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Historic Preservation Grant Award Agreement
Survey and Planning Grants (Matching)
Grant No. 50753
This AGREEMENT is between the State of Florida, Department of State, Division of Historical Resources,
hereinafter referred to as the Department, and the Indian River County Board of County Commissioners, a
political subdivision of the State of Florida, hereinafter referred to as the Grantee, relative to the Indian River
County-Wide Archaeological Survey Update Project, hereinafter referred to as the Project, and is effective on the
date hereinafter signed by the Division Director, and shall end on June 30, 2007.
The Department is responsible for the administration of grants-in-aid assistance for historic preservation purposes
under the provisions of Section 267.0617, Florida Statutes. The Grantee has applied for grant-in-aid assistance for
the Project. The application, incorporated by reference, has been reviewed and approved in accordance with Chapter
1A-35, Florida Administrative Code, which regulates Historic Preservation Grants-in-Aid. Pursuant to Line Item
Number 3182, contained in the 2006 — 2007 General Appropriations Act, Ch. 2006-25, Laws of Florida, the
Department enters into this Agreement with the Grantee under grant number 50753, for the purposes as described in
Section I. Subject to the limitations set forth in this Agreement, grant-in-aid funds in the amount of nine thousand
four hundred sixty-four dollars ($9,464.00) have been reserved for the Project by the Department. The
Department and the Grantee agree as follows :
L The Project shall include the following authorized project work:
A. Conduct a county-wide Archaeological Survey of the Indian River County. Florida Master Site
File Forms will be completed on all newly surveyed historic structures and updated on all
previously recorded historic structures within the survey area. A Survey Log Sheet and
Final Survey Report, meeting the requirements of Chapter 1A-46.001 FAC, will be
produced. Funds will be used to hire a professional consultant to conduct the survey.
B. Progress and Expenditure Reports will be submitted to the Department on a quarterly basis and
all proposals and contracts for consultant services shall be submitted by the Grantee to the
Department for review and approval, prior to the execution of the contract, as specified in
Attachment A of the Grant Award Agreement.
C. A draft of the survey report and five sample Florida Master Site File Forms, including photos and
maps, per Attachment B of the Grant Award Agreement, will be submitted to the
Department no later than sixty days prior to the end of the grant period for review and
approval.
D. Two copies of the Final Survey Report with Survey Log Sheet and one copy of the Florida Master
Site File Forms, with accompanying 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'; Chapter
1A-35, Florida Admai mi trative Code; and the following specific conditions:
A. The Grantee agrees to complete the Project by June 30, 2007 and submit the Final Products and
the "Final Project Progress & Expenditure Report", as specified in Attachment "A", Part II,
subparagraph 13.2., 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, its agents,
servants or employees.
C. The Grantee, other than a grantee which is the State or agency or subdivision of the State, agrees
to indemnify and hold the Department harmless from and against any and all claims or demands
for damages, including attorney fees and court costs, resulting from personal injury, including
death or damage to property, arising out of any activities performed under this Agreement,
omissions to act or negligence of the Grantee, its agents, servants, or employees and shall
investigate all claims at its own expense.
D. The Grantee 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, as specified in Attachment "A", Part 11, subparagraph A.2.j(3); 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 that 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
ARCHEOLOGY and HISTORIC PRESERVATION: Preservation Planning, Identification, and
Evaluation.
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, disability,
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 that is a State agency, shall submit to an audit pursuant to
Section 215 .97, 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.
HI. 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 nine thousand four hundred sixty-four dollars ($9,464.00) 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 nine thousand four hundred sixty-four dollars ($9,464.00) .
The Grantee shall submit to the Department the four (4) signed Payment Forms (No. HR2E560397,
effective 3/97), herein incorporated by reference, with this signed Grant Award Agreement to initiate the
grant. The Department will retain these forms for payment processing. Submission of these forms does not
constitute a request for payment by the Grantee. Formal requests for payment must be made in writing by
the Grantee as needed, and must specify the amount of funding being requested. Payment of the total
amount as prescribed above shall be made to the Grantee in either advanced installments or on a
reimbursement basis, as specified in Attachment "A" , Part II, subparagraph A.4.
The Department shall evaluate all payment requests based on the status of project work and compliance
with the reporting and procurement requirements of this Agreement. The Department reserves the right to
withhold payments if the Grantee is found to be in violation of any term(s) of this Agreement.
Payment for project costs will be contingent upon the Grantee's submission of completed "Project Progress
& Expenditure Report" fomes (No. HR3E0340103, effective 1/03 , herein incorporated by reference) to the
Department within 30 days following the end of each quarterly reporting period. In order for any
expenditure to qualify for reimbursement or any donated service or value to count toward the match
requirement, it must be properly documented, be for services rendered, materials procured, work performed
or values donated during the term of the Agreement, and for a charge or value assessed which is reasonable
in amount and directly related to and necessary for the completion of the authorized project work.
Payment for project costs will also be contingent upon all authorized project work being in compliance
with the aforementioned Secretary of the Interior's Standards, and the inspection and approval of the grant
assisted work by the Department. The Department further agrees to the following conditions:
A. The Department shall review and approve as to form and content all proposed contracts of the
Grantee for the procurement of goods and services relating to the project work and all proposed
contract change orders or amendments prior to final execution of said contracts, change orders or
amendments, but said review and approval shall not be construed as acceptance by or imposition
upon the Department of any financial liability in connection with said contracts .
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.
Within 30 days of completion of project work, the Grantee shall submit the completed "Final Progress &
Expenditure Report" to the Department. The Department shall retain ten percent of the total grant award
until receipt and approval by the Department of the Grantee 's "Final Project Progress & Expenditure
Report" and verification that the match requirement has been satisfied.
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.
When advance payments have been made by the Department, surplus funds must be temporarily invested in
a separate interest-bearing account and the interest earned on such investments shall be returned to the
State. The Grantee shall report and document 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.
V. 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.
VI. 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.
VII. 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.
VIII. 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.
LY. The Grantee shall not assign, sublicense or otherwise transfer its rights, duties or obligations under this
Agreement without prior written consent of the Department which consent shall not be unreasonably
withheld. The Agreement transferee must also demonstrate compliance with Chapter 1A-35, Florida
Administrative Code. If the Department approves a transfer of the Grantee' s obligations, the Grantee
remains responsible for all work performed and all expenses incurred in connection with the Agreement. In
the event the Legislature transfers 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.
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.
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 Departmen4s 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 Indian
River County Board of County Commissioners, 1840 25th Street, Vero Beach, Florida 32960-3365 , 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.
XHI. 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.
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
Witness FREDERICK P. GASKE
Director, Division of Historical Resources
Witness Date
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
Witness I/ a Signature of Authorized Q ci
L4(g �U iii Arthur R . Neuberger
Witness Typed Name of Authorized Official
Chairman
Typed Title of Authorized Official
September 12 , 2006
Date
APPROVED A£. TO FORM
ANDI/J LEGAL SUPZu
BY ^_ TC
WILLIAM K . DE 4;hAAt.
ASSISTANT COUNTY ATTORNEY