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Backup Documents 09/10/2019 Item #16D21 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 011 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. Ali completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Hilary Halford Community and Human f7f 09/09/2019 Services 2. Jennifer Belpedio County Attorney Office ' 11 \I9 3. BCC Office Board of County W`. / Commissioners \M 75/ .c:\\Ac\ 4. Minutes and Records Clerk of Court's Office J C q lit(ig 5';50°- PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Hilary Halford/CHS Phone Number 252-2670 Contact/ Department Agenda Date Item was 09/10/2019 Agenda Item Number I rYL^ t p I rlJ1 V j ,/ Approved by the BCC �C Type of Document FLDOS Grant Agreement for Roberts Number of Original 2 Original Documents Attached Ranch and Restrictive Covenants Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairm n's original s' nature? HH 2. Does the document need to be sent to ano cy for additional signatures? If yes, NA provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be HH signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the HH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's HH signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NA should be provided to the County Attorney Office at the time the i m is input into SIRE. Some documents are time sensitive and require forwarding to Ta ahassee within a certain time frame or the BCC's actions are nullified. Be aware of yo r deadlines! 8. The document was approved by the BCC on 09/10/2019 d all changes made during HH N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the HH ----" (A is not BCC,all changes directed by the BCC have been made, and the document is ready fo the an ption for Chairman's signature. .M"Sk7R5 th' line. 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 & N\--j\ 1621 MEMORANDUM Date: September 12, 2019 To: Hilary Halford, Senior Grants Coordinator Community & Human Services From: Teresa Cannon, Senior Deputy Clerk Minutes & Records Department Re: FLDOS Grant Agreement for Roberts Ranch and Restrictive Covenants Attached are two (2) originals of each document referenced above, (Item #16D21) approved by the Board of County Commissioners on Tuesday, September 10, 2019. Please forward for additional signature and return an executed original back to the Minutes & Records Department for the Board's Official Records. If you have questions, please feel free to call me at 252-8411. Thank you Attachment 16De1 AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND Collier County Board of County Commissioners 20.h.sc.100.099 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 Collier County Board of County Commissioners hereinafter referred to as the "Grantee." The Grantee has been awarded a Special Category Grant by the Division, grant number 20.h.sc.100.099 for the Project "Roberts Ranch Home Stabilization& Rehabilitation ," in the amount of$455,800("Grant Award Amount"). The Division enters into this Agreement pursuant to Line Item 3174, contained in the 2020 General Appropriations Act, SB 2500, 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"Roberts Ranch Home Stabilization& Rehabilitation ,"the public purpose for which these funds were appropriated. a) The Grantee shall perform the following Scope of Work: Grant funds will be used for the structural stabilization and rehabilitation of the Roberts Ranch family home, specifically foundation work and anchoring of the building, including roof ties and hurricane strapping; roof repairs, including decking; stabilization and repointing of two (2) chimneys; repair/replacement of nineteen (19)windows, including casing and frame screens; repair/replacement of two (2)screen doors; repair/replacement of exterior steps at front porch and kitchen; installation of hurricane protection for nineteen(19)windows and three(3)doors; repair/replacement of exterior siding;mold remediation; upgrading of HVAC system, including replacement of ductwork; repair/replacement of attic insulation; lead testing/abatement and repainting, both interior and exterior; repair/replacement of second floor ceiling, including beams and joists; repair/replacement of first floor flooring and floor joints; installation of ADA path and ramp, including modifications to two (2) exterior and two (2) interior doorways; and architecturaVengineering services. Grant funds will also be used for HABS documentation, updating of the Florida Master Site File(FMSF) forms for the property, and grant administration. 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. Page: 1 l i'a!lt(L\'.11O,\ ec tin(Ionn(iAAO11l .Et fective 04/2019 00; i/.nmol 4cInz,,,iebo!,, '(Ode 16D21 Payment Deliverable Description Documentation Payment Type Amount 1 Fixed The performance measure documenting satisfactory A completed $136,740 Price completion of Deliverables will be a completed Application and Application and Certificate for Payment(AIA Certificate for Payment Document G702) and Schedule of Contract Values (AIA Document G702) (AIA Document G703), or their equivalent, showing and Schedule of at least 30 percent of the project completed. Contract Values (AIA Document G703), or their equivalent, showing at least 30 percent of the project completed. 2 Fixed The performance measure documenting satisfactory A completed $136,740 Price completion of Deliverables will be a completed Application and Application and Certificate for Payment(AIA Certificate for Payment Document G702)and Schedule of Contract Values (AIA Document G702) (AIA Document G703), or their equivalent, showing and Schedule of at least 60 percent of the project completed. Contract Values (AIA Document G703), or their equivalent, showing at least 60 percent of the project completed. 3 Fixed The performance measure documenting satisfactory A completed $182,320 Price completion of Deliverables will be a completed Application and Application and Certificate for Payment (AIA Certificate for Payment Document G702) and Schedule of Contract Values (AIA Document G702) (AIA Document G703), or their equivalent, showing and Schedule of 100 percent of the Project completed, including all Contract Values (AIA retainage amounts paid. The performance measure Document G703), or documenting satisfactory completion of their equivalent, Deliverables will also be submission and acceptance showing 100 percent of of a Final Project Progress Report that certifies that the Project completed, all project grant funds and required match have been including all retainage expended in the way here agreed upon and the amounts paid; a Final Project has been closed out. In addition, a Single Project Progress Audit Form and new/updated Florida Master Site Report; a Single Audit File form for the property/site shall be completed by Form; and a the Grantee and submitted along with the Final new/updated Florida Progress Report prior to final payment. Master Site File form for the property/site. Totals $455,800 Page:2 (holt Nwu d Agr;:n iciH 1 l rnni CA AGO i I.Ef f et t i ve 0,4201') Raie 1 .3':r.(i)I I/.,ic!r,4c(mir,isu-,NveC;Al 1621 d) 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 07/01/19 and shall end 06/30/21, 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 party'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 party'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: Justin Baker Florida Department of State R.A. Gray Building 500 South Bronough Street Tallahassee, FL 32399 Phone: 850.245.6310 Email:justin.baker@dos.myflorida.corn For the Grantee: Contact: Hilary Halford Address: 3331 Tamiami Trail E Naples Florida 34112 Phone:239.252.2670 Email:hilary.halford@colliercountyfl.gov 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 and documentation evidencing all expenses incurred in achieving the completion of the deliverable. 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. 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. If EFT has already been set up for the Page:3 Gant Aw rd Ageement(Form GAA001),Effective 04/2019 Rude I A-39.001,Florida Administrative Code l 6 16D11 organization, the Grantee does not need to submit another authorization form unless the organization has changed bank accounts. The authorization form is accessible at http://www.myfloridacfo.com/Division/AA/Forms/DFS- A1-26E.pdf 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 of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS)must have the correct Taxpayer Identification Number(TIN)and other related information in order to report accurate tax information to the Internal Revenue Service(IRS). To register or access a Florida Substitute Form W-9 visit httpsi/flvendor.myfloridacfo.com/. A copy of the Grantee's Florida Substitute Form W-9 must 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 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 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. Development Projects a) 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.htm. Page:4 Gant Award Agreement(Form GAA001),Effective 04/2019 Rule 1A-19 001,Florida Administrative Code 16021 b) The Grantee shall provide photographic documentation of the restoration activity. Guidelines regarding the photographic documentation are available online at https://dos.myflorida.corn/historical/grants/special- category-grants/ c) Architectural Services a) All projects shall require contracting for architectural/engineering services. b) The Grantee may request a waiver of this requirement from the Division if they believe that the architectural/engineering services are not needed for the Project. The Division shall make a recommendation to the Grantee after review of the proposed work. d) Architectural Documents and Construction Contracts The Grantee shall submit the architectural services contract to the Department for review and approval prior to final execution. In addition, pursuant to Section 267.031(5)(i), Florida Statutes, the Grantee shall submit architectural planning documents to the Department for review and approval at the following stages of development: a) Upon completion of schematic design; b) Upon completion of design development and outline specifications; and c) Upon completion of 100%construction documents and project manual, prior to execution of the construction contract. e) For the construction phase of the Project, in addition to the review submissions indicated above, a copy of the construction contract must be submitted to the Department for review and approval prior to final execution. Department review and approval of said contracts shall not be construed as acceptance by or imposition upon the Department of any financial liability in connection with said contracts. f) For projects involving ground disturbance (examples include:historic building or structure relocation, grading and site work, installation of sewer and water lines, subgrade foundation repairs or damp proofing, construction of new foundations and installation of landscape materials), the Grantee shall ensure that the following requirements are included in all contracts for architectural and engineering services: a) Ground disturbance around historic buildings or elsewhere on the site shall be minimized, thus reducing the possibility of damage to or destruction of significant archaeological resources. b) If an archaeological investigation of the Project site has not been completed, the architect or engineer shall contact the Department for assistance in determining the actions necessary to evaluate the potential for adverse effects of the ground disturbing activities on significant archaeological resources. c) Significant archaeological resources shall be protected and preserved in place whenever possible. Heavy machinery shall not be allowed in areas where significant archaeological resources may be disturbed or damaged. d) When preservation of significant archaeological resources in place is not feasible, a mitigation plan shall be developed in consultation with and approved by the Department's Compliance Review Page:5 Ciant Avard Agreement(Form GAA001),Effective 04/2019 Rule I A-.39.001,Florida Admirrurrarice Code 4411 1 6 021 Section(contact information available online at www.flheritage.com). The mitigation plan shall be implemented under the direction of an archaeologist meeting the Secretary of the Interiors' Professional Qualification Standards for Archaeology. e) Documentation of archaeological investigation and required mitigation actions shall be submitted to the Compliance Review Section for review and approval. This documentation shall conform to the Secretary of the Interior's Standards for Archaeological Documentation, and the reporting standards of the Compliance Review Section set forth in Chapter IA-46, Florida Administrative Code. 10. Credit Line(s)to Acknowledge Grant Funding. Pursuant to Section 286.25,Florida Statutes, in publicizing, 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 must include a Project identification sign, with the aforementioned language, that must be placed on site. The cost of preparation 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 must be submitted to the Division as soon as it is erected. 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. The maximum extension of the encumbrance period shall be sixty (60) days. 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.dosgrants.com. a) First Project Progress Report is due by October 31, for the period ending September 30(first year of the Grant Period). b) Second Project Progress Report is due by January 31, for the period ending December 31 (first year of the Grant Period). c) Third Project Progress Report is due by April 30, for the period ending March 31 (first year of the Grant Period). Page:6 C%'at.t A•.ard Agreement(Form GAA001),Effective 04/2019 • Rile 1A-39 001,Florida Adn,ini;trative Code 16021 d) Fourth Project Progress Report is due by July 31, for the period ending June 30 (first year of the Grant Period). e) Fifth Project Progress Report is due by October 31, for the period ending September 30(second year of the Grant Period). f) Sixth Project Progress Report is due by January 31, for the period ending December 31 (second year of the Grant Period). g) Seventh Project Progress Report is due by April 30, for the period ending March 31 (second year of the Grant Period). h) 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. 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 reduction of the match amount. 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 Section 2 above. The Grant Completion Deadline is the date when all grant and matching funds have been paid out and expended 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 120 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. 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 3/10/2011), which are incorporated by reference and are available online at http://www.myfloridacfo.com/aadir/reference_guide/. The following categories of expenditures are non-allowable for expenditure of grant funds and as contributions to required match: Page:7 Gant Av.urd Agi cement(Form GAA00 i),Effective 04/2019 40) Rule I A 39.001,Florida Adn,iaisfratie Code 16021 • 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 and Chapter 287 of the Florida Statutes; c) Expenses incurred or obligated prior to or after the Grant Period, as indicated in the Grant Award Agreement; d) Expenses associated with lobbying or attempting to influence Federal, State, or local legislation, the judicial branch, or any state agency; e) Expenditures for work not consistent with the applicable historic preservation standards as outlined in the Secretary of the Interior's Guidelines available at www.nps.gov/tps/standards/treatment-guidelines- 2017.pdf, standards available at httpJ/www.nps.gov/tps/standards.htm and nps.gov/history/local- law/arch_stnds_0.htm or applicable industry standards; f) Costs for projects having as their primary purpose the fulfillment of Federal or State historic preservation regulatory requirements, specifically, 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.; g) 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; h) Entertainment, food, beverages, plaques, awards, or gifts; i) Costs or value of donations or In-kind Contributions not documented in accordance with the provisions of the Grant Award Agreement; j) 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, interne service, monthly expenses associated to security systems, non-grant related administrative and clerical staffing, marketing, and fundraising activities; k) Administrative 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; 1) Grantee operational support(i.e., organization salaries not directly related to grant activities; travel expenditures; per diem; or supplies); m) Insurance costs (Exception:costs for builder's risk, workers' compensation and contractor's liability insurance; n) Capital improvements to non-historic properties or non-historic additions to a Historic Property(Exception: pre-approved items of work for Museum Exhibit projects); Page:8 �falii Atiard Arreement(Form GAA001).Effective 04/2019 Wde I A-.39.001,Florida Administrative Code 16021 o) Capital improvements to the interior of Religious Properties (Exception:repairs to elements of the structural system. Examples include: foundation repairs, repairs to columns, load bearing wall framing, roof framing, masonry repairs, and window and exterior door repairs and restoration practices associated with the building envelope); p) Accessibility improvements for Religious Properties; q) Vehicular circulation(drives/driveways)within the property or from the property to surrounding streets and parking(Exception:provision of code-required handicapped parking pad(s)); r) Sidewalks,paths, walkways, landscape features and accessories, planting, irrigation systems and site lighting(Exceptions:sidewalk required to link the code-required handicapped parking pad(s) to the accessible entry; planting/sodding required to halt documented erosion; pruning, removal, or relocation of trees posing an immediate threat to the historic or archaeological resource; and limited site lighting required for security, all if approved by the Division) s) Fences and gates (Exception:restoration or in-kind replacement of damaged or missing historic fences, gates, or sections of these); t) Furniture and Equipment. (a) Expenditures for furniture and equipment including but not limited to:desks, tables, seating, rugs and mats, artwork and decorations, window treatments, computers, cameras, printers, scanners, appliances, case goods (including cabinets, countertops, or bookshelves), new or replacement casework, systems' furniture, portable lighting fixtures, portable sound or projection systems, specialty fixtures and equipment, visual display units, total stations, movable partitions, and acoustical treatments and components, unless specific prior approval has been granted by the Division(Exception:museum display units necessary for approved Museum Exhibit projects). (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 cost of rental for the Grant Period at the market rate for such rental in the region; u) Costs associated with attending or hosting conferences, summits, workshops, or presentations; and 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. 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 Page:9 Gant Ava rd A een.tent(Form GAA001),Effective 04/2019 R de 1 A-39.001,Florida Acinuni tratire Code 0 16021 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 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 Page: 10 Gant A.kird Agreement(Form GAA001),Effective 04/2019 Rude 1A-39 00!,Flai lda Administrative Code 16021 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. 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 harmless 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. Page: 1 1 gam A\kardAjeement(Form GAAOOi1,Effective 04/2019 Ride 1A-39.001.Florida Administrative Code 16021 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. The Grantee 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. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 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 Page: 12 Giant Auard A eetrent(Fonu GAA0011,Effective 04/2019 Ride I A-19 001.Florida AJmird tra n e Code 1 6 D 2 1 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 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 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 in accordance with Section 287.057, Florida Statutes. 37. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described 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. In addition, no Grantee official, employee, or consultant who is authorized in his or her official capacity to negotiate, make, accept, approve, or take part in decisions regarding a contract, subcontract, or other agreement in connection with a grant assisted project shall take part in any decision relating to such contract, subcontract or other agreement in which he or she has any financial or other interest, or in which his or her spouse, child, parent, or partner, or any organization in which he or she is serving as an officer, director, trustee, partner, or employee of which he or she has or is negotiating any arrangement concerning employment has such interest. Grantees shall avoid circumstances presenting the appearance of such conflict. Furthermore, the spouse, child,parent, or partner of an officer, director, trustee,partner, or employee of the grantee shall not receive grant funds, unless specifically authorized in writing by the General Counsel for the Depai talent of State 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. 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. Page: 13 Gant Avoid A;leenient(Form GAA001),Effective 04/2019 Ride 1A-39 001,Florida Admin/errative Code 16D21 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. 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: 14 Gant Award Agreement(Form CAA00I1,Effective 04/2019 Rule 1A-39.001,Florida Administrative Code 0 1 6 D 2 1 In acknowledgment of this grant,provided from funds appropriated in the 2020 General Appropriation Act ereby certify that I have read this entire Agreement,and will comply with all of its requirements. Dep artment of State: = Grantete:'` By: By: if- — Author. g Official for the Grantee Dr. Timothy Parsons, Division DirectorWilliam L.McDaniel, Jr., Chairman Typed name and title 1 9 Date , atery\113., -.., 2.C. Date Approved as to tbm1 and legality Ak. -ATP Assirnt County Ant ittii NC\ 66\ ATTEST: • C AL K. KI , CLERK Deputy Clerk Attest as to Chairmart signature only. Page: 15 Gvsooli 2i)19 0 16021 ATTACHMENT A Estimated Project Budget Grant Cash In Kind Description Funds Match Match Architectural/engineering fees $52,062 $19,250 $0 Foundation work; anchoring of the building; and roof repairs $172,838 $0 $0 Stabilization and repointing of two (2) chimneys $56,500 $0 $0 Repair/replacement of nineteen(19)windows; and installation of hurricane $74,000 $10,200 $0 protection for nineteen(19)windows and three(3)doors Repair/replacement of two (2)screen doors; repair/replacement of exterior steps; repair/replacement of exterior siding; repair/replacement of second floor ceiling, $66,800 $27,100 $0 including beams and joists; and repair/replacement of first floor flooring and floor joints Installation of ADA path and ramp, including modifications to two (2) exterior and $33,600 $0 $0 two (2) interior doorways Mold remediation; lead testing/abatement and repainting; upgrading of HVAC $0 $29,400 $0 system; and repair/replacement of attic insulation HABS documentation and updating of FMSF forms $0 $5,300 $0 Grant administration $0 $0 $22,790 Totals $455,800 $91,250 $22,790 Page: 16 Gant Award Agreement(Form GAA0011.Effective 04/2019 • Rae 1A-39.001,Florida Adrniniarati e Code 16021 ATTACHMENT B FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of 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 Depaitinent 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: 17 Grant Av.ird Agreement(Form GAA00I),Effective 04/2019 KAle 1A-39 001,Florida Administrative Code I6D [ Y 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 www.ecfr.gov 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) http://www.myfloridacfo.corn/ State of Florida Legislature(Statutes, Legislation relating to the Florida Single Audit Act) http://www.leg.state.flus/ 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 at each of the following addresses: Page: 18 Gant.Av and Agreement(Form GAA001).Effective 04/2019 Rule 1A-30 00t,Florida Administrative Gde 16021 Office of Inspector General Florida Department of State R. A. Gray Building 500 South Bronough St. Tallahassee, FL 32399-0250 b) The Federal Audit Clearinghouse(FAC) as provided in 2 CFR §200.36 and §200.512. The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2. Copies of financial reporting packages required by Part II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: a) The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building 500 South Bronough St. Tallahassee, FL 32399-0250 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(https://flauditor. ov provides instructions for filing an electronic copy of a financial reporting package. 3. Any reports, management letters, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) and 10.650(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 4. 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. Part V: 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 Page:19 Crani Aekard Ageement(Form GAA001),Effective 04/2019 Rude 1A-39 001,Flo,ida Administrative Cade 16021 Department of State. Page:20 Gant Award Agreement(Form GAA001).Effective 04/2019 Me 1A-39.001,Florida Administrative Code 16 D21 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 Acquisition, Restoration of Historic Properties; CSFA Number 45.032. Award Amount $455,800 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 https://apps.fldfs.com/fsaa/. Page:21 Gant Aevnrd A 'eerI lit(Forn7 GtAAOO t),Effective 04/2019 `" Hide I A-39.001,Florida Administrative Cbde 1 of 2 RESTRICTIVE COVENANTS Project Name: Roberts Ranch Stabilization& Rehabilitation Project 1 6 0 2 1 Grant Number: 20.h.sc.100.099 THESE COVENANTS are entered into this (Q "day of & embe►-, 20'47, by Collier County Board of County Commission,hereinafter referred to as the Owner, and,shall be effective for a period of ten years from the date of recordation by the Clerk of the Circuit Court of Collier County,Florida. WHEREAS, the Owner is the fee simple titleholder of the Property located at 1215 Roberts Avenue W., Immokalee,Collier County,Florida, as described in Exhibit A,attached to and made a part hereof and WHEREAS, the Owner is a grant recipient and is to receive State Historic Preservation Grant assistance funds administered by the State of Florida, Department of State, Division of Historical Resources, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, hereinafter referred to as the Department,in the amount of$455,800,to be used for the preservation of the property of the Owner as described in Exhibit A, and WHEREAS, said State funds have been or will be expended for the purpose of preserving the historic qualities of the property or contributing to the historic character of the district in which the property is located, Now THEREFORE, as part of the consideration for the State grant,the Owner hereby make and declare the following restrictive covenants which shall run with the title to said Property and be binding on the Owner and its successors in interest, if any, for a period stated in the preamble above: 1. The Owner agrees to maintain the property in accordance with good preservation practices and the Secretary of the Interior's Standards for Rehabilitation. 2. The Owner agrees that no modifications will be made to the Property, other than routine repairs and maintenance, without advance review and approval of the plans and specifications by the Department's Bureau of Historic Preservation. 3. The Owner agrees that every effort will be made to design any modifications to the Property in a manner consistent with the Secretary of the Interior's Standards for Rehabilitation. 4. The Owner agrees that the Department, its agents and its designees shall have the right to inspect the Property at all reasonable times in order to ascertain whether the conditions of the Grant Award Agreement and these covenants are being observed. 5. The Owner agrees that these restrictions shall encumber the property for a period of ten years from the date of recordation, and that if the restrictions are violated within the ten year period, the Department shall be entitled to liquidated damages pursuant to the following schedule: a. If the violation occurs within the first five years of the effective date of these covenants,the Department shall be entitled to return of the entire grant amount. b. If the violation occurs after the first five years,the Department shall be entitled to return of the entire grant amount, less 10% for each year past the first five. For instance, if the violation occurs after the sixth anniversary of the effective date of these covenants, but prior to the seventh anniversary, the Department shall be entitled to return of 80%of the original grant amount. 6. The Owner agrees to file these covenants with the Clerk of the Circuit Court of Collier County, Florida, and shall pay any and all expenses associated with their filing and recording. 7. The Owner agree that the Department shall incur no tax liability as a result of these restrictive covenants. De 2 of 2 16021 IN WITNESS WHEREOF,the Owner has read these Restrictive Covenants and has hereto affixed their signature. _____.__. WITNESSES:/~. r (Y. , -/ic(' 4c• ,.....--- Witnes ignature William L.McDaniel, Jr., Chairman Collier County Board of County Commission 51.1 1 1 SOf7 3339 East Tamiami Trail Witness Name Typed/Printed Owner's Address di%r1 •,•::__ -,--,..1 ,••'12. ,.. ,C �! -f Naples,� P FL 34112- Witness Signature City State Zip' o�� \''' A.t I t J I . • \(\Witness Name Typed/Printed\ C. c' A 1. K. K N ; CL_E ?F The State of Florida — att n� �f sClerk est as to ChaIr a(I County of '.:_c,- \\.,,__,.- signature only. I certify that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, that\ t\\k c - \._.\c1 .,r,\e_\,)-1-si-. personally (Name) • appeared as CNN::;.,\r"r-r-kar\ forCc>\\\�v-Crx.)%4,��o,•ma ) -Cs:x.,r1cL.\Cjs�t•,vSS`o-rc--- - (Officer) (Name of Corporation/Partnership) known to me to be or who proved to my satisfaction that he/she is the person described in and who executed the foregoing instrument. Type of Identification Produced r/cam GX71CC \OJ Executed and sealed by me at\ a , Florida on , 201'1 vo" VIRGINIA A.NEET .: "74-,1 6-"a p O„ i Not Public in and fo a°,�.c : Notary Public-State of Florida ��'y •: h. •_ Commission it GG 093412 ;;�o As My Comm.Expires Jun 23,2021 I The State of t-1.c:" &h Bonded tt'rcughNational Notary Assn. My commission expires:L 2..3\7 Dl.\ Approved as to form and legality [SEAL] C..._ Alc-4) ant County ttoi ley \ ) .. • 8 A -- 1•" LEGAL DESCRIPTION • The subject property contains 4.1 acres of land and is located in Tract "F.", • Roberts Ridge Subdivision in Section 4, Township 47 South, Range 29 East in Collier County, Florida. • Plat Book: 25 , �' Pages: 100 - 101 y; • Zsi•, "' • 11 • ip; .til ;F EXHIBIT"A" • Rubens Ranch/RVB/rb �l�t 16021 Cotter County Public Services Department Community & Human Services Division September 27, 2019 To: Office of the Clerk of Court, County Records From: Hilary Halford, Sr. Grant& Housing Coordinator Re: Document Recording Request To whom it may concern: In regard to the attached original Restrictive Covenants for the Robert's Ranch Stabilization & Rehabilitation Project please record and charge recording fees to the following account string: 710-157456-649030-33646.1 If you should have any questions, please feel free to give me a call. Also, if possible either notify me when it has been recorded so I can send a recorded version to the state or please scan me the recorded version (with the date/time stamp) along with the receipt. Thank you. Respectfully, Hilary Halford Sr. Grant & Housing Coordinator 239.252.2670 (4104 Community&Human Services Division•3339 Tamiami Trail East,Suite 211 •Naples,Florida 34112-5361 239-252-CARE(2273)•239-252-CAFE(2233)•239-252-4230(RSVP)•www.colliergov.net/humanservices 1 of 2 RESTRICTIVE COVENANTS 1 6 0 2 1 Project Name: Roberts Ranch Stabilization& Rehabilitation Project Grant Number: 20.h.sc.100.099 4h THESE COVENANTS are entered into this 10-day of torynbev, 20 I�, by Collier County Board of County Commission, hereinafter referred to as the Owner, and shall be effective for a period of ten years from the date of recordation by the Clerk of the Circuit Court of Collier County, Florida. WHEREAS, the Owner is the fee simple titleholder of the Property located at 1215 Roberts Avenue W., Immokalee,Collier County, Florida, as described in Exhibit A, attached to and made a part hereof and WHEREAS, the Owner is a grant recipient and is to receive State Historic Preservation Grant assistance funds administered by the State of Florida, Department of State, Division of Historical Resources, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, hereinafter referred to as the Department,in the amount of$455,800,to be used for the preservation of the property of the Owner as described in Exhibit A, and WHEREAS, said State funds have been or will be expended for the purpose of preserving the historic qualities of the property or contributing to the historic character of the district in which the property is located, Now THEREFORE, as part of the consideration for the State grant,the Owner hereby make and declare the following restrictive covenants which shall run with the title to said Property and be binding on the Owner and its successors in interest, if any, for a period stated in the preamble above: 1. The Owner agrees to maintain the property in accordance with good preservation practices and the Secretary of the Interior's Standards for Rehabilitation. 2. The Owner agrees that no modifications will be made to the Property, other than routine repairs and maintenance, without advance review and approval of the plans and specifications by the Department's Bureau of Historic Preservation. 3. The Owner agrees that every effort will be made to design any modifications to the Property in a manner consistent with the Secretary of the Interior's Standards for Rehabilitation. 4. The Owner agrees that the Department, its agents and its designees shall have the right to inspect the Property at all reasonable times in order to ascertain whether the conditions of the Grant Award Agreement and these covenants are being observed. 5. The Owner agrees that these restrictions shall encumber the property for a period of ten years from the date of recordation, and that if the restrictions are violated within the ten year period, the Department shall be entitled to liquidated damages pursuant to the following schedule: a. If the violation occurs within the first five years of the effective date of these covenants,the Department shall be entitled to return of the entire grant amount. b. If the violation occurs after the first five years, the Department shall be entitled to return of the entire grant amount, less 10% for each year past the first five. For instance, if the violation occurs after the sixth anniversary of the effective date of these covenants, but prior to the seventh anniversary, the Department shall be entitled to return of 80% of the original grant amount. 6. The Owner agrees to file these covenants with the Clerk of the Circuit Court of Collier County, Florida, and shall pay any and all expenses associated with their filing and recording. 7. The Owner agree that the Department shall incur no tax liability as a result of these restrictive covenants. INSTR 5771317 OR 5678 PG 2086 RECORDED 9/27/2019 3:04 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$27.00 `,! 2of 2 1 6 02 1 IN WITNESS WHEREOF,the Owner has read these Restrictive Covenants and has hereto affixed their signature. WITN'SSES. - IP° �' �d v , Agigi __ Gs-- 7.4111L , -a Witnes ignature 'illiam.LMcDaniel, Jr., Chairman oilier County Board of County Commission bvt,- __ 1 I SOCI 3339 East Tamiami Trail Witness Name Typed/Printed Owner's Address • �_- .�,/;/ Naples, FL 34I ,, W). ess Signature City State ,-Zip''• ' ,x,,- `rATTEST. \Wittlev s Name Typed/Printed C' Q L K. KINZ , bERK 5- — p� 'tFt �l�rlc�','S.,,'., The State of Florida attest as to ChB „� County of Co\v_c_,— signature • Ecz`•, .... signature only. I certify that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, that\ k,\,o.,t-n \....�L_\�o..nse\1Sv-. personally (Name) appeared as �'.Vcas`•r•vrtic-r\ forCr�\\\ A-C cc,`ec C�r1yC ,vsS`rr�rf (Officer) (Name of Corp ation/Partnership) \ known to me to be or who proved to my satisfaction that he/she is the person described in and who executed the foregoing instrument. Type of Identification Produced NN/c,__ c r'\OJ Executed and sealed by me at 7\r...s , Florida on , 201q. .s;;:;'..... VIRGINIA A.NEET C--aA ,I_.Z.,,e—al,. .i,e_a.-6 4 /4)„. --\.'1,--, Notary Public-State of Florida Not in and fo I :Almmission#GG 093412 ��� My Comm.Expires Jun 23,2021 The State of F•\or‘c\Lc.,.. 1 •'.1,t° `°•'` 9ordedthrough National Notary Assn. My commission expires:t \2 \? 2. \ Approved as to form and legality [SEAL] c) K , __ 1` A5, ant County ttoi icy :c , , rt. J(, 8 A• - r r� LEGAL DESCRIPTION•• The subject property contains 4.1 acres of land and is located in Tract "F", Roberts Ridge Subdivision in Section 4, Township 47 South, Range 29 East r'`'' in Collier County, Florida. Nat Book: 25 •' Pages: 100 - 1 0 1 .•F?til.. j is • • + `::"'3)J' 1, EXHIBIT"A" Roberts Ranch/RVB/rb -5 41