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01/18/2023 Agreement AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND Monroe County Board of County Commissioners 23.h.se.100.044 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 Board of County Commissioners hereinafter referred to as the "Grantee." The Grantee has been awarded a Special Category Grant by the Division,grant number 23.h.sc.100.044 for the Project "Historic Monroe County Courthouse Exterior Masonry Restoration,"in the amount of$482,825 ("Grant Award Amount"). The Division enters into this Agreement pursuant to Line Item 3165A, contained in the 2023 General Appropriations Act, HB5001,Laws of Florida. The Division has the authority to administer this grant in accordance with Section 267.0617,Florida Statutes. In consideration of the mutual covenants and promises contained herein,the parties agree as follows: 1. Grant Purpose. This grant shall be used exclusively for the"Historic Monroe County Courthouse Exterior Masonry Restoration,"the public purpose for which these funds were appropriated. a) The Grantee shall perform the following Scope of Work: Grant funds will be used to facilitate repairs to the historic Monroe County Courthouse in Key West, Florida.Work items will include repair/replacement of bricks and repointing of historic mortar joints. Grant funds will also be used to hire professional contractor services;architecturaVengineering services;and architectural conservator services. All tasks associated with the Project shall meet the requirements set forth in this agreement. b) The Grantee agrees to provide the following Deliverables and Performance Measures related to the Scope of Work for payments to be awarded. # Paa meent Deliverable Description Documentation PAayment Typt 1 Fixed Provide a copy of the professional One(1)digital copy of $120,706 Price architecturallengineering consultant's professional credentials and a project timeline to the architecturallengineering Division for review and approval. consultant credentials; One(1) project timeline. Page:1 Ade IA-:39.001, Code 2 Fixed Complete and submit a completed One(1)electronic copy of a $120,706 Price Application and Certificate for Payment completed Application and (AIA Document G702)and Schedule of Certificate for Payment(AIA Contract Values (AIA Document G703), or Document G702)and Schedule their equivalents, showing at least thirty of Contract Values (AIA percent(30%)of the project completed to Document G703), or their the Division for review and approval. equivalents, showing at least thirty percent(30%)of the project completed. 3 Fixed Complete and submit a completed One(1)electronic copy of a $120,706 Price Application and Certificate for Payment completed Application and (AIA Document G702)and Schedule of Certificate for Payment(AIA Contract Values (AIA Document G703), or Document G702)and Schedule their equivalents, showing at least sixty of Contract Values (AIA percent(60%)of the project completed to Document G703), or their the Division for review and approval. equivalents, showing at least sixty percent(60%)of the project completed. ..._.. .... _.. . 4 Fixed Complete and submit an Application and One(1)copy of the completed $120,707 Price Certificate for Payment(AIA Document Application and Certificate for G702)and Schedule of Contract Values Payment(AIA Document G702) (AIA Document G703), or their and Schedule of Contract equivalents, showing at least one hundred Values (AIA Document G703), percent(100%)of the project completed, or their equivalents, showing at including all retainage amounts paid,to the least one hundred percent Division for review and approval. In (100%)of the project addition, a new/updated FMSF form for completed,including all the property and executed Restrictive retainage amounts paid; One(1) Covenants filed with the County Clerk shall ' copy of the new/updated FMSF be submitted prior to final payment. I form;One(1)copy of the Furthermore, a Single Audit Form shall be executed Restrictive Covenants completed by the Grantee and submitted filed with the County Clerk; One along with the Final Progress Report prior (1)Single Audit Form. to final payment. Totals $482,825 c) The Grantee has provided an Estimated Project Budget based upon reasonable expenditures projected to accomplish the Grantee's Scope of Work and Deliverables outlined in the Agreement. The Budget provides details of how grant and match funds will be spent. All expenditures shall be in accordance with this budget (which is incorporated as part of this Agreement and entitled Attachment A)and must be incurred during the term of this Agreement,as stated in Section 2 of this Agreement. 2. Length of Agreement. This Agreement shall begin on 07/01/22 and shall end 06/30/24,unless terminated in accordance with the provisions of Section 33 of this Agreement. Contract extensions will not be granted unless Page:2 (I-wit Award Agvenwit(Fo nni GAAOO 1),P1icc1 ve 06/2,022 kite IA-.39.0J0l. 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 and no amendment will be valid until a written amendment is signed by both parties as required in Section 7 and Section 15 of this Agreement. 3. Contract Administration. The parties are legally bound by the requirements of this Agreement. Each parry'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 parry's contract manager by utilizing the information below. Any change in the contact information below shall be submitted in writing to the contract manager within 10 days of the change. For the Division of IEstorical Resources: Nicole Hu Florida Department of State R.A. Gray Building 500 South Bronough Street Tallahassee, FL 32399 Phone:850.245.6355 Email:Nicole.Hu@dos.myflorida.com For the Grantee: Contact: Stan Thompson Address: 1100 Simonton Street, Room 2-213 Key West Florida 33040 Phone:305.292.4524 Email thompson-stan@monroecounty-fl.gov 4. Grant Payments. All grant payments are requested online via www.dosgrants.com by submitting a payment request with documentation that the deliverable has been completed. The total grant award shall not exceed the Grant Award Amount,which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth by the terms and conditions of this Agreement. Grant payment requests are not considered complete for purposes of payment until review of the deliverables for compliance with the terms and conditions of this Agreement by the appropriate Division staff is complete and approval of the deliverable given. The grant payment schedule is outlined below: a) All payments will be made in the amounts identified with the Deliverables in Section 1 of this agreement b) All payments will be made in accordance with the completion of those Deliverables. 5. Electronic Payments. The Grantee can choose to use electronic funds transfer(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. The authorization form is accessible at o�.i°�;f/? 7w�,ar �� P�,yi�r s�,p� f �.,n„a,,aj iy ijwt(A6:ZE Qn:a,Z a'IJ k,::e [where information pertaining to payment status is also available. 6. Florida Substitute Form W-9.A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services Page:3 Ck-,,u t.Aw and Agree n not iF onn(3AAOO I),Effictivc 06/2-022 Mele h4-39,001, Code (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 ;;����� , �<�ur�.as:,:,:„ua���)�r�� �Gati� �.r, r;„,��rq,/. A copy of the Grantee's Florida Substitute Form W 9 must be submitted to the Division,as required,in advance of or with the executed Agreement. 7. Amendment to Agreement.Either party may request modification of the provisions of this Agreement by contacting the Division to request an Amendment to the Contract. Changes which are agreed upon shall be valid only when in writing,signed by each of the parties,and attached to the original of this Agreement. If changes are implemented without the Division's written approval,the organization is subject to noncompliance, and the grant award is subject to reduction,partial, or complete refund to the State of Florida and termination of this agreement. 8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058,Florida Statutes. a) Any advanced funds will be returned to the State of Florida if unexpended within the first 3 months of disbursement. b) Payments will be withheld for failure to complete services as identified in the Scope of Work and Deliverables,provide documentation that the deliverable has been completed,or demonstrate the appropriate use of state funds. c) If the grantee has spent less than the Grant Award Amount in state funds to complete the Scope of Work, the final payment will be reduced by an amount equal to the difference between spent state dollars and the Grant Award Amount. d) The Division may reduce individual payments by 10% if the completed Deliverable does not meet the Secretary of the Interior's Standards and Guidelines or other industry standards applicable to the project. The Division shall reduce total grant funding for the Project in direct proportion to match contributions not met by the end of the grant period. This reduction shall be calculated by dividing the actual match amount by the required match amount indicated in the Agreement and multiplying the product by the Grant Award Amount indicated in the Agreement. Pursuant to Section 17, Grantee shall refund to the Division any excess funds paid out prior to a reduction of total grant funding. 9. Additional Special Conditions. Development Projects a) All project work must be in compliance with the Secretary of the Interior's Standards and Guidelines available online at:cv' n .,.. � .;�?.� ��xf�,.94.a.c.� ;�.rnia..1�atQ�°�,. b) The Grantee shall provide photographic documentation of the restoration activity. Guidelines regarding the photographic documentation are available online c) The Grantee and the Property Owner(s),if not the same, shall execute and file Restrictive Covenants with Page:4 t:�ai wand A ee n l(Form GAA0O1),t,;iMve 0()/2022 Beale]A-39.00/,Fleu icl a Adminis°Rmthye Code the Clerk of the Circuit Court in the county where the property is located,prior to final release of grant funds and close-out of the project. This Restrictive Covenants form is available on the Division's website d) Architectural Services 1. All projects shall require contracting for architectural/engineering services. 2. The Grantee may request a waiver of this requirement from the Division if they believe that the architecturaVengineering services are not needed for the Project. The Division shall make a recommendation to the Grantee after review of the proposed work. e) Architectural Documents and Construction Contracts The Grantee shall submit the architectural services contract to the Department for review and approval prior to final execution. In addition,pursuant to Section 267.031(5)(1), Florida Statutes,the Grantee shall submit architectural planning documents to the Department for review and approval at the following stages of development: 1. Upon completion of schematic design; 2. Upon completion of design development and outline specifications; and 3. Upon completion of 100%construction documents and project manual,prior to execution of the construction contract. f) For the construction phase of the Project, in addition to the review submissions indicated above, a copy of the construction contract must be submitted to the Department for review and approval prior to final execution. Department review and approval of said contracts shall not be construed as acceptance by or imposition upon the Department of any financial liability in connection with said contracts. g) For projects involving ground disturbance(examples include:historic building or structure relocation, grading and site work, installation of sewer and water Tines, subgrade foundation repairs or damp proofing, construction of new foundations and installation of landscape materials), the Grantee shall ensure that the following requirements are included in all contracts for architectural and engineering services: 1. Ground disturbance around historic buildings or elsewhere on the site shall be minimized,thus reducing the possibility of damage to or destruction of significant archaeological resources. 2. If an archaeological investigation of the Project site has not been completed, the architect or engineer shall contact the Department for assistance in determining the actions necessary to evaluate the potential for adverse effects of the ground disturbing activities on significant archaeological resources. 3. Significant archaeological resources shall be protected and preserved in place whenever possible. Heavy machinery shall not be allowed in areas where significant archaeological resources may be disturbed or damaged. 4. When preservation of significant archaeological resources in place is not feasible, a mitigation plan shall be developed in consultation with and approved by the Department's Compliance Review Section(contact information available online at),VWW,i IID a:: q,d. y,,.„.a„��yn). The mitigation plan shall be Page:5 ((ant.Avn,id Agmen nt (JAAOO 1),Eii'ea,tivve 06/2(.2:2 Rule IA-39.001,tdlrra~r'r0�r��ci�a�xa�i;y°`�rs���Yr,.x Code implemented under the direction of an archaeologist meeting the Secretary of the Interiors' Professional Qualification Standards for Archaeology. 5. Documentation of archaeological investigation and required mitigation actions shall be submitted to the Compliance Review Section for review and approval. This documentation shall conform to the Secretary of the Interior's Standards for Archaeological Documentation, and the reporting standards of the Compliance Review Section set forth in Chapter 1A-46,Florida Administrative Code. h) Copyright and Royalties:When publications,brochures, films, or similar materials are developed,directly or indirectly, from a program,project or activity supported by grant funds, any copyright resulting therefrom shall be held by the Florida Department of State, Division of Historical Resources. The author may arrange for copyright of such materials only after approval from the Department. Any copyright arranged for by the author shall include acknowledgment of grant assistance. As a condition of grant assistance, the grantee agrees to, and awards to the Department and,if applicable,to the Federal Government, and to its officers, agents, and employees acting within their official duties,a royalty-free, nonexclusive, and irrevocable license throughout the world for official purposes,to publish, translate,reproduce, and use all subject data or copyrightable material based on such data covered by the copyright. 10. Credit Line(s)to Acknowledge Grant Funding. Pursuant to Section 286.25,Florida Statutes,in publicizing, advertising, or describing the sponsorship of the program the Grantee shall include the following statement: a) "This project is sponsored in part by the Department of State,Division of Historical Resources and the State of Florida."Any variation in this language must receive prior approval in writing by the Division. b) All site-specific projects must include a Project identification sign,with the aforementioned language,that must be placed on site. The cost of preparation and erection of the Project identification sign are allowable project costs. Routine maintenance costs of Project signs are not allowable project costs. A photograph of the aforementioned sign must be submitted to the Division as soon as it is erected. 11. Encumbrance of Funds. The Grantee shall execute a binding contract for at least a part of the Scope of Work by September 30,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 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. b) Encumbrance Deadline Exception:For projects not involving contract services the Grantee and the Department shall consult on a case-by-case basis to develop an acceptable encumbrance schedule. 12. Grant Reporting Requirements. The Grantee must submit the following reports to the Division. All reports shall document the completion of any deliverableshasks, expenses and activities that occurred during that reporting period. All reports on grant progress will be submitted online via ,�)vm1 ds,:u �'1,�a:l.,.,r , ,,, a) First Project Progress Report is due by October 31, for the period ending September 30(first year of the Grant Period). Page:6 6rait Award A m-mit(For i.G 001),Eflixtive 06/2022 Ruh?IA-9..001, i.'odi? b) Second Project Progress Report is due by January 31, for the period ending December 31 (first year of the Grant Period). c) Third Project Progress Report is due by April 30, for the period ending March 31 (first year of the Grant Period). d) Fourth Project Progress Report is due by July 31, for the period ending June 30(first year of the Grant Period). e) Fifth Project Progress Report is due by October 31, for the period ending September 30(second year of the Grant Period). f) Sixth Project Progress Report is due by January 31, for the period ending December 31 (second year of the Grant Period). g) Seventh Project Progress Report is due by April 30, for the period ending March 31 (second year of the Grant Period). h) Final Report. The Grantee must submit a Final Report to the Division within one month of the Grant Period End Date set forth in Section 2 above. 13. Matching Funds. The Grantee is required to provide a 100%match of the Grant Award Amount. Of the required match, a minimum of 25%must be cash on hand. The remaining match may include in-kind services,volunteer labor, donated materials, and additional cash. For projects located in Rural Economic Development Initiative (REDI)counties or communities that have been designated in accordance with Sections 288.0656 and 288.06561, Florida Statutes, Grantees may request a reduction of the match amount. The Grantee must submit documentation that the minimum match requirements have been met and provide to the Division documentation evidencing expenses incurred to comply with this requirement. 14. Grant Completion Deadline. The grant completion deadline is the end date of this Agreement set forth in Section 2 above. The Grant Completion Deadline is the date when all grant and matching funds have been paid out or incurred in accordance with the work described in the Scope of Work, detailed in the Estimated Project Budget. If the Grantee finds it necessary to request an extension of the Grant Completion Deadline, an Amendment to the Agreement must be executed as per Section 7, and the stipulations in Section 15 must be met. 15. Extension of the Grant Completion Deadline.An extension of the completion date must be requested at least thirty(30)days prior to the end of the Grant Period and may not exceed 180 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. Changes to the original completion deadline shall be valid only when requested in writing, approved by the Division, and an Amendment to the Agreement has been executed by both parties and attached to the original of this Agreement. The Grantee must provide documentation that a portion of the grant funds and match contributions are encumbered and demonstrate to the satisfaction of the Division that project work is progressing at a rate such that completion is achievable within the extended Grant Period. Page:7 G'r uV, °ert'Te "r,c�r' 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 (revised 11/1/2019),which are incorporated by reference and are available online at III tp a amd�umm)dL The d i2 following categories of expenditures are non-allowable for expenditure of grant funds and as contributions to required match: a) Expenditures for work not included in the Scope of Work of the executed Grant Award Agreement; b) Costs of goods and services not procured in accordance with procurement procedures set forth in the Grant Award Agreement and Chapter 287 of the Florida Statutes; c) Expenses incurred or obligated prior to or after the Grant Period, as indicated in the Grant Award Agreement; d) Expenses associated with lobbying or attempting to influence Federal, State, or local legislation,the judicial branch,or any state agency; e) Expenditures for work not consistent with the applicable historic preservation standards as outlined in the Secretary of the Interior's Guidelines available at www.nps.gov/tps/standards/treatment-guidelines- 2017.pdf, standards available at httpV/www.nps.gov/tps/standards.htm and nps.gov/history/local- law/arch—stnds_O.htm or applicable industry standards; f) Costs for projects having as their primary purpose the fulfillment of Federal or State historic preservation regulatory requirements, specifically,costs of consultation and mitigation measures required under Section 106 of the National Historic Preservation Act of 1966, as amended, or under Section 267.031,F.S.; g) Projects directed at activities or Historic Properties that are restricted to private or exclusive participation or access,which shall include restricting access on the basis of sex,race, color,religion,national origin, disability, age,pregnancy, handicap, or marital status; h) Entertainment, food,beverages,plaques, awards, or gifts; i) Costs or value of donations or In-kind Contributions not documented in accordance with the provisions of the Grant Award Agreement; j) Indirect costs including Grantee overhead,management expenses, general operating costs and other costs that are not readily identifiable as expenditures for the materials and services required to complete the work identified in the Scope of Work in the Grant Award Agreement. Examples of indirect costs include: rent/mortgage,utilities,janitorial services, insurance, accounting, internet service,monthly expenses associated to security systems,non-grant related administrative and clerical staffmg,marketing, and fundraising activities; k) Administrative and project management expenditures such as expenditures that are directly attributable to management of the grant-assisted Project and meeting the reporting and associated requirements of the Grant Award Agreement whether grant expenditures or match contributions, which in aggregate exceed 5% of the grant award amount; Page:8 Grant Award Agreen-ed(Fonn GA A-OO 1), Effictive 06/2022 Rule.1A.-.39.001, Code 1) Grantee operational support(ie., organization salaries not directly related to grant activities;travel expenditures;per diem;or supplies); m) Insurance costs (Exception:costs for builder's risk,workers' compensation and contractor's liability insurance); n) Capital improvements to non-historic properties or non-historic additions to a Historic Property(Exception: pre-approved items of work for Museum Exhibit projects); o) Capital improvements to the interior of Religious Properties (Exception:repairs to elements of the structural system. Examples include:foundation repairs,repairs to columns, load bearing wall framing,roof framing, masonry repairs,window and exterior door repairs and restoration practices associated with the building envelope); p) Accessibility improvements for Religious Properties; q) Vehicular circulation(drives/driveways)within the property or from the property to surrounding streets and parking(Exception:provision of code-required handicapped parking pad(s)); r) Sidewalks,paths,walkways, landscape features and accessories,planting, irrigation systems and site lighting(Exceptions:historic walkways;sidewalk required to link the code-required handicapped parking pad(s)to the accessible entry;historic retaining walls/planting/sodding required to halt documented erosion; pruning,removal or relocation of trees posing an immediate threat to the historic or archaeological resource; and limited site lighting required for security, all if approved by the Division); s) Fences and gates (Exception:restoration or in-kind replacement of damaged or missing historic fences, gates or sections of these); t) Furniture, including but not limited to:desks, tables, seating, rugs and mats, artwork and decorations, window treatments, case goods (including cabinets, countertops, or bookshelves)with no historic precedent, systems' furniture, movable partitions and acoustical treatments and components, unless specific prior approval has been granted by the Division(Exception:museum display units necessary for approved Museum Exhibit projects) u) Equipment(a)including but not limited to portable sound systems, specialty fixtures and equipment,visual display units, appliances, computers, cameras,printers, scanners,projection systems,portable light fixtures, and total stations unless specific prior approval has been granted by the Division(b)If special equipment is required for completion of the Project, it shall be rented for the grant term unless it can be shown that acquiring the equipment is cheaper than renting the equipment and approval has been provided by the Division as part of the documentation presented at the time of application. If the value of special equipment is to be used as a match contribution, the value of the match contribution shall be limited to the cost of rental for the Grant Period at the market rate for such rental in the region; v) Supplies that will not be consumed in use during the duration of this project; w) Costs associated with attending or hosting conferences, summits, workshops or presentations (Exception: municipal or county required public meetings necessary for completion of the grant-assisted project); x) Travel expenditures, including those of personnel responsible for items of work approved by the Division, administrative personnel, contracted or subcontracted employees, either for purposes of work on-site or Page:9 research off-site; and y) Tuition waivers,fees, and other non-grant related costs associated with employing students for grant projects. 17. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971,Florida Statutes,the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. Further, the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must be in compliance with the laws,rules, and regulations applicable to expenditures of State funds, including, but not limited to,the Reference Guide for State Expenditures. 18. Repayment. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of the"Department of State"and mailed directly to the following address:Florida Department of State, Attention:Grants Program Supervisor, Division of Historical Resources, 500 South Bronough Street Tallahassee,FL 32399. In accordance with Section 215.34(2),Florida Statutes, if a check or other draft is returned to the Department for collection, Grantee shall pay to the Department a service fee of$15.00 or five percent(5%)of the face amount of the returned check or draft,whichever is greater. 19. Single Audit Act. Each Grantee, other than a Grantee that is a State agency, shall submit to an audit pursuant to Section 215.97,Florida Statutes. See Attachment B for additional information regarding this requirement. 20. Retention of Accounting Records. Financial records, supporting documents, statistical records, and all other records including electronic storage media pertinent to the Project shall be retained for a period of five(5)years after the close out of the grant. If any litigation or audit is initiated, or claim made,before the expiration of the five- year period, the records shall be retained until the litigation, audit, or claim has been resolved. 21. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports,books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts, and transcripts. 22. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119,Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 23. Investment of Funds Received But Not Paid Out. The Grantee may temporarily invest any or all grant funds received but not expended, in an interest bearing account pursuant to Section 216.181(16)(b),Florida Statutes. Interest earned on such investments should be returned to the Division quarterly, except that interest accrued less than$100 within any quarter may be held until the next quarter when the accrued interest totals more than$100.All interest accrued and not paid to the Division, regardless of amount,must be submitted with the Grantee's final Progress Report at the end of the Grant Period. Page:10 �G',dfru �.�..�✓"`1�1T, o.,rwe.aaXir.i Rr,r ,"'aiiXlv 24. Noncompliance with Grant Requirements.Any Grantee that has not submitted required reports or satisfied other administrative requirements for this grant or other Division of Historical Resources grants or grants from any other Florida Department of State(DOS)Division will be in noncompliance status and subject to the DOS Grants Compliance Procedure. Grant compliance issues must be resolved before a grant award agreement may be executed, and before grant payments for any DOS grant may be released. 25. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance, and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division. c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget. d) The name of the account(s)must include the grant award number; e) The Grantee's accounting records must have effective control over and accountability for all funds, property, and other assets; and 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). 26. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature, or the United States Congress in the case of a federally funded grant. In the event that the state or federal funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee, beyond those amounts already released prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 27. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents,or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 28. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s)for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s)for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the Page:11 A',,'ad ",u....;" (/0 /W necessary steps to ensure that each of its subcontractors will be deemed to be"independent contractors"and will not be considered or permitted to be agents, servants,joint ventures, or partners of the Division. 29. Liability. The Division will not assume any liability for the acts, omissions to act, or negligence of, the Grantee, its agents, servants, or employees;nor may the Grantee exclude liability for its own acts, omissions to act, or negligence, to the Division. a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death, and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees, and subcontractors. The Grantee, other than a Grantee which is the State or the State's agencies or subdivisions, as defined in Section 768.28,Florida Statutes, shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28,Florida Statutes, it shall only be obligated in accordance with that Section. b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity, or increases the limits of its liability,by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the Project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities;and provided that it is understood by the Grantee that the Division shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 30. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. 31. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement, or against any applicant for employment because of race,color,religion, gender,national origin, age, pregnancy, handicap or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 32. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments, and/or will terminate this agreement if the Grantee improperly expends and manages grant funds, fails to prepare, preserve or surrender records required by this Agreement, or otherwise violates this Agreement. 33. Termination of Agreement. a) Termination by the Division. The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter, and shall give the Grantee fifteen(15)calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of Page:12 (IF o asiG.A.'"i 01),H G1rV4:r 061'20122 violation letter shall be delivered to the Grantee's Contract Manager,personally,or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement, prior to the notification of termination,if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest,within thirty(30)days after termination of this Agreement. The Division does not waive any of its rights to additional damages, if grant funds are returned under this Section. b) Termination for convenience. The Division or the Grantee may terminate the grant in whole or in part when both 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 case of partial terminations, the portion to be terminated. c) 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. 34. 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. 35. Non-Assignment of Agreement. The Grantee may not assign, sublicense nor otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the Project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties, and obligations of the Division to another governmental entity pursuant to Section 20.06,Florida Statutes, or otherwise, the rights, duties, and obligations under this Agreement shall be transferred to the successor governmental agency as if it was the original party to this Agreement. 36. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant-assisted project. Procurement documentation supporting maximum open competition must be submitted to the Division for review and approval prior to execution of project contracts. a) Procurement of Goods and Services Not Exceeding$35,000. The Grantee must use the applicable procurement method described below: 1. Purchases Up to $2,500:Procurement of goods and services where individual purchases do not exceed$2,500 may be conducted at the Grantee's discretion using good purchasing practices in accordance with Rule 60A-1.002,Florida Administrative Code. 2. Purchases or Contract Amounts Between$2,500 and $35,000:Goods and services costing between $2,500 and$35,000 require informal competition such as written quotations and informal bids and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement Page:13 (I or,,116A/°001) 1i'fkc,fi.�06,2012 document in accordance with Rule 60A-1.002,Florida Administrative Code. b) Procurement of Goods and Services Exceeding$35,000. Goods and services costing over$35,000 may be procured by either Formal Invitation to Bid, Request for Proposals or Invitation to Negotiate and may be procured by purchase order,acceptance of vendor proposals or other appropriate procurement document in accordance with Chapter 287,Florida Statutes. 37. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326,Florida Statutes, and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes. 38. 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. 39. 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. 40. 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. 41. 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 as amended (42 U.S.C. 12101, et seq.), which is incorporated herein by reference. 42. Governing Law. This Agreement shall be construed,performed, and enforced in all respects in accordance with the laws and rules of Florida.Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. 43. Restrictive Covenants. For Acquisition and Development projects directed at Real Property, if funded,the Grantee(and the Property Owner, if not the Grantee)must file a Restrictive Covenant on the property with the Clerk of Court for ten(10)years for Development and twenty(20)for Acquisition prior to final release of grant funds and close-out of the project. 44. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Estimated Project Budget(Attachment A) c) Single Audit Act Requirements and Exhibit I(Attachment B) Page:14 a"Yr a 4 A,% ,.,rd Ap k.,,irnt(,Frsnn 6.'p<h h? tl'!1), Eficdive 06/2 022 T An'a�Pr'F Ieif trfi�.i"ddi diY€-1" ATTACHMENT A Estimated Project Budget Description Grant Funds Cash Match In Kind Match Architectural Conservator $5,000 $5,000 $0 Historic Brick Replacement $296,020 $296,020 $0 Brick Mortar Repointing $75,580 $75,580 $0 Architectural/Engineering Fees $39,337 $39,337 $0 Contractor Services $66,888 $66,888 $0 Totals $482,825 $482,825 $0 Page:16 (I i7 r n,;e"mcf Ameor me (FozrmGA,,1,001),E.E,,.crivc,06.1—�?ma l loi ,4 C .. ........... ATTACHMENT B FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDrr RE U REME�C , The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F-Audit Requirements, and section 215.97, Florida Statutes (F.S.), as revised(see AUDITS below), 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 §200.425, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures or 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 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(CFO)or Auditor General. AUDITS Part I: Federally Funded This part is applicable if the recipient is a state or local government or a nonprofit organization as defined in 2 CFR §200.90, §200.64, and §200.70. 1. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements. EXHIBIT 1 to this agreement lists the federal resources awarded through the Department of State by this agreement. In determining the federal awards expended in its fiscal year,the recipient shall consider all sources of federal awards, including federal resources received from the Department of State. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR §§200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part. 2. For the audit requirements addressed in Part 1,paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR §§200.508-512. 3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non- federal resources (i.e.,the cost of such an audit must be paid from recipient resources obtained from other than federal entities). Page:17 (Form QAA-001),Eff_cti""",0 /2O,..)) The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. U.S. Government Printing Office www.ecfr.gov Part II: State Funded This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2),F.S. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of$750,000 in any fiscal year of such recipient(for fiscal years ending June 30, 2017, and thereafter),the recipient must have a state single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.;Rule Chapter 69I- 5,F.A.C., State Financial Assistance;and Chapters 10.550(local governmental entities)and 10.650(nonprofit and for-profit organizations),Rules of the Auditor General EXHIBIT 1 to this agreement lists the 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. For the audit requirements addressed in Part H,paragraph 1, the recipient shall ensure that the audit complies with the requirements of section 215.97(8),F.S. This includes submission of a financial reporting package as defined by section 215.97(2),F.S., and Chapters 10.550(local governmental entities)and 10.650(nonprofit and for-profit organizations), Rules of the Auditor General 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal years ending June 30,2017, and thereafter), an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. If the recipient expends less than$750,000 in state financial assistance in its fiscal and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S.,the cost of the audit must be paid from the nonstate entity's resources (i.e.,the cost of such an audit must be paid from the recipient's resources obtained from other than state entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) State of Florida Legislature(Statutes, Legislation relating to the Florida Single Audit Act) Part III: Report Submission 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F-Audit Requirements, 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 through the httpsJ/dosgrants.con/grants management system. Page:18 CA'ant sward Apseawd(ll onn GAA001),Lil ctuvr,06/202-2 B. The Federal Audit Clearinghouse(FAC)as provided in 2 CFR §200.36 and §200.512. 2. Copies of financial reporting packages required by Part H of this agreement shall be subrnitted by or on behalf of the recipient directly to each ofthe fallowing A The Department of State through the https:Hdosgrants.com/grants management system. B.The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee,Florida 32399-1450 The Auditor General's website(httpsJ/flauditor.govn provides instructions for filing an electronic copy of a financial reporting package. 3. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements,or Chapters 10.550(local governmental entities)and 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. 4. Recipients,when submitting financial reporting packages to the Department of State for audits done in accordance with 2 CFR 200,Subpart F-Audit Requrcements,or Chapters 10.550(local goverr mental entities)and 10.650(nonprofit and for-profit orguim ions),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 the award(s)and 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, the CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee,the CFO, or Auditor General upon request for a period of at least three years from the date the audit report is issued,unless extended in writing by the Department of State. Page:19 (Fo ri G .11,09 !if 1h.,1,1-3 001 /"lFr (1i i1, ld.i'vdi-<"'h,,: EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCESAWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLr_.OWING: MATCIENG RESOURCES FOR FEDERAL PROGRAMS: Not applicable. SUBJECT TO SECTION 215 97,FLORIDA STATUTES: Florida Department of State Acquisition, Restoration of Historic Properties Grants, CSFA Number 45.032.Award Amount is $482,825. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The compliance requirements of this state project may be found in Part Four(State Project Compliance Requirements) of the State Projects Compliance Supplement located at Page:20 Grant Award txru im—smt(Form(3AA00 i),1'If c tive 06/2022 Rzde.,�]A—.39,001, Code `w State of Florida Chief Financial Officer Department of Financial Services r 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. 1 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 Email: PRADLOFF@MONROE-CLERK.COM Date Submitted: 10/20/2015 Date printed from the State of Florida Substitute Form W-9 Website:05/03/2018