Agreement with Florida Department of State 0201 t—. a-38/z—
AGREEMENT BETWEEN
THE STATE OF FLORIDA,DEPARTMENT OF STATE
AND
CITY OF MIAMI BEACH
19.H.SM.100.077
This Agrea>ent is by and between the State of Florida, Department of State,Division of Historical Resources hereinafter
fired to as the"Division."and the City of Miami Beach hereinafter referred to as the"Grantee"
The Grantee has been awarded a Small Matching Grant by the Division.grant number 19hmm.100.077 for the Project"
41st Street and Pfrehm Drive Fontan",in the amount of$50,000.00("Grant Award Amount').The Division enters into this
Agreement pursuant to Lire Item 3090,°attained in the 2019 General Appropriations Act,HB 5001,Laws of Florida.The
Divisonhas the authority to administer this grant in accordance into Sectien267.0617,Flon'da Statutes.
In ca,sideatiat of the mutual covenants and promises contained herein the parties agree as follows:
1. Grant Purpose This grant shall be used exclusively for the•41st Street and PineaeeDme Fountain",the public purpoee
for which these funds were appropriated.
a. The Grantee shall perform the following Scope of Work:
Grant funds will be used to restore the 41st Sheet and PiretreeDrive Fountain in Miami Beads Miami-Dade
Canty.The fountain complex czarists of a 3-tier cascading water display structure within a quatrefoil-in-square
pool,an above-grade masonry equipment vault and a small feature pump which supplies a small-vibmtewater
spray above the uppermost basin.The project includes sealing the joint in the lower elevated basin sacks in Be
pool,and holes in the pod wall at the water ffisupply;evacuating the soil adjacent to the pool;trimming away ton
and other plant mots from the pool;iruta0atiai of aIDraeensystemardanautomatic titter lever coneolsystea removatot
enting piton restore arghulerpned store appeavree:repair of bitmatsdalon upper n so basis;and patching and repointrigof ver
store joints.
All tasks associated with the Project shall meet the requirements set forth in this agate neat
b. The Grantee agrees to provide the following Deliverables and Performance Measures related to the Scope of
Work for payments tube awarded.
Payment Deliverable Deliverable Payment
Documentation Amount
Nattier Number Description
The performance
measure
documenting
satisfactory
completionof A comp
Deliverables will be a Application and
completed Certificate for
Application and Payment(AIA
Certificate for Dmmmnt G702)and
1 1 Payment(AIA Schedule of Contract $15,000
Document G702) Value(AIADoclmrett
and Schedule of 003),or its
Contact Values equivalent,showing at
(AJADocummt least 30 para,of the
G703),or its project oornpleted
Pegs:I
equivalent showing
at least 30 percent of
the project
I completed.
The performance
measure
documenting
satisfactory
completion of A completed
Deliverables will be a Application and
completed Certificate for
'Application and Payment(ALA
Certificate for Document G702)and
2 2 I Payment(ALA Schedule of Contract $15,000
Document G702) Values(ALA Document
and Schedule of G703),or its
Contract Values equivalent,showing at
(AIA Document least 60 percent of the
! G703),or its project completed
equivalent,sliming I
at least 60 percent of
the project
completed
Theperfurmance
measure
documenting
I satisfactory '..
completion of
Deliverables will be a
• ,completed
Application and
Certificate for Acompleted
Payment(AIA !Application and
Document G702), !Certificate for
Schedule of Contract Payment(AIA
Valdes(AIA !Decumett G702),
Doctnnent G703), Schedule of Contract
and a Certificate of Values(AIA Document
Substantial G703),and a
Completion(MA Certificate of
Document C704),or Substantial
its equivalent, Completion(AIA
showing 100 percen Document G704),or
of the Project its equivalent,showing
completed,including 100 percent of the
all retainage Project completed,
i amounts paid.The including all retainage
performance amounts paid;
3 3mea re submission and $20.000
documenting acceptance of a Final
satisfactory !Project Progress
' completion of Report that certifies
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Deliverables will also that all project grant
be submissim and funds and required
acceptance of a Final match have been
Project Dogma eepetded in the way
Report that certifies here agreed upon and
that all project grant the Project has been
funds and required closed out and a
match have been Single Audit Fomn
expended in the way completed by the
here agreed upon Grantee and submitted
and the Project has along with the Final
been closed out In Progress Report prior
addition,a Single to final payment.
Audit Fann shall be
completed by the
Grantee and
submitted along
with the Final
Programs Report
prior to final
payment.
c. The Grantee has provided an Estimated Project Budget basad upon reasonable expenditures projected to
accomplish the Grantee's up of Work and Dthwrabl outlined in the Agreement The Budget provides details of
how grant and match funds will be spat AR expenditures shallbe in accordance with this budget(which is
incorporated as part of this Agreement and entitled Attachment A)and must be dna rred during the tarn of this
Agreement,as stated in Scalia 2 of this Agreement
2. Length of Agreement.This Agreement shall begin as 711/2018 and shall end 6130/2019 unless terminated in
accordance with the pravisiore of Section 33 of this Agreement Contract extensions will not be granted unless Grantee is
able to p oadesubstantial written justification and the Division approves such extension The Grantee's written request for
suh extawim must be submitted to the Division no lata than thirty(30)days prior to the termination date of this
• Agreement and no amedmait will be valid until a written amendments signed by both parties as required in Section 7
and Section 15 of this Agn—u tit
3. Contract Admbdstration.The panties are legally beard by the regdm>ents of this Agreement Each party's contact
manager,named below,will be responsible fa monitoring its performance under this Agreement,and wit be the official
contact for each party.Any notice(s)or other cmmmnica imsin regard to this agreement shall be directed to or delivered
to the other party's contract manage by utilizing the information below.Any change in the contact information below
shallhe submitted in writing to the contact manager within 10 days of the change
For the Division of Historical Resources:
Yasha Rodriguez
Florida Department of State
RA Gray Building
500 South Brmaugh Street
Tallahassee,FL 32399
Phone 850.245.6333
Ema&BHP grantaAMs mytaida.rrn
For the Grantee:
Contact:Hoan#wlt,Judy
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Address 1700 Convention Ceti Drive Miami Saadi Florida,33139
Phan
Email judyhoanstelt@miamhbechfl.gov
4. Grant Payments All grant payments are requested online via www dntyantcr ori by submitting a payment request
with docmrclatim that the deliverable has been completed and documentation evidencing allezpacas incurred in
achieving the ocmpletion 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 terns 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 I of this agreement.
b. AQ payments will be made in accordance with the completion of those Deliverables.
5. Electronic Payments.The Grantee can choose to tae electronic hinds transfer(EFT)to receive grant payments.All
grantees wishing to remove their award through electronic funds transfer must submit a Direct Depict Authorization
form to the Florida Department of Financial Service.If EFT has already been ser up for the organization,the Grantee
door not need to submit another authorization form hatless the organization has changed bank amounts The
authorization form is att»ble at hair//www nryfloridacfnanmTivfcirn/AA/Foms/DFS-A1-26F pdf where
information pertaining to payment status also available
6. Florida Substitute Form WA.A completed Substitute Farm 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 carat Taxpayer Identification Number(CIN)and other related information at order to report accurate tax
information to the Internal Reverse Service(IRS).To register or access a Florida Substitute Form W-9 visit
hit' /www.Ewrdnr myth-abet cart 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 Cmmact.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 awards subject to
reduction,partial,or complete refund to the State of Fksida and termination of this agreement
8. Financial Consequences.The Department sal apply the following faancal consequences for failure to perform the
minimum level of services required by this Agreement in accordance with Sectiae 215.971 and 287.058,Florida Statutes.
a. Any advanced funds will be returned to the State of Florida if any Deliverable S not satafactaiy completed.
b. Payments will be withhold for failure to complete service as idmtified inthe Scope of Work and Deliverables,
provide documentation that the deliverable has beat completed,or demonstrate the appropriate use of state funds
c. If the grantee has spell less than the Grant Award Amount instate funds to amplete 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 Sertetaryet
Interior's Standards and Guidelines or other industry standards applicable to the project
The DMt shall reduce total grant funding for the Project in direct plows to match cmtnbutias not met by the
end of the grant period.This reduction shall be calculated by dividing the actual match amount by the required match
amamt indicated in the Agreement and multiplying the product by the Grant Award Amount indicated in the
Agreement.Pursuant to Section 78,Grantee shall refund to the Divisor any excess funds paid out prior to a reduction of
total gent(meting.
9. Additional Special Conditions
Ckaloprnent Projects
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a. AU prdectwuk must be in compliance with the Secretary of the interior's Standards and Guidelner available
online at www npc gnvftps/ctandardc Mm
b. The Grants shall provide photographic documentation of the restoration activity.The Guidelines dmmient
regarding the photographic documentation is available online at
www Ohmage am/gra ntclrategorimA nafmatrhing rim
c. Architectural Services
I. All Projects shall require retracting for ardtitectma!egmveting seams
2. The Grantee may request a waive of this requirement from the Division if they biline that the
architechnaletgawamg services are not needed for the Project The Division shall make a reoamnteridation
to the Grantee after review of the propceed work.
d Archihawml Documents and Construction Contracts
The Grange shalt 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 Grants gull submit architectural
planning document 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 the Project,in addition to the review submiaas indicated above,a copy of the
construction contract must be mmiftth to the Deparment fa review and approval prior to final execution.
Department review and approval of said contracts Malt not be construed as acceptance by orapothem upon the
Department of any fnoncial liability in connection with said contracts.
f. For projects involving ground disturbance(exemplar include,.historic building or structure relocation,grading and
site work,installation of sewer and water lines,subgrade foundation repairs or damp proofing,contortion of new
famdatic s and installation of landscape materials),the Grantee shall ensue that the following require' eats are
included in all contracts for architectural and engineering services
a. Ground disturbance around historic buildings or ebewhhere an the site shall be minimized,thus reducing the
possibility of damage to or destruction of significant archaeological resource
b. If an archaeological investigation of the Projectsite has not been completed the architect or engine shall
contact the Department for assistance in determining to actions necessary to evaluate the potential for
adverse effect 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 allowd in arms whore significant archaeological reams may be disturbed or
damaged
d When prarervatian of significant archaeological resources in place isnot feasible,a mitigation plan shallbe
developed is consult-alien with and approved by the Department's Compliance Review Section(contact
information available online at www6twdlage Na).The mitigation plan shall be implemented under the
direction of an archaeologist meeting the Sweaty of the Interiors'Professional Qualification Standards far
Archeology.
e Ducvmavtatim of archaeological investigation and required mitigation actions shall be submitted to the
Compliance Review Seam for review and approval.This documanation shall conform to the Secretary of the
Paget 5
Interior's Standards for Archaeological Cxumentation,and the repotting standards of the Compliance Review
Seetim set forth in Chapter 1A-46,Florida Administrative Cade.
10. Credit linels)to Acknowledge Grant Funding.Pursuant to Seam 286.25,Fonda Statutes,in publicizing,
advertising,or desmbmng the sponsorship of tie program the Grantee shat include the following statement
a -This project issponsored in part by the apartment of State,Division of Hatodo'Resoune and the State of
Moeda."Any variation in this language must receive prior approval in writing by the Division.
b. Alls@espedfic projects must include a Project idtificatiat sign,with the aforementioned language,that must be
placed onsite The cost of preparation and aectiam of the Project itentificatiat sign are allowable project arta
Rothe maintenance costs of Project signs are not allowable project costa Apktograph 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 of the grant period except as allowed below.
a. EM9sim of Encumbrance Deadline The encumbrance deadline indicated above may be extended by written
approval of the Division Tobe eligible for this Mention,the Grantee mom demonstrate to the Division that
encumbrance of grant funding and the required match by binding ccntract(s)is achievable by the end of the
requested Mauled encumbrance period Me written request for extension of the encumbrance deadline
men be submittal to the Department no later than fifteen(15)days prior to the encumbrance deadline indicated
above The maximum extension of the encumbrance period shag be thirty(30)days
b. Encumbrance Deadline Exception:For projects not involving contract services the Grantee and the Department
shall consult on a case-by-cam 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,expanses and activities that occurred during that reporting period All
reports on grant progress will be submitter amtie via www.dnsgantcmm
a. First Project Progress Report is due by October 31,for the paled ending September 30.
b. Second Project Progress Report is due byJanuary 31,for the period ending December 31.
c. Third Project Progress Report is due by Apel 30,for the period ending March 31.
d Final Report. The Grantee must submit a Final Report to the Division within me month of the Grant Period End
Date set forth in Section 2 above.
13. Matching Funds.The Grantee is required to provide a 100%math Of the required mac,a minimum 25%of the
match must be a cash match The remaining match may include ink nd services,volunteer labor,donated materials,and
additional cash For projects Iccated fit Rural Ecaimmic Develop/test Initiative(REDI)counties or ammtmities that have
been designated in accordance with Sections 288.0656 and 288.06561,Florida Statutes,Grantees may request a reduction
of the match amount a waiver for the match amount.Grantor that are Certified Local Government(CLG)organizations
and Main Street Program organizations are not required to provide a match.The Grantee must submit documentation
that the minimum match requirements have been met and provide to the Divan docu mentatfat evidencing expenses
incurred to comply with this reqUiTelnalt.
a Grant Completion Deadline.The grant completion deadline is the ed date of this Agreement set forth in Section 2
above The Grant Campieties 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 necessaty to request an etteskn 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 ofthe completion date must be requested at bast thirty
(30)days prior tothe and of the Grant Period and may not exceed 30 days,unless the Grantee can clearly demonstrate
extenuating circumstances.An extenuating mum, tance is me that is beyond the control of the Grantee,and me that
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prevents timely completion of the Project such as a natural dieaoeq death or serious illness of the individual responsible
for the completion of the Preed,litigation related to the Project or failure of the contractor or architect to provide the
services foe which they were contacted to provide.An extenuating circumstance does not include failure to rad or
understand the administrative requirements of a grant or failure to raise sufficient matching funds Changes to the
original completion deadline Mall be valid only when requested kr 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 exped all grant funds received under this agreement solely
for the purposes for which they race authorized and appropriated.E xpendituns shall bean compliance with the state
guidelines for allowable Projectcs as outlined in the Department of Financial Sevuceze Reference Guide for State
Expenditures(revised 3/10/2011),which are incorporated by reference and are available online at
Hili"//wwwmyfkaidacfo cant 1ir/refernretwidW Thefollowing categories of expenditures are nm-allowable for
enpenditmne of grant funds and as mntnbutims to required rnatdt
a. Expenditure,for work not included in die Scooped Work of the executed Grant Award Agreement
b. Cats of goods and services not procured in accordance with pracaement procedures set forth in dxGrant Award
Agreement and Chapter 287 of the Florida Statutes;
c. Expenses incurred or obligated prior to or atter the Grant Period,as indicated in the Grant Award Agreement
d Expensesamodated with lobbying or attempting to influence Federal,State,or local legislation,the judicial branch,
or any state ataxy;
e Expenditures for work not°nsistan with the applicable historic pnservatlon standards as outlined in the Secretary
of the Inteioes Guidelines avai]able at ru. „ s.. ss•.. ..-. .. ..
available at( r/Iwww np.gnstWstan ardsMm.andlittpJ(wwwnpagovhi4nry/ln'al-law/arch studs Whim or
applicable industry standards
F. Cos for projects having as their primary purpose the fulfillment of Federal or State historic presentation regulatory
requirements,spedfirally,costs of consultation and mitigation maxum required ander Section 106 of the National
I--Sstork!innervation Act of 1966,as amended,or under Section 267.031,ES.;
g. Projects directed at activities or Historic Properties that are restricted to private or exclusive participation or acc S,
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;
L Coes or value d donations or In-kind Contributions not doom ted in accordance with the provisions of the Grant
Award Agreement
j. Indirect costs including Grantee overhead management expanses,general operating casts and other costs that are
not readily identifiable as ecpmditures for the materials and services required to complete the weak identified in.the
Scope of Work in the Grant Award Agreement Examples of indirect mels include rent/mortgage utilities,janitorial
service;insurance,accounting intermit service,monthly expense associated to security systems,non-grant related
admi nitative and clerical staffing,marketing,and fundraising activities,
k. Administrative expenditures such as expenditures that axe directly attrbutable to management of the grant-as sled
Project and meeting the reporting and associated requirements of the Grant Award Agleam-et,whether grant
expenditures or match contributions,which in aggregate exceed 5%ofthe grant award amount
4 Grantee operational support(ser.,organization salaries not directly related to grant activities;travel expenditures;
per than;or supplies);
m. Insurance melt
it Capital improvements to nam-historic pMxrt:-t a non-historic additions to a Historic Property(Exception:pm
approved iters of work fa Museum Exhibit projects);
o. Capital improvements to the interior of Religious Properties(Exception:repairs to primary elements of the structural
system.Examples include faundadon repairs,repays to cohmuv;load bearing wall framing,roof framing,
memory repay and window and exterior doe repairs and restoration practices asweated with the building
envelope);
p. Code-required Accessibility improvenents for Religious Properties
q. Vehicular circulation(driver/driveways)within the property a from the property to mrmndnng streets and
parking(Exception.pow sion of code-required handicapped parking)ad(s));
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r. Sidewalks,page,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 miry;
planting/sodding requital to halt documented erosion;pruning,removal,a relocation of trees poring 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 faxes,gates,or
sections of these);
t Furniture and Equipment(a)Expenditures for furniture and equipment mduding but not limited to desks tables,
seating,rugs and mats artwork and decorations window treatments,computers,cameras,printers,sonnets,
appliances case goods(including cabinets mmbstops,or bookshelves),new or replacement casework systems'
furniture portable lighting fixtures potable sound a projection systems,specialty fixtures and equipment,visual
display mill,total stations,movable partitions and acoustical treatments and components unlet specific prior
approval has been granted by the Division(b)If special equipment is required for completion of the Project,it shall
be rented for the grant term unless it can be shown that acquiring the equipment is cheaper than renting the
equipment and approval has been provided by the Division as part of the documentation presented at the time of
application If the value of special equipment is to be used as a match contribution,the value of the match
rentnbotion shall be limited to the cost of rental for the Grant Period at the market rate for such rental in the region;
is Costs associated with attending or hinting conferences summits,workshops or presedatims;and
v. Travel expenditures,including tore of pummel responsible for items of work approved by the Division,
adminishafive personnel,contacted or subcontracted employes,either for purposes of work on-site or research dE
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 unoblgated 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 to tams and conditions
of the agreement must be refunded to the state agony.Further,the redpimt may expend funds only for allowable costs
resisting from obligations incurred during the specified ague tent period.Expenditures of state financial assistance must
be in compliance with the laws,riles,and regulations applicable to expenditures of State floods,tduding,but not limited
to,the Reference Guide forState Expenditures.
18. Repayment.All runds or repayments to be made to the Department under this Agreement are to be made payableto
the order of the'Department of States and mailed directly to the following address:Florida Department of State,
Atte tion:Gams Program Supervisor,Division of Historical Resources,500 South Branagh Street Tallahassee,FL
32399.In accordance with Sectien 21534(2),Florida Statute,if a check ort 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,whidaser is greater.
19. Single Audit Act.Each Grantee,other than a Grantee that is a State agency,shall submit to an audit pursuant toSection
215.97,Florida Statute.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 tall be retained for a period of five(5)years after the else out
of the grant.If any litigatiah or audit is initiated,or claim made,before the expiration of the five-year period the recoils
dull be retained until the litgada%audit,or claim has been resolved.
21. Obligation to Provide State Access to Grant Records.The Grantee must make all grant records ofeependitures,
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,«alits,and
transaipts
22. Obligation to Provide Public Access to Grant Records. The Division rooves the right to unilaterally cancel this
Agreement in the event that the Grantee refuses public access to all documents cc other materials made a received by the
Grantee that are subject to the provisions of Chapter 119,Florida Statutes,known as the Florida Public Rxmds Act.'the
Grantee must immediately contact theDivisiais Contract Manager for assistance if it receives a public records request
Par:8
related to this Agreement
23. investment of Funds Received But Not Paid Out. TheGrantee may temporarily finite any or all grant fids
received but not(*erded,in an interest bearing account pursuant to Section 216.181(16)(b),Florida Stahta. Interest
earned on such investments shook'be returned to the Division quartety,except that interest accrued leg 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 Divisum,regards of amount must be submitted with the Grantees final Frogrem Report at
the end of the Grant Peeled
24. Noncompliance with Grant Requirements. Noncompliance with Grant Requirements.Any Grantee that has not
submutedrequired reports a satisfied other administrative requirements for ift grantee or other Division of Historical
Resources grants or grants from any other Florida Department of State(DOS)Division will be hi ncncrpliarn status
and subject to the DOS Grants CanplianaProcedure.Grant compliance issues must be resolved before a grant award
agreement may be executed and before giant payment for any DOS grant may be released
25. Accounting Requirements. The Grandee must maintain an accounting system that provides a complete record of the
use of all grant funds as inflows
a. The accounting system must be able to specifically identify and provide audit trails that tae 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
claaafy and identify grant kids by using the same budget categories that wee approved in the grant application.
If Grantee's accounting system accumulates data in a different format than the me in the grant application
subsidiary records must document and reconcile the amounts shown in the Grantees 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 Grandee's accounting records must have effective control over and accountability for all funds,property,and
other assets;and
f. Accamting records must be supported by source documentation and be in sufficient detail to allow for a profs pre-
audit and post-audit(such as invoices,bills,and canceled checks).
26. Availability of State Funds. The State of Florida's pa[omance and obligation to pay tinder this Agreement are
contingent upon an annual appropriation by the Florida Legislature orthe United States Congress in the case of a
federally funded grant. United States Congress in the case of a federally funded grant In the event that the state or
federal finds upon which this Agreement is dependent are withdrawn this Agreement will be antomatically terminated
and the Division shall haw no further liability to the Grantee beyond those amounts already released prior to the
termination date Such termination will not affect the respmsbility of the Grantee under this Agreement as to these funds
prevqusly 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,orempbyees of the state.The Grantee is not entitled to accrue any bee5is 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 shag be responsible for all work performed and all Expenses incurred In
muratimwith this Agreement The Grantee may subcontract asneoessary,to perform the services and to provide
conunodities required by this Agreement.The Dividat shall not be liable to any aubcvdracta(s)for any expenses or
liabilities incurred under the Grantee'ssubcmtract(s),and the Grantee shall be solely liable to its subcontractor(s)fa all
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expenses and liabilities incurred under its subcontract(s).The Grantee must take the neceseary steps to ensure that each of
its subcontractors will be deemed to be"independent contactors"and will not be considered or permitted to be agent;
servant;joint ventures,or partners of the Disision.
29. Liability. The Division will not assume any liability fa the acts omissions to act,or negligence of,the Grantee its
agents,servants or empky nor may the Grantee exclude liability for its own acts,omissions to act or negligence,to
the Divisan.
a. The Grantee shall be responsible for claims of any nature including but not limited to injtny,death,and property
damage adsng out of activities related to this Agreement by the Grantee,its aged;savant;employees and
subcontractors The Gants,other than a Grantee which is the State or the State's agates or subdividxns,as
defined in Section 76828,Florida Statutes,tall indemnify and hold the Division harmless haat any and all claims
of any nattily and shall investigate all such damns at its own expecte.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 ib liability,by entering into this Agreement
c. The Divisxnshall not be liable for attorney fee;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 moored in connection with the Project
The Grantee may subcontract as necessary to perform the setts set forth in this Agre matt including altering
into subcontracts with venoms for saviors and commodities and provided that it is understood by the Grantee that
the Divisor tall not be liable to the subcontractor for any expenses or fabiiitia incurred under the subcontract and
that the Granite shall be solely liable to the subcontractor for all Expenses and liabilities incurred under the
subcwmaa.
30. Strict Compliance with Laws. The Grantee shall perform all acts required by thisAgreement in strict conformity with
all applicable laws and regulations of the local,state and fetal law.
31. No Disaimdnation. The Grantee may not discriminate against any employs employed under this Agreement,or
against any applicant for employment because of race,coma,religion,gender,national origin,age pregancey,handicap
or marital status The Grantee shalInsert a simlar provision in all of Its subcontracts for services under this Agreematt
32. Breach of Agreement. TheDMsion will demand the return of grant finds already received,will withhold subsequent
payment;and/or will terminate this agreement if the Grantee improperly expands 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 Divisum will terminate or and this Agiterrtertt if the Grantee fails to fulfil 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 cum 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 tohiyha specified addresby a method that provide
prof of receipt. In tie event that the Division terminates this Agreement,the Grantee will be compensated for any
work completed in anW amce with this Agreement,prior to the notification of termination,if the Division dens
this reasonable under the circumstances. Grant funds previously advanced and not expended en work complete
in accordance with this Agreement shall be returned to the Division,with interest,within thirty(30)days after
termination atian of this Agreement.The Division doe not waive any of its rights to additional damages,if grant funds
are returned under this Salim
b. Termination for convenience. The Division or the Grantee may terminate the grant in whole or in part when both
Page:10
parties agree that the continuation ofthe Project would not produce beneficial results commensurate with the
bather expenditure of funds The two pains will agree upon the termination conditiors,including the effective
date,and in the cause of partial termination%the portion to be terminated.
c Termination by Grantee.The Grantee may unilaterally cancel the grant at any time prior to the fist 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 ally by mutual agree mat of the Grantee and
the Division. Request for termination prier to completion must fully detail the reasons for the action and the
propreed disposition of the uncompleted work
34. Preservation of Remedies. No delay or omission to exercise any right,paws,or randy accruing to ether 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 anon be construed as a waiver of any such breach or default or any similar brach or default.
35. Non-Assignment of Agreement. The Grantee may not assign,sublicense nes otherwise transfer is rights,duties or
obligations under this Agreement without the prior written consent of the Divisiat which consent shall not unreasonably
be withheld.The agreement transferee must danaatrate compliance with the requhenents of the Project If the Division
approves a tramsrerof the Grantees obligation the Grantee shall remain liable kr all work performed and all expense;
incurred in connection with this Agreement.In the event the Legislature transfers the rights duties,and abggata,sof the
Division to another governmental entity pursuant to Section 20.06,Florida Statutes,or otherwise the rightq duties,and
abligatiams under this Agreement shall be transferred to the successor governmental agency as if it was the orig nal 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 287.052
Florida Statutes.
37. Conflicts of Interest. Tice Grantee hereby canis that it is cognizant of the prohibition of conflicts of interest daubed
in Sections 112311 through 112.326,Florida Statutes,and affirms that it will not enter into or maintain abusiness orot other
.relatiavllp with any employs of the Deportment of State that would violate tuosepmvisions In addition,no Grantee
official,employee,orconsultant who is authorized in his cc her official capacity to negotiate,make,accept approve,or
take part in dedslons regard ng a contract subcontract orother 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 aha interest or in which his or her spouse,child parent,or partner,or any organization in Mich he or the is
easing as an officer,director,trustee,partner,or employee of which he or the has oris negotiating any arrangement
concerning employment has such interest.Grantees shall avoid±crmmstano s presenting the appearance of such conflict
Furt hermoe,the spouse,child,para*or partner of an cficer,director,trustee partner,or employee of the grantee shall
not receive grant funds,con specifically authorized in writing by the General Cancel for the Department ofState to
avoid a potential violation of those statute
38. Binding of Successors This Agreement shall bind the successors,assigns and legal reprenatives 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 ampler/mem of unauthorized aliens by the Grantee is considered a
violation of Section 274A(a)of the Immigrathi 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 S fan to be illegal and unenforceable.the remainder will
remain in full force and effect,and such tam or provision shall be deemed stricken.
41. Americans with Disabilities Act. All programs and facilities related to this Agreement must met the standards of
Sections 553.501-553513,Florida Statutes,and the Americans with Disabilities Act of 1990 as amended(42 U.S.0 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
Page:it
laws and rules of Florida.Venue or location kr 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(Attadmient B)
Page:12
In acknowledgment of this grant, provided from funds appropriated in the FY 2016-2017 General Appropriation
Act,I hereby certify that 1 have read this entire Agreement,and will comply with all of its requirements.
lfr
Depamnat ,i• Grantee:
•7 _ 2/11 S'
B}^ .���4� By: 4.: A°l '11( �. ^r
Dr.Timot y P. t Division Director
Authorizing Official for Grantee
's/rn//I 31vtnau1 L.rvoktt US. UT`i fntRhloc
Typed name and title
Date
e/t lig
Date
APP •_ D AS TO
•:,. : i•. UAGE
dic.
F• EX UTIOr1
°are
ABomev y�
Paw:13
ATTACHMENTA
Estimated Project Budget
Grant Funds Cast Match In KadMatch Description
Conservation:Removal of existing
paint to restore original exposed state
$16,000 $17,000 $0 appearance repair of at material on
upper two basins;and patching and
repcutting of cast state joints
Structural:Sealing the joint in the
$34000 $17,000 $0 lowest elevated basin,cracks in the
pool,and holes in the pod call at the
water fill supply
Mechanical Installation ofa filtration
$4,000 $16,000 $0 system and an automatic water lets
control system
Preventative/Mitigation Measures
$0 $4,000 $p Evacuating the sal adjacent to the
pod;trimming away tree and other
plant roots from the pooL
$0 $28,000 $0 Architecture/Engineering/Lab fees
Par:14
ATTACHMENT
FLORIDA SINGLE AUDIT ACT REQUIREMENTS
AUDIT RFOUttFMFNf9,
The administraticn of resources awarded by the Department of State to the Grantee may be subject to audits and/or mautomtg
by the Department of State as desonbed in this Addendum to the Grant Award Agreement.
$ONITORIN
In addition to reviews of audits conducted in accordance with 2 CFR 200.501 Section 215.97,Florida Statutes, monitoring
procedures may include,but not be limited to,mate visits by Department of State staff,limited scope audits as defaced by 2
CF R 2§200.425,and/or other procedures. By entering into this agreement,the recipient agrees to comply and cooperate with
any monitoring procedures/processes deemed approptiate by the Department of State In the event the Department of 5 tate
determines that a limited scope audit of the recipient is approptiate, the recipient agree; 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 inspatims,reviews,hwestigatiams or audits deemed necessary by the Chid F hnandal 0 Erma
ox Auditor GeneraL
Al OATS
PART I:FEDERALLY FUNDED
This part is applicable if the recipient is a S tate or local government or a rm-profd organization as defined in 2 CFR 200.90,
200.64&200.70 as raised
I. In the event that the recipient expends$750,000 for fiscal years ending after December 3L 2019 or mote during the nm-
Federal entity's fiscal year hi Federal awards in its fiscal year,the recipient must have a single or program-specific audit
conducted in accordance with the provisions of 2CFR 200.501. Exhibit 1 to this agreement indicates Federal resources
awarded through the Department of Sisk.The determination of amounts of Federal awards expended should be in
accordance with the guiddata established by 2 CFR 200.502. An audit of the recipient conducted by the Auditor
General in accordance with theprovidas of 2 CFR 200.514,as revised,MU meet the requirement of this part
2. In mnnaian with the audit requirements addressed in Part I,paragraph 1,the recipient shall fulfill the regwrememts
relative to auditee respawbilities as provided in 2 CFR 200.508.
3. If the recipient expmdsless than$750,000 fa fiscal years aiding after December 31,2014 inFederal awards in its fiscal
year,an audit conducted in accordance with the provisions of 2 CFR200501 is not required. In the event that the
recipient expends less than$750,000 for fiscal years ending after Decetber 31,2014 in Federal awards in its fiscal year
and elects to have an audit inducted in accordance with theprovisims of 2 CFR 200.501,the dist of the audit must be
paid from nes-Federal nOurCES(it,the cost of such an audit must be paid from recipient resources attained from other
than Federal entities). (d)Exemption when Federal awanisexpended are less than$750,000.Anon Federal entity that
expends les than$750,000 during the non-Federal entity's fsal year in Federal awards is exempt from Federal audit
requirements for that year,except as noted in 2 CFR§200503 Relation to other audit requirements,but rear&must be
available for review or audit by appropriate officials of the Federal agency,paseduo ugh entity,and Government
Accountability Office(GAO).
The Internet with addresses listed below will assist recipients in locating documents referenced in the text of this agreement and
the interpretation of compliance Y6lres
U.S.Government Printing Office www.ajrgov
Page:15
PART IL STATE FUNDED
This part is applimble if the redpiart is a norotate entity as deemed by Section 215.97(2)(f),Florida Statutes
1. In the eyed that the recipient expands a total amount of sate financial asistance equal to or in ems of$750,000 in arty
fiscal year of such recipient(for fiscal yean ending after June 30,2016),the recipient must have a State single or prget-
specific audit for sixsuch fiscal year in accordance with Section 215.97,Florida Statutes;applicable rules of the Executive
Office of the Governer and the thief Financial Officer,and Chapters 10.550(local governmental entities)or 10.650
(nonprofit and for-profit orgartiutiais),Rules of the Auditor General. EXHIBIT l to this agreement indicates slate
financial assistance awarded through the Department of State by this agrmnart. In determining the data fmandal
assistance expended in its fiscal year,the recipient ,all consider all soros,of date financial assistance,including state
financial stance received from the Dep'rlmertt of State,other date agencies,and other rusate entities. State
Financial assistance does not include Fedeal direct or pass-trough awards and resources received by a=state entity for
Federal program matching requirements.
2. In cmnecticn with the audit requirements addressed in Part R.paragraph 1,the recipient stall ensure that the audit
complies with the requirements of Satin 215.97(7),Florida Statutes. This induda submission of a financial reporting
package as defined by Section 215.97(2)(d),Florida Statutes,and Chapters 10.550(local governmental entities)or 10.650
(nonprofit and far-profit organizations),Rules of the Auditor General.
3. If the recipient expends less than$750,000 to sate financial assistance in lb fiscal year(for fiscal years ending after June
30,2016),an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,is not required. In the
event that the rafpient expends less than$750,000 in date financial assistance in its Aral year ending after June 30,2016
and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the
audit mud be paid from the nondate entity's resources(ie,the cost of such an audit must be paid from the recipient's
resarcei obtained hens 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 Servicer(Chid Financial Officer)
big/Assay fHfscom(
State of Florida Legislature(Statutes,Legislation relating to the Florida Single Audit Act)htpi/wwwlegdate fi us/
PART II: REPORT SUBMISSION
1. Copia of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and required by
PARTI of this agre®hert shall be submitted,when required by Salim 320(4 OMB Circular et-133,as revised,by oro
behalf of the recipient directly to each of the following:
A. The Department of State at each of the following addresses
Office of Inspector Gaal
Florida Department of State
R A.Gray Building,Room 114A
Page 16
500 South Bmnough St.
Tallahassee,FL 32399-0250
B. The Federal Audit Clearinghouse designated in OMB Circular 4133,as revised(the mmnber of copies required by
Sections 320(d)(1)and(2).OMB Circular 4133,as revised,should be submitted to the Federal Audit
Cleadnghasse),at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10 th Street
Jeffersonville,IN 47132
C. Otte Federal agendas and pass-through entities in accordance with Sections 320(e)and(f),OMB Circular 4133,
as revised
2. Copies of financial reporting page required by PART B of this agreement shall be submitted by oral behalf of the
recipient d a to each of the following:
A The Department of State at each of the following addresses
Office of bminim General
Florida Department of State
It A Gray Building,Room 114A
500 Stith Branagh St
Tallahassee,FL 32399-0250
B. The Auditor General's Office at the following address
Audit General's Office
Room 401,Pepper Building
Ill West Madison Street
Taflahathee,Florida 32399-1450
3. Any repma,management latter,or other information required to be submitted to the Department of State pursuant to
this agreement than besubmitted timely in accordance with OMB Circular 4133,Florida Statutes,and Chapters 10550
(local governmental ems)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor Genera(as
applicable
4. Recipients,when submitting financial reporting packages to the Department d State for audits date 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
carecpondence accompanying the reporting package.
PART IV: RECORD RETENTION
I. The redpiet shall retain sufficient records dernawtrating its compliance with the tams of this agreement for a period of
five years from the date the audit report is issued,and shall allow the Department of State,ee its designee/CFO,a
Auditor General access to such records upon request The recipient shall ensure that audit seeking papas are made
available to the Department of State,or its designee,CFO,orAuditor General upmrequat for a period of at least three
years from the date the audit report is issued,unless ecteided in wilting by the Department of State.
Pag:17
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 RFSOI RICES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
MATCHING RFSOIRRCPMPOR FFDFRAI PROGRAMS:
Not applicable
SUBJECT TO CTION 97 OR A STA S.:
Florida Department of State Historic Preservation Grants;CSFA Number 45.031.Award Amount$50,000.00
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
The compliance requirements of this&at project may be found in Part Four(State Project Compliance Requirements)of the
State Projects Compliance Supplement hated at 1843c//ap(ntkifs.r elf aa/
Page:18
State of Florida
Chief Financial Officer
Department of Financial Services
-" c Bureau of Accounting
+ 200 East Gaines Street
Tallahassee, FL 32399-0354
Telephone: (850) 413-5519 Fax:(850)413-5550
Substitute Form W-9
In order to comply with Internal Revenue Service(IRS)regulations,we require Taxpayer Identification information
that will be used to determine whether you will receive a Form 1099 for payment(s)made to you by an agency of the
State of Florida,and whether payments are subject to Federal withholding. The Information provided below must
match the Information that you provide to the IRS for income tax reporting. Federal law requires the State of Florida
to take backup withholding from certain future payments if you fail to provide the information requested.
Taxpayer Identification Number (FEIN): 59-6000372
IRS Name: CITY OF MIAMI BEACH
Address: 1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL
33139-1819
Business Designation:Government Entity
Certification Statement:
Under penalties of perjury, I certify that:
1.The number shown on this fans is my correct taxpayer information AND
2.1 am not subject to backup withholding because:
(a)I am exempt from backup withholding or
(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup
withholding as a result of(allure to report all Interest or dividends, or
(c)the IRS has notified me that I am no longer subject to backup withholding AND
3. I am a U.S.citizen or other U.S.person(including U.S.resident alien)
Preparer's Name:JUDY HOANSHELT
Preparers Tide: GRANTS DIRECTOR
Phone:305-673-7000 Ext:6183
Email:judyhoanshelt@miamibeachfl.gov
Date Submitted:08/22/2017
Active Doing Business As names submitted on the Substitute Form W-9:
CITY OF MIAMI BEACH
Dale printed from the SW.of FWid,SmaU,M Form W9 WebSa.0&2212017
Small Matching Grant
PRESERVATION AGREEMENT
Grant Number:l 9.H.SM.100.077
This agreement is made the day of ,20_,by City of Miami Beach
(hereafter referred to as the"Owner")and In favor of the Florida
Department of State,Division of Historical Resources(hereinafter rst eferrtdto to as the
PInhtr"DivDiiionve Fountain)for
the
purpose of the preservation of a certain property known as
(hereinafter referred to as the Property"),
located at 41st Street and Pinetree Drive and
which is owned in fee-simple by the Owner and has been determined by the Division to be a historic
property pursuant to Section 267.021, Florida Statutes.
In consideration of the sum of $50,000 received in grant-In-aid assistance from the Division,
the Owner hereby agrees to the following for a period of five(5)years:
1.The Owner agrees to assume the cost of the continued maintenance and repair of the Property so as to
preserve the architectural or historical integrity of the same.
2.The Owner agrees that no visual or structural alterations will be made to the Property without prior
written permission of the Division and 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.
3. If the violation occurs within the five year duration of the Preservation Agreement,the Department
shall be entitled to return of the entire grant amount.
4. The Owner agrees that the Division,its agents and designees shall have the right tb inspect the property
at all reasonable times in order to ascertain whether or not the conditions of this agreement are being
observed.
5.This agreement shall be enforceable in specific performance by a court of competent jurisdiction.
6. It Is understood and agreed by the parties hereto that if any part,term,or provision of this agreement is
held to be illegal by the courts,the validity of the remaining portions or provisions shall not be affected,
and the rights and obligations of the parties shall be construed and enforced as if the contract did not
contain the particular part,term,or provision held to be invalid.
Owner �
Division of sto 'a
Crel of rvtto5atnt $e ai /nll►/I�
Name of Orfiliation Dr.Toroth Parsons,Director
-e,
Signature of Authorized Representative Date
APPRO • •$TO
J1rt& in9 L. rvtoRRicS F•r .v a AGE
Print Na - .. - ' • re ION
Repress .. SARMERTD ((�'
,yr, SiW W FbtIEF �i f3a/)
r(•� a ommnflo IFF 934053 �� tDote
i \ t9'Y/n. m.Erol itnessed of Owner sl; attire i- prosy `�
Date r;, flY,a ! Ann. .y Notary Public repo' ed \\\\(—
/1.._