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2527 Agreement between State of FL, Dept of State and COS/with Reso 3156Agreement Between The State of Florida, Department of State And City of Sanford This Agreement is by and between the State of Florida, Department of State, Division of Arts and Culture hereinafter referred to as the "Division," and the City of Sanford hereinafter referred to as the "Grantee." The Grantee has been awarded a General Program Support grant by the Division, grant number 24.c.ps.170.565 for the project "Sanford Museum GPS" in the amount of $26,399. Funds for this grant have been appropriated in the FY 2024 General Appropriations Act on lime 3265. The Division has the authority to administer this grant in accordance with Section 265.286, Florida Statutes. Funds from this grant are allocated by the State of Florida, Department of State, Division of Arts and Culture to meet the required cost share or match for federal funding from the National Endowment for the Arts State Partnership Award # 1914177-61-23 and as such are considered NEA subawards. All funds disbursed under this program may only be used in compliance with both State and Federal regulations including applicable provisions of 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and all other applicable statutes, regulations, and executive orders. 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 "Sanford Museum GPS" project, the public purpose for which these funds were appropriated. a) The Grantee shall perform the following Scope of Work: Complete the introductory package of requirements for the implementation of the Scope of Work. Execute first phase of cataloging the museum collection and update online collection through PastPerfect. Execute second phase of cataloging the museum collection and execute one onsite special event. Execute third phase of cataloging the museum collection and publish an online virtual tour. All tasks associated with the project will be completed by June 30, 2024. 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 Documentation Payment Type Description Amount 1 Fixed Complete the Introductory package of requirements includes: $6,599.75 Price introductory package Timeline of grant activities for the grant period of requirements for (e.g., Calendar of Events, Season Schedule, etc.) the implementation of and Grants Management Webinar Quiz Certificate the Scope of Work. of Completion demonstrating a 100/100 score. Page: l GPS/SCP Grant Award Agreement (CAM 42), eff 07/2023, Clkipter 1 T-1.036. Florida Administrative Code State of Florida Chief Financial Officer Department of Financial Services Bureau of Accounting 200 East Gaines Street Tallahassee, FL 32399-0354 Telephone: (850) 413-5519 Fax:(850) 413-5550 Substitute Form W-9 In order to comply with Internal Revenue Service (IRS) regulations, we require Taxpayer Identification information that will be used to determine whether you will receive a Form 1099 for payment(s) made to you by an agency of the State of Florida, and whether payments are subject to Federal withholding. The information provided below must match the information that you provide to the IRS for income tax reporting. Federal law requires the State of Florida to take backup withholding from certain future payments if you fail to provide the information requested. Taxpayer Identification Number (FEIN): 59-6000425 IRS Name: CITY OF SANFORD Address: P.O. BOX 1788 SANFORD, FL 32771-1788 Attention Of: FINANCE DEPT Business Designation: Government Entity Certification Statement: Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer information AND 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding AND 3. 1 am a U.S. citizen or other U.S. person (including U.S. resident alien) Preparer's Name: CYNTHIA LINDSAY Preparer's Title: DIRECTOR OF FINANCE Phone: 407-688-5020 Email: LINDSAYC@SANFORD FL.GOV Date Submitted: 08/30/2011 Date printed from the State of Florida Substitute Form W-9 Website: 06/01/2018 2 Fixed Execute first phase of Price cataloging the museum collection and update online collection through PastPerfect Report of items cataloged in Past Perfect and $6,599.75 screen shots of public access website. 3 Fixed Execute second phase Report of items cataloged in Past Perfect. $6,599.75 Price of cataloging the Marketing materials for event. museum collection and execute one onsite special event. 4 Fixed Execute third phase Price of cataloging the museum collection and publish an online virtual tour. Report of items cataloged in Past Perfect. $6,599.75 Screenshots of website. Totals $26,399 c) The Grantee has provided an Estimated Project Budget based upon reasonable expenditures projected to accomplish the Grantee's Scope of Work and Deliverables for fiscal year 2024. The Budget provides details of how grant funds will be spent (which is incorporated as part of this Agreement and entitled Attachment A). All expenditures for this agreement shall be in accordance with this budget (Attachment A). d) Change Orders. Should grant expenditures vary from the budgeted grant amount for any category 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, 2023, and shall end June 30, 2024, unless terminated in accordance with the provisions of Section 34 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 Page: 2 GPS/SCP Grant Award Agreement (CAM 42), eff 0712023, CILipter 1 T'-1.036, Florida Administrative Code of the change. For the Division of Arts and Culture: Sarah Stage Florida Department of State R.A.Gray Building 500 South Bronough Street Tallahassee, FL 32399 Phone: 850.245.6459 Email: sarah.stage@dos.myflorida.com For the Grantee: Art Woodruff PO Box 1788 Sanford Florida 32772-1788 Phone: 407.687.3423 Email: art.woodmff@sanfordfLgov 4. Grant Payments. All grant payments are requested by submitting a payment request with documentation that the deliverable has been completed. The total grant award shall not exceed $26,399 which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth by the terms and conditions of the Agreement. The grant payment schedule is outlined below: a) The first payment will be a fixed price in the amount of 25% of the grant award. Payment will be made in accordance with the completion of the Deliverables. b) The second payment will be a fixed price in the amount of 25% of the grant award. Payment will be made in accordance with the completion of the Deliverables. c) The third payment will be a fixed price in the amount of 25% of the grant award. Payment will be made in accordance with the completion of the Deliverables. d) The fourth payment will be a fixed price in the amount of 25% of the grant award. Payment will be made in accordance with the completion of the Deliverables. 5. Electronic Payments. The Grantee may 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 htWs://www.myfloridacfo.com/docs-sf/accounting-and-auditing- libraries/vendors/vendor-relations/dfs-al-26e-direct-deposit-vendors.pdP.sfvrsn=eff728cf_16. 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 Page: 3 GPS/SCP Grant Award Agreement (CAM 42), eff 07/2023, Chapter l T-1.036. Florida Adn-iiistrative Code (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). An updated Substitute W-9 must be on file with www.myfloiidacfo.com prior to release of payment. Grantee should confirm current Substitute W-9 is up to date prior to signing contract. 7. Grant Funds Expenditure Log. The Grantee must submit an expenditure log demonstrating the use of grant funds prior to the release of any subsequent payments. Each log must list all grant expenditures, including check numbers or transaction numbers, payees, dates of payment, check amounts, and associated Deliverables that support the satisfactory completion of services for each payment. The expenditure log details how grant funds were spent to achieve the deliverable(s) during the previous payment period. Expenditure logs will be submitted online with payment requests at JiUs://dosoTants.com. 8. Amendment to Contract. 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. 9. 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 in the amount of 25% of the grant award) will be returned to the State of Florida if any Deliverable is not satisfactorily completed. b) Second payment will be withheld for failure to complete services as identified in the Scope of Work and Deliverables or to submit a Grant Funds Expenditure Log demonstrating appropriate use of state funds. c) Third payment will be withheld for failure to complete services as identified in the Scope of Work and Deliverables or to submit a Grant Funds Expenditure Log demonstrating appropriate use of state funds. d) Fourth payment will be withheld for failure to complete services as identified in the Scope of Work and Deliverables or to submit a Grant Funds Expenditure Log demonstrating appropriate use of state funds. If the grantee has spent less than the total grant award in state funds to complete the Scope of Work, the final payment will be reduced by an amount equal to the difference between state dollars spent and the total grant award. 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. Pursuant to Section 18, the Grantee shall refund to the Division any excess funds paid out prior to reduction of total grant funding. 10. Grant Reporting Requirements. The Grantee must submit the following reports to the Division. All reports shall document the completion of any deliverables/tasks, expenses, and activities that occurred during that reporting period. All reports on grant progress will be submitted online through haps://dosgrants.com. a) Mid -Year Project Progress Report for the grant period July 1 through December 31; first report is Page: 4 GPS/SCP Grant Award Agreement (CAM 42), eff: 07%2023, Cltiapter 1T-1.036, Florida Adrrmustrative Code due no later than January 30 b) Final Report for the grant; the final report is due no later than July 30 11. Matching Funds. Grantees must provide at least one dollar in cash or in-kind (donated goods or services) for every dollar requested from the Division. Some expenses can only be included in the Estimated Project Budget as match. The Division of Arts and Culture will provide exceptions to the financial matching requirements on grants for Rural Economic Development Initiative (REDI) communities that have been designated in accordance with Sections 288.0656 and 288.06561, Florida Statutes and Underserved Cultural Community Development, Artist Performances on Tour, Teaching Artists and Artist Project categories for Specific Cultural Projects. 12. Grant Completion Deadline. The grant completion deadline is June 30 2024. 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 Approved Project Budget. If the Grantee finds it necessary to request an extension of the Grant Completion Deadline, the extension may not exceed 30 days, unless the Grantee can demonstrate extenuating circumstances as described in Section 13 of this Agreement. 13. Extension of the Grant Completion Deadline. An extension of the completion date must be requested at least 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. Prior written approval is required for extensions. 14. Credit Line(s) to Acknowledge Grant Funding. In publicizing, advertising, or describing the sponsorship of the program the Grantee shall include the following statement, or logo made available by the Division, in the same size, type, style, and location as credit to other major donors, in accordance with Section 286.25 Florida Statutes: "Sponsored in part by the State of Florida through the Division of Arts and Culture and the National Endowment for the Arts." 15. Non -allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures (revised 11/2019), which are incorporated by reference and are available online at https://www.myfloiidacfo.com/docs-sf/accounting-and-auditing-libraries/state- agencies/reference-guide-for-state-expendittu-es.1dVsfvrsn=b4cc3337_2, and in compliance with Federal requirements at 2 CFR 200 https://www.ecfr.gov/cwrent/title-2/subtitle-A/chapter-II/part-200?toc=1. In addition, the following are not allowed as grant or matching expenditures: Page: 5 GPS/SCP Grant Award Agreement (CAM 42), eff 07%2023, Cl-kipter 1 T-1.036, Florida Adninistrative Code a) State funds from any source. This includes any income that comes from an appropriation of state funds or grants from the State of Florida. b) Federal funds from any source. c) Funds used as match for other Department of State grants. d) Expenses incurred or obligated outside of the grant period. e) Lobbying or attempting to influence federal, state, or local legislation, the judicial branch or any state agency. f) Capital expenditures (acquisitions, building projects, renovation or remodeling of facilities). Exception: capital expenditures that are directly related to the proposal such as exhibit construction or stage lighting. g) Costs associated with bad debts, contingencies (money set aside for possible expenses), fines and penalties, interest, taxes (does not include payroll taxes), depreciation, and other financial costs including bank fees and charges and credit card fees. h) Private entertainment. 1) Food and beverages. J) Plaques, awards, and scholarships. k) Activities restricted to private or exclusive participation, which shall include restricting access to programs on the basis of sex, race, color, national origin, religion, disability, age, or marital status. 1) Re -granting. m) Contributions and donations. n) Mortgage payments. o) Payments to current Department of State employees. p) Telephone, utilities, office supplies, fixtures, building maintenance, space rental, equipment costing over $1,000 and other overhead and indirect costs. These expenses may only be used as match. q) Travel. 16. Travel. The grantee must pay any travel expenses necessary for the completion of grant activities from local matching funds. 17. International Travel. In accordance with Section 15.182, Florida Statutes (International travel by state -funded musical, cultural, or artistic organizations; notification to the Department of State), the grantee shall notify the Department of State of any international travel at least 30 days before the date the international travel is to commence or, when an intention to travel internationally is not formed at least 30 days in advance of the date the travel is to commence, as soon as feasible after forming such travel intention. Notification shall include date, Page: 6 GPS/SCP Grant Award Ageeimnt (CAM 42), etf 07/2023, Cl-kipter 1T-1.036, Florida Administrative Code time, and location of each appearance. 18. 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. 19. 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, Division of Arts and Culture, 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. 20. Single Audit Act. The grantee is required to complete a Single Audit Act certification form through the Department of State grants management system at https://doses ants.com. Each grantee, other than a grantee that is a State agency, shall submit to an audit pursuant to 2 CFR 200, Subpart F - Audit Requienrn s, and Section 215.97, Florida Statutes. See Attachment B for additional information regarding this requirement. 21. 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. 22. 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. 23. 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 Divisiods Contract Manager for assistance if it receives a public records request related to this Agreement. 24. Noncompliance with Grant Requirements. Any applicant that has not submitted required reports or satisfied other administrative requirements for other Division of Arts and Culture 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 Arts and Culture, the Division of Historical Resources, and the Division of Library and Information Services. Grant Page: 7 GPS/SCP Grant Award Agreement (CAM 42), eff 07/2023, Chapter 1 T-1.036, Florida Administrative Code compliance issues must be resolved before a grant award agreement may be executed, and before grant payments for any OCHIP grant may be released. 25. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance, and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division. c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget. d) The name of the account(s) must include the grant award number; e) The Grantee's accounting records must have effective control over and accountability for all funds, property, and other assets; and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre -audit and post -audit (such as invoices, bills, and canceled checks). 26. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature. 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. 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 Page: 8 GPS/SCP Grant Award Agreement (CA2E142), eff 07/2023, Chapter 1 T-1.036, Florida Administrative Code will not be considered or permitted to be an agents, servants, joint venturers, or partners of the Division. 29. Copyright. If publications, films, or similar materials are developed, directly or indirectly, from a program, project, or activity supported by the grant funds herein, any resulting copyright shall be held by the Grantee. As a condition of grant assistance, the Grantee agrees to and hereby awards to the Department and to its officers, agents, and employees acting within the scope of their official duties, a royalty -free, nonexclusive, and irrevocable license throughout the world for official purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data covered by the copyright. 30. 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; provided that such subcontract has been approved in writing by the Department prior to its execution; 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. 31. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable local, state and federal laws and regulations. The Grantee shall during the term of this Agreement be in strict conformity with all applicable local, state and federal laws and regulations. 32. 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, disability, or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 33. 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. Page: 9 GPS/SCP Gant Award Agreement (CAM 42), eff. 07/2023, Chapter 1'17- 1.036, Florida Administrative Code 34. 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. 35. 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. 36. 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. 37. 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. Government entities shall follow procurement procedures in accordance with Section 287.057, Florida Statutes. All grantees shall maintain documentation demonstrating an open procurement process. 38. 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. 39. 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 Arts and Culture. 40. No Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. Page: 10 GPS./SCP Grant Award Agreement (CA2E142), eff 07/2023, Chapter 1T-1.036, Florida Adnvnistrative Code 41. 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. 42. 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. 43. 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. Page: 11 GPS/SCP Grant Award Agreement (CA2E142), efE 07/2023, Chapter 1T-1.036, Florida Administrative Code 44. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Estimated Project Budget (Attachment A) c) Single Audit Act Requirements and Exhibit I (Attachment B) d) Certification Regarding, Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions (Attachment C) In acknowledgment of Grant Number 24.c.ps.170.565 provided for from funds appropriated in the FY 2024 General Appropriation Act in the amount of $26,399, I hereby certify that I have read this entire Agreement, and will comply with all of its requirements. /f Grantee: Department of State: By: By: - S --� `% Authori2 San,ly,ShaughnAsy,Divi;ionDirector Pant rat Ad - Witncss September 21, 2023 Witness Date Date GPS/SCP Grant Award Agree=nt (CME142), ef£ 0712023, Chapter 1T-1.036, Florida. Adafinistratim Code fig Offial for the Gfantec and title of Authorizing !, Hol. h n ,S- Page: 12 ATTACHMENT A Estimated Project Budget Description Grant Funds Cash Match In Kmd Match Personnel: Programmatic Museum Curator, Assistant Curator, part-time docents $6,000 $204,330 $0 Additional Docent for cataloging $15,000 $0 $0 Subtotals $21,000 $204,330 $0 Outside Fees and Services: Programmatic Web and design services for virtual extubit and online public access $5,399 $0 $0 Subtotals $5,399 $0 $0 Totals $26,399 $204,330 $0 Page: 13 GPS/SCP Grant Award Agreement (CA2E142), eff 07/2023, Chapter 1T-1.036, Florida Administrative Code 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. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. EXHIBIT 1 to this agreement lists the federal resources awarded through the Department of State by this agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of State. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR §§200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR §§200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, the cost of the audit must be paid from non-federal resources (ie., the cost of such an audit must be paid from recipient resources obtained Page: 14 GPS/SCP Grant Award Agreement (CAM 42), eff 07/2023, Chapter l T-1.036, Florida Admi iistrative Code 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 h!W://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. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a state single or project -specific audit for such fiscal year in accordance with section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement lists the state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2. For the audit requirements addressed in Part H, paragraph 1, the recipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. If the recipient expends less than $750,000 in state financial assistance in its fiscal and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the nonstate entity's resources (Le., 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) liap://www.niyfloiidacfo.c o m/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) hUp://www.leg.state.fl.us/ Part III: Report Submission 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and required by Part I of this agreement shall be submitted, when required by 2 CFR §200.512, by or on behalf of the recipient directly to each of the following: Page: 15 GPS/SCP Grant Award Agreement (CAM 42), eff 07/2023, Chapter 1 T-1.036, Florida Ad uiriLstrative Code 1. The Departrnent of State through the httpsJ/dosgrants.comggar" rmnagm=t system 2. The Federal Audit Clearinghouse (FAC) as provided in 2 CFR §200.36 and §200.512. The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2. Copies of financial reporting packages required by Part 11 of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: 1. The Departrrmt of State through the httpsJ/dos,gq!its.com emn s rmnagerrent system 2. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (https://flauditor.govprovides 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 agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, the CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, the CFO, or Auditor General upon request for a period of at least three years from the date the audit report is issued, unless extended in writing by the Department of State. Page: 16 GPS/SCP Grant Award Agreerrcnt (CAM 42), eff 07%2023, Clopter I T-1.036. Florida Adrrwiistrative Code EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NA COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NA STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: $26,399 MATCHING RESOURCES FOR FIDII2AL PROGRAMS: YES SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Florida Department of State, Cultural and Museum Grants, CSFA 45.061. Award Amount: $26,399 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 h1tpsJ/a1ps.fldfs.com/fsaa/. Page: 17 GPS/SCP Grant Award Agreement (CA2E142), eff 07/2023, Cliipter 1"17- 1.036, Florida Adnunistrative Code ATTACHMENT C CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 45 CFR 1183.35, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations may be obtained by contacting the person to which this proposal is submitted. (BEFORE COMPLETING CERTIFICATION, READ ATTACKED INSTRUCTIONS) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or vohmtarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 44 loroall-urt- Name and Title of Authorized Representative -Z6 z Signature Date GPS/SCP Cuant Award Agreeirent (CAM142), eff 07/2023, Chapter IT -1.036, Fbrida Adrri istrative Code Page: 18 a,.iF�Rp so lCITY OF WS RM X U Sk�4FORD FLORIDAF*7 APPROVED CITY COMMISSION MEMORANDUM 23.159 AUGUST 28, 2023 AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: Jerry Sullivan, Recreation Manager SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM,�y;m ger SUBJECT: Agreement; General Program Support Grant; Sad rd Museum; Florida Department of State; Budget Amendment Resolution No. 2023-3156; $26,399 STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Approve Resolution No. 2023-3156, amending the FY 2022/2023 budget and approve the General Program Support Grant in the amount of, $26,399, is requested FISCAL/STAFFING STATEMENT: Project funds will come from a grant awarded by the State of Florida, Department of State, Division of Cultural Affairs reflecting the award of the General Program Support grant, grant number 24.c.ps.170.565, in the amount of $26,399 to be dispersed in four equal increments of $6,599.75 in support of the Sanford Museum GPS 2024 Project. BACKGROUND: Upon application by City staff, the State of Florida, Department of State, Division of Cultural Affairs, awarded the City a General Program Support Grant in the amount of $26,399. The funds are to be used exclusively for the "Sanford Museum GPS 2024" Project to include the completion of the introductory package of requirements followed by three phases of cataloging the museum collection. The Project will be completed by June 30, 2024. The General Program Support Grant Agreement implementing the award of the grant must now be entered. The proposed Budget Amendment Resolution No. 2023-3156 also authorized implementing administrative actions relative to the Sanford Museum GPS 2024 Project. LEGAL REVIEW: The City Attorney's office has reviewed and otherwise assisted in this agenda item and has no legal objections to the proposed actions. RECOMMENDATION: City staff recommends that the City Commission adopt Resolution No. 2023-3156. SUGGESTED MOTION: "I move to adopt Resolution No. 2023-3156, as proposed." Attachments: (1). Resolution No. 2023-3156 with budget amendment form. (2). General Program Support Grant Agreement. Resolution No. 3156 A Resolution of the City of Sanford, Florida, amending the City's annual operating budget for the fiscal year beginning October 1, 2022 and ending September 30, 2023; providing for implementing administrative actions; providing for a savings provision; providing for conflicts; providing for severability and providing for an effective date. Whereas, the Commission of the City of Sanford, Florida has adopted an annual operating budget for the fiscal year beginning October 1, 2022 and terminating on September 30, 2023 specifying certain projected revenues and expenditures for the operations of Sanford municipal government; and Whereas, the City's budget presumes that each department generally will, to the best of their ability, maintain its expenditures within its allocated budgeted level and exercise prudence in expending funds during the course of the City's fiscal year; and Whereas, from time -to -time circumstances and events may require that the original City budget may need revision; and Whereas, the City Commission, in its judgment and discretion, has the authority to adjust the budget to more closely coincide with actual and expected events. Now, therefore, be it adopted and resolved by the City Commission of the City of Sanford, Florida as follows: Section 1. Adoption of Budget Amendment. The annual operating budget of the City of Sanford for the fiscal year beginning October 1, 2022 and terminating on September 30, 2023 is hereby revised and amended by Attachment "A". The Attachment is hereby incorporated into this Resolution as if fully set forth herein verbatim. Except as amended herein, the annual operating budget for the City of Sanford for fiscal year beginning October 1, 2022 and terminating on September 30, 2023 shall remain in full force and effect. Section 2. Implementing administrative actions. The City Manager, or designee, is hereby authorized and directed to implement the provisions of this Resolution by means of such administrative actions as may be deemed necessary and appropriate. Section 3. Savings. The prior actions of the City of Sanford relating to the adoption of the City budget and related activities are hereby ratified and affirmed. Section 4. Conflicts. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed. Section 5. Severability. If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. Section 6. Effective Date. This Resolution shall become effective immediately upon enactment. 5 Passed and adopted this 28th day of August, 2023. Attest: City San cKtm L& Y U 'F/ W" Traci Houchin, MMC, FCRM'-` City Clerk For use and reliance of the Sanford City Commission only. Approved as to form and legality. William Colbert, City Attorney Commission rd i I Art Woodruff, the City of r ATTACHMENT A REQUEST FOR BUDGET AMENDMENT Fiscal Year 2022-2023 Department: Parks & Recreation Division: Recreation CHANGES IN REVENUES REVENUE ACCOUNT NUMBER Current Fund Revenue Act Cd Ele Project # Revenue Account Intle Budget 001 0000 334 60 01 State Grants Cultural Affairs $ - $ Date 8116/2023 S 26.399 Entry Date: Batch Number: 8116/2023 Document #: BA 11-110 TOTAL CHANGES IN REVENUES $ 26,399 CHANGES IN EXPENDITURES EXPENDITURE ACCOUNT NUMBER Fund DpVDiv Activity Obj 001 5052 573 13 Current Ele Project 9 Expenditure Account Title Budget 00 Part Time Wages Current Amount of Balance Change 21,000 Remaining Balance 001 5052 573 46 00 Repair & Maintenance 5,399 TOTAL CHANGES IN EXPENDITURES $ 26,399 REASON FOR AMENDMENT: $26,399 General Program Support Grant DIRECTOR APPROVAL: 1,ra,7°hes FINANCE APPROVAL: e� , CITY MANAGER APPROVAL: CITY COMMISSION AGENDA DATE: 1 A I I (If . O(� I ( DATE: DATE: DATE: APPROVED y Aug 16, 2023 8/16/23 ' Entry Date: Batch Number: 8116/2023 Document #: BA 11-110