Agreement with Department of State aol`1 - 4-
AGREEMENT BETWEEN
THE STATE OF FLORIDA,DEPARTMENT OF STATE
AND
CITY OF MIAMI BEACH
19.ILSM.100.077
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 B each hereinafter referred to as the"Grantee."
The Grantee has been awarded a Small Matching Grant by the Division,grant number 19hsm.100.077 for the Project"
41st Street and Pinetree Drive Fountain",in the amount of$50,000.00("Grant Award Amount").The Division enters into this
Agreement pursuant to Line Item 3090,contained in the 2019 General AppLupLiations 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"41st Street and Pinetree Drive Fountain",the public purpose
for which these funds were appropriated.
a. The Grantee shall performthe following Scope of Work:
Grant funds will be used to restore the 41st Street and Pinetree Drive Fountain in Miami Beach,Miami-Dade
County.The fountain complex consists 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-volume water
spray above the uppermost basic.The project includes sealing the joint in the lowest elevated basin,cracks in the
pool,and holes in the pool wall at the water fill supply;evacuating the soil adjacent to the pool;trimming away tree
and other plant roots from the pool;installation of a fdiration system and an automatic water lever control system;removal of
existing paint to restore original exposed stone appearance;repair of lost material on upper two basun;and patching and repainting of cast
stone joints.
All tasks associated with the Project shall meet the requirements set forth in this agreement
b. The Grantee agrees to provide the following Deliverables and Performance Measures related to the Scope of
Work for payments to be awarded.
Payment Deliverable Deliverable Payment
Number Number Description Documentation Amount
The performance
measure
documenting
satisfactory
completion of A completed
Deliverables will be a Application and
completed Certificate for
• Application and Payment(AIA
Certificate for Document G702)and
1 1 Payment(AIA Schedule of Contract $15,000
Document G702) Values(AIA Document
and Schedule of G703),or its
Contract Values equivalent,showing at
(AIA Document least 30 percent of the
G703),or its project completed.
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. .
) 1
, .
_ .
equivalent,showing
• at least 30 percent of'.11 •
•
• . the project
• •
completed. • . ,
,
_
, The performanc:e
. .
measure ,.
,
documenting ,
,.
flsatisfactory
completion of A completed
' Deliverables will be a Application and . .
• completed Certificate for ,• .•
• ,
•
. .
Application and Payment(AIA
. •
Certificate for . I Document G702)and !' !
2 2 Payment(AlA , Schedule of Contract $15,000
Document G702) . Values(AIA Document
1 ,and Schedule of G703),or its
•
. .Contract Values equivalent,showing at.. !
(AIA Document least 60 percent of the '! :•
.••
G703),or its project completed. :• :
. ,equivalent,showing . •
at least 60 percent of . .
. .,
,the project
• completed.
. ._ . .
The performance
•
measure ,
•
• 'documenting . 1
. •
. 1
• :'satisfactory •
! • 'completion of
' 1 . Deliverables will be a . .
completed
•
Application and
Certificate for A completed
•
, . Payment(AlA Application and
.. , Document G702), !Certificate for
., .
. : Schedule of Contract Payment(AIA 1 '
, .
,• •
• Values(AlA Document G702),
•
,
. , • Document G703), !Schedule of Contract
and a Certificate of 'Values(AlA Document
•Substantial :G703),and a
. . .
Completion(AIA Certificate of
Document G704),or ;Substantial
its equivalent, Completion(AIA
showing 100 percent Document G704),or
of the Project its equivalent,showing
completed,including 100 percent of the
all retainage Project completed, •
amounts paid.The including all retainage
performance .amounts paid;
3 . 3 $20,000
measure submission and
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 submission and funds and required •
acceptance of a Final match have been
Project Progress expended 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 Form
expended in the way completed by the
There 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 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 outlined in the Agreement The Budget provides details of
how grant and match funds will be spent.All expenditures shall be in accordance with this budget(which is
incorporated as part of this Agreement and entitled Attachment A)and must be incurred during the term of this
Agreement,as stated in Section 2 of this Agreement
2. Length of Agreement.This Agreement shall begin on 7/1/2018 and shall end 6/30//2019 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 andno amendment will be valid until a written amendment is signed by both parties as required in Section 7
and Section 15 of this Agreement
•
3. Contract Administration.The parties are legally bound by the requirements of this Agreement Each party's contract
manager,named below,will be responsible for monitoring its performance under this Agreement,and will be the official
contact for each party.Any notice(s)or other communications in regard to this agreement shall be directed to or delivered
to the other party's contract manager by utilizing the information below.Any change in the contact information below
shall be submitted in writing to the contract manager within 10 days of the change
For the Division of Historical Resources:
Yasha Rodriguez
Florida Department of State
RA Gray Building
500 South Bronough Street
Tallahassee FL 32399
Phone 850.245.6333
Email:BHPgramts@dos.myflorida.com
For the Grantee:
Contact Hoanshelt,Judy
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Address:1700 Convention Center Drive Miami Beach Florida,33139
Phone
Email:judyhoanshelt@miamibeachfl.gov
4. Grant Payments. All grant payments are requested online via www.dosgrants.com by submitting a payment request
with documentation that the deliverable has been completed and documentation evidencing all expenses incurred in
achieving the completion of the deliverable.The total grant award shall not exceed the Grant Award Amount,which shall
be paid by the Division in consideration for the Grantee's minimum performance as set forth by the terms and conditions
of this Agreement.The grant payment schedule is outlined below:
a. All payments will be made in the amounts identified with the Deliverables in Section 1 of this agreement
b. All payments will be made in accordance with the completion of those Deliverables.
5. Electronic Payments.The Grantee can choose to use electronic funds transfer(EFI)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.The
authorization form is accessible at http://www,myfloridacfo.com/DivisictriMA/FounsIDES-A1-2 pdf where
information pertaining to payment status is also available.
6. Florida Substitute Form W-9.A completed Substitute Form W-9 is required from any entity that receives a payment
from the State of Florida that may be subject to 1099 reporting.The Department of Financial Services(DFS)must have
the correct Taxpayer Identification Number(TIN)and other related information in order to report accurate tax
information to the Internal Revenue Service(IRS).To register or access a Florida Substitute Form W-9 visit
http://www.fivendoranyfloridacfo.corn/A copy of the Grantee's Florida Substitute Form W-9 must be submitted
to the Division,as required,in advance of or with the executed Agreement.
7. Amendment to Agreement Either party may request modification of the provisions of this Agreement by contacting
the Division to request an Amendment to the Contract Changes which are agreed upon shall be valid only when in
writing,signed by each of the parties,and attached to the original of this Agreement.If changes are implemented
without the Division's written approval,the organization is subject to noncompliance,and the grant award is subject to
reduction,partial,or complete refund to the State of Florida and termination of this agreement
8. Financial Consequences.The Department shall apply the following financial consequences for failure to perform the
minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058,Florida Statutes.
a. Any advanced funds will be returned to the State of Florida if any Deliverable is not satisfactorily completed.
b. Payments will be withheld for failure to complete services as identified in the Scope of Work and Deliverables,
provide documentation that the deliverable has been completed,or demonstrate the appropriate use of state fonds.
c. If the grantee has spent less than the Grant Award Amount in state funds to complete the Scope of Work,the final
payment will be reduced by an amount equal to the difference between spent state dollars and the Grant Award
Amount.
d. The Division may reduce individual payments by 10%if the completed Deliverable does not meet the Secretary of
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 18,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.
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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.htrn.
b. The Grantee shall provide photographic documentation of the restoration activity.The Guidelines document
regarding the photographic documentation is available online at
www_.flheritage.com/gran,categoriesismallmatchung.cfu
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 work.
d. Architectural Documents and Construction Contracts
The Grantee shall submit the architectural services contract to the Department for review and approval prior to final
execution.In addition,pursuant to Section 267.031(5)(1),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 the Project,in addition to the review submissions indicated above,a copy of the
construction contract must be submitted to the Department for review and approval prior to final execution.
Department review and approval of said contracts shall not be construed as acceptance by or imposition upon the
Department of any financial liability in connection with said contracts.
f. For projects involving ground disturbance(examples include:historic building or structure relocation,grading and
site work,installation of sewer and water lines,subgrade foundation repairs or damp proofing,construction of new
foundations and installation of landscape materials),the Grantee shall ensure that the following requirements are
included in all contracts for architectural and engineering services
a. Ground disturbance around historic buildings or elsewhere on the site shall be minimized,thus reducing the
passbiity of damage to or destruction of significant archaeological resources.
b. If an archaeological investigation of the Project site has not been completed,the architect or engineer shall
contact the Department for assistance in determining the actions necessary to evaluate the potential for
adverse effects of the ground disturbing activities on significant archaeological resources.
c. Significant archaeological resources shall be protected and preserved in place whenever possible.Heavy
machinery shall not be allowed in areas where significant archaeological resources may be disturbed or
damaged
•
d When preservation of significant archaeological resources in place is not feasble,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 Interims'Professional Qualification Standards for
A,theology.
e. Documentation of archaeological investigation and required mitigation actions shall be submitted to the
Compliance Review Section for review and approval This documentation shall conform to the Secretary of the
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Interior's Standards for Ardraeological Documentation,and the reporting standards of the Compliance Review
Section set forth in Chapt er 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."Any variation in this language must receive prior approval in writing by the Division.
b. All site-specific projects must include a Project identification sign,with the aforementioned language,that must be
• placed on site.The cost of preparation and erection of the Project identification sign are allowable project costs.
Routine maintenance costa of Project signs are not allowable project costs.A photograph of the aforementioned sign
must be submitted to the Division as soon as it is erected.
11. Encumbrance of Funds.The Grantee shall execute a binding contract for at least a part of the Scope of Work by
September 30 of the grant period,except as allowedbelow.
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 thirty(30)days.
b. Encumbrance Deadline Exception For projects not involving contract services the Grantee and the Department
shall consult on a case-by-case basis to develop an acceptable encuMbrance schedule. ;
12. Grant Reporting Requirements. The Grantee must submit the following reports to the Division.All reports shall
document the completion of any deliverables/tasks,expenses and activities that occurred during that reporting period.All
reports on grant progress will be submitted online via www.dosgrants.com.
a. First Project Progress Report is due by October 31,for the period ending September 30.
b. Second Project Progress Report is due by January 31,for the period ending December 31.
c. Third Project Progress Report is due by April 30,for the period ending March 31.
d. Final Report. The Grantee must submit a Final Report to the Division within one month of the Grant Period End
Date set forth in Section 2 above.
13. Matching Funds.The Grantee is required to provide a 100%match.Of the 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.For projects located in Rural Economic Development Initiative(REDI)counties or communities that have
been designated in accordance with Sections 288.0656 and 288.06561,Florida Statutes,Grantees may request a reduction
of the match amount a waiver for the match amount Grantees 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 Division documentation evidencing expenses
incurred to comply with this requirement.
14. Grant Completion Deadline.The grant completion deadline is the end date of this Agreement set forth in Section 2
above.The Grant Completion Deadline is the date when all grant and matching funds have been paid out and expended
in accordance with the work described in the Scope of Work,detailed in the Estimated Project Budget If the Grantee
finds it necessary to request an extension of the Grant Completion Deadline,an Amendment to the Agreement must be
executed as per Section 7,and the stipulations in Section 15 must be met
15. Extension of the Grant Completion Deadline.An extension of the completion date must be requested at least thirty
(30)days prior to the end of the Grant Period and may not exceed 30 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
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prevents timely completion of the Project such as a natural disaster,death or serious illness of the individual responsible
for the completion of the Project,litigation related to the Project,or failure of the contractor or architect to provide the
services for which they were contracted to provide.An extenuating circumstance does not include failure to read or
understand the administrative requirements of a grant or failure to raise sufficient matching funds.Changes to the
original completion deadline shall be valid only when requested in writing,approved by the Division,and an Amendment
to the Agreement has been executed by both parties and attached to the original of this Agreement.
16. Non-allowable Grant Expenditures.The Grantee agrees to expend all grant funds received under this agreement solely
for the purposes for which they were authorized and appropriated.E xpenditures shall be in compliance with the state
guidelines for allowable Project costs as outlined in the Department of Financial Services'Reference Guide for State
Expenditures(revised 3/10/2011),which are incorporated by reference and are available online at
http://www,rgyfloridacfo,corn/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 of the executed Grant Award Agreement;
b. Costs of goods and services not procured in accordance with procurement procedures set forth in theGrant Award
Agreement and Chapter 287 of the Florida Statutes;
c. Expenses incurred or obligated prior to or after the Grant Period,as indicated in the Grant Award Agreement;
d Expenses associated with lobbying or attempting to influence Federal,State,or local legislation,the judicial branch,
or any state agency;
e. Expenditures for work not consistent with the applicable historic preservation standards as outlined in the Secretary
of the Interior's Guidelines available athttp://wwwnps.gov/tps/standards/treatment-guidelines-2017.pdf standards
available athttp://www.nps.gov/tps/standards.htmandbttp://wwwnps.gov/history/lccal-law/arch stnds O.htm or
applicable industry standards; •
f. Costs for projects having as their primary purpose the fulfillment of Federal or State historic preservation regulatory
requirements,specifically,costs of consultation and mitigation measures required under Section 106 of the National
Historic Preservation Act of 1966,as amended,or under Section 267.031,FS.;
g. Projects directed at activities or Historic Properties that are restricted to private or exclusive participation or access,
which shall include restricting access on the basis of sec race,color,religion,national origin,disability,age,
pregnancy,handicap,or marital status,
h. Entertainment,food,beverages,plaques,awards,or gifts,
i Costs or value of donations or In-kind Contributions not documented in accordance with the provisions of the Grant
Award Agreement;
J. Indirect costs including Grantee overhead,management expenses,general operating costs and other costs that are
not readily identifiable as expenditures for the materials and services required to complete the work identified in the
Scope of Work in the Grant Award Agreement Examples of indirect costs include:rent/mortgage,utilities,janitorial
services,insurance,accounting,interne service,monthly expenses associated to security systems,non-grant related
administrative and clerical staffing,marketing,and fundraising activities;
k. Administrative expenditures such as expenditures that are directly attributable to management of the grant-assisted
Project and meeting the reporting and associated requirements of the Grant Award Agreement,whether grant
expenditures or match contributions,which in aggregate exceed 5%of the grant award amount;
1. Grantee operational support(i.e.,organization salaries not directly related to grant activities;travel expenditures;
per diem;or supplies);
m. Insurance costs;
n. Capital improvements to non-historic properties;or non-historic additions to a Historic Property(Exception:pre-
approved items of work for Museum Exhibit projects);
o. Capital improvements to the interior of Religious Properties(Exception: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 and restoration practices associated with the building
envelope);
p. Code-required Accessibility improvements for Religious Properties;
q. Vehicular circulation(drives/driveways)within the property or from the property to surrounding streets and
parking(Exception:provision of code-required handicapped parking pad(s));
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)
r. Sidewalks,paths,walkways,landscape features and accessories,planting,irrigation systems and site lighting
(Exceptions sidewalk required to link the code-required handicapped parking pad(s)to the accessible entry;
planting/sodding required to halt documented erosion;pruning,removal,or relocation of trees posing an immediate
threat to the historic or archaeological resource;and limited site lighting required for security,all if approved by the
Division);
s. Fences and gates(Exception:restoration or in-kind replacement of damaged or missing historic fences,gates,or
sections of these);
t. Furniture and Equipment.(a)Expenditures for furniture and equipment including but not limited to desks,tables,
seating,rugs and mats,artwork and decorations,window treatments,computers,cameras,printers,scanners,
appliances,case goods(including cabinets,countertops,or bookshelves),new or replacement casework,systems'
furniture,portable lighting fixtures,portable sound or projection systems,specialty fixtures and equipment,visual
display units,total stations,movable partitions,and acoustical treatments and components,unless specific prior
approval has been granted by the Division.(b)If special equipment is required for completion of the Project,it shall
be rented for the grant term unless it can be shown that acquiring the equipment is cheaper than renting the
equipment and approval has been provided by the Division as part of the documentation presented at the time of
application.If the value of special equipment is to be used as a match contribution,the value of the match
contribution shall be limited to the cost of rental for the Grant Period at the market rate for such rental in the region;
u. Costs associated with attending or hosting conferences,summits,workshops,or presentations;and
v. Travel expenditures,including those of personnel responsible for items of work approved by the Division,
administrative personnel,contracted or subcontracted employees,either for purposes of work on-site or research off-
site.
17. Unobligated and Unearned Funds and Allowable Costs.In accordance with Section 215.971,Florida Statutes,the
Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the
Grantee.In addition,funds paid in excess of the amount to which the recipient is entitled under the terms and conditions
of the agreement must be refunded to the state-agency.Further,the recipient may expend funds only for allowable costs
resulting from obligations incurred during the specified agreement period.Expenditures of state financial assistance must
be in compliance with the laws,rules,and regulations applicable to expenditures of State funds,including,but not limited
to,the Reference Guide for State Expenditures.
18. Repayment.All refunds or repayments to be made to the Department under this Agreement are'to be made payable to
the order of the"Department of State"and mailed directly to the following address:Florida Department of State,
Attention:Grants Program Supervisor,Division of Historical Resources,500 South Bronough Street Tallahassee,FL
32399.In accordance with Section 21534(2),Florida Statutes,if a check or other draft is returned to the Department for
collection,Grantee shall pay to the Department a service fee of$15.00 or five percent(5%)of the face amount of the
returned check or draft,whichever is greater.
19. Single Audit Act.Each Grantee,other than a Grantee that is a State agency,shall submit to an audit pursuant to Section
215.97,Florida Statutes.See Attachment B for additional information regarding this requirement.
20. Retention of Accounting Records.Financial records,supporting documents,statistical records,and all other records
including electronic storage media pertinent to the Project shall be retained for a period of five(5)years after the close out
of the grant If any litigation or audit is initiated,or claim made,before the expiration of the five-year period,the records
shall be retained until the litigation,audit,or claim has been resolved.
21. Obligation to Provide State Access to Grant Records.The Grantee must make all grant records of expenditures,
copies of reports,books,and related documentation available to the Division or a duly authorized rCineeirtative 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
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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. Noncompliance with Grant Requirements.Any Grantee that has not
submitted required reports or satisfied other administrative requirements for this grantee or other Division of Historical
Resources grants or grants from any other Florida Department of State(DOS)Division will be in noncompliance status
and subject to the DOS Grants Compliance Procedure.Grant compliance issues must be resolved before a grant award
agreement maybe executed,and before grant payments for any DOS grant may be released.
25. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the
use of all grant funds as follows:
a. The accounting system must be able to specifically identify and provide audit trails that trace the receipt,
maintenance,and expenditure of state funds;
b. Accounting records must adequately identify the sources and application of funds for all grant activities and must
claccify 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
1. 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. United States Congress in the case of a federally funded grant In the event that the state or
federal funds upon which this Agreement is dependent are withdrawn,this Agreement will be automatically terminated
and the Division shall have no further liability to the Grantee beyond those amounts already released prior to the
termination date.Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds
previously distributed.In the event of a state revenue shortfall,the total grant may be reduced accordingly.
27. Independent Contractor Status of Grantee. The Grantee,if not a state agency,agrees that its officers,agents and
employees,in performance of this Agreement,shall act in the capacity of independent contractors and not as officers, •
agents,or employees of the state.The Grantee is not entitled to accrue any benefits of state employment,including
retirement benefits and any other rights or privileges connected with employment by the State of Florida.
28. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in
connection with this Agreement.The Grantee may subcontract,as necessary,to perform the services and to provide
commodities required by this Agreement.The Division shall not be liable to any subcontractor(s)for any expenses or
liabilities incurred under the Grantee's subcontract(s),and the Grantee shall be solely liable to its subcontractor(s)for all
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expenses and liabilities incurred under its subcontract(s).The Grantee must take the necessary steps to ensure that each of
its subcontractors will be deemed to be"independent contractors"and will not be considered or permitted to be agents,
servants,joint ventures,or partners of the Division.
29. Liability: The Division will not assume any liability for the acts,omissions to act;or negligence of,the Grantee;its
agents,servants,or employees;nor may the Grantee exclude liability for its own acts,omissions to act,or negligence,to
the Division.
a. The Grantee shall be responsible for claims of any nature,including but not limited to injury,death,and property
damage arising out of activities related to this Agreement by the Grantee,its agents,servants,employees,and
subcontractors.The Grantee,other than a Grantee which is the State or the State's agencies or subdivisions,as
defined in Section 768.28,Florida Statutes,shall indemnify and hold the Division harmless from any and all claims
of any nature and shall investigate all such claims at its own expense.If the Grantee is governed by Section 768.28,
Florida Statutes,it shall only be obligated in accordance with that Section.
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,pregnancey,handicap
or marital status.The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement
32. Breach of Agreement. The Division will demand the return of grant funds already received,will withhold subsequent
payments,and/or will terminate this agreement if the Grantee improperly expends and manages grant funds,fails to
prepare,preserve or surrender records required by this Agreement,or otherwise violates this Agreement
33. Termination of Agreement.
a. Termination by the Division.The Division will terminate or end this Agreement if the Grantee fails to fulfill its
obligations herein. In such event,the Division will provide the Grantee a notice of its violation by letter,and shall
give the Grantee fifteen(15)calendar days from the date of receipt to cure its violation If the violation Is not cured
within the stated period,the Division will terminate this Agreement. The notice of violation letter shall be delivered
to the Grantee's Contract Manager,personally,or mailed to his/her specified address by a method that provides
proof of receipt. In the event that the Division terminates this Agreement,the Grantee will be compensated for any
work completed in accordance with this Agreement,prior to the notification of termination,if the Division deems
this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed
in accordance with this Agreement shall be returned to the Division,with interest,within thirty(30)days after
termination of this Agreement.The Division does not waive any of its rights to additional damages,if grant funds
are returned under this Section.
b. Termination for convenience. The Division or the Grantee may terminate the grant in whole or in part when both
Page:10
•
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laws and rules of Florida.Venue or location for any legal action arising under this Agreement will be in Leon County,
Florida.
43. Entire Agreement. The entire Agreement of the parties consists of the following documents:
a. This Agreement
b. Estimated Project Budget(Attachment A)
c. Single Audit Act Requirements and Exhibit I(Attachment B)
Pap:12
1
r
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.
4111, i
0/0
Departmi,ent riofr fa
Grantee �` - of��a
� � (2 'By: LA - _ ;P`- 'n .
Dr.Timo .y Pa • ,Division Director
Authorizing Official for =Grantee
/(//40 3'ivt. t4 t_-.rvrn&Q.ftLES C i`� r r c `YL
Typed name and title i
Date
-- Vit .
Date
APPRODAS TO
7. UAGE
0 , UTION
Are
d Attorney t
•
Page:13
ATIACHMENT_A
Estimated Project Budget
Grant Funds Cash Match 7n KmdMatch Description
Conservalwn Removal of existing
paint to restore original exposed stone
$16,000 $17,000 $0 appearance;repair of lost material on
.upper two basins;and patching and ':
repointing of cast stone joints
Structural:Sealing the joint in the
$30,000 $17,000 so lowest elevated basin,cracks in the '
pool,and holes in the pool wall at the
( water fill supply
'Mechanical•Installation of a filtration
$4,000 $16,000 $0 system and an automatic water lever
control system
Preventative/Mitigation Measures
$0 $4,000 $0
Evacuating the soil adjacent to the
`
pool;trimming away tree and other
plant roots from the pooL
' $0 $28,000 $0 ' Architecture/Engiateering/Lab fees •
•
Page:14
ATTACHMENT B
FLORIDA SINGLE AUDIT ACT REQUIREMENTS
AUDIT REQUIREMENTS
The administration of resources awarded by the Department of S tate to the Grantee may be subject to audits and/or monitoring
by the Department of State as described in this Addendum to the Grant Award Agreement.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR 200.501 Section 215.97,Florida Statutes,monitoring
procedures may include,but not be limited to,on-site visits by Department of S tate staff,limited scope audits as defined by 2
CFR 2§200.425,and/or other procedures. B y entering into this agreement,the recipient agrees to comply and cooperate with
any monitoring procedurer/proccsso deemed appropriate by the Department of S tate. In the event the Department of S tate
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 S tate 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
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 2 CFR 200.90,
200.64&200.70 as revised.
1. In the event that the recipient expends$750,000 for fiscal years ending after December 31,2014 or more during the non-
federal
onFederal entity's fi.9ral year to 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 State.The determination of amounts of Federal awards expended should be in
accordance with the guidelines established by 2 CFR 200502. An audit of the recipient conducted by the Auditor
General in accordance with the provisions of 2 CFR 200.514,as revised,will meet the requirement 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 2 CFR 200.508.
3. If the recipient expends less than$750,000 for fiscal years ending after December 31,2014 in Federal awards in its fiscal
year,an audit conducted in accordance with the provisions of 2 CFR 200.501 is not required. In the event that the
recipient expends less than$750,000 for fiscal years ending after December 31,2014 in Federal awards in its fiscal year
and elects to have an audit conducted in accordance with the provisions of 2 CFR 200.501,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). (d)Exemption when Federal awards expended are less than$750,000.Anon-Federal entity that
expends less than$750,000 during the non-Federal entity's fiscal year in Federal awards is exempt from Federal audit
requirements for that year,except as noted in 2 CFR§200.503 Relation to other audit requirements,but records must be
available for review or audit by appropriate offic iatc of the Federal agency,pass-through entity,and Government
Accountability Office(GAO). •
The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and
the interpretation of compliance issues.
U.S.Government Printing Office www.ecfrgov
Page:15
PART II:STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1),Florida Statutes
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of$750,000 in any
fiscal year of such recipient(for fiscal years ending after Jane 30,2016),the recipient must have a State single or project-
specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes;applicable rules of the Executive
Office of the Governor and the Chief Financial Officer,and Chapters 10.550(local governmental entities)or 10.650
(nonprofit and for-profit organizations),Rules of the Auditor General EXHIBIT 1 to this agreement indicates state
financial assistance awarded through the Department of State by this agreement In determining the state financial
assistance expended in its fiscal year,the recipient shall consider all sources of state financial assistance,including state
financial assistance received from the Department of State,other state agencies,and other nonstate entities. State
financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for
Federal program matching requirements.
2. In connection with the audit requirements addressed in Part$paragraph 1,the recipient shall ensure that the audit
complies with the requirements of Section 215.97(7),Florida Statutes. This includes 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 for-profit organizations),Rules of the Auditor General
3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal years ending 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 recipient expends less than$750,000 in state financial assistance in its fiscal 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 must be paid from the nonstate entity's resources(ie.,the cast of such an audit must be paid from the recipient's
resources obtained from other than State entities).
The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and
the interpretation of compliance issues
State of Florida Department Financial Services(Chief Financial Officer)
jttp://www.fldfs.com/
State of Florida Legislature(Statutes,Legislation relating to the Florida Single Audit Act)littp://www.leg.statellusi
PART Ill 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
Office of Inspector General
Florida Department of State
R A Gray Building.Room 114A
Page:16
500 South 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. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the
recipient directly to each of the following:
A The Department of State at each of the following addresses:
Office of Inspector General
Florida Department of State
R.A.Gray Building,Room 114A
500 South 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
3. 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 10350
(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,as
applicable.
4. Recipients,when submitting financial reporting packages to the Department of State for audits done in accordance with
OMB Grcular 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
five 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 at least three
years from the date the audit report is issued,unless extended in writing by the Department of State.
Page: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 RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE;
FOLLOWING;
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Not applicable.
•
SUBJECT TO SECTION 214.97,FLORIDA STATUTES:
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 state project may be found in Part Four(State Project Compliance Requirements)of the
State Projects Compliance Supplement located at https//apps.fldfs.cbm/fsaa/.
Page:18
C
*fit?* State of Florida
4.�
,,^ ;�,1 Chief Financial Officer
`?r •` '{ Department of Financial Services
t' 'tom Bureau of Accounting
-A,' `° r 200 East Gaines Street
.4c���_r;: . 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
1
Certification Statement: t
Under penalties of perjury,I certify that:
1.The number shown on this form is my correct taxpayer information AND
2.I 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 failure 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. . .
Preparer's Title: 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 Stele of Florida Substitute Form W-9 Webs8e;08/22/2017
F
1
Small Matching Grant
PRESERVATION AGREEMENT
Grant Number:19.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 referred to as the"Division")for the
purpose of the preservation of a certain property known as_ 41st Street and Pinetree Drive Fountain
_._(hereinafter referred to as the Property"),
..
41st Street and Pinetree Drive
located at - ;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 to 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 istor4
C -ri o f rvnttanat 6 f '- OA
for
Name of Or nization __ Dr.Timoth .Parsons,Director
Signature of Auth,-r ized Representative Date
APPRO / . •S TO
,iii 4&06-9 L. rvtc) -t-c-S . :.- - F s• •i-. LAN a UAGE
Print Na - :,. - - . , .,; :