Loading...
Item C131 County of Monroe The Florida Keys Commissioner David Rice BOCC District 4 9400 Overseas Highway, Suite 210 Marathon, FL 33050 PH: 30--5-289-6000 FX: 305-289-6410 BOARD OF COUNTY COMMISSIONERS Mayor Danny L. Kolhage, District I Mayor Pro l em I leather Carruthers, District 3 George Neugent, District 2 David Rice, District 4 Sylvia J. Murphy, District 5 Interoffice Memorandum Date: September 25, 2015 To: Amy Heavilin, Clerk of the Court County Clerk's Office From: Commissioner David Rice, District RE: * 20d AMENDED* NOTICE OF VOTING CONFLICT Per Florida Statute 112.3143. I hereby disclose by written memorandum that I will abstain from the vote on certain issues that are brought before the Monroe County Board of Commissioners with entities that 1 am involved with. I will abstain from the vote on issues concerning the following entities: Guidance Care Center, Inc., a private. not -for -profit entity, which receives some of its operational funding from the County, as I currently sit on the Board of Directors of the Care Center. I am also a member of the Board of the Historic Florida Keys Foundation. Inc, At the September 16, 2015 BOCC meeting, I will abstain from the vote on the follow ine item(s): NCI: Ratiflcation of contract between ,Monroe County BOCC/Monroe County Soria/ Services (Monroe County Transit) and the Community Transportation Coordinator, Guidance Care Center, Inc. for a contract period of 711120i5 to 613012016. This is a non -monetary partnership/collaboration contract required by the State of Florida Commission for the Transportation Disadvantaged NC13 ,4pproval of contract with the State of Florida, Department of State, Division of Historical Resources to fund the project ".Monroe county Cultural Resources Assessment Coate" as set forth in the application submitted by the Historical Florida Keys Foundation (HFKF). (Commissioner Rice abstained from the vote on this item at the meeting. #Ci4: Approval of an amendment to Attachment C of the Edward Byre :Memorial Justice Assistance Grant Program Funds Agreement with the GuidancelCare Center for the Women's Jail Incarceration Drug Abuse Treatment Program #CIS: Approval of an amendment to the Edward Byrne Memorial Justice Assistance Grant Program Funds Agreement with the GuidancelCare Center d/b/a The Heron Assisted Living for the Recidivism Prevention in Dually -Diagnosed Adults with Mental Illness and Substance Abuse Project to increase the award amount and to modify the federal and state purpose areas and to modify the budget narrative to reflect contractual services based on a unir cost methodology as evidenced by the grant adjustment. #C16: Ratification of gmm adjustment submission to FOLE Byrne JAG program to increase the award amount, modlf, the federal and state purpose areas and the budget nanrtive to ►effect contractual services are based on a unit cost methodology. Copy of agenda summary for the referenced item(s) is attached for documentation. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY 1 Meeting Date: Sept. 16, 20151; Department: OMB Bulk Item: X No — Staff Contact /Phone #: Laura del-oach-Hartle x 4482 AGENDA ITEM WORDING: Approval of contract with the State of Florida, Department of State, Division of Historical Resources to fund the project "Monroe County Cultural Resource Assessment Update" as set forth in the application submitted by the Historic Florida Keys Foundation (HFKF). ITEM BACKGROUND: The 14FKF has an annual agreement with Monroe County to provide development, coordination and promotion of historic preservation in Monroe County. HFKF has applied for grant funding on behalf of Monroe County and has in the past provided these services and will again perform the project management services associated with the grant. In -kind matching funds will be provided by HFKF. PREVIOUS RELEVANT BOCC ACTION: At the September 19M 2007 BOCC meeting, the Board previously approved a grant from the State of Florida, Division of Historical Resources to fund a detailed survey of historic buildings in the Tavernier Historic District. At October 171h 2014 BOCC meeting, the Board approved the current contract with HFKF. CONTRACT/AGRE EMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $ 39,100. INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY:M REVENUE PRODUCING: Yes J, APPROVED BY: County Atty DOCUMENTATION, Included DISPOSITION: Revised 7/09 SOURCE OF FUNDS: Federal/State of Florida/HFKF No X AMOUNT PER MONTH Year OMB/PurchasingOt Risk Management' Not Required AGENDAITEM # 11LqM Val I 11 -.7-Tra Contract with: Florida Div., of Historiggi Effective Date: 92A Reagj Expiration Date: 06/30/im MW 1 Contract Purpose/Description, Funds, p , Div. of Historical _Rg�jources for thM EQvided througb projegt "Monroe _Cgunty Culturpt Resourcg As$essment Upd-atg". Contract Manager: Laurgijgr .l Hartle & Diang 5ilvia (Name) Ing (Ext.) (Department) X41211 I Total Dollar Value of Contract: $39,10 Current Year Portion: 122,100 Budgeted? Yes- _X No Account Codes: 125-01538-.530490-GK15Q.1 Grant: $39,100 County Match: $0 -R*WwWw D i recto r Changezt Date In Needed YesE] Nag Risk Management I I YesEl NoEl O.M.B./Purchasing 8)�aLIA Yes[] NoEr County Attorney YesNo [:] [] Comments: OMB Form Revised 9/11195 MCP Revised 2/95 Date Out tl L 2N IV AGREEMENT BETWEEN THE STATE OF FLORIDA., DEPARTMENT OF STATE AND MONROE COUNTY F1503 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 Monroe County Government hereinafter referred to as the "Grantee." The Grantee has been awarded a Historic Preservation Small -Matching Grant (CSFA 45.031) by the Division, grant number Ft503 for the project "Monroe County Ctlturat Resource Assessment Update," in the amount of $39,100. The Division enters into this Agreement pursuant to Line Item Number 3088, contained in the 2015 — 2016 General Appropriations Act, SB 2500-A, Laths of Florida. Funding For this grant is provided by the annual I-Iistoric Preservation Fund Grant (CFDA 15.904) awarded to the Division by the Department of the Interior, National Park Service. 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: I. Grant Purpose. This grant shall be used exclusively for the "Monroe County Cultural Resource Assessment Update," the public put -pose for which these funds were appropriated. a) The Grantee shall perform the following Scope of Work: The survey project includes a re -survey and update of previously recorded archaeological sites and historic structures in unincorporated Monroe County/Florida Keys. This entails a review of resources already recorded in the Florida Master Site Fife (FMSF), a review of sites and structures not currently listed in the FMSF, the creation of a survey report, to be presented to the Monroe County Board Of County Commissioners for adoption. All tasks associated with the project, as outlined in the Project Description (See Attachment A), will be completed by June 30, 2016. b) The Grantee agrees to provide the following Deliverables and Performance Measures related to the Scope of Work for payments to be awarded. Payment 1, Deliverable/Taste € : Payment 1 will be cost reimbursement. Provide at least ten (10) Florida Master Site File (FMSF) forms, including photographs and maps, and I sample FMSF survey log sheet. Provide FNISF forms and survey log in hard copy and electronic formats. Payment 2, Deliverable/ Task 2: • Payment 2 will be cost reimbursement. Provide a hard copy of the draft survey report, including all sample FMSF fortes. photographs, and maps. Survey must conform to Chapter €A-46 Florida.Rldniinisfralive Code. Grant A%vurd Agreement (Fonn CAM01), Effective 4-2015 Chapter i A-39.00I 17nrrrkr.trlrrrurrslr'alrre Code Payment 3, Del iverable/ Task 3: ■ Payment 3 will be cost reimbursement. Provide two (2) copies of the Final survey report, including FMSF forms, photographs, and maps to the Division as final products. At least one copy of the report and all associated documents must be submitted as (lard copy. At least one copy of the FMSF Dorms and documentation must be submitted as digital documents on Compact Disc -Recordable (CD-R) or similar device. Survey must conform to Chapter IA-46 Flor•icla Administrtrlive Code. Provide minutes from the presentation on findings. c) The Grantee has provided an Estimated Project Budget based upon reasonable expenditures projected to accomplish the Grantee's Scope of Work and Deliverables for f€sea] year 2016. The Budget provides details of how grant funds will be spent (which is incorporated as part of this Agreement and entitled Attachment B). All expenditures for this agreement shall be in accordance with this budget (Attachment B), 2. Length of Agreement. This Agreement shall begin on .fully 1, 2015, and shall end dune 30, 2016. unless terminated in accordance with the provisions of Section 32 of this Agreement. Contract extensions will not be granted unless Grantee is able to provide substantial written justification and the Division approves such extension. The Grantee's written request for such extension must be submitted to the Division no later than thirty (30) days prior to the termination date of this Agreement, 3. Contract Administration. The parties are legally bound by the requirements of this Agreement. Each party's contract manager, named below, will be responsible for monitoring its performance under this Agreement, and will be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change. For the Division of Historical Resources: Yasha Rodriguez., Historic Preservation Grants Specialist Florida Department of State R.A. Gray Building 500 South Bronough Street Tallahassee, FL 32399 Phone: 850.245.6333 Email: yaslza.rodriguez@dos.my#lorida.com For the Grantee: Contact: Diane E. Silvia Address: 510 Greene Street, Key West. Florida 33040 Phone: 305.304.1453 Email: hfcf.mbe] € south. [let 4. Grant Payments. A11 grant payments are requested by subinitting a Grants Funds Expenditure Log, The total grant award shall not exceed $39,100 which shall be paid by the Division in 7 Grant Amwd Agreement (Fonn GAAOO i ), ENoivc 4-20I5 Chapter I A-39 00I. 1-lorarluve Code consideration for the Grantee's minimum performance as set forth by the terms and conditions ❑fthis Agreement. The grant payment schedule is outlined below: a) The First payment will be cost reimbursement. Payment will be made in accordance with the completion of Deliverable I and approval of the Grant Funds Expenditure Log. b) The second payment will be cost reimbursement. Payment will be made in accordance with the completion of Deliverable 2 and approval of the Grant Funds Expenditure Log. c) The third payment will be cost reimbursement. Payment will be made in accordance with the completion of Deliverable 3 and approval of the final Grant Funds Expenditure Log. 5. Electronic Payments. The Grantee can choose to use electronic funds transfer (EFT) to receive grant payments. All grantees wishing to receive their award through electronic funds transfer must submit a Direct Deposit Authorization form to the Florida Department of Financial Services. If EFT has already been set up for the organization, the Grantee does not need to submit another authorization forth unless the organization has changed bank accounts. To download this form visit llttp:114V�4►L'.ii11'l7(1rlclacfa.CotI11I�1Gtsil71l1A.�IF[7t'1715I11"-Al- 26E.1adf. `['Isis page also includes tools and information that allow you to check payment status. G. 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. Tile Department of Financial Services (DFS) €nust 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 htt):lA copy of the Grantee's Florida Substitute Form W-9 must be submitted to the Division with the executed Agreement. 7. Amendment to Contract. Either party may request modification of the provisions of this Agreement by filing a Contract Amendment Request form with the Division. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. If changes are implemented without the Division's written approval, the organization is subject to noncompliance, and the grant award is subject to reduction, partial, or complete refund to the State of Florida and termination of this agreement. The Contract Amendment Request form is available on the .Division's website at hits://,. wvjOs. inNflorida.cant/hisIoricgL/g1antsiIorn s. 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, F'lvrkla Statutes. a) First payment will be withheld for failure to submit a Grant Funds Expenditure Log supporting the satisfactory completion of services as identified in the approved Scope of Work and Deliverable 1. b) Second payment will be withheld for failure to submit a Grant Funds Expenditure Log supporting the satisfactory completion of services as identified in the approved Scope of Work and Deliverable ?, 3 Grant Award Agra mient (Form GAAUO 1), Elective 4-2015 Ckipter I A-39 OUI J;Ja idaAdministrative Code c) Third payment will be withheld for failure to submit a final Grant Funds Expenditure Log supporting the satisfactory completion of services as identified in the approved. Scope of Work and Deliverable 3. The Division shall reduce total grant funding for the Project in direct proportion to match contributions not met by the end of the Grant Period. This reduction shall be calculated by dividing the actual match amount by the required match amount indicated in the Agreement and multiplying the product by the grant award amount indicated in the Agreement. Pursuant to Section 17, Grantee shall refund to the Division any excess funds paid out prior to a reduction of total grant funding. 9. Additional Special Conditions. a) The Grantee shall submit survey and planning projects, including specifications, to the Department for review and approval prior to the execution of any contracts. b) For historical structure and archaeological survey projects, the Grantee shall follow the historic structure and archaeological survey guidelines as outlined in the documents found online at www.nherit ige.coin/grants/categories/smalimatciiing.cfni. 14. Credit Line(s) to Acknowledge Grant Funding. a) Certified Local Government projects shall include an acknowledgment of National Park Service support in connection with the publication or dissemination of any printed, audio- visual, or electronic material based on, or developed under, any activity supported by Historic Preservation Fund giant funds. This acknowledgment shall be in the form of the following statement: The activity that is the subject of this a ofpublication[ has been financed [in part/entirely] with Federal funds from the National Park Service, U.S. Department of the Interior. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior. (Note that only relevant portions of the required statement need to be applied, and should be used as appropriate depending on the content of the publication; e.g., if there are no commercial products, then that pall of the statement can be omitted.) b) Nondiscrimination Statement. Publications and audio-visual materials must also include the following nondiscrimination statement: 1. This program receives federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Department of the Interior prohibits discrimination on the basis of race, color•. national origin, disability, or age in 'its federally assisted programs. 4 Grant Award Agreement (Form GAMY)I ]. E fi!cuve 4-2015 Chapter 1 A-39.001 Florida ,kJminatratrve Code If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: Office of Equal Opportunity National Park Service 1849 C Street, N.W. Washington, D.C. 20240 11. Encumbrance of Funds. The Grantee shall execute a binding contract for at least a part of the Scope of Work by September 30, 2015. All grant funds must be encumbered under the terms of a binding contractual agreement by November 30, 2015, except as allowed below. a) Extension of Encumbrance Deadline: The encumbrance deadline indicated above may be extended by written approval of the Division. To be eligible for this extension, the Grantee must demonstrate to the Division that full 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. The project Progress Report shall docunent the completion of any deliverables/ tasks, expenses and activities that occurred during that reporting period. The project Progress Report form is available on the Division's website at l)ttp://dos.myflorida.com/historical/grants/fornis. a) First Project Progress Deport is due by October 3€, 2015, for the period ending September 30, 2015. b) Second Project Progress Report is due by January 31, 2016, for the period ending December 31, 2015. c) Third Project Progress Report is due by April 30, 2016, for the period ending March 31, 2016 d) Final Report. The Grantee must submit a Final Report to the Division by July 30, 2016, for the period ending June 30, 2016. 13. Matching Funds. The grantee is required to provide a 100% match. Of the required match, a minimum 25% of the match roust be a cash match. The remaining match May include in -kind services. volunteer labor, donated materials, and additional cash. Applicants for projects located in Rural Economic Development initiative (REDI) counties or communities that have been designated ill accordance with Sections 288.0656 and 288.06561, Floricla Slatiftes, may request 5 Grant A,,%wd Agreement ( Form GAA00I ), L f ecli,. e 4-?015 Chapw I A-33.001. Ffonda.4do nisrranceCode a waiver for the match amount. Additionally, Certified Local Government (CLG) projects, Main Street Start -Up Projects and Special Statewide Solicitation Projects do not require a match. 14. Grant Completion Deadline. The grant completion deadline is .tune 30, 2016. The Grant Completion Deadline is the date when all grant and matching funds have been paid out and expended in accordance with the work described in the Scope of Work, detailed in the Estimated Project Budget. If the Grantee Finds it necessary to request an extension of the Grant Completion Deadline, the extension may not exceed thirty (30) days, unless the Grantee call demonstrate extenuating circumstances as described in Section 15 of this Agreement. 15. Extension of the Grant Completion Deadline. An extension of the completion date must be requested at least thirty (30) days prior to the end of the grant period and may not exceed thirty (30) days, unless the Grantee can clearly demonstrate extenuating circumstances. An extenuating circumstance is one that is beyond the control ofthe Grantee, and one that prevents timely completion of the project such as a natural disaster, death or serious illness of the individual responsible for the completion of the project, litigation related to the project, or failure of the contractor or architect to provide the services for which they were contracted to provide. An extenuating circumstance does not include failure to read or understand the administrative requirements of a grant or failure to raise sufficient matching funds. Prior written approval is required for extensions. 16. Non -allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures, which are incorporated by reference and are available online at hup. //Nv �v.fnvfloridacfo_com/aadirlreFero nee _«uide/. In addition, the following are not allowed as grant or matching expenditures: a) Expenditures for work not included in the Scope of Work; b) Costs of goods and services not procured in accordance with procurement procedures set forth in the Agreement; c) Expenses incurred or obligated prior to or after the grant period; d) Expenditures for work not consistent with the applicable preservation standards (see .the Guidelines, which are available from the Division at http://www.dos.myflo€-ida.com/historical/grants/); e) Expenditures for furniture and equipment, unless specifically authorized as a part of a grant project; f) Expenses associated with lobbying or attempting to influence federal, state, or local legislation, the judicial branch, or any state agency; g} Private entertainment, food, beverages, plaques, awards, or gifts; h) Indirect costs; i) Project Administrative Expenditures, whether grant expenditures or match contributions, which in aggregate exceed 10% of the grant award amount; j) 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 Nalionral Historic Preser valion Act of 1966, as amended through 2006, or under Section 267.031, F.S.; 6 Grant A+mard Agrrcnmit (Form GAA001), LfTec€ne 4-2015 Chapter I A-39 001. Runde . Aedowdso-al re C& k) Projects which are restricted to private or exclusive participation, which shall include restricti jig access on the basis of sex, race, color, religion, national origin, disability, age, handicap, or marital status; l) Grantee operational support (i.e., organization salaries, travel, supplies) (Note: project - specific travel costs shall be allowed if requested in the application, included in the Project Budget and clearly demonstrated by the applicant to be essential to completion of the proposed project); m) Vehicular circulation and parking (Exception: provision of code -required handicapped parking pad); n) Sidewalks, landscape features, planting, irrigation systems and site lighting (Exception: sidewalk required to link code -required handicapped parking pad to the accessible entry, planting required to halt erosion, and limited site lighting required for security, if included in the Scope of Work); o) Capital improvements to non -historic properties (except as approved for Museum Exhibit projects); p) 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); q) Code -required accessibility improvements for religious properties; r) Insurance costs (Exception: costs for builder's risk, workers compensation and contractor's liability insurance); and s) Purchase of equipment (other than equipment incorporated as capital improvements into a historic building during restoration or rehabilitation, and equipment required for a museum exhibit). If special equipment is required for completion of the Project and said equipment is included in the Scope of Work for the Project as an eligible grant expense, it shall be rented for the grant term. If the value of special equipment is to be used as a match contribution, the value of the match contribution shall be limited to the cost of rental for the grant period at the market rate for such rental in the region. 17. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Floricla Slatutes, 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 Expenclitures. 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: Grant Gelhardt, Division of Historical Resources, 500 South Bronough Street Tallahassee, FL 32399. In accordance with Section 215.34(2), Floricla SYatietes, i Fa check or other draft is returned to the Department for collection. Grantee shall pay to the Department a service fee of $15.00 or live percent (5%) of the face amount of the returned check or draft, whichever is greater. Grant A,.uard Agreement (Form GAAUOI ], FfTective 4- 20 15 Chapter iA-39-001 Cnee 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 Ylatutes. See Attachment C for additional information regarding this requirement. 20. Retention of Accounting Records. Financial records, supporting documents, statistical records, and all other records including electronic storage media pertinent to the Project shall be retained for a period of five (5) years after the close out of the grant. If any litigation or audit is initiated, or claim made, before the expiration of the five-year period, the records shall be retained until the litigation, audit, or claim has been resolved. 21. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts, and transcripts. 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 Stalmes, known as the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager Far assistance if it receives a public records request related to this Agreement. 22. 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 215.18t(16)(b), Florida Slafutes. Interest carried 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, 23. Noncompliance with Grant Requirements. Any applicant that has not submitted required reports or satisfied other administrative requirements for other Division of Historical Resources grants or grants from any other Office of Cultural, Historical, and Information Programs (OCHIP) Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. ❑CH1P Divisions include the Division of Cultural Affairs, the Division of Historical Resources, and the Division of Library and Information Services. Grant compliance issues Must be resolved before a grant award agreement may be executed, and before grant payments for any OCI-IIP grant may be released. 24. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance, and expenditure of state funds: b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Grantee's accounting system S Grant Aw,ird Agreement (Fonn GAA00I ), L:i'iective 4-2015 Chapter l A-39,001. Florida : Idirr nuircarive Code 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 fj Accounting records must be supported by source documentation and be in sun icient detail to al tow for a proper pre -audit and post -audit (such as invoices, bills, and canceled checks). 25. Availability of State Funds. Tile State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature, or the United States Congress in the case of.a federally funded grant. In the event that the state or federal Funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further Liability to the Grantee, beyond those amounts already released prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall.. the total grant may be reduced accordingly. 26. Independent Contractor StaWS 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. 27, 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 shalt not be liable to any subcontractor(s) for any expenses or liabilities incurred tinder tine Grantee's su be ontract(s), and the Grantee shat l be solely liable to its subcontractor(s) for all expenses and liabilities incurred tinder its subcontract(s). Tine 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 ❑r perrmitted to be an agents, servants, joint ventures, or partners of the Division. 28. 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. Tile Grantee, other than Grant Award Agreemoit (form GAA001 ). Effective 4-2015 Chapter l A-39.001 Florida Admimisrratrre Code 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 ill 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. 29. 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. 30. No Discrimination. The Grantee may not discriminate against any employee employed Linder this Agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 31. 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. 32. Terminatioaj of Agreement. The Division will terizlinate 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 tenninates 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. i0 Grant A%%wd Agrument (Form CiAA0t1I ), EI%cline zl-24L5 Chapter IA-39001 FdorWa. fhWnwrarireC:ade Termination for convenience. The Division or the Grantee may terminate the grant in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two parties will agree upon the termination conditions, including the effective date, and in the cause of partial terminations, the portion to be terminated. Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to the first payment on the grant although the Department must be notified in writing, prior to cancellation. After the initial payment, the Project may be terminated, modified, or amended by the Grantee only by mutual agreement of the Grantee and the Division. Request for termination prior to completion must fully detail the reasons for the action and the proposed disposition of the uncompleted work. 33. Preservation of Remedies. No delay or ❑mission 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. 34. 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 linable 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 governmentat entity pursuant to Section 20.06, Flor•icla Statutes, or otherwise, the rights, duties, and obligations under this Agreement shall be transferred to [lie successor governmental agency as if it was the original party to this Agreement. 35. 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 Stalutes. 36. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes, and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. In addition, no grantee official, employee, or consultant who is authorized in his or her official capacity to negotiate, snake, accept, approve, or take part in decisions regarding a contract, subcontract, or other agreement in connection with a grant assisted project shall take part in any decision relating to such contract, subcontract or other agreement in which lie or she has any financial or other interest, or in which his or her spouse, child, parent, or partner, or any organization in which he or she is serving as an officer, director, trustee, partner, or employee of which lie or she has or is negotiating any arrangement concerning employment has such interest. Grantees shall avoid circumstances presenting the appearance of such conflict. Furthermore, the spouse, child, parent, or partner of an officer, director, trustee, partner, or emp€oyee ❑f the grantee shall not receive grant funds, unless specifically authorized in writing by the General Counsel for the Department of State to avoid a potential violation of those statutes. it Grant Avvurd Agreement (Yami GAA001), Effective 4-2015 Chapter 1 A-39.001 Florida /Idminisrrarrre Code 37. Binning of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the .Division of Historical Resources. 38. No Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A (a) of the M nzigr-alion and Ncrlionaliiy Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 39. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder will remain in full force and effect, and SLIC11 term or provision shall be deemed stricken. 40. Americans with Disabilities Act. All programs and Facilities related to this Agreement must meet the standards of Sections 553.501-553.513, Florida Statutes, and the Americans with Disabilities Act of 1990. 41. Governing Law. This Agreement shall be construed, performed, and enforced in all respects in accordance with the laws and rules of Florida. Venue or location For any legal action arising under this Agreement will be in Leon County, Florida. 42. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Project Description (Attachment A) c) Estimated Project Budget (Attachment 13) d) SingIe Audit Act Requirements and Exhibit I (Attachment Q 12 Grant A%. e Ag recment (Form GAAUUI ). FlfecIive 4-2U15 C [nipier 1 A-39.001. Florida Athimristranre Code In acknowledgment of Grant Number F1503 provided from funds appropriated in the ICY 2016 General Appropriation Act in the amount of $39,100, 1 hereby certify that I have read this entire Agreement, and will comply with all of its requirements. Department of State: By: Robert F. Bendus, Division Director Witness Date Grantee: By: A uthori 7. i n g 0 ffic i a I for the Grantee Typed name and title Witness Date *If the authorizing of signing above on behalf of the grantee organization is not the chief executive officer or equivalent, then another authorized official must sign below, On behalf of the governing body of the Grantee organization, I hereby acknowledge awareness of, and agree to comply with all of the requirements of this Grant Agreement. Signature ONIM! Grant Award Agreemtml (Form GAAOO I), D , fective 4-20 15 Chapter I A - 3 9 001 Florida Adownstrative Cade Typed name and title RM ATTACHMENT A Project Description The scope of work entails the re -survey and update of previously recorded archaeological sites and historic structures in unincorporated Monroe County/Florida Keys. The unincorporated area of Monroe County/Florida Keys entails the large area of the Everglades west of Dade County, and approximately 39 small areas, found mostly along the archipelago. According to the Florida Master Site File, 471 archaeological sites and 5,105 historic structures are listed in Monroe County/Florida Keys. The applicant estimates to record approximately 300 new resources and update approximately 335 resources. 14 Gram Award Agreement ffomi GAA041 ], Efiiotive 4-2015 Chapter I A-39.001 hj(wida Adinimstarrre Code ATTACHMENT B Estimated Project Budget Budget Description Grant Cash In- Total Item Funds Match Kind Number Match 1 Cultural Resource Management $39,100 $0 $0 $39,100 Consultant to complete survey 2 Grant administration and $0 $0 $2,000 $2,000 oversight TOTAL $39,100 $0 $2,000 $41.,100 15 Gran( Ao,ard Agreement [form CrAA001 ], EITectivc 3-2015 Chapter I A-34.001 FIo+'rrlr+:IrG+rr+ristrmive Corte ATTACHMENT C 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, Part 200, Subpart F -- Audit Requirements, and Section 215.97, Flor•iclu SwInles, monitoring procedures may include, but not be limited to, on -site visits by Department of State staff, limited scope audits as defined by 2 CFR §200.328, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. in the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financ€al Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable ifthe recipient is a State or focal government or a non -profit organization that has received federal funds awarded through the Department of State. EXHIBIT 1 to this attachment indicates whether federal resources have been awarded through the Department of State by this agreement. 2 CFR §200.501 Audit Requirements (a) Audit required. A non -Federal entity that expends $750,000 or more during the non -Federal entity's Fiscal year in Federal awards must have a single or program -specific audit conducted For that year in accordance with the provisions of this part. (b) Sit7gle rrudrl. A non -Federal entity that expends $750,000 or more during the non -Federal entity's fiscal year in Federal awards most have a single audit conducted in accordance with 2 CFR §200.514 Scope of audit except when it elects to have a program -specific audit conducted in accordance with paragraph (c) of this section. (c) Pr•ograin-specific airclit election, When an auditee expends Federal awards under only one Federal program (excluding R&D) and the Federal program's statutes, regulations, or the terms and conditions of the federal award do not require a financial statement audit of the auditee, the 16 Grant Aw4rd Agreement (Donn GA:'100I ), Eflectiw 4-20I5 Chapter I A-39.001 lloridrr :l rhvvnisrrarirr Code auditee may elect to have a program -specific audit conducted in accordance with 2 CFR §200.507 Program -specific audits. A program -specific audit may not be elected for R&D unless all of the Federal awards expended were received frorn the same Federal agency, or the same Federal agency and the same pass -through entity, and that Federal agency, or pass -through entity in the case of a subrecipient, approves in advance a program -specific audit. (d) Exemption when ,ederal ars?arcls expended are loss than S750, 000. A non -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). (e) Federally Funded Research and Development Centers (FI RDC). Management of an auditee that owns or operates a FFRDC may elect to treat the FFRDC as a separate entity for purposes of this part. (f) Subrecipients anti Conlf•actors. An auditee may simultaneously be a recipient, a subrecipient, and a contractor. Federal awards expended as a recipient or a subrecipient are subject to audit under this part. The payments received for goods or services provided as a contractor are not .Federal awards. Section §200.330 Subrecipient and contractor determinations should be considered in determining whether payments constitute a Federal award or a payment for goods or services provided as a contractor. (g) Compliance responsibility, for c•ontructors. In most cases, the auditee's compliance responsibility for contractors is only to ensure that the procurement, receipt, and payment for goods and services comply with Federal statutes, regulations, and the terms and conditions of Federal awards. Federal award compliance requirements normally do not pass through to contractors. However, the auditee is responsible for ensuring compliance for procurement transactions Which are structured such that the contractor is responsible for program compliance or the contractor's records must be reviewed to determine program compliance. Also, when these procurement transactions relate to a major program, the scope of the audit must include detenmining whether these transactions are in compliance with Federal statutes, regulations, and the terms and conditions of Federal awards. (h) I orpof l suhrecipieni. Since this part does not apply to for -profit subrecipients, the pass - through entity is responsible for establishing requirements, as necessary, to ensure compliance by for -profit subreeipients. The agreement with the for -profit subrecip'sent should describe applicable compliance requirements and the for -profit subrecipient's compliance responsibility. Methods to ensure compliance for Federal awards made to for -profit subrecipients may include pre -award audits, monitoring during the agreement, and post -award audits. See also §200.331 Requirements for pass -through entities. The Internet web address 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.eefr.34ov 17 Grant Am-drtl Agreement (Fomx GAAOOI ). r7Fecti4c 4-2015 Chaptcr 1A-39001 Cade 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 and has received state Funds awarded by the Department of State. EXHIBIT l to this attachment indicates whether state resources have been awarded by the Department of State by this agreement. Section 215.97 Florida Statutes Single Audit Requirements In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Slalttles; 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 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 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 11, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida �'*alutes. 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), Mules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). The Internet web addresses listed below will assist recipients in locating docurnenis referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) www.fldfs.com/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) www.le2.state.fl.usl 18 Grant Avard Agreement (Form GAAOOI ), F[I' live 4-2Ui 5 Chapter EA-39.Wl!'lorrcta:fcf+rzi+r+.rr+arireC'orfe PART III: REPORT SUBMISSION Copies of reporting; packages for audits conducted in accordance with 2 CFR §200.512, and required by PART I of this agreement shall be submitted, when required by 2 CFR §200.512, by or on behalf of the recipient directly to each of the following: A. The Department of State at the following address: Office of Inspector General Florida ❑epartrnent of State R. A. Gray Building, Room 1 14A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Federal Audit ClearinglIouse electronically at haryester.census.govlsacl as designated in 2 CFR §200.5 12 C. Other Federal agencies and pass -through entities in accordance with 2 CFR §200.513 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance 2 CFR §200.501 Audit Requirements, is not required to be submitted to the Department of State for the reasons pursuant to 2 CFR §200.501, the recipient shall submit the required written notification pursuant to 2 CFR §200.501 (d) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to the following: Office of Inspector General Florida Department of State R. A. Gray Building, Room l 14A 500 South Bronough St. Tallahassee, FL 32399-0250 Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directl to the following: A. The Department of State at the following address: Office of Inspector General Florida Department of State R. A. Gray Building, Room l 14A 500 South Bronough St. Tallahassee, FL 32399-0250 19 Grant A�,%ard Agreement ( Form GAAUUI ), Fillec:tive d-2a15 Chapter 1 A-39.001. Honda fdmims+rrrlrre Cbcle B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 11 l West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with 2 CFR, Part 200, Subpart F---Audit Requirements, Section 215.97, Florida Statutes, and Chapters t0.550 (local governmental entities) or 10.650 (nonprofit and For -profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Department of State for audits clone in accordance with 2 CFR, Part 200, Subpart F or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules ofthe 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 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, Chief Financial Officer, 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, Chief Financial Officer, or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Department of State. 20 Grant A«nrd Agreement (loan GAAOO I ), [iffeetive4-2015 Chapter I A-39.00I . Norirkrr .4d+ionstrarive Gode EXHIBIT I FEDERAL RESOURCES AWARDED TO TIME RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: $39, l 00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: As contained in 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements ["or Federal Awards. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable. SUBJECT TO SECTION 215.97. FLORIDA STATUTES: Florida Department of State Grant, CSFA Number 15.904 Award Amount: Not applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable. 21 Brant Award Agreement (Fonn GAA001 ), Effective 4-2015 Chapter 1A-39.001. FToiuhi -Idrrmrrsrrruire Code