09/16/2015 Agreement •
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 F1503 for the project"Monroe County Cultural 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, Laws of
Florida. Funding for this grant is provided by the annual Historic 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 he used exclusively for the "Monroe County Cultural
Resource Assessment Update," the public purpose 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 File (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 I, Deliverable/Task I:
• Payment I will be cost reimbursement. Provide at least ten (10) Florida Master Site
File (FMSF) forms. including photographs and maps,and 1 sample FMSF survey log
sheet. Provide FMSF forms and survey log in hard copy and electronic formats.
Payment 2, Del iverable/Task 2:
• Payment 2 will be cost reimbursement. Provide a hard copy of the draft survey report,
including all sample FMSF forms, photographs, and maps. Survey must conform to
Chapter IA-46 Florida Administrative Code.
Gram Award ApreementlFo,m GAAa011.Eaacmi 4-2015
Chapter IA39,001 Fonda.1t:unaaame Code
Payment 3, Deliverable/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 hard
copy. At least one copy of the FMSF forms and documentation must be submitted as
digital documents on Compact Disc-Recordable(CD-R)or similar device.Survey must
conform to Chapter IA-46 Florida Administrative 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 fiscal 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 July 1, 2015, and shall end June 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: yasha.rodriguez@dos.myflorida.com
For the Grantee:
Contact: Diane E. Silvia
Address: 510 Greene Street, Kcy West, Florida 33040
Phone: 305.304.1453
Email: htkf rgbellsouth.net
4. Grant Payments. All grant payments are requested by submitting a Grants Funds Expenditure
Log. The total grant award shall not exceed $39,100 which shall be paid by the Division in
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consideration for the Grantee's minimum performance as set forth by the terms and conditions
of this Agreement. The grant payment schedule is outlined below:
a) The first payment will be cost reimbursement. Payment will be made in accordance with
the completion of Deliverable t 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 wilt 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 Form unless the organization has changed bank accounts.
To download this form visit hupr!!www.mvtlnridacfo.cote/Division!AAiForms/DFS-AI-
20E.pdf.This 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. The
Department of Financial Services(DFS)must have the correct Taxpayer Identification Number
(TIN) and other related information in order to report accurate tax information to the Internal
Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit
hall):/h+ c.tivendocmviloridacfb.con_'. A copy of the Grantee's Florida Substitute Form
W-9 must be submitted to the Division with the executed Agreement.
7. Amendment to Contract. Either party may request modification of the provisions of this
Agreement by Filing a Contract Amendment 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
help:!/ ww.dos.m vflorida.condhistorica I lgranO/forms.
8. Financial Consequences. The Department shall apply the following financial consequences
for failure to perform the minimum tevel of services required by this Agreement in accordance
with Sections 215.971 and 287.058,Florida Statutes.
a) First payment will be withheld for failure to submit a Grant Funds Expenditure Log
supporting the satisfactory completion of services as identified in the approved Scope of
Work and Deliverable I.
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 2.
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Grant Meant Agrcemmn(Form GAAOOI).Gffmke 4-2O15
Chapter IA-39 WI Florida.edwmnvrtnw 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.flheritnce.com/granis/categorie4smallmntchinf.efm.
10. 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 grant funds.This acknowledgment shall be in the form of the
following statement:
I. The activity that is the subject of this hype of publication(has been financed (in
part/entirely) with Federal tends 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 part
of the statement can be omitted.)
b) Nondiscrimination Statement. Publications and audio-visual materials must also include
the following nondiscrimination statement:
I. 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.
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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 document the completion of any deliverables/
tasks, expenses and activities that occurred during that reporting period. The project Progress
Report form is available on the Division's website at
Into://dos.mvflorida.com/historical/grants/fomis.
a) First Project Progress Report is due by October 31, 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,
20 I
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 must be a cash match. The remaining match may include in-kind
services. volunteer labor,donated materials,and additional cash.Applicants for projects located
in Rural Economic Development Initiative (RED!) counties or communities that have been
designated in accordance with Sections 288.0656 and 288.06561. Florida Satiates,may request
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llwpuv I A-39001 Florida Admmwstram'e Cale
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.
1d. Grant Completion Deadline. The grant completion deadline is June 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 can
demonstrate extenuating circumstances as described in Section 15 of this Agreement.
15. Extension of the Grant Completion Deadline. An extension of the completion date must be
requested at least thirty(30)days prior to the end of the grant period and may not exceed thirty
(30) days, unless the Grantee can clearly demonstrate extenuating circumstances. An
extenuating circumstance is one that is beyond the control of the Grantee,and one that 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
httn;//ww w.ntvfloridac fo.com/nadir/reference guide/. 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.myflorida.com/historical/grantsn;
e) Expenditures for furniture and equipment,unless specifically authorized as a part of a grant
project;
1) 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 National Historic Fresco-ration Act of 1966, as
amended through 2006.or under Section 267.031. F.S.;
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Grant Award Agreement(Form GAAGOG,Effective 1-2015
Chapter 1 6-39(MI Florida.1.6wnvrmvireo*
k) Projects which are restricted to private or exclusive participation, which shall include
restricting access on the basis of sex, race, color, religion, national origin, disability, age,
handicap,or marital status;
I) 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);
in) Vehicular circulation and parking (Exception: provision of code-requited 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 fora museum
exhibit). If special equipment is required for completion of the Project and said equipment
is included in the Scope of Work for the Project as an eligible grant expense, it shall be
rented for the grant term. If the value of special equipment is to be used as a match
contribution, the value of the match contribution shall be limited to the cost of rental for
the grant period at the market rate For such rental in the region.
17. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971,
Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated
funds which has been advanced or paid to the Grantee. In addition,funds paid in 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: Grant Gelhardt, Division of
Historical Resources, 500 South Bronough Street Tallahassee, FL 32399. In accordance with
Section 215.34(2),Florida Statutes, i Fa check or other draft is returned to the Department for
collection. Grantee shall pay to the Department a service fee of SI5.00 or five percent(5%)of
the face amount of the returned check or draft,whichever is greater.
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Gana Anard Agreement(Form GAAVOq.Flrective 4-2015
Chapter I A-39.001 plooda Admmlmuere code
19. Single Audit Act. Each grantee, other than a grantee that is a State agency, shall submit to an
audit pursuant to Section 215.97, Florida Statutes. See Attachment C for additional
information regarding this requirement.
20. Retention of Accounting Records. Financial records, supporting documents, statistical
records, and all other records including electronic storage media pertinent to the Project shall
be retained for a period of five (5) years after the close out of the grant. If any litigation or
audit is initiated,or claim made,before the expiration of the five-year period,the records shall
be retained until the litigation, audit.or claim has been resolved.
21. Obligation to Provide State Access to Grant Records. The Grantee must make all grant
records of expenditures, copies of reports, books, and related documentation available to the
Division or a duly authorized representative of the State of Florida for inspection at reasonable
times for the purpose of making audits, examinations,excerpts,and transcripts.
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.
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
216.18 l(16)(b), Florida Statutes. Interest earned on such investments should be returned to
the Division quarterly, except that interest accrued less than $100 within any quarter may be
held until the next quarter when the accrued interest totals more than$100. All interest accrued
and not paid to the Division,regardless of amount, must be submitted with the Grantee's final
Progress Report at the end of the Grant Period,
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(OCH IP)Division will be in noncompliance status and subject to the OCHIP Grants
Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs, the
Division of Historical Resources,and the Division of Library and Information Services.Grant
compliance issues must be resolved before a grant award agreement may be executed, and
before grant payments for any OCHIP grant may be released.
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
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accumulates data in a different format than the one in the grant application, subsidiary
records must document and reconcile the amounts shown in the Grantee's accounting
records to those amounts reported to the Division.
c) An interest-bearing checking account or accounts in a state or federally chartered
institution may be used for revenues and expenses described in the Scope of Work and
detailed in the Estimated Project Budget.
d) The name of the account(s)must include the grant award number;
e) The Grantee's accounting records must have effective control over and accountability for
all funds, property,and other assets; and
f) Accounting records must be supported by source documentation and be in sufficient detail
to allow for a proper pre-audit and post-audit(such as invoices,bills,and canceled checks).
25.Availability of State Funds. The State of Florida's performance and obligation to pay under
this Agreement are contingent upon an annual appropriation by the Florida Legislature, or the
United States Congress in the case of a federally funded grant. In the event that the state or
federal funds upon which this Agreement is dependent are withdrawn,this Agreement will be
automatically terminated and the Division shall have no further liability to the Grantee,beyond
those amounts already released prior to the termination date. Such termination will not affect
the responsibility of the Grantee under this Agreement as to those funds previously distributed.
In the event of a state revenue shortfall,the total grant may be reduced accordingly.
26.Independent Contractor Status of Grantee. The Grantee, if not a state agency,agrees that
its officers, agents and employees, in performance of this Agreement,shall act in the capacity
of independent contractors and not as officers, agents,or employees of the state. The Grantee
is not entitled to accrue any benefits of state employment, including retirement benefits and
any other rights or privileges connected with employment by the State of Florida.
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 shall not be liable to any subcontractor(s) for any expenses or liabilities incurred
under the Grantees subcontract(s),and the Grantee shall be solely liable to its subcontractor(s)
for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the
necessary steps to ensure that each of its subcontractors will be deemed to be "independent
contractors"and will not be considered or permitted to be an agents, servants,joint ventures,
or partners of the Division.
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. The Grantee, other than
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Gram Award Agreement(Form GAAOOI h Effective 4-2015
Chapter IA-39 001 FfonS,Adam mveve Corte
a Grantee which is the State or the State's agencies or subdivisions,as defined in Section
768.28, Florida Statutes,shall indemnity 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 Stalufes, it shall only be obligated in accordance
with that Section.
b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign
immunity,or increases the limits of its liability, by entering into this Agreement.
c) The Division shall not be liable for attorney fees, interest,late charges or service fees, or
cost of collection related to this Agreement.
d) The Grantee shall be responsible for all work performed and all expenses incurred in
connection with the project. The Grantee may subcontract as necessary to ped'orm 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 under
this Agreement, or against any applicant for employment because of race, color, religion,
gender, national origin, age, handicap or marital status. The Grantee shall insert a similar
provision in all of its subcontracts for services under this Agreement.
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.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 wilt provide the Grantee a
notice of its violation by letter, and shall give the Grantee fifteen (IS)calendar days from the
date of receipt to cure its violation. If the violation is not cured within the stated period, the
Division will terminate this Agreement. The notice of violation letter shall be delivered to the
Grantee's Contract Manager, personally. or mailed to his/her specified address by a method
that provides proof of receipt. In the event that the Division terminates this Agreement,the
Grantee will be compensated for any work completed in accordance with this Agreement,prior
to the notification of termination, if the Division deems this reasonable under the
circumstances. Grant funds previously advanced and not expended on work completed in
accordance with this Agreement shall be returned to the Division, with interest, within thirty
(30) days after termination of this Agreement. The Division does not waive any of its rights
to additional damages, if grant funds are returned under this Section.
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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 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.
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 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 Staines, 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.
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 Slartries.
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 Smraies, and
affirms that it will not enter into or maintain a business or other relationship with any employee
of the Department of State that would violate those provisions. In addition,no grantee official,
employee, or consultant who is authorized in his or her official capacity to negotiate, make.
accept,approve,or take part in decisions regarding a contract, subcontract,or other agreement
in connection with a grant assisted project shall take part in any decision relating to such
contract, subcontract or other agreement in which he or she has any financial or other interest,
or in which his or her spouse, child, parent, or partner,or any organization in which he or she
is serving as an officer, director, trustee, partner, or employee of which he or she has or is
negotiating any arrangement concerning employment has such interest. Grantees shall avoid
circumstances presenting the appearance of such conflict. Furthermore, the spouse, child,
parent,or partner of an officer,director. trustee, partner, or employee of the grantee shall not
receive grant funds, unless specifically authorized in writing by the General Counsel for the
Department of State to avoid a potential violation of those statutes.
11
Grant Mum!Ageemna(Form GAA0011 Ermine J-2015
Charity/14d0001 Florida ddnmnvaare rule
37. Binding of Successors. This Agreement shall bind the successors, assigns and legal
representatives of the Grantee and of any legal entity that succeeds to the obligations of the
Division of Historical Resources.
38.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.
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 such 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 B)
d) Single Audit Act Requirements and Exhibit I(Attachment C)
12
Gnnu Morel Agreement(Form GAAW I).Eaecuve 4-2015
Clmpner IA-39,001 b/o,,da AAunnimuelry Cade
In acknowledgment of Grant Number F1503 provided from funds appropriated in the FY
2016 General Appropriation Act in the amount of$39,100,I hereby certify that I have read
this entire Agreement,and will comply with all of its requirements.
Depart f S Grantee:
By: L � lifiJ By:
R art F. Bendus, Division Director Authorizing Official for the Grantee*
IV\r"--x Typed name and title
Witness / \ Witness
/0 04 lll///
Date Date
*If the authorizing official 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,
agree to co ith all o he requirements of this Grant Agreement.
1 ` ( Danny T, knlhar/Mayor
oisuature Typed name and title
9/16/2015
Witness Date
e A.
I �, ra�rr. �` -
szi
s l HA E, MAYOR
��1'
hol. t l -
ATTEJF:AMY WC
CI4
EAK
13
Grant Award Agnemem(Form GAA001),EIT Live 4-2015
CTaptcr IA-3900I Ilonda Adnununauve Code
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 I I'onn OAAOOI A Effect.e 4-2015
Chapter IA-]41Y1i Honda.It n,,, aaene Code
ATTACHMENT B
Estimated Project Budget
Budget Description Grant Cash In- Total
Item Funds Match Kind
Number Match
I 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
Grant Awnrd Agreement On GAA0011 MIT hivei-2015
Chapter IA-39 Mt Flm'Ah,IAnutallre ee rode
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, 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§200.328, andlor other procedures. By entering into this agreement,the
recipient agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by the Department of State. In the event the Department of State determines that
a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any
additional instructions provided by the Department of State staff to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections,
reviews, investigations,or audits deemed necessary by the Chief Financial Officer or Auditor
General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization
that has received federal funds awarded through the Department of State. EXHIBIT I 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.
(h) Single audit. 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 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) Program-specific audit 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
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Grant Award Agreement{Faun(1AAWI),Lfl t"e 0.2I 15
Chapter I4.390111 Honda Admnnrnnn.c Cole
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 from 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 Federal awards expended are less 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 (FFRDC). 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 and Contractors. 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 contractors. 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 determining whether
these transactions are in compliance with Federal statutes, regulations, and the terms and
conditions of Federal awards.
(h) For profit subrecipient. 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 subrecipients.The agreement with the for-profit subrecipient 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.ecfr.uov
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Groin AwurJ Asmenam(farm GAA00I I.lilk'live 4--2015
Chapter IA-390U1 FG,nAaildmaarvaiirc code
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
1 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
I. 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
Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial
Officer; and Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 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 II,paragraph I,the recipient shall
ensure that the audit complies with the requirements of Section 215.97(7), Florida
Statutes. This includes submission of a financial reporting package as defined by Section
215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $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 Man 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 or Florida Department Financial Services(Chief Financial Officer)
www.fldfs.com/
State of Florida Legislature(Statutes, Legislation relating to the Florida Single Audit Act)
www_lea.state.fl.us/
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Grant M,ard Agreement roan GAAUUI),Gattli.e 4QU15
Chapter I A-39 W I Honda Jd n,,,n,ralrrc Cole
PART III: REPORT SUBMISSION
I. Copies of reporting packages for audits conducted in accordance with 2 CFR §200.512, and
required by PART 1 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 Department of State
R. A. Gray Building, Room I 14A
500 South Bronough St.
Tallahassee, FL 32399-0250
B. The Federal Audit Clearinghouse electronically at harvester.census.uov/sac/as designated
in 2 CFR§200.512
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§200.50I 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 I I4A
500 South Bronough St.
Tallahassee, FL 32399-0250
3. Copies of financial reporting packages required by PART II of this agreement shall be
submitted by or on behalf of the recipient directly to the following:
A. The Department of State at the following address:
Office of Inspector General
Florida Department of State
R. A. Gray Building, Room 114A
500 South Bronough St.
Tallahassee, FL 32399-0250
19
Grant At null Agracment(Farm GAA001),r]rmtire4-2015
chapter IA-39001.HortA;Adman, Cwk
B. The Auditor General's Office at the Following address:
Auditor General's Office
Room 401, Pepper Building
1 I I 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 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations),Rules of the Auditor General, as applicable.
5. Recipients, when submitting financial reporting packages to the Department of State for
audits 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 of the Auditor
General, should indicate the date that the reporting package was delivered to the recipient in
correspondence accompanying the reporting package.
PART IV: RECORD RETENTION
I. 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 Anvrd Agreement(For,GAAOII I A saeUMH-2015
Chapter I A-39 W I.Ronda AAnrintmarirc Cole
EXHIBIT I
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
$39,100
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 for Federal Awards.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO TI-US
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
Gnmt Award Agreement nbnn OAAIW 0,Elkdivx 1-2015
Chapter IA-19 OW fond .lAmmumrhe Code-
State of Florida
Chief Financial Officer
Department of Financial Services
Bureau of Accounting
200 East Gaines Street
Tallahassee, FL 32399-0354
Telephone: (850) 413-5519 Fax:(850) 413-5550
Substitute Form W-9
In order to comply with Internal Revenue Service (IRS)regulations,we require Taxpayer Identification information
that will be used to determine whether you will receive a Form 1099 for payment(s)made to you by an agency of the
State of Florida,and whether payments are subject to Federal withholding. The information provided below must
match the information that you provide to the IRS for income tax reporting. Federal law requires the State of Florida
to take backup withholding from certain future payments if you fail to provide the information requested.
Taxpayer Identification Number (FEIN): 59-6000749
IRS Name: MONROE COUNTY BOARD OF COUNTY COMMISSION
Address: PO BOX 1980
KEY WEST, FL
33041-0000
Attention Of: FINANCE DEPARTMENT
In Care Of: PAM RADLOFF
Business Designation:Government Entity
Certification Statement:
Under penalties of perjury, I certify that:
1.The number shown on this form is my correct taxpayer information AND
2.1 am not subject to backup withholding because:
(a)I am exempt from backup withholding or
(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup
withholding as a result of failure to report all interest or dividends, or
(c)the IRS has notified me that I am no longer subject to backup withholding AND
3. I am a U.S. citizen or other U.S.person (including U.S. resident alien)
Preparer's Name: PAM RADLOFF
Preparer's Title: FINANCE DIRECTOR
Phone: 305-292-3560
Emaii: PRADLOFF@MONROE-CLERK.COM
Date Submitted: 10/20/2015
Date panted from the State ofRodda Substitute Fonn W-9 Webvte:102.3/2015