Agreement with Florida's Department of State 2014 - 28 4-Gcl
AGREEMENT BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF STATE
AND
CITY OF MIAMI BEACH
SC729
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 City of Miami Beach
hereinafter referred to as the "Grantee."
The Grantee has been awarded a Special Category Grant by the Division, grant number SC729
for the Project "The 28th Street Obelisk Restoration Project," in the amount of$215,000 ("Grant
Award Amount"). The Division enters into this Agreement pursuant to Line Item 3077A,
contained in the FY 2016-2017 General Appropriations Act, HB 5001, 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 "The 28th Street Obelisk
Restoration Project," 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 conservation, structural rehabilitation, and mechanical
repair/replacement of the 28th St. Obelisk and Pumping Station. Architectural,
engineering and laboratory services are provided for this project. All tasks associated
with the Project, as outlined in the Project Description (see Attachment A), will be
completed by June 30, 2018.
b) The Grantee agrees to provide the following Deliverables and Performance Measures
related to the Scope of Work for payments to be awarded.
Payment 1, Deliverable/Task 1:
• Payment 1 will be fixed price in the amount of 30 percent of the grant award.
The Grantee will have completed at least 30 percent of the project prior to this
payment. The performance measure documenting satisfactory completion of
Deliverables will be a completed Application and Certificate for Payment
(AIA Document G702) and Schedule of Contract Values (AIA Document
G703), or its equivalent, showing at least 30 percent of the project completed.
Payment 2, Deliverable/Task 2:
• Payment 2 will be fixed price in the amount of 30 percent of the grant award.
The Grantee will have completed at least 60 percent of the project prior to this
payment. The performance measure documenting satisfactory completion of
Deliverables will be a completed Application and Certificate for Payment
Grant Award Agreement(Form GAA00I),Effective 06/2016
Rule 1A-39.001,Florida Administrative Code
(AIA Document G702) and Schedule of Contract Values (AIA Document
G703), or its equivalent, showing at least 60 percent of the project completed.
Payment 3, Deliverable/Task 3:
• Payment 3 will be fixed price in the amount of 40 percent of the grant award.
The Grantee will have completed 100 percent of the Project prior to this
payment. The performance measure documenting satisfactory completion of
Deliverables will be a completed Application and Certificate for Payment
(AIA Document G702), Schedule of Contract Values (AIA Document G703),
and a Certificate of Substantial Completion (AIA Document G704), or its
equivalent, showing 100 percent of the Project completed, including all
retainage amounts paid. The performance measure documenting satisfactory
completion of Deliverables will also be submission and acceptance of a Final
Project Progress Report that certifies that all project funds have been
expended in the way here agreed upon and the Project has been closed out. In
addition, a Single Audit Form shall be completed by the Grantee and
submitted along with the Final Progress Report prior to final payment.
c) The Grantee has provided an Estimated Project Budget based upon reasonable
expenditures projected to accomplish the Grantee's Scope of Work and Deliverables for
fiscal years 2016-2018. The Budget provides details of how grant funds will be spent and
all expenditures shall be in accordance with this budget (which is incorporated as part of
this Agreement and entitled Attachment B).
2. Length of Agreement. This Agreement shall begin on July 1, 2016, and shall end June 30,
2018, 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.
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 should be submitted in writing to the contract
manager within 10 days of the change.
For the Division of Historical Resources:
Kechia Herring
Florida Department of State
R.A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399
Phone: (850) 245-6310
Email: Kechia.Herring @dos.myflorida.com
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Rule 1A-39.001,Florida Administrative Code
For the Grantee:
Contact: Judy Hoanshelt
Address: 1700 Convention Center Dr. Miami Beach, FL 33139
Phone: (305) 673-7510
Email:judyhoanshelt @miamibeachfl.gov
4. Grant Payments. Non-advance grant payments are requested by submitting the following:
• Grant Funds Expenditure Log demonstrating appropriate use of state funds
• Documentation that the deliverable has been completed
• Payment Request form
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) The first payment will be 30 percent of the Grant Award Amount. Payment will be made
in accordance with the completion of the Deliverables.
b) The second payment will be 30 percent of the Grant Award Amount. Payment will be
made in accordance with the completion of the Deliverables.
c) The third payment will be 40 percent of the Grant Award Amount. Payment will be made
in accordance with the completion of the 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 organization, the Grantee does not
need to submit another authorization form unless the organization has changed bank
accounts. To download this form visit
http://www.myfloridacfo.com/Division/AA/Forms/DFS-A1-26E.pdf. This page also includes
tools and information that allow you to check payment status.
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 http://www.flvendor.myfloridacfo.com/. A copy of the Grantee's Florida
Substitute Form W-9 must be submitted to the Division with the executed Agreement.
7. Amendment to Contract. Either party may request modification of the provisions of this
Agreement by filing a Contract Amendment form with the Division. 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 Amount is
subject to reduction, partial, or complete refund to the State of Florida and termination of this
agreement. The Contract Amendment Request form is available on the Division's website at
http://www.dos.myflorida.com/historical/grants/forms.
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Grant Award Agreement(Form GAA001),Effective 06/2016
Rule 1A-39 001,Florida Administrative Code
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. First payment will be withheld for failure to complete services as identified in the Scope
of Work and Deliverables or to submit a Grant Funds Expenditure Log demonstrating
appropriate use of state funds.
b. Second payment will be withheld for failure to complete services as identified in the
Scope of Work and Deliverables or to submit a Grant Funds Expenditure Log
demonstrating appropriate use of state funds.
c. Third payment will be withheld for failure to complete services as identified in the Scope
of Work and Deliverables or to submit a Grant Funds Expenditure Log demonstrating
appropriate use of state funds. If the grantee has spent less than the Grant Award Amount
in state funds to complete the Scope of Work, the Third 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 percent if the completed Deliverable
does not meet the Secretary of 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.
b) The Grantee shall provide photographic documentation of the restoration activity.
Guidelines regarding the photographic documentation is available online at
www.flheritage.com/grants/categories/smallmatching.cfm.
c) Architectural Services
1. All projects shall require contracting for architectural/engineering services.
2. 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
project.
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Grant Award Agreement(Form GAA001),Effective 06/2016
Rule 1A-39.001,Florida Administrative Code
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:
1. Upon completion of schematic design;
2. Upon completion of design development and outline specifications; and
3. Upon completion of 100% construction documents and project manual, prior to
execution of the construction contract.
e) For the construction phase of a 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:
1. 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.
2. 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 Project ground
disturbing activities on significant archaeological resources.
3. 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.
4. 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 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 Archeology.
5. 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
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Review Section set forth in Chapter 1A-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."
b) Any variation in the above specifications must receive prior approval in writing by the
Department. 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.
c) 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 November 30,2016, 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 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. The project Progress Report shall document the completion of any deliverables/
tasks, expenses and activities that occurred during that reporting period. The project Progress
Report form is available on the Division's website at
http://dos.myflorida.com/historical/grants/forms.
a) First Project Progress Report is due by October 31, 2016, for the period ending
September 30, 2016.
b) Second Project Progress Report is due by January 31, 2017, for the period ending
December 31, 2016.
c) Third Project Progress Report is due by April 30, 2017, for the period ending March
31, 2017.
d) Fourth Project Progress Report is due by July 30, 2017, for the period ending June 30,
2017.
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Rule 1A-39.001,Florida Administrative Code
e) Fifth Project Progress Report is due by October 31, 2017, for the period ending
September 30, 2017.
f) Sixth Project Progress Report is due by January 31, 2018, for the period ending
December 31, 2017.
g) Seventh Project Progress Report is due by April 30, 2018, for the period ending March
31, 2018.
h) Final Report. The Grantee must submit a Final Report to the Division by July 30, 2018,
for the period ending June 30, 2018.
13. Matching Funds. The grantee is required to provide a 100% match of the required match, a
minimum 25% of the match must be a cash match. The remaining match may include in-kind
services, volunteer labor, donated materials, and additional cash. Applicants 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, may
request a reduction of the match amount.
14. Grant Completion Deadline. The grant completion deadline is June 30, 2018. 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, the extension may not exceed 120 days, unless the Grantee can
demonstrate extenuating circumstances as described in Section 15 of this Agreement.
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. Prior
written approval is required for extensions.
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,
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:
a) Expenditures for work not included in the Scope of Work;
b) Costs of goods and services not procured in accordance with procurement procedures set
forth in the Agreement;
c) Expenses incurred or obligated prior to or after the Grant Period;
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d) Expenditures for work not consistent with the applicable historic preservation standards
(see the Guidelines, which are available from the Division at
http://www.dos.myflorida.com/historical/grants/);
e) Expenditures for furniture and equipment, unless specifically authorized as a part of a
grant project;
f) Expenses associated with lobbying or attempting to influence federal, state, or local
legislation, the judicial branch, or any state agency;
g) Private entertainment, food, beverages, plaques, awards, or gifts;
h) Costs of value donations or In-kind Contribution not documented in accordance with the
provisions of the Agreement;
i) Indirect costs;
j) Project Administrative Expenditures, whether grant expenditures or match contributions,
which in aggregate must not exceed 10% of the grant award amount;
k) 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 through 2006, or under Section 267.031, F.S.;
1) Projects which are restricted to private or exclusive participation, which shall include
restricting access on the basis of sex, race, color, religion, national origin, disability, age,
handicap, or marital status;
m) Grantee operational support (i.e., organization salaries not related to grant activities,
travel, supplies);
n) Vehicular circulation (drives) and parking (except for provision of code-required
handicapped parking pad);
o) Sidewalks, landscape features, planting, irrigation systems and site lighting (except for
sidewalk required to link code-required handicapped parking pad to the accessible entry,
planting required to halt erosion, and limited site lighting required for security, if
included in the Scope of Work);
p) Capital improvements to non-historic properties (except as approved for Museum Exhibit
projects);
q) Capital improvements to the interior of religious properties (except for repairs to primary
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);
r) Code-required accessibility improvements for religious properties;
s) Insurance costs (except for costs for builder's risk, workers compensation and
contractor's liability insurance); and
t) Purchase of equipment (other than equipment incorporated as capital improvements into
a historic building during restoration or rehabilitation, and equipment required for a
museum exhibit). If special equipment is required for completion of the Project and said
equipment is included in the Scope of Work for the Project as an eligible grant expense, it
shall be rented for the grant term. 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.
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
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Rule IA-39 001,Florida Administrative Code
excess of the amount to which the recipient is entitled under the terms and conditions of the
agreement must be refunded to the state agency. Further, the recipient may expend funds
only for allowable costs resulting from obligations incurred during the specified agreement
period. Expenditures of state financial assistance must be in compliance with the laws, rules,
and regulations applicable to expenditures of State funds, including, but not limited to, the
Reference Guide for State Expenditures.
18. Repayment. All refunds or repayments to be made to the Department under this agreement
are to be made payable to the order of the "Department of State" and mailed directly to the
following address: Florida Department of State, Attention: Dr. Yasha Rodriguez, 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 C 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 applicant that has not submitted required
reports or satisfied other administrative requirements for other Division of Historical
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Resources grants or grants from any other Office of Cultural, Historical, and Information
sour s gr g y ,
Programs (OCHIP) Division will be in noncompliance status and subject to the OCHIP
Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs,
the Division of Historical Resources, and the Division of Library and Information Services.
Grant compliance issues must be resolved before a grant award agreement may be executed,
and before grant payments for any OCHIP grant may be released.
25. Accounting Requirements. The Grantee must maintain an accounting system that provides
a complete record of the use of all grant funds as follows:
a) The accounting system must be able to specifically identify and provide audit trails that
trace the receipt, maintenance, and expenditure of state funds;
b) Accounting records must adequately identify the sources and application of funds for all
grant activities and must classify and identify grant funds by using the same budget
categories that were approved in the grant application. If Grantee's accounting system
accumulates data in a different format than the one in the grant application, subsidiary
records must document and reconcile the amounts shown in the Grantee's accounting
records to those amounts reported to the Division.
c) An interest-bearing checking account or accounts in a state or federally chartered
institution may be used for revenues and expenses described in the Scope of Work and
detailed in the Estimated Project Budget.
d) The name of the account(s) must include the grant award number;
e) The Grantee's accounting records must have effective control over and accountability for
all funds, property, and other assets; and
f) Accounting records must be supported by source documentation and be in sufficient
detail to allow for a proper pre-audit and post-audit (such as invoices, bills, and canceled
checks).
26. Availability of State Funds. The State of Florida's performance and obligation to pay under
this Agreement are contingent upon an annual appropriation by the Florida Legislature, or the
United States Congress in the case of a federally funded grant. In the event that the state or
federal funds upon which this Agreement is dependent are withdrawn, this Agreement will be
automatically terminated and the Division shall have no further liability to the Grantee,
beyond those amounts already released prior to the termination date. Such termination will
not affect the responsibility of the Grantee under this Agreement as to those funds previously
distributed. In the event of a state revenue shortfall, the total grant may be reduced
accordingly.
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.
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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 an 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.
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, handicap or marital status. The Grantee shall insert a
similar provision in all of its subcontracts for services under this Agreement.
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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
cause of partial terminations, the portion to be terminated.
c) Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior
to the first payment on the grant although the Department must be 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,
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Grant Award Agreement(Form GAA00I),Effective 06/2016
Rule 1A-39 001,Florida Administrative Code
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 Department 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.
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.
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
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Grant Award Agreement(Form GAA00I),Effective 06/2016
Rule 1A-39 001,Florida Administrative Code
b) Project Description(Attachment A)
c) Estimated Project Budget (Attachment B)
d) Single Audit Act Requirements and Exhibit I (Attachment C)
14
Grant Award Agreement(Form GAA001),Effective 06/2016
Rule 1A-39.001,Florida Administrative Code
In acknowledgment of this grant, provided from funds appropriated in the FY 2016-2017
•
General Appropriation Act, I hereby certify that I have read this entire Agreement, and
will comply with all of its requirements.
Departme t Grantee:
By: By:
Dr. Ti oth Parsons, Division Director Authorize g 0 1 1. r he Grantee
t(/l3'f, old S tI M L . Ni o- A LAS
Date Typed name and title+
10( 1 9 116
Date II
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECLL ,/ -_/(Y//ON-
,°
City Attorney Date
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Grant Award Agreement(Form GAA001),Effective 06/2016
Rule 1A-39.001,Florida Administrative Code
ATTACHMENT A
Project Description
Grant funds will be spent restoring the 28th St. Obelisk and Pumping Station. Conservation of the
resource including investigation and assessment of the project site (i.e. underground tanks, site
and structural stability, determination of condition of foundation, and condition of mechanical
room, including x-ray analysis). The grantee will use funds on laboratory services which include
concrete design and testing; testing of sealing and resistance to the application of caulking
products; and soil testing for structural foundation and footings. Funds will also be directed
towards structural rehabilitation, and mechanical repair/replacement.
Architectural and Engineering services are included on this project.
•
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Rule 1A-39.00l,Florida Administrative Code
•
ATTACHMENT B
Estimated Project Budget
Budget Grant Cash In-Kind Subtotal
Item Description Amount Match Match
Number
1 Conservation $40,000 $30,000 $0 $70,000
2 Structural Rehabilitation $150,000 $150,000 $0 $300,000
3 Mechanical $0 $10,000 $0 $10,000
Repair/Replacement
4 Architectural/Engineering/Lab $25,000 $25,000 $0 $50,000
services
5 Sign acknowledging grant $0 $0 $0 $0
funds
Total $215,000 $215,000 $0 $430,000
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ATTACHMENT C
FLORIDA SINGLE AUDIT ACT REQUIREMENTS
The administration of resources awarded by the Department of State to the Recipient may be
subject to audits and/or monitoring by the Department of State, as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section
215.97, 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 OMB
Circular A-133, as revised, and/or other procedures. By entering into this agreement, the
Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by the Department of State." In the event the Department of State determines that a
limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any
additional instructions provided by the Department of 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 non-profit organization
as defined in OMB Circular A-133, as revised.
1. In the event that the Recipient expends $300,000 ($500,000 for fiscal years ending after
December 31, 2003) or more in Federal awards in its fiscal year, the Recipient must have
a single or program-specific audit conducted in accordance with the provisions of OMB
Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources
awarded through the Department of State by this agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal
awards, including Federal resources received from the Department of State. The
determination of amounts of Federal awards expended should be in accordance with the
guidelines established by OMB Circular A-133, as revised. An audit of the Recipient
conducted by the Auditor General in accordance with the provisions OMB Circular A-
133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the Recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C
of OMB Circular A-133, as revised.
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3. If the Recipient expends less than $300,000 ($500,000 for fiscal years ending after
December 31, 2003) in Federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, is not required. In the event that
the Recipient expends less than $300,000 ($500,000 for fiscal years ending after
December 31, 2003) in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost
of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must
be paid from Recipient resources obtained from other than Federal entities).
PART II: STATE FUNDED
This part is applicable if the Recipient is a nonstate entity as defined by Section 215.97(2),
Florida Statutes.
1. In the event that the Recipient expends a total amount of state financial assistance equal
to or in excess of$500,000 in any fiscal year of such Recipient (for fiscal years ending
September 30, 2004 or thereafter), the Recipient must have a State single or project-
specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes;
applicable rules of the Department of Financial Services; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance
awarded through the Department of State by this agreement. In determining the state
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. In connection with the audit requirements addressed in Part II, paragraph 1, the Recipient
shall ensure that the audit complies with the requirements of Section 215.97(8), Florida
Statutes. This includes submission of a financial reporting package as defined by Section
215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the Recipient expends less than $500,000 in state financial assistance in its fiscal year
(for fiscal years ending September 30, 2004 or thereafter), an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the
event that the Recipient expends less than $500,000 in state financial assistance in its
fiscal year and elects to have an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate
entity's resources (i.e., the cost of such an audit must be paid from the Recipient's
resources obtained from other than State entities).
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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)
www.fldfs.com/.
State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act)
www.leg.state.fi.us/.
PART III: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-
133, as revised, and required by PART I of this agreement shall be submitted, when
required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the
Recipient directly to each of the following:
A. The Department of State at each of the following addresses:
Department of State
Division of Elections
R.A. Gray Building, Suite 316
500 S. Bronough St.
Tallahassee, FL 32399-0250
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the
number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as
revised, should be submitted to the Federal Audit Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e)
and (f), OMB Circular A-133, as revised.
2. In the event that a copy of the reporting package for an audit required by PART I of this
agreement and conducted in accordance with OMB Circular A-133, as revised, is not
required to be submitted to the Department of State for the reasons pursuant to Section
.320 (e)(2), OMB Circular A-133, as revised, the Recipient shall submit the required
written notification pursuant to Section .320 (e)(2) and a copy of the Recipient's audited
schedule of expenditures of Federal awards directly to each of the following:
Department of State
Division of Elections
R.A. Gray Building, Suite 316
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500 S. Bronough St.
Tallahassee, FL 32399-0250
3. 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:
Department of State
Division of Elections
R.A. Gray Building, Suite 316
500 S. Bronough St.
Tallahassee, FL 32399-0250
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Any reports, management letter, or other information required to be submitted to the
Department of State pursuant to this agreement shall be submitted timely in accordance
with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General,
as applicable.
5. Recipients, when submitting financial reporting packages to the Department of State for
audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General, should indicate the date that the reporting package was delivered to the
Recipient in correspondence accompanying the reporting package.
PART IV: RECORD RETENTION
1. The Recipient shall retain sufficient records demonstrating its compliance with the terms
of this agreement for a period of 5 years from the date the audit report is issued, and shall
allow the Department of State, or its designee, 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, CFO, or Auditor General upon
request for a period of 3 years from the date the audit report is issued, unless extended in
writing by the Department of State. NOTE: Records need to be retained for at least five
years to comply with record retention requirements related to original vouchers
prescribed by the Department of State, Division of Library and Information Services,
Bureau of Archives and Records Management.
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EXHIBIT— 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
Not Applicable.
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Not Applicable.
State resources awarded to the recipient pursuant to this agreement consist of the
following:
$215,000
Matching resources for federal programs:
Not Applicable.
Subject to section 215.97, Florida Statutes:
Florida Department of State Grant, CSFA Number 45.032
Compliance requirements applicable to state resources awarded pursuant to this
agreement are as follows:
As contained in the Compliance Supplement to CSFA Number 45.032
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