Backup Documents 09/24/2019 Item #16D 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLID 6 8
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#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Hilary Halford Community and Human C# C4/ 9/23/2019
Services
2. Jennifer Belpedio County Attorney Office pl 1\G
3. BCC Office Board of County \
Commissioners v‘c-7 -7 ckV2-S
4. Minutes and Records Clerk of Court's OfficeliG I c
n ' , r 1 -t �-.a
r�
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 Hilary Halford/CHS Phone Number 252-2670
Contact/ Department /
Agenda Date Item was 09/24/2019 ✓ Agenda Item Number I6.D.8 �J
Approved by the BCC
Type of Document FLDOS Small Matching Grant agreement Number of Original 1
Attached Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column . •' •- er is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original sign. ure?Stamped is okay N/A
2. Does the document need to be sent to another agency for ad.t . : es. If yes, NA
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 HH
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 NA
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 HH
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 HH
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip NA
should be provided to the County Attorney Office at the time the ' em is input into SIRE.
Some documents are time sensitive and require forwarding to T .ahassee within a certain
time frame or the BCC's actions are nullified. Be aware of yo r deadlines!
8. The document was approved by the BCC on 09/24/2019 d all changes made during HH N/A is not
the meeting have been incorporated in the attached document. The County an 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 ,,�� s • is not
BCC, all changes directed by the BCC have been made, and the document is ready for the ads
•option for
Chairman's signature. t s line.
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I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Rev. ed 11/30/12 e
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1 6 0 8
Martha S. Vergara
From: Martha S. Vergara
Sent: Thursday, September 26, 2019 11:23 AM
To: HalfordHilary
Subject: Agenda Item #16D8
Attachments: Hilary Halford.pdf
Hi Hilary,
Attached is a scanned copy of your document to forward for signature/approval.
Please forward a fully executed original back to us for the Board's Official Records.
Thanks,
Martha Vergara
BMR&VAB Senior Deputy Clerk
rP.
4o^c cot40, Office: 239-252-7240
�`�,� Fax: 239-252-8408
E-mail: martha.vergara@CollierClerk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
� mac ` 3329 Tamiami Trail E, Suite#401
�{ ` Naples, FL 34112
www.CollierClerk.com
1
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MEMORANDUM
Date: September 26, 2019
To: Hilary Halford, Senior Grants Coordinator
Community & Human Services
From: Martha Vergara, Senior Deputy Clerk
Minutes & Records Department
Re: FLDOS Small Matching Grant Agreement — Margood Cottages
Attached is one (1) scanned original of the documents referenced above, (Item
#16D8) approved by the Board of County Commissioners on Tuesday, September 24,
2019.
Please forward for additional signature and return a fully executed Original
back to the Minutes & Records Department for the Board's Official Records.
If you have questions, please feel free to call me at 252-7240.
Thank you
Attachment
160 8
AGREEMENT BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF STATE
AND
Collier County Board of County Commissioners
20,h.sm.100.020
This Agreement is by and between the State of Florida,Department of State, Division of Historical Resources
hereinafter referred tows 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 20.h.sm,100.020 for the Project
"Margood Cottages Restoration,"in the amount of$50,000("Grant Award Amount"). The Division enters into this
Agreement pursuant to Line Item 3169,contained in the 2020 General Appropriations Act, SB 2500, Laws of Florida.
The Division has the authority to administer this grant in accordance with Section 267.0617,Florida StahNes,
In consideration of the mutual covenants and promises contained herein, the parties agree as follows:
1. Grant Purpose. This
rp grant shall be used exclusively for the"Margood Cottages Restoration,"the public
purpose for which these funds were appropriated.
a) The Grantee shall perform the following Scope of Work:
This grant will be for the planning of the Margood Cottages site. Grant funds will be used for
architectural and engineering services to produce as-built drawings, schematic drawings, a design
development plan,and 100%construction drawings, including landscaping/erosion control plans, for the
Margood Cottages.
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 Deliverable Description Documentation Payment
• Amount
I ! Fixed The Grantee will have completed ` Completed as-built and schematic $12,500
Price as-built drawings and schematic + drawings shall be submitted to the
drawings. Division fur review and approval.
2 Fixed The Grantee will have completed Design development plan shall be $12,500
Price a design development plan. submitted to the Division for review and
approval.
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3 . Fixed ! The Grantee will have completed 50%construction drawings, including a $12,500
Price 50% construction drawings, landscaping/erosion control plan,shall
including a landscaping/erosion be submitted to the Division for review IiI
control plan. and approval
• i
4 Fixed The Grantee will have completed Completed 100%complete construction $12,500
Price 100% construction drawings. drawings shall be submitted to the
Division for review and approval
Totals $50,000
c) The Grantee has provided an Estimated Project Budget based upon reasonable expenditures projected to
accomplish the Grantee's Scope of Work and Deliverables outlined in the Agreement, The Budget
provides details of how grant and match funds will be spent.All expenditures shall be in accordance with
this budget(which is incorporated as part of this Agreement and entitled Attachment A) and must be
incurred during the term of this Agreement, as stated in Section 2 of this Agreement.
2. Length of Agreement. This Agreement shall begin on 07/01/19,and shall end 06/30/20,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
i Email:eric.case@dos.myflorida,com
For the Grantee:
Contact:Hilary Halford
Address:3331 Tainiami Trail E Naples Florida 34112
Phone:239.252.2670
Ernail:hilary,halfo rd@co lliereountyfl.go v
•
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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'lwww.myfloridacfo,cor/Division/AA/Fomns/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 Identscation 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 haps:l/flvendor.myfloridacfo.corn/. A copy of the Grantee's Florida Substitute Form W-9
must be submitted to the Division, as required, in advance of or with the executed Agreement.
7. Amendment to Agreement.Either party may request modification of the provisions of this Agreement by
contacting the Division to request an Amendment to the Contract. Changes which are agreed upon shall be
valid only when in writing,signed by each of the parties,and attached to the original of this
Agreement. If changes are implemented without the Division's written approval,the organization is subject to
noncompliance,and the grant award is subject to reduction,partial, or complete refund to the State of Florida
and termination of this agreement.
8, Financial Consequences. The Department shall apply the following financial consequences for failure to
perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and
287.058,Florida Statutes.
a) Any advanced funds will be returned to the State of Florida if unexpended within the first 3 months of
disbursement.
b) Payments will be withheld for failure to complete services as identified in the Scope of Work and
Deliverables,provide documentation that the deliverable has been completed,or demonstrate the
appropriate use of state funds,
c) If the grantee has spent less than the Grant Award Amount in state funds to complete the Scope of
Work, the final payment will be reduced by an amount equal to the difference between spent state dollars
and the Grant Award Amount.
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d) The Division may reduce individual payments by 10%if the completed Deliverable does not meet the
Secretary of the Interior's Standards and Guidelines or other industry standards applicable to the
project.
The Division shall reduce total grant funding for the Project in direct proportion to match contributions not met
by the end of the grant period. This reduction shall be calculated by dividing the actual match amount by the
required match amount indicated in the Agreement and multiplying the product by the Grant Award Amount
indicated in the Agreement. Pursuant to Section 17,Grantee shall refund to the Division any excess funds paid
out prior to a reduction of total grant funding.
9. Additional Special Conditions.
Planning Projects.
a) The Grantee shall submit planning project contracts to the Division for review and approval prior to
execution
b) For planning projects, the Grantee shall follow the planning documents as outlined in the guidelines
found online at httpsi/dos.ntyflorida.com/ltistorical/grants/small-matching,;grants/.
10. Credit Line(s)to Acknowledge Grant Funding. Pursuant to Section 286.25,Florida Statutes, in
publicizing,advertising, or describing the sponsorship of the program the Grantee shall include the following
statement:
a) "This project is sponsored in part by the Department of State, Division of Historical Resources and the
State of Florida."Any variation in this language must receive prior approval in writing by the Division.
b) All site-specific projects must include a Project identification sign, with the aforementioned language, that
must be placed on site.The cost of preparation and erection of the Project identification sign are
allowable project costs. Routine maintenance costs of Project signs are not allowable project costs. A
photograph of the aforementioned sign must be submitted to the Division as soon as it is erected.
11. Encumbrance of Funds. The Grantee shall execute a binding contract for at least a part of the Scope of
Work by September 30, except as allowed below.
a) Extension of Encumbrance Deadline:The encumbrance deadline indicated above may be extended by
written approval of the Division. To be eligible for this extension,the Grantee must demonstrate to the
Division that encumbrance of grant funding and the required match by binding contract(s) is achievable
by the end of the requested extended encumbrance period. The Grantee's written request for extension
of the encumbrance deadline must be submitted to the Department no later than fifteen(15)days prior to
the encumbrance deadline indicated above. The maximum extension of the encumbrance period shall be
thirty(30)days.
b) Encumbrance Deadline Exception:For projects not involving contract services the Grantee and the
Department shall consult on a case-by-case basis to develop an acceptable encumbrance schedule.
12. Grant Reporting Requirements. The Grantee must submit the following reports to the Division, Alt reports
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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 and expended in accordance with the work described in the Scope of Work, detailed in the Estimated
Project Budget. If the Grantee finds it necessary to request an extension of the Grant Completion Deadline,an
Amendment to the Agreement must be executed as per Section 7,and the stipulations in Section 15 must be
met.
15. Extension of the Grant Completion Deadline. An extension of the completion date must be requested at
least thirty(30)days prior to the end of the Grant Period and may not exceed 30 days,unless the Grantee can
clearly demonstrate extenuating circumstances. An extenuating circumstance is one that is beyond the control
of the Grantee,and one that prevents timely completion of the Project such as a natural disaster,death or
serious illness of the individual responsible for the completion of the Project, litigation related to the Project,or
failure of the contractor or architect to provide the services for which they were contracted to provide. An
extenuating circumstance does not include failure to read or understand the administrative requirements of a
grant or failure to raise sufficient matching funds. Changes to the original completion deadline shall be valid
only when requested in writing, approved by the Divisions and an Amendment to the Agreement has been
executed by both parties and attached to the original of this Agreement.
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 3/10/2011), which are incorporated by reference and
are available online at http://www.myfioridacfo.com/aadir/reference_guide/.The following categories of
expenditures are non-allowable for expenditure of grant funds and as contributions to required match:
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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.govttps/standards/treatment-guidelines-
2017.pdf,standards available at httpJ/www.nps.gov/tps/standards,htm and nps.gov/history/local-
)aw/arch`stnd _0.htm or applicable industry standards;
1) Costs for projects having as their primary purpose the fulfillment of Federal or State historic preservation
regulatory requirements,specifically,costs of consultation and mitigation measures required under
Section 106 of the National Historic Preservation Act of 1966, as amended,or under Section 267.031,
F.S.;
g) Projects directed at activities or Historic Properties that are restricted to private or exclusive participation
or access,which shall include restricting access on the basis of sex,race, color, religion,national origin,
disability, age,pregnancy, handicap,or marital status;
h) Entertainment, food,beverages,plaques, awards,or gifts;
i} Costs or value of donations or In-kind Contributions not documented in accordance with the provisions
of the Grant Award Agreement;
j) Indirect costs including Grantee overhead, management expenses, general operating costs and other
costs that are not readily identifiable as expenditures for the materials and services required to complete
the work identified in the Scope of Work in the Grant Award Agreement. Examples of indirect costs
include:rent/mortgage, utilities,janitorial services, insurance, accounting, Internet service,monthly
expenses associated to security systems, non-grant related administrative and clerical 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;
I) 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;
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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
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,
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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
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
C) 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
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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
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,
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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 spec died address by a method that provides proof of receipt. In the
event that the Division terminates this Agreement,the Grantee will be compensated for any work
completed in accordance with this Agreement,prior to the notification of termination, if the Division
deems this reasonable under the circumstances. Grant funds previously advanced and not expended on
work completed in accordance with this Agreement shall be returned to the Division, with interest,within
thirty(30)days after termination of this Agreement. The Division does not waive any of its rights to
additional damages, if'grant funds are returned under this Section.
b) Termination for convenience. The Division or the Grantee may terminate the grant in whole or in part
when both parties agree that the continuation of the Project would not produce beneficial results
commensurate with the further expenditure of'funds, The two parties will agree upon the termination
conditions, including the effective date,and in the case of partial terminations, the portion to be
terminated.
c) Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to the fust
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 tight, 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-Assigntnent of Agreement. The Grantee may not assign, sublicense nor otherwise transfer its tights,
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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 perfonned 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 clan 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.
39, No Employment of Unauthorized Miens. 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 teen 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.
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•
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)
� I
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In acknowledgment of this grant,provided from funds appropriated in the 2020 General Appropriation Act,
I hereby certify that I have read this entire Agreement,and will comply with all of its requirements.
Department of State: G to
By: A AIBy:
LI �`1� Author►.ing Official for the Grantee
Dr.Timothy arsons,Division William L.McDaniel,Jr. Chairman
Director
Typed name and title �y
Date 10//ip�. � m
Date
Approved as to form and icgulity
J
Assistant County Ann jey
014\ \SCI
C, ,
ATTEST, is� ZEL, CLERK
.CRYSTAZ K• c
Chaff+
an'� e�U•� •
ktest as t •
ont ' `�• :At, ,
signature y. • , . „
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ATTACHMENT A
Estimated Project Budget
. ... . .. .. .. ...
Description Grant Funds Cash Match In Kind Match
As-Built Drawings and Schematic Drawings $5,000 $0 $0
Design Development Plan $15,000 $0 $0
Construction Documents $30,000 $0 j $0
Totals 1 $50,000 $0 i $0
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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 l 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§§200.508-5l2.
3. A recipient that expends less than$750,000 in federal awards in its focal 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 focal 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
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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 I 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 11,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.myfloridacfo.com/
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:
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a) 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
b) 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 11 of this agreement shall be submitted by or on behalf
of the recipient directly to each of the following:
a) 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
b) The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building,Room 401
1 1 1 West Madison Street
Tallahassee,Florida 32399-1450
The Auditor General's website(https//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 V: Record Retention
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s)and this
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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.
(
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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 45.31. Award Amount:$50,000
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT
TO THIS AGREEMENT ARE AS FOLLOWS:
The compliance requirements of this state project may be found in Part Four(State Project Compliance
Requirements)of the State Projects Compliance Supplement located at Jlttps'/apps,fldfs.cotntfsaa/.
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IUde I A-39.001,Florida RdmirdronRre axle
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cf � State of Florida
•
' ••Iv Chief Financial Officer
Department of Financial Services
•::= .'1= Bureau of Accounting
200 East Gaines Street
Tallahassee, FL 32399-0354
WE.i n..
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
2.1 am not subject to backup withholding because:
(a I am exempt from backup withholding or
b) I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup
withholding as a result of failure to report all interest or dividends, or
(c)the IRS has notified me that I am no longer subject to backup withholding AND
3. I am a U.S.citizen or other U.S.person(Including U.S.resident alien)
Preparer's Name: MARLENE FOORD
Preparer's Title:GRANT COORDINATOR
Phone:239 252-4768
Email:marlenefoord@colliergov.net
Date Submitted:07/07/2011
Date printed front the Stole of Florida Substitute Form W-9 Wasik,:07/07/M11