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Backup Documents 09/08/2020 Item #16D 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 0 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#I through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Joshua Thomas, Operations Analyst Community & Human 08/06/20 Services ,�,(�2. Jennifer Belpedio County Attorney Office tpg l a,o Z) 3. BCC Office Board of County !2� (c q . 2-4)3 Commissioners ,Nt 4. Minutes and Records Clerk of Court's Office o/ 1622Vi,* PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Joshua Thomas/CHS Operations Analyst Phone Number 239-252-8989 Contact/ Department Agenda Date Item was September 8,2020 Agenda Item Number 16 D, Approved by the BCC Type of Document Small Matching Grant Agreement Number of Original 1 Attached Documents Attached PO number or account See Attached Routing Instructions number if document is _to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. Applicable) 1. Does the document require the chairman's original signature? O� JT Stamp OK if S Stamp Original is OK NOT required 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JT signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JT document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JT signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JT should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 09/08/20 and all changes made during JT /A is not an the meeting have been incorporated in the attached document. The County option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the J N/A is not an BCC,all changes directed by the BCC have been made,and the document is ready for th option fot Chairman's signature. thi :1 I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Co te-r County Public Services Department 1 6 3 Community & Human Services Division MEMO September 8, 2020 TO: BCC—Minutes & Records FROM: Joshua Thomas, Operations Analyst RE: BCC Agenda Item 16D Department of State Small Matching Grant Agreement Please stamp the Chairman's signature on the attached document and send electronically to Mr. Eric Case at the following email address: Eric.Case@dos.myflorida.com If you have any questions, please call me at: X-8989 Thank You! Community&Human Services Division•3339 Tamiami Trail East,Suite 211•Naples,Florida 34112-5361 239-252-CARE(2273)•239-252-CAFE(2233)•239-252-4230(RSVP)•www.colliergov.netlhumanservices Crystal K. Kinzel �C`c�ylT COURT�� Collier County � °-f Clerk of the Circuit Court and Comptroller 4. X 0 3315 Tamiami Trail East, Suite 102 ul A Naples, Florida 34112-5324 1 b 0 3 „ `o /Fk CouNT'?.�'°� September 11, 2020 Mr. Eric Case, Attached is the Department of State Small Matching Grant Agreement approved by the Board of County Commissioners on Tuesday, September 8, 2020. Please sign and return an emailed copy back to me at Teresa.Cannon@collierclerk.com. If you have any questions, please call at 239-252-8411. Thank you, CA0KAA.C1-4N-C4- eresa Cannon, Senior Deputy Clerk Board's Minutes & Records Department Phone-(239)252-2646 Fax-(239) 252-2755 Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com 1603 Teresa L. Cannon From: Teresa L. Cannon Sent: Friday, September 11, 2020 9:47 AM To: 'eric.case@dos.myflorida.com' Subject: Item # 16D3 from 09/08/20 BCC Meeting Attachments: Small Matching Grant Agreement.pdf Please process and email a executed copy back to me. Thank you! Teresa Cannon BMR Senior Clerk II tvt7-c orrk . Office: 239-252-8411 Fax: 239-252-8408 x Teresa.CannonPCollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County e � 11.4" 3299 Tamiami Trail E,Suite#401 ''tcn.nr, Naples, FL 34112-5746 www.CollierClerk.com 1 1603 MEMORANDUM Date: September 11, 2020 To: Joshua Thomas, Grants Support Specialist Grants Management Office From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Small Matching Grant Agreement Attached, for your records, please find a scanned copy of the document as referenced above, (Item #16D3) adopted by the Board of County Commissioners on September 8, 2020. An original has been kept by the Board's Minutes and Records Department, as part of the Board's Official Records. Per your email, Eric Case has been emailed a copy of this agreement as well. If you have any questions, please contact me at 252-8411. Thank you. Attachment 1603 AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND Collier County Board of County Commissioners 21.h.sm.300.021 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 Collier 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 21.h.sm.300.021 for the Project "Naples Depot Museum, Budd Train Car Interpretation& Digital Walk-Through,"in the amount of$47,800("Grant Award Amount"). The Division enters into this Agreement pursuant to Line Item 3148, contained in the 2021 General Appropriations Act, HB 5001, 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"Naples Depot Museum, Budd Train Car Interpretation& Digital Walk-Through,"the public purpose for which these funds were appropriated. a) The Grantee shall perform the following Scope of Work: Grant funds will be used for the design and creation of a small educational exhibit in the Naples Depot Museum, including:production and installation of a virtual tour of the Budd Train Car; design, fabrication, and installation of graphic informative panels; and curation and installation of a display of small artifacts. Grant funds will also be used for grant and project administration. 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. P# Type pment Deliverable Description Documentation Payment Amount 1 Fixed Submit one(1)copy of the professional One(1)copy of the $14,340 Price exhibit design consultant's credentials and professional exhibit design one(1)copy of the project timeline to the consultant's credentials; one(1) Division for review and approval. copy of the project timeline to the Division for review and approval. Page:1 (;rant Award Agreement(1 o011(i\A001) 04 2020 RA'Imo?-39.001, Florida 4dmoustrative(::cute C 1603 2 Fixed Provide one(1)electronic copy of the One(1)electronic copy of the $14,340 Price draft exhibit design documents and draft exhibit design documents informative text. and informative text. 3 Fixed Provide photographs of the installed One(1) set of photographs $19,120 Price exhibit and proof of installed virtual tour. demonstrating the exhibit was In addition, a Single Audit Form shall be installed;proof of working completed by the Grantee and submitted virtual tour installation; a Single along with the Final Progress Report prior Audit Form; and the Final to final payment. Progress Report. Totals $47,800 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 07/01/20, and shall end 06/30/21,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 party's contract manager, named below,will be responsible for monitoring its performance under this Agreement, and will be the official contact for each party. Any notice(s)or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below shall be submitted in writing to the contract manager within 10 days of the change. For the Division of Historical Resources: Eric Case Florida Department of State R.A. Gray Building 500 South Bronough Street Tallahassee, FL 32399 Phone: 850.245.6338 Email:eric.case@dos.myflorida.com For the Grantee: Contact:Amanda Townsend Address:3331 Tamiami Trail E Naples Florida 34112 Page:2 is;ant \ward Al recrrrrfl(1=min(i,1A0t01),Effective 04i2020 1*ttic 1, :39.001, Flood,/<lclnrirarstratiti'e Code 0 1603 Phone:239.252.7177 Emailiamandatownsend@colliergov.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 and documentation evidencing all expenses incurred in achieving the completion of the deliverable. 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. 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 http://www.myfloridacfo.com/Division/AA/Forms/DFS-A1-26E.pdf 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 (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 https://flvendor.myfloridacfo.com/. 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. Page:3 Grant Award Agreerrrrit(1'ot1TS(:3AA001),Effective 04 2020 1?uk IA-39.001, Florida Administrative Code 16D3 c) If the grantee has spent less than the Grant Award Amount in state funds to complete the Scope of Work, the fmal 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. Heritage Education Projects. a) The Grantee shall submit heritage education project contracts to the Division for review and approval prior to execution. b) 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. Page:4 Brant Award Agrecrrent(F'orm(.;AAOOI'),Elactr4c:04,2O2O Tile 1A-39.00/, Florida Administrative Code 0 1603 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.dosgrants,corn. 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. 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 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 fmds 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 Page:5 (hint Award Agreetr>w;art(1'onri( Ar\OO1),Lafectiw042020 Rule IA-39 001,Florida Administrative Code 1603 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 11/1/2019), which are incorporated by reference and are available online at https://www.myfloridacfo.com!Division/AA/Manuals/documents/RcferenceGuideforStateExpenditures.pdf. 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 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 http://www.nps.gov/tps/standards.htm and nps.gov/history/local- law/arch_stnds_0.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 Page:6 (;ran€ Award Ageerrent(N'otlrt(i,1A€Ol),Effective 04,2020 Rule 1A-39.001, Florida 4rlrrrirtisiratry Cods 1603 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; k) Administrative 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; 1) Grantee operational support(i.e., organization salaries not directly related to grant activities;travel expenditures;per diem; or supplies); m) Insurance costs; n) Capital improvements to property; o) Furniture and Equipment. (a)Expenditures for furniture and equipment including but not limited to: desks, tables, seating, rugs and mats, artwork and decorations, window treatments, computers, cameras, printers, scanners, appliances, case goods (including cabinets, countertops, or bookshelves),new or replacement casework, systems' furniture,portable lighting fixtures, portable sound or projection systems, specialty fixtures and equipment,visual display units, total stations, movable partitions, and acoustical treatments and components, 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; p) Costs associated with attending or hosting conferences, summits,workshops, or presentations; and q) 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. 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 Page:7 (hunt Auard Agreerrrnt(1'c.w)trt(iAAO()I),Effective 041202() Rule IA-39.001, Flor Ida Adrrrtrristrato e Code 0 1603 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. 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 Page:8 ('mint Award Agreement(1 onn(]AA001), E.1lectnr 04 2020 Ririe 1 A-39 001, Florida Administrative Code 0 1603 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 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 Page:9 {in;milt Award Agrccrr:nt(1 orrn iAA00I),Effective ecti' 04/2020 Rule 14-39.001, Florida Administrative(ode S 16 03 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 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 Page:10 (irant Ace ird Agreen ?nt(1 (iAA001),I:lc ctive 04 2020 Rule IA-34.00I, Florida Administrative(:ode 0 16D3 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 in accordance with Section 287.057, 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. In addition, no Grantee official, employee, or consultant who is authorized in his or her official capacity to negotiate, make, accept, approve, or take part in decisions regarding a contract, subcontract, or other agreement in connection with a grant assisted project shall take part in any decision relating to such contract, subcontract or other agreement in which he or she has any financial or other interest, or in which his or her spouse, child, parent, or partner, or any organization in which he or she is serving as an officer, director, trustee, partner, or employee of which he or she has or is negotiating any arrangement concerning employment has such interest. Grantees shall avoid circumstances presenting the appearance of such conflict. Furthermore, the spouse, child, parent, or partner of an officer, director, trustee,partner, or employee of the grantee shall not receive grant funds,unless specifically authorized in writing by the General Counsel for the Department of State to avoid a potential violation of those statutes. 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. Page:11 Grant Award Agreement( ;AAOO 1),Fired ive 0412020 Rule M 39.001, Florida Administrative Code 1603 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. 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:12 (iraIit AW:rci Akreetrunt(Fronn(:;AMOI),Eleciive04/2020 !Me I,2-39.00I, Florida Adnrinisfraiii,c-Code I 3 In acknowledgment of this grant, provided from funds appropriated in the 2021 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: By: By: :.� Authorizing Official for the Grantee Dr. Timothy Parsons, Division Burt L.Saunders Chairman Director Typed name and title Date algIaozo Date ATTEST Approved as to form and legality CR _TAL K. Iz;INZIi LERK � ' Assibt�nt County Att .y Attest as taChair Ian's '�+ �J rav Signature oti y Page:13 ( iit Award Atreerr!nt(I onn(:iAA00l),Ett cti c:04/2020 Rule IA-39.001,l'YotidaAdnrinistrative Code • 1603 ATTACHMENT A Estimated Project Budget Description Grant Cash In Kind Funds Match Match Design, fabrication, and installation of graphic informative panels and curation $13,500 $0 $0 and installation of a display of small artifacts Production and installation of a virtual tour of Budd Train Car $32,000 $0 $0 Grant and project administration $2,300 '', $0 $0 Totals $47,800 $0 $0 Page:14 (;rani Award Ajeeenent(I omn GA I) Effective 04/2020 Rule 1A-39.001, Florida Administrative(hale 16 03 ATTACHMENT B FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200, 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 Page:15 (,rant Avail,gram nt(IonnGAMO ),IIluctive04:2020 Rule IA-39.001, Florida Code I 1603 from other than federal 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. 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 fmancial 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) http://www,myfloridac fo.c om/ 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: Page:16 {;rant Award Agreenr.nt{I onn GA ),Etf ctive 04/2020 Rule IA-39.001, Florida Administrative Code 1603 1. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building 500 South Bronough St. Tallahassee, FL 32399-0250 2. The Federal Audit Clearinghouse(FAC)as provided in 2 CFR §200.36 and §200.512. The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2. Copies of financial reporting packages required by Part II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: 1. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building 500 South Bronough St. Tallahassee, FL 32399-0250 2. 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(httpsi/flauditor.gov/)provides instructions for filing an electronic copy of a financial reporting package. 3. Any reports, management letters, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters 10.550(local governmental entities)and 10.650(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 4. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with 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. Part IV: Record Retention The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s) and this Page:17 {i int Award Agree n ;nt(Form(iAA001),Effective 04/2020 Rule 1A-39001, I°loridaAdnrrxrrstratnc Code 16 D3 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 A;rcem a(Form GAA001),Effective 04/202€0 Thilc IA-39 001, 1/orido Administrative Code 1 +603 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 RESOURCESFOR FEDERAL PROGRAMS: Not applicable. SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Florida Department of State Historic Preservation Grants; CSFA Number 45.031. Award Amount:$47,800 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 https://apps.fldfs,com/.fsaa/. Page: 19 Grant s.nt Award Agreement(l'orrn GAAO0I) l::ilectiw 04/2020 I'tr1c, 1.3-39.001, Florida Administrative Code • 16113 AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND Collier County Board of County Commissioners 21.h.sm.300.021 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 Collier 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 21.h.sm.300.021 for the Project "Naples Depot Museum, Budd Train Car Interpretation&Digital Walk-Through,"in the amount of$47,800("Grant Award Amount"). The Division enters into this Agreement pursuant to Line Item 3148, contained in the 2021 General Appropriations Act, HB 5001, 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"Naples Depot Museum, Budd Train Car Interpretation& Digital Walk-Through,"the public purpose for which these funds were appropriated. a) The Grantee shall perform the following Scope of Work: Grant funds will be used for the design and creation of a small educational exhibit in the Naples Depot Museum, including:production and installation of a virtual tour of the Budd Train Car; design, fabrication, and installation of graphic informative panels; and curation and installation of a display of small artifacts. Grant funds will also be used for grant and project administration. 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 iverable Description Documentation Type Amount 1 Fixed Submit one(1)copy of the professional One(1)copy of the $14,340 Price exhibit design consultant's credentials and professional exhibit design one(I) copy of the project timeline to the consultant's credentials; one(1) Division for review and approval. copy of the project timeline to the Division for review and approval. Page:1 {it ant A trd AgrcerrEnt U on n GA/100I),1:..f1ect nr 04 21120 Rt,/c !1-39.00/,Flo.idcr,idntirustvulirr 1603 2 Fixed Provide one(1)electronic copy of the One(1)electronic copy of the $14,340 Price draft exhibit design documents and draft exhibit design documents informative text. and informative text. 3 Fixed Provide photographs of the installed One(1)set of photographs $19,120 Price exhibit and proof of installed virtual tour. demonstrating the exhibit was In addition, a Single Audit Form shall be installed;proof of working completed by the Grantee and submitted virtual tour installation;a Single along with the Final Progress Report prior Audit Form; and the Final to final payment. Progress Report. Totals $47,800 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 07/01/20, and shall end 06/30/21,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 party's contract manager,named below, will be responsible for monitoring its performance under this Agreement, and will be the official contact for each party. Any notice(s)or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below shall be submitted in writing to the contract manager within 10 days of the change. For the Division of Historical Resources: Eric Case Florida Department of State R.A. Gray Building 500 South Bronough Street Tallahassee, FL 32399 Phone: 850.245.6338 Email:eric.case@dos.myflorida.com For the Grantee: Contact:Amanda Townsend Address:3331 Tamiami Trail E Naples Florida 34112 Page:2 (ir;.;nt Asgard Agrectre 1(Form(iAA(H)I).titlectic 03:2020 Rule lA-39.001,17rnitii,td'uiuistrattnr Code 16Q3 Phone:239.252.7177 Email:amandatownsend@colliergov.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 and documentation evidencing all expenses incurred in achieving the completion of the deliverable. 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. 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 F,FT 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 http://www.myfloridacfo.com/Division/AA/Fonns/DFS-A1-26E.pdf 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 (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 https:hflvendor.myfloridacfo.coml . 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. Page:3 tr:.,;t 1r,srcl', i gin►°nt;i c>it3(;ANN 't`' " r �90 1603 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. Heritage Education Projects. a) The Grantee shall submit heritage education project contracts to the Division for review and approval prior to execution. b) 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. Page:4 (inapt;lr.,nrcl Atreetrrni I l=onn(.;;1;100I)-I:Ili!ctiv (.4-!O20 J?n/r' I,,39.UOl, ,lan,i,,isln,!irt- ( orlc 16D3 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,dosgrants.com. 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. 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 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 Page:5 „; 7 ..,1 1. 1603 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 11/1/2019),which are incorporated by reference and are available online at https://w w.myfloridacfo,com'Division/AA/Manuals/documents/RefcrcnceGuideforStateExpenditures,pdf. 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 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 httpi/www.nps.gov/tps/standards.htm and nps.gov/history/local- law/arch_stnds_0.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 Page:6 \ t_t". ,; 1?1 lief; l 1,J C7r) 1603 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; k) Administrative 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; 1) Grantee operational support(i.e., organization salaries not directly related to grant activities;travel expenditures;per diem; or supplies); m) insurance costs; n) Capital improvements to property; o) Furniture and Equipment. (a)Expenditures for furniture and equipment including but not limited to: desks, tables, seating, rugs and mats, artwork and decorations, window treatments,computers, cameras, printers,scanners,appliances, case goods (including cabinets, countertops, or bookshelves), new or replacement casework, systems' furniture,portable lighting fixtures, portable sound or projection systems,specialty fixtures and equipment,visual display units, total stations, movable partitions,and acoustical treatments and components, 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; p) Costs associated with attending or hosting conferences, summits,workshops, or presentations;and q) 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. 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 Slate 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 Paw:7 .:ia. 16D3 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. Sec 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. 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 Page:8 (irant A14Jrd AgrceirEnt I t onn(i:1AOO I).t:'.ttecu r 04 2020 1?u/ l,t-39.11OI,I/ ,,cl x.t,inht;lst hit irr ('rrtc, 0 1603 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 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 Page:9 oont Ao i1"k';tl(I o11,1( '5(10 i. 'u"1 '71:(' rt I ��.')().. t' r l._,,J 1,�,. ..t:'.-. t C4O 1 6 D 3 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 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 he 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 Page:10 (;ran( Asrectrrnl(1 onn(iAAO0I j.I fectnvt 04 21).O Ruh, 1.1.39,001, Florida (.Ode 16 3 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 in accordance with Section 287.057, 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. In addition, no Grantee official, employee, or consultant who is authorized in his or her official capacity to negotiate, make, accept, approve, or take part in decisions regarding a contract, subcontract, or other agreement in connection with a grant assisted project shall take part in any decision relating to such contract, subcontract or other agreement in which he or she has any financial or other interest, or in which his or her spouse, child,parent, or partner,or any organization in which he or she is serving as an officer, director, trustee,partner, or employee of which he or she has or is negotiating any arrangement concerning employment has such interest. Grantees shall avoid circumstances presenting the appearance of such conflict. Furthermore, the spouse, child,parent, or partner of an officer, director, trustee, partner, or employee of the grantee shall not receive grant funds, unless specifically authorized in writing by the General Counsel for the Department of State to avoid a potential violation of those statutes. 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. Page:11 (ir;tnt Agrectrti;tv CI Dint(;AA00 I). I ilectire 04 2 .0 1?2?/r 1,1-39.001, Ho,'/,41,1i.1'1(f!(stratty, 16D3 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. 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) Paw:12 Grant Award Agverrent( onri(.iAA00I),Effective(4.2020 Rule 1.1.39.00l,Pori Administrative(:'ode 1603 In acknowledgment of this grant,provided from funds appropriated in the 2021 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: txt • tiV " By: Authorizing Official for the Grantee :C.imothy Parsons, Division Burt L.Saunders Chairman :Dir for Typed name and title 9/15/2020 q ig ) ao .o Date Date ATTEST Approved as to tom and legality CR TAI. K. KINZE LERK � +�, Ash!, nt County Att►r cy (3j ty Attest as to Chairman's a J" -a, signature Dilly. N Page:13 (;rut Av+ard Agreement(Form onn GAAI K)I),Effective 0412.020 Rule 1,1 39,Ot11,Florida Ariniu:istratire Code 1603 ATTACHMENT A Estimated Project Budget Description Grant Cash In Kind Funds Match Match Design, fabrication, and installation of graphic informative panels and curation $13,500 $0 $0 and installation of a display of small artifacts Production and installation of a virtual tour of Budd Train Car $32,000 $0 $0 Grant and project administration $2,300 $0 $0 Totals $47,800 SO SO Page:14 (;mot Aik;ir I Agreement(Fonn(.MA00I), I.tiextrve 042020 Ilr!!e I1-39.001,FloridaAdnnuistraitt Code 1603 ATTACHMENT B FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200, 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. I. 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 Page:15 Grant;\orurd A1;rcerrunt(I onn(MA001). I:11(:L'ir t 04.`2020 RUJG ,1.3r9.(10(,I ioi,/a 1 Jn, risua!irt•(''ode 1603 from other than federal 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. 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 691-5, 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 IL 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) http://www.myfloridae fo.com/ State of Florida Legislature(Statutes, Legislation relating to the Florida Single Audit Act) him:/iwww,leg.s tatc.tl.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: Page:16 (;rant A trd AL;rcctrK:nt(I onu(;AA00I). I::itcetn 04 2020 Rohr /,1-39_001, Florida ('ot/:' 16 0 3 I. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building 500 South Bronough St. Tallahassee, FL 32399-0250 2. The Federal Audit Clearinghouse(FAC)as provided in 2 CFR §200.36 and §200.512. The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2. Copies of financial reporting packages required by Part II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: 1. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building 500 South Bronough St. Tallahassee, FL 32399-0250 2. 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.gov/)provides instructions for filing an electronic copy of a financial reporting package. 3. Any reports, management letters, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97,F.S., and Chapters 10.550(local governmental entities)and 10.650(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 4. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with 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. Part IV: Record Retention The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s)and this Page:17 (Irani Award A1;reeurnt(Fenn GAM)!),Effective()4'202O Rule 1/1-39.001,Florida Addrtiuistratire.(.'Vdc° ti * 4D3 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 (rant:award.Agn errEnt(Ionn t iAA(K)I).Effective 04.2020 202O Rile/4-39OOi, 1'loridiAdniinrstratirc ('code 1603 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 RESOURCESFOR FEDERAL PROGRAMS; Not applicable. SUBJECT TO SECTION 215.97.FLORIDA STATUTES; Florida Department of State Historic Preservation Grants;CSFA Number 45.031. Award Amount:$47,800 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 https://apps.fldfs,com/fsaa/. Page:19 (imi Award Agn errent(l'onnGAA(K)I),Ettixtive 0412020 Rule/,1-39.001,Florida Administrative Code 16 03 ,'" '. ,` State of Florida 4 "• �, ` Chief Financial Officer . Department of Financial Services y.iI�Y 1 _ -"'-i Bureau of Accounting • - •• • e 200 East Gaines Street ua;;;E'c? ` 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): 59-6000558 IRS Name: COLLIER COUNTY BOARD OF COUNTY COMMISSIO Address: 3299 TAMIAMI TRL E STE 700 NAPLES, FL 34112-5749 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. I am not subject to backup withholding because: (a) I am exempt from backup withholding or (b) I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of failure to report all interest or dividends, or (c)the IRS has notified me that I am no longer subject to backup withholding AND 3. I am a U.S. citizen or other U.S. person (including U.S. resident alien) Preparer's Name: MARLENE FOORD Preparer's Title: GRANT COORDINATOR Phone: 239 252-4768 Email: marlenefoord@colliergov.net Date Submitted: 07/07/2011 Active Doing Business As names submitted on the Substitute Form W-9: DBA COLLIER COUNTY EMS-BOCC Date printed from the State of Florida Substitute Form W-9 Website:05/03/2019