07/10/2023 Agreement Monroe County Purchasing Policy and Procedures
COUNTY ADMINISTRATOR
Q ONTI ate of Flonda o rtment a OR CONTRAC S $104,� I�� �Q� 'q arld ceder
/
coatmet
4 h sin 100 Q03p/ /!rr /r
Division �
of Historical Resources Effective Date:
Expiration Dateand2 !
Contract Purpose/Description:
/rr o, ,,,v„ ei ./%i11o9////r !c„ riii� 2 o r f, �,a00 r!/ % cell rr%ii, p1%i /f//rir /, „�.aiai//
This; ranf shaPl be;used exdusl�{ : t the fhb Pfa eGf/Qel n �{eP}rra r/ avrltr NPodc T31stn,
i�� rr r ,� ,'f^""«wwr rr/!/ //i!//li/! r0i�/%/ �!i / r
and Pu, cly awned HIIstanc 5fru ,r tlnr r,6ra !fir F r( x +r r pn // 4 n fy14
rimicri /r„ ;i, a F/r� r�%r id ri ?ra,.,
grant fi Inds will a ps #Cf hrre sSlOn l hl�# t`td t§ erg i 4#ts ref t#evel uPc#a n Revl
„z-,,," ,,, ,, ",^;, r? �., ,ter!%.rr ,/ r,Jr,a,/fi/ r�r></ii�/rie/ r,,///�rJ,?i i�%/�✓////r rr/%ir,//!i/�%t/ii`�rrrryi//rr��i/.,�"//r "/"ii/f %p�/r/ir/ir ,�/, w� "!1 ri{gar, ,�i<nrc*,%
Guidelines 1�or Hrstorlc sftes,pry rfres,,anti�r�Chaec�i�o�lcal rE3 G�r �s wIthP IFf(e'I�avernt+ar>,I�r rr�Dls#F��#.
Contract is Original Agreement Contract Amendment/Extension
sans hnstow' � 7 / ����i//% //,t�//�1%//� l^ r r///%�i/r//i /%/�� 1/3
Renewal Contract Managerq C," „.',o�i�'/�%il �lld 0/,1 7,/1'rio �%r/, /c'%„, ,i.. /err.
CONTRACT COSTS
�' r %i�///fir
Total Dollar Value of Contract: $ �' ' Current Year Portion: $�i �,�rr
25,00Q 00
(must be$I00,000.00 or less), (if multiyear agreement then
requires BOCC approval,unless the
Budgeted? Yes No�
Grant: $25,000.00 County Match $r0 fl0
Fund/Cost Center/Spend Category: 125-ot53s-s30310-ono3s
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.)
Insurance Required: YES N NO ❑
CONTRACT REVIEW
i
Reviewer Date In
Department Head Signature: Tina Boan
0+r 2=10 i7 13.06 23 44'W
County Attorney Signature: Christine Limbert-Barrows
Risk Management Signature:
Purchasing Signature: Lisa Abreu °,202310015 3354
CMr M73 fO 7713.133S.W'00'
DqpUOMB Signature: John Quinn OWN 2 .1017162BAS 04
o.�.�oz3.fo 1r ssts.s.ano
Comments:
Revised BOCC 4/19t2023
Page 84 of 105
AGREEMENT BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF STATE
AND
Monroe County Board of County Commissioners
24.h.sm.100.003
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 Small Matching Grant by the Division, grant number 24.h.sm.100.003 for the Project
"Design Guideline Update for the Tavernier Historic District and Publicly owned Historic Structures in Unincorporated
Monroe County portions of unincorporated Monroe County,"in the amount of$25,000("Grant Award Amount"). The
Division enters into this Agreement pursuant to Line Item 3233, contained in the 2024 General Appropriations Act,
SB2500, 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"Design Guideline Update for the Tavernier Historic
District and Publicly owned Historic Structures in Unincorporated Monroe County portions of unincorporated
Monroe County,"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 hire a professional historic preservation consultant to develop/update Design
Review Guidelines for Historic sites, properties, and archaeological resources within the Tavernier Historic
District and portions of unincorporated Monroe County. Guidelines will be made available to the public via
the County's website and at Monroe County libraries.
All tasks associated with the Project shall meet the requirements set forth in this agreement.
b) The Grantee agrees to provide the following Deliverables and Performance Measures related to the
Scope of Work for payments to be awarded.
Payment Payment
# Type Deliverable Description Documentation Amount
1 Fixed Submit a copy of the professional historic One(1)copy of the $8,333
Price preservation consultant's credentials and a professional historic
project timeline to the Division for review preservation consultant's
and approval. credentials; One(1)copy of the
project timeline
Page:1
Grant Award Agreement(Form GAA001),Effective 07/2023
2 Fixed Complete and submit a copy of the One(1)electronic copy of the $8,333
Price complete and final draft design review complete and final draft design
guidelines to the Division for review and review guidelines
approval.
3 Fixed Complete and submit a copy of the final One(1) electronic and one(1) $8,334
Price design review guidelines, as well as alive hard copy of the final design
link to the guidelines on the City's website, review guidelines; Live link to
to the Division for review and approval. In the guidelines on the City's
addition, a Single Audit Form shall be website; One(1) Single Audit
completed by the Grantee and submitted Form; One(1)copy of the final
along with the Final Progress Report prior progress report; documentation
to final payment; documentation to support to support all paid expenditures
all paid expenditures including detailed including detailed paid invoices,
paid invoices, bank records, and canceled bank records, and canceled
checks. checks.
Totals $25,000
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 07/01/23, 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
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 Historical Resources:
Harley Burgis
Florida Department of State
R.A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399
Phone:850.245.6393
Page:2
Grant Award Agreement(Form GAA001),Effective 07/2023
Email:harley.burgis@dos.myflorida.com
For the Grantee:
Contact:Diane Silvia
Address: 1100 Simonton St. Room 2-216 Key West Florida 33040
Phone:
Email:hfkf@bellsouth.net
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 deliverables 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 (DFS). If EFT has already been set
up for the organization and a payment has been received at the account in the past year, the Grantee does not
need to submit another authorization form unless the organization has changed bank accounts. If the grantee has
not received a payment at the account in the past year,they should check with DFS at(850)413-5517 or e-mail at
DirectDeposit@MyFloridaCFO.com to see if their EFT request is still active. The authorization form is
accessible at httpsJ/www.myfloridaefo.com/docs-sf/accounting-and-auditing-hbraries/vendors/vendor-
relations/dfs-al-26e-direct-deposit-vendors.pdf?sfvrsn=eff128cf_16 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 ofFlorida that maybe subject to 1099 reporting.The Departirmt of Financial Services(DFS)crust have the correct Taxpayer
Identification Number(TIN)and other related information m order to report accurate tax information to the Internal Reverim Service(IRS).
To register or access a Florida Substitute Form W-9 visit flvendor.myfloridacfo.com A copy of the Grantee's Florida Substitute Form
W 9 mist 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
Page:3
Grant Award Agreement(Form GAA001),Effective 07/2023
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 or reduced 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.
Planning Projects.
1. The Grantee shall submit planning project contracts to the Division for review and approval prior to
execution. Procurement documentation supporting maximum open competition must be submitted to the
Division for review and approval upon request prior to execution of project contracts.
2. For architectural planning projects, all project work must be in compliance with the Secretary of the
Interior's Standards and Guidelines, available online at www.nps.gov/tps/standards.litm.
3. For historic structure report planning projects, all project work must be in compliance with Preservation
Brief 43, available online at httns://www.np oy/tps/how-to-presei-ve/briefs/43-historic-stnictum-
remrts.htm.
4. Planning activities on historic Religious Properties shall be limited to building exterior envelope, excluding
accessibility upgrades, and structural elements of the building.
5. 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,
Page:4
Grant Award Agreement(Form GAA001), Effective 07/2023
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 mist include a Project identification sign,with the aforementioned language,that mist be placed on site.The
ofpreparation 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 mist be subni ted to the Division as soon as it is erected.
Non-site-specific projects that produce report(s)crust include the aforementioned language in the report.
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 deliverables/tasks, expenses and activities that occurred'during that
reporting period. All reports on grant progress will be submitted online via www os,,rants.c.�1,1,1,x
a) First Project Progress Report is due by October 31, for the period ending September 30.
b) Second Project Progress Report is due by January 31, for the period ending December 31.
c) Third Project Progress Report is due by April 30, for the period ending March 31.
d) Final Report. The Grantee must submit a Final Report to the Division within one month of the Grant
Period End Date set forth in Section 2 above.
13. Matching Funds. The Grantee is required to provide a 100%match of the Grant Award Amount unless reduced
as provided in this section. 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 waiver of the
match amount. Grantees that are Certified Local Government(CLG)organizations and Main Street Program
organizations are not required to provide a match. The Grantee must submit documentation that the minimum
match requirements have been met and provide to the Division documentation evidencing expenses incurred to
comply with this requirement.
14. Grant Completion Deadline. The grant completion deadline is the end date of this Agreement set forth in
Page:5
Grant Award Agreement(Form GAA001),Effective 07/2023
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 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. 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.
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 10/20222), which are incorporated by reference and
are available online at https://www.myflolidacfo.com/docs-sVaccounting-and-auditing-hbraries/state-
agencies/reference-guide-for-state-expenditures.pdf?sfvrsn=b4cc3337_2. The following categories of
expenditures are non-allowable for expenditure of grant funds and as contributions to required match:
a) Expenditures for work not included in the Scope of Work of the executed Grant Award Agreement;
b) Costs of goods and services not procured in accordance with procurement procedures set forth in the
Grant Award Agreement, Chapter 287 of the Florida Statutes and/or Rule 60A-1.002 of the Florida
Administrative Code;
c) Costs not consistent with the gra>rt project type,as described in section V.C.2.ofthe program guidelines and as selected in the
application;
d) Expenses incurred or obligated prior to or after the Grant Period, as indicated in the Grant Award
Agreement;
e) Expenses associated with lobbying or attempting to influence Federal, State or local legislation, the judicial
branch or any state agency;
f) Expenditures for work not consistent with the applicable historic preservation standards as outlined in the
Secretary of the Interior's Guidelines available at httpsJ/www.nps.gov/tps/standards/treatment-guidehnes-
2017.pdf, standards available at https://www.nps.gov/tps/standards.htin and nps.gov/histoty/local-
law/arch—stnds_O.htm or applicable industry standards;
g) Costs for projects having as their primary purpose the fulfillment of Federal or State historic preservation
Page:6
Grant Award Agreement(Form GAA001), Effective 07/2023
regulatory requirements, including 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.;
h) 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;
i) Entertainment, food, beverages,plaques, awards or gifts;
j) Costs or value of donations or In-kind Contributions not documented in accordance with the provisions of
the Grant Award Agreement;
k) 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 staffing, marketing and
fundraising activities;
1) 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;
m) Grantee operational support(i.e., organization salaries not directly related to grant activities;travel
expenditures;per diem; or supplies);
n) Insurance costs;
o) Capital improvements to property;
p) Planning activities for the interior of Religious Properties (Exception:planning related to structural elements
of the building. 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);
q) Planning for accessibility improvements for Religious Properties;
r) 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;
s) 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
Page:7
Grant Award Agreement(Form GAA001),Effective 07/2023
cost of rental for the Grant Period at the market rate for such rental in the region;
t) Supplies that will not be consumed in use during the duration of this project;
u) 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
including facility rental fees);
v) Travel expenditures, including those of personnel responsible for items of work approved by the Division,
administrative personnel, contracted or subcontracted employees, either for purposes of work on-site or
research off-site; and
w) 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
Page:8
Grant Award Agreement(Form GAA001),Effective 07/2023
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.
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.
Page:9
Grant Award Agreement(Form GAA001),Effective 07/2023
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
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 harrnless 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. 71re Grantee and their subcontractors 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.
71ie following or a similar provision must be inserted into all of the subcontracts for services executed under this Agreement:
a. No employee or applicant for employment engaged under this Agreement may be discriminated against because ofrace,color,
Page:10
Grant Award Agreement(Form GAA001), Effective 07/2023
religion,gender,national origin,age,pregnancy,handicap or nmrital status.
32. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold
subsequent payments, and/or will terminate this agreement if the Grantee improperly expends and manages grant
funds, fails to prepare,preserve or surrender records required by this Agreement, or otherwise violates this
Agreement.
33. Termination of Agreement.
a) Termination by the Division. The Division will terminate or end this Agreement if the Grantee fails to fulfill
its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter,
and shall give the Grantee fifteen(15)calendar days from the date of receipt to cure its violation. If the
violation is not cured within the stated period, the Division will terminate this Agreement. The notice of
violation letter shall be delivered to the Grantee's Contract Manager,personally, or mailed to his/her
specified address by a method that provides proof of receipt. In the event that the Division terminates this
Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement,
prior to the notification of termination, if the Division deems this reasonable under the circumstances.
Grant funds previously advanced and not expended on work completed in accordance with this Agreement
shall be returned to the Division, with interest, within thirty(30)days after termination of this Agreement.
The Division does not waive any of its rights to additional damages, if grant funds are returned under this
Section.
b) Termination for convenience. The Division or the Grantee may terminate the grant in whole or in part when
both 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 noted 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
Page:1 l
Grant Award Agreement(Form GAA001),Effective 07/2023
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 may be requested by the Division for review and approval
prior to execution of these subcontracts.
a) The Grantee must procure all professional services (architects, conservators, historic preservation consultai
structural engineers, landscape architects,)using at least a request for qualifications, and the grantee must
solicit at least three(3)responses to their request for the service.
b) All contracts for procurement of goods and services (construction, exhibit fabrication, etc.)not included in
Section 36.a. as described above must be procured in the manner described below:
1. Procurement of Goods and Services Not Exceeding$35,000. The Grantee must use the
applicable procurement method described below:
i 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.
ii. 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 document.
2. Procurement of Goods and Services Exceeding $35,000. Goods and services costing over
$35,000 may be procured by either formal invitation to bid or request for proposals, and may be
procured by purchase order, acceptance of vendor proposals or other appropriate procurement
document.
i. Any formal competitive solicitation shall be made available simultaneously to all vendors,must
include the time and date for the receipt of bids,proposals, or replies and of the public opening,
and must include all contractual terms and conditions applicable to the procurement, and the
criteria to be used in determining acceptability and relative merit of the bid, proposal, or reply
c) State entities should follow required procedures set forth in Chapter 287, Florida Statutes and Rule 60A 1.0
of Florida Administrative Code. If the grantee is a non-state entity(local government or non-
profit organization)and has existing procurement requirements and procedures, follow the more restrictive,
as long as state requirements are still met.
37. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest
descrbed 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.
.... . .....
Page:12
Grant Award Agreement(Form GAA001), Effective 07/2023
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:13
Grant Award Agreement(Form GAA001), Effective 07/2023
In acknowledgment of this grant, provided from funds appropriated in the 2024 General Appropriation Act,I
hereby certify that I have read this entire Agreement, and will comply with all of its requirements.
Department of State: Grantee:
11
B
ByAlLotane, y A. ....
Authorizing Official for the Grantee
Al Dig',:„ton Director
Typed
n astesi, County Administrator� �„Oman �....._........._. ...
ed name and title
Ica
Date
August 8, 2023
.......
Date .....................ww��w�
rr MONROE COUNTY ATTORNEY
6Lr, r cgfi®Fro
CHRISTINE LIMEERT•EARROws
ASSISTANT COUNTY ATTORNEY
DATE _8/4(23
................
Page:14
Grant Award Agreement(Form GAA001),Effective 07/2023
ATTACHMENT A
Estimated Project Budget
Description Grant Funds Cash Match In Kind Match
Design Guidelines $25,000 $0 $0
Totals $25,000 $0 $0
Page:15
Grant Award Agreement(Form GAA001), Effective 07/2023
ATTACHMENT B
FLORIDA SINGLE AUDIT ACT REQUIREMENTS
A1JD_ rr RE UIREMEN ""
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 I,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:16
Grant Award Agreement(Form GAA001), Effective 07/2023
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 wwwecfr ;, v
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 II,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)
1I j:// .m,floridac,fo.coiiV
State of Florida Legislature(Statutes, Legislation relating to the Florida Single Audit Act)
http://www.leg.state.fl.us/
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.com/grants management system.
Page:17
Grant Award Agreement(Form GAA001), Effective 07/2023
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 submitted by or on behalf of the recipient directly to each of
the following:
A The Department of State through the httpsJ/dosgrants.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/flauditongovn 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 Requiretrients,or Chapters 10.550(local govem nental entities)and 10.650(nonprofit and for-profit organizations),Rules ofthe Auditor
General,should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package.
Part IV: Record Retention
The recipient shall retain sufficient records demonstrating its compliance with the terms of 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:18
Grant Award Agreement(Form GAA001),Effective 07/2023
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 FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Not applicable.
SUBJECT TO SECTION 215.97,FLORIDA STATUTES:
Florida Department of State Historic Preservation Grants, CSFA Number 45.031. Award Amount is $25,000.
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 littl2s:Ha.1212s.fldfs.con-1/fsaa/.
Gra�at A"!arcs Agivc°iiew (iA.A001), ➢'1`I�cirve 07/2023
Rule 1.1-ra';a 001, Florlelca.l�lr�zrrra.ctrcrtia�c� Cod(,
Page:19
Grant Award Agreement(Form GAA001),Effective 07/2023
` State of Florida
Np M l� �I ry
l Wv V W'
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:0510312018