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HomeMy Public PortalAbout14-8883 Accept Grant Funding for the State of Florida Division of Cultural Affairs in the amount of $350,000 for Historic City Hall RestorationSponsored by: City Manager RESOLUTION NO. 14 -8883 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEPT GRANT FUNDING FROM THE STATE OF FLORIDA DIVISION OF CULTURAL AFFAIRS IN THE AMOUNT OF THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000), TO BE USED EXCLUSIVELY FOR THE HISTORIC CITY HALL RESTORATION PROJECT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has received confirmation of a 2015 Special Category Historic Preservation Grant from the Florida Department of State, Division of Historic Resources; and WHEREAS, the City is to receive State Historic Preservation Grant assistance funds administered by the State of Florida, Department of State, Division of Historical Resources; and WHEREAS, the City Commission of the City of Opa -locka directs the City Manager to execute and accept grant funding from the State Of Florida Division of Cultural Affairs in the amount of Three Hundred Fifty Thousand Dollars ($350,000). NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa- locka, Florida, hereby authorizes the City Manager to execute and accept grant funding from the State Of Florida Division of Cultural Affairs in the amount of Three Hundred Fifty Thousand Dollars ($350,000), to be used exclusively for Historic City Hall restoration project. Resolution No. 14 -8883 Section 3. The City Manager is authorized to execute the Grant Agreement document in substantial form, accompanying this Resolution. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 15th day of December, 2014. �4YRXf AYLOR MAYOR Attest to: Approved as to form and legal sufficiency: Q_0�� 4, 0 C Y"� Jo a Flores Joseph S. Geller ohn Dellagloria Cit Clerk GREENSPOON MARDER, PA City Attorney Moved by: Seconded by: Commission Vote: Commissioner Kelley: Commissioner Pinder: Commissioner Santiago: Vice -Mayor Holmes: Mayor Taylor: VICE MAYOR HOLMES COMMISSIONER SANTIAGO 4 -0 YES RECUSED YES YES YES O`p..LOCk4 h O n City of 1 1 Commission Meeting Dec,10, 2014 Item Type: Resolution Ordinance Other Date: X (Enter X in box) Fiscal Impact: Ordinance Reading: lt Reading 2 nd Readin (Enter X in box) Yes No (Enter X in box) X Public Hearing: Yes No Yes No (Enter X in box) X X Funding Source: (Enter Fund) Advertising Requirement: Yes No (Enter Acct No.) Historic City Hall (Enter X in box) X Restoration Contract/P.O. Required: Yes No RFP/RFQBid #: (Enter X in box) Strategic Plan Related Yes No Strategic Plan Priority Strategic Plan Obj. /Strategy: X (Enter X in box) Area: (list the specific objective /strategy this item will address) Enhance Organization Bus. & Economic Dev 0 Public Safety 0 Quality of Education m Qual. of Life & City Imlle Communcation 0 Sponsor Name City Manager Department: Grant Capital Improvement Projects Administration Short Title: A resolution of the City Commisioners to accept funding, sign, contract agreement #SC525 for the Hisotric City Hall Restoration Project in the amount of $350,000 Special Category Grant appropriated by the Division of Hitorical Affairs Staff Summary: Staff is recommending acceptance of this grant funding and execute agreement upon receipt. Proposed Action: Staff recommends the adoption of the Resolution to authorize the City Manager to accept and execute contract agreement Prepared by: Delia Rosa Kennedy, City of Opa -locks Grant Administrator TO: Mayor Vice -Mayor Commissioner Commissioner Commissioner FROM: Kelvin L. Baker, Sr., City DATE: December 10, 2014 Myra L. Taylor RE: Authorization to Accept Funding Recommendation from The State of Florida Division of Cultural Affairs in the amount of $350,000.00 Special Category Grant Request: A resolution from the Commissioners of the City of Opa -locka to authorize the City Manager to accept funding, sign and execute grant funding in the amount of $350,000 Grant Purpose. This grant shall be used exclusively for the "Historic City Hall Restoration Project," the public purpose for which these funds were appropriated. The Grantee shall perform the following Scope of Work: The restoration project includes concrete and masonry repair of the main building, minarets, towers, site walls, and exterior stairs, copper finials on top of towers with domes, repair of wooden elements in main building (including exterior), moisture /thermal protection of roof, repair /restoration of doors and windows, restoration of wall and floor finishes, ceiling restoration, interior painting, historic finishes restoration allowance, and elevator service /upgrade. All tasks associated with the restoration, as outlined in the Project Description (See Attachment A), will be performed by June 1, 2016. All project work will be completed under the supervision of a licensed architect or licensed contractor. b) The Grantee agrees to provide the following Deliverables and Performance Measures related to the Scope of Work for payments to be awarded Description: The City of Opa -locka will continue to accept all available funding from all eligible and available funding services in order to meet the needs and any gaps in funding for all infrastructure projects Financial Impact: Positive Fiscal Impact Implementation Timeline: Upon execution of contract Lesislative History: Original Contract Recommendation(s): Staff recommends approval. Attachment(s): Contract Agreement Prepared Bv: Delia Rosa Kennedy, Grant Administrator END OF MEMORANDUM Delia Rosa Kennedy From: Bertram, Robyn L. (Robyn.Bertram @dos.myflorida.com] Sent: Monday, November 17, 2014 4:59 PM To: Delia Rosa Kennedy Subject: SC522 Grant Award Agreement and Instructions Attachments: SC525 GAA.pdf; Restrictive Covenants SC.pdf; Sample w- 9.pdf; W -9 Instructions.pdf To Delia Rosa Kennedy: The Grant Award Agreement for your organization's 2015 Special Category Historic Preservation Grant from the Florida Department of State, Division of Historical Resources is attached. Please print and execute two (2) copies of the Grant Award Agreement, one (1) copy of an original, fully- executed Restrictive Covenant (filed in your county court system), and a copy of your Substitute Form W -9, and send them back to the Division, to my attention. Florida Department of State Attn: Robyn Bertram Division of Historical Resources 500 South Bronough Street Tallahassee, FL 32399 If you already have a current active Substitute Form W9, you can print out a copy of the form by going to the Department of Financial Services (DFS) page at: https : / /flvendor.myfloridacfo.com /. This required document must be provided or the Historic Preservation staff will not execute the GAA. We will then have the agreement executed on behalf of the Division and return a fully- executed original to you. If you have questions regarding your grant, please contact me. Best, Robyn Robyn Bertram Historic Preservation Grant Specialist i Bureau of Flistoric Preservatif)n Division of Historical Resources I Florida Department of State 1 500 South Bronough Street I Tallahassee, Florida 32399 1 850.245.6333 1 1.800.847.7278 1 Fax: 850.245.6439 Robyn. Bertram@dos.myflorida.com ( www.flheritage.com FLORIDA DEI+ARTMENT OF STATE @ItsWorkingFL [g I The Department of State is committed to excellence. Please take our Customer Satisfaction Survey. I of 4 RESTRICTIVE COVENANTS THESE COVENANTS are entered into this _ day of , 20 , by , hereinafter referred to as the Owner, and hereinafter referred to as the Grant Recipient, and shall be effective for a period of ten years from the date of recordation by the Clerk of the Circuit Court of County, Florida. WHEREAS, the Owner is the fee simple titleholder of the Property located at County, Florida, as described in Exhibit A, attached to and made a part hereof and WHEREAS, the Grant Recipient is to receive State Historic Preservation Grant assistance funds administered by the State of Florida, Department of State, Division of Historical Resources, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399 -0250, hereinafter referred to as the Department, in the amount of $ , to be used for the restoration and preservation of the property of the Owner as described in Exhibit A, and WHEREAS, said State funds have been or will be expended for the purpose of preserving the historic qualities of the property or contributing to the historic character of the district in which the property is located, Now THEREFORE, as part of the consideration for the State grant, the Owner and the Grant Recipient hereby make and declare the following restrictive covenants which shall run with the title to said Property and be binding on the Owner and its successors in interest, if any, for a period stated in the preamble above: 1. The Owner and the Grant Recipient agree to maintain the property in accordance with good preservation practices and the Secretary of the Interior's Standards for Rehabilitation. 2. The Owner and the Grant Recipient agree that no modifications will be made to the Property, other than routine repairs and maintenance, without advance review and approval of the plans and specifications by the Department's Bureau of Historic Preservation. 3. The Owner and the Grant Recipient agree that every effort will be made to design any modifications to the Property in a manner consistent with the Secretary of the Interior's Standards for Rehabilitation. 2 of 4 4. The Owner and the Grant Recipient agree that the Department, its agents and its designees shall have the right to inspect the Property at all reasonable times in order to ascertain whether the conditions of the Grant Award Agreement and these covenants are being observed. 5. The Owner and the Grant Recipient agree that these restrictions shall encumber the property for a period of ten years from the date of recordation, and that if the restrictions are violated within the ten year period, the Department shall be entitled to liquidated damages pursuant to the following schedule: a. If the violation occurs within the first five years of the effective date of these covenants, the Department shall be entitled to return of the entire grant amount. b. If the violation occurs after the first five years, the Department shall be entitled to return of the entire grant amount, less 10% for each year past the first five. For instance, if the violation occurs after the sixth anniversary of the effective date of these covenants, but prior to the seventh anniversary, the Department shall be entitled to return of 80% of the original grant amount. 6. The Owner agrees to file these covenants with the Clerk of the Circuit Court of (Name of County) County, Florida, and shall pay any and all expenses associated with their filing and recording. 7. The Owner and Grant Recipient agree that the Department shall incur no tax liability as a result of these restrictive covenants. 3 of 4 IN WITNESS WHEREOF, the Owner and Grant Recipient have read these Restrictive Covenants and have hereto affixed their signatures. WITNESSES: Witness Signature Witness Name Typed/Printed Witness Signature Witness Name Typed/Printed The State of Florida County of OWNER Owner's Address City State Zip I certify that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, that personally (Name) appeared as for (Officer) (Name of Corporation /Partnership) known to me to be or who proved to my satisfaction that he /she is the person described in and who executed the foregoing instrument. Type of Identification Produced Executed and sealed by me at , Florida on , 200 Notary Public in and for The State of My commission expires: [SEAL] Witness Signature Witness Name Typed/Printed Witness Signature Witness Name Typed/Printed The State of Florida County of GRANT RECIPIENT Grant Recipient's Address City State Zip 4 of 4 I certify that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, that personally (Name) appeared as for (Officer) (Name of Corporation/Partnership) known to me to be or who proved to my satisfaction that he /she is the person described in and who executed the foregoing instrument. Type of Identification Produced Executed and sealed by me at , Florida on , 200 Notary Public in and for The State of My commission expires: [SEAL] AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND CITY OF OPA -LOCKA 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 City of Opa -Locka hereinafter referred to as the "Grantee." The Grantee has been awarded a Special Category Grant (CSFA 45.032) by the Division, grant number SC525 for the project "Historic City Hall Restoration," in the amount of $350,000. Funds for this grant have been appropriated in the FY 2014 -2015 General Appropriations Act on line 3113A. The Division has the authority to administer this grant in accordance with Section 267.0617, Florida Statutes. In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Grant Purpose. This grant shall be used exclusively for the "Historic City Hall Restoration," the public purpose for which these funds were appropriated. a) The Grantee shall perform the following Scope of Work: The restoration project includes concrete and masonry repair of the main building, minarets, towers, site walls, and exterior stairs, copper finials on top of towers with domes, repair of wooden elements in main building (including exterior), moisture /thermal protection of roof, repair /restoration of doors and windows, restoration of wall and floor finishes, ceiling restoration, interior painting, historic finishes restoration allowance, and elevator service /upgrade. All tasks associated with the restoration, as outlined in the Project Description (See Attachment A), will be performed by June 1, 2016. All project work will be completed under the supervision of a licensed architect or licensed contractor. b) The Grantee agrees to provide the following Deliverables and Performance Measures related to the Scope of Work for payments to be awarded. Payment 1: ■ The first payment will be a fixed price advance in the amount of 25% of the grant award. Payment 2, Deliverable/ Task 1: ■ Payment 2 will be cost reimbursement. The Grantee will have completed at least 30 percent of the project prior to this payment. The performance measure documenting satisfactory completion of Deliverables will be a completed Application and Certificate for Payment (AIA Document G702) and Schedule of Contract Values (AIA Document G703), or its equivalent (See Appendix 1), showing at least 30 percent of the project completed. Payment 3, Deliverable/ Task 2: ■ Payment 3 will be cost reimbursement. The Grantee will have completed at least 60 percent of the project prior to this payment. The performance measure documenting satisfactory completion of Deliverables will be a completed Application and Certificate for Payment (AIA Document G702) and Schedule of Contract Values (AIA Document G703), or its equivalent (See Appendix 1), showing at least 60 percent of the project completed. Payment 4, Deliverable/ Task 3: ■ Payment 4 will be cost reimbursement. The Grantee will have completed 100 percent of the project prior to this payment. The performance measure documenting satisfactory completion of Deliverables will be a completed Application and Certificate for Payment (AIA Document G702), Schedule of Contract Values (AIA Document G703), and a Certificate of Substantial Completion (AIA Document G704), or its equivalent (See Appendix 1), showing 100 percent of the project completed, including all retainage amounts paid. The performance measure documenting satisfactory completion of Deliverables will also be submission and acceptance of a Final Project Progress Report form (See Section 14) that certifies that all project funds have been expended and the project has been closed out. c) The Grantee has provided an Estimated Project Budget (which is incorporated as part of this Agreement and entitled Attachment B). All expenditures for this agreement shall be in accordance with this budget (Attachment B). d) Change Orders. Should grant expenditures exceed the budgeted grant amount for any work item by more than 20 %, the Grantee shall be required to submit a proposal for revision of the Project Budget with a written explanation for the reason(s) for deviation(s) from the original Project Budget to the Division for review and written approval. 2. Length of Agreement. This Agreement shall begin on July 1, 2014, and shall end June 1, 2016, unless terminated in accordance with the provisions of Section 35 of this Agreement. Contract extensions will not be granted unless Grantee is able to provide substantial written justification and the Division approves such extension. The Grantee's written request for such extension must be submitted to the Division no later than thirty (30) days prior to the termination date of this Agreement. 3. Contract Administration. The parties are legally bound by the requirements of this agreement. Each party's contract manager, named below, will be responsible for monitoring its performance under this Agreement, and will be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change. For the Division of Historical Resources: Robyn Bertram Florida Department of State R.A. Gray Building 500 South Bronough Street Tallahassee, FL 32399 Phone: 850.245.6333 Email: robyn.bertram @dos.myflorida.com 2 For the Grantee: Contact: Delia Rosa Kennedy Address: 3400 NW 135th St., Building B, Opa- Locka, FL 33054 Phone: 305.953.2868 Email: dkennedy @opalockafl.gov 4. Grant Payments. All grant payments are requested by submitting Application and Certificate for Payment (AIA Document G702) and Schedule of Contract Values (AIA Document G703), or its equivalent (See Appendix 1). The total grant award shall not exceed $350,000 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) The first payment will be 25% advance of the grant award. b) The second payment will be cost reimbursement. Payment will be made in accordance with the completion of Deliverable 1. c) The third payment will be cost reimbursement. Payment will be made in accordance with the completion of Deliverable 2. d) The fourth payment will be cost reimbursement. Payment will be made in accordance with the completion of the Deliverable 3. 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 your organization, you do not need to submit another authorization form unless you have changed bank accounts. To download this form visit www.myfloridacfo.com/Division/AA/Fonns/DFS-Al-26E.pdf. This page also includes tools and information that allow you to check on payments. 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 flvendor.mvfloridacfo.com /. A copy of the Grantee's Florida Substitute Form W -9 must be submitted with the executed Agreement. 7. Amendment to Contract. Either party may request modification of the provisions of this Agreement by filing a Contract Details Amendment Request form with the Division. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. If changes are implemented without the Division's written approval, the organization is subject to noncompliance, and the grant award is subject to reduction, partial, or complete refund to the State of Florida and termination of this agreement. The Contract Details Amendment Request form is available on the Division's website at www.flheritage. com /grants /categories /special.cfm. 3 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) The full amount of the first payment (fixed price advance in the amount of 25% of the grant award) will be returned to the State of Florida if Deliverable 1 is not satisfactorily completed. b) Second payment will be withheld if Deliverables are not satisfactorily completed. c) Third payment will be withheld if Deliverables are not satisfactorily completed. d) Fourth payment will be withheld if Deliverables are not satisfactorily completed. 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 Historic Grant Award Agreement and multiplying the product by the grant award amount indicated in the Historic Grant Award Agreement. Pursuant to Section 19, Grantee shall refund to the Division any excess funds paid out prior to a reduction of total grant funding. 9. Development Projects. a) All project work must be in compliance with the Secretary of the Interior's Standards and Guidelines available online at www.nps.gov /tps /standards.htm. b) The Grantee shall provide photographic documentation of the restoration activity. Guidelines regarding the photographic documentation is available online at www.flherita eg_com /grants /cate org ies /special.cfm. c) Architectural Services 1. All projects shall require contracting for architectural /engineering services. 2. The Grantee may request a waiver of this requirement from the Division if they believe that the architectural /engineering services are not needed for the project. The Division shall make a recommendation to the Grantee after review of the proposed project. d) Architectural Documents and Construction Contracts The Grantee shall submit the architectural services contract to the Department for review and approval prior to final execution. In addition, pursuant to Section 267.031(5)(i), Florida Statutes, the Grantee shall submit architectural planning documents to the Department for review and approval at the following stages of development: 1. Upon completion of schematic design; 2. Upon completion of design development and outline specifications; and 4 3. Upon completion of 100% construction documents and project manual, prior to execution of the construction contract. e) For the construction phase of a project, in addition to the review submissions indicated above, a copy of the construction contract must be submitted to the Department for review and approval prior to final execution. Department review and approval of said contracts shall not be construed as acceptance by or imposition upon the Department of any financial liability in connection with said contracts. f) For projects involving ground disturbance (examples include: historic building or structure relocation, grading and site work, installation of sewer and water lines, subgrade foundation repairs or damp proofing, construction of new foundations and installation of landscape materials), the Grantee shall ensure that the following requirements are included in all contracts for architectural and engineering services: 1. Ground disturbance around historic buildings or elsewhere on the site shall be minimized, thus reducing the possibility of damage to or destruction of significant archaeological resources. 2. If an archaeological investigation of the Project site has not been completed, the architect or engineer shall contact the Department for assistance in determining the actions necessary to evaluate the potential for adverse effects of Project ground disturbing activities on significant archaeological resources. 3. Significant archaeological resources shall be protected and preserved in place whenever possible. Heavy machinery shall not be allowed in areas where significant archaeological resources may be disturbed or damaged. 4. When preservation of significant archaeological resources in place is not feasible, a mitigation plan shall be developed in consultation with and approved by the Department's Compliance Review Section (contact information available online at www.flherita eg com). The mitigation plan shall be implemented under the direction of an archaeologist meeting the Secretary of the Interiors' Professional Qualification Standards for Archeology. 5. Documentation of archaeological investigation and required mitigation actions shall be submitted to the Compliance Review Section for review and approval. This documentation shall conform to the Secretary of the Interior's Standards for Archaeological Documentation, and the reporting standards of the Compliance Review Section set forth in Chapter IA -46, Florida Administrative Code. 10. Credit Line(s) to Acknowledge Grant Funding. Pursuant to Section 286.25, Florida Statutes, all construction projects shall display a project identification sign in a prominent location at the Project site and shall maintain said sign while work is in progress. The sign must be a minimum of eight (8) square feet in area, be constructed of plywood or other durable material, and shall contain the following acknowledgment of grant assistance: a) "This project is sponsored in part by the Department of State, Division of Historical Resources and the State of Florida." b) Any variation in the above specifications must receive prior approval in writing by the Department. 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. 11. Restrictive Covenant. For all grant- assisted projects involving real property, except as exempted below, Restrictive Covenants, available online at www.flheritage.com/grants/categories/special.cfm must be recorded with the deed. By recording the referenced Restrictive Covenants, the Grantee agrees to the continued maintenance, repair and administration of the property receiving grant assistance in a manner satisfactory to the Department for a period of ten (10) years from the date of recordation. The Grantee shall have the Restrictive Covenants fully executed and duly recorded by the Clerk of the Circuit Court in the county in which the property is located. No grant funds will be released prior to Department receipt of a recorded copy of the Restrictive Covenants. Exceptions to this requirement are real properties owned by the State of Florida or the Federal Government, museum exhibits, archaeological sites, and movable historic objects such as locomotives, railcars, marine vessels and aircraft. 12. Preservation Agreement. For all grant- assisted projects involving property other than real property (e.g., locomotives, railcars, marine vessels, aircraft and other movable objects) execution of the Preservation Agreement, available online at www.flheritage.com/arants /, is required. By executing the referenced Preservation Agreement, the Grantee agrees to the continued maintenance, repair and administration of the property receiving grant assistance in a manner satisfactory to the Department for a period of ten (10) years from the date of execution. For projects involving property other than real property, no grant funds will be released prior to Department receipt of two completed and signed copies of the Preservation Agreement. 13. Encumbrance of Funds. The Grantee shall execute a binding contract for at least a part of the approved Scope of Work by February 28, 2015. All grant funds must be encumbered under the terms of a binding contractual agreement by June 30, 2015, except as allowed below. a) Extension of Encumbrance Deadline: The encumbrance deadline indicated above may be extended by written approval of the Division. To be eligible for this extension, the Grantee must demonstrate to the Division that full encumbrance of grant funding and the required match by binding contract(s) is achievable by the end of the requested extended encumbrance period. The Grantee's written request for extension of the encumbrance deadline must be submitted to the Department no later than fifteen (15) days prior to the encumbrance deadline indicated above. The maximum extension of the encumbrance period shall be thirty (30) days. b) Encumbrance Deadline Exception: For projects not involving contract services the Grantee and the Department shall consult on a case -by -case basis to develop an acceptable encumbrance schedule. 14. Grant Reporting Requirements. The Grantee must submit the following reports to the Division, using the Project Progress Report form. The Project Progress Report form is available on the Division's website at www.flheritage.com /grants /categories /special.cfm. rel a) First Project Progress Report is due by January 31, 2015, for the period ending December 31, 2014. b) Second Project Progress Report is due by July 31, 2015, for the period ending June 30, 2015. c) Third Project Progress Report is due by January 31, 2016, for the period ending December 31, 2015. d) Final Project Progress Report. The Grantee must submit a Final Report to the Division by June 1, 2016. 15. Matching Funds. The Grantee is required to provide a matching share of either $50,000 or 50% of the award request, whichever is the higher amount. The match may be any combination of in -kind services, volunteer labor, donated materials and travel, plus cash -on -hand which must constitute a minimum of 25% of the total match. Applicants 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, may request a reduction of match to 10% of the requested amount. 16. Grant Completion Deadline. The grant completion deadline is June 1, 2016. The Grant Completion Deadline is the date when the project is 100% complete and all grant and matching funds have been paid out in accordance with the work described in the Scope of Work, detailed in the Estimated Project Budget. If the Grantee finds it necessary to request an extension of the Grant Completion Deadline, the extension may not exceed 120 days, unless the Grantee can demonstrate extenuating circumstances as described in Section 17 of this Agreement. 17. 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 120 days, unless the Grantee can clearly demonstrate extenuating circumstances. An extenuating circumstance is one that is beyond the control of the Grantee, and one that prevents timely completion of the project such as a natural disaster, death or serious illness of the individual responsible for the completion of the project, litigation related to the project, or failure of the contractor or architect to provide the services for which they were contracted to provide. An extenuating circumstance does not include failure to read or understand the administrative requirements of a grant or failure to raise sufficient matching funds. Prior written approval is required for extensions. Non - allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures, which are incorporated by reference and are available online at www.myfloridacfo .com/aadir /reference guide /. In addition, the following are not allowed as grant or matching expenditures: a) Expenditures for work not included in the Approved Scope of Work; 7 b) Costs of goods and services not procured in accordance with procurement procedures set forth in the Historic Preservation Grant Award Agreement; c) Expenses incurred or obligated prior to or after the grant period; d) Expenditures for work not consistent with the applicable preservation standards (see subsection 1A- 39.002(31), F.A.C.); e) Expenditures for Furniture and Equipment, unless specifically authorized as a part of a grant project; f) Expenses associated with lobbying or attempting to influence federal, state, or local legislation, the judicial branch, or any state agency; g) Private entertainment, food, beverages, plaques, awards, or gifts; h) Costs or value of donations or in -kind contributions not documented in accordance with the provisions of the Historic Preservation Grant Award Agreement; i) Indirect costs, except indirect costs for Statewide Special Projects and grants providing technical assistance to the statewide Florida Main Street Program, which shall be considered on a case -by -case basis but shall not exceed 20% of the grant award amount; j) Project Administrative Expenditures, whether grant expenditures or match contributions, which in aggregate exceed 10% of the grant award amount; k) 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 through 2006, or under Section 267.031, F.S.; 1) Projects which are restricted to private or exclusive participation, which shall include restricting access on the basis of sex, race, color, religion, national origin, disability, age, handicap, or marital status; m) Grantee operational support (i.e., organization salaries, travel, supplies) (Note: project - specific travel costs shall be allowed if requested in the application, included in the Project Budget and clearly demonstrated by the applicant to be essential to completion of the proposed project); n) Vehicular circulation and parking (Exception: provision of code - required handicapped parking pad); o) Sidewalks, landscape features, planting, irrigation systems and site lighting (Exception: sidewalk required to link code - required handicapped parking pad to the accessible entry, planting required to halt erosion, and limited site lighting required for security, if included in the Approved Scope of Work); p) Capital improvements to non - historic properties (except as approved for Museum Exhibit projects); q) Capital improvements to the interior of religious properties (Exception: repairs to primary elements of the structural system. Examples include: foundation repairs, repairs to columns, load bearing wall framing, roof framing, masonry repairs, and window and exterior door repairs); r) Code - required accessibility improvements for religious properties; s) Insurance costs (Exception: costs for builder's risk, workers compensation and contractor's liability insurance); and t) Purchase of equipment (other than equipment incorporated as capital improvements into a historic building during restoration or rehabilitation, and equipment required for a museum exhibit). If special equipment is required for completion of the Project and said equipment is included in the Approved Scope of Work for the Project as an eligible grant expense, it shall 8 be rented for the grant term. If the value of special equipment is to be used as a match contribution, the value of the match contribution shall be limited to the cost of rental for the grant period at the market rate for such rental in the region. 19. 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. 20. 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: Robyn Bertram, 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, Recipient 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. 21. Single Audit Act. Each grantee, other than a grantee that is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. See Attachment C for additional information regarding this requirement. 22. 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. 23. 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. 24. 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. 25. 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 Project Progress Report at the end of the Grant Period. 26. Noncompliance with Grant Requirements. Any applicant that has not submitted required reports or satisfied other administrative requirements for other Division of Historical Resources grants or grants from any other Office of Cultural, Historical, and Information Programs ( OCHIP) Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. ( OCHIP) Divisions include the Division of Cultural Affairs, the Division of Historical Resources, and the Division of Library and Information Services.) Grant compliance issues must be resolved before a grant award agreement may be executed, and before grant payments for any OCHIP grant may be released. 27. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance, and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division. c) An interest - bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget. d) The name of the account(s) must include the grant award number; e) The Grantee's accounting records must have effective control over and accountability for all funds, property, and other assets; and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre -audit and post -audit (such as invoices, bills, and canceled checks). 28. 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. In the event that the state 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 expended 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. 10 29. 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. 30. 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 an agents, servants, joint venturers, or partners of the Division. 31. 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 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 this 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 Department 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. 32. 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. 33. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 34. 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. 35. Termination of Agreement. The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division 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. 36. 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. 37. 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. 38. 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. 39. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes, and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes. 12 40. 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. 41. 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. 42. 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. 43. 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. 44. 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. 45. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Project Description (Attachment A) c) Estimated Project Budget (Attachment B) d) Single Audit Act Requirements and Exhibit I (Attachment C) e) Schedule of Contract Values form (Appendix 1) 13 In acknowledgment of Grant Number SC525 provided for from funds appropriated in the FY 2014- 2015 General Appropriation Act in the amount of $350,000, I hereby certify that I have read this entire Agreement, and will comply with all of its requirements. Department of State: Grantee: By: By: Robert F. Bendus, Division Director Authorizing Official for the Grantee* Typed name and title Typed name and title Witness Witness Date Date *If the authorizing official signing above on behalf of the grantee organization is not the chief executive officer or equivalent then another authorized official must sign below. On behalf of the governing body of the Grantee organization, I hereby acknowledge awareness of, and agree to comply with all of the requirements of this Grant Agreement. Signature Typed name and title Witness Date 14 ATTACHMENT A Project Description (The project description below was provided by the Grantee and approved by the Division after notification of award.) Moorish Revival structure built in 1926 as the Opa -Locka Company Administration Building owned by aviation pioneer Glen Curtiss and designed by architect M. Berhardt Muller. The community was a multi - themed planned development based on Ebenezer Howards Garden Cities movement. The building was sold to the City in 1939 and was used for City Hall and is one of the oldest "government" buildings in south Florida. Work will include concrete /masonry repair of main building, minarets, towers, site walls, and exterior stairs, repair of copper finials on top of towers with domes, repair of wooden elements in main building (including exterior), moisture /thermal protection of roof, repair /restoration of doors and windows, restoration of wall and floor finishes, ceiling restoration, interior painting, historic finishes restoration allowance, and elevator service /upgrade. 15 ATTACHMENT B Estimated Project Budget Budget Grant Cash In- Item Description Funds Match Kind Total Number Match Concrete /masonry repair: main 1 building, $24,758 $24,758 $0 $49,516 minarets, towers, site walls, and exterior stairs Metal: copper 2 finials, top of $17,500 $17,500 $0 $35,000 towers with domes Wood: repair of 3 elements in main $33,155 $33,155 $0 $66,310 building and exterior 4 Moisture /thermal $73,341 $73,342 $0 $146,683 protection of roof Repair /restoration 5 of doors and $77,125 $77,125 $0 $154,250 windows 6 Wall finishes $84,206 $84,206 $0 $168,412 7 Floor finishes $24,294 $24,294 $0 $48,588 8 Ceiling $7,870 $7,870 $0 $15,740 restoration 9 Interior painting $7,751 $1 6,110 $0 $23,861 Historic finishes 10 restoration $0 $10,000 $0 $10,000 allowance 11 Elevator $0 $35,000 $0 $35,000 service /upgrade TOTAL $350,000 $403,360 $0 $753,360 16 ATTACHMENT C FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 2 Subpart F -- Audit Requirements, and Section 215.97, Florida Statutes, monitoring procedures may include, but not be limited to, on -site visits by Department of State staff, limited scope audits as defined by 2 CFR 2 §200.328, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non - profit organization that has received federal funds awarded through the Department of State. EXHIBIT 1 to this attachment indicates whether federal resources have been awarded through the Department of State by this agreement. 2 CFR 2 §200.501 Audit Requirements (a) Audit required. A non - Federal entity that expends $750,000 or more during the non - Federal entity's fiscal year in Federal awards must have a single or program - specific audit conducted for that year in accordance with the provisions of this part. (b) Single audit. A non - Federal entity that expends $750,000 or more during the non - Federal entity's fiscal year in Federal awards must have a single audit conducted in accordance with 2 CFR §200.514 Scope of audit except when it elects to have a program - specific audit conducted in accordance with paragraph (c) of this section. (c) Program - specific audit election. When an auditee expends Federal awards under only one Federal program (excluding R &D) and the Federal program's statutes, regulations, or the terms and conditions of 17 the Federal award do not require a financial statement audit of the auditee, the auditee may elect to have a program - specific audit conducted in accordance with 2 CFR §200.507 Program - specific audits. A program - specific audit may not be elected for R &D unless all of the Federal awards expended were received from the same Federal agency, or the same Federal agency and the same pass - through entity, and that Federal agency, or pass - through entity in the case of a subrecipient, approves in advance a program - specific audit. (d) Exemption when Federal awards expended are less than $750, 000. A non - Federal entity that expends less than $750,000 during the non - Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in 2 CFR §200.503 Relation to other audit requirements, but records must be available for review or audit by appropriate officials of the Federal agency, pass - through entity, and Government Accountability Office (GAO). (e) Federally Funded Research and Development Centers ( FFRDQ. Management of an auditee that owns or operates a FFRDC may elect to treat the FFRDC as a separate entity for purposes of this part. (f) Subrecipients and Contractors. An auditee may simultaneously be a recipient, a subrecipient, and a contractor. Federal awards expended as a recipient or a subrecipient are subject to audit under this part. The payments received for goods or services provided as a contractor are not Federal awards. Section §200.330 Subrecipient and contractor determinations should be considered in determining whether payments constitute a Federal award or a payment for goods or services provided as a contractor. (g) Compliance responsibility for contractors. In most cases, the auditee's compliance responsibility for contractors is only to ensure that the procurement, receipt, and payment for goods and services comply with Federal statutes, regulations, and the terms and conditions of Federal awards. Federal award compliance requirements normally do not pass through to contractors. However, the auditee is responsible for ensuring compliance for procurement transactions which are structured such that the contractor is responsible for program compliance or the contractor's records must be reviewed to determine program compliance. Also, when these procurement transactions relate to a major program, the scope of the audit must include determining whether these transactions are in compliance with Federal statutes, regulations, and the terms and conditions of Federal awards. (h) For-profit subrecipient. Since this part does not apply to for - profit subrecipients, the pass- through entity is responsible for establishing requirements, as necessary, to ensure compliance by for - profit subrecipients. The agreement with the for - profit subrecipient should describe applicable compliance requirements and the for - profit subrecipient's compliance responsibility. Methods to ensure compliance for Federal awards made to for - profit subrecipients may include pre -award audits, monitoring during the agreement, and post -award audits. See also §200.331 Requirements for pass - through entities. The Internet web address listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. U.S. Government Printing Office www.ecfr.gov 18 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes and had received state funds awarded by the Department of State. EXHIBIT 1 to this attachment indicates whether state resources have been awarded by the Department of State by this agreement. Section 215.97 Florida Statutes Single Audit Requirements In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other 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.fldfs.com/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) http://www.lea.state.fl.us/ 19 PART III: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 2 §200.512, and required by PART I of this agreement shall be submitted, when required by 2 CFR 2 §200.512, by or on behalf of the recipient directly to each of the following: A. The Department of State at the following address: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399 -0250 B. The Federal Audit Clearinghouse electronically at harvester.census. ovg /sac/ as designated in 2 CFR 2 §200.512 C. Other Federal agencies and pass- through entities in accordance with 2 CFR 2 §200.513 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance 2 CFR 2 §200.501 Audit Requirements, is not required to be submitted to the Department of State for the reasons pursuant to 2 CFR 2 §200.501, the recipient shall submit the required written notification pursuant to 2 CFR 2 §200.501 (d) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to the following: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399 -0250 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to the following: A. The Department of State at the following address: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399 -0250 Fill B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 4. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with 2 CFR 2 Subpart F— Audit Requirements, Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with 2 CFR 2 Subpart F or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Department of State. 21 EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable. SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Florida Department of State Special Category Grant, CSFA Number 45.032 Award Amount: $350,000 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: As contained in the Compliance Supplement to CSFA Number 45.032. 22 APPENDIX 1 Schedule of Contract Values (This form must be completed by the Contractor for the Project.) PROJECT NAME: APPLICATION NO: PROJECT #: APPLICATION DATE: CONTRACTOR: PERIOD TO: PERCENT COMPLETE TO DATE: A B C D E F G H I 7 ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED MATERIALS TOTAL % BALANCE RETAINAGE NO VALUE FROM PREVIOUS THIS PERIOD PRESENTLY COMPLETED (G +C) TO FINISH (IF VARIABLE APPLICATION STORED AND STORED C - G RATE + E OT IN TO DATE D ORE +E +F (Fill in & break down contract values (Add any change order(s) descriptions) GRAND TOTALS $0.00 1 $0.00 $0.00 $0.00 $0.00 0% $0.00 $0.00 CaNtract er: Mmimum am®ce requuments mrmdWty cam Ieted and appmvW by: Date: 23 I of 4 RESTRICTIVE COVENANTS THESE COVENANTS are entered into this day of , 20 , by , hereinafter referred to as the Owner, and hereinafter referred to as the Grant Recipient, and shall be effective for a period of ten years from the date of recordation by the Clerk of the Circuit Court of County, Florida. WHEREAS, the Owner is the fee simple titleholder of the Property located at County, Florida, as described in Exhibit A, attached to and made a part hereof and WHEREAS, the Grant Recipient is to receive State Historic Preservation Grant assistance funds administered by the State of Florida, Department of State, Division of Historical Resources, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399 -0250, hereinafter referred to as the Department, in the amount of $ , to be used for the restoration and preservation of the property of the Owner as described in Exhibit A, and WHEREAS, said State funds have been or will be expended for the purpose of preserving the historic qualities of the property or contributing to the historic character of the district in which the property is located, Now THEREFORE, as part of the consideration for the State grant, the Owner and the Grant Recipient hereby make and declare the following restrictive covenants which shall run with the title to said Property and be binding on the Owner and its successors in interest, if any, for a period stated in the preamble above: 1. The Owner and the Grant Recipient agree to maintain the property in accordance with good preservation practices and the Secretary of the Interior's Standards for Rehabilitation. 2. The Owner and the Grant Recipient agree that no modifications will be made to the Property, other than routine repairs and maintenance, without advance review and approval of the plans and specifications by the Department's Bureau of Historic Preservation. 3. The Owner and the Grant Recipient agree that every effort will be made to design any modifications to the Property in a manner consistent with the Secretary of the Interior's Standards for Rehabilitation. 2 of 4 4. The Owner and the Grant Recipient agree that the Department, its agents and its designees shall have the right to inspect the Property at all reasonable times in order to ascertain whether the conditions of the Grant Award Agreement and these covenants are being observed. 5. The Owner and the Grant Recipient agree that these restrictions shall encumber the property for a period of ten years from the date of recordation, and that if the restrictions are violated within the ten year period, the Department shall be entitled to liquidated damages pursuant to the following schedule: a. If the violation occurs within the first five years of the effective date of these covenants, the Department shall be entitled to return of the entire grant amount. b. If the violation occurs after the first five years, the Department shall be entitled to return of the entire grant amount, less 10% for each year past the first five. For instance, if the violation occurs after the sixth anniversary of the effective date of these covenants, but prior to the seventh anniversary, the Department shall be entitled to return of 80% of the original grant amount. 6. The Owner agrees to file these covenants with the Clerk of the Circuit Court of (Name of County) County, Florida, and shall pay any and all expenses associated with their filing and recording. 7. The Owner and Grant Recipient agree that the Department shall incur no tax liability as a result of these restrictive covenants. 3 of 4 IN WITNESS WHEREOF, the Owner and Grant Recipient have read these Restrictive Covenants and have hereto affixed their signatures. WITNESSES: Witness Signature Witness Name Typed/Printed Witness Signature Witness Name Typed /Printed The State of Florida County of OWNER Owner's Address City State Zip I certify that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, that personally (Name) appeared as for (Officer) (Name of Corporation /Partnership) known to me to be or who proved to my satisfaction that he /she is the person described in and who executed the foregoing instrument. Type of Identification Produced Executed and sealed by me at , Florida on , 200 Notary Public in and for The State of My commission expires: [SEAL] Witness Signature Witness Name Typed/Printed Witness Signature Witness Name Typed/Printed The State of Florida County of GRANT RECIPIENT Grant Recipient's Address City State Zip 4 of 4 I certify that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, that personally (Name) appeared as for (Officer) (Name of Corporation/Partnership) known to me to be or who proved to my satisfaction that he /she is the person described in and who executed the foregoing instrument. Type of Identification Produced Executed and sealed by me at , Florida on , 200—. Notary Public in and for The State of My commission expires: [SEAL]