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08/21/2002 Agreement Cleltl of Ole Circul coun Danny L. Kolhage Clerk of the Circuit Court Phone: (805) 292-8550 F~: (305)295-3668 e-mail: phancock@monroe-clerk.com MerJ1lJranlium TO: Jennifer Hill, Director Management Services ATTN: Dave Owens Grants Management FROM: Pamela G. Hanc~ Deputy Clerk CJ:? DATE: September 6, 2002 At the August 21, 2002, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Financial Agreement, Fiscal Year 2002-2003, between Monroe County and Florida Healthy Kids Corporation in which the County agrees to provide $38,493.00 in matching funds for the period July 1, 2002 through June 30, 2003. Historic Preservation Grant Award Agreement, Survey & Planning Grants - Advanced Payment, Grant No. S3075 between Monroe County and Department of State, Division of Historical Resources to perform the Monroe County Historic Buildings Survey Project. Enclosed are four duplicate originals of each of the above, executed on behalf of Monroe County, for your handling. Please be sure that the fully executed "Monroe County Clerk's Original" and the "Monroe County Finance Division's Original" are returned to our office as soon as possible. Should you have any questions please do not hesitate to contact this office. Cc: County Administrator w/o documents Finance w/o documents County Attorney File .I Historic Preservation Grant Award Agreement Survey & Planning Grants - Advanced Payment Grant No. S3075 This AGREEMENT is between the State of Florida, Department of State, Division of Historical Resources, hereinafter referred to as the Department, and the Monroe County, a political subdivision of the State of Florida, hereinafter referred to as the Grantee, relative to the Monroe C~ Historic BUildi~~t, hereinafter referred to as the Project, and is entered into this day of - f'I\ 2002, and shall end on June 30, 2003. The Department is responsible for the administration of grant-in-aid assistance for historic preservation purposes under the provisions of Section 267.0617, Florida Statutes. The Grantee has applied for grant-in-aid assistance for the Project. The application, incorporated by reference, has been reviewed and approved in accordance with Chapter IA-35, Florida Administrative Code, which regulates Historic Preservation Grants-in-Aid. Subject to the limitations set forth in this Agreement, grant-in-aid funds in the amount of thirteen thousand one hundred twenty five dollars ($13,125.00) have been reserved for the Project by the Department. The Department and the Grantee agree as follows: I. The Project shall include the following authorized project work: A. Conduct a Historic Architectural Survey in unincorporated Monroe County. Florida Master Site File forms will be completed or updated on all identified sites. A Survey Log Sheet and Final Survey Report will be produced. B. A draft of the Survey Report and five sample Master Site File forms, including photos and maps as per Attachment B of the Grant Award Agreement, will be submitted to the Department no later then forty-five days prior to the end of the grant period for review and approval. C. Two copies of the Final Survey Report with one Survey Log Sheet and one copy of Florida Master Site File forms with photos and maps, will be submitted to the Department at the end of the grant period as final products. II. The Grantee agrees to administer the Project in accordance with the GENERAL AND SPECIAL CONDITIONS GOVERNING GRANTS AND THE ADMINISTRATIVE INSTRUCTIONS FOR HISTORIC PRESERVATION PROJECT ACCOUNTABILITY attached as Attachment "A", and Chapter IA-35, Florida Administrative Code, and the following specific conditions: A. The Grantee agrees to complete the Project by June 30, 2003 and submit the Final Products and the Final Progress Report and Final Expenditure Report, as specified in Attachment "A", Part II, subparagraph B.2., within 30 days of completion of project work. No costs incurred prior to the commencement date of this Agreement are eligible for payment from grant funds. No costs incurred after the above project work completion date will be eligible for payment unless specifically authorized by the Department before the cost is incurred. B. The Department shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the Department. The Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee, itsagents, servants or employees. C. The Grantee, other than a grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the Department harmless from and against any and all claims or demands for damages, including attorney fees and court costs, resulting from personal injury, including death or damage to property, arising out of any activities performed under this Agreement, omissions to act or negligence of the Grantee, its agents, servants, or employees and shall investigate all claims at its own expense. D. The Grantee shall be solely responsible for all work performed and all expenses incurred in connection with the Project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution, and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. E. The Grantee shall submit complete bid documents, including plans and specifications, to the Department for review and approval prior to the execution of any contract for construction work. F. The Grantee agrees that all acts to be performed by it in connection with this Agreement shall be performed in strict conformity with all applicable laws and regulations of the State of Florida. G. The Grantee shall coordinate consultation between its professional consultants and appropriate Department staff representatives as necessary to assure mutual understanding of and agreement on the objectives, requirements, and limitations of the Project in relation to the State Historic Preservation Program. H. The Department shall unilaterally cancel this Agreement in the event that the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction with this Agreement. I. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. The Grantee shall not charge the Department for any travel expense without the Department's written approval. Upon obtaining the Department's written approval, the Grantee shall be authorized to incur travel expenses to be reimbursed in accordance with Section 112.061, Florida Statutes. J. The Grantee recognizes that the State of Florida, pursuant to Section 212.08(6), Florida Statutes, is not required to pay taxes on any goods or services which may be provided to it pursuant to this Agreement. K. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the Department has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, the total grant shall be reduced in proportion to the revenue shortfall. L. All project work must be in compliance with the Secretary of the Interior's Standards for Identification, and Evaluation. 2 M. The Grantee will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of race, religion, color, handicap, national origin, age, gender, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this Agreement. N. The Department shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of collection related to the grant. O. These grant funds will not be used for lobbying the Legislature, the Judicial branch or any state agency. P. Each grantee, other than a grantee which is a State agency, shall submit to an audit or submit an attestation statement pursuant to Section 216.349, Florida Statutes. Q. The product of the Project must be the original work of the Grantee or its consultants. If the work of others is used as background information, it shall be appropriately credited to the originator. III. The Department agrees to pay the Grantee for 50% of the Grantee's total cash expenditures and donated values, so long as the Grantee's cash expenditures equal or exceed the amount of donated values, up to a maximum payment of thirteen thousand one hundred twenty five dollars ($13,125.00) If the donated values exceed the amount of cash expenditures, the Department shall only pay the Grantee for 100% of actual cash expenditures up to a maximum payment of thirteen thousand one hundred twenty five dollars ($13,125.00). In order for any expenditure to qualify for payment, it must be properly documented, be for work performed during the term of the Agreement, and for a charge which is reasonable in amount and directly related to and necessary for the completion of the authorized project work. The total amount as prescribed above shall be made to the Grantee in four quarterly installments. The first three may be made at the beginning of each quarter for which they are allotted. Grantees shall submit the four signed Requests for Advanced Payment Forms (No. HR2E560397, effective 3/97), herein incorporated by reference, with this signed Grant A ward Agreement to initiate the grant. The Grantee shall submit to the Department a completed "Progress and Expenditure Report" form for every reporting period of the grant period. Progress and Expenditure Reports shall be received by the Department within 30 days of the ending of a reporting period. Within 30 days of completion of project work, the Grantee shall submit the completed "Final Progress and Expenditure Report" form to the Department. The last grant payment installment shall be payable during the last quarter for which allotted and upon receipt and verification of the Grantee's Final Progress and Expenditure Report and verification of all previously submitted Progress and Expenditure Reports. When advance payments have been made by the Department, adjustments for overpayments shall be made quarterly and upon receipt of the Final Progress and Expenditure Report, unless otherwise agreed by the parties. In addition, in the event that all project work which is the subject of this Agreement is not fully completed in both a timely and satisfactory manner, the Department reserves the right to demand and receive full reimbursement of all sums which it has paid the Grantee under this Agreement. Payment for project costs will also be contingent upon all authorized project work being in compliance with the aforementioned Secretary of the Interior's Standards, and the inspection and approval of the grant assisted work by the Department. The Department further agrees to the following conditions: 3 A. The Department shall review and approve as to form and content all proposed contracts of the Grantee for the procurement of goods and services relating to the project work and all proposed contract change orders or amendments prior to final execution of said contracts, change orders or amendments, but said review and approval shall not be construed as acceptance by or imposition upon the Department of any financial liability in connection with said contracts. B. The Department shall review and approve detailed plans, specifications, and other bid documents for construction work relating to the Project prior to the execution of any contract for such work; review and comment on all preliminary reports and recommendations; and confer with the Grantee and its professional consultants as necessary throughout the course of the Project, to assure compliance with the objectives, requirements and limitations of the State Historic Preservation Program. IV. The payment schedule of grant funds shall be subject to the timely filing of required reports and to any special conditions required by the Office of the Comptroller, State of Florida. V. VI. VII. VIII. IX. Surplus funds must be temporarily invested and the interest earned on such investments shall be returned to the State. The Grantee shall report interest earnings quarterly, and shall remit the total interest earned at the end of the grant period in the form of a check or money order made payable to the Florida Department of State. This Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this Agreement. If any term or provision of this Agreement is found to be illegal and unenforceable, the remainder of this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. Each grantee, other than a grantee which is a State agency, agrees that, its officers, agents and employees, in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee or agent of the State. Each grantee, other than a grantee which is a State agency, is not entitled to accrue any benefits including retirement benefits and any other rights or privileges connected with employment in the State Career Service. The Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State. The Grantee shall not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without prior written consent of the Department which consent shall not be unreasonably withheld. The Agreement transferee must also demonstrate compliance with Chapter lA-35, Florida Administrative Code. If the Department approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties and obligations of the Department to another government entity pursuant to Section 20.06, Florida Statutes, or otherwise, the rights, duties and obligations under this Agreement shall also be transferred to the successor government entity as if it were an original party to the Agreement. 4 X. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the Department. XI. The following provisions shall apply for the voluntary and involuntary suspension or termination of the grant by either the Department or the Grantee: A. Suspension. Suspension is action taken by the Department which temporarily withdraws or limits the Grantee's authority to utilize grant assistance pending corrective action by the Grantee as specified by the Department or pending a decision by the Department to terminate the grant. 1. Notification. When the Grantee has materially failed to comply with the terms and conditions of the grant, the Department may suspend the grant after giving the Grantee reasonable notice (usually 30 calendar days) and an opportunity to show cause why the grant should not be suspended. The notice of the suspension will detail the reasons for the suspension, any corrective action required of the Grantee, and the effective date of the suspension. 2. Commitments. No commitments of funds incurred by the Grantee during the period of suspension will be allowed under the suspended grant, unless the Department expressly authorizes them in the notice of suspension or an amendment to it. Necessary and otherwise allowable costs which the Grantee could not reasonably avoid during the suspension period will be allowed if they result from charges properly incurred by the Grantee before the effective date of the suspension, and not in anticipation of suspension or termination. Third party contributions applicable to the suspension period shall not be allowed in satisfaction of matching share requirements, unless otherwise agreed by the parties. 3. Adjustments to payments. Appropriate adjustments to the payments submitted after the effective date of suspension under the suspended grant will be made either by withholding the payments or by not allowing the Grantee credit for disbursements made in payment of unauthorized costs incurred during the suspension period. 4. Suspension period. Suspensions will remain in effect until the Grantee has taken corrective action to the satisfaction of the Department or given written evidence satisfactory to the Department that corrective action will be taken, or until the Department terminates the grant. The grant shall be terminated by the Department if the Grantee fails to respond in writing to a notification of suspension within 30 calendar days of receipt of such notification by the Grantee. B. Termination. Termination is the cancellation of grant assistance, in whole or in part, under a grant or project at any time prior to the date of completion. 5 1. Termination for cause. The Department shall have the authority to cancel this Agreement because of failure of the Grantee to fulfill its obligations under this Agreement or any other past or present grant award agreement with this Division or any other Division within the Department of State. Satisfaction of obligations by the Grantee shall be determined by the Department. The Department shall provide the Grantee a written notice of default letter. The Grantee shall have 15 calendar days to cure the default, unless it is determined by the Department that the default is of a nature that cannot be cured. If the default is not cured by the Grantee within the stated period, the Department shall terminate this Agreement. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this Agreement, the Grantee will be compensated for any work satisfactorily completed in accordance with this Agreement prior to notification of termination. 2. Termination for convenience. The Department or the Grantee may terminate the grant in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two parties will agree upon the termination conditions, including the effective date, and in the case of partial terminations, the portion to be terminated. 3. Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to the first payment on the grant although the Department must be notified in writing prior to cancellation. After the initial payment, the Project may be terminated, modified, or amended by the Grantee only by mutual agreement of the Grantee and the Department. Request for termination prior to completion must fully detail the reasons for the action and the proposed disposition of the uncompleted work. 4. Commitments. When a grant is terminated, the Grantee will not incur new obligations for the terminated portion after the notification of the effective date of termination. The Grantee will cancel as many outstanding obligations as possible. The Department will allow full credit to the Grantee for the Department's share of the noncancelable obligations properly incurred by the Grantee prior to termination. Costs incurred after the effective date of the termination will be disallowed. XII. Unless there is a change of address, any notice required by this Agreement shall be delivered to the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the Department, and to, Monroe County, 1100 Simonton Street, Key West, Florida, 33040, for the Grantee. Unless the Grantee has notified the Department in writing by return receipt mail of any change of address, all notices shall be deemed delivered if sent to the above address. XIII. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this contractual relationship. XIV. This instrument and the Attachments hereto embody the whole Agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties. No change or addition to this Agreement and the Attachments hereto shall be effective unless in writing and properly executed by the parties. 6 All written approvals referenced in this Agreement must be obtained from the parties' grant administrators or their designees. The Department and the Grantee have read this Agreement and the Attachments hereto and have affixed their signatures: DEPARTMENT OF STATE MONROE COUNTY i cb{( T " I Signature of Authorized Official Cf--LikLrc S /\;1 c C [y I /1/llf-Y (;12- Typed Name and Title of Authorized Official ......~ .---.,.,.,.."" </~::0 ). \].) !:'''' \\t~~,\. 7 '" ...., ~ 0 c:::> 0 ..c- r- :r 'po ..., f'T1 ::c ?% 1'""1 C) o'z O::J 1"11~-< I .." g(-,: w 0 c:;O::=: :::0 :z: . Cl ~ ?:J --! n r-- -~P' iTl :< ~-i~;; 0"\ ,:') ..,., c') r- ' .-.~..1 J;o Pl .s;:- ,'} - J ::.:1 Historic Preservation Grant Award Agreement Attachment A General and Special Conditions Governing Grants and Administrative Instructions for Historic Preservation Project Accountability For Advanced Payment State of Florida Department of State, Division of Historical Resources June 2000 Introduction and Definitions In accordance with the provisions of Chapter 267, Florida Statutes, the Division of Historical Resources, Department of State is responsible for the administration of a comprehensive program of historic preservation activities in Florida, and is authorized to participate in and receive funding assistance from the Federal historic preservation program administered by the National Park Service, United States Department of the Interior as authorized by the National Historic Preservation Act of 1966, as amended. Major funding for the overall program is derived from State funds authorized by the Florida Legislature and from the annual apportionment of Federal funds to Florida through the Federal historic preservation program. The award and administration of grant-in-aid assistance for historic preservation projects to be carried out by public agencies or preservation organizations at the local level is one element of the State's comprehensive historic preservation program. Grants are awarded from funds available in the Historic Preservation Trust Fund established under authority of Section 267.0617, Florida Statutes. These funds may include a part of the Federal funds apportioned annually to the State, as well as funds appropriated for this purpose by the State Legislature and funds contributed from other sources. The cost of administering historic preservation projects grants is included in the overall costs of the comprehensive program, and is supported in part by the annual apportionment of Federal funds. Continued eligibility for Federal funding assistance requires that the State's comprehensive historic preservation program be administered in accordance with Federal laws, regulations, and conditions, as well as those of the State of Florida. The General and Special Conditions Governing Grants and the Administrative Instructions for Historic Preservation Project Accountability contained herein are intended to inform grantees of and assure grantee compliance with the Federal and State requirements applicable to historic preservation projects grants. Definitions "Allowable project costs" are the direct costs in cash expenditures and value of in-kind donations that are necessary to the accomplishment of authorized project work, incurred during the project period, and properly documented in accordance with the Department's Administrative Instructions for Historic Preservation Project Accountability. "Authorized project work" means those activities described in Section I of the grant award agreement or in a fully executed amendment thereto. "Department" means the State of Florida, Department of State, Division of Historical Resources. "Grantee" means the agency, organization, or individual named in the grant award agreement. "Grant period" means the period of time beginning on the effective date of the grant award agreement and ending on the date specified in the grant award agreement. "Project funds" refers to all amounts available for or expended in connection with the authorized project work, whether derived from State or Federal grant share or local matching share sources, public or private, and whether provided in cash or in-kind. "Project period" means the period of time beginning on the effective date of the grant award agreement and ending when the project completion report is approved by the Department or on the date otherwise specified in the grant award agreement or any amendment thereto. PART I General and Special Conditions Governing Grants All expenditures in connection with projects approved for assistance under the historic preservation grant program are subject to the provisions of Chapter 267, Florida Statutes; the National Historic Preservation Act of 1966, as amended; other applicable State and Federal laws, rules and regulations; the general conditions listed below; and special conditions affixed to project grant awards. Applicability These conditions are applicable both to the grantee and to any consultants, contractors, or employees to which grant-in-aid funds are paid. Failure by the grantee to comply with the conditions of grant assistance will be considered to be noncompliance. A. General Conditions 1. Grantee Publicity Requirements. In order to insure a wide public awareness of historic preservation in general and local preservation projects, the grantee shall meet the following requirements regarding publicity of his/her project: a. At the outset of the project, a news release identifying the project's specifics including source(s) of grant funds, name of the project, along with its nature and benefits to the community shall be sent by the grantee to local print and electronic media. b. Upon completion of the project, the grantee shall issue another news release to local print and electronic media. c. There shall be an effort on the part of the grantee to encourage publication of one or more feature stories on the grantee's project by a newspaper, magazine or television program of at least local circulation. Satisfactory evidence regarding feature stories shall consist of a copy of any newspaper or magazine articles; or letter(s) from grantees to newspapers, magazines or television stations indicating the grantee has requested such a feature story; or written certification from the grantee to the Department that an effort was made. In any case, if the effort was successful, the grantee shall provide the Department with a copy of any such articles or written statement of when any television story was broadcast. d. During the course of the project, the grantee is encouraged to inform elected officials, including state officials, mayors, and city and county commissions, by letter of the nature and benefits of the project. e. Finally, in the case of rehabilitation or restoration projects, the grantee should also make an effort, where appropriate in the judgment of the grantee, to publicize the project and the source of grant assistance (at any stage of the project) to the community through a dedication or other public ceremony of some nature. f. Federally Funded Projects: All news releases and promotional materials relating to the project shall contain acknowledgment of grant assistance, substantially as follows: 'This project (or publication) has been financed in part with historic preservation grant assistance provided by the National Park Service, U.S. Department of the Interior, administered through the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Historic Preservation Advisory Council. However, the contents and opinions do not necessarily reflect the views and opinions of the Department of the Interior or the Florida Department of State, nor does the mention of trade names or commercial products constitute 2 endorsement or recommendation by the Department of the Interior or the Florida Department of State. This program receives Federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, disability, or age in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: Office of Equal Opportunity, National Park Service, 1849 C Street, NW, Washington, DC 20240." g. State Funded Projects: All news releases and promotional materials relating to the project shall contain acknowledgment of grant assistance, substantially as follows: "This project (or publication) has been financed in part with historic preservation grant assistance provided by the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Historic Preservation Advisory Council. However, the contents and opinions do not necessarily reflect the views and opinions of the Florida Department of State, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Florida Department of State. 2. Amendments to the Grant Award Agreement. All amendments to the grant award agreement for the project shall be in writing and fully executed by both parties. Amendments will be prepared by the Department, either at its own initiative or upon approval of the written request of the grantee. 3. Changes in Scope of Project Work. The grantee may not, without formal amendment of the grant award agreement, make changes in the scope of the project which would alter the allowable project work or services as stipulated in the grant award agreement or make any changes which might result in a deviation from the intent of the legislation which authorized the award of the grant. In the event of uncertainty, questions should be referred to the Department for final determination. 4. Extension of Grant Period. No extension of the grant period will be authorized without formal amendment of the grant award agreement. 5. Timeliness of Work. The grantee shall cause work on the project to be commenced within a reasonable time not to exceed ninety (90) days after the effective date of the grant award agreement. The grantee shall prosecute the authorized project work to completion with reasonable diligence and within the project period. 6. Project Supervision. The grantee will assure that competent and adequate professional supervision and inspection is provided and ensure that the completed work conforms to the approved standards and specifications. 7. Conflict of Interest. The grantee' shall comply with the laws of the State of Florida governing conflict of interest and standards of ethical conduct, including Chapter 112, Part III, Florida Statutes. In addition, no grantee official, employee, or consultant who is authorized in his or her official capacity to negotiate, make, accept, approve, or take part in decisions regarding a contract, subcontract, or other agreement in connection with a grant assisted project shall take part in any decision relating to such contract, subcontract or other agreement in which he or she has any financial or other interest, or in which his or her spouse, minor child, or partner, or any organization in which he or she is serving as an officer, director, trustee, partner, or employee of which he or she has or is negotiating any arrangement concerning employment has such interest. 3 8. Dual Compensation. If a grantee staff member or consultant is involved simultaneously in two or more projects supported by State or Federal funds, and compensation on either project is based upon percentage of time spent, he or she may not be compensated for more than 100 percent of his/her time during any part of the period of dual involvement. 9. Contingent Fees. No person, agency, or other organization may be employed or retained to solicit or secure a grant or contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee. For breach or violation of this prohibition, the Department shall have the right to annul the grant without liability or, at its discretion, to deduct from the grant or othervvise recover the full amount of such commission, percentage brokerage or contingent fee, or to seek such other remedies as may be legally available. 10. Use of Individual Consultants. No project funds shall be used for the payment of fees to individual consultants without the written authorization of the Department. The procurement of individual consultant services must be justified and documented in accordance with the Administrative Instructions for Historic Preservation Project Accountability contained in Part II herein. In no case will consultant fees over and above regular salary be paid to employees of the grantee organization or of professional firms or organizations whose services have been properly procured by the grantee for the project. The grantee will not use any project funds to pay travel expenses of employees of the Florida Department of State or Federal government for lectures, attending program functions, or any other activities in connection with the project. 11. Civil Rights Compliance. The grantee will assure that the project is administered in conformance with the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended. Title VI of the Civil Rights Act of 1964 states that no person will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be othervvise subjected to discrimination under any program or activity receiving Federal financial assistance. Section 504 of the Rehabilitation Act of 1973 requires that no qualified disabled individual is solely, by reason of disability, excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving Federal financial assistance. The Age Discrimination Act of 1975 prohibits discrimination on the basis of age under any program or activity receiving Federal financial assistance. Every grantee is required to submit a Civil Rights Assurance of Compliance Form. No grant awards may be made without a Civil Rights Assurance of Compliance Form on file. 12. Discrimination in Employment Prohibited. In all hiring or employment in connection with the project, each employer (1) will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin, and (2) will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, age, or national origin. In addition, no qualified person shall, on the basis of disability, be subject to discrimination in employment in the grant assisted project. These requirements apply to, but are not limited to, the following: employment, promotion, demotion or transfer; rates of payor other forms of compensation; and selection for training, including apprenticeship. The grantee and its consultants or contractors will comply with all applicable statutes and Executive Orders on equal employment opportunity and grant awards will be governed by the provisions of all such statutes and Executive Orders, including enforcement provisions. 13. Religious Institutions. If the project involves a church or church related organization or property, the grantee will assure that neither the execution of nor the public benefit resulting from the project require involvement or participation in religious services or activities. 14. Political Activities. No expenditure of project funds may be made for the use of equipment or premises for political purposes, sponsoring or conduction of candidate's meeting(s), 4 engaging in voter registration or voter transportation activity, or other partisan political activities. 15. Hatch Act. No officer or employee of the State whose principal employment is in connection with any activity which is financed in whole or in part with grant assistance shall take part in any of the political activity proscribed in the Hatch Political Activity Act, 5 USC 1501 et. seq., as amended, with its stated exceptions. 16. Lobbying Activity. No part of the project funds shall be used, either directly or indirectly, to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress or the State Legislature, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress or the State Legislature, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation, as proscribed in 18 USC 1913. 17. Safety Precautions and Liability. The Department assumes no responsibility with respect to accidents, illness, or claims arising out of any work performed under a grant supported project. The grantee is expected to take necessary steps to insure or protect itself and its personnel and to comply with the applicable local, State or Federal safety standards, including those issued pursuant to the National Occupational Safety and Health Act of 1970 (see 20 CFR 1910). 18. Federally Funded Project Audit Requirements. Non-Federal entities that expend $300,000 or more a year in Federal awards must have a single or program-specific audit conducted in accordance with OMS Circular A-133. 19. Reports, Records, and Inspections. The grantee will submit financial, program progress, evaluation, and other reports as required by the Department and will maintain such property, personnel, financial, and other records and accounts as are deemed necessary by the Department to assure proper accounting for all program funds. The grantee, its consultants and contractors will permit on-site inspections by Department representatives and will effectively require employees to furnish such information as, in the judgment of the Department representatives, may be relevant to a question on compliance with grant conditions and the effectiveness, legality, and achievements of the program. 20. Examination of Records. The Secretary of State of the State of Florida and the State Auditor General, or any of their duly authorized representatives, shall have access for the purpose of financial or programmatic audit and examination to any books, documents, papers, and records of the grantee that are pertinent to the grant at all reasonable times during a period of five years following completion of the project, or until all claims or audit findings have been resolved. 21. Disclosure of Information. The grant award agreement may be canceled by the Department without prior notices for. refusal by the grantee to allow public access to all 5 documents, papers, letters or other material relating to the project, in accordance with the provisions of Chapter 119, Florida Statutes, and with the Freedom of Information Act, 5 USC 552. 22. Rights to Data and Copyrights. b. When publications, films, or similar materials are developed, directly or indirectly, from a program, project or activity supported by grant funds, any copyright resulting therefrom shall be held by the Florida Department of State, Division of Historical Resources. The author may arrange for copyright of such materials only after approval from the Department. Any copyright arranged for by the author shall include acknowledgment of grant assistance. As a condition of grant assistance, the grantee agrees to, and awards to the Department and, if applicable, to the Federal Government, and to its officers, agents, and employees acting within the scope of their official duties, a royalty-free, nonexclusive, and irrevocable license throughout the world for official purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data covered by the copyright. 23. Compliance with Environmental Protection Laws and Regulations. No project funds shall be used for project work involving ground disturbance, modification of land use patterns, new construction, or other known or potential alteration of the natural environment that does not conform to State and Federal laws and regulations relating to protection of the natural environment, including but not limited to the National Environmental Policy Act of 1969, as amended, 42 USC 4321 et. seq., establishing national policy goals and objectives for protecting and enhancing the environment. 24. Energy Conservation. The grantee shall promote energy conservation and utilize to the maximum extent practicable the most energy efficient equipment, materials, construction methods, and operating procedures available in the accomplishment of project work. 25. Convict Labor. The grantee or its contractors may utilize the labor of State prisoners in authorized work release, parole or probation programs in the accomplishment of work. In accordance with Executive Order 11755, no person undergoing a sentence of imprisonment at hard labor shall be employed on grant assisted project work. 26. Minority Businesses. The grantee shall encourage greater economic opportunity for minority business enterprises, as defined in Chapter 288.703, Florida Statutes, in accomplishment of project work. To the maximum extent possible, the grantee and its consultants or contractors will take affirmative steps to assure that minority businesses are used as sources of supplies, equipment, construction, and services. Affirmative steps shall include but not necessarily be limited to the following: (1) inclusion of qualified minority businesses on solicitation lists; (2) the assurance minority businesses are solicited whenever they are identified as potential sources; (3) the division of total requirements, when economically feasible, into small tasks; or quantities to permit maximum participation of minority businesses; (4) the establishment of reasonable delivery schedules when feasible, so as to encourage participation by minority businesses; and (5) utilization of the services and assistance of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce. 6 B. Special Conditions Applicable to Acquisition and Development Projects. The following special conditions apply to grant assisted projects involving the acquisition, preservation, protection, restoration, rehabilitation, stabilization, or construction of a site, building, structure, or object. 1. Accessibility for the Disabled. The grantee shall ensure that the grant assisted property meets the requirements of the Americans with Disabilities Act, Public Law 101-336; Section 25.21, Florida Statutes; and Part V, Chapter 553, Florida Statutes regarding accessibility for the disabled. Specifications for project work must conform with the "Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped" published by the American National Standards Institute and The Secretary of the Interior's Standards for Rehabilitation. 2. Project Signs. When grant assistance is provided for acquisition or development work, a project identification sign will be displayed in a prominent location at the project site while project work is in process. The sign must be a minimum of eight (8) square feet in size (usually 2x4 feet), be constructed of plywood or other durable material, and identify the project and source of grant support. Any variation in the above specifications must be approved by the Department. The sign wording shall contain acknowledgment of grant assistance: "THIS PROJECT HAS BEEN FINANCED IN PART WITH HISTORIC PRESERVATION GRANT ASSISTANCE PROVIDED BY THE BUREAU OF HISTORIC PRESERVATION, DIVISION OF HISTORICAL RESOURCES, FLORIDA DEPARTMENT OF STATE, ASSISTED BY THE HISTORIC PRESERVATION ADVISORY COUNCIL." The costs of preparation and erection of the project identification sign are allowable project costs; routine maintenance costs of signs are not allowable. 7 PART II Administrative Instructions for Historic Preservation Project Accountability These instructions are intended to assist historic preservation grant recipients in meeting the accounting and public benefit requirements of the historic preservation grants-in-aid programs administered by the Department. Grantee Administrative Records and Reports Grantees are responsible for maintaining financial records and project progress reports as outlined below. These records and reports shall be retained for a period of five (5) years following completion of the project, or until such time as any litigation, claims, or audit questions arising from examination or audit initiated prior to expiration of the five year period are finally resolved. All grantee project records and reports are subject to public disclosure under the provisions of Chapter 119, Florida Statutes, and the Freedom of Information Act, 5 USC 552. A. Financial Records. Financial records must be adequate to account for the receipt and expenditures of all project funds, and to demonstrate compliance with required procedures. Grantee financial records are subject to audit by State auditors. Inadequate, incomplete or incorrect project financial records may result in ineligibility for grant assistance. Financial records shall include, but are not limited to: 1. Documentation of Project Funds. Project funds include the total amount of cash and in- kind values available to defray the direct costs of the project. They consist of the grant assistance share provided by the Department plus the local matching share provided by the grantee. a. Grant Assistance Share. Grant assistance is authorized to pay a percentage of allowable project costs, within the dollar limits of the grant, as specified in the grant award agreement. Grantee financial records shall include complete documentation pertaining to the application for grant assistance, the award of the grant, the grant award agreement, and the receipt and deposition of grant funds. b. Local Matching Share. Local matching share may be provided in the form of cash expenditures or the value of materials and services donated in-kind for use in the direct accomplishment of authorized project work. Matching share may be derived from any other sources available to the grantee, with the exception that funds from other Federal funding programs cannot be used to match grant assistance funds derived from the Federal Historic Preservation Fund apportionment to the State of Florida. (This restriction does not apply to Community Development Block Grants, Urban Development Action Grants, or Revenue Sharing Funds). (1) Grantee financial records shall clearly identify the source, amount, and date of receipt of all cash funds and donated values applied to the project. Receipts shall be recorded as they occur. (2) Donated services shall be valued at the Federal minimum wage rate, unless the services donated are those normally provided by the donor in his or her profession or trade, in which case they may be valued at rates consistent with those paid for similar work in the local labor market area. (3) Donated materials shall be valued at the donors cost or the fair market value at the time of donation, whichever is less. 8 2. How to Obtain Goods and Services (Documentation of Procurement Procedures). Be sure that your organization provides maximum free competition when procuring goods and services related to your grant assisted project. Every effort must be made to use small business firms, minority owned firms, women's business enterprises, and labor surplus areas. With the one exception noted below, the grantee must obtain goods and services by using one of the following methods: a. Small Purchase Procedures. Goods and services may be procured by purchase order, acceptance of vendor proposals, or other appropriate procurement document, provided that: (1) you request cost quotes or proposals from three or more vendors; and (2) you are provided with an adequate description of the goods and services available. b. Competitive Negotiation. Professional services may be procured by competitive negotiation procedures in the following manner: (1) Request proposals from three or more competitors; (2) Evaluate and rank their qualifications; and (3) Select the most qualified competitor, ensuring fair and reasonable competition. Be sure that you have also done the following: (a) Publicized the request through notices in local newspapers or trade journals, in addition to individual solicitations; and (b) Identified all significant evaluation factors and their relative importance in the request for proposal. c. Competitive Sealed Bids. Contracts for the procurement of goods and services may be let on the basis of sealed bids solicited through formal advertisement in newspaper of local or area circulation. Be sure to include the following items in your advertisement: (1) Notice of the time and place of public bid opening; (2) Instructions on how to obtain detailed bid documents or procurement specifications; and (3) A statement that public funds are involved. d. Exception. The following method must be used by departments or agencies of the state; and by units of county, municipal or other local government: Professional architectural, engineering, landscape architectural, or land surveying and mapping services must alwavs be selected throuoh comoetitive neootiation orocedures as stipulated in the "Consultants' Competitive Negotiation Act", Section 287.055, Florida Statutes. e. Qualification of Contractors. It is essential that the project be supervised and carried out by personnel possessing training and experience appropriate to the nature 9 of the project. Grantees shall require, as a part of the bid or proposal package submitted by prospective contractors, documentation of the professional qualifications of the key personnel to be employed. Such documentation shall include, but not be limited to: (1) resumes of academic training and employment in the applicable field; (2) evidence of possession of required licenses or business permits; and (3) evidence of any previous experience in projects of a similar nature. f. Contract Provisions. In addition to provisions defining a sound and complete procurement contract, any grantee shall ensure that the following contract provisions or conditions are included in all procurement contracts and subcontracts relating to the project: (1) Contracts other than small purchases shall contain provIsions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (2) All contracts shall contain suitable provisions for termination by the grantee, including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. (3) All contracts and subcontracts awarded by the grantee and its primary contractors shall assure equal employment opportunity. (4) All contracts (except those awarded by small purchases procedures) awarded by grantees shall include a provision to the effect that the grantee, the Department, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract, for the purpose of making audit, examination, excerpts, and transcription. Grantees shall require contractors to maintain all required records for five years after grantees make final payments and all other pending matters are closed. (5) All contracts involving construction work shall include provision for compliance with the Copeland "Anti-Kickback" Act, 18 USC 874, as supplemented in Department of Labor regulations, 29 CFR Part 3, prohibiting employers from inducing any person employed to give up any part of the compensation to which he or she is otherwise entitled. (6) All contracts involving the research, preparation, and publication of data shall include notice of the conditions relating to copyrights contained in paragraph 1.A.22. on page 6 of this document. g. Contract Pricing (1) Procurement by small purchase procedures or competitive negotiation methods may be priced on either a fixed-fee or cost reimbursable basis. 10 (2) Procurement by the competitive sealed bid method shall be priced on a firm- fixed-fee basis. (3) Procurement based on cost-plus-percentage-of-cost or percentage-of- construction-cost contracts shall not be included in determining allowable project costs, h. Documentation to be Submitted to the Department. The grantee shall submit the following items to the Department as evidence or compliance with procurement procedures prior to the execution or any contract for project work: (1) copies of the solicitation for proposals or invitation to bid and all applicable bid documents, including construction plans and specifications if required - to be submitted upon distribution or publication; (2) a summary of proposals or bids received and the basis for contractor selection _ to be submitted upon completion of the selection process; and (3) a copy of the final contract - to be submitted for review and approval by the Department prior to final execution by the grantee. 3. Documentation of Project Costs. The grantee shall submit a Project Progress and Expenditure. Report for every reporting period of the grant. a. Determination of Allowable Project Costs. The total project cost submitted by the grantee might contain expenditures that are not allowable in determining the eligible costs in accordance with the grant award agreement. The Department will review each Expenditure Report, and make its determination of the eligible costs on the basis of the following criteria: (1) Allowable project costs shall include: (a) costs incurred by contract for procurement of goods and services approved by the Department; (b) costs incurred by properly documented small purchase procedures; (c) costs incurred by the grantee for the following items applied directly to authorized project work: i. accounting: the cost of establishing, maintaining, and auditing financial accounts; ii. communications: specific charges for telephone, telegraph, or other comm,unications services; iii. employee salaries and benefits; iv. materials and supplies; v. procurement services: the cost of advertising, solicitation, processing, and administration of procurement contracts; vi. reproduction: the cost of limited reproduction of reports, forms, and project documents; 11 vii. travel: the costs of travel, lodging and subsistence at rates not exceeding commercial coach fares or current mileage and per diem rates allowed by the State, only after obtaining written approval from the Department. (d) the properly documented value of donated services and materials. (2) Costs not allowable shall include: (a) project costs incurred outside the project period; (b) costs of goods and services not procured in accordance with required procurement procedures; (c) costs or value of donations not properly documented as described below; (d) costs incurred by the grantee other than those specified in the authorized project work, or not directly related to the project; and (e) indirect costs incurred for common or joint activities of the grantee. b. State Funded Projects-Documentation of Grantee Cash Expenditures. Grantees shall provide a detailed listing of each expenditure in the Expenditure Report, which is to be submitted at the end of each quarter within the grant period and contains the following information: (1) check number; or if a cash expenditure, a copy of the receipt must be submitted; (2) check date or date of cash expenditure; expenditures overlapping the grant period must be prorated; and (3) the purpose of each expenditure; stated clearly and in sufficient detail for the Department to determine if the expenditure is allowable; Unless requested by the Department, detailed backup documentation does not need to accompany the Quarterly Expenditure Report. c. State Funded Projects-Documentation of Donated Values. The value of donated materials and volunteer services is not eligible for grant funds, but is allowable in determining the grantee matching share. Documentation of donations shall include lists of individuals donating services or materials, indicating the total hours of volunteer services donated in the accomplishment of authorized project work and the type and fair value of the donated materials. d. Federally Funded Projects-Documentation of Grantee Cash Expenditures. In addition to providing a detailed listing of each expenditure in the Expenditure Report, grantees receiving Federal grant assistance must also submit the following documentation as applicable: (1) copies of contractors' invoices itemizing the materials delivered, services rendered, and work items completed; (2) an original signed and dated receipt from the contractor/supplier showing the date payment was received and the amount received along with a copy of th'e check or copies of the front and back of the canceled checks; 12 (3) copies of in-kind (salary) services forms indicating the dates and hours devoted to authorized project work signed by both the employee and the supervisor; and (4) copies of payroll registers for all pay periods claimed for each employee or the front and back of canceled checks for all pay periods claimed for each employee. e. Federally Funded Projects-Documentation of Donated Values. As with State funded grant projects, the value of donated materials and volunteer services is not eligible for grant funds, but is allowable in determining the grantee matching share. In addition to providing a listing of donated materials and services in the Expenditure Report, grantees receiving Federal grant assistance must also submit the following documentation as applicable: (1) copies of donated materials forms indicating the materials donated and their value signed by both the donor and the project supervisor; and (2) copies of donated services forms indicating the dates and hours devoted to authorized project work signed by both the volunteer and the project supervisor. 4. Transfer of Grant Funds. Grant funds shall be transferred to the grantee in four quarterly payments. Payment for the first quarter shall be transferred upon receipt by the Department of the grantee's first Progress and Expenditure Report. Grant funds for the second quarter will be sent to the grantee upon receipt of a second Progress and Expenditure Report. The third quarter payment shall be transferred upon receipt of the third Progress and Expenditure Report. The final quarterly payment will be transferred to the grantee upon completion of the grant project and submission and review of a properly documented Final Project Progress and Expenditure Report, and a determination by the Department that the grantee has complied with all terms of the grant award agreement. The fourth quarterly payment cannot be transferred to the grantee prior to the fourth quarter. For state agencies and state institutions of higher education, grant funds may be transferred on a reimbursement rather than advanced payment basis. Journal Transfers will be processed upon receipt by the Department of an invoice for the amount requested for reimbursement (50% of the allowable project costs incurred during this billing period), and a completed Request for Journal Transfer form. a. Incremental Payments: The total of grant funds transferred to the grantee in response to requests for incremental payments prior to final completion of the project work shall not exceed seventy-five percent of the amount reserved for the project as stated in the grant award agreement. b. Final Payment: The total of grant funds transferred to the grantee following final project completion, including all'funds previously transferred in incremental payments, shall not exceed the amount of the grantee's actual cash expenditures in payment of allowable project costs. B. Project Progress and Completion Reports. A Project Progress Report is required for all grant assisted projects, regardless of the type of work involved: 1. Project Progress Report. To be submitted at the end of each quarter within the grant period. It should be submitted in conjunction with the Expenditure Report. This report shall include: 13 a. include a schedule of the anticipated completion of major project work elements and final completion of the project; b. a brief description of work accomplished in the previous three months; c. a description of any unusual problems or conditions encountered or any unusual methods, materials, or techniques employed; d. copies of required documents (contracts, press releases, etc.) as applicable; and e. photographic documentation of construction work in-progress or completed work may be included. 2. Final Project Progress Report. To be submitted within 30 days of completion of all project work in conjunction with the Final Expenditure Report. In addition to the above information, this report shall also include: a. a description and explanation of any variations between the planned project work and that actually accomplished; b. a description and explanation of any significant differences between the planned project budget and the actual project costs; c. photographic documentation of completed construction work; and d. required audit documents. C. Reports Required for Survey Projects. In addition to the reports described in B. above, the following reports are required for historic and archaeological survey projects: 1. Final Survey Report. To be submitted in a draft form no later than forty-five (45) days prior to the end of the grant period and as the final product at the conclusion of the project period. Archaeological Survey Reports shall comply with the "Archaeological Report Standards and Guidelines," Rule 1A-46, Florida Administrative Code. This report shall include in the following order: a. a title page indicating the name of the project, the name of the author, and the date of the report; b. an acknowledgments page citing the sources of funding and other significant assistance; disclaimer, and civil rights statement (civil rights statement applies to Federally funded projects only); c. an introduction describing the ~rigin and objectives of the project; d. a description of the survey area or theme, accompanied by a Florida Department of Transportation county highway. map or USGS topographic map outlining or highlighting the survey area with identified sites plotted on a legible map of appropriate scale; e. a summary of all past field surveys in the survey area of the current project and their major findings relevant to the current survey; f. a description of the field survey, including the specific methodology employed to identify sites, to locate their boundaries, and to evaluate them; 14 g. a summary and chronological narrative of the significant historical events or developments related to the project area or theme; h. identification of individuals and organizations that played significant parts in those events and/or developments; i. a final list of all previously identified sites located within the survey area, including the Florida Site File Number and Survey Record Number; j. a final list of all newly identified sites within the survey area, including the Florida Site File Number and Survey Record Number; k. conclusions and recommendations as to the significance of resources identified according to National Register of Historic Places criteria, local designation criteria (where applicable); and future survey, planning, and preservation action; and I. a list of bibliographic sources and other appropriate supplemental material. 2. Survey Log Sheet. To be submitted with the Final Survey Report. The Survey Log Sheet form shall be provided to the grantee by the Department, and shall be completed as specified in Attachment B. 3. Florida Site File forms. To be submitted with the Final Survey Report for all sites recorded during the survey. These forms shall be completed as specified in Attachment B. D. Reports Required for Community Education Projects and Preservation Planning Projects. In addition to the reports described in B. above, a draft of the final product will be submitted to the Department no later than forty-five days (45) prior to the end of the grant period; supplemental reports or drafts of the final product may be required to be submitted for community education and preservation planning projects depending on the nature and scope of the individual project. 15