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Item C25 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 19. 2003 Bulk Item: Yes [8J No 0 Division: Manaqement Services Department: Administrative Services AGENDA ITEM WORDING: Approval of consent to subcontract survey of historical buildinqs in unincorporated Monroe County. ITEM BACKGROUND: There is a current contract in effect between Monroe County and the Historic Florida Keys Foundation. funded by County and Florida Department of State. Division of Historical Resources. PREVIOUS RELEVANT BOCC ACTION: Approval to apply at November 2001 meeting; approval of contract with state at Auqust 2002 meetinq; approval of contract with Historic Florida Keys Foundation at September 2002 meeting. CONTRACT/AGREEMENT CHANGES: survey of historical buildinqs will be subcontracted to GAl Consultants-SE. STAFF RECOMMENDATION: approval TOTAL COST: 26,250.00 COST TO COUNTY: 13,125.00 BUDGETED: Yes [8J No 0 SOURCE OF FUNDS: 50% qrant, 50% Qen revenue fund match REVENUE PRODUCING: Yes 0 No [8J AMOUNT PER MONTH YEAR APPROVED BY: COUNTY ATTY 0 OMB/PURCHASING 0 RISK MANAGEMENT 0 DIVISION DIRECTOR APPROVAL: Sheila A. Barker DOCUMENTATION: INCLUDED: 0 TO FOllOW: 0 NOT REQUIRED: 0 DISPOSITION: AGENDA ITEM #: c.~-- AGENDA ITEM WITH LATE DOCUMENTATION DIVISION Manaqement Services DEPARTMENT Administrative Services SUBJECT Approval of consent to subcontract survey of historical buildinqs in unincorporated Monroe County. DATE ITEM WILL BE AVAILABLE: 3/14/03 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 19. 2003 Division: Manaqement Services Bulk Item: Yes [gJ No D Department: Administrative Services AGENDA ITEM WORDING: Approval of consent to subcontract survey of historical buildinqs in unincorporated Monroe County. ITEM BACKGROUND: There is a current contract in effect between Monroe County and the Historic Florida Keys Foundation. funded by County and Florida Department of State. Division of Historical Resources. PREVIOUS RELEVANT BOCC ACTION: Approval to aoply at November 2001 meetinq; approval of contract with state at Auqust 2002 meetinq; approval of contract with Historic Florida Keys Foundation at September 2002 meetinq. CONTRACT/AGREEMENT CHANGES: survey of historical buildinqs will be subcontracted to GAl Consultants-SE. STAFF RECOMMENDATION: approval TOTAL COST: 26.250.00 COST TO COUNTY: 13.125.00 BUDGETED: Yes [gJ No D SOURCE OF FUNDS: 50% qrant. 50% qen revenue fund match REVENUE PRODUCING: Yes D No [gJ AMOUNT PER MONTH YEAR APPROVED BY: COUNTY ATTY D OMB/PURCHASING D RISK MANAGEMENT ~ DIVISION DIRECTOR APPROVAL: ~ 0 ~~ Sheila A. Barker DOCUMENTATION: INCLUDED: D TO FOllOW: D NOT REQUIRED: D DISPOSITION: AGENDAITEM#: ~.~__ MONROE COUNTY BOARD OF COUNTY COM"'lISSIONERS CONTRACT SUMMARY Contract with: Historic Florida Keys Foundation Effective Date: 03/19/03 Expiration Date: 06130/03 Contract Purpose/Description: Approval to subcontract historic buildings survey in unincorporated Monroe County. Funds provided through Florida Department of State, Division of Historical Resources for implementation of the Monroe County Historic Buildings Survey. Contract Manager: David P. Owens (Name) 4482 (Ext.) OMB/Grants Mgt. (Department) I for BOCC meetinq on 03/19/03 Aqenda Deadline: 03/05/03 CONTRACT COSTS Total Dollar Value of Contract: $26,250.00 Current Year Portion: 526,250.00 Budgeted? Yes X No Account Codes: 125-03S04-S30490-GK0302-XXXXXX Grant: $13,125.00 County Match: $13,125.00 ADDITIONAL COSTS Estimated Ongoing Costs: $2857.00 For: Staff support-filing reports, oversight (Not included in dollar value above) (e.g. Maintenance, utilities, janitorial, salaries, etc. ) CONTRACT REVIEW Division Director Changes Date In Needed YesD NoD Date Out Reviewer Risk Management ,)/r~,((;) YesD No~ O.M.B.(Purchasing ~/121Q3 YesD NO~ County Attorney YesD NoD '3 It 't 10) 31n)D~ ;;:. -/ /----:.. ,;.-.{\ ".-0.' Comments: OMB Form Revised 9/11/95 MCP #2 Owens-David From: Sent: To: Subject: Hutton-Suzanne Monday, February 24, 2003 11 :37 AM Owens-David HFKF Jan printed out your e-mail to her & gave it to me. First, The contract is very similar to the one that was done between County & HFKF, except that the County is not a party to this one, so there is no reason for me to sign off on it. I would suggest that it be spelled out in Paragraph 6(a) who the "Program Director" is. Second, the Sept. 18, 2002 agreement between County &HFKF requires in paragraph 13 written approval by the County of an assignment or sub-contract. This is a sub-contract so you need an item on SOCC agenda approving same. /;..- Ie:- _ rr. - I, . . .---- Page 1 CONSENT TO SUBCONTRACT THE SURVEY OF HISTORIC BUILDINGS IN UNINCORPORATED MONROE COUNTY " This consent to subcontract is made and entered into this day of March, 2003, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board," and the HISTORIC FLORIDA KEYS FOUNDATION, hereinafter referred to as "FOUND,<\TIOI'J." WHEREAS, on September 18, 2002, the parties entered into an agreement whereby the FOUNDATION is to provide a survey of historic buildings in unincorporated Monroe County (the original agreement); and WHEREAS, paragraph 13 of the original agreement prohibits the assignment or subcontracting of any of the FOUNDATION'S duties and obligations under the original agreement without the consent of the Board; and WHEREAS, the FOUNDATION desires to subcontract the survey of historic buildings in unincorporated Monroe County to GAl Consultants-SE; now, therefore, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. The Board consents to the FOUNDATION subcontracting the survey of historic buildings in unincorporated Monroe County to GAl Consultants-SE, according to the terms and conditions of the agreement between the FOUNDATION and GAl Consultants-SE. A copy of those agreements is attached to this consent to subcontract agreement as Exhibit A and is hereby made a part of this consent to subcontract agreement. The Board agrees to reimburse the FOUNDATION for the survey of historic buildings in unincorporated Monroe County according to the terms set forth in Exhibit A, subject to the maximum amounts set forth in the original agreement paragraph three and subject to the FOUNDATION furnishing reimbursement documentation satisfactory to the Clerk of the Circuit Court. 2. Except as provided in this consent to subcontract agreement, paragraph one, in all other respects the terms and conditions of the parties' original agreement remain in full force and effect. This consent to subcontract does not release or waive the obligation of the FOUNDATION to see that its duties and responsibilities under the original agreement are satisfactorily performed. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman HISTORIC FLORIDA KEYS FOUNDATION (Federal ID No. By By President Director consent to subcontract - HFKF MONROE COUNTY HISTORIC BUILDINGS SURVEY SUBCONTRACT THIS AGREEMENT is made and entered into this day of I 20031 by and between HISTORIC FLORIDA KEYS FOUNDATION, whose address is 510 Greene Streetl Key Westl FL 330401 hereinafter referred to as "FOUNDATION/ and GAl CONSULTANTS-SEI whose address is 618 East South St'l Orlandol FL 32801, hereinafter referred to as "CONSULTANT.fI WITNESSETH WHEREAS, the Florida Department of Statel Division of Historical Resources has awarded a grant of funds to Monroe County to implement a program that provides a survey of historical buildings in Monroe County; and WHEREASI Monroe County has entered into a contract with the FOUNDATION for the provision of this survey of historical buildings in Monroe County; and WHEREASI the FOUNDATION is in need of a qualified professional firm to provide said services under this Program; and WHEREASI the CONSULTANT has submitted the most favorable proposal to perform this survey; and WHEREASI the COUNTY has agreed to disburse the Florida Department of Statel Division of Historical Resources grant funds to the FOUNDATION in accordance with the COUNTY/S application for the Florida Department of Statel Division of Historical Resources grant funds; NOW THEREFOREI in consideration of the mutual understandings and agreements set forth hereinl the FOUNDATION and the CONSULTANT agree as follows: 1. TERM - The term of this Agreement is from March 191 20031 through June 301 20031 the date of the signature by the parties notwithstandingl unless earlier terminated as provided herein. 2. SERVICES - The CONSULTANT will provide services as outlined in the FOUNDATION/S Agreement with Monroe County, attachments and addenda I attached and made a part hereof. 3. FUNDS - The total project budget to be expended by the CONSULTANT in performance of the services set forth in Section 2 of this agreement shall be the total sum of $26/000.00. The total sum represents federal grant/state sub-grant support in the amount of $13,000.00 and local matching funds in the amount of $13,000.001 which amount shall be provided by the COUNTY through the grant matching funds account. All funds shall be distributed and expended in accordance with the terms outlined in the grant agreement. 4. INCORPORATION BY REFERENCE - The provisions of those certain documents entitled "Historic Preservation Grant Award Agreement Survey & Planning Grants _ Advanced Payment Grant No. S30751 Attachment AI Attachment BI and Addendumll (Attachment A to this contract)1 "Monroe County Historic Buildings Survey Grant Funds Agreementll (Attachment B to this contract)1 "Monroe County, Florida Request for Qualifications: "Historic Preservation Services'l (Attachment C to this contract)1 and the "Historical Resources Grants-in-aid Applicationll (Attachment D to this contract) therefor and all lawsl rules and regulations relating thereto are incorporated by reference. 5. IMPLEMENTING AGENCY BOND - The CONSULTANT is an implementing agency under the COUNTY'S Florida Department of State, Division of Historical Resources grant program, and shall be bound by all the provisions of the documents incorporated by reference in Section 4 of this Agreement. Additionally, the CONSULTANT shall be bound by all laws, rules, and regulations relating to Monroe County's performance under the Florida Department of State, Division of Historical Resources grant program. 6. BILLING AND PAYMENT (a) The CONSULTANT shall render to the FOUNDATION, no more frequently than monthly, an itemized invoice properly dated, describing the services rendered, the cost of the services, and all other information required by the Program Director. The original invoice shall be sent to: Historic Florida Keys Foundation 510 Greene Street Key West, FL 33040 (b) Payment shall be made after review and approval by the FOUNDATION within thirty (30) days of receipt of the correct and proper invoice submitted by the CONSULTANT. 7. TERMINATION - This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered to the other party. The FOUNDATION shall not be obligated to pay for any services provided by the CONSULTANT after the CONSULTANT has received notice of termination. In the event there are any unused Florida Department of State, Division of Historical Resources grant program funds, the CONSULTANT shall promptly refund those funds to the FOUNDATION or otherwise use such funds as the FOUNDATION directs. 8. ACCESS TO RECORDS - The grantee, the Florida Department of State, 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. 9. NOTICES - Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR FOUNDATION: Jack London, Director Historic Florida Keys Foundation 510 Greene Street Key West, FL 33040 FOR CONSULTANT: Jeffrey M. Sievers, P.E. GAl Consultants - SE 618 East South Street Orlando, FL 32801 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 10. UNAVAILABILITY OF FUNDS - If the FOUNDATION shall learn that funding from Monroe County or the Florida Department of State, Division of Historical Resources cannot be obtained or cannot be continued at a level sufficient to allow for the services specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the CONSULTANT at its address specified above. The FOUNDATION shall not be obligated to pay for any services provided by the CONSULTANT after the CONSULTANT has received notice of termination. 11. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this Agreement, the CONSULTANT shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State of Florida and Article 1 of the United States Constitution, which provide that no revenue of the state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect or religious denomination or in aid of any sectarian institution. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the CONSULTANT. If the CONSULTANT receives notice of material breach, it will have thirty days in order to cure the material breach of the contract. If, after thirty (30) days, the breach has not been cured, the contract will automatically be terminated. The CONSULTANT shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, ant 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, sex, age, political affiliation, beliefs, or disability be subject to discrimination under any program or activity which the CONSULTANT has agreed to undertake by and through the covenants and provisions set forth in this contract. 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 tOt 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. 12. ASSIGNMENTS AND SUBCONTRACTING - Other than noted herein, neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. It is understood and agreed that sub-consultant, Marla Dumas, will assist the CONSULTANT with this project. 13. INDEPENDENT CONTRACTOR/EMPLOYEE STATUS - The CONSULTANT is an independent contractor. No statement in this agreement shall be construed so as to find the CONSULTANT, its employees, contractors, servants, volunteers, or agents to be employees of the FOUNDATION. Persons employed by the CONSULTANT in the performance of services and functions pursuant to this Agreement shall have no claim to pension, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the FOUNDATION'S officers and employees either by operation of law or by the FOUNDATION. 14. INDEMNIFICATION - The CONSULTANT agrees to hold harmless, indemnify, and defend the COUNTY, its commissioners, officers, employees, and agents against any and all claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or related to the provision of services hereunder by the CONSULTANT. 15. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County, Florida, on the day and year first written above. HISTORIC FLORIDA KEYS FOUNDATION GAICONSULTANTS-SE By: By: Title: Title: Historic Preservation Grant Award Agreement Survey & Planning Grants - Advanced Payment Grant No. S3075 This AGREEMENT is between the State of Florida, Department of State, Division of Historical Resources, hereinafter referred to as the Department, and the Monroe County, a political subdivision of the State of Florida, hereinafter referred to as the Grantee, relative to the Monroe C~ Historic BUildi~~? P~t, hereinafter referred to as the Project, and is entered into this day of - fY\ 2002, and shall end on June 30, 2003. The Department is responsible for the administration of grant-in-aid assistance for historic preservation purposes under the provisions of Section 267.0617, Florida Statutes. The Grantee has applied for grant-in-aid assistance for the Project. The application, incorporated by reference, has been reviewed and approved in accordance with Chapter lA-35, Florida Administrative Code, which regulates Historic Preservation Grants-in-Aid. Subject to the limitations set forth in this Agreement, grant-in-aid funds in the amount of thirteen thousand one hundred twenty five dollars ($13,125.00) have been reserved for the Project by the Department. The Department and the Grantee agree as follows: 1. The Project shall include the following authorized project work: A. Conduct a Historic Architectural Survey in unincorporated Monroe County. Florida Master Site File forms will be completed or updated on all identified sites. A Survey Log Sheet and Final Survey Report will be produced. B. A draft of the Survey Report and five sample Master Site File forms, including photos and maps as per Attachment B of the Grant Award Agreement, will be submitted to the Department no later then forty-five days prior to the end of the grant period for review and approval. C. Two copies of the Final Survey Report with one Survey Log Sheet and one copy of Florida Master Site File forms with photos and maps, will be submitted to the Department at the end of the grant period as final products. II. The Grantee agrees to administer the Project in accordance with the GENERAL AND SPECIAL CONDITIONS GOYERNING GRANTS AND THE ADMINISTRATIYE INSTRUCTIONS FOR HISTORIC PRESERVATION PROJECT ACCOUNTABILITY attached as Attachment "A", and Chapter IA-35, Florida Administrative Code, and the following specific conditions: A. The Grantee agrees to complete the Project by June 30, 2003 and submit the Final Products and the Final Progress Report and Final Expenditure Report, as specified in Attachment "A", Part II, subparagraph B.l., within 30 days of completion of project work. No costs incurred prior to the commencement date of this Agreement are eligible for payment from grant funds. No costs incurred after the above project work completion date will be eligible for payment unless specifically authorized by the Department before the cost is incurred. B. The Department shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the Department. The Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee, its agents, servants or employees. C. The Gr:mtee, other than a grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the Department harmless from and against any and all claims or demands for damages, including attorney fees and court costs, resulting from personal injury, including death or damage to property, arising out of any activities performed under this Agreement, omissions to act or negligence of the Grantee, its agents, servants, or employees and shall investigate all claims at its own expense. D. The Grantee shall be solely responsible for all work performed and all expenses incurred in connection with the Project. The Grantee may subcontract as necessary to perform the services set fonh in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution, and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. E. The Grantee shall submit complete bid documents, including plans and specifications, to the Department for review and approval prior to the execution of any contract for construction work. F. The Grantee agrees that all acts to be performed by it in connection with this Agreement shall be performed in strict conformity with all applicable laws and regulations of the State of Florida. G. The Grantee shall coordinate consultation between its professional consultants and appropriate Department staff representatives as necessary to assure mutual understanding of and agreement on the objectives, requirements, and limitations of the Project in relation to the State Historic Preservation Program. H. The Department shall unilaterally cancel this Agreement in the event that the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction \vith this Agreement. I. 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. J. The Grantee recognizes that the State of Florida, pursuant to Section 212.08( 6), Florida Statutes, is not required to pay taxes on any goods or services which may be provided to it pursuant to this Agreement. K. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the Department has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, the total grant shall be reduced in proportion to the revenue shortfall. L. All project work must be in compliance w.ith the Secretary of the Interior's Standards for Identification, and Evaluation. 2 ~l. The Grantee will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of race, religion, color, handicap, national origin, age, gender, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this Agreement. N. The Department shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of collection related to the grant. O. These grant funds will not be used for lobbying the Legislature, the Judicial branch or any state agency. P. Each grantee, other than a grantee \vhich is a State agency, shall submit to an audit or submit an attestation statement pursuant to Section 216.349, Florida Statutes. Q. The product of the Project must be the original \vork of the Grantee or its consultants. If the \vork of others is used as background information, it shall be appropriately credited to the originator. III. The Department agrees to pay the Grantee for 50% of the Grantee's total cash expenditures and donated values, so long as the Grantee's cash expenditures equal or exceed the amount of donated values, up to a maximum payment of thirteen thousand one hundred twenty five dollars (513,125.00) If the donated values exceed the amount of cash expenditures, the Department shall only pay the Grantee for 100% of actual cash expenditures up to a maximum payment of thirteen thousand one hundred twenty live dollars (S13,125.00). In order for any expenditure to qualify for payment, it must be properly documented, be for work performed during the term of the Agreement, and for a charge which is reasonable in amount and directly related to and necessary for the completion of the authorized project work. The total amount as prescribed above shall be made to the Grantee in four quarterly installments. The first three may be made at the beginning of each quarter for which they are allotted. Grantees shall submit the four signed Requests for Advanced Payment Forms (No. HR2E560397, effective 3/97), herein incorporated by reference, with this signed Grant A ward Agreement to initiate the grant. The Grantee shall submit to the Department a completed "Progress and Expenditure Report" form for every reporting period of the grant period. Progress and Expenditure Reports shall be received by the Department within 30 days of the ending of a reporting period. Within 30 days of completion of project work, the Grantee shall submit the completed "Final Progress and Expenditure Report" form to the Department. The last grant payment installment shall be payable during the last quarter for which allotted and upon receipt and verification of the Grantee's Final Progress and Expenditure Report and verification of all previously submitted Progress and Expenditure Reports. When advance payments have been made by the Department, adjustments for overpayments shall be made quarterly and upon receipt of the Final Progress and Expenditure Report, unless otherwise agreed by the parties. In addition, in the event that all project work which is the subject of this Agreement is not fully completed in both a timely and satisfactory manner, the Department reserves the right to demand and receive full reimbursement of all sums which it has paid the Grantee under this Agreement. Payment for project costs will also be contingent upon all authorized project work being in compliance with the aforementioned Secretary of the Interior's Standards, and the inspection and approval of the grant assisted work by the Department. The Department further agrees to the following conditions: 3 A. The Department shall review and approve as to form and content all proposed contracts of the Grantee for the procurement of goods and services relating to the project work and all proposed contract change orders or amendments prior to final execution of said contrJcts, chJnge orders or amendments, but said review and JpprovJI shJlI not be construed as JcceptJnce by or imposition upon the Department of any financial liability in connection with said contrJcts. B. The Department shall review and approve detailed pIJns, specifications, and other bid documents for construction work relating to the Project prior to the execution of any contract for such work; review and comment on all preliminary reports and recommendations; and confer with the Grantee and its professional consultants as necessary throughout the course of the Project, to assure compliance with the objectives, requirements and limitations of the State Historic Preservation Program. IV. The payment schedule of grant funds shall be subject to the timely filing of required reports and to any special conditions required by the Office of the Comptroller, State of Florida. v. VI. VII. VIII. IX. Surplus funds must be temporarily invested and the interest earned on such investments shall be returned to the State. The Grantee shall report interest earnings quarterly, and shall remit the total interest earned at the end of the grJnt period in the form of a check or money order made payable to the Florida Department of State. This Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this Agreement. If any term or provision of this Agreement is found to be illegal and unenforceable, the remainder of this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. 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. Each grantee, other than a grantee which is a State agency, agrees thJt, its officers, agents and employees, in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee or agent of the State. Each grantee, other than a grantee which is a State agency, is not entitled to accrue any benefits including retirement benefits and any other rights or privileges connected with employment in the State Career Service. The Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State. The Grantee shall not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without prior written consent of the Department which consent shall not be unreasonably withheld. The Agreement transferee must also demonstrate compliance with Chapter lA-35, Florida Administrative Code. If the Department approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties and obligations of the Department to another government entity pursuant to Section 20.06, Florida Statutes, or otherwise, the rights, duties and obligations under this Agreement shall also be transferred to the successor government entity as if it were an original party to the Agreement. 4 X. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the Department. XI. The following provisions shall apply for the voluntary and involuntary suspension or termination of the grant by either the Department or the Grantee: A. Suspension. Suspension is action taken by the Department which temporarily withdraws or limits the Grantee's authority to utilize grant assistance pending corrective action by the Grantee as specified by the Department or pending a decision by the Department to terminate the grant. 1. Notification. When the Grantee has materially failed to comply with the terms and conditions of the grant, the Department may suspend the grant after giving the Grantee reasonable notice (usually 30 calendar days) and an opportunity to show cause \vhy the grant should not be suspended. The notice of the suspension will detail the reasons for the suspension, any corrective action required of the Grantee, and the effective date of the suspension. 2. Commitments. No commitments of funds incurred by the Grantee during the period of suspension will be allowed under the suspended grant, unless the Department expressly authorizes them in the notice of suspension or an amendment to it. Necessary and otherwise allowable costs which the Grantee could not reasonably avoid during the suspension period will be allowed if they result from charges properly incurred by the Grantee before the effective date of the suspension, and not in anticipation of suspension or termination. Third party contributions applicable to the suspension period shall not be allowed in satisfaction of matching share requirements, unless otherwise agreed by the parties. 3. Adjustments to payments. Appropriate adjustments to the payments submitted after the effective date of suspension under the suspended grant will be made either by withholding the payments or by not allowing the Grantee credit for disbursements made in payment of unauthorized costs incurred during the suspension period. 4. Suspension period. Suspensions will remain in effect until the Grantee has taken corrective action to the satisfaction of the Department or given written evidence satisfactory to the Department that corrective action will be taken, or until the Department terminates the grant. The grant shall be terminated by the Department if the Grantee fails to respond in writing to a notification of suspension within 30 calendar days 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. 5 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 \vith 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. XII. Unless there is a change of address, any notice required by this Agreement shall be delivered to the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the Department, and to, Monroe County, 1100 Simonton Street, Key West, Florida, 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. XIII. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this contractual relationship. XIV. This instrument and the Attachments hereto embody the whole Agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties. No change or addition to this Agreement and the Attachments hereto shall be effective unless in writing and properly executed by the parties. 6 All written approvals referenced in this Agreement must be obtained from the parties' grant administrators or their designees. The Department and the Grantee have read this Agreement and the Attachments hereto and have affixed their signatures: DEPARTMENT OF STATE MONROE COUNTY ;' J ! I \. !./~( ) I, " Signature of Authorized Official CH.'1-2 Lrc 5 /\/\ C C& V ( /1/'( ;4 Y [; ~ Typed Name and Title of Authorized Official 7 Historic Preservation Grant Award Agreement Attachment A General and Special Conditions Governing Grants and Administrative Instructions for Historic Preservation Project Accountability For Advanced Payment State of Florida Department of State, Division of Historical Resources June 2000 Introduction and Definitions In accordance with the provisions of Chapter 267, Florida Statutes, the Division of Historical Resources. Department of State is responsible for the administration of a comprehensive program of historic preservation activities in Florida, and is authcrized to participate in and receive ft.;nding 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 amendec. Major funding 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 cne 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 ccmpreher.sive histcric preservation program be administered in accordance with Federal laws, regulatioi.s, and conditions, as well as those of the State of Florida. The General and Special Conditions Governing Grants and the Administrative Instructions for Historic Preservation Project Accountability contained herein are intended to inform grantees of and assure grantee compliance with the Federal and State rec;uirements 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 necessary to the accomplishment of authorized project work, incurred during the project period, and properly documented in accordance with the Department's Administrative Ins:iuctions for Historic Preservation Project Accountability. "Authorized project 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" means 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. "Project period" means the period of time beginning on the effective date of the gr2i,t award agreement and ending when the project completion report is approved by the Department or on :he date other\Vise specified In the grant award agreement or any amendment thereto. 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 conditions are applicable both to the grantee and to any consultants, contractors, or employees to which grant-in-aid funds are paid. 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 historic preservation in general and local preservation projects, the grantee shall meet the following requirements regarding publicity of his/her project: a. At the outset of the project, a news release identifying the project's specifics including source(s) of grant funds, name of the project, along with its nature and benefits to the community shall be sent by the grantee to local print and electronic media. 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. Satisfactory evidence regarding feature stories shall consist of a copy of any newspaper or magazine articles; or letter(s) from grantees to newspapers, magazines or television stations indicating the grantee has requested such a feature story; or written certification from the grantee to the Department that an effort was mece. In any case, if the effort was successful, the grantee shall provide the Department with a copy of any such articles or written statement of when any television story was broadcast. 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. Finally, 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 the project shall contain acknowledgment of grant assistance, substantially as follows: "This project (or 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 Historic Preservation Advisory Council. However, the contents and opinions do not necessarily reflect the views and opinions of the Depertment of the Interior or the Florida Department of . State, nor does the mention of trade names or commercial products constitute 2 eneorser..ent er recomr.e;.catie~ :: :"e Department of ::-e .:-:e~ior :~ :-e ;:;icrica Oepartr.ent of State. "7"i".is pr:~r:::.'71 ~eceives Feder2! fira:-cial aSSS:2i.ce fer ieentification ane protection of his:crc ;Jroper~ies. Under T;~le \/i of :he C;";iI ~ig;;:s Act of 1964, Section 504 of the Re"2:iiita:ion Act of 1973, arid :he Age :so~irr:inatioi, Act of 1975, as amendee, ::-,e US :e:Jar:r.,ent of the Interier :r:nit;i:s :::s:~irninatio,~ on the basis of r2ce, coler, nationa, origin, cisability, or age :r i:s fece.-:::./ assis:ec: programs. If you belie'/e you r,a/e been eiscriminatee agair.st in 2:-~. :~:::gr2rr:, activity, or facility as described 2bo',s :r if you eesire fur:.'~er ir.forr71atio:-,. :S2se vri:e to: Office of Equal Opoor:unity. \2:ion21 Park Ser/ice, ,8~9 C S:~se:, NI/I, Washington, DC 20240." g. State Funded Projects: F.:: news rS.S2ses and promotonal r.:a:eria!s rS;2:ing to the project shall cont2in 2ckno'Nledgrr:e:-: of grant assistar:ee, s',,::s:2ntia!!:; 2S fellows: "This project (or publication) has bee:- :'in anced in part with his:cric preser'2:ion grait assist2nce provieee by the Burea:..: cf Historic Preservation, Divisicn Of HistoriC2! Resources, Florlea Depar:J;lent or S;a~e, 2ssisted by the Historic ?reservat:on Advisory Council. However, the contents 2nd opinions co not necessariiy "efiect the views and opinions of the Florid2 Ce;:a:-:ment of St2te, nor eoes t!".e l.1e:-::;on Of trace n2mes or commercial products ccr.s:it:..:te eneorsement or reco",r.-:enea:;cn by the Florida Department of State. 2. Amendments to the Grant Award Agreement. Ail amer.ements ;0 the ;r2;;t aware agreerr1ent for the projec: shall be iI', writir.g 2.-.d ;ully executed by both ::Ja:-:ies. ,':.:7:encr.:ents will be prepared by the Department, either a: its own initiative or upon approv21 of :~e written request of the gr2ntee. 3. Changes in Scope of Project Work. T::e :;;r2ntee may not, witt-,cut ~or:TI21 ar:-.e1ement or the grant award agreement, make changes ir. the scope of the project wt-ich wc",ic aiter the allowable project work or services 2S stipui2:ed in the grant aware agreer.ler.t or :-:i2ke 2ny chan~es which might result in a ee'/i2tion f~cr:-: ::",e intent of the legis!2::cn whic:- 2..:thorizec the award of the grant. In the e\/ent of :..::-certainty, questions shoi..;!c be re~erred to the Dep2rtment for final determination. 4. Extension of Grant Period. No extensiol', of the erant period will :e 2uthcr:=ec without form2! amendment of the grant 2'.'/ard agreer:-ent. 5. Timeliness of Work. The grantee shall ca:..:se work on the project to be comme:-ced within a reason2ble time not to exceed ninety (90) C2YS after the effective e2te of the grant aware agreement. The grantee shall prosecute ;~e authorized project wor~ to cor.:plet:on with reasonable diligence and within the ;xoject perioc. 6. Project Supervision. The gr2ntee will 2ssure that competent and aee~uate pr::::fessionai supervision and inspection is provieed 2ne e:-:sure that the completed 'Nor~ cor.rCr'71S to the approved standards and specifications. 7. Conflict of Interest. The gr2ntee sh2:; compiy with the 12ws Oi ::-e St2:e 'Of Florida governing conflict of interest and standarcs of ethic21 conduct, includ!,,; Cha::J:er ,12, Par: III, Florida Statutes. In addition, no gr2,,:ee officl21, employee, or consui:ar.: who is authorized in his or her official ca;Jacity to ~e-;;oti2te, rr1ake, acce;;t, 2;;:rC'ie, cr :2ke ;;ar: in decisions regarding 2 contr2ct, subcontr2c:. cr other agreement in ccr;r.ecticr.:/:::, a grant 2ssisted project shall t2ke P2rt in any decis;c:: relating to such contr2c:, s~8ccn:~2::: or other agreer.:ent in which he or she has 2ny f:r2:-:cial or other interest, cr irl 'Nhjc~ :-:is or her spouse, minor c~iid, or::Jartner, or 2ny cr;:::::-I=2t10n ir, which !",e or s:-e is se:-.'-; as a:- officer, director, tr..:stee, :Jar-ner, cr emp:c~.ee of whic:! he or s!-,e !-.2S :::r is ~e;;c::2:ing ai.j arranger:lent ccncernir,g err1ployrr:ent has S~Crl interest. 3 8. Dual Compensation. If a grantee staff mer:-:ber or consu!ta:,t is involved simc;ltaneously in two or more projects supportee by State cr Feeera! fUries, ane compensation on either project is based upon percentage sf time s:::e,t, he or she ",a'l not be compensetec for more than 100 percent of his/her time curing any per: of the perioe of eual involvement. 9. Contingent Fees. No person, egency, or other orgenization mey be employed or retained to solicit or secure a grant or contrect upon an agreement or understanding for commission, percentage, brokerage, or contir:gent fee. For breach or violation of this prohibition, the Department shall have the right to annul tr",e grant without liability or, at its discretion, to deduct from the grant or otherNise reco'/er the full amount of such commission, percentage brokerage or contingent fee, or to seek such cther remedies as may be legally available. 10. Use of Individual Consultants. No project funcs shall be used for the payment of fees to individual consultants without tr,e w<tten autrcr;:::ation of the Depertment. The procurement of individual consultant serJices ",ust be justifiee: enc cocumented in accorcence witr, the Administrative Instructions for Historic Prese,/ation Project Accountability contained in Part II herein. In no case will consultant fees over and above regular salary be paid to employees of the grantee organization or of professior:al firrr',S or organizations whose services have been properly procured by the grantee for the project. The grantee will not use any project funds to pay travel expenses of e:.:ployees of the Florida Department of State or Feceral government for lectures, attending program fcnctions, or any other activities in connection with the project. 11. Civil Rights Compliance. The grantee will assure that the project is administered in conformance with the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as a~enced. Title VI of the Civil Rights Act of 1964 states that no person will, on the grounds of race, color, 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 tr.at no qualif:ec 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 Federel financial assistance. The Age Discrimination Act of 1975 prohibits discrimination on the basis of age under any program or activity receiving Federal financial assistance. Everj grantee is required to submit a Civil Rights Assurance of Compliance Form. No grant awerds may be made without a Civil Rights Assurance of Compliance Form on file. 12. Discrimination in Employment Prohibited. In all hiring or employment in connection with the project, each employer (1) will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin, anc (2) will take affirmative action to ensure that applicants are employed, and that employees are treated during 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 employment in the grant assisted project. These requirements apply to, but are not limited to, 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 co~ply with all applicabie statutes and Executive Orders on equal employment opportunity and grant awarts '..viii be governed by the provisions of all such statutes and Executive Orders, ["clueing e:-:Torcement p;ovisions. 13. Religious Institutions. If the project involves a church or church related organization or property, the grantee will assure that neither the execution of nor the public benefit resulting from the project require involvement or partici;Jation in religious services or activities. 14. Political Activities. No expenditure of projec: runes may be made for the use of equipment or premises for political purposes, sponsor:ng 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 sha!1 take part in any of the political activity proscribed in the Hatch Political Activity Act, 5 USC 1501 et. seq., as amended, with its stated exceptions. 16. Lobbying 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 ir.troduction 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. Federally Funded Project Audit Requirements. Non-Federal entities that expend $300,000 or more a year in Federal awards must have a single or program-specific audit conducted in accordance with OMS Circular A-133. 19. Reports, Records, and Inspections. The grantee will submit financial, program progress, evaluation, 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. 20. Examination of Records. The Secretary of State of the State of Florida and the State Auditor 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 findings have been resolved. 21. 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 5 documents, papers, letters or other materiai relating to the project, in accorcance with the provisions of Chapter 119, Florida Statutes, and with the Freedom of Information Act, 5 USC 552. 22. Rights to Data and Copyrights. b. When publications, films, or similar materials are developed, directly or incirectly, from a program, project or activity supported by grant funds, any copyright resulting therefrom shall be held by the Florica 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 irrevocabie 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. 23. Compliance with Environmental Protection Laws and Regulations. No project funds shall be used for project work involving ground disturbance, modification of land use patterns, new construction, or other known or potential alteration of the natural environment that 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 1969, as amended, 42 USC 4321 et. seq., establishing national policy goals and objectives for protecting and enhancing the environment. 24. Energy 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. 25. Convict Labor. The grantee or its contractors may utilize the labor of State prisoners in authorized work release, parole or probation programs in the accomplishment of work. In accordance with Executive Order 11755, no person undergoing a sentence of imprisonment at hard labor shall be employed on grant assisted project work. 26. Minority Businesses. The grantee shall encourage greater economic opportunity for minority business enterprises, as defined in Chapter 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: (1) inclusion of qualified minority businesses on solicitation lists; (2) the assurance minority businesses are solicited whenever they are identified as potential sources; (3) the division of total requirements, when economically feasible, into small tasks; or quantities to permit maximum participation of minority businesses; (4) the establishment of reasonable delivery schedules when feasible, so as to encourage participation by minority businesses; and (5) utilization of the services and assistance of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce. 6 B. Special Conditions Applicable to Acquisition and Development Projects. The foilowir.g special conditions apply to grant assisted projects involving the acquisition, preservation, protection, restoration, rehabilitation, stabilization, or construction of a site, building, structure, or object. 1. Accessibility 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 25.21, Florida Statutes; and Part V, Chapter 553, Florida Statutes regarding accessibility for the disabled. Specifications for project work rr.ust conform with the "Specifications for Making Buildings and Facilities Accessible to, a"d Usable by, the Physically Handicapped" published by the American National Stan cards Institute and The Secretary of the Inter:or's Standards for Rehabilitation. 2. Project Signs. 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, and identify the project and source of grant support. Any variation in the above specifications must be approved by the Department. The sign wording shall contain acknowledgment of grant assistance: "THIS PROJECT 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 HISTORIC PRESERVATION ADVISORY COUNCIL." The costs of preparation and erection of the project identification sign are allowable project costs; routine maintenance costs of signs are not allowable. 7 PART II Administrative Instructions for Historic Preservation Project Accountability These instructions 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 Records and Reports Grantees are responsible for maintaining financial records and project progress reports as outlined below. These 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 to expiration of the five year period are finally resolved. All grantee project 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. A. Financial Records. Financial records must be adequate to account for the receipt and expenditures of all project funds, and to demonstrate compliance with required procedures. Grantee financial records are 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 Funds. Project funds include the total amount of cash and in- kind values available to defray the direct costs of the project. They consist of the grant assistance share provided by the Department plus the local matching share provided by the grantee. a. Grant Assistance Share. Grant assistance is authorized to pay a percentage of allowable project costs, within the dollar limits of the grant, 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. b. Local Matching Share. Local matching share may be provided in the form of cash expenditures 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). (1) 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. (2) 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. (3) Donated materials shall be valued at the donors cost or the fair market value at the time of donation, whichever is less. s 2. How to Obtain Goods and Services (Documentation of Procurement Procedures). 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. With the one exception noted below, the grantee must obtain goods and services by using one of the following methods: a. Small Purchase Procedures. Goods and services may be procured by purchase order, acceptance of vendor proposals, or other appropriate procurement document, provided that: (1) you request cost quotes or proposals from three or more vendors; and (2) you are provided with an adequate description of the goods and services available. b. Competitive Negotiation. Professional services may be procured by competitive negotiation procedures in the following manner: (1) Request proposals from three or more competitors; (2) Evaluate and rank their qualifications; and (3) Select the most qualified competitor, ensuring fair and reasonable competition. Be sure that you have also done the following: (a) Publicized the request through notices in local newspapers or trade journals, in addition to individual solicitations; and (b) Identified all significant evaluation factors and their relative importance in the request for proposal. c. Competitive Sealed Bids. Contracts for the procurement of goods and services may be let on the basis of sealed bids solicited through formal advertisement in newspaper of local or area circulation. Be sure to include the following items in your advertisement: (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. d. Exception. The following method must be used by departments or agencies of the state; and by units of county, mu.nicipal or other local government: Professional architectural, engineering, landscape architectural, or land surveying and mapping services must alwavs be selected throuah comoetitive neqotiation orocedures as stipulated in the "Consultants' Competitive Negotiation Act", Section 287.055, Florida Statutes. e. Qualification of Contractors. It is essential that the project be su~ervised and carried out by personnel possessing training and experience appropriate to the nature 9 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. f. Contract Provisions. In addition to provisions defining a sound and complete procurement contract, any grantee shall ensure that the following contract provisions or conditions are included in all procurement contracts and subcontracts relating to the project: (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 construction work shall include provision for compliance with the Copeland "Anti-Kickback" Act, 18 USC 874, as supplemented in Department of Labor regulations, 29 CFR Part 3, prohibiting employers from inducing any person employed to give up any part of the compensation to which he or she is otherwise entitled. (6) All contracts involving the research, preparation, and publication of data shall include notice of the conditions relating to copyrights contained in paragraph 1.A.22. on page 6 of this document. g. Contract Pricing (1) Procurement by small purchase procedures or competitive negotiation methods may be priced on either a fixec-ree or cost reimbursable basis. 10 (2) Procurement by the competitive sealed bid method shall be priced on a firm- fixed-fee basis. (3) Procurement based on cost-plus-percentage-of-cost or percentage-of- construction-cost contracts shall not be included in determining allowable project costs. h. Documentation to be Submitted to the Department. The grantee shall submit the following items to the Department as evidence or compliance with procurement procedures prior to the execution or 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 contractor selection _ to be submitted upon completion of the selection process; and (3) a copy of the final contract - to be submitted for review and approval by the Department prior to final execution by the grantee. 3. Documentation of Project Costs. The grantee shall submit a Project Progress and Expenditure. Report for every reporting period of the grant. a. 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 accordance with the grant award agreement. The Department will review each Expenditure Report, and make its determination of the eligible costs on the basis of the following criteria: (1) Allowable project costs shall include: (a) costs incurred by contract for procurement of goods and services approved by the Department; (b) costs incurred by properly documented small purchase procedures; (c) costs incurred by the grantee for the following items applied directly to authorized project work: i. accounting: the cost of establishing, maintaining, and auditing financial accounts; ii. communications: specific charges for telephone, telegraph, or other comm.unications services; iii. employee salaries and benefits; iv. materials and supplies; v. procurement services: the cost of advertising, solicitation, processing, and administration of procurement contracts; vi. reproduction: the cost of limited reproduction of reports, forms, and project documents; 11 vii, 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, only after obtaining written approval from the Department. (d) the properly documented value of donated services and materials. (2) Costs not allowable shall include: (a) project costs incurred outside the project period; (b) costs of goods and services not procured in accordance with required procurement procedures; (c) costs or value of donations not properly documented as described below; (d) costs incurred by the grantee other than those specified in the authorized project work, or not directly related to the project; and (e) indirect costs incurred for common or joint activities of the grantee. b. State Funded Projects-Documentation of Grantee Cash Expenditures. Grantees shall provide a detailed listing of each expenditure in the Expenditure Report, which is to be submitted at the end of each quarter within the grant period and contains the following information: (1) check number; or if a cash expenditure, a copy of the receipt must be submitted; (2) check date or date of cash expenditure; expenditures overlapping the grant period must be prorated; and (3) the purpose of each expenditure; stated clearly and in sufficient detail for the Department to determine if the expenditure is allowable; Unless requested by the Department, detailed backup documentation does not need to accompany the Quarterly Expenditure Report. c. State Funded Projects-Documentation of Donated Values. The value of donated materials and volunteer services is not eligible for grant funds, but is allowable in determining the grantee matching share. Documentation of donations shall include lists of individuals donating services or materials, indicating the total hours of volunteer services donated in the accomplishment of authorized project work and the type and fair value of the donated materials. d. Federally Funded Projects-Documentation of Grantee Cash Expenditures. In addition to providing a detailed listing of each expenditure in the Expenditure Report, grantees receiving Federal grant assistance must also submit the following documentation as applicable: (1 ) copies of contractors' invoices itemizing the materials delivered, services rendered, and work items completed; (2) an original signed and dated receipt from the contractor/supplier showing the date payment was received and the amount received along with a copy of th'e check or copies of the front and back of the canceled checks; 12 (3) copies of in-kind (salary) services forms indicating the dates and hours devoted to authorized project work signed by both the employee and the supervisor; and (4) 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. e. Federally Funded Projects-Documentation of Donated Values. As with State funded grant projects, the value of donated materials and volunteer services is not eligible for grant funds, but is allowable in determining the grantee matching share. In addition to providing a listing of donated materials and services in the Expenditure Report, grantees receiving Federal grant assistance must also submit the following documentation as applicable: (1) copies of donated materials forms indicating the materials donated and their value signed by both the donor and the project supervisor; and (2) copies of donated services forms indicating the dates and hours devoted to authorized project work signed by both the volunteer and the project supervisor. 4. Transfer of Grant Funds. Grant funds shall be transferred to the grantee in four quarterly payments. Payment for the first quarter shall be transferred upon receipt by the Department of the grantee's first Progress and Expenditure Report, Grant funds for the second quarter will be sent to the grantee upon receipt of a second Progress and Expenditure Report. The third quarter payment shall be transferred upon receipt of the third Progress and Expenditure Report. The final quarterly payment will be transferred to the grantee upon completion of the grant project and submission and review of a properly documented Final Project Progress and Expenditure Report, and a determination by the Department that the grantee has complied with all terms of the grant award agreement. The fourth quarterly payment cannot be transferred to the grantee prior to the fourth quarter. For state agencies and state institutions of higher education, grant funds may be transferred on a reimbursement rather than advanced payment basis. Journal Transfers will be processed upon receipt by the Department of an invoice for the amount requested for reimbursement (50% of the allowable project costs incurred during this billing period), and a completed Request for Journal Transfer form. a. Incremental Payments: The total of grant funds transferred to the grantee in response to requests for incremental payments prior to final completion of the project work shall not exceed seventy-five percent of the amount reserved for the project as stated in the grant award agreement. b. Final Payment: The total of grant funds transferred to the grantee following final 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. B. Project Progress and Completion Reports. A Project Progress Report is required for all grant assisted projects, regardless of the type of work involved: 1. Project Progress Report. To be submitted at the end of each quarter within the grant period. It should be submitted in conjunction with the Expenditure Report. This report shall include: 13 a. include a schedule of the anticipated completion of major project work elements and final completion of the project; b. a brief description of work accomplished in the previous three months; c. a description of any unusual problems or conditions encountered or any unusual methods, materials, or techniques employed; d. copies of required documents (contracts, press releases, etc.) as applicable; and e. photographic documentation of construction work in-progress or completed work may be included. 2. Final Project Progress Report. To be submitted within 30 days of completion of all project work in conjunction with the Final Expenditure Report. In addition to the above information, 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. photographic documentation of completed construction work; and d. required audit documents. c. Reports Required for Survey Projects. In addition to the reports described in B. above, the following reports are required for historic and archaeological survey projects: 1. Final Survey Report. To be submitted in a draft form no later than forty-five (45) days prior to the end of the grant period and as the final product at the conclusion of the project period. Archaeological Survey Reports shall comply with the "Archaeological Report Standards and Guidelines," Rule 1A-46, Florida Administrative Code. This report shall include in the following order: a. a title page indicating the name of the project, the name of the author, and the date of the report; b. an acknowledgments page citing the sources of funding and other significant assistance; disclaimer, and civil rights statement (civil rights statement applies to Federally funded projects only); c. an introduction describing the ~rigin and objectives of the project; d. a description of the survey area or theme, accompanied by a Florida Department of Transportation county highway map or USGS topographic map outlining or highlighting the survey area with identified sites plotted on a legible map of appropriate scale; e. a summary of all past field surveys in the survey area of the current project and their major findings relevant to the current survey; f. a description of the field survey, including the specific methodology employed to identify sites, to locate their boundaries, and to evaluate them; 14 g. a summary and chronological narrative of the significant historical events or developments related to the project area or theme; h. identification of individuals and organizations that played significant parts in those events and/or developments; i. a final list of all previously identified sites located within the survey area, including the Florida Site File Number and Survey Record Number; j. a final list of all newly identified sites within the survey area, including the Florida Site File Number and Survey Record Number; k. conclusions and recommendations as to the significance of resources identified according to National Register of Historic Places criteria, local designation criteria (where applicable); and future survey, planning, and preservation action; and I. a list of bibliographic sources and other appropriate supplemental material. 2. Survey Log Sheet. To be submitted with the Final Survey Report. The Survey Log Sheet form shall be provided to the grantee by the Department, and shall be completed as specified in Attachment B. 3. Florida Site File forms. To be submitted with the Final Survey Report for all sites recorded during the survey. These forms shall be completed as specified in Attachment B. D. Reports Required for Community Education Projects and Preservation Planning Projects. In addition to the reports described in B. above, a draft of the final product will be submitted to the Department no later than forty-five days (45) prior to the end of the grant period; supplemental reports or drafts of the final product may be required to be submitted for community education and preservation planning projects depending on the nature and scope of the individual project. 15 ATTACHMENT B HISTORIC PRESERVATION GRANT-IN-AID PROJECTS REQUIRED DOClTh1ENTS FOR SURVEY PROJECTS . Historical and archaeological survey projects funded with historic preservation grant-in- . aid assistance require the submission of a Final Survey Report, Survey Log Sheet, and Florida Master Site File forms. This detailed historical information will be kept in the Florida Master Site File for use by state agencies, corporations, scientists, historians, and the general public. The Florida Master Site File is the statewide archive for historical and archaeological site information which is maintained by the Division of Historical Resources. For all survey projects, a Survey Log Sheet must accompany the Final Survey Report. If standing structures are recorded, a Historical Structure Form must be completed for each structure. If archaeological sites are recorded; an Archaeological Site Form must be completed for each site. Separate forms for Historical Cemeteries, Historical Bridges, Underwater Archaeological Sites, and Shipwrecks are also available for those resources. Copies of the Survey Log Sheet and Site File Forms, as well as guides to completing the forms, are available free of charge from the Florida Master Site File. All of these documents, once completed, are to be sent to the 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 Florida Master Site File. For all but the smallest survey projects (those documenting a total of 35 or fewer cultural resources), the Division of Historical Resources is requiring the use of the electronic data entry program SmartForm. SmartForm is user-friendly, running on IBM-PC compatible computers of at least the 486 class (including 80486, Pentium, and Pentium Pro), and printing with most combinations of printer and recent word processor. The SmartF orm package is free of charge from the Florida Master Site File, and includes (1) a diskette with SmartForm program, an installation program, example electronic forms, and SmartForm manual ready to be printed; (2) and an optional paper copy of the manual. A package of documents relating to survey projects is also available free of charge from the Florida Master Site File. These include general guidelines for Site File users, guidelines for packaging documents produced by survey projects in order to send them to the Site File, and a form requesting assignment and confirmation of Site File numbers. For information, contact the Florida Master Site File by one of the means below. Several of the Site File forms and documents are also available on the World Wide Web and can be downloaded as a Microsoft Word for Windows file. Contact Information for the Florida Master Site File Florida Master Site File Telephone: (850) 487-2299 Division of Historical Resources State SunCom: 277-2299 R.A. Gray Building Fax Line: (850) 921-0372 500 South Bronough Street Web Site: http//www.dos.state.fl.us/dhr/msf Tallahassee, Florida 32399-0250 Requirements for Archaeological and Historical Survey Submissions to Florida Master Site File A Survey log Sheet and USGS map depicting the project area must be included with all submittals to the Florida Master Site File. Paper Form SmartForm (Under 35 sites) New Site: New Site: 1. Survey Log sheet w/ site dbf format (Disk) plotted ori USGS map Numbered file folder with: 2. Numbered file folder with: USGS site map Site file form Black & white photo USGS site map Detailed site plan,for Black & white photo archaeological site Detailed site plan,for archaeological site If Historic Structure, a street If Historic Structure, a street map must be included in file folder. map must be included in file folder. Updated Site: Updated Site: Site file form Black & white photo Black & white photo USGS site map USGS site map Detailed site plan,for Detailed site plan, for archaeological site archaeological site If Historic Structure, a street If Historic Structure, a street map must be included in file folder. map must be included in file folder. Please contact the Florida Master Site File, (850) 245-6440, if additional forms, such as: Historical Bridge Forms, Historical Cemetery Forms or Resource Group Forms, are needed. Requirements for National Register Nominations differ from those of the Florida Master Site File. Please contact the Survey and Registration Section of the Bureau of Historical Resources, Department of State, for those requirements. The Final Survey Report is to be submitted in draft form no later than forty-five days prior to the end of the grant award period and as a final product at the end of the grant award period. Archaeological Survey Reports shall comply with the "Archaeological Report Standards and Guidelines," Rule 1A-46, Florida Administrative Code. The report shall include in the following order: a title page indicating the name of the project, the name of the author, and the date of the report'; an acknowledgments page citing the sources of funding and other significant assistance; disclaimer, and civil rights statement (civil rights statement applies to Federally funded projects only); an introduction describing the origin and objectives of the project; a description of the survey area or theme, accompanied by a Florida ,Department of Transportation county highway map or USGS topographic map outlining or highlighting the survey area with identified sites plotted on a legible map of appropriate scale; a summary of all past field surveys in the survey area of the current project and their major findings relevant to the current survey; a description of the field survey; including the specific methodology employed to identify sites, t%cate their boundaries, and to evaluate them; a summary and chronological narrative of the significant historical events or developments related to the project area or theme; identification of individuals and organizations that played significant parts in those events and/or developments; a final list of all previously identified sites located within the survey area, including the Florida Site File Number and Survey Record Number; a final list of all newly identified sites within the survey area, including the Florida Site File Number and Survey Record Number; conclusions and recommendations as to the significance of resources identified according to National Register of Historic Places criteria, local designation criteria (where applicable); and future survey, planning, and preservation action; and a list of bibliographic sources and other appropriate supplemental material. 'Page 1- Ent D (FMSF only)_I_I_ -TO,. ..]A~ ;".: . x.'." .1,& . ~ -"-.. . - ~ ,.., "f . i Survey Log Sheet Florida Master Site File Version 2.0 9/97 Survey # (FMSF only) -.) Consult Guide to tile Survey Log Sheet for detailed instructions. f{,~':Y:";d~zt":'~:;E~{;~~'''@[;;;;.g~~t~~mffint!fi~~tiQfjr~hd .BX~i.l29r:@hi~~I~tormaliq:ns,.'~8~~J~~i"i~~tf~Rif~' Survey Project (Name and project phase) Report Title (exactly as on title page) Report Author(s) (as on title page- individual or corporate; last names first) Publication Date (year) Total Number of Pages in Report (Count text, figures, tables, not site forms) Publication Information (If relevant, series and no. in series, publisher, and city. For article or chapter, cite page numbers. Use the style of Amen'can Antiquity. see Guide to the Survey Log Sheet.) Supervisor(s) of Fieldwork (whether or not the same as author[s]; last name first) Affiliation of Fieldworkers (organization, city) Key Words/Phrases (Don't use the county. or common words like archaeology. structure, survey. 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/Phone Recorder of Log Sheet Is this surveyor project a continuation of a previous project? 0 No Date Log Sheet Completed _1_1_ o Yes: Previous survey #(s) [FMSF only] Counties (list each one in which field survey was done - do not abbreviate; use supplement sheet if necessary) USGS 1 :24.000 Map(s) : Map NamelDate of Latest Revision (use supplement sheet if necessary): Dates for Fieldwork: Start _1_1_ End _1_1_ Total Area Surveyed (fill in one) hectares Number of Distinct Tracts or Areas Surveyed If Corridor (fill in one for each): Width _ meters _ feet Length kilometers acres miles HR6E0661Q-97 Florida Master Site File, Division of Historical Resources, Gray Building, 500 South Bronaugh Street, Tallahassee, Florida 3239S-0250 P/Jone 850-245-6440, Suncom 205-6440, FAX 850-245-6439, Emili/ fmsfile@mail.dos.state.n.us, Web http://www.dos.state.n.us/dhr/msfJ P:\FSF\DOCS\MOMlmom_docs\Logshetx.doc . 10/26101 3:06 PM ~DDENDU}l TO GR-\:-iT A \VARD AGREE:\iIE:"iT ;\iU;\IBER 53075 AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of St:lte as described in this Addendum to the Grant Award Agreement. MONlTORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised, monitoring procedures may include, but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate \vith any monitoring procedures/processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of St:lte staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, revie\vs, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERUL Y FlJNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-l33, as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 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 recipient shall consider all sources of Federal awards, including Federal resources received from the Department of State. The detennination 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 OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost 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 entities). 4. The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department of Banking and Finance (Comptroller) htro:/ /www.dbf.state.n.us/ Federal Office of Management and Budget Circulars Index http://www.whitehouse.>!.ov/OMB/gr:mts/index.html#ci rcu lars Governor's Office Initiatives, Florida Single Audit Act http://ww\V.mvtlorida.comlmvtloridal government' govemorin itia ti ves/ fsaa/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) http://www.leg.state.n.us.. P ART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defmed by Section 215.97(2)(1), Florida Statutes. 1. In the event that the recipient expends a total amount of state fmancial assistance equal to or in excess of 5300,000 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 Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state fmancial assistance expended in its fiscal year, the recipient shall consider all sources of state fmancial assistance, including state fmancial assistance received from the Department of State, other state agencies, and other nons tate entities. State fmancial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, 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 defmed 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 5300,000 in state fmancial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than 5300,000 in state fmancial assistance in its fiscal 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 cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 2 PART III: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB 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: Division of Historical Resources Bureau of Historic Preservation Grants and Education Section 500 South Bronough Street Tallahassee, FL 32399-0250 B. The Federal Audit Clearinghouse designated in OiVfB 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: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), ONlB 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 conducted in accordance with OMB 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), ONlB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directlv to each of the following: Division of Historical Resources Bureau of Historic Preservation Grants and Education Section 500 South Bronough Street Tallahassee, FL 32399-0250 3. Copies of fmancial 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 State at each of the following addresses: Division of Historical Resources Bureau of Historic Preservation Grants and Education Section 500 South Bronaugh Street Tallahassee, FL 32399-0250 3 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with ONrn Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with o:rvrn 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 recipient in correspondence accompanying the reporting package. PART IV: RECORD RETEI'I1ION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, Comptroller, 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, Comptroller, or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Department of State. EXHIBIT 1 FEDERAL RESOlJRCES A WARDED TO THE RECIPIENT PTJRSUA.1"'IT TO TIllS AGREE~IEI'Il CONSIST OF THE FOLLOWING: ,NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program National Park Service, U.S. Department of the Interior, Historic Preservation Fund Grants-In-Aid, CFDA # 15-904, SO.OO. COMPLL.\.J."lCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUA.1"lT TO THIS AGREEMENT ARE AS FOLLOWS: As contained in OMB Circular A-B3. 4 SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project Florida Department of State, Acquisition/Restoration of Historic Properties, CSFA Number 45.031 513,125.00 (thirteen thousand one hundred twenty five dollars). COMPLIA1'fCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUA1'iT TO THIS AGREEMENT ARE AS FOLLOWS: As contained in the Compliance Supplement to CSF A Number 45.031. The Grantee has read this Addendum to the Grant Award Agreement and has affixed their signature: MONROE COUNTY .~ Signature of Authorized Official A.PPR0 VED A . AS TO FORM I Y 5 "- ., MONROE COUNTY HISTORIC BUILDINGS SURVEY/ GMT FUNDS AGREEMENT .....THIS AGREEMENT is made and entered into thiS!6" day of ;:?C(/pr: , 2002, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and Historic Florida Keys Foundation, whose address is 510 Greene Street, Key West, Florida 33040, hereinafter referred to as "PROVIDER." WITNESSETH WHEREAS, the Florida Department of State, Division of Historical Resources has awarded a grant of funds to the COUNTY to implement a program that provides a survey of historical buildings in Monroe County; and WHEREAS, the County is in need of an implementing agency to provide said services under this Program; and WHEREAS, the PROVIDER is the sole provider of this program; and WHEREAS, the COUNTY has agreed to disburse the Florida Department of State, Division of Historical Resources grant funds to the PROVIDER in accordance with the COUNTY'S application for the Florida Department of State, Division of Historical Resources grant funds. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the PROVIDER agree as follows: 1. TERM - The term of this Agreement is from October 1, 2002, through September 30, 2003, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - The PROVIDER will provide services as outlined in the COUNTY'S Grant Award Agreement, attachments and addenda, attached and made a part hereof. 3. FUNDS - The total project budget to be expended by the PROVIDER in performance of the services set forth in Section 2 of this agreement shall be the total sum of $26,250.00. The total sum represents federal grant/state sub-grant support in the amount of $13,125.00 and local matching funds in the amount of $13,125.00, which amount shall be provided by the COUNTY through the grant matching funds account. All funds shall be distributed and expended in accordance with the terms outlined in the grant agreement. 4. INCORPORATION BY REFERENCE - The provisions of those certain documents entitled "Grant Award Agreement, attachments and addenda" therefor and all laws, rules and regulations relating thereto are incorporated by reference, (Attachment C). 5. IMPLEMENTING AGENCY BOND - The PROVIDER is an implementing agency under the COUNTY'S Florida Department of State, Division of Historical Resources grant program, and shall be bound by all the provisions of the documents incorporated by reference in Section 4 of this Agreement. Additionally, 'the PROVIDER shall be bound by all laws, rules, and regulations relating to the COUNTY'S performance under the Florida Department of State, Division of Historical Resources grant program. 6. BILLING AND PAYMENT (a) The PROVIDER shall render to the COUNTY, at the close of each calendar month, an itemized invoice properly dated, describing the services rendered, the cost of the services, and all other information required by the Program Director. The original invoice shall be sent to: Monroe County Grants Administrator 1100 Simonton Street origin, sex, age, political affiliation, beliefs, or disability be subject to discrimination under any program or activity which the PROVIDER has agreed to undertake by and through the covenants and provisions set forth in this contract. "Vhen 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. 13. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. 14. INDEPENDENT CONTRACTOR/EMPLOYEE STATUS - The PROVIDER is an independent contractor. No statement in this agreement shall be construed so as to find the PROVIDER, its employees, contractors, servants, volunteers, or agents to be employees of the COUNTY. Persons employed by the PROVIDER in the performance of services and functions pursuant to this Agreement shall have no claim to pension, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the COUNTY'S officers and employees either by operation of law or by the COUNTY. 15. INDEMNIFICATION - The PROVIDER agrees to hold harmless, indemnify, and defend the COUNTY, its commissioners, officers, employees, and agents against any and all claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or related to the provision of services hereunder by the PROVIDER. 16. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. 0"$, c ~. 1 S WHEREOF, the parties to this Agreement have caused their names to be e proper officers thereof for the purposes herein expressed at Monroe he day and year first written above. COMMISSIONERS , FLORIDA By' By: Mayor/Chairman .. <. u. ~ c A~ser log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel must be submitted in accordance with Florida Statute 112.061. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requ(res the original passenger receipt portion of the airline ticket, A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination'. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the , actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Meal reimbursement is: breakfast at $3.00, lunch at $6.00, and dinner at 512.00. I'vleal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after -2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Mileage reimbursement is calculated at .29 cents per mile for personal auto mileage while on County business. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving form one's home to the airport for a business trip is not a reimbursable expense. Non-allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non-sufficient check charges, penalties and fines. SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE -'Lr} ,. '- \ i'.< k ('0' ';"V""J warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. STATE OF Jj(~rIJy... COUNTY OF ~ f1 ~~ r!:V PERSONALLY APPEARED BEFORE ME, the undersigned authority, & J it- r\.. ~~b~ who, after first being sworn by me, affixed his/her (name of individual signing) ~~CI'W\O..\~ ~ signature in the space provided above on this ~)?~ day of . . ..) .-}.. o C-\l)~ ,20~. ~~C- ~~ NOTARY PUBUC My commission expires: f~\~u...t~ ~2., ~~bS- ,''''lIt.,~' Dona Mccer~"'6 ....~VP~',~ {;oml:l1Jlionj 77-' OMS - MCP FORM #4 ~W ~\ --'rea Feb. u,2.00S -. .- ~n_~""- S ..c: --- .-- lie. ... f:tt\\\ ,. A$atI& BDDd!II Ge.. Historic Preservation Grant Award Agreement Survey & Planning Grants - Advanced Payment Grant No. S3075 This AGREEME:\'T is bet\\:een the State of Florida, Department of State, Division of Historical Resources, hereinafter referred to as the Department, and the i\Ionroe County, a political subdivision of the State of Flo:-:ca. hereinafter refe:Ted to as the Grantee, relative to the i\'lonroe County Historic Buildings Survey Project, hereinafter referred to as the Project, and is entered into this day of 2002, and shall end on June 30, 2003. The Department is responsible for the administration of grant-in-aid assistance for historic preservation pu~oses under the provisions of Section 267.0617, Florida Starutes. The Grantee has applied for grant-in-aid assista::ce for the Project. The application, incoI1'orated by reference, has been reviewed and approved in accordance \\lith Cb?ter 1A-35, Florida Administrative Code, which regulates Historic Preservation Grants-in-Aid. Subject to the li::::t:lt:ons set forth in this Agreement, grant-in-aid funds in the amount of thirteen thousand one hundred twenty five dollars (S13,125.00) have been reserved for the Project by the Department. The Department and the Grantee agree as follows: I. The Project sh?-ll include the following authorized project work: A. Conduct a Historic Architectural Survey in unincorporated Monroe County. Florida Master Site File forms will be completed or updated on all identified sites. A Survey Log Sheet and Final Survey Report will be produced. B. A draft of the Survey Report and five sample Master Site File forms, including photos and maps as per Attachment B of the Grant Award Agreement, will be submitted to the Department no later then forty-five days prior to the end of the grant period for review and approval. C. Two copies of the Final Survey Report with one Survey Log Sheet and one copy of Florida Master Site File forms with photos and maps, will be submitted to the Department at the end of the grant period as final products. II. The Grantee agrees to administer the Project in accordance with the GENERU A.;"'D SPECIAL CONDITIONS GOVERNING GR.~"'TS .-'\SD THE ADl\UNISTR-'\.TIVE L'ISTRUCTIONS FOR HISTORIC PRESERVATION PROJECT ACCOUNT.-\.BILITY attached as AttJchment "A". and Chapter lA-35, Florida Administrative Code, and the following specific conditions: A. The Grantee agrees to complete the Project by June 30,2003 and submit the Final Products and the Final Progress Report and Final Expenditure Report, as specified in Attachment "A", Part II, subparagraph B.2., \vithin 30 days of completion of project work. No COSts incurred prior to the commencement date of this Agreement are eligible for payment from grant funds. ~o costs incurred after the above project work completion date will be eligible for payment unless specifically authorized by t.~e Department before the cost is incurred. B. The Department shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the Department. The Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee, its agents, servants or employees. ~1. The Gr:lntee will not discrimin:lte ag:linst any employee employed in the per:orm:l:1ce of this Agreement, or against :my applicant for employme:1t because of race, religion, color, handic::p. national origin, age, gender, or marital status. The Grantee shall insert a similar pro...i~ion in Jll subcontracts for services by this Agreement. N. The Department shall not be liable to pay attorney fees, interest, hte charges :lnd service fees. or cost of collection related to the grant. O. These grant funds will not be used for lobbying the Legislature, the Judicial branch or any state agency. P. Each grantee, other th:m a grantee which is a State agency, shall submit to an audit or submit an attestation statement pursuant to Section 216.3..19, Florida Statutes. Q. The product of the Project must be the original work of the Grantee or its consultJnls. If the work of others is used as background information, it shall be appropriately credited to the originator. III. The Department agrees to pay the Grantee for 50% of the Grantee's total cash expenditures and donated values, so long as the Grantee's cash expenditures equal or exceed the amount of donated values, up to a maximum payment of thirteen thousand one hundred twenty five dollars (S 13,125.00) If the donated values exceed the amount of cash expenditures, the Department shall only pay the Grantee for 100~o of actual cash expenditures up to a maximum payment of thirteen thousand one hundred twenty fhe dollars (S13,125.00). In order for any expenditure to qualify for payment, it must be properly documented, be for work performed during the term of the Agreement, and for a charge which is reasonable in amount and directly related to and necessary for the completion of the authorized project work. The total amount as prescribed above shall be made to the Grantee in four quarterly installments. The f;.:st three may be made at the beginning of each quarter for which they are alloned. Grantees shall submit the four signed Requests for Advanced Payment Forms (No. HR1E560397, effective 3/97), herein incorporated by reference, with this signed Grant A ward Agreement to initiate the grant. The Grantee shall submit to the Department a completed "Progress and Expenditure Report" form for every reportL.'1g period of the grant period. Progress and Expenditure Reports shall be received by the Department within 30 days of the ending of a reporting period. Within 30 days of completion of project work, the Grantee shall submit the completed "Final Progress and Expenditure Report" form to the Department. Tne last grant payment installment shall be payable during the last quarter for which alloned and upon receipt and verification of the Grantee's Final Progress and Expenditure Report and verification of all previously submitted Progress and Expenditure Reporrs. When advance payments have been made by the Department, adjustments for overpayments shall be made quarterly and upon receipt of the Final Progress and Expenditure Report, unless otherwise agreed by the parties. In addition, in the event that all project work which is the subject of this Agreement is not fully completed in both a timely and satisfactory manner, the Department reserves the right to der;::and and receive full reimbursemem of all sums which it has paid the Grantee unde:- this Agreement. Payment for project costs will also be contingent upon all authorized project work being in compliJnce with the aforementioned Secretary of the Interior's Standards, and the inspection and approval of the grant assisted work by the Deparnnenr. Tne Department further agrees to the following conditions: X. This Agree:nent shall bind the successors, assigr'.s and legal representatives of :he Grantee and of any legal entity that succeeds to the obligation of the Department. XI. The following provisions shall apply for the voluntary and involuntary suspension or termination of the grant by either the Department or the Grantee: A. Suspension. Suspension is action taken by the Department which temporarily wiL.1draws or lirn.its the Grantee's authority to utilize grant assistance pending corrective action by the Grantee as specified by the Department or pending a decision by the Department to terminate the grant. 1. ~otification. \Vhen the Grantee has materially failed to comply with the terms and conditions of the grant, the Department may suspend the grant after giving the Grantee reasonable notice (usually 30 calendar days) and an oppommity to show cause why the grant should not be suspended. Tne notice of the suspension will detail the reasons for the suspension, any corrective action required of the Grantee, and the effective date of the suspension. 2. Commitments. No commitments of funds incurred by the Grantee during the period of suspension will be allowed under the suspended grant, unless the Department expressly 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 parry contributions applicable to the suspension period shall not be allowed in satisfaction of matching share requirements, unless otherwise agreed by the parnes. 3. Adjustments to payments. Appropriate adjustments to the payments submitted after the effective date of suspension under the suspended grant will be made either by withholding the payments or by not allowing the Grantee credit for disbursements made in payment of unauthorized costs incurred during the suspension period. 4. Suspension period, Suspensions will remain in effect until the Grantee has taken corrective action to the s'!-tisfaction 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. 5 All written approvals referenced in this Agreement must be obtained from the parries' grant administrators or their designees. The Department and the Grantee have read this Agreement and the Attachments hereto and have affixed their signatures: DEPARTMENT OF STATE JANET SNYDER ~LA. TTHEWS, Ph.D. Director, Division of Historical Resources MONROE COUNTY Signature of Authorized Official Typed Name and Title of Authorized Official 7 ., Introduction and Definitions I;) accorcance with the ~rovisior-:s of Che:Jter 257, riorica Statutes, the Division of Historical Resources. DeJartme'lt of St2te is responsi:'le Tor the aC,--;;inistraticn of a comprehensive program cf historic preserJ2tion 2ctivities in Floriea, anc is authcr::ec to par~jcipate in ene receive funding 2ssis:ence 7r07- the Federal historic preservation progrer:: 2crnir-:isteree :'y the Netion21 P2rk Service, United Stetes Depar-:71ent of the Interior as authorized by the Nationel hs~oric Preservation Act of 1966, as amenc:ec:. r,lajor funcing Tor the overall program is c:erived from State funds euthorizec: by the Fiorida Legis!eture en: fro:71 the ann'Jal 2p;:cr:ior,mei',t of receral funcs to Fiorica through the Fec:eral historic preservatieil ~r:~r2m. T:-:e aware and administraton of grant-in-aic 2ssistance fer historic preservation projects to be carriee ot..:t by public 2gencies or prese,"V2tion organiza:ior,s at the local level is one eier71e'lt of the State's cor~lprehensive historic preser/2tion progrem, Gra;lts are awarced Tram Tunds available in the Historic Freser."ration irust Func estabiished under 2uthority of Section 267.0617, Fiorie2 Statutes. These funes may inc!uee 2 part of the Federal Tunes appo~ioned 2nnual!y to the State, as we!1 2S Funes 2ppropri2te:: fer this pL.:r;:lose by the S~ate Legislature 2r,d Tunes contributed from other sources. The cest of 2cministering historic preservation projects gr2:"1ts is inC!L.:eed in the overall costs of the comprerlensive program, anc is supported in part by the annU21 2pportionment of Feder21 Tunds. Co~tjnued eligibility for Federal funeing assist2nce requires that the State's com;xehensive historic preserv2tion program be 2dministered in 2ccordance with Federal laws, regulations, and conditions, 2S well as those of the State of Fiorida. The General and Special Conditions Governing Grants 2nd the Aeministrative Instructions for Historic Preservation Project Accountability containec: herein are intended to inforiil gr2ntees of 2nd assure gr2n:ee compiiance with the Federal and St2te requirements 2ppiicabie to historic preservation projects grants, Definitions "Allowable project costs" are the direct costs in c2sh expenditures and v21ue of in-kind donations that are necessary to the 2ccomplishme:1t of author:zec: project work, incurred during the project perioc, an::: :::;roperly documentec in accoreance with the Department's Administr2tive Instructions Tor Historic F reservation Project Account2bility. "Authorized project work" means those activities described in Section I of the grant aW2rd 2greement or in a fully executed amencment thereto. "Department" means the State of Florida, Department of St2te, Division of Historical Resources. "Grantee" means the agency, organiZ2tion, or inc:ivid~al nar,ed in the grant award 2greement. "Grant period" means the periOd of time beginiling on the effective e2te of the gr2nt 2w2rd 2greemerlt 2nd ending on the date s;>ecified in the grant aW2rc agreement. "Project funds" refers to all amounts 2v2ila!Jle for or expended in connection with the authorized project 'Nork, whether derived fror.1 State or Feder21 gra'lt share or loc21 f"n2tching share sources, pubiic or priv2te, and whether provieed in cash or in-kind. "Project period" meailS the periOd of time beginning on the effective d2te of the gr2nt aW2rd agreeme'lt 2nd ending when the project completion report is 2pprovec ::'y the Department or on the C2te otherwise specified in the gr2nt 2w2rd agreement or 2ny amenc:71er.,t tt:ereto. e"ccrsemer,t or recemmer:c2::er, by the Depar.i7',en: of the In:erior or ::-:e Fiorica Dep2rtment of State. This progr2m receives Feceral financ;21 assis:.::mce fer icentification and protection of historic properties. Ur,cer Title VI of the. Civil Rights F.ct of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discriminatio,.., P..at of 1975, as amended, the U.S. Department of the Interior prohibits ciscr:minat:or: on the basis of race, coior, national origin, disability, or age in its federally assis:ec programs. If you believe you have been discriminated against in any prograr;;, activity, or facility as described above, or if you desire further information, piease write to: Office of Equal Opportunity, National Park Service, 1849 C Street, NIN, Washington, DC 20240." g. State Funded Projects: All news releases and :Jromotional materials re!atino te tr:e project shaIl contain acknowlecgment of grant 2ssistance, substantiaIly as fo!lcv,;s: "This project (or publication) has been financed in part with historic preservation grar,t assistance provided by the Bureau of Historic Preservation, Division of Historica! Resources, Florida Department of State, assisted by the Historic Preservation Advisory Council. However, the contents and opinions do not necessarily reflec; tr:e views and opinions of the Fiorida Department of State, nor does the mention of :rade names or commercial products constitute endorsement or recommend2tion by t:--,e Fiorida Department of St2te. 2. Amendments to the Grant Award Agreement. All amendments to the grant aware 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 Scope of Project Work. The grantee may not, without formal amendment cf the grant award agreement, make changes in the scope of the project which would alter the allowable project work or services as stipulated in the grant award agreement or make any changes which might result in a deviation from the intent of the legislation which author:zec the award of the grant. In the event of uncertainty, questions should be referred to the Department for ~nal determination. 4. Extension of Grant Period. No extension of the grant period will be authorized witho'..;t formal amendment of the grant award agreement. 5. Timeliness of Work. The grantee shall cause work on the project to be commenced within a reasonable time not to exceed ninety (90) days after the effective date of the grant aware agreement. The grantee shall prosecute the authorized project work to completion with reasonable diligence and within the project period. 6. Project Supervision. The grantee will assure that competent and adequate professio::a! supervision and inspection is provided and ensure that the completed work confori71S to the approved standards and specifications. 7. Conflict of Interest. The grantee' shall comply with the laws of the State of Florica governing conflict of interest and stancarcs of ethic21 conduct, including Chapter 112, Far: III, Florida Statutes. In addition, no grantee offici21, employee, or consult2nt who is authorized in his or her official capacity to negotiate, make, accept, approve, or t2ke par: ir. cecisions regarding a contract, subcontract, or other agreeme,..t in connection with a ,:;ra:-: assisted project shall take part in any decision relating to such cor, tract, subcontract or ctne" acreement in which he or she h2s any financial or other interest, or in which his cr her s~ouse, minor child, or partner, or a:ly organization in which :--,e or she is se:-/lr,g as ar. officer, cirector, trustee, partner, or employee of which he or she has or is negoti2ting any arrangement concerning employment has such interest. engaglr.g In voter registration cr voter transiJor.a:ion activity, or oL~er partisan political activities. 15. Hatch Act. No officer or employee of the State whose principal employment is in connection with any activity which is financec in whole or in par. with grant assistance shall take part in any of the political activity proscri~ec in the Hatch Political Activity Act, 5 USC i 501 et. sec;., as amended, with its stated exce,::;ior,s. 16. Lobbying Activity. No part of the project fcnes shail be used, either directly or indirectly, to pay for any personal service, advertisement, tele<;ram, te!ephone, letter, printec or writen matter, or other device, intencec or designed to influence in any manner a Member or 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 t:-,e ir,troductio:l of any bill or resolution proposing s:..;ch legisia:ion or appropriation, as proscribed in 18 USC 1913. 17. Safety Precautions and Liability. The Department assumes no respor,sibility 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. Federally Funded Project Audit Requirements. Non-Federal entities that expend 5300,000 or more a year in Fecerai awards must have a single or prograr.l-specific audit conducted in accordance with OMS Circular A-133. 19. Reports, Records, and Inspections. The grantee will submit financial, program progress, evaluation, and other reports as required by the Department and will maintain such prope;ty, personnel, financial, and other recorcs and aCCCU:lts as are deemec necessary by the Department to assure proper accocnting 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 ir.for;-nation as, in the judgment of the Department representatives, may be relevant to a question on cOr.lpliance with giant conditions and the effectiveness, legality, and achievements of the program. 20. Examination of Records. The Secietarf of State of the State of Fiorica and the State Auditor 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 tir.les during a period of five years following completion of the project, or until all daims or audit findings have been resolved. 21. Disclosure of Information. I ne grant awaid agreement may be canceled by the Department without prior notices for. refusal by the grantee to allow public access to all B. Special Conditions Applicable to Acquisition and Development Projects. I :,e fOilowi"g see::;:a: concitions apply to grant assisted projects involving the ac::;uisition, preservation, p~c:ec:ion, res:ora::on, re~abilitation, stabilization, or construction of a site, building, structure, or object. _ 1. Accessibility for the Disabled. Tr,e grantee shall ensure that the crarit assis:ed ;Jrooe"v r,;,eets the rec;uireme;:ts of the AiT.ericans wit.'": Disabilities Act, PtJbliC-L.2w101-23c; Se'::t;c~ 25.21, Florica Statutes; and Part V, Chapter 553, Florida Statutes regarding ac::essibility for the disabled. Specificatior.s for project work must conform with the "Specificatior.s for tvlaking Builcings and Facilities Ac::essible to, ar.d Usable by, the Physically Hanc:::2ppec" published by the American Natior.al Standarcs Institute and The Secretary of the ;r;terior's Standards for Rehabilitation. 2. Project Signs. When grant assistance is proviced for acquisition or cevelopmerit 'Ncrk, a project icentification sign will be displayec 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 ("sua/ly 2x4 feet), be constructed of plywood ar other durable material, and ice;;tify the ;::roject anc source of grant s:Jppor:. Any variation in the above specificaticns i7:t.':St be a;Jproved by the Department. The sign warding shall contain acknawlecgment of g~ant assistance: "THIS PROJECT 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 BYTHE HISTORIC PRESERVATION ADVISORY COUNCIL." The costs of preparation and erection of the project identification sign are allowable project costs; routine maintenance costs of signs are not allowable. 2. How to Obtain Goods and Services (Documentation of Procurement Procedures). 5e sure that your organization provides maxir.1um free competition when procuring goods and services related to your grant assisted project. Every effort must be made to L.:se small business firms, minority owned firms, women's business enterprises, and labor s:.Jrplus areas. With the one exoeption noted below, the grantee must obtain goods and sefi/ices by using one of the following methods: a. Small Purchase Procedures. Goods and services may be procured by ;:Jurohase order, acceptance of vendor proposals, or other appropriate procurement tocument, provided that: (1) you request cost quotes or proposals from three or more vendors; and (2) you are provided with an adequate description of the goods and ser/ices available. b. Competitive Negotiation. Professional sefi/ices may be procured by competitive negotiation procedures in the following manner: (1) Request proposals from three or more competitors; (2) Evaluate and rank their qualifications; and (3) Select the most qualified competitor, ensuring fair and reasonable competition. Be sure that you have also done the following: (a) Publicized the request through notices in local newspapers or trade journals, in addition to individual solicitations; and (b) Identified all significant evaluation factors and their relative importance in the request for proposal. c. Competitive Sealed Bids. Contracts for the procurement of goods and sefi/ices may be let on the basis of sealed bids solicited through formal advertisement in newspaper of local or area circulation. Be sure to include the following items in your advertis ement: (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. d. Exception. The following method must be used by departments or agencies of the state; and by units of county, mu'nicipal or other local government: Professional architectural, engineering, landscape architectural, or land surveying and mapping sefi/ices must alwavs be selected throuah comoetitive neaotiation orocedures as stipulated in the "Consultants' Competitive Negotiation Act", Section 287.055, Florida Statutes. e. Qualification of Contractors. It is essential that the project be supervised and carried out by personnel possessing training and experience appropriate to the nature 9 (2) Procurement by the competitive sealed bid method shall be priced on a firm- fixed-fee basis. (3) Procurement based on cost-plus-percentage-of-cost or percentage-of- construction-cost contracts shall not be included in eetermining allowable project costs. h. Documentation to be Submitted to the Department. The grantee shall submit the following items to the Department as evidence or compliance with procurement procedures prior to the execution or 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 bies received and the basis for contractor selection _ to be submitted upon completion of the selection process; and (3) a copy of the final contract - to be submitted for review and approval by the Department prior to final execution by the grantee. 3. Documentation of Project Costs. The grantee shall submit a Project Progress and Expenditure. Report for every reporting period of the grant. a. 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 accordance with the grant award agreement. The Department will review each Expenditure Report, and make its determination of the eligible costs on the basis of the following criteria: (1) Allowable project costs shall include: (a) costs incurred by contract for procurement of goods and services approved by the Department; (b) costs incurred by properly documented small purchase procedures; (c) costs incurred by the grantee for the following items applied directly to authorized project work: i. accounting: the cost of establishing, maintaining, and auditing financial accounts; ii. communications: specific charges for telephone, telegraph, or other communications services; Hi. employee salaries and benefits; iv. materials and supplies; v. procurement services: the cost of advertising, solicitation, processing, and administration of procurement contracts; vi. reproduction: the cost of limited reproduction of reports, forms, and project documents; 11 (3) copies of in-kind (salary) services forms indicating the cates and hours devotee to authorized project work signed by both the employee and the supervisor; anc (4) copies of payroll registers for all pay ;Jeriods claimed for each e~pioyee or the front and back of oanceled ohecks for all pay periods claimed for each employee. e. Federally Funded Projects-Documentation of Donated Values. As with State funded grant projects, the value of donated materials and volunteer services is not eligible for grant funds, but is allowable in determining the grantee matching share. In addition to providing a listing of conated materials and services in the EX;Jenciture Re:;ort, grantees receiving i=eceral grant assistance must also submit the following documen:ation as ap;Jlicajle: (1) copies of donated materials forms indicating the materials donated and their value signed by both the donor and the project supervisor; and (2) copies of donated services forms indicating the dates and hours devoted to authorized project work signed by both the volunteer and the project supervisor. 4 Transfer of Grant Funds. Grant funds sh211 be transferred to the gr2ntee in four c;u2rteriy payments. Payment for the first quarter shall be transferred upon receipt by the Department oiw the grantee's first Progress and Expenditure Report. Grant funds for the second quarter will be sent to the grantee upon receipt of a second Progress and Expenditure Report. The third quarter payment shall be transferred upon receipt of the third Progress and Expenditure Report. The final quarterly payment will be transferred to the grantee upon completion of the grant project and submission and review of a properly documented Final Project Progress and Expenditure Report, and a determination by the Department that the grantee has complied with all terms of the grant award agreement. The fourth quarterly payment cannot be transferred to the grantee prior to the fourth quarter. For state agencies and state institutions of higher education, grant funds may be transferred on a reimbursement rather than advanced payment basis. Journal Transfers will be processed upon receipt by the Department of an invoice for the amount requested for reimbursement (50% of the allowable project costs incurred during this billing period), and a completed Request for Journal Transfer form. a. Incremental Payments: The total of grant funds transferred to the grantee in resiJonse to requests for incremental ;:Jayrr:ents prior to final completion of the project work shall not exceed seventy-five percent of the amount reserved for the project as stated in the grant award agreement. b. Final Payment: The total of grant funds tr2nsferred to the grantee following final project completion, including all"funds ;:Jreviously transferred in incremental payments, shall not exceed the amount of the grantee's actual c2sh expencitures in payment of allowable project costs. B. Project Progress and Completion Reports. A Project Progress Report is required for all grant assisted projects, regardless of the type of work involved: 1, Project Progress Report. To be submitted at the end of each quarter within the grant period. It should be submitted in conjunction with the EXiJenditure Re;Jort. This report s;.all include: 13 g. a summary and chronological narrative of the significant historical events or developments related to the project area or theme; h. identification of individuals and organizations that played significant parts in those events and/or developments; i. a final list of all previously identified sites located within the survey area, including the Florida Site File Number and Survey Record Number; J. a final list of all newly identified sites within the survey area, including the Florida Site File Number and Survey Record Number; k. conclusions and recommendations as to the significance of resources identified according to National Register of Historic Places criteria, local designation criteria (where applicable); and future survey, planning, and preservation action; and I. a list of bibliographic sources and other appropriate supplemental material. 2. Survey -Log Sheet. To be submitted with the Final Survey Report. The Survey Log Sheet form shall be provided to the grantee by the Department, and shall be completed as specified in Attachment B. 3. Florida Site File forms. To be submitted with the Final Survey Report for all sites recorded during the survey, These forms shall be completed as specified in Attachment B. D. Reports Required for Community Education Projects and Preservation Planning Projects. In addition to the reports described in B. above, a draft of the final product will be submitted to the Department no later than forty-five days (45) prior to the end of the grant period; supplemental reports or drafts of the final product may be required to be submitted for community education and preservation planning projects depending on the nature and scope of the individual project. 15 "- '~ Requirements for Archaeological and Historical Survey Submissions to Florida Master Site File A Survey log Sheet and USGS map depicting the project area must be included with all submittals to the Florida Master Site File. Paper Form SmartForm (Under 35 sites) New Site: New Site: 1. Survey Log sheet w/ site dbf fonnat (Disk) plotted ori USGS map Numbered file folder -with: 2. Numbered file folder with: USGS site map Site file form Black & white photo USGS site map Detailed site plan,for Black & white photo archaeological site Detailed site plan,for archaeological site If Historic Structure, a street If Historic Structure, a street map must be included in file folder. map must be included in file folder. Updated Site: Updated Site: Site file form Black & white photo Black & white photo USGS site map .USGS site map Detailed site plan,for Detailed site plan,for archaeological site archaeological site If Historic Structure, a street If Historic Structure, a street map must be included in file folder. map must be included in file folder. Please contact the Florida Master Site File, (850) 245-6440, if additional forms, such as: Historical Bridge Forms, Historical Cemetery Forms or Resource Group Forms, are needed. Requirements for National Register Nominations differ from those of the Florida Master Site File. Please contact the Survey and Registration Section of the Bureau of Historical Resources, Department of State, for those requirements. Page 1 E:1t 0 (rr/1SF only)_/_/_ " ---~. J.,'" " - -.- ,,' 'l<:'~- . ; Survey Log Sheet Florida Master Site File Version 2.0 9/97 SU:"/sy ;: (::MSF enly) Consult Guide to tlJe SUlYey Log Sheet for detailed instructions. :: =,.,' ,';'::" ';~~:~:;:?:,"~~;.:,;;;r~:D d~'n!!rt ~'ati6'n "'an d Bib Ii Citfrap lif c':ii1fo rrna!i c.n ::;H,:.~;:~~.:?~.t~,/'{;t.::;::> :'<t"~,;<:7i~;:~fl'S' Survey Project (Nar.1e and project phase) Report Title (exactly as on title page) Report Author(s) (as on title page- individual or corporate; last names first) Publicatior, Date (year) Total Number of Pages in Report (Count text, figures, tables, not site forms) Publication Information (If relevant. series and no. in series, publisher, and city. For article or cna;Jter, cite page numbers. Use the style of Amen'can A:;t'qlJity. see Guide 10 Ihe SUNey Log Sheet.) Supervisor(s) of Fieldwork (whether or not the same as author[s]; last nar.1e first) Affiliation of Fieldworkers (organization. city) Key Words/Phrases (Don't use the county, or common words like archaeology. strJcture, sur....ey. archilecture. 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/Phone Recorder of Log Sheet Is this surveyor project a continuation of a previous project? 0 No Date Log Sheet Completed _1_1_ o Yes: Previous survey #(s) [FMSF only] I' '~;',,:;::::t.. ,-,_:.: ':::,;;S;,,,: :;<::;;?p;~}~';;'::<~~;~:,~~~~;.':'~6:.::Sc,-..:; ;~:':': Ma pping -,~;~'j::';~c~?~~:~ ',' i,i~~.{j::::?_'L.~~,':~;~.:;~:;,i: :;,~:.;::;:~:J~}:i.~:::~::2S I Counties (List each one in which field survey was done. do not abbreviate; use supplement sheet ii necessary) USGS 1 :24.000 Map(s) : Map NamelDate of Latest Revision (use supplement sheet if necessary): c':..y.-t'L; ':I-.::::j',7:;i':?~' :i:E:;,{i:;:'~'i:;~i.;{f.;(:.~\~'E;:1.g~:;,: D'esed ptio. hjJ fg~. Ney.Are f~~~~.~:~:;~~:~~~:~;,.:~;~~;::: .~~- Dates for Fieldwork: Start _1_1_ End _1_1_ Total f..rea Surveyed (fill in one) hectares Number of Distinct Tracts or Areas Surveyed If Corridor (fill in one for each): Width _ meters _ feet Length kiiometers acres miles HR5E0661 0-97 Florida Master Site File, Division of HistoricJI Resources, Gra)' Buildin~, 5<)0 South Bronough Street, Tallahassee, Florida 32399-0250 P/::Jne g 50,245-6440, Sun,:ol17 205-6440, FAX' 850-245-&4 39, cm;;/I fmsfile@mail.dos. s~te.r..us, W!!O ht:;:l:/Iwww .dos.st.Jt eon ,us/dhr/msfl P:\~SF\DOCS\MOM\rnom_docs\LO\;shetx.doc 10/251013:06 PM .L The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department of Banking and Finance (Comptroller) htto://www.dbf.state.fl.us/ Federal Office of Management and Budget Circulars Index httu:/ /www.whitehouse.gov/OMB..grants/index.htm [#circu lars Governor's Office Initiatives, Florida Single Audit Act h :/ /www.mvflorida.comlmvtlorida/ "ovemment! "overnorin itiatives/fsaa/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) httu:/ /wwv./ .leg.state. fl. us/ PART II: STATE FUNDED 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 fmancial assistance equal to or in excess of $300,000 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 Office of the Governor and the Comptroller; and Chapters 10.550 (local goverrunental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement 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 sources of state fmancial assistance, including state financial assistance received from the Department of State, other state agencies, and other nons tate entities. State fmancial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a fmancial reporting package as defined by Section 215.97(2)( d), Florida Statutes, and Chapters 10.550 (local goverrunental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $300,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in state fmancial assistance in its fiscal 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 cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 2 3. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with OlvIB Circular A-133, Florida Statutes, and Chapters 10.550 (local gove:mnental entities) or 10.650 (nonprofit and for-profit orgmizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with OMB 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 recipient in correspondence accompanying the reporting package. - PART IV: RECORD RETE1'.'TION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, Comptroller, 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, Comptroller, or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Department of State. EXHIBIT 1 FEDER\L RESOlJRCES AWARDED TO THE RECIPIEXT PlJRSUANT TO THIS AGREEME:1\l CO='i"SIST OF THE FOLLO'WI:\TG: ,NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same injonnation shown below jor each Federal program and show total Federal resources awarded. Federal Program National Park Service, U.S. Department of the Interior, Historic Preservation Fund Grants-In-Aid, CFDA"# 15-904, SO.OO. COMPLIANCE REQlJ1:REl\1El\lS APPLICABLE TO THE FEDER-\L RESOl:JRCES AWARDED Pl:JRSUANT TO THIS AGREEl\tIENT ARE AS FOLLOWS: As contained in OlviB Circular A-133. 4 MONROE COUNTY, FLORIDA REQUEST FOR QUALIFICATIONS: "HISTORIC PRESERVATION SERVICES" OVERVIEW Monroe County has received a grant to conduct a historic buildings survey for unincorporated Monroe County and to prepare Florida Site File forms for eligible structures. The County is requesting proposals from consultants qualified and experienced in conducting such surveys. This survey has been financed in part with historic 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 Historic Preservation Advisory Council. SCOPE OF WORK The project will require: 1. Fieldwork in unincorporated Monroe County to identify all pre-1953 aboveground historical resources. This region INCLUDES and is not limited to Key Largo, Tavernier, Long Key, Conch Key, Duck Key, Big Pine Key, No Name Key, Little Torch Key, Middle Torch Key, Big Torch Key, Ramrod Key, Summerland Key, Cudjoe Key, SugarloafKey, Saddlebuch Key, Boca Chica Key, Big Coppitt Key, and Stock Island. The region EXCLUDES the incorporated municipalities of Key West, Marathon, Key Colony Beach, Islamorada, and Layton. Preliminary statistical analysis indicates that approximately 500 buildings may qualify. 2. Preparation of Florida Master Site File forms according to the requirements and guidelines of the Florida Department of State. 3. Photographic documentation of all resources. 4. A map or maps indicating the locations of all resources. 5. Historical research, identifying significant persons, architectural types, and themes, relating to the history of Monroe County, the State of Florida, and the nation. 6. A Final Report, summarizing the findings of the survey project, noting concentrations of resources that may constitute a historic district or districts, connecting the County's remaining above-ground historic resources with those persons, architectural types, and themes identified in historical research, and making recommendations regarding the preservation of identified resources, The Final Report must meet the requirements stipulated in Attachment "A" to the Grant A ward Agreement between the Florida Department of State and the County. This Agreement will be provided to the successful consultant prior to final negotiations and be made a part of the contract. 7. Five (5) hard copies of all forms, photographs, maps, and reports for distribution to the Monroe County Planning Department, the Monroe County Building Department, the Islamorada Library, the Tavernier Historical Group, and the Historic Florida Keys Foundation. 8. Preparation and submission of interim reports to the County for assistance in preparing its Quarterly Reports to the Department of State. The project should be completed by June 30, 2003. CONSULTANT QUALIFICATIONS Prospective consultants will be evaluated according to the following requirements: 1. Qualification for work in historic preservation as defined in 36 Code of Federal Regulations, Part 800. 2. Qualification for work in historic preservation according to the Florida Division of Historical Resources, notably if this includes a previous established working relationship with the Division. 3. Educational background in historic preservation, architectural history, and history. 4. Past work experience in historic preservation surveys, especially in rural Florida or similar environments. 5. Familiarity with the geography, history, and culture of the Florida Keys. 6. Technical ability to handle the transportation, photographic, and mapping requirements of the project. 7. The overall quality of the Proposal. 8. References. BIDDING PROCESS To be eligible for selection, interested firms must submit six (6) sets of the following information in collated proposals, officially signed by a company officer: 1. General background and history of the firm's experience in conducting historic preservation surveys, particularly in Florida. Identify, where appropriate, certificate(s) or authorization to offer professional services of this nature in Florida. 2. Any contractual arrangements between or among firms, if subcontracting. 3. A list all professionals and their areas of responsibility for specific categories of work. 4. Biographies, resumes, or other relevant information for each key staff member assigned to this project. 5. Staff organization chart. 6. Samples of similar previous projects. 7. A list of other municipal, county, state, and federal organizations for which consultants have worked, especially those for whom other preservation surveys have been conducted. 8. A preliminary budget estimate. 9. Appropriate and current Federal 254 and 255 forms, if available. 10. Any other data supporting the firm's ability to perform these professional servIces. Respondents to this RFQ will be rated based on the factors enumerated above. The County mayor may not request interviews. Upon establishment of the ratings, the County will enter into negotiations in accordance with the Consultants Competitive Negotiations Act. Proposals must be submitted in a sealed package no later that 2:00 p.m, (local time) on Friday, January 31,2003 to: Monroe County Purchasing Supervisor 2nd floor, Room 2-212 1100 Simonton Street Key West, Florida 33040 Packages must be marked: "RFQ Historic Preservation Services." Late proposals will not be accepted. Monroe County reserves the right to reject any and all proposals, and to re-bid the proj ect. Further information may be obtained by faxing 305-292-4515 or calling 305-292-4466 Lisa Ernst Cherry, Purchasing Supervisor at the County's Purchasing Department. HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION I) PROJECT TITLE: Monroe County Historic Buildings Survey 2) APPLlCA1~T: Monroe County 3) AMOUNT REQUESTED: $13.125 MATCH/LOCAL COST SHARE AMOUNT: $13.125 4) PROJECT TYPE (CHECK ONE PLEASE) _SPECIAL CATEGORY; _ACQUISITION & DEVELOPMENT; -1L-SURVEY & PLANNING; _COMMUNITY EDUCATION; _CLG; _MAIN STREET; _NON-MATCHING; _MUSEUM GENERAL OPERATING SUPPORT; _MUSEUM EXHIBIT: MARKER 5) TYPE OF APPLICANT: _NON-PROFIT ORGANIZA TION; ---1LGOVERNMENTAL AGENCY; _ FOR-PROFIT ORGANIZA TlON 6) In the space provided below, briefly describe the project and the property or properties for which funding is requested: do not attach additional sheets. The Unincorporated portions of Monroe County have long been neglected for historic resources, which for many years were only thought to be concentrated in the City of Key West. Now, however, with the advent of the new century, the designation of the Overseas Highway as a Scenic Highway, and the building of the Overseas Heritage Trail, these resources are coming to be appreciated. In the Keys, this includes Flagler railroad bridges and associated buildings, roadside architecture along the Overseas Highway, bungalows, commercial and residential structures in Tavernier, cottages on Conch Key, and other resources eclipsed by more recent development. The Historic Florida Keys Preservation Board surveyed some historic buildings in Tavernier in 1983. Robert Carr performed an assessment in the Keys, predominantly concerned with archaeological resources, in 1988. Within the last several years, Monroe County has taken steps to improve its historic preservation program, adopting a new historic preservation ordinance, contracting with the Historic Florida Keys Foundation for staffing, appointing an Historic Preservation Commission, and seeking recognition as a Certified Local Government. Our top priority at this time is identifying historic resources, consistant with the Monroe County Comprehensive Plan, the historic preservation ordinance, and sound preservation planning methods. Much of the Keys, including Key Largo, Long Key, Conch Key, and the Lower Keys from Big Pine Key to Stock Island, are virtually unknown territory insofar as historic buildings are concerned. The goal of this project is to hire a consultant to examine those areas previously neglected and to revisit those areas surveyed nearly twenty years ago. Information will be recorded on Florida Master Site File forms. Photography will be included. We will request both hard and digital copies, to be distributed to County libraries, building department offices, and historic preservation offices. 7) Provide a 3x5 photograph of the principal view of the property. Florida Department Of State Division of Historical Resources Form HR3E2] 06')5 (Effective July 1996) HISTORICAL RESOURCES GRANTS-IN-AID APPLlCA TlON PAGE 2 8) PROJECT INFORMATION: STREET ADDRESS: COUNTY WHERE PROJECT IS LOCATED: Monroe COMMUNITY POPULATION: COUNTY POPULATION: 8l,203 9) APPLICANT INFORMATION: ORGANIZATION NAME: Monroe County. in coni unction with the Historic Florida Keys Foundation ADDRESS: l100 Simonton St. CITY: Key West STATE: FL ZIP: 33040 APPLICANT'S FEDERAL EMPLOYER IDENTIFICATION NO: 59-6000749 SAMAS NO.: (STATE AGENCIES ONLY)______ - ______ - ________ - __00100000 CONTACT PERSON: Geor~e Born DA YTIME TELEPHONE NO: 305-292-6718 EXT. FAX NUMBER: 305-293-6348 10) State House Of Representatives District Number And Name Of Representative For Project Location. DISTRICT NUMBER(S):.12Q REPRESENTATIVE: Ken Sorensen State Senate District Number And State Senator For The Project Location: DISTRICT NUMBER(S): ~ SENATOR: Daryl Jones Congressional District Number And Name Of U.S. Congressional Representative For The Project Location DISTRICT NUMBER(S): 10 CONGRESSMAN: Peter Deutsch 11) APPLICANT'S GRANT HISTORY: Has the applicant received previous grant assistance from the Department of State? If yes, specify the year, the project name, the Division which awarded the grant and the amount of the award. YEAR DIVISION PROJECT NAME AWARD 12) INDICATE EACH TYPE OF HISTORICAL DESIGNA TION CURRENTLY HELD BY THE PROJECT SITE: _ Individual National Register Listing; _ National Register District - Contributing Site; _ Individual Local Designation; _ Local District Designation - Contributing Site; _ None Of The Above 13) INDICATE THE LEVEL(S) OF LOCAL PROTECTION CURRENTLY AFFORDED THE SITE/AREA: _X_ Local Ordinance J_ Local Ordinance Design Review _ Preservation Or Conservation Easement Covenant _ Maintenance Agreement _ Other: (Specify) Protective 14) Provide a brief explanation of immediate threats to the site or area such as proposed demolition, extensive structural damage, on-going site disturbance for archaeological sites, planned re-zoning, etc. The most immediate threat to historic resources in the unincorporated areas of Monroe County is ignorance of their existence. Lack of information as to their location and significance allows developers and those who regulate them to dismiss older buildings as "shacks" that are of no value. The County must know where historic buildings are if they are to be preserved. HISTORlCAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 3 15) Indicate the Icvel(s) of Proiect Activities completed to date: Architectural: _ Feasibility study; _Schematics; _ Design Development; _ Construction documents; _ Other; None Presenation Planning: _ Design Guidelines; _X_ Preservation Ordinance; _X_ Preservation Element; _Other: _None Archaeological Excavation: _ Research Design; _ Excavation; _Analysis, Curation, Conservation; _ Other; _ None Museum Exhibit: _Research; _ Script; _Artifact Selection; _Design; _ Fabrication; _ Other; _ None If other, describe: 16) Proiect timeline: on graph below indicate a1\ the maior elements of the proiect and the amount of time required to complete each item: (Special Category Projects Only) 14 1'5't617. 18 19 20 21 MONTH: 1 ACTIVITY: 2 3 4 A. Write s ecs B. Go out to bid C. Select consultant D. Com lete site files & hoto raph E. Copy and distribute materials F. Pre are final re ort G. H. 17) Describe the maior elements of the project and indicate the entities (i.e. Consultant, in-house, volunteers) responsible for each element. Consultant will complete site forms, photograph buildings, and prepare a final report. The Historic Florida Keys Foundation, in conjuction with Monroe County, will provide oversight and administer grant. 18) What is the anticipated annual Cost Of Maintenance of the Historic Property, Archaeological Site, or Museum Exhibit upon completion of the project; and what is the source of the funding? 19) Provide a brief description of the Educational Benefits this project will have on the local community and the state. Please enter the current or anticipated annual visitation in space provided below. A survey of historic buildings in unincorporated Monroe County is the first step in public knowledge and appreciation of such resources in the Keys, bringing this information to the planners and historians administering preservation law and to the general public frequenting the County's libraries and historical societies. HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 4 Annual Visitation 20) Provide a brief explanation indicating the direct impact of this project on minorities and the disabled. Include any alterations to the site that will make the site more accessible to the public. 2 I ) Provide a brief explanation of the Direct Economic Impact this project will have on the surrounding community. Include any information regarding number of jobs it will provide, if known. Tourism is the principal economic activity in Monroe County. Historic sites and attractions are a significant componant of what makes the Florida Keys interesting to visitors. Increasing the knowledge and awareness of such resources will assist the community in maintaining the region's long-term viability as a rewarding travel destination, resulting in more visitors, longer stays, and greater economic impact. 23) FOR ALL SURVEY & PLANNING GRANTS: For~, indicate the types of historical resources to be surveyed. Buildings. structures. districts LIST ANY PREVIOUS SURVEYS IN THE PROPOSED AREA. Tavernier Historic Buildings Survey -- 1983 (Historic Florida Keys Preservation Board) Indicate the anticipated Number of New Sites to be recorded 450 50 and the Acreage to be covered in the survey area , the anticipated Number of Florida Site File Form Updates For National Register Nominations, indicate the number of anticipated Individual Nominations,_ District Nominations,_ . Will a multiple property cover nomination be produced? _ yes, _ no. HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 5 30) PROJECT BUDGET BUDGET ITEMS Consultant fees/historic bldgs.survev Administrative costs TOTALS GRANT MATCHING FUNDS FUNDS/LOCAL COST SHARE SUB-TOTAL $12.500 $12.500 $25.000 $ 625 $ 625 $ 1.250 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $13f125 $13f 125 $26,250 HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 6 31) Matching and Local Cost Share Funds: List the sources and amounts of confirmed matching funds. (For items involving personnel, indicate the number of hours to be spent on project activities with their per/hour value and the project activities to be performed.) For matching grant projects, funds must not be expended before execution of a Grant Award Agreement. For Special Category grant projects, clearly indicate 1) the resources contributed to the project during the preceding five (5) year period and 2) the resources available for the project during the period for which funding is requested. I attest, by signing below, that Monroe County will provide 50% of needed funds for the completion of this project. flt . f1~ 2.0,~.. ., signature date HISTORICAL RESOURCES GRANTS-IN-AID APPLICA nON PAGE 7 CERTIFICATIONS 32) Applicant certification: This certification must be signed by the duly authorized representative of the iPplicant organization or agency before the application will be considered for funding assistance. ~ certify that the information contained in this application is true and correct to the best of my knowledge, and that I m the duly authorized representative of the applicant. APPROVED AS TO FORM ANDLEGALSUFF~pl C\ ,.~~~, ", e(typeorprint) CJ,4V"/~r; '&"''''1' ~<'C.oi B~P?''' . t.- ~, ~ ~. uno" .~. \~, " . . . ~ -" .J f)ATf' I! ( . '-_,.,: ;~,,\ <\~?, \ or orgamzatlOn Mo Title ,,,,, ~ 0"'- . . _ i Q"r. - ;/'~<:S~\\;S, ',~ 1,1 '. ",4 ./ .......00:.'>", "~.'\-' ' f : \, ,-/, '-\S.fg,n~ru.te :~ ""-{e.. (. /< rJ:.r ....../ Jl . " ....: ~~. -33~/ Owner concurrence: If the plicant does not own the property, the owner of record must sign the following \,< ~.;>::::< :>:'statement indicating concurrence with the proposed project and this application for grant assistance. . <~";:::,,--;~-:,,~~.:::,,, Date 1111.0/., I, the undersigned, am the owner of the property identified under item 8) Pro;ect Information on Page Two of this application and hereby acknowledge my support for and full concurrence with this application. Name (print or type) Signature Date Address City State Zip Daytime telephone FAX Number 34) Agreement to Execute Restrictive Covenant (SPECIAL CATEGORY & ACQUISITION PROJECTS ONLY): For projects involving historic properties and those involving archaeological sites which will be maintained subsequent to the completion of the project, the owner, long-term lessee or other responsible party must sign the following statement indicating agreement to execute a 10 year restrictive covenant to run with the property deed, should a grant award be made. I, the undersigned, am the duly authorized representative of the _ owner, _ long-term lessee, or _ other organization or agency having responsibility for maintenance of the property identified under item 8) PrQject Information on Page Two of this application subsequent to completion of the project for which funding is requested. I hereby indicate agreement to execute a restrictive covenant through which the organization or agency I represent will commit to maintenance of the referenced property in accordance with good preservation practice and the applicable standards and guidelines of the Secretary of the Interior for a period of ten years. I further agree that the organization or agency will not make any modifications to the property (other than routine repairs and maintenance) without review of the plans and specifications by the Bureau of Historic Preservation and that every effort will be made to design any modifications in a manner consistent with the applicable standards and guidelines of the Secretary of the Interior. Name (print or type) Title Signature Date Address City Key West State FL Zip 33040 Daytime telephone FAX Number HISTORlCAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 8 A TT ACHMENT CHECKLIST 35) The following supporting documents are attached to this application: _x_ J_ J_ Attachment A: Civil Rights Assurance of Compliance form (One original and thirteen copies) (ALL PROJECTS). Attachment B: Documentation ofConfmned Match or Local Cost Share (One original and thirteen copies) (ALL PROJECTS). Attachment C: Letters of Support, Endorsement, or Resolutions (One original and thirteen copies) (ALL PROJECTS). Attachment D: Photographs describing the existing condition of the property or site (One set of photographic prints and 13 xerox copies); and One 35 nun color slide of the property (ALL PROJECTS). Attachment E: If completed, architectural project schematics or construction documents (ONE SET ONLY) (ACQUISITION AND DEVELOPMENT and SPECIAL CATEGORY PROJECTS). Attachment F: If completed, museum exhibition designs with appropriate sketches (One original and thirteen copies) (MUSEUM EXHIBIT PROJECTS ONLY). Attachment G: Letters of commitment from participating institutions for traveling exhibits (One original and thirteen copies) (MUSEUM EXHIBIT PROJECTS ONLY). Attachment H: Samples of reviews, programs, and brochures of the museum (One original and thirteen copies) (MUSEUM EXHIBIT and MUSEUM GENERAL OPERATING SUPPORT PROJECTS ONLY). Attachment I: For Museum General Operating Support: an independent fmancial review or audit for the previous fiscal year, if available, or a detailed breakdown of the operating budget of income and expenses for the previous fiscal year (MUSEUM GENERAL OPERATING SUPPORT ONLY: Fourteen copies). Attachment J: For non-profit organizations only: proof of non-profit status (Fourteen copies) (ALL PROJECTS). Attachment K: For Acquisition projects only: an independent appraisal (two appraisals are required if the value of the first appraisal exceeds $500,000); an ownership and encumbrance search; and an executed option or purchase agreement. Attachment L: For historic marker projects only: Florida Historic Marker Application Form No. HR3E171294 (Fourteen copies). Attachment M: Copy of Florida Master Site File Form (Fourteen copies) (ACQUISITION AND DEVELOPMENT and SPECIAL CATEGORY PROJECTS). HISTORlCAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 9 ATTACHMENT A U.s. DEPARlMENT OF THE INTERIOR NATIONAL PARK SERVICE CIVIL RIGHTS ASSURANCE OF COMPLIANCE Monroe County (hereinafter called "Applicant-Recipient") hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (P.1. 88-352) and all requirements imposed by or pursuant to the Department of the Interior Regulations (43 CFR 17) issued pursuant to that title, to the end that, in accordance with Title VI of the Act and the Regulations, no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant-Recipient receives financial assistance from the Florida Department of State and hereby gives assurance that it will immediately take any measures to effectuate this agreement. The Applicant-Recipient also agrees to comply with Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975 and all requirements imposed by or pursuant to the Department of the Interior Regulations (43 CFR 17) issued pursuant to these titles, to the end that, no person in the United States shall, on the grounds of disability or age be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant-Recipient receives financial assistance from the National Park Service and hereby gives assurance that it will irmnediately take any measures to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal [mancial assistance extended to the Applicant-Recipient by the Florida Department of State, this assurance obligates the Applicant-Recipient, or in the case of any transfer of such property, any transferee for the period during which the real property or structure is used for a purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance obligates the Applicant-Recipient for the period during which it retains ownership or possession of the property. In all other cases, this assurance obligates the Applicant- Recipient for the period during which the Federal [mancial assistance is extended to it by the Florida Department of State. This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property discounts or other Federal [mancial assistance extended after the date hereof to the Applicant-Recipient by the bureau or office, including installment payments after such date on account of arrangements for Federal [mancial assistance which were approved before such date. The Applicant-Recipient recognizes and agrees that such Federal [mancial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall reserve the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant-Recipient, its successors, transferees, and assignees, and the person or persons whose signature appear below are authorized to sign this assurance on behalf of the Applicant-Recipient. "'~ Zoo. z..., By (President, Chairman of oard'cir Comparable authorized Official) Monroe County Applicant- ciPien~._~~OE~~ ~'l'.:~~'--!"'~ 1~ '~"""'r C:::--J ( ,.~.J .\. ," '~;"'" - --- ,(. //-~,f ,.......~....."" ISI r:-.'~ '\..,....,....:\ ~//f~~ !,.~~~~.:~ ./"" ~~ J \~~?: -: '-~. .,~ 0..#--4 "'~D1 .et.!AtC Dated APPLICANT-RECIPIENT'S MAILING ADDRESS Monroe County OMB - Dave Owens 1100 Simonton Street Key West FL 33040 '. A~~UTTON DATE { fa ( ~ O~~Y~~~~E (05) 294-4641 Mayor Charles 'Sonny' McCoy 530 Whitehead Street Key West, Florida 33040 305-292-3430 FAX: 305-292-3577 BOARD OF COUNTY COMMISSIONERS MAYOR Charles 'Sonny' McCoy, District 3 Mayor Pro-Tern Dixie Spehar, District 1 Commissioner Murray Nelson, District 5 Commissioner George Neugent, District 2 Commissioner Nora Williams, District 4 December 4,2001 Dr.JanetS.~atthevvs Director, Division of Historical Resources R.A Gray Building 500 Bronough Street Tallahassee, FL 32399-0250 Dear Dr. ~atthevvs: I support the grant application of the Historic Florida Keys Foundation. The foundation has applied for a grant under your agency's state historic preservation grants program to conduct a survey of historic buildings in the unincorporated areas of Monroe County. An up-to-date survey is an essential planning tool for local governments vvishing to identify and preserve historic resources. The Monroe County Comprehensive Plan and Historic Preservation Ordinance both require the County to maintain an up-to-date inventory of historic resources. Monroe County has made great strides the last three years to adopt a new historic preservation ordinance, appoint a Historic Preservation Commission and apply for recognition as a Certified Local Government. With the coming of the Overseas Heritage Trail and the recent designation of the Overseas Historic Highway as a Florida Scenic Highway are quickening interest in historic resources along the entire length of the Florida Keys. The unincorporated areas of ~onroe County have not been surveyed for historic buildings in decades. I encourage you to support the efforts of the Historic Florida Keys Foundation by awarding funds for this project. Sincerely, ~ayor Charles 'Sonny' M Monroe County, Florida THE FABULOUS FLORIDA KEYS Dixie M. Spehar Commissioner District One 500 Whitehead Street Key West, FL 33040 305-292-3440 (Telephone) 305-292-3466 (FAX) boccdis 1 ~mail.state.fl.us (em ail) ,- ..... .r-w-- I OKl!~EITY ~O~~~04~E (305) 294-4641 BOARD OF COUNTY COMMISSINERS Mayor Charles "Sonny" McCoy, District Mayor Pro Tem Dixie M. Spehar, District 1 ~ .~\ George Neugent, District 2 Nora Williams, District 4 Murray Nelson, District 5 December 5, 200l Dr. Janet S. Matthews Director, Division of Historical Resources R.A. Gray Building 500 South Bronough St. Tallahassee, FL 32399-0250 Dear Dr. Matthews: This letter is to lend my support for the Historic Florida Keys Foundation in their bid for matching grant moneys to conduct a survey of the historic buildings of the Florida Keys. I have great confidence from the past work performed by the Foundation that with this grant it will be able to conduct a survey with outstanding acumen and productive results. Monroe County is an area that is rich with history and a location that is able to provide historic information to students of all ages. The fact that there has not been a survey of historic buildings in Monroe County since 1983 is a great detriment to our community. If the Foundation was able to be successful in its bid, these are some of the ways our community would benefit: .:. An up-to-date survey would provide an essential planning tool for Monroe County to identify and preserve historic resources. .:. It would fulfill The Monroe County Comprehensive Plan and Historic Preservation Ordinance requirement to maintain a current inventory of historic resources. .:. It would assist Monroe County in its effort to adopt a new historic preservation ordinance, appoint a Historic Preservation Commission and apply for recognition as a Certified Local Government. .:. It would supplement the growing interest in historic resources along the entire length of the Keys due to the coming of the Overseas Heritage Trail and recent designation of the Overseas Highway as a Florida Scenic Highway. .:. It would allow the un incorporated areas of Monroe County to be surveyed. Historic Florida Keys Foundation Page 2 I am sure you understand the need for a current historic resource survey.and will grant the moneys to the Historic Foundation of the Florida Keys to meet this need. Thank you for your assistance. Sincerely, ,(~ /Jj ~~ Dixie M. Spehar County Commissioner District One Imrf DMS COMMISSIONER NORA WILLIAMS District 4 December 4,2001 Dr. Janet S. Mathews, Director Florida Division of Historical Resources R.A. Gray Building 500 South Bronaugh Street Tallahassee, FL 32399-0250 De~r Dr. Mathews: It is my pleasure to offer a letter of support for Monroe County grant application. The grant will provide matching funds for a survey of historic buildings in the unincorporated areas of Monroe County. Monroe County has made great strides in the last three years to adopt a new historic preservation ordinance, appoint a Historic Preservation Commission, and apply for recognition as a Certified Local Government. The Monroe County Comprehensive Plan and the Historic Preservation Ordinance both require the County to maintain an up-to-date inventory of historic resources. Although the City of Key West has benefited in the last three years from an extensive survey of its historic resources, the unincorporated areas of Monroe County have not been surveyed in decades. Additionally, the coming of the Overseas Heritage Trail and the recent designation of the Overseas Highway as a Florida Scenic Highway are quickening interest in historic resources along the entire length of the Florida Keys. I ask that you support this application for a state historic preservation grant. Thank you for your consideration. Sincerely, )/7 ~~ L,~d?~" . -----. Nora Williams Commissioner, District 4 MONROE COUNTY FLORIDA Marathon Government Annex, 490 6y-d St. Ocean # 110, Marathon, FL 33050 Phone (305) 289-6000; Fax (305) 289-6306; E-mail: nora"W@rnail.state.fl.us rrhe Schoof 'Boara of Monroe CountYJ :F[onaa December 3,2001 Members of tire Board' Distri ct # 1 EILEEN QUINN District #2 ANDY GRIFFITHS District #3 PATRICK G. LABRADA District #4 ANNE KELLY COHAN Chairperson District #5 DEBRA WALKER Vice Chairperson JOHN R. COLLINS School Board Attorney MICHAEL J. LANNON SUPERINTENDENT Dr. Janet S. Matthews Director, Division of Historical Resources R. A. Gray Building 500 South Bronough St. Tallahassee, FL 32399-0250 Dear Dr. Matthews: I am pleased to support the state historic preservation grant application submitted by the Historic Florida Keys Foundation. \ These grant dollars would provide matching funds for a survey of the historic buildings in the unincorporated areas.ofMonroe County. It is essential for our local government to have an up-to- date survey of historic resources in order to plan for preservation. The survey is also an essential planning tool for local governments wishing to identify and preserve historic resources. The Monroe County Comprehensive Pla.nandHistoric Preservation Ordinance both require the County to m. a.in.tam an up-to:-date.inventory ()fl1istoricresources. . .. _.-" H"'_'_-"_ '_',' _. ,_ ,'"," .... __._ ,.........,' ._ .,-', ',"'". , .. '.' '. .... " ., '. . '. ',:-,' ",,-,,---,-,.. -.-. '-"- ",' . -..- .., .... ,. ., - -. - . ., . - , ... . - .-..--. .' - ,-:- :"_., ':. : :-.-'..:---," ,.",'". ",.-.: Monroe Countyhas madegreatstridesiI1.th~ lastthreeyears to adopt a new historic preservation ordinance, appoint a Historic Pre~ervati()n Commission, and apply for recognition as a Certified Local Government. The coining of the OverseasHeritage Trail and the recent designation of the Overseas Highway as a FloridaScenicHigh..yaYllreqlliskening interest in historic resources along the entire length of the FloridaKeys~ . . . q.. . Although the City of Key West has benefited in the lastthree years from an extensive resurvey of its historic resources, the unincorporated areas of Monroe County has not been surveyed in decades. ~~ly, _~. ~ /~~---(;I/~~ Michael J. Lannon Superintendent of Schools MJLlcda 241 Trumbo Road' P.O. Box 1788. Key West. FL 33041-1788' (305) 293-1400 SunCom 464-1400 . Fax (305) 293-1408 www.monroe.kI2.f1.us THE CITY OF KEY WEST Historic Preservation Division P.O.Box l409, Key West, FL 33041 Dr.JanetS.~atthevvs Director, Division of Historical Resources RA Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Dear Dr. Matthews: 12/5/01 Although the City of Key West has benefited in the last three years from an extensive resurvey of its historic resources, the unincorporated areas of Monroe County have not been surveyed in decades. As a resident of SugarloafKey I can attest to a number of historic structures in my immediate neighborhood alone. \ As these old structures have no protection from ordinance in Monroe County, many have been or are destined to be demolished for new construction, especially in light of the County's Regulation of Growth Ordinance which strictly limits the number of new structures that can be built on vacant land. It is important that we record existing historic structures as soon as possible or this history may be forever lost. As Monroe County has adopted a historic preservation ordinance, that allows applicants to voluntarily seek advice from an appointed Historic Preservation Commission, greater participation is expected when homeowners realize that their home is historic and of community interest. An up-to-date survey is an essential planning tool for local governments wishing to identify and preserve historic resources. I fully support this grant application for a historic sites survey of unincorporated Monroe County. Thanks for your consideration, . C.If' d . ,()~ . /~ Diane E. Silvia, Ph.D. (305) 293-6484 (305) 292-8278 FAX e-mail kwcbld@aol.com Pre",,/e/JI Jerry Wilkinson IsI Vice f'l'c,tlJetll Uldine Henderson 2nd Vie'e Prc.I'ldenl Coman Munroe Secretary Mary Wilkinson Treasurer Mary Wilkinson Tnl.WC:C.Ii al large: Brienda Altmeier Barbara McGreevy Neil Parker Bob Smith Joe Thomas Denis T relewicz Tom Trump ... m - . ~ " HlSTORICAL PRESERVATION SOCIETY OF THE UPPER KEYS 38 East Beach Road Tavernier, Florida 33070 November 24, 200 I Dr. Janet S. Matthews Director, Division of Historic Resources R.A. Gray Building 500 South Bronough Street Tallahassee, FL 32399-0250 Dear Dr. Matthews: Our members wish to petition and support a state historic preservation grant for a survey of historic structures in unincorporated Monroe County. Our experience indicates that without state participation a project of this magnitude simply will not be done. With the exception of Key West, the railroad bridges and the recent acknowledgment of the Overseas Highway, Florida's sixth county has been overlooked for serious cultural preservation. erely, J ~ ~II~~ 305-852-1620 Please visit our web site \vww.keyshistory.org November 24,2001 HARlM ARCHITECTS Dr. Janet Matthews Director, Division of Historic Resources R. A. Gray Building 500 South Bronough Street Tallahassee, FL 32399-0250 Re: Survey of Historic Buildings - Monroe County, Florida Dear Dr. Matthews: This letter is to express my support for Monroe County's application for matching grant moneys for a survey of historic buildings in unincorporated Monroe County. Not :only is an up-to-date survey an important planning tool for local governments to identify and preserve historic sites but, in addition, the Monroe County Comprehensive Plan and Historic Preservation Ordinance both call for the County to maintain an inventory of historic resources. An extensive resurvey of it's historic resources in recent years has served the City of Key West well, whereas the unincorporated areas of Monroe County have not been surveyed in years. Remedial steps taken by the County have been to adopt a new historic preservation ordinance, to appoint an Historic Preservation Commission and to apply for recognition as a Certified Local Government. It seems to me that the coming of the Overseas Heritage Trail and the recent designation of the Overseas Highway as a Florida Scenic Highway are bringing a new awareness of historic resources along the entire length of the Florida Keys to the County's residents and visitors alike. Please consider the County's application favorably. Sincerely, HARUM ARCIDTECTS David Harum Principal 95700 OVERSEAS HIGHWAY. KEY LARGO. FLORIDA 33037' TEL: 305 852 8699. FAX: 305 8520023 . ". .. John Viele 21068 4th Ave. Cudjoe Key, FL 33042-4033 November 30,2001 Dr. Janet S. Matthews Director Division of Historical Resources R.A. Gray Building 500 South Bronough St. Tallahassee, FL 32399-0250 ., Dear Dr. Matthews: I wish to express my strong support for Monroe County's application for a matching grant to fund a comprehensive survey of historic buildings and sites in the Florida Keys outside of Key West. \ As a historian and author of three books on the history of the Florida Keys, I am aware that there are many buildings, other structures, and sites in the Keys whose existence and historic significance are unknown to all but a few individuals who take an interest in researching Keys history. A detailed survey to identify and record these historic locations is essential as a planning tool for local government officials charged with preserving historic resources. Indeed, the Monroe County Comprehensive Plan and Historic Preservation Ordinance both require such an inventory. Interest in historic sites along the Overseas Highway will be increased by the recent designation of the highway as a Florida Scenic Highway and by the construction, already begun, of the Overseas Heritage Trail along the Keys. I urge you to approve this important step towards preservation of Florida's historic resources. J:LYdv DONA MERRITT P,O. BOX 978 BIG PINE KEY FLA. 33043 November 27, 2001 Dr. Janet S. Matthews Director, Division of Historical Resources R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Re: Monroe County Application For Matching Grant Monies / Survey Of Historic Buildings In Unincorporated Monroe County. Dear Dr. Matthews, I have been a resident of the Florida Keys since the mid 1950s. I am proud to be of service to my community by participating as a member of the Board of Directors of the Historic Florida Keys Foundation. In recent years the Historic Florida Keys Foundation and other organizations in Monroe County have received great support and dedicated involvement from our County government. Monroe County has created a very active Historic Preservation Commission. We have adopted a Historic Preservation Ordinance as part of our local land use plan and regulations. We have applied for recognition as a Certified Local Government. We have worked on both the public and private levels to bring about the creation of the Overseas Heritage Trail as well as the long overdue designation of the Overseas Highway as a Florida Scenic Highway. What we have not been able to do is to document the many historic buildings that are scattered throughout the 120 miles of the County, too many of which are hidden within newer commercial and residential development areas. We have not had the financial resources to provide the human resources necessary to survey these properties before they are lost to us forever. Time is our enemy. Every day we delay costs us precious bits of our heritage. While municipalities such as Key West have had the benefit of extensive resurvey of its historic resources during the past few years, unincorporated Monroe County has had no resurvey in decades. I therefore urge your support of Monroe County's application for matching grant monies for a county wide survey effort to be made promptly and completely so that we may protect our past and send on the message of our heritage to those who will come after us. Thank you very much for your attention and consideration. ~ncerelY, <:::::--- ~ ~V\j ~ Qn.'hJi~2i:. 'i.' ~/;I,i H . I f ~, , PRO-Realty 30515 Overseas Hwy. Big Pine Key, Florida 33043 Business (305) 872-2296 Business (800) 637-7621 Fax (305) 872-4964 E-Mail C21PRORLTY@AOL.COM "" ,.... .... ~ Office 95.1998 G) ~ Office ,96.1998 November 26,2001 Dr. Janet S. Matthews Director, Division of Historical Resources R.A. Gray Building 500 South Bronough 8t. Tallahassee, FL 32399-0250 Dear Dr. Matthews: This'letter is to state my support forMonroe County's application for matching grant moneys for a survey of historic buildings in unincorporated Monroe County. A very necessary up-to-date survey is an essential planning tool for local governments wishing to identify and preserve historic resources. The Monroe County Comprehensive Plan and Historic Preservation Ordinance both require the County to maintain an up-to-date inventory of historic resources. Monroe County has made great strides in the last three years to adopt a new historic preservation ordinance, appoint an Historic Preservation Commission, and apply for recognition as a Certified Local Government. The coming of the Overseas Heritage Trail and the recent designation of the Overseas Highway as a Florida Scenic Highway are quickening interest in historic resources along the entire length ofthe Florida Keys. Although the City of Key West has benefited in the last three years from an extensive resurvey of its historic resources, the unincorporated areas of Monroe County has not been surveyed in decades. Thanking you in advance for your cooperation and support. c~ /(I1~S~A- Connie McSorley -. - / Pesident-Broker Each Office Is Independently Owned And Operated THE LOWER FLORIDA KEYS HOSPITAL DISTRICT 1200 Kennedy Drive - P.O. Box 5403 Key West, Florida 33045-5403 November 28,2001 Dr. Janet S. Matthews Director, Division of Historical Resources R.A. Gray Building 500 South Bronough St. Tallahassee, Fl. 32399-0250 Dear Dr. Matthews, \ Please accept this letter of support for Monroe County's application for a matching grant to conduct a survey of our historic buildings. While Key West has had extensive surveys of its historic resources, the unincorporated areas of the County have not. Monroe County is rich in a cultural history that resonates in the architecture that remains. That history is replete with examples of multi-ethnicity and class. The lower, middle and upper Keys have examples of black history, railroad history, Indian history and entrepreneurial history in their architecture. It is in the State's interest to record that history with a catalog of our historic buildings before urban housing - the graveyard of good intentions - destroys them. I trust that you will give thoughtful consideration to granting Monroe County the matching funds as requested. June Girard Chair, Lower Florida Keys Hospital District -">II -... .. December 3, 2001 Grace & Fred Mannillo 1560 Sunrise Drive Tropical Bay, Big pine Key, FL 33043 Dr. Janet S. Matthews Director, Division of Historical Resources R.A. Gray Building. 500 South Bronough St. Tallahassee, FL 32399-0250 Dear Dr.Matthews: We are in support of a Monroe County application for a survey of historical buildings in unincorporated Monroe County. Grace Served Three Terms as a Monroe County Planning Commissioner. It was often necessary to drive from the Cow Key bridge to the Jewfish Creek bridge for Planning Commission meetings. She became aware of historic resources throug~out the islands. With the recognition that tourism has become a major financial support for the Keys it is important that historic sites be cataloged and preserved both for visitors and residents to enjoy forever. Congratulations to Jack London and the splendid Board of Directors for their involvement with Florida Keys history. Sincerely yours, .,=\~ q - '-^'- ~ ~a~ )J1~~ Fred Mannillo and Grace Mannillo