the purpose of making audit, examination, excerpts, and transcription. 3. Termlnlltion 3.1 Terminadon by Owner 3.1.1 The Owner may terminate this Agreement if the Architect/Consultant'Contractor: I. Persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; 2. Fails to make payment to Subcontractors for materials or labor in accordance with the respective contracts between the Architect'Consultant/Contractor and the Subcontractors; J. Persistently disregards laws, ordinances, or rules. regulations or orders of a public authority having jurisdiction; or . 4. Otherwise is guilty of substantial breach of a provision of the Agreement. f Page 2 of2 3.1.2 When any of the above reasons exist, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Architect/Consultant'Contractor and the AJrchitect/Consultant/Contractor's surety, if any, seven days written notice, terminate employment of the Architect/Consultant/Contractor and may, subject to any prior rights of the surety: I. Take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Architect/ConsultantContractor; 2. Accept assignment of subcontracts; 3. Finish the Work by whatever reasonable method the Owner may deem expedient. 3.1.3 TIle Architect/Consultant/Contractor will be compensated for any work satisfactorily completed in accordance with this Agreement prior to notification of termination. 3.2 Termination by the Architect/Consultant/Contractor 3.2.1 TIle Architect/Consultant/Contractor may terminate the Agreement if the Work is stopped for a period ofJO days through no act or fault of the Architect/Consultant/Contractor or a SUlbcontractor, Sub-subcontractor or other agents or employees or any other persons performing portions of the Work under agreement with the Architect/Consultant/Contractor, for any of the folllowing reasons: I. Issuance of an order of a court or other public authority having jurisdiction; 2. An act ofgovemment such as a declaration ofoational emergency, making material unavailable; 3. Because the Architect has not issued a Certificate for Payment and has not notified the Architect/Consultant/Contractor of the reason for withholding such certification, or because the Owner has not made payment on a Certification of Payment within the time stated in the Agreement; 4. If repeated suspensions, delays or interruptions by the Owner constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less; or 5. The Owner has failed to furnish to the Architect/Consultant/Contractor promptly, upon the Architect/Consultant/Contractor's request, reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Agreement. mcTY\("tl ~ CoLi II-fy t3oC<l'd of C1uV1.ty C<rn1..,;.sS I'll "'........s Owner 1100 ~"""cM.~..st-. J-{-e..u We..s t-r ~ L- ~ J'Vlr:\ CAr Ccm..sv tta.-fs ,I'IC. Architect' Consultant / Contractor 38'S- E. r-VcA-cyfnMf'Dr. Address l-hsvn -eS 'I-e-<=<- J J S l 2-0 By ChCLr ks Date 1- I C:Cr Date '-r( 0 ", !; Attachment D Applies to Survey Projects Only HISTORICAL SURVEY REPORT CHECKLIST Grent fie.' PrCJect N3me: The following Topics are excerpts from Chapter 1A.46, Florida Administrative Code " For form3t Gnd In/out recommendaticns ple<Jse refer to "OrganizatlcnJI Rt!qu/mmer;ts fer the Or:Jft dnd Fin:]1 RGpcrf' document. The general description 0" the project shall address ,:) Pr'-::Ject ICC31lon jnclu.JinCl tcundary fTlap) :l PrcJet::t deso:npicn .J Purpcs€ .:;f prcjcct .J pr-r1Ir,ent fe,jeral :::tate, ~r Iceal 'a'NS and regul<:lticns Archival research shall address :l P,lS! 'ield sun..eys In the j:'r':)Ject area and the rele',,]nce of the mojor firdings to the area currentl, mder study .J Pertinent ,jala In the Flor,da Master Site File .:I Pertinent data in other studies apprq:r;ate for the research j:fotlem :J Pertinent histcrical data from records SUGh as ~Iat maps, tract tooks, subdi',ision m<J[;s, Sanborn m3(:'S, city directsnes, buil1jw,g perrnts dnd architectural pL:ms .:J Pertinent Information from informants, which shall include the Certified Local Government withinllhose boundaries the prcject lies (,'f iJpp/lr:atie) .:J Chronologically arranged narrath..e of the history of the project area and of the significant historical events or de'.ctopments \includir:g importLlnt Indi"lduals and institutions) which are necessary to place sites and propertIes in historic contexlS .....ithin the prejeet area The description of the res.earch design shall address :J Objecti',es :J Methods J Expected results The description of historlc:al fieldwork activities shall address U Boundaries of the area investigated :.J Fieldwork methodology and the rationale for its selection a Types of resources identified and evaluated :J List of aU historical reSClurces within !he survey area, including the Flcrida Master Site File number, .....ith all identified resour~es plotted on a U S Geological Sur'E~y (1 :24,000) 7 5 minute series topographic quadrangle map u Descriptions for all identified resources ':J Photographs or illustralions representative of resources located in the project area u Information on any portions of the project area which were not investigated and a statement explaining the reason why imestlgation did nct occur :J Explanation about thos,e portions of the project area that were examined but that did not contain historical, architectural, engineering, or cultural resources The description of the resLllts and conclusions of the historical, architectural, engineering or cultural resource investigations shall address :J Findings in relation to the stated objectives a Assessment of the inte~~rity of evaluated sites I:J Methods used to apply National Register criteria (A,B,C, and 0) for a determination of eligibility and historic context as ccntained in 36 CF R 60 I:J Description of the constituent elements that constitute the complete prcperty (e,g. outbuildings, landscape features, ~tc) Nhich is determined eligible for listing in thE! National Register [J National Register property boundaries depicted on a scaled site plan sketch a Ccnclusions and analysis of the findings u Discussion of the manner in which the resources contribute to an understanding of local, regional, state, or national histor; and,er architectural hister; ~ Recommendations regalrding the treatment of the resourcets} including but not limited to preser.'ation cr avcidance, minimization or mitigaticn cf potential impacts, 01' no action :J Discussion cf the scope and com~leteness of the project efforts and the need far any additional identification, evalu.:ltion sr documentation <;ffcrts .:.J Location of all cur3ted project reccrds and locatien of aU project records (eg phctcgraphs, eral interviews, etc.) CJ 8'blicgraph~ d these sources used All historical fieldwork repcH1s shall include the following, either as part of the report or as accompanying documents: .:.J F~,'SF Sur,ey Log Shef.:ts, cQr-:"lr;ieted in aceer,ianee II'ith tl"',e -Guide to the Sur,,-ej Lcg Sheet" ^"th prcj'ect bc:...n.JJrics ,jer.:,':telj ,:.n :In 31t3C~Ed criglnal or photocopy ~ortian cf a U.S. Geo!cgical Sur,ey (1.24,CCO) 7.5 minute series tcpcgrar.:hic quadr,:lrgle mJp .:.J FMSF historjcaJ structufl~ ferms, completed ,:n acccr.jance 'hith the "Guide to tt:e Historical Structure F]rm, 'iers!cn 3.0" :J Fr.1SF historical tridge ferms, completed in iJcccr,jance Alth tre 'Gu:de te the Hlstorlc.]1 Sr:dge Fcrm' :J FI\ISF hlstcrical cemetery fcrn~s, cempleted in ,Jccor,:1.:mcelllth the 'GUide t'J tt",e HI~tcr:c<Jj CemEtery Form' ..J Ccmpieted FMSF reseurce jrcup ferms .J Cri']:r3J i~r r:h,0tCCCpy pcrticn ,~f JUS Geclcgic.J1 Surle'j 11:24,CGC) 75 mlrlJte series tcpcgr.J1=hic qUJrJr31i']:e ~,J~~ fr:r:::lI,i(.~',~:ed '.I~('S ::rc'/\lwg s.te ICCJI,c...:ns . . . . RETURN COMPLETED FORM WITH DRAFT REPORT. . . . Pe~crt ~u(hcr: C31e' ,~ Organizational Requirements for the Draft and Final Report (A summar) based 00 the L\-46 Checklist) A/I reports should be proofread by someone other than the author prior to submission. All reports must include the followln!! in the order listed: Title Page: name of project, name of author, name of consulting agenc)', date of report Table of Contents Page List of Figun~s Page: Indicate the title of each figure and its page number List of Table!. Page: Indicate the title of each table and its page number Acknowledgf'ments Page: Include the following language from Attachment A regarding funding of projects from state grants. (See Attachment A for funding acknowledgment for federal grants.) Other acknowledgements may be included as is appropriate. This project has been financed in part with historic preservation grant assistance provided by the Bureau of Historic Preser-atian, DiviSIOn of Histori(;al Resources, Florida Department of State, assisted by the Florida Historical Conunission. Introduction: Include description of the project; origin and purpose of the project; location oflhe survey area; reference any pertinent federal, state or local laws and permits. Include map of the survey area. Summary of Background Research: Include past surveys, information from the Florida Master Site File, environmental data, historical data from maps, archival research, interviews Narrative Hi!ltory: Include events, people, institutions, and organizations in the survey area for historic context. Provide citations for statements that are not general knowledge. Research Design: Describe objectives, methods, expected results. Include plans for unexpected finds (such as Human Remains in archaeological projects) Discussion of the Project Work: Summarize the progress of the field work as it developed. Illustrate with photogralPhs, maps and drawings as needed. Conclusions IlRd Recommendations: Discuss the results of the project work. The significance of resources should be identified according to National Register criteria. Describe current conditions. Any future work that may be needed should be described. Bibliography or References Cited: Include title, author. publisher, publication place. publication date for all references used in the text or in preparation of the report. The follow!"!! Items are reQuired but should be placed In the report where appropriate: List of Previously Recorded Sites or Buildings with Site File numbers List of :\ewly Recorded Sites or Buildings with Site File numbers :\-Iaps: :Vlust show clearly delineated survey areas and boundaries. All maps must have a title. a north arrow and a page number. They must be included in the List of Figures with page number. Photographs: Images must be originals or scans, not photocopies. They must be labeled, and F\ISF numbers, if assigned, should be included in identifications. The Final Survey Report should be submitted in a binding of your dlOice. ',:, . ~;i ca.oJ>TER lA-46 ARCa.lJ:OLOGICAL A..'\"D mSTORlCAL REPORT STAJ\"DARDS .,um GFIDELD,ES lA-46.001 lA-46.002 lA-46.003 lA-46.004 :A-46.005 1 A-46.006 1 A-46.oo7 Standards and Guidelines for Reports. Definitllons. (Repealed) CriteniL for Reports of Identification, Evaluation, and Documentation Activities. (Repealed) Criteri" for Qualifications of luchaeologists. (Repealed) Report Re\iew Procedures. (Repealed) T echnl:ol Assistance. (Repealed) Disput" Resolution. (Repealed) lA-46.001 Stand lord, and Guidelines for Reports. (1) Purpose. This rule specifies criteria by which the Dhision of Historical Resources (Di\ision) will review reports of cultural resource acti\ities on federally assisted, licensed or permitted projects; on projects on state owned or controlled property or state assisted, licensed, or permitted projects; and on local projects for which the Division has re\iew authority. (2) Definitions. 111e following words and terms shall have the meanings indicated: (a) "Agency" or" Applicant" means any unit offederal, state, county, municipal or other local government; any corporation, partnership or other organization, public Of private, whether or not for profit; or any individual or representative of any of the foregoing proposing undertakings. (b) "Archaeological fieldwork" means actions undertaken for the purpose of recovering data about or from an archaeological site in order to evaluate and determine National Register eligibility; or to document through archaeological excavation the archaeological site prior to proposed alteration, damage or destruction. (c) .. Archaeologic:al site" means the complex of associated physical remains and features contained in the ground that evidence past use or modificati'on by people. (d)" Area of potential effect" means the geographic area or areas within which an undertaking may directly or indirectly cause changes in character ()r use ofbistoric resources, if any such properties exist. (e) "Certified Lo<:al Government" means a local government that has been certified to meet Federal and State standards, as set forth in the "Florida Certified Lo<:al Government Guidelines" (Form HRJE03204-02) herein incorporated by reference, and can participate in the natkmwide program of financial and technical assistance to preserve properties. (1) "Completenes:s" means the inclusion in the report ofarchaeologica1 and historical activities of all applicable sections of the prescribed content, but does not mean that said sections are sufficient in comprehensiveness of data or in quality of information provided. (g) "Days" moorlS calendar days. (b) .. Determination of eligibility" means the process of determining whether identified historical resources are deemed significant using the "ritoria for significance established by the National Park Service, U.S. Department of the Interior for the National Register of Historic Places. (i) "Federal undertaking" means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction ofa federal agency, including those carried out with federaJ assistance; those requiring a federal permit, license or approval; and those subject to state or local regulation administered pursuant to a delegation or approval by a federal agency. (j) "Florida Master Site File" or "FMSF" means the record of identified historical resources maintained by the Di\ision. (k) ''Historical fieldwork" means actions undertaken for the purpose of recovering data about or from a building(s) or structure(s) to evaluate and determine eligibility; or to document using the Historic American Buildings Survey (HAllS) or Historic Engineering Record (HAER) standards and guidelines prior to proposed alteration or destruction. (1) ''Historical resoLlrcc" mean3 a building, structure, site, object or collection thereof (a prehistoric or historic district) which is generally at least fifty years old of historical, architectural, or archaeological value. (m) "Historic context"' means the organizational format tbat groups information about related historical resources based on thenle, geographical limits and chronological period. A single historic context describes one or more aspects of the historic deyelopment of an area, considering history, architecture, archaeology, engineering and culture, and identifies significant patterns that individual histolical resources represent A set of historic contexts is a comprehensive summary of all aspects of the history of an area. (n) "Local unde11aking" means a project, acti\ity or program subject to the pro\isions ofalocal ordinance or regulation for which the Division bas review authority. (0) "1'ational R<:gister" means the 1\ational Register of Histonc Places, the list of historical resources significant in American history. architecture, archaeology, engineering and culture and authorized by the :-'-ational Historic Preservation Act of 1966 as amended and admin::stered by the 1:.S. Department of the Interior, National Park SeMce. (p) "PrincipallIlvestigator" means the person or persons responsible for supervising archaeological fieldwork and historical fieldwork. (q) "State undertaking" means a project, activiry or program in which a state agency ofthe executive branch has direct or indirect junsdiction; those in which a state agency provides financial assistance to a project or entity; and those in WhlCh a state agency is involved through the issuance ,)f state permits or licenses. ',r) "Sufficiency" means determining wbether the report meets the Secretary of the Interior's Standards and Guidelines for Archeology and Histodc Preservation 'published in tbe Federal Register, Vol. 48, No. 190, pp. 447 16-44~ 40, September 29, 1983), herein incorporated by reference, with respect to ldenttfication, evaluation and documentation. (3) Reports. Reports of the results of archaeological fieldwork and bistorical fieldwork activities shall include tbe topics in (a)- b) below in sufficient detail for the Division to review for completeness and sufficiency. For projects of limited scope, topics tbat are not applicable may be omitted wben a justification for this decision is provided. In addition, all reports shall be consistent ",th and meet the terms of the standards and guidelines for identification, evaluation and documentation contained in the "Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation." This section shall apply to federal, state and local undertakings. Principal investigators sball meet the minimum qualifications for archaeology, history, architecture, architectural bistory, or historic architecture contained in 36 C.F.R. 61 ("Procedures for Approved State and Local Historic Preservation Programs, Appendix A, Professional Qualifications Standards"), herein incorporated by reference, effective 10-97- (a) General Description. The description of the project shall address the project location (including boundary map) and description; lbe purpose of project; the area of potential effect; and the pertinent federal, state or local laws and regulatinns. (b) Archival Researcb. Archival research shaH address past field surveys in the project area and the relevance of the major findings to the area currently under study; pertinent data in the Florida Master Site File; pertinent environmental and paleoenvironmental ,hta; pertinent data in other studies appropriate for the research problem; pertinent historical data from records such as plat maps, tract books, subdivision maps, Sanborn maps, city directorics, building permits and architectural plans; and pertinent information from infnrmants, which shall include the Certified Local Government within whose boundaries the project lies. Research results shaH be presented in a chronologically arranged narrative of the prehistory and bistory of the project area and of the significant histl)rical events or developments (including important individuals and institutions) which are necessary to place sites and properties iIll historic contexts within the project area. (c) Research Design. The description of the research design shall address the objectives; methods; expected results; and procedures to deal wi'th unexpected discoveries including the discovery afhuman remains in accordance with Chapter 872.05, Florida Statutes. ld) Archaeological Fieldwork. The description of archaeological fieldwork activities shall address the types of sites encountered and evaluated; the boundaries of the area investigated; fieldwork methodology and tbe rationale for its selection; the location of all tests and excavations, inctuding maps depicting testing locations and results, site components, integrity of sites and subareas within the slltes; information on the location and appearance of features and artifacts, as welJ as the integrity and boundaries afsites and site components; information on any portions of the project area and any portions of identified sites which were not investigated and a statement explaining the reason why investigation did not occur; photographs of each site; photographs and illustrations representati ve of site subareas or features, or formal excavation units; identification of portions of the project area that were examined but that did not contain archaeologicaJ remains; speciaJ survey techniques; and information on changes in research design or methodology. Special survey techniques may be necessary to search for certain subsurface or underwater archaeological sites. The description of special survey techniques shall address the following topics: equipment, field methodologies, areas surveyed and not surveyed, a record of tbe nature and location of all potential historical resources identified and a description of any potential historical resources investigated by examination to determine their nature. Underwater archaeological surveys shall be conducted in accordance with the "Florida Division of Historical Resources Performance Standards for Submerged Ren10te Sensing Surveys" (Form HR6E06304-02), herein incorporated by reference. (e) Historical Fil:ldwork. The description of historical fieldwork activities shan address the boundaries ofthe area investigated; fieldwork methodology and the rationale for its selection; tbe types of resources identified and evaluated; a list of all historical resources within the survey area, including the Florida Master Site File number, with all identified resources plotted on a u.S. Geological Survey (I :24,000) 7.5 minute series topographic quadrangle map; descriptions for all identified resources; photographs or illustrations repre:;entative of resources located in the project area; information 00 any portions of the project area which were not investigated and a statement explaining the reason 'Nhy investigation did not occur; and an explanation about those portions of the project area that were examined but that did not contain historical, architectural, engineering or cultural resources. (0 Archaeologic:al Results and Conclusions. The description of the results and conclusions of the archaeological resource investigations shall address laboratory methods used to analyze artifacts and other site materials recovered during the archaeological inves'tigations in the project area; the curation location of artifacts and project records; findings in relation to the stated objectives of the investigations: an assessment of site integrity; methods used to apply National Register criteria for a determination of eligibility and historic context as contained in 36 C.F.R. 60 ("National Register of HIStoric Places"), herein incorporated by reference; a discussion of completeness -:lfproject efforts and the need for any additional identification, evaluation or documentation eflbrts; conclusions and analysis of the findings, including a discussion on how the findings contribute to an u:1derstanding oftbe historic work or treatment of the site; and a bibliograpby of those sources utilized. (g) Histori.:al R~:sults and Conclusions. The description of the results and conclusions oftbe historical, architectural, engineering or ::ultural resource investigations shall address findings in relation to tbe stated objectives; an assessment of the integrity of evaluated sites; methods used to apply :\ational Register criteria for a determinatbn of eligibility and historic context; a description of the constituent elements that constitute the complete pro?erty (e.g. outbuildings, :andscape features, etc.), v.:hich is determined eligible for hsting in the ~ational Register; the ~ational Register property boundarIes depicted on a scaled SIte ?lan 2 skl:tch; conclusions and analysis of the findings: a discussion oftbe manDer in which the resources contribute to an understanding of local, regional, state:, or national history and or architectural history; recommendations regarding the treatment of the resource!s) including but not limited to preservation or avoidance, minimization or mitigation of potential impacts, or no action; a discussion of the scope and completeness of the project efforts and the need for any additional identification, evaluation or documentation efforts; the location of all curated project records and location of all project records ie.g. photographs, oral inteC',ews, etc.); and a bibliography of those sources used. (h) F10rida Master Site File (FMSF) Requirements. Reports of archaeological fieldwork and historical fieldwork activities ",11 be deemed incomplete: if the)' do not contain FMSF survey log sheets for each report and site forms for each site identified, evaluated or documented. All archaeological fieldwork and historical fieldwork reports shaB include the following, either as part of tbe report or as accompanying documents: I. FMSF Survey Log Sheets (Form HR6E06610-97, effective 9-1-97), completed in accordance with the "Guide te the Survey Log Sheet" (Form HR6EOS904-02), with project boundaries depicted on an attached original or photocopy portion of a e.s. Geological Survey (I :24, 000) 7.S minute series topographic quadrangle map. 2. FMSF archaeological site forms (Form HR6E06401-97, effective 3-1-97), completed in accordance with the "Guide to the Archaeological Site Form, Version 2.2 (Form HR 6EOS804-02), as appropriate. 3. FMSF historical structure forms (Form HR6E06308-96, effective 11-1-96), completed in accordance "ith the" Guide to the Historical Structure Form, Version 3.0" (Form HR6E06004-02), as appropriate. 4. FMSF historical bridge forms (Form HR6E06S I 0-97, effective] 0-1-97), completed in accordance with the" Guide to the Historical Bridge Form (Form HR6E06104-02), as appropriate. 5. FMSF historical cemetery forms (Form HR6E04806-92, effective 8-1-98), completed in accordance with the" Guide to the Historical Cemetery Form" (D HR6E0620402), as appropriate. 6. Completed FMSF shipwreck forms (Form HR6EOS006-92, effective 7-1-92), as appropriate. 7. Completed FMSF archaeological short form (Form HR6E04906-92, effective 12-1-95), as appropriate. 8. Completed FMSF resource group forms (Form HR6E057 I 1-01, effective 7-1-00), as appropriate. 9. An original or photocopy portion of U.S. Geological Survey (I :24,000) 7.5 minute series topographic quadrangle maps for all identified sites showing site locations. These fonns are herein incorporated by reference and are available by Miting the Division at R. A. Gny Building, SOO South Bronough Street, Tallahassee, Florida 32399-02S0. These forms may also be obtained from the Division's website at www.flheritage.com. (4) Review Procedures. The following procedures shall be followed in the review of archaeological fieldwork and historical fieldwork reports: (a) Reports and ;lccompanying documentation shall be submitted to the Bureau of Historic Preservation at the Division. (b) The Division shall notify the agency or applicant in writing within fifteen days of receipt ofa review request, of any additional information required. (c) Upon its detc:rmination that the report is complete, the Division shall complete its review of the report for sufficiency based on the criteria specified in subsection lA-46.ool (3), F.A.C., within thirty (30) days. (d) The Divisio", shall notify the agency or applicant of its decision as to whether the report meets the requirements of this rule with respect to completeness and sufficiency, and shall include a statement of the reason for determining a report to be incomplete or insufficient. Specific Authority 267031(1) FS Law Implemented 267 031 FS History-New 6-10-92. Amended 7_21_96. 8-21-02. 3 '\ ;/ A TT ACH.\IE~T D HISTORIC PRESERVA TIO~ GR.A.~T-~-AID PROJECTS REQURED FLORIDA ~IASTER SITE FILE DOCC~[E~TATION FOR SCR\TY PROJECTS Historical and archaeological survey projects funded with Historic PreserYation Grants-in-Aid assistance require the submission of a Final Survey Report, Survey Log Sheet with CSGS Map of project area, and Florida ~laster Site File (FMSF) forms with required attachments. This detailed historical information will be kept in the FMSF for use by state and local agencies, historians and others, including the general public. For all projects, each cultural resource (archaeological site, historical structure, cemetery, etc.) must be recorded on a Florida Master Site File form, with the following required attachments: 1. USGS Map with cultural resource plotted in red (if using GIS to map resources, the FMSF encourages you to send the data as this will expedite the digitizing process) 2. A stret:! map (for structures, plotted in red) or detailed site plan (for archaeological sites) 3. Photos meeting the standards outlined in the Photographic Documentation Policy of the FMSF For all but the smallest survey projects (those documenting a total of 10 or fewer cultural resources), the Division of Historical Resources requires the use of SmartForm J/, available for download at the FMSF website: http:/:www.flheritage.com/preservation/sitefile! . For projects with a total of 10 or fewer cultural resources, paper forms may be used. These forms, as well as guidelines for packaging documents, the Photographic Documentation Policy, and a form requesting assignment and confirmation of FMSF numbers, are also available on the FMSF website. All completed documents, the Final Report, Survey Log Sheet, and FMSF Forms and attachments, are to be sent to l:he Grants and Education Section as final products of the grant project. After a review for completeness and sufficiency, the Grants and Education Section will forward them to the FMSF. Please note that requirements for the FMSF differ from the requirements for submission to the National Register of Historic Places (NRHP). For NRHP requirements, please contact the Survey & Registration section of the Bureau of Historic Preservation at 850-245-6333. Documents for FMSF Submission Contact information for the Florida \(aster Site File Florida \Iaster Site File Division of Historical Resources R. A. Gray Building 500 South Bronough Street Tallahassee, FlOrida 32399-0250 o Final Report with printed Survey Log sheet and USGS Map of Pro~ect Area o Disk with Smartform Il.mdb database(s) including Survey Log Sheet and FMSF forms o Paper printouts of the FMSF forms CJ l'SGS Maps (and GIS data, if available) :J Street :'vlap or Site Plan :J Photos meeting FMSF standards of documentation Telephone: (850) 245 6440 State SunCom: (850) 205-6440 Fax Line: 1850) 245-6439 A COPY OF THIS PACKAGE SHOl:LD BE GIVE:'\' TO THE CO:-;Sl-LL\;'IiT CO:\Dl:CTI:\G THE Sl:RVEY How To Package Documents Florida V1aster Site File Bureau of Historic Preservation Division of Historical Resources Florida Department of State 2007 Florida 'vlaster Site Ftle Dinsion of Historical Resources R. A. Gray BUlldmg 500 South Bronough Street Tallahassee, FlOrida 32399-0250 Telephone: 850-245-6440 State SunCom: 205-6440 Fax line: 850-245-6439 Ematl: si/~tilela, doss/a/efl.us \\"ebsite: WWl1'. Iwritll e.com.,' rest'n'dti(,/l. site lilt:. ,,:.:: i-j"...r ,f':J.;;L"'l'.:[X'~'~:-Th.:r.~S~I.;';' Ll(l(; (1- 31.' j- ~ 32 P'v1 .10\.1.<-\' Pa':h.agt ~)DC:.JITIl'J1l~ ~l ,. '. Pagt' 2 Role of this Document This document explains how to package the documents produced by archaeological and historical survey projects in order to send them to the Florida Master Site File (FMSFl. Project Documents Expected by the FMSF Survey-Related Items For all survey projects, include the following survey-related items: . completed Checklist for Survey Documents (see below); . the survey report . the FMSF Survey Log Sheet . a set of I :24,000 USGS map sheets plotting the area surveyed · ifrecording forms, the FSMF paper form or the SmartForm II data printout, with required map attachments (USGS and street map or site plan) and photographs (see FMSF Photo Documentation Policy for more information on photo requirements) For survey projects using electronic forms, survey-related items will also include: . a set of cds with SmartForm II files in .mdb format (photos and the GIS plots of the resources if the maps are derived from GIS) . a completed paper SmartForm Submission Form Requirements for FMSF Materials All materials should be numbered appropriately with the I'M SF number and field date of the c0rresponding property and ~hould be grouped by file number using plastic or coated paperclips or file folders (this is optional as the FMSF will replace folders with acid-free folders). The file order should correspond to the inventory of recorded resources within the survey (by FMSF #, with "Updates" separated from "Originals"). For pmjects using electronic forms, discs must be clearly labeled with project and disc number (for example, Sunny Road Project. Disk 2 of 3), survey organization (e.g., FastPast of Florida. Inc.]i, and field date. Group discs for the same project together. Each numbered disc must correspond to the appropriate Disk Submission Form. " , Hu.... ''-, Pa~L.lgr: D()cum~nl~ Pagt: J Packaging Items Relating to Individual Historic Properties . For the individual historic property, bundle items appropriately as described above. For example. bundle FMSF form, marked USGS and large scale maps, labeled photograph (or paper pnnt-out of photograph if submitting digital photos), and other materials together in order of the inventory. Ensure that each sheet is labeled with the file number and the field date. . Organize and label files appropriately: segregate archaeology forms from structure forms, and "Original" forms (those not previously entered on the FMSF) from "Cpdate" forms (relating to historic properties already listed). Within their stacks or boxes, arrange in order of FMSF file number. Label the stacks or boxes appropriately, as to project, type of historic property, range ofFMSF numbers, and original or update. . When transmitting project results. especially if your product passes through other hands before reaching the FMSF, please ensure that the FMSF receives a comprehensive and good quality set of documents. We request that the authors of forms and reports, assemble a complet(~ "extra" package of all results, whether sent through the client or directly to the FMSF, rather than relying on the client to faithfully duplicate all materials. . For Compliance projects, transmit only one copy of all documentation to the Compliance Review Section in Tallahassee. \\Then their review process is completed, they will pass all materials on to the FMSF. . For pro}ects funded by the State of Florida's Historic Preservation Grant In-Aid Program, follow instructions in your paperwork, as confirmed by your grant administrator (Grants and Education Section, Division of Historic Resources, 850-245-6333). While more than one copy of the survey report are required, only one complete set of historic property forms is needed. Transmit all products to that office. After a brief review, they will pass on the FMSF part of the package. . Using the Checklist for Survey Documents (next page), double check that items required by the FMSF for a completed survey package are all there. Include a copy of the checklist to be sent to the FMSF. · If FMSF numbers were assigned to you but not used for the project, please notify us of their return ill writing (numbers are only "on loan" for your specific project and may not be used for an)thing different without the concurrence of the Site File). · If you wish to include unusual, fragile, or oversized (larger than 8.5 by I Ii items in your documentation package, please consult with staff of the FMSF before putting the survey package together. ~hl" 'T (\ Package Document." l.>agc 4 Checklist for Survey Documents The following items are expected as part of a documentation package for survey projects recorded at the Flonda Masler Site File. Use the sublists, according to the resource recorded (site or structure) and recordmg medium (SmanForm or paper). Combinanons of his tonca I and archaeological suryeys must have all elements listed belo\\, grouped appropriately. .More informatIOn on requirements may be found in various handouts of the F\ISF. Surveys ['sing Electronic Forms--SmartForms Archaeologiical Survey One Per Sun'e)': o This Form o Survey Report o Survey Log Sheet of the BfSF o Survey Plot on 7.5' USGS Maps (Photocopies) o Set of discs with SmartF OffilS, Photos, GIS Plots o Disk Submission Form(s}, At Least One Per Disc One Per RE~source: o Site Boundary Map, l'SGS 7.5' o Site Plan, Large Scale o Amfact Summary (encouraged) Historical Survey One Per Survey: o This Form o Survey Report o Survey Log Sheer of the FMSF o Survey Plot on 7,5' LSGS Maps (Photocopies) o Set of discs ",ith SmartFoffilS, Photos, GIS o Disk Submission Form(s), At Least One Per Disc One Per Resource: o Location Plot, USGS 7.5' o Large Scale Street Map o Photograph (paper if submitting dig., required) Surveys Using Paper Forms Archaeological Survey One Per Sun ey: o fhis Form o Survey Report o Survey Log Sheer of the FMSF o Survey Plot on 7.5' USGS Maps (Photocopies) One Per Re.!iiource: o Paper Site Form o Site Plan, Large Scale o Site Boundary \fap, VSGS 7.5' o Artifact Sununary (encouraged) o Optional Paper Supplements Historical Survey One Per Survey: o This Form o Survey Report o Suney Log Sheet of the FMSF o Survey Plot on 7.5' USGS Maps (Photocopies) One Per Resource: o Paper Site Form o Location Plot, USGS 7.5' o Large Scale Street Map o Photograph (paper lfsubmitting dIg., required) o Optional Paper Supplements i The Flonda \faster Site File furnishes copies of manuals free of charge. You may reach the Site File using the following information: Florida \faster Site File Telephone: 850-245-6440 Oi,'ision of Historical Resources State SunCom: 205-6440 R. A. Gray BUIlding Fax line: 850-245-6439 SOO South Bronough Street Email: sitefile@:dos.slatejl.us Tallahassee, Florida 3~3Q9-02~O \Veb site: \.\'\\'\\ flherituge.com/prest.'11'atz'on 'sllefi/c C.",,", Florida =Master 'I. Site...2.~ ~ File~ Photographic Documentation Policy Effective January 1, 2007 The Florida Master Site File requires photographic documentation of resources as a component of a completed Historical Structure Form, Historical Bridge Form, Historical Cemetery Form or Resource Group Form. Photographs may be submitted as a digital image file OR as an archival Black and White photographic print. In either case the overall quality of the image (resolution, exposure, texture, focus, etc.) sholuld be sufficient to display architectural details, where applicable. Such details include but are not limited to: ornamentation, window types, masonry patterns and materials, and distinctive roof materials. If Submitting Digital Image Files... The image files must be submitted on disk or CD and as a hard copy printout on plain paper (photo paper or archival processing Is not required). The image files should include the site number as part of the file name and must adhere to the following specifications*: Siize/Resolution: 1600 x 1200 pixels at 300 ppi (pixels per inch) or larger. This works out to approximately 2 mega pixels. Color Format: RGB color saved at a-bit (or larger) per channel format. This results in a 24-bit color image (a-bits each for the Red, Green and Blue channels). File Format: JPEG or uncompressed TIFF files are acceptable. Note that there are different levels of JPEG compression and that low or medium compression should be used when saving files in JPEG format. High JPEG compression may result in unacceptable image quality. -Note: 24.bit color JPEG images are the default Image format for most digital cameras. Image resolution and comprE!ssion are' usually adjustable and should be checked prior to capturing images for submission to the Site FlIE~. As of the date of this document most cell phone cameras do not meet the minimum requirements for submission, If Submitting Archival Black and White Photographic Prints... The Site File requires a glossy Black and White photographic print produced by photographic chemistry on a quality Black and White photographic paper. Color photographic paper is not acceptable because it does not meet the stability requirements for archival storage. Paper rated for at least a 50-year life is acceptable. The print must be large enough, at least 3"x5", to show detail without magnification and to show further detail under low magnification. The phcto speciFI.:atiJrs used :'1 :he S:te File a:-e cased 'In th~ ~l'Jre strir,.;ent pho~Qgraphjc standards established f,x p'lot':s by the nati'Jr.al R,egister::f HistJric P:ac~s. T~e ~JRHP photcg;-aplic stai1dar.js P0il'=r '"1";3/ ce F0.Jnd ~t :.,~ ~,~rCWirJ IC':2tic"": ':':~;;.'~N'''''Iv,::_ ~~ec2...-~~i.E__:~~-.:.::.L~;~'l~<;J.:':-,-'-":,,,:-_-:: Page 1 """~~"<r"'~~.~".~~ En-i-" - tpMSF1d11I~l:<<I!"'+,c!l _..~~......'"" ~.~""",.."~.,, .~ ." Survey log Sheet Florida Master Site File Veroion 2.0 9197 ":-" 7 _ ,: _~ -,t~ .~ ....'~:,....".,~ ~-ri...=:~ ,... ::1'-';"';'~ ~~r!aiii~fl;;Jytf~;:'t,~~ '. -'~I.\lN:o....' -.,' "'., , . LL Consult Guide tD the Survey LDg Sheet for detailed instructions. Survey Project IName IInd project phasel Report Title lexactly as on title pagel Report Authorls) las on title page- individual or ,orporate; last names firstl Pubiication Date Iyearl Total Number of Pages in Report ICounl text, figures, tables, not site forms) Publication Information lIf relevant, series and no. in series, publisher, and city. For article Dr chapter, dte page numbers. Use the style of American Antiqufty see Guide to the Survey Log Sheet.) Supervisorlsl of Fieldwork (whether or not the same as authorlsl: last name first) Affiliation of Fieldworkers lorganization, cily) Key Words/Phrases Ulan', use the county, or COTTVTlon words like archaeology. structure, SWyer, architecture. Put the most important first. limit each word or phrase to 25 characters.) Survey Sponsors (corporation, government unit, or person who is directly paying for fieldwork) Name Address/Phc",e Recorder of log She/It Is this surveyor projl3ct a continuation of a previous project? 0 No 0 Yes: Date lfflheet Comaleted I I .. ""-.,..-.,,.-''?".~:' ...~, .,_.;II::....._.;$tiT.-". f .,..- _,.~...;-'",:o.--~".'~"'_~ rie'(iDiis~sUriel J'l'J~lfMSE ~klll/,,\\'>"li~:tU~i~~:;~ - -- - - - -- - - - - -- - - . . - - - - Counties (list each Onl! in which field survey was done. do not abbreviate; use supplement sheet if ne~essary) USGS 1 :24,DDD Mapls}: Map NamelDate of Latest Revision Ius. supplement she.t if necesmyl: - - - - . Lr . I' ,r ' k,-r Dates for Fieldwork: 5:a1_,_I_ End__I_ N"mber of Distinct Tracts or Areas Surveyed If : orridor lfil'" on. '0' eachl: Widtr metees Total Area Surveyed (of '" onel hecta'es acres feet le,gth kilometers l1iles HRSED6S' (I 9i Florid. Master Siu Fil!, Divis-ioll o! His:toriear Resourees, Gny Building, SOt SnU1r BnnougtJ Street, hllabes:s:ee, Florid.12J2g.D25t t1hM~ BSD.245-644D.Sun/:"om 205-6440, FAX !l5D-245.64]2, Email fms:file@dlls:.rtilte.f1.us:, Wd http://wWIN.on.lltate..fLusidh";'msf' l:msfllDgsnl!tx.dDC El7'lJ7/CJ ~:Eli PM Page 2 Survey log Sheet of the Florida Master Site File Types of Survey Ichocl, ah that ap~vl: Q archaeological :::l architectural ::l hi'torical:archival :::l underwater :J other. Preliminary Methods 1./ Check", many a, apply to the project"' a whole. If needed write others a: bottom:. ::l '1orid. Mchivas IGrlV BuildInG} :J library reS!ITt:n- lOCI,' pubUc :J lo:al p,op!TtV QI' tll reco,ds :1 Rarid. Photli An:nivts lGray Buildingl :l iib.ary-spe:iil collection. non/ocaf :J n!Wspaper files :J FMSF site I1TDpeny S!lrch :J pubrlt lands Survey Imaps it 'JEPl :J fttel1iturE sel,eh ::l ~MSF survey search :J lOCI' informant!sl 0 SanboTr: Insurance map,s :::l other lde.scribel :J windshieH:l :J aen.: ohotography Archaeological Methllds (Describe the proportion at propertie, at which method was used by writing in the corresponding letter. Blank, are interpreted " "None:: FI.ew: 0.20\\1, Sl.orne: 20.50'.1: MI.ast 50.90'111; or AI.II, Nearly all: 90.100'111. If needed write others at bottom. :J Cneck here if NO 8n::haeological methods were used. surfaUl collection, controlled Dther screen shovel test (size:: _I block excavation lat least 2x: Ml su1ace coOection. !!!!.[:ontrolled water screen lfine!:t size: _I so~ reSistivity shoyel test-114"screen _ posthole lests magnetometer :;hov~ teJt-1/8" screel' _ auger lsize:_l side scan sonar shoyel1est 1i16'"scre!~n coring unknown shoyel test.unscreened lesl excavation lat least 112 M) other ldescribel: HistoricallArchitectmal Methods (Describe Ihe proportion of properties at which method was u,ed by writing in Ihe corresponding letter. interpreted as ..None...) FI ew: 0.20'111, SI.ome: 20.50%i: M(."\: 50.90%1; or Alii, Nearly all: 90.' 00'111. If needed write others at bottom. o Check here if NO historicallarchilectural methods were used. ~ building permits _ demolition permits _ commercial permits _ exposed ground inspected interior documentation local property records other ldescribel: Blanks are neighbor Interview occupant interview _occupatioltpermits subdivisioltmaps lax records unknowlt S cop e/l ntensity /P rocedures --- - - ~ - ------ -~-------- - - ------------- _' -::i~~ 4' -.:_..~.--.~__ -.:.___~~_~____-_.~_. _ -.--~ -- - Site Significance Evaluated? DYes ONo If Yes. circle NR.eligible',ignificant ,ile numbers below. Site Counts: Previously Recorded Sites Newly Recorded Sites Previously Recorded Site #'s with Site Fiie Update Forms ILi,t ,ile g's without "S: Attach ,upplernentary page' if necessaryl Newly Recorded Site #'s IAre you ,ure all are original, and not updates? Identify method, used to check for upd,tes, ie, r"earched the FMSF recard,. list site II's without '"B." Attach supplementary pages if necessary.) Site Form Used: !] SmartForm Supervisor. ::J FI~SF Paper Form o Approved Custom form: Attach capies of written approval fram FMSF BAR :J 872 :J CARL Related :J ' An :J JW DO NOT USE ",,.,,..,.,,..,.,SITE FILE USE DNLY,.,..".,"'""",OO NOT USE BHP Relaied a State HistDric Preservatior: Grant o Compliance Review: CRAT, ~ " , I I' HR:5E066t1l97 Florida M'Etar Sit! File. DiVision 01 HiSlorkal Resources. GrlY Building, 5011 South BrDnou!lh Street. hllanl!lSu!. nllridl 32399.0250 Phonl B5(1.24S.644Il,Suncom 2056440, FAX 85(:.245.643!l, Emal7 Imdile@dcs.i1i1tdl.ul, Hid nttp:[iW'NW.doutate..f1.lIs,ldhrlmsfl L:imsfllogsherr..doc ~7ID7lDJ 3:07 PM