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09/14/2023 Agreement Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with- Archaeological&Historical conservancy 24.h sm.100!003 Effective Date: 09/14/2023 Expiration Date: 06/30/2024 Contract Purpose/Description: Professional'services to udpate the Tavernier Historic Architectural Design Guidelines written in 2005 to meet current conditions which shall include but not be limited to the integration of the Land Development Regulations Chapter 134 which. addresses historical and archaeological resources with the new guidelines; incorporating the recently adopted staff approval matrix;and promoting resilience to wind and water damage while protecting the:historic integrity of the community. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Oksana Chdstow' 4474 Budget& Finance CONTRACT COSTS Total Dollar Value of Contract: $ 25'000 00 Current Year Portion: $ (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the ist 11 aint ihlii�c 4Imt ni is slflQl Q1Q1Ql.Q1Q1 or lw�kk). Budgeted? Yes Nov Grant: $25,000.00 County Match: $ 0.00 Fund/Cost Center/Spend Category: 125-01538-530310-00036 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: N/A (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES ❑NO ❑m CONTRACT REVIEW Reviewer Date In Department Head Signature: Tina Boan Digitally signed by Tina 04an Date'.2023.09.28 16'.12'.04-04'00' County Attorney Signature: Christine Limbert-Barrows Risk Management Signature: f Purchasing Signature: Lisa Abreu Digitally signed by Lisa Abreu Date'.2023.10.03 14'.28'.47-04'00' John Quinn Digitally signed by John Quinn OMB Signature: Date'.2023.10.03 16'.34'.57-04'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 AGREEMENT FOR CONSULTING SERVICES For The Tavernier Historic District Architectural Design Guidelines Update This Agreement ("Agreement") made and entered into this 14th day of September 2023, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND Archaeological & Historical Conservancy, Inc., a Corporation of the State of Florida, whose address is 4800 SW 64th Avenue, Suite 107, Davie, FL 33314, its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ a professional CONSULTANT to update the Architectural Design Guidelines for the Tavernier Historic District and Publicly Owned Historic Structures in Monroe County, Florida; and WHEREAS, COUNTY has been awarded and entered into a Small Matching Grant Agreement with the State of Florida, Department of State, Division of Historical Resources, Grant No. 24.h.sm.100.003 for the Project "Design Guideline Update for the Tavernier Historic District and Publicly Owned Historic Structures in Monroe County, Florida in the amount of $25,000 "Grant Agreement"; and WHEREAS, CONSULTANT has agreed to provide professional services to update the Tavernier Historic District Architectural Design Guidelines written in 2005 to meet current conditions which shall include but not be limited to, the integration of the Land Development Regulations Chapter 134 which addresses historical and archeological resources with the new guidelines; incorporating the recently adopted staff approval matrix; and promoting resilience to wind and water damage while protecting the historic integrity of the community, which services shall collectively be referred to as the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, Consultants, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. ARTICLE II SCOPE OF CONSULTANT'S BASIC SERVICE 2.1 DEFINITION 2.1.1 CONSULTANT'S Basic Services consist of those described in Paragraphs 2.2 through 2.6, and other services identified as part of Basic Services and in accordance with the Grant Agreement attached hereto as Attachment A, and include normal consulting services to complete the Monroe County Cultural Assessment 11. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed must contain a description of the services to be performed, and the time within which services must be performed. 2.1.2 Project schedule is as follows: After Authorization Phase I — Data Collection and Review Phase 11 — Draft Publication Phase III — Final Product Note: Activities listed above may occur concurrently. The Project must be completed no later than June 30, 2024. Time is of the essence in this regard. 2.2 DATA COLLECTION AND REVIEW 2.2.1 The project will entail meeting with Conty staff, the Historic Preservation Commission and the Public for input. The current Guidelines written in 2005 need to be updated to meet current conditions. This project seeks to integrate the Land Development Regulations, Chapter 134 which addresses archaeological and historical resources with the new guidelines; include the recently adopted staff approval matrix; and promote resilience to wind and water damage, while protecting the historic integrity of the community. 2.3 DRAFT PUBLICATION 2.3.1 Included shall be monthly updates. The due date of the draft document is April 30, 2024; CONSULTANT must deliver a draft document to the COUNTY and the State on or before that date. 2.4 FINAL PRODUCT 2.4.1 The final product will be a comprehensive Updated Design Guideline document. The format should be downloadable as a PDF document and in a size that is easily able to be printed off a computer or photocopied and bound for hardcopy distribution. The final product must comply with the terms of the COUNTY'S Grant Agreement with the State of Florida and be delivered to the COUNTY and the State on or before June 30, 2024. 2.5 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES 2.5.1 The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.7 WRITTEN NOTICE Any notices sent by the parties shall be deemed to have been duly served if delivered in person to the individuals and addresses listed below, or if delivered or sent by first class mail, certified, return receipt, or by courier with proof of delivery. All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. The correspondence shall be directed to: Ms. Oksana Christow Grants Coordinator 1100 Simonton Street, Room 2-213 Key West, Florida 33040 And: Diane Silvia Historic Florida Keys Foundation, Inc. 510 Greene Street Key West, Florida And: Mr. Roman Gastesi Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 Notice to the CONSULTANT shall be delivered to: 4800 SW 641"Avenue, Suite 107 Davie, Florida 33314 ARTICLE III ADDITONAL SERVICE 3.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the COUNTY as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement, and are as follows: A. Providing services of CONSULTANT for other than the previously listed consulting scope of the Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. B. Providing representation before public bodies in connection with the Project, upon approval by COUNTY, except for the presentation to the BOCC noted in Section 2.5.1. 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including objectives, schedule, constraints and criteria. 4.2 The COUNTY shall designate a representative to act on the COUNTY'S behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.8. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY'S review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY'S criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS The CONSULTANT covenants and agrees to indemnify, hold harmless and defend COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by CONSULTANT or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers, employees, servants and agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect/Engineer/Consultant's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement in a not to exceed amount of$25,000.00. 7.2 PAYMENTS 7.2.1 For its assumption and performance of the duties, obligations, and responsibilities set forth herein, the CONSULTANT shall be paid upon delivery of the final product, contingent upon approval of the draft and final product by COUNTY and the State of Florida, Division of Historical Resources. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project outside of the basic scope of work: a. Expense of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Reproductions as requested only by the COUNTY. C. Postage and handling of reports; 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY'S Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY'S Board of County Commissioners. 7.4.2 The COUNTY'S performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $100,000.00 bodily injury per Accident, $500,000.00 bodily injury by disease, policy limits, and $100,000.00 injury by disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles,with $50,000 per person, $100,000 per Occurrence, $25,000 Property Damage or $100,000 combined single limit. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $300,000.00 per person, $500,000.00 per occurrence, and $200,000.00 property damage or $500,000 Combined Single Limit. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance of$300,000.00 per occurrence and $500,000.00 annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS Any copyright for publications or other materials prepared by the CONSULTANT for this Project shall be held by the Florida Department of State, Division of Historical Resources. CONSULTANT may arrange for copyright of such materials only after approval from the Department of State. Any copyright arranged for by the CONSULTANT shall include acknowledgment of grant assistance. CONSULTANT agrees to, and awards to the Department of State and, if applicable, the Federal Government, and to its officers, agents, and employees acting within the scope of their official duties, a royalty-free, nonexclusive, and irrevocable license throughout the world for official purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data covered by the copyright. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. The COUNTY may terminate this agreement in accordance with the terms of Attachment C, Section 3.1 of the Grant Agreement between the State of Florida and COUNTY, attached hereto as Attachment A. B. The CONSULTANT may terminate this agreement in accordance with the terms of Attachment C, Section 3.2 of the Grant Agreement between the State of Florida and COUNTY, attached hereto as Attachment A. C. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. D. If the County determines that the Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1)terminating the Agreement after it has given the Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 9.6 CONTRACT DOCUMENTS This contract consists of the Agreement (Articles I-IX), the documents referred to in the Form of Agreement as a part of this Agreement, the Historic Preservation Grant Award Agreement (Attachment A), and attachments B, C, D, E, and F and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY'S competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. COUNTY, CONSULTANT, and the State of Florida Department of State Division of Historical Resources or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 161h Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEYS FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC § 12101), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties hereto, or the subject matter of, this Agreement. 12) The consultant may not discriminate against any employee employed under this Agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, pregnancy, handicap or marital status. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. Consultant must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Consultant shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Consultant in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Consultant. Failure of the Consultant to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Consultant is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Consultant is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Consultant does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Consultant or keep and maintain public records that would be required by the County to perform the service. If the Consultant transfers all public records to the County upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Consultant of the request, and the Consultant must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Consultant does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Consultant. A Consultant who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The Consultant shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292- 3470 BRADLEY-BRIAN(a),MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together, shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by sigriing any such counterpart. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Sy: Roman Gastes(, 05-unty Administrator MONROE COUNTY ATTORNEY 2&d MM921� CHRISTINE,UMBEwr.BARROWS Date: 10.04.2023 ASSISTWr COUNTY ATTORNEY DATE (Seal) CONSULTANT Attest: BY: By: OLC Title: Title: �%ICCc--VOI Qror,,�t - - - - - - - - - - - - DE30RAM 3ROWNFIE.1 Notary Puok-$late of Flodu END OF AGREEMENT Commission CHH M736 �Imy comm.;:Xpires may 14r.2077 Med through Nabonat Notary AM. GRANT AGREEMENT ATTACHMENT A PUBLIC ENTITY CRIME STATEMENT ATTACHMENT B ETHICS CLAUSE ATTACHMENT C NON-COLLUSION AFFIDAVIT ATTACHMENT D DRUG-FREE WORKPLACE FORM ATTACHMENT E VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS ATTACHMENT F ATTACHMENT A AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND Monroe County Board of County Commissioners 24.h.sm.100.003 This Agreement is by and between the State of Florida, Department of State, Division of Historical Resources hereinafter referred to as the"Division,"and the Monroe County Board of County Commissioners hereinafter referred to as the "Grantee." The Grantee has been awarded a Small Matching Grant by the Division, grant number 24.h.sm.100.003 for the Project "Design Guideline Update for the Tavernier Historic District and Publicly owned Historic Structures in Unincorporated Monroe County portions of unincorporated Monroe County,"in the amount of$25,000("Grant Award Amount"). The Division enters into this Agreement pursuant to Line Item 3233, contained in the 2024 General Appropriations Act, SB2500, Laws of Florida. The Division has the authority to administer this grant in accordance with Section 267.0617, Florida Statutes. In consideration of the mutual covenants and promises contained herein,the parties agree as follows: 1. Grant Purpose. This grant shall be used exclusively for the"Design Guideline Update for the Tavernier Historic District and Publicly owned Historic Structures in Unincorporated Monroe County portions of unincorporated Monroe County,"the public purpose for which these funds were appropriated. a) The Grantee shall perform the following Scope of Work: Grant funds will be used to hire a professional historic preservation consultant to develop/update Design Review Guidelines for Historic sites, properties, and archaeological resources within the Tavernier Historic District and portions of unincorporated Monroe County. Guidelines will be made available to the public via the County's website and at Monroe County libraries. All tasks associated with the Project shall meet the requirements set forth in this agreement. b) The Grantee agrees to provide the following Deliverables and Performance Measures related to the Scope of Work for payments to be awarded. # Payment Deliverable Description Documentation Payment Type Amount 1 Fixed Submit a copy of the professional historic One(1)copy of the $8,333 Price preservation consultant's credentials and a professional historic project timeline to the Division for review preservation consultant's and approval. credentials; One(1)copy of the project timeline Page:1 Grant Award Agreement(Form GAA001),Effective 07/2023 2 Fixed Complete and submit a copy of the One(1)electronic copy of the $8,333 Price complete and final draft design review complete and final draft design guidelines to the Division for review and review guidelines approval. 3 Fixed Complete and submit a copy of the final One(1) electronic and one(1) $8,334 Price design review guidelines, as well as alive hard copy of the final design link to the guidelines on the City's website, review guidelines; Live link to to the Division for review and approval. In the guidelines on the City's addition, a Single Audit Form shall be website; One(1) Single Audit completed by the Grantee and submitted Form; One(1)copy of the final along with the Final Progress Report prior progress report; documentation to final payment; documentation to support to support all paid expenditures all paid expenditures including detailed including detailed paid invoices, paid invoices, bank records, and canceled bank records, and canceled checks. checks. Totals $25,000 c) The Grantee has provided an Estimated Project Budget based upon reasonable expenditures projected to accomplish the Grantee's Scope of Work and Deliverables outlined in the Agreement. The Budget provides details of how grant and match funds will be spent. All expenditures shall be in accordance with this budget(which is incorporated as part of this Agreement and entitled Attachment A)and must be incurred during the term of this Agreement, as stated in Section 2 of this Agreement. 2. Length of Agreement. This Agreement shall begin on 07/01/23, and shall end 06/30/24, unless terminated in accordance with the provisions of Section 33 of this Agreement. Contract extensions will not be granted unless Grantee is able to provide substantial written justification and the Division approves such extension. The Grantee's written request for such extension must be submitted to the Division no later than thirty(30)days prior to the termination date of this Agreement and no amendment will be valid until a written amendment is signed by both parties as required in Section 7 and Section 15 of this Agreement. 3. Contract Administration. The parties are legally bound by the requirements of this Agreement. Each parry's contract manager, named below, will be responsible for monitoring its performance under this Agreement, and will be the official contact for each party. Any notice(s)or other communications in regard to this agreement shall be directed to or delivered to the other parry's contract manager by utilizing the information below. Any change in the contact information below shall be submitted in writing to the contract manager within 10 days of the change. For the Division of Historical Resources: Harley Burgis Florida Department of State R.A. Gray Building 500 South Bronough Street Tallahassee, FL 32399 Phone:850.245.6393 Page:2 Grant Award Agreement(Form GAA001),Effective 07/2023 Email:harley.burgis@dos.myflorida.com For the Grantee: Contact:Diane Silvia Address: 1100 Simonton St. Room 2-216 Key West Florida 33040 Phone: Email:hfkf@bellsouth.net 4. Grant Payments. All grant payments are requested online via www.dosgrants.com by submitting a payment request with documentation that the deliverable has been completed. The total grant award shall not exceed the Grant Award Amount,which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth by the terms and conditions of this Agreement. Grant payment requests are not considered complete for purposes of payment until review of the deliverables for compliance with the terms and conditions of this Agreement by the appropriate Division staff is complete and approval of the deliverables given. The grant payment schedule is outlined below: a) All payments will be made in the amounts identified with the Deliverables in Section 1 of this agreement. b) All payments will be made in accordance with the completion of those Deliverables. 5. Electronic Payments. The Grantee can choose to use electronic funds transfer(EFT)to receive grant payments. All grantees wishing to receive their award through electronic funds transfer must submit a Direct Deposit Authorization form to the Florida Department of Financial Services (DFS). If EFT has already been set up for the organization and a payment has been received at the account in the past year, the Grantee does not need to submit another authorization form unless the organization has changed bank accounts. If the grantee has not received a payment at the account in the past year,they should check with DFS at(850)413-5517 or e-mail at DirectDeposit@MyFloridaCFO.com to see if their EFT request is still active. The authorization form is accessible at httpsJ/www.myfloridaefo.com/docs-sf/accounting-and-auditing-hbraries/vendors/vendor- relations/dfs-al-26e-direct-deposit-vendors.pdf?sfvrsn=eff128cf_16 where information pertaining to payment status is also available. 6. Florida Substitute Form W 9.A completed Substitute Form W 9 is required from any entity that receives a payment from the State ofFlorida that maybe subject to 1099 reporting.The Departirmt of Financial Services(DFS)crust have the correct Taxpayer Identification Number(TIN)and other related information m order to report accurate tax information to the Internal Reverim Service(IRS). To register or access a Florida Substitute Form W-9 visit flvendor.myfloridacfo.com A copy of the Grantee's Florida Substitute Form W 9 mist be submitted to the Division,as required,in advance of or with the executed Agreement. 7. Amendment to Agreement. Either party may request modification of the provisions of this Agreement by contacting the Division to request an Amendment to the Contract. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. If changes are implemented without the Division's written approval, the organization is subject to noncompliance, and the grant award is subject to reduction, partial, or complete refund to the State of Florida and termination of this agreement. 8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and Page:3 Grant Award Agreement(Form GAA001),Effective 07/2023 287.058,Florida Statutes. a) Any advanced funds will be returned to the State of Florida if unexpended within the first 3 months of disbursement. b) Payments will be withheld or reduced for failure to complete services as identified in the Scope of Work and Deliverables,provide documentation that the deliverable has been completed, or demonstrate the appropriate use of state funds. c) If the grantee has spent less than the Grant Award Amount in state funds to complete the Scope of Work, the final payment will be reduced by an amount equal to the difference between spent state dollars and the Grant Award Amount. d) The Division may reduce individual payments by 10% if the completed Deliverable does not meet the Secretary of the Interior's Standards and Guidelines or other industry standards applicable to the project. The Division shall reduce total grant funding for the Project in direct proportion to match contributions not met by the end of the grant period. This reduction shall be calculated by dividing the actual match amount by the required match amount indicated in the Agreement and multiplying the product by the Grant Award Amount indicated in the Agreement. Pursuant to Section 17, Grantee shall refund to the Division any excess funds paid out prior to a reduction of total grant funding. 9. Additional Special Conditions. Planning Projects. 1. The Grantee shall submit planning project contracts to the Division for review and approval prior to execution. Procurement documentation supporting maximum open competition must be submitted to the Division for review and approval upon request prior to execution of project contracts. 2. For architectural planning projects, all project work must be in compliance with the Secretary of the Interior's Standards and Guidelines, available online at www.nps.gov/tps/standards.litm. 3. For historic structure report planning projects, all project work must be in compliance with Preservation Brief 43, available online at httns://www.np oy/tps/how-to-presei-ve/briefs/43-historic-stnictum- remrts.htm. 4. Planning activities on historic Religious Properties shall be limited to building exterior envelope, excluding accessibility upgrades, and structural elements of the building. 5. Copyright and Royalties:When publications,brochures, 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 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. 10. Credit Line(s)to Acknowledge Grant Funding. Pursuant to Section 286.25,Florida Statutes, in publicizing, Page:4 Grant Award Agreement(Form GAA001), Effective 07/2023 advertising, or describing the sponsorship of the program the Grantee shall include the following statement: a) "This project is sponsored in part by the Department of State, Division of Historical Resources and the State of Florida."Any variation in this language must receive prior approval in writing by the Division. b) All site-specific projects mist include a Project identification sign,with the aforementioned language,that mist be placed on site.The ofpreparation and erection of the Project identification sign are allowable project costs.Routine maintenance costs of Project signs are not allowable project costs.A photograph of the aforementioned sign mist be subni ted to the Division as soon as it is erected. Non-site-specific projects that produce report(s)crust include the aforementioned language in the report. 11. Encumbrance of Funds. The Grantee shall execute a binding contract for at least a part of the Scope of Work by September 30, except as allowed below. a) Extension of Encumbrance Deadline:The encumbrance deadline indicated above may be extended by written approval of the Division. To be eligible for this extension, the Grantee must demonstrate to the Division that encumbrance of grant funding and the required match by binding contract(s)is achievable by the end of the requested extended encumbrance period. The Grantee's written request for extension of the encumbrance deadline must be submitted to the Department no later than fifteen(15) days prior to the encumbrance deadline indicated above. b) Encumbrance Deadline Exception:For projects not involving contract services the Grantee and the Department shall consult on a case-by-case basis to develop an acceptable encumbrance schedule. 12. Grant Reporting Requirements. The Grantee must submit the following reports to the Division. All reports shall document the completion of any deliverables/tasks, expenses and activities that occurred'during that reporting period. All reports on grant progress will be submitted online via www os,,rants.c.�1,1,1,x a) First Project Progress Report is due by October 31, for the period ending September 30. b) Second Project Progress Report is due by January 31, for the period ending December 31. c) Third Project Progress Report is due by April 30, for the period ending March 31. d) Final Report. The Grantee must submit a Final Report to the Division within one month of the Grant Period End Date set forth in Section 2 above. 13. Matching Funds. The Grantee is required to provide a 100%match of the Grant Award Amount unless reduced as provided in this section. Of the required match, a minimum of 25%must be cash on hand. The remaining match may include in-kind services, volunteer labor, donated materials, and additional cash. For projects located in Rural Economic Development Initiative(REDI)counties or communities that have been designated in accordance with Sections 288.0656 and 288.06561,Florida Statutes, Grantees may request a waiver of the match amount. Grantees that are Certified Local Government(CLG)organizations and Main Street Program organizations are not required to provide a match. The Grantee must submit documentation that the minimum match requirements have been met and provide to the Division documentation evidencing expenses incurred to comply with this requirement. 14. Grant Completion Deadline. The grant completion deadline is the end date of this Agreement set forth in Page:5 Grant Award Agreement(Form GAA001),Effective 07/2023 Section 2 above. The Grant Completion Deadline is the date when all grant and matching funds have been paid out or incurred in accordance with the work described in the Scope of Work, detailed in the Estimated Project Budget. If the Grantee finds it necessary to request an extension of the Grant Completion Deadline, an Amendment to the Agreement must be executed as per Section 7, and the stipulations in Section 15 must be met. 15. Extension of the Grant Completion Deadline.An extension of the completion date must be requested at least thirty(30) days prior to the end of the Grant Period and may not exceed 30 days, unless the Grantee can clearly demonstrate extenuating circumstances. An extenuating circumstance is one that is beyond the control of the Grantee, and one that prevents timely completion of the Project such as a natural disaster, death or serious illness of the individual responsible for the completion of the Project, litigation related to the Project, or failure of the contractor or architect to provide the services for which they were contracted to provide. An extenuating circumstance does not include failure to read or understand the administrative requirements of a grant or failure to raise sufficient matching funds. Changes to the original completion deadline shall be valid only when requested in writing, approved by the Division, and an Amendment to the Agreement has been executed by both parties and attached to the original of this Agreement. The Grantee must provide documentation that a portion of the grant funds and match contributions are encumbered and demonstrate to the satisfaction of the Division that project work is progressing at a rate such that completion is achievable within the extended Grant Period. 16. Non-allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable Project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures (revised 10/20222), which are incorporated by reference and are available online at https://www.myflolidacfo.com/docs-sVaccounting-and-auditing-hbraries/state- agencies/reference-guide-for-state-expenditures.pdf?sfvrsn=b4cc3337_2. The following categories of expenditures are non-allowable for expenditure of grant funds and as contributions to required match: a) Expenditures for work not included in the Scope of Work of the executed Grant Award Agreement; b) Costs of goods and services not procured in accordance with procurement procedures set forth in the Grant Award Agreement, Chapter 287 of the Florida Statutes and/or Rule 60A-1.002 of the Florida Administrative Code; c) Costs not consistent with the gra>rt project type,as described in section V.C.2.ofthe program guidelines and as selected in the application; d) Expenses incurred or obligated prior to or after the Grant Period, as indicated in the Grant Award Agreement; e) Expenses associated with lobbying or attempting to influence Federal, State or local legislation, the judicial branch or any state agency; f) Expenditures for work not consistent with the applicable historic preservation standards as outlined in the Secretary of the Interior's Guidelines available at httpsJ/www.nps.gov/tps/standards/treatment-guidehnes- 2017.pdf, standards available at https://www.nps.gov/tps/standards.htin and nps.gov/histoty/local- law/arch—stnds_O.htm or applicable industry standards; g) Costs for projects having as their primary purpose the fulfillment of Federal or State historic preservation Page:6 Grant Award Agreement(Form GAA001), Effective 07/2023 regulatory requirements, including costs of consultation and mitigation measures required under Section 106 of the National Historic Preservation Act of 1966, as amended, or under Section 267.031, F.S.; h) Projects directed at activities or Historic Properties that are restricted to private or exclusive participation or access,which shall include restricting access on the basis of sex, race, color, religion,national origin, disability, age,pregnancy, handicap or marital status; i) Entertainment, food, beverages,plaques, awards or gifts; j) Costs or value of donations or In-kind Contributions not documented in accordance with the provisions of the Grant Award Agreement; k) Indirect costs including Grantee overhead, management expenses, general operating costs and other costs that are not readily identifiable as expenditures for the materials and services required to complete the work identified in the Scope of Work in the Grant Award Agreement. Examples of indirect costs include: rent/mortgage, utilities,janitorial services, insurance, accounting, internet service,monthly expenses associated to security systems, non-grant related administrative and clerical staffing, marketing and fundraising activities; 1) Administrative and project management expenditures such as expenditures that are directly attributable to management of the grant-assisted Project and meeting the reporting and associated requirements of the Grant Award Agreement, whether grant expenditures or match contributions,which in aggregate exceed 5% of the grant award amount; m) Grantee operational support(i.e., organization salaries not directly related to grant activities;travel expenditures;per diem; or supplies); n) Insurance costs; o) Capital improvements to property; p) Planning activities for the interior of Religious Properties (Exception:planning related to structural elements of the building. Examples include:foundation repairs, repairs to columns, load bearing wall framing,roof framing, masonry repairs, window and exterior door repairs and restoration practices associated with the building envelope); q) Planning for accessibility improvements for Religious Properties; r) Furniture, including but not limited to:desks, tables, seating, rugs and mats, artwork and decorations, window treatments, case goods (including cabinets, countertops, or bookshelves)with no historic precedent, systems' furniture, movable partitions and acoustical treatments and components, unless specific prior approval has been granted by the Division; s) Equipment(a)including but not limited to portable sound systems, specialty fixtures and equipment, visual display units, appliances, computers, cameras, printers, scanners, projection systems,portable light fixtures, and total stations unless specific prior approval has been granted by the Division(b)If special equipment is required for completion of the Project, it shall be rented for the grant term unless it can be shown that acquiring the equipment is cheaper than renting the equipment and approval has been provided by the Division as part of the documentation presented at the time of application. If the value of special equipment is to be used as a match contribution, the value of the match contribution shall be limited to the Page:7 Grant Award Agreement(Form GAA001),Effective 07/2023 cost of rental for the Grant Period at the market rate for such rental in the region; t) Supplies that will not be consumed in use during the duration of this project; u) Costs associated with attending or hosting conferences, summits,workshops or presentations (Exception: municipal or county required public meetings necessary for completion of the grant-assisted project including facility rental fees); v) Travel expenditures, including those of personnel responsible for items of work approved by the Division, administrative personnel, contracted or subcontracted employees, either for purposes of work on-site or research off-site; and w) Tuition waivers, fees, and other non-grant related costs associated with employing students for grant projects. 17. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971,Florida Statutes,the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. Further, the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must be in compliance with the laws,rules, and regulations applicable to expenditures of State funds, including,but not limited to, the Reference Guide for State Expenditures. 18. Repayment. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of the"Department of State"and mailed directly to the following address:Florida Department of State, Attention: Grants Program Supervisor, Division of Historical Resources, 500 South Bronough Street Tallahassee, FL 32399. In accordance with Section 215.34(2),Florida Statutes, if a check or other draft is returned to the Department for collection, Grantee shall pay to the Department a service fee of $15.00 or five percent(5%)of the face amount of the returned check or draft, whichever is greater. 19. Single Audit Act. Each Grantee, other than a Grantee that is a State agency, shall submit to an audit pursuant to Section 215.97,Florida Statutes. See Attachment B for additional information regarding this requirement. 20. Retention of Accounting Records. Financial records, supporting documents, statistical records, and all other records including electronic storage media pertinent to the Project shall be retained for a period of five(5)years after the close out of the grant. If any litigation or audit is initiated, or claim made,before the expiration of the five-year period, the records shall be retained until the litigation, audit, or claim has been resolved. 21. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts, and transcripts. 22. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119,Florida Statutes, known as the Florida Page:8 Grant Award Agreement(Form GAA001),Effective 07/2023 Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 23. Investment of Funds Received But Not Paid Out. The Grantee may temporarily invest any or all grant funds received but not expended, in an interest bearing account pursuant to Section 216.181(16)(b),Florida Statutes. Interest earned on such investments should be returned to the Division quarterly, except that interest accrued less than$100 within any quarter may be held until the next quarter when the accrued interest totals more than$100. All interest accrued and not paid to the Division, regardless of amount, must be submitted with the Grantee's final Progress Report at the end of the Grant Period. 24. Noncompliance with Grant Requirements.Any Grantee that has not submitted required reports or satisfied other administrative requirements for this grant or other Division of Historical Resources grants or grants from any other Florida Department of State(DOS)Division will be in noncompliance status and subject to the DOS Grants Compliance Procedure. Grant compliance issues must be resolved before a grant award agreement may be executed, and before grant payments for any DOS grant may be released. 25. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance, and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division. c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget. d) The name of the account(s)must include the grant award number; e) The Grantee's accounting records must have effective control over and accountability for all funds, property, and other assets; and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre-audit and post-audit(such as invoices, bills, and canceled checks). 26. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature, or the United States Congress in the case of a federally funded grant. In the event that the state or federal funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee, beyond those amounts already released prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. Page:9 Grant Award Agreement(Form GAA001),Effective 07/2023 27. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents, or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 28. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s)for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s)for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be"independent contractors"and will not be considered or permitted to be agents, servants,joint ventures, or partners of the Division. 29. Liability. The Division will not assume any liability for the acts, omissions to act, or negligence of, the Grantee, its agents, servants, or employees; nor may the Grantee exclude liability for its own acts, omissions to act, or negligence, to the Division. a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death, and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees, and subcontractors. The Grantee, other than a Grantee which is the State or the State's agencies or subdivisions, as defined in Section 768.28,Florida Statutes, shall indemnify and hold the Division harrnless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28,Florida Statutes, it shall only be obligated in accordance with that Section. b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity, or increases the limits of its liability,by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the Project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities; and provided that it is understood by the Grantee that the Division 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. 30. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. 31. No Discrimination. 71re Grantee and their subcontractors may not discriminate against any employee employed under this Agreement, or against any applicant for employment because of race,color,religion,gender,national origin,age,pregnancy,handicap or marital status. 71ie following or a similar provision must be inserted into all of the subcontracts for services executed under this Agreement: a. No employee or applicant for employment engaged under this Agreement may be discriminated against because ofrace,color, Page:10 Grant Award Agreement(Form GAA001), Effective 07/2023 religion,gender,national origin,age,pregnancy,handicap or nmrital status. 32. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments, and/or will terminate this agreement if the Grantee improperly expends and manages grant funds, fails to prepare,preserve or surrender records required by this Agreement, or otherwise violates this Agreement. 33. Termination of Agreement. a) Termination by the Division. The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter, and shall give the Grantee fifteen(15)calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager,personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement, prior to the notification of termination, if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty(30)days after termination of this Agreement. The Division does not waive any of its rights to additional damages, if grant funds are returned under this Section. b) Termination for convenience. The Division 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. c) 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 noted 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 Division. Request for termination prior to completion must fully detail the reasons for the action and the proposed disposition of the uncompleted work. 34. Preservation of Remedies.No delay or omission to exercise any right,power, or remedy accruing to either party upon breach or violation 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. 35. Non-Assignment of Agreement. The Grantee may not assign, sublicense nor otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the Project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties, and obligations of the Division to another governmental entity pursuant to Section 20.06,Florida Statutes, or otherwise, the rights, duties, and obligations under this Agreement shall be transferred Page:1 l Grant Award Agreement(Form GAA001),Effective 07/2023 to the successor governmental agency as if it was the original party to this Agreement. 36. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant-assisted project. Procurement documentation supporting maximum open competition may be requested by the Division for review and approval prior to execution of these subcontracts. a) The Grantee must procure all professional services (architects, conservators, historic preservation consultai structural engineers, landscape architects,)using at least a request for qualifications, and the grantee must solicit at least three(3)responses to their request for the service. b) All contracts for procurement of goods and services (construction, exhibit fabrication, etc.)not included in Section 36.a. as described above must be procured in the manner described below: 1. Procurement of Goods and Services Not Exceeding$35,000. The Grantee must use the applicable procurement method described below: i Purchases Up to $2,500:Procurement of goods and services where individual purchases do not exceed $2,500 may be conducted at the Grantee's discretion using good purchasing practices. ii. Purchases or Contract Amounts Between$2,500 and $35,000:Goods and services costing between$2,500 and $35,000 require informal competition such as written quotations and informal bids, and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. 2. Procurement of Goods and Services Exceeding $35,000. Goods and services costing over $35,000 may be procured by either formal invitation to bid or request for proposals, and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. i. Any formal competitive solicitation shall be made available simultaneously to all vendors,must include the time and date for the receipt of bids,proposals, or replies and of the public opening, and must include all contractual terms and conditions applicable to the procurement, and the criteria to be used in determining acceptability and relative merit of the bid, proposal, or reply c) State entities should follow required procedures set forth in Chapter 287, Florida Statutes and Rule 60A 1.0 of Florida Administrative Code. If the grantee is a non-state entity(local government or non- profit organization)and has existing procurement requirements and procedures, follow the more restrictive, as long as state requirements are still met. 37. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest descrbed in Sections 112.311 through 112.326,Florida Statutes, and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes. 38. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Historical Resources. 39. No Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A(a)of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. .... . ..... Page:12 Grant Award Agreement(Form GAA001), Effective 07/2023 40. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. 41. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards of Sections 553.501-553.513,Florida Statutes, and the Americans with Disabilities Act of 1990 as amended(42 U.S.C. 12101, et seq.), which is incorporated herein by reference. 42. Governing Law. This Agreement shall be construed, performed, and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. 43. Restrictive Covenants. For Acquisition and Development projects directed at Real Property, if funded, the Grantee(and the Property Owner, if not the Grantee)must file a Restrictive Covenant on the property with the Clerk of Court for ten(10)years for Development and twenty(20)for Acquisition prior to final release of grant funds and close-out of the project. 44. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Estimated Project Budget(Attachment A) c) Single Audit Act Requirements and Exhibit I(Attachment B) ...................... Page:13 Grant Award Agreement(Form GAA001), Effective 07/2023 In acknowledgment of this grant, provided from funds appropriated in the 2024 General Appropriation Act,I hereby certify that I have read this entire Agreement, and will comply with all of its requirements. Department of State: Grantee: 11 B ByAlLotane, y A. .... Authorizing Official for the Grantee Al Dig',:„ton Director Typed n astesi, County Administrator� �„Oman �....._........._. ... ed name and title Ica Date August 8, 2023 ....... Date .....................ww��w� rr MONROE COUNTY ATTORNEY 6Lr, r cgfi®Fro CHRISTINE LIMEERT•EARROws ASSISTANT COUNTY ATTORNEY DATE _8/4(23 ................ Page:14 Grant Award Agreement(Form GAA001),Effective 07/2023 ATTACHMENT A Estimated Project Budget Description Grant Funds Cash Match In Kind Match Design Guidelines $25,000 $0 $0 Totals $25,000 $0 $0 Page:15 Grant Award Agreement(Form GAA001), Effective 07/2023 ATTACHMENT B FLORIDA SINGLE AUDIT ACT REQUIREMENTS A1JD_ rr RE UIREMEN "" 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 State as described in this Addendum to the Grant Award Agreement. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F -Audit Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring procedures may include,but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by 2 CFR §200.425, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures or 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 Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS Part I: Federally Funded This part is applicable if the recipient is a state or local government or a nonprofit organization as defined in 2 CFR §200.90, §200.64, and §200.70. 1. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements. EXHIBIT 1 to this agreement lists the 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 determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR §§200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part. 2. For the audit requirements addressed in Part I,paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR §§200.508-512. 3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, 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). Page:16 Grant Award Agreement(Form GAA001), Effective 07/2023 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. U.S. Government Printing Office wwwecfr ;, v Part II: State Funded This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2), F.S. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of$750,000 in any fiscal year of such recipient(for fiscal years ending June 30, 2017, and thereafter), the recipient must have a state single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.;Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550(local governmental entities)and 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement lists the 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 financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2. For the audit requirements addressed in Part II,paragraph 1, the recipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting package as defined by section 215.97(2), F.S., and Chapters 10.550(local governmental entities)and 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal years ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. If the recipient expends less than$750,000 in state financial assistance in its fiscal and elects to have an audit conducted in accordance with the provisions of section 215.97,F.S.,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). 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 Financial Services (Chief Financial Officer) 1I j:// .m,floridac,fo.coiiV State of Florida Legislature(Statutes, Legislation relating to the Florida Single Audit Act) http://www.leg.state.fl.us/ Part III: Report Submission 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F -Audit Requirements, and required by Part I of this agreement shall be submitted, when required by 2 CFR §200.512, by or on behalf of the recipient directly to each of the following: A. The Department of State through the httpsJ/dosgrants.com/grants management system. Page:17 Grant Award Agreement(Form GAA001), Effective 07/2023 B. The Federal Audit Clearinghouse(FAC) as provided in 2 CFR §200.36 and §200.512. 2. Copies of financial reporting packages required by Part H of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A The Department of State through the httpsJ/dosgrants.com/grants management system. B.The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website(httpsJ/flauditongovn provides instructions for filing an electronic copy of a financial reporting package. 3. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550(local governmental entities)and 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. 4. Recipients,when submitting financial reporting packages to the Department of State for audits done in accordance with 2 CFR 200,Subpart F- Audit Requiretrients,or Chapters 10.550(local govem nental entities)and 10.650(nonprofit and for-profit organizations),Rules ofthe Auditor General,should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Part IV: Record Retention The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s)and 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, the CFO, 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,the CFO, or Auditor General upon request for a period of at least three years from the date the audit report is issued, unless extended in writing by the Department of State. Page:18 Grant Award Agreement(Form GAA001),Effective 07/2023 EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCESAWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not applicable. SUBJECT TO SECTION 215.97,FLORIDA STATUTES: Florida Department of State Historic Preservation Grants, CSFA Number 45.031. Award Amount is $25,000. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The compliance requirements of this state project may be found in Part Four(State Project Compliance Requirements) of the State Projects Compliance Supplement located at littl2s:Ha.1212s.fldfs.con-1/fsaa/. Gra�at A"!arcs Agivc°iiew (iA.A001), ➢'1`I�cirve 07/2023 Rule 1.1-ra';a 001, Florlelca.l�lr�zrrra.ctrcrtia�c� Cod(, Page:19 Grant Award Agreement(Form GAA001),Effective 07/2023 ` State of Florida Np M l� �I ry l Wv V W' Chief Financial Officer Department of Financial Services r Bureau of Accounting 200 East Gaines Street Tallahassee, FL 32399-0354 Telephone: (850) 413-5519 Fax:(850) 413-5550 Substitute Form W-9 In order to comply with Internal Revenue Service(IRS)regulations, we require Taxpayer Identification information that will be used to determine whether you will receive a Form 1099 for payment(s)made to you by an agency of the State of Florida, and whether payments are subject to Federal withholding. The information provided below must match the information that you provide to the IRS for income tax reporting. Federal law requires the State of Florida to take backup withholding from certain future payments if you fail to provide the information requested. Taxpayer Identification Number (FEIN): 59-6000749 IRS Name: MONROE COUNTY BOARD OF COUNTY COMMISSION Address: PO BOX 1980 KEY WEST, FL 33041-0000 Attention Of: FINANCE DEPARTMENT In Care Of: PAM RADLOFF Business Designation: Government Entity Certification Statement: Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer information AND 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding or (b) I have not been notified by the Internal Revenue Service (IRS)that I am subject to backup withholding as a result of failure to report all interest or dividends, or (c)the IRS has notified me that I am no longer subject to backup withholding AND 3. 1 am a U.S. citizen or other U.S. person (including U.S. resident alien) Preparer's Name: PAM RADLOFF Preparer's Title: FINANCE DIRECTOR Phone: 305-292-3560 Email: PRADLOFF@MONROE-CLERK.COM Date Submitted: 10/20/2015 Date printed from the State of Florida Substitute Form W-9 Website:0510312018 ATTACEAMNT B PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity,may not submit a bid,proposal,or reply on a contract with a public e6tity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statute, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list," I C-0 I have read the above and state that neither a.1 1, HjJ -A—rcU0-e01*q le Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. Z—S '--nat Date: ­ DEBORAij 3ROWNFIELD STATE OF: El V rz,*0 11 uft- '—'l—J, "otarY Pu0c*State 3f Florida Commission 4 HH'155736 COMM-Expires May 14 202 7 my ilonded I hrO ugh f4lat Iona I t4ctar�Assn. COUNTY OF: 6ro&." )LN�-e EM- Subscribed and sworn to (or affirmed) before me, by means of hyslcal presence or 0 online notarization, on d ,te by (name of afflant). He/ e is personally known e or tj I tif lee has produced (type of identi j ratification. gOTARTY PU13LIC My Commission Expires: Al ge " -3,6 2;;P ATTACHME NT C SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE ARC"abs-b461"4 t 141$rook 1r.'4'i'_9VM.SF-1;kV-AAJCr (Company) a...warrants that helit has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No- 010-1990 or any County officeror employee in violation of Section 3 of Ordinance No. 010-1990, For breach or violation of this provision the County may, in its discretion,terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer oremployee." (9i'66ature) Date- Of STATE OF, COUNTY OF: t'jovep Subscribed and sworn to(or affirmed)before me, by means of Ophysical presence or 0 online notarization, on ,, -(date)by a", name of affiant). He/She is personally �' �rne or has produced (type of identification)as identification. NOTARY PUIX6,1 My Commission Expires: ATTACHW T D NON-COL1 1SION AFFIDAVIT l 1Z0 Vb ,?-T t,. cAaa- of the rity of -DA4t r= according to law on my oath,. and under penalty of pedury, depose and say that a. I am 9*154 0tT s . cArar, of the firm of ffitlofA- CA4 C*1$5&avA^--ft11e bidder making the roposal for the project described In the Request for Proposals for 1—row elate f H121ois t>V5f 0- and that I executed the said proposal with full authority to do so, b, the prices In this bid have been arrived at independently without collusion, consu tation, communication or agreement for the purpose of restricting competition,as to any matter relating to such prices with any other bidder or with any competitor; C. unless otherwise required by law,the prices which have been quoted In this bid have not been knowingly disclosed by the bidder and Will not knowwingly be disclosed by the bidder prior to Laid opening,directly or indirectly, to any other bidder or to any competitor,and d. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit,or not to submit, a bid for the,purpose+of restricting competition; e.. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said prey' �S(�na`ture) Date: -- STATE OF: t COUNTY OF: Subscribed and sworn to(or affirmed)before me, by means ysical presence or 13 online notarization, on "ddate by , �crrame of affiant . IIeJfre Is personal l' eor has produced' -.__.. (type of identhhioation)as Identification. NOTA UBLIC � � wcaari���rlc-3rx�e�ft�r� ©,a ' AAY r °"'massl�n 35S73 rya My Commission Expires: 21' send vmm, xPitt M0 4,202'7 ' �raraarph r�Warsr s1Y Assn, ATTACHMENT L"DRfi.G-FREE" ORKP ,Aft E FORM The undersigned vendor in accordance with Florida Statute Section 287.087 hereby certifies that: A A ca,,c+ Ai-, 4 tits r0wt.tC1AL- eroS� (Blame of Business) 1. Publish a statement notifying employees that the unlawful manufacture,distribution, dispensing, possession„ or use of a controlled substance Is prohibited In the workplace and specifying the actions that wilt be taken against employees for violations of such prohibition. . Inform employees about the dangers of drug abuse, In the workplace, the business' policy of workplace,a drug-freworkplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations_ 3. Give each employee engaged in providing the commodities or contractual services,that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified In subsection(1), notify the employees that,as a condition of working on the commodities or core al services that are under bid, the employee will abide by the terms of the,statement and will notify the employer of any oonvictlon of, or plea of guilty or nolo contenders to, any violation of Chapter 893(Florida Statutes)or of any controlled substance:few of the United States or any state, for a violation occurring In the wwork7place no later than five (5) days after such conviction. 8. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available In the employee's community,or any€mployee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement,l certify that this firm complies fully with the above requirements. (Signature) Date: 17-4 STATE OF: t24C la 09 iw{7Uri1Ty OF: &216t figP Subscribed and sworn to (or affirmed) b ore a, by Bans of hysical pr nce or ® online notarization, on � _ (date) by R� l t nam4 o a rant). He/She Is personally known to me or has produced (ty e-of Ben � �� u c cation. r�.s Notary P�0lic fly Commission Expires: 7,0 „ NAw "�; �9C34r0.�ai 3tEp'�1m�r1:� � ._... Notary r o:Ps-State of rtan ca C17mf18Ii'S ian 7 HH Is5736 Jay COMM.Zx;OS N,ay 9 d,2027 . �ecl thraughw Hill arwaF N rf AMA. ATTACHMENT F e Project Description( ). Avrc,9-j rap, HIJTo2lc- `J)%s-"ttkt.T r t t_the cart Respondent Vendor Name: ago �..t c Vendor FEIN.;: Vendor's Authorized Representative Name and Title:1.011044- 1 a&r 11 Address: ") 13 ,00 9 �' � � ���.."�-1 -7 city: 3DSLdtr f State: zw Phone Number- +-`2 9 7. -2 T 2 Email Address_ r- 5 Section 287.135,Florida Statutes prohibits a company from bidding on,submitting a proposal for,or entering into or rem-wing a contract for goods or services of any amount if,at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel..Section 297.135,Florida Statutes,also prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for goads or services of$1,000,000 or more,that are on either the Scrutinized Companies with.Activity in Sudan List or the ScrutinizedCompanies with Activities in the Iran Petroleurn Energy Sector Lists which were created pursuant to s.213.473,Florida Statutes,,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respondent Vendor Name"is not listed.onthe Scrutinized Companies that Boycott Israel.List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities an Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged in business operations,in Cuba or Syria. I understand that pursuant to Section 287.135,Florida Statutes,the submission of a false certification may subject company to civil penalties,attorney°s fees, and/or costs.I further understand that any contract with the County may be terminated,at the option of the County,if the company is found to have submitted a false certification or has been placed on the scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or S, 'a. ertified y: OO MPL-G A ,who is authorized to sign on behalf of the above:referenced co npany. Authorized Signature: Print Name: Title: > +' - Note: The List a alMlable at the following Department of Management Services Sate:ft://www.dms.myflorkla.conVbusinlss er io tate 2urchasin ve,,ndor,.informadon/ convicted suspended discrimingLoU com laants vendor lints au 9 Client#: 1251706 ARCHAHIS1 DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 10/06/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: USI Insurance Services LLC PHONE 855 874-1270 FAX A/C,No,Ext: (A/C,No): 2502 N Rocky Point Dr. Suite 400 E-MAIL ADDRESS: selectcommercial@usi.com Tampa, FL 33607 INSURER(S)AFFORDING COVERAGE NAIC# 855 874-1270 Evanston Insurance Company 35378 INSURER A: P y INSURED INSURER B:Bridgefield Employers Insurance Company 10701 Archaeological &Historical Conservancy Hartford Underwriters Insurance Company 30104 INSURER C: P y 4800 SW 64 Avenue, Suite 107 INSURER D Davie, FL 33314 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY 3AA665304 04/29/2023 04/29/2024 EACH OCCURRENCE $5,000,000 CLAIMS-MADE [*OCCUR PREMISESOEa occur°nce $100,000 X BI/PD Ded:1,000 APPROVED BY RISK MANAGEMENT MED EXP(Any one person) $5,000 BY PERSONAL&ADV INJURY $5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: DATE IO/2,d62� GENERAL AGGREGATE $5,000,000 PRO WAIVER N/A YES— X POLICY JECT LOC — PRODUCTS-COMP/OP AGG $ OTHER: $ MBINED C AUTOMOBILE LIABILITY 21 UECHZ8587 09/10/2023 09/10/202 (CEO, identS INGLE LIMIT 1 r 000r 000 acc X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION 83049693 12/05/2022 12/05/2023 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? � N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional MKLV2PE00001539 10/01/2023 10/01/2024 $1,000,000 Liability DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) **Workers Comp Information** Proprietors/Partners/Executive Officers/Members Excluded: Barbara Tansey, Director Elizabeth Read, President Jeffrey Sheppard,Treasurer (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Monroe Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE r ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S42210319/M42199412 S5PZP DESCRIPTIONS (Continued from Page 1) Jim Clupper,Vice President Mary Ellen Gray, Secretary RE: Design Guideline Update for the Tavernier Historic District and Publicly Owned Historic Structures in Monroe County, Florida. The General Liability policy includes an automatic Additional Insured endorsement that provides Additional Insured status to Monroe County(County), only when there is a written contract that requires such status, and only with regard to work performed by or on behalf of the named insured. SAGITTA 25.3(2016/03) 2 of 2 #S42210319/M42199412