MOU with Miami City Ballet Renovation Project 2(31Q) 2Q19
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF MIAMI BEACH,FLORIDA,AND
MIAMI CITY BALLET REGARDING THE
MIAMI CITY BALLET RENOVATION PROJECT
PURSUANT TO STATE GRANT/CONTRACT NUMBER 1$ .C,cf.90013 83
This Memorandum of Understanding (the Agreement) is made and executed on this
day Zee.vorh 201 (Effective Date),between the City of Miami Beach, a municipal
corporation of/the State of Florida whose address is 1700 Convention Center Drive, Miami
Beach, Florida 33139 (City), and Miami City Ballet, Inc., a Florida non-profit corporation with
its principal address at 2200 Liberty Avenue,Miami Beach,Florida 33139 (MCB):
RECITALS
Whereas, the City is the owner of the real property and facilities located at 2200 Liberty
Avenue (the "Property"),and leases the Property to MCB, one of the leading non-profit cultural
organizations in Miami-Dade County; and
Whereas, on May 18, 2016, the Mayor and City Commission adopted Resolution No.
2016-29411, authorizing the MCB and the City apply for grant funding in the amount not-to-
exceed $500,000 from the Florida Department of State, Division of Cultural Affairs, Cultural
Facilities Program, for the Miami City Ballet Renovation Project, which project includes new
windows, roof renovations and restoration of the building exterior, among other improvements
(the"Project");and
Whereas, the State of Florida ultimately awarded MCB the total amount of$360,000 for
the Project, and entered into an agreement with the Miami City Ballet, Inc., as amended, a copy
of which is attached as Exhibit"A"hereto(the"State Contract"); and
Whereas, in Resolution No. 2016-29411, the City committed matching funds for the
Project in the amount not-to-exceed $720,048, for the items in the amended budget included as
part of the State Contract; and
Whereas, the MCB will be undertaking the scope of work under the State Contract,
subject to the tenns and conditions of said Contract,and subject further to this MOU; and
Whereas, the City and MCB desire to memorialize their agreement as to the prosecution
of the scope of work for the Project,and with respect to City's payment or reimbursement for the
"cash match"portion of the Project, as specified in the State Contract.
NOW THEREFORE, in consideration of the conditions and covenants hereinafter
contained, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Recitals. The foregoing recitals are hereby acknowledged as true and correct, and are
incorporated herein by reference.
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2. Purpose. The purpose of this Agreement is to ensure the MCB's completion of the
Project and compliance with all requirements under the State Contract and City's requirements,
and to memorialize the terms for City's payment to vendors, or reimbursement to MCB, for the
scope of work for which City's"cash match"is intended,as specified in the State Contract.
3. MCB's Obligations.
a) The MCB shall complete the Project,in compliance with the scope of work, amended
budget and terms as described in the State Contract. In furtherance thereof, and subject to City's
obligations as provided in Section 4 below, the MCB shall be solely responsible for, and shall
assume all cost, work, and liabilities associated in any way with, or pertaining to, the scope of
work and budget for the Project, as contemplated under the-State Contract, the terms of which
are incorporated by reference as if fully set forth herein.
b) The MCB agrees to be bound by all applicable laws and regulations in the
performance of the Project, including, without limitation, the Florida Building Code and City of
Miami Beach Code of Ordinances.
c) Prior to proceeding with the installation or construction of any work for the Project,
MCB shall seek and obtain the approval of the City Manager (or the City Manager's designee,
the Director of the City's Property Management Department) in the City's proprietary capacity
as the owner of the Property, of all permits, plans and specifications related to the Project. All
work performed for the Project shall be further subject to approval by MCB and the City
Manager or designee.
d)With respect to the portion of the Project scope of work funded with"Grant Funds," as
specified in the amended budget as set forth in the State Contract, MCB shall promptly pay
vendors for work satisfactorily performed for the Project, and shall be solely responsible for
seeking reimbursement of Grant Funds, in accordance with the State Contract. City shall have
no responsibility for payment of any work intended to be covered by the Grant Funds.
e)The MCB shall transmit requests to the City for payment of vendors or reimbursement
to MCB for work performed for the Cash Match portion of the Project, with such supporting
documentation, and in such manner as may be reasonably requested by the City, including
records documenting completion of the work and/or proof of the MCB's payment thereof.
Notwithstanding the preceding, or any other term or condition of this Memorandum of
Understanding or the State Contract, the City shall have no liability to the MCB or to third
parties (including, without limitation, any contractors or subcontractors retained by the MCB to
prosecute the Project), for any costs or payments as a result of any requests for reimbursement
disallowed or not approved or accepted by the City, or for any costs or payment of Grant Funds
disallowed or not approved by the State of Florida.
f) The MCB shall document and submit to the City, in quarterly reports and a close-out
report,its progress in performing and completing the Project (and any other required milestones)
under the State Contract. The MCB shall retain sufficient records for an audit. At City's
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request, the MCB agrees to provide City with a copy of any project records or documents
pertaining to the State Contract,including warranties provided by contractors.
4. City Obligations.
a) City Manager's designee for the Project shall be the City's Property Management
Director. All work for the Project shall be subject to the review, inspection and approval of the
City Manager or designee, with such approval not to be unreasonably withheld. For illustrative
purposes only, and without limitation,the City may decline to approve work for the Project if the
work is defective, or does not conform to the permits,plans and specifications for the Project, or
does not comply with any applicable law, this MOU, or the State Contract, or if City requires
additional.information or supporting documentation with respect thereto. Notwithstanding the
foregoing, MCB shall be solely responsible for resolving any quality or payment dispute with its
vendors for the Project.
b)The City acknowledges that the Project contemplated under the State Contract requires
a cash match,in the total not-to-exceed amount of$720,000("Cash Match"). With respect to the
scope of work funded by the Cash Match (as such work is specified in the line item amended
budget incorporated in the State Contract), City agrees to either directly pay vendors for work
performed (subject to mutual agreement and coordination thereof between City and MCB), or
City may otherwise reimburse MCB, for work satisfactorily completed and accepted by the City
Manager or designee.
c) City's Cash Match shall not be used for any purposes other than for payment of
expenses for the Cash Match portion of the Project. MCB shall be solely responsible for
payment of vendors for the portion of the work funded by Grant Funds, for seeking
reimbursement from the State in accordance with the State Contract, and for any Project
expensesincurred in excess of the budgeted amounts.
d) In no event shall City have or owe any liability for any work not approved or accepted
by the City, or for any amount for the Project in excess of the Cash Match. City's obligations
under this MOU and for the Project shall be limited to payment of the not-to-exceed amount of
the Cash Match. MCB shall be solely responsible for all remaining costs or expenses, as
required tocomplete the Project. All amounts paid by the City(either to vendorsdirectly or on a
reimbursement basis), shall be credited toward City's total contribution of the Cash Match (and
the corresponding line item in the amended budget).
e) Nothing herein shall alter MCB's responsibility for administering its contracts and
work performed by vendors, or establish any privity of contract between City and any of MCB's
contractor engaged by MCB with respect to the Project.
5. Indemnification.
•
The MCB shall indemnify and hold the City and its respective officers, employees, agents,
contractors,instrumentalities, and assigns,harmless from any and all liability,losses or damages,
including attorneys' fees and costs of defense, which the.MCB, and/or its respective officers,
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employees, agents, contractors, instrumentalities and assigns, may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to,
or resulting from the State Contract or the Project.
6. Severability
In the event any paragraph, clause, or sentence of this Agreement or any future amendment is
declared invalid by a court of competent jurisdiction, such paragraph, clause or sentence shall be
stricken from the subject Agreement and the balance of the Agreement shall not be affected by the
deletion, provided to do so would not,render interpretation of the Agreement provisions
ambiguous or a nullity.
7. Notice
Any notices to be given hereunder shall be in writing and shall be deemed to have been given if
sent by hand delivery or recognized overnight courier(such as Federal Express), or if by certified
U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the
place specified. For the present, the parties designate the following as the respective places for
notice purposes,which includes electronic mail address as indicated for copies of notices given.
If to the MCB: Miami City Ballet,Inc.
Attn: Executive Director
2200 Liberty Avenue
Miami Beach,Florida 33139
If to the City: City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach,Florida 33139
8. No Joint Venture.
The City and MCB acknowledge and agree that they are not joint venturers, partners, or joint
owners with respect to this MOU or the Project. Nothing contained herein shall be construed as
creating a partnership,joint venture or similar relationship between the City and the MCB.
9. City's Sovereign Immunity
No provision contained in this Agreement shall be construed or deemed a waiver of City's
sovereign immunity,or of the limitations set forth in Section 768.28 of the Florida Statutes.
10. Entire Agreement
This Agreement and its Exhibits represent the entire agreement between the parties. It is further
understood, and agreed to and acknowledged by MCB, that — notwithstanding and Event of
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Default under the State Contract which, if incurred, results in termination of such contract, the
MCB's liability to the City, and to the City Indemnitees, and to any other third parties shall not
in any way be limited or affected by same.
IN WITNESS WHEREOF, the City and MCB have caused this Agreement to be executed by
their respective and duly authorized officers the day and year indicated above.
CITY: MIAMI CITY BALLET:
CITY OF:MIAMI B' • CH
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Exhibit"A"
State Contract
Page 6 of 6
GRANT AWARD AGREEMENT BETWEEN
THE STATE OF FLORIDA,DEPARTMENT OF STATE
AND
Miami City Ballet,Inc
This Agreement is by and between the State of Florida,Department of State,Division of Cultural Affairs hereinafter referred to as the
"Division,"and the Miami City Ballet,Inc hereinafter referred to as the"Grantee."
The Grantee has been awarded a Cultural Facilities Grant(CSFA 45.014)by the Division,grant number 18.c. (.200.383 for the project Miami
City Ballet Renovation Phase 1.in the amount of$360,000,Funds for this grant have been appropriated in the FY 2018 General
Appropriations Act on line 3144A The Division has the authority to administer this grant in accordance with Section 265.701,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 Miami City Ballet Renovation Phase 1 project;,the public purpose for
which these funds were appropriated as described in Attachment A,Project Description.
a)The Grantee shall perform the following Scope of Work:
rn.
MCB's multi-phase capital maintenance plan includes replacement of window,roofing,flooring,and lighting systems;exterior wall
restoration;and lobby renovation.
The following building improvements will be completed with funds from the Florida State Cultural Facilities Grant and from the City of
Miami Beach by Jnme 30,2019:
R, Replacement of window system to energy efficient,Impact resistant system with Trulite aluminum framing and hurricane category three resistant
glass.
• Repair,cleaning,and painting of exterior stucco and concrete masonry walls
• Installation of modified bitumen roofing system
• Replacement of perimeter lighting that will Improve public safety,energy efficiency,and beautification efforts,and discourage use of the property
as a haven for loitering and homeless encampment
• Renewal of emergency lighting fluorescent battery packs
• Upgrade to energy-efficient LED studio lighting system
• Installation of security system to improve workplace and child safety
• Replacement of exterior door steel frames and glass
• Ventilation system for wardrobe department's dying and laundry equipment
• Replacement of studio flooring for MCB's 220-seat in-house theater
• Upgrade to new IIVAC control system will permit more precise and energy efficient temperature control
All tasks associated with the project will be performed by 6/1/2019
All project work will be completed under the supervision of a licensed architect or licensed contractor.
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 Docxtmettation Amount
The Grantee w71 Completed Application and Certificate for Payment(ALA Document G702)and
have completed at 0 Schedule of Contract Values(AIA Document G703),or its equivalent(see Appendix
1 1 ( ) t project 1)along with a Contractor's Affidavit of Completion,showing at least 30 percent $108,000
prior to payment.
(30%)of the project completed.
The Grantee wilt
Completed Application and Certificate for Payment(AiADocvment G702)and
have completed at Schedule of Contract Values(AIA Document G703),or its equivalent(see Appendix
2 2 least 60percent $108,000
1)along with a Carntractm's Affidavit of Completion,showing at least 60 percent
(60%)of the project (60%)of the project completed t,
uu+prin,rMfxa;crKent; u u 1
The Grantee will Completed Application and Certificate for Payment(AIADocument G702),Schedule
have completed at of Contract Values(AIADocumert G703),and a Certificate of Substantial
3 3 least 100 percent Completion(AIA Document G704),or its equivalent(see Appendix 1)along with a $144,000
(100%)of the project Contractor's Affidavit of Completion,showing 100 percent(100%)of the project
prior to payment completed,including all retainage amounts paid.
c)The Grantee has provided an Estimated Project Budget(which is incorporated as part of this Agreement and entitled Attachment
C).All expenditures for this agreement shall be in accordance with this budget(Attachment C).
d)Change Orders.Should grant expenditures exceed the budgeted grant amount for any work item by more than 20%,the Grantee
shall be required to submit a proposal for revision of the Project Budget with a written explanation for the reason(s)for deviation(s)
from the original Project Budget to the Division for review and written apprmral.
2. Length of Agreement.This Agreement shall begin on 7/1/2017,and shall end 6/1/2019,unless terminated in accordance with the
provisions of Section 37 of this Agreement.Contract extensions will not be granted unless Grantee is able to provide substantial written
justification and the Division approves such extension.The Grantee's written request for such extension must be submitted to the
Division no later than thirty(30)days prior to the termination date of this Agreement -
3. Contract Administration.The parties are legally bound by the requirements of this agreement Each party's contract manager,
named below,will be responsible for monitoring its performance under this Agreement,and will be the official contact for each party.
Any notice(s)or other communications in regard to this agreement shall be directed to or delivered to the other party's contract
manager by vtiliving the information below. Any change in the contact information below should be submitted in writing to the
contract manager within 10 days of the change.
For the Division of Cultural Affairs:
Ted Abstein
Florida Department of State
RA Gray Building
500 South Branough Street
Tallahassee,FL 32399
Phone:850.245.6299
Email:teriabstein@dos.myforida.cont
For the Grantee:
Contact:Michele Scanlan
Address 2200 Liberty Avenue Miami Beach,FL 33139-1641
Phone:305.929.7000
EmaO micheletmiamidtyballetorg
4. Required Information Needed with Return of Signed Agreement.Prior to the disbursement of funds,the Grantee must provide
the following with the return of the signed Agreement.
a)Signed Grant Award Agreement which details the Scope of Work and Deliverables.
b)Legal Description of the Property.The Grantee has provided and attached the legal description of the property on which the
cultural facility is or will be located,(which is incorporated as part of this Agreement and entitled Attachment B).
c)Choose to Record a Restrictive Covenant or Purchase a Surety Bond.The Grantee has provided documentation that the Restrictive
Covenant has been recorded with the Clerk of the Circuit Court of the county where the property is located,or provided a Surety
Bond.(See Section 20 and 21)
d)Corporate Nonprofit Status.The Grantee must provide a copy of the corporations'not-for-profit status and continue to maintain
its not-for-profit eligibility,as a public entity or a tax-exempt Florida corporation,for the duration of the Restrictive Covenant or
Surety Bond r;
e)Historic Preservation Review.The Grantee must submit the confirmation received from the Bureau of Historic Preservation
regarding the historical significance of the property.Applies if structures are 50 years or older.(See Section 22)
f)Submit a copy of the Grantee's Florida Substitute Farm W-9.(See Section 7)
5. Grant Payments.All grant payments are requested by submitting a payment request,Application and Certificate for Payment(AIA
Document G702)and Schedule of Contract Values(AIADocu ment 6703)or its equivalent along with a Contractor's Affidavit of
Completion.The total grant award shall not exceed$360,000,which shall be paid by the Division in ccrosideraticat for the Grantee's
minimum performance as set forth by the terms and conditions of this Agreement The grant payment schedule is outlined below:
a)The first payment will be 30 percent(30%)of the grant award.Payment will be made in accordance with the completion of the
Deliverables and performance measures.
b)The second payment will be 30 percent(30%)of the grant award.Payment will be made in accordance with the completion of the
Deliverables and performance measures. -
c)The third payment will be 40 percent(40%)of the grant award.Payment will be made in accordance with the completion of the
Deliverables and performance measures.
6. Electronic Payments.The Grantee can choose to use electronic funds transfer(EFT)to receive grant payments.All grantees wishing to
receive their award through electronic funds transfer must submit a Direct Deposit Authorization farm to the Florida Department of
Financial Services.If EFI'has already been set up for your organization,you do not need to submit another authorization form unless
you have changed bank accounts.To download this form visit••e•• .... I;ur:. a ,-�1�►/ysit . ./'•,•pq ./a -
26E.pdf.This page also includes tools and information that allowyou to check an payments.
7. 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 and other related information in order toaccurate tax information to the Internal Revenue Service
(IRS).To register or access a Florida Substitute Form W-9 visit Jnttpxl/Avenel.myfloridacfo.com/.A copy of the Grantee's Florida
Substitute Form W-9 must be submitted with the executed Agreement.
8. Amendment to Contract.Either party may request modification of the provisions of this Agreement by submitting a Change
Request form to the Division.Changes which are agreed upon shall be valid only when in writing,signed by each of the parties,and
attached to the original of this Agreement.If changes are implemented without the Division's written approval,the organization is
subject to noncompliance,and the grant award is subject to reduction,partial,or complete refund to the State of Florida and
termination of this agreement The Change Request form is available on the Division's online grant system.
9. Financial Consequences.The Department shall apply the following financial consequences for far ate to perform the minimum level
of services required by this Agreement in accordance with Sections 215.971 and 287.058,Florida Statutes.
a)First payment will be withheld if Deliverables are not satisfactorily completed.
b)Second payment will be withheld if Deliverables are not satisfactorily completed.
c)Third payment will be withheld if Deliverables are not satisfactorily completed.
10. Encumbrance of Funds.Encumbrance Period isbetween July 1 and June 30 of the first year of the grant period,
dollars must be obligated to pay for project expenses.To encumber means to have a signed contract with an architect or contractor for
the expenditure of ail grant and matching funds.All grant funds must be encumbered under the terms of a binding contractual
agreement by Jane 30,except as allowed below.
a)Extension of Encumbrance Deadline The encumbrance deadline indicated above may be extended by written approval of the
Division. Tobe eligible for this extension,the Grantee must demonstrate to the Division that full encumbrance of grant funding and
the requited 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.
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11. Grant Reporting Requirements.The Grantee must submit the following reports to the Division.All reports on grant progress will be
submitted online through www.dosgrants.com.
a)First Project Progress Report is due by January 31,for the period ending December 31(first year of the Grant Period). '
b)Second Project Progress Report is due by July 31,for the period ending June 30(first year of the Grant Period).
c)Third Project Progress Report is due by January 31,for the period ending December 31(second year of the Grant
Period).
d)Final Report,The Grantee must submit a Final Report with photos of completed project to the Division by July 15
(second year of the Grant Period).
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j)Reimbursement of costs that are paid prior to the execution of the Grant Award Agreement or outside the dates stated in the grant
award agreement
k)Also refer to Section 216.348,Florida Statutes,Fixed capital outlay grants and aids to certain nonprofit entities.
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:Teri Abstain.Division of
Cultural Affairs,500 South Bronough Street Tallahassee,FL 32399.In accordance with Section 215.34(2),Florida Statutes,if a check or
other draft is returned to the Department for collection,Recipient shall pay to the Department a service fee of$15 or five percent(5°%)of
the face amount of the returned check or draft,whichever is greater.
19. Unrestricted Use and Access.The Grantee must maintain Unrestricted Use of the land and buildings associated with the Cultural
Facility for a minimum of 10 years following the Grant Award(Grant Award means the date an which the Grant Award Agreement is
fully executed).
a)Lease of Land and Buildings.If the land and buildings are leased,the Division may,from time to time,require certification
from the Grantee or the property owner that the lease is in full force and effect,that it has not been modified or terminated,and that
the Grantee is not in default of the lease(or in the case of an owner,documentation of ownership is required). Failure to provide
such certification will constitute a default hereunder,which will give the Division the right to terminate this Agreement and demand
the return of all or a part of any funds already delivered,and/or to withhold funds from subsequent grants.
b)Retaining Ownership of Land and Buildings.The owner of land and building(s)must retain ownership of the land and
buildings,along with improvements made to the land and building(s),for at least 10 years following the Grant Award.
20. Restrictive Covenant.If the Grantee chooses to record a Restrictive Covenant and the facility ceases to be used as a"Cultural Facility"
during the ten(10)years following the Grant Award,the grant funds must be repaid to the Division acoording to the Restrictive
Covenant Amortization Schedule(incorporated into this Agreement and attached as Attachment D).
21. Surety Bond instead of a Restrictive Covenant.If a Surety Bond is selected by the Grantee and the facility ceases to be used as a
"Cultural Facility"during the ten(10)years following the Grant Award,the grant funds must be repaid to the Division according to the
Surety Bond Amortization Schedule(incorporated into this Agreement and attached as Attachment E).
22. Historic Preservation Review.If the faclity.that is being renovated with state findsis fifty(50)years old or older,then in accordance
with Section 267.061(2)(a)and(b),Florida Statutes,the Grantee must submit information about the grant project to the Division of
Historical Resources,Bureau of Historic Preservation("Bureau"),so that it may determine whether the project has historic significance.
Should the Bureau deem the facility to have historic significance,grant funds may only be released after the Bureau notifies the
Division,in writing,that the Grantee has satisfied the Bureau's requirements. If the facility isnot deemed to be of historic significance,
grant funds will be released to Grantee in accordance with Section 5 of this Agreement
23. Fortuitous Finds.In the event of unexpected discoveries during ground disturbing activities within the project area:
a)If prehistoric or historic artifacts,such as pottery or ceramics,projectile points,dugout canoes,metal implements,historic building `
materials,or any other physical remains that could be associated with Native American,early European,or American settlement are
encountered at any time within the project site area,the project shall cease all activities involving subsurface disturbance in the
immediate vicinity of the discovery.The applicant shall contact the Florida Department of State,Division of Historical Resources,
Compliance Review Section,at(850)-245-6333. Project activities shall not resume without verbal and/or written authorization.
b)In the event that unmarked human remains are encountered during permitted activities,all work shall stop immediately and the
proper authorities notified in accordance with Section 872.05,Florida Statutes.
24. Single Audit Ad.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 F for additional information regarding this requirement.
25. 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 ten(10)years after the dose out of the grant.If any
litigation or audit is initiated,or claim made,before the expiration of the ten-year period,the records shall be retained until the
litigation,,audit,or claim has been resolved.Retention period shall match the ten(10)year Restrictive Covenant or Surety Bond period.
26. Obligation to Provide State Access to Grant Records.The Grantee must make all grant records of expenditures,copies of reports,
books,and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at
reasonable times for the purpose of making audits,examinations,excerpts,and transcripts.
27. Obligation to Provide Public Access to Grant Records.The Division reserves the right to unilaterally cancel this Agreement in the
event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the
provisions of Chapter 119,Florida Statutes,known as the Florida Public Records Act. The Grantee must immediately contact the
Division's Contract Manager for assistance if it receives a public records request related to this Agreement
28. Noncompliance with Grant Requirements.Any applicant that has not submitted required reports or satisfied other administrative
requirements for other Division of Cultural Affairs grants or grants from any other Office of Cultural,Historical,and Infomnation
Programs(OCHIP)Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. (OCHIP)
Divisions include the Division of Cultural Affairs,the Division of Historical Resources,and the Division of Library and Information
Services.)Grant compliance issues must be resolved before a grant award agreement maybe executed,and before grant payments for
any OCHIP grant may be released.
29. Accounting Requirements.The Grantee must maintain an accounting system that provides a complete record of the use of all grant
funds as follows:
a)The accounting system must be able to specifically identify and provide audit trails that trace the receipt,maintenance,and
expenditure of state funds;
b)Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and
identify grant finds by using the same budget categories that were approved in the grant application.If Grantee's accounting
system accumulates lates 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 instituticanney be used for revenues and
expenses described in the Scope of Work and detailed in the Estimated Project Budget
d)The name of the account(s)must include the grant award number;
e)The Grantee's accounting records must have effective control over and accountability for all funds,property,and other assets;and
f)Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre-audit and
post-audit(such as invoices,bills,and canceled checks).
30. 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. In the event that the state 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 expended 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.
31. Independent Contractor Status of Grantee.The Grantee,if not a state agreesthat its officers,agents gents 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.
32. Grantee's Subcontractors.The Grantee shall bele for all work
r+espo�risib 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 subcontractors)for any expenses or liabilities incurred under the Grantee's
subcontract(s),and the Grantee shall be solely liable to its subcontractor(s)for all expenses and liabilities incurred under its
subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be"independent
contractors"and will not be considered or permitted to be an agents,servants,joint venturers,or partners of the Division.
33. liability.The Division will not assume any liability for the acts,missions 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 shall
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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 this 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;provided that such subcontract has been approved in writing by the Department prior to its execution;
and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or
liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities
incurred under the subcontract
34. Strict Compliance with Laws.The Grantee shall perform all acts required ed by this Agreement in strict conformity with all applicable
laws and regulations of the local,state and federal law.
35. No Discrimination.The Grantee may not discriminate against any employee employed under this Agreement;,or against any
applicant for employment because of race,religion,gender,national origin,age,handicap or marital status. The Grantee shall insert a
similar provision in all of its subcontracts for services under this Agreement
36. 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
37. Termination of Agreement.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 far 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.
38. Preservation of Remedies.No delay or omission to exercise any right,power,or remedy accruing to either party upon breach or
violation by either party under this Agreement,shall impair any such right,power or remedy of either party;nor shall such delay or
omission be construed as a waiver of any such breach or default,or any similar breach or default
39. Non-Assignment of Agreement.The Grantee may not assign,sublicense nor otherwise transfer its rights,duties or obligations under
this Agreement without the prior written consent of the Division,which consent shall not unreasonably be withheld. The agreement
transferee must demonstrate compliance with the requirements of the project If the Division approves a transfer of the Grantee's
obligations,the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the
event the Legislature transfers the rights,duties,and obligations of the Division to another governmental entity pursuant to Section
20.06,Florida Statutes,or otherwise,the rights,duties,and obligations under this Agreement shall be transferred to the successor
governmental agency as if it was the original party to this Agreement
40. Required Procurement Procedures for Obtaining Goods and Services.The Grantee shall provide maximum open competition
when procuring goods and services related to the grant-assisted project in accordance with Section 287.057,Florida Statutes.
41. Conflicts of Interest.The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections
112.311 through 112.326,Florida Statutes,and affirms that it will not enter into or maintain a business or other relationship with any
employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the
General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State
Employee to avoid a potential violation of those statutes.
42. Binding of Successors.This Agreement shall bind the successors,assigns and legal representatives of the Grantee and of any legal
entity that succeeds to the obligations of the Division of Cultural Affairs.
43. No Employment of Unauthorized Aliens.The employment of unauthorized aliens by the Grantee is considered a violation of
Section 274A(a)of the Immigration and Nationality Act If the Grantee knowingly employs unauthorized aliens,such violation shall
be cause for unilateral cancellation of this Agreement. �'
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In acknowledgment of Grant Number 18.c.cf.200.383
provided for from funds appropriated in the FY 2018 General App•I1 riation . in the amount of$360,000,I hereby certify that
I have read this entire Agreement,and will comply with ..•of .vire.i A .
,¢ ,_-Gran /
Department of State B• ./ _//,
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By: -/' "y I I • Official forth•Grantee
Sandy Shaughnessy,Division ' Michael Tiknls,Interim Executive Director
_t_1ll/?.la_ /APrint at d tke
Witness r.jft .if .al c
///27/2-0/7 . • if
Date August 10,2017
Date
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ATTACHMENT A
Project Description
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Attachment A
Project Description
Cultural Facilities grant funds and match dollars will support MCB's multi-phase project to
preserve the integrity of our three-story,63,000 sq. ft building's structure,ensuring its long-term
sustainability as a state-of-the-art center for dance and the arts; enhancing its functionality; and
improving our ability to fulfill our mission of creating dance and arts education programs that
reach the highest levels of excellence.The project is planned to span a period of five years.
Phase 1—slated to take place in the years 2017-2019—will address immediate needs to replace
the building's dated and leaking window system,repair the building's exterior walls,and install a
modified bitumen roofing system.
The facility's current windows and frames have withstood 16 years of wear,leading to leaks and
damage to studio and other floors, as well as mold growth. The new impact resistant system and
aluminum framing will meet the Standards of Miami-Dade County(NOA)and Florida Building
Code(FBC),allowing the window system to withstand the region's high velocity wind forces.
This updated technology will also address health hazards presented by mold growth and provide
environmental benefits:the impact resistant laminated glass will improve energy efficiency,
reducing heat gain in the summer months and minor heat loss in the winter months.
Our facility's exterior walls are long overdue for repair,cleaning and refreshed paint.In April
2016,The New York Times wrote,"Two blocks from the beach,overlooking a small patch of
green,the home of Miami City Ballet rises like the prow of an ocean liner,all gleaming white
curves."The building is an icon of South Beach's Collins Park neighborhood,and it is imperative
that MCB continue to maintain it as such.The restoration will repair hairline cracking in the
exterior stucco,limestone,and concrete masonry walls,serving as a preventative measure to
preserve the building's original structure.
A new modified bitumen roofing system will prolong the life of the building's roof by up to 20
years.At the core of this system is a resilient non-woven polyester mat coated with weather
resistant,impervious asphalt with reflective qualities,which will contribute to a more energy
efficient building.
Additional Phase 1 projects include: emergency lighting battery pack renewal,energy efficient
studio lighting, state-of-the-art security entry system to protect employees and the hundreds of
children who visit our facility on a daily basis, enhanced perimeter lighting,architectural
drawings and service,replacement of exterior door frames and windows with impact resistant
glass,new ventilation system for wardrobe dying and laundry,replacement of studio flooring,
and HVAC control system upgrade.
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ATTAINT B
A1TACH LEGAL DESCRIPTION OF PROPERlY
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Attachment B
Legal Description of Property
23-26-27 34 53 42
MIAMI BEACH IMP CO SUB PB 5-7
LOTS 1 THRU 4 LESS N10FT OF
LOTS 1 &3&LOTS 6-8& 10 BLK 1
LOT SIZE 47550
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ATTACHMENT C
Estimated Project Budget
'Grants Cash In Kind
Budget Category Funds Match Match Description
•
Architectural Services $0 $90,000 $0 Architectural Design
Electrical $30,000 $15,000 $0 Emergency Battery Pack Lights Renewal
Electrical $113,000 $0 $0 Perimeter Lighting
General Requirements $0 $65,000 $0 Project Management
Masonry $0 $50,000 $0Repair,dean,and painting of exterior stucco and concrete masonry
walls
Doors and Windows $0 $330,000 $0 Replace Energy Efficient and Impact Resistant Windows
Finishes $117,500 $0 $0Replace Flooring in Theater,Rehearal and Dance Class Studios
Thermal and Moisture
Protection $0 $160,000 $ORoof:Modified Biumen Renewal
Electrical $9,000 $0 $0 Security System
Electrical $68,000 $0 $0 Theater Studio Lighting
Mechanical $20,000 $10,000 • $0 Upgrade HVAC Control System
Specialties $2,500 $0 $0 Vent System for Dying and Laundry
Totals: $360,000 $720,000 $0,
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ATTACHMENT D
Restrictive Covenant Provisions and Amortization Schedule
1. If the Grantee chooses to record a Restrictive Covenant,the Grantee,and the property owner(s)(if the land or buildings or both are
leased by the grantee),shall execute and file a Restrictive Covenant with the Clerk of the Circuit Court in the county where the property
is located,prior to the date that the agreement is executed.
2. The Restrictive Covenant shall include the following provisions
a)That the Restrictive Covenant shall run with title to the building(s)and the associated land and improvements funded by the
grant,shall encumber them,and shall be binding upon the Grantee(and the owner(s),if different person(s),and the successors in
interest),for(10)ten years from the Grant Award.
b)The owner(s)of the improvements made to the buildings)and associated land,funded in whole or in part by grant funds,must
also execute the Restrictive Covenant
c)The Grantee(and owners,if different persons)shall permit the Division to inspect the Cultural Facility and associated land at all
reasonable times to determine whether the Grantee is in compliance with the Grant Award Agreement and the Restrictive Covenant
d)The Grantee must maintain the building(s)as a"Cultural Facility."For the purposes of this program,a"Cultural Facility"is
defined as a building which shall be used primarily for the programming,production,presentation,exhibition or any combination
of the foregoing for any of the cultural disciplines listed in Section 265.283(7),Florida Statutes. These disciplines include,but are not
limited to music,dance,theatre,creative writing,literature,architecture,painting,sculpture,folk arts,photography,crafts,media
arts,visual arts,programs of museums,and other such allied,major art forms.
e)The Restrictive Covenant shall also contain the following amortization schedule for repayment of grant funds,should the Grantee
or owners or their successors in interest violate the Restrictive Covenant
a.If the violation occurs within five(5)years following the Grant Award,100%of the grant amount;
b.If the violation occurs more than five(5)but less than six(6)years following the Grant Award,80%of the grant amount;
c.If the violation occurs more than six(6)but less than seven(7)years following the Grant Award,65%of the grant amount;
d.If the violation occurs more than seven(7)but less than eight(8)years following the Grant Award,50%of the grant amount;
e.If the violation occurs more than eight(8)but less than nine(9)years following the Grant Award,35%of the grant amount;
and
f.If the violation occurs more than nine(9)but less than ten(10)years following the Grant Award,20%of the grant amount
f)Other provisions as agreed upon by the Division and the Grantee.
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ATTACHMENT E
Surety Bond and Amortization Schedule
1. Any Grantee entering into a Grant Award Agreement with the Division for the acquisition,renovation,or construction of a Cultural
Facility that chooses not to record a Restrictive Covenant must purchase a 10-year Surety Bond.
2. A certified copy of the Bond Agreement must be provided to the Division prior to the execution of the Grant Award Agreement.
3. The BondAgreement must:
a)Provide that the facility described in Attachment A Scope of Work,incorporated by reference in the Grant Award Agreement
will be used as a"Cultural Facility"for(10)ten years following the Grant Award;A Cultural Facility means a building which shall
be used primarily for the programming,production,presentation,exhibition or any combination of the above functions of any of
the arts and cultural disciplines defined in s.265.283(7),F.S.These disciplines include,but are not limited to musk,dance;theatre,
creative writing,literature,architecture,painting,sculpture,folk arts,photography,crafts,media arts,visual arts,programs of
museums,and other such allied,major art forms.
b)Be purchased from a surety insurer authorized to do business in the Florida as a Surety;
c)Provide that there will be a violation of the Bond Agreement if the facility ceases to be used as a"Cultural Facility"as required by
Section 265.701(4),Florida Statutes,within 10 years following the Grant Award,and that the surety insurer must immediately repay
funds to the Division,pursuant to the fallowing amortization schedule:
1.If the violation occurs within three(3)years following the Grant Award,100%of the grant amount;
. 2.If the violation occurs more than three(3)but less than four(4)years following the Grant Award,80%of the grant amount;
3.If the violation occurs more than four(4)but less than five(5)years following the Grant Award,70%of the grant amount;
4.If the violation occurs more than five(5)but less than six(6)years following the Grant Award,60%of the grant amount;
5.If the violation occurs more than six(6)but less than seven(7)years following the Grant Award,50%of the grant amount;
6.If the violation occurs more than seven(7)but less than eight(8)years following the Grant Award,40%of the grant amount;
7.If the violation occurs more than eight(8)but less than nine(9)years following the Grant Award,30%of the grant amount
8.If the violation occurs more than nine(9)but less than ten(10)years following the Grant Award,20%of the grant amount.
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ATTACIiMENT F
FEDERAL AND STATE OF FLORIDA SINGLE AUDIT ACT REQUIREMENTS
AUDIT REQUIREMENTS
The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the
Department of State as described in this Addendum to the Grant Award Agreement.
Monitoring
In addition to reviews of audits conducted in accordance with 2 CFR 200.501 Section 215.97,Florida Statutes,monitoring procedures may
include,but not be limited to,on-site visits by Department of State staff,limited scope audits as defined by 2 CFR 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 appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is
appropriate,the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient
regarding such audit The recipient further agrees to comply and cooperate with any inspection reviews,investigations,or audits deemed
necessary by the Chief Financial Officer or Auditor GeneraL
AUDITS
PART I: FEDERALLY FUNDED
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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 reused.
1. In the event that the recipient expends$750,000 for fiscal years ending after December 31,2014 or more during the non-Federal entity's I`:
fiscal year in 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 200.502. An
audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 C:FR 200.514,as revised,w0l meet the
requirement of this part.
2. In connection with the audit requirements addressed in Part l;,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(ie.,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 officials 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 wane eo r gov
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(i),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 June 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 EXEIIBTT i 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 finanrial 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 Il.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 kr-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 previsions 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(i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other than State entities).
The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the
interpretation of compliance issues.
State of Florida Department Financial Services(Chief Financial Officer) !'
is
,http://www.fldfs.cont/
State of Florida Legislature(Statutes,Legislation relating to the Florida Single Audit Act)http://www.leg,state.flust
f.:
PART III: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and required by PART I of this
agreement shall be submitted,when required by Section.320(d),OMB Circular A-133,as revised,by or on behalf of the recipient
directly to each of the following.
A The Department of State at each of the following addresses:
Office of Inspector General
Florida Department of State
R.A Gray Building,Room 114A 1
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,.1N47132
C.Other Federal agencies and pass-through entities in accordance with Sections.320(e)and(f),OMB Circular A-133,as revised.
2of financial packagesbyPART II of thisagreement shall be submitted byor on behalf of the recipient
Copies reporting g required
directly to each of the following:
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4.
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 323994450
.
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 10.550(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 Cin alar ='
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 W: 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.
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EXHIBIT— 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
Not applicable
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
Not applicable.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO TIISAGREEMENT CONSIST OFTHE FOLLOWING:
-MATCHING RESOURCES FOR FEDERAL PROGRAMS; .
Not applicable.
SUBJECT TO SECTION 215.27,FLORIDA STATUTES:
Florida Department of State Cultural Facilities Grants;CSFANumber 45.014.Award Amount$360,000
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT
ARE AS FOLLOWS:
The compliancerequirements of this stateproject maybe found in Part Four(State Project Compliance Requirements)of the State Projects P� roj I' �fl � } roj
Compliance Supplement located at https://apps.fldfs.com/fsaa/.
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APPENDIX 1
Schedule of Contract Values
(This form must be completed by the Contractor for the Project)
APPLICATION
PROJECT NAME: NO:
PROJECT#: APPLICATION
DATE:
CONTRACTOR PERIOD TO:
PERCENT
COMPLETE
TO DATE:
A B C D E F G H I J
ITEM DESCRIPTION SCHEDULED WORK COMPLETED MATERIALS TOTAL % BALANCE RETAINAGE
OF WORK
NO. VALUE FROM THIS PRESENTLY COMPLETED(G+C) TO (IF
PREVIOUS PERIOD FINISH VARIABLE
APPLICATION STORED AND
STORED (C RATE)
03+E) (NOT IN TO DATE
D OR E) (D+E+F)
(Fill in&break
down contract
values)
(Add any change
order(s)
descriptions)
GRAND $a $o $o $o $0 0%
TOTALS $0 $o
Contract Manager:Minimum performance requirements successfully completed and approved by:
Date
1