HomeMy WebLinkAbout24380AGREEMENT INFORMATION
AGREEMENT NUMBER
24380
NAME/TYPE OF AGREEMENT
STATE OF FLORIDA DIVISION OF CULTURAL AFFAIRS
DESCRIPTION
GRANT AGREEMENT/GENERAL PROGRAM SUPPORT 2021 -
$7,591/#71
EFFECTIVE DATE
July 1, 2020
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
10/23/2020
DATE RECEIVED FROM ISSUING
DEPT.
4/28/2023
NOTE
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Park and Recreation
DEPT. CONTACT PERSON: LaCleveia Morley EXT. 305.900.3
01J-{3So
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: State of Florida, Division of Cultural Affairs
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? D YES NO
TOTAL CONTRACT AMOUNT: $ 7,591.0o FUNDING INVOLVED? ❑■ YES ❑ NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
M GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY) N/A
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
PURPOSE OF ITEM (BRIEF SUMMARY): Grant award to support general cultural arts programming in 2021.
COMMISSION APPROVAL DATE: / /
FILE ID: ENACTMENT NO.:
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: City Manager is authorized up to 50K to
accept donations.
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
8/26/2020
PRINT: Lara Hamwey
SIGNATURE:Hamwey, Lara'='pp.��; ;°s �;ar
SUBMITTED TO RISK MANAGEMENT
PRINT: ANN-MARIE SHARPE
: Digitally signed by Terry M.
,Deaade
SIGNATURE: •. Date: 2020.08.2707:45:53
SUBMITTED TO CITY ATTORNEY
PRINT: VICTORIA MENDEZ
Min, Barnab ppzo�'3031
SIGNATURE: ya°'0e
APPROVAL BY ASSISTANT CITY MANAGER
e,22/' 7
11/ 2.
PRINT:Dr. Nzeribe Ihekwaba .—
A�SIGNATURE:
RECEIVED BY CITY MANAGER
PRINT: ART NORIEGA
SIGNATURE:
PRINT: 4 i 7 ,?I' a ivtC)
SIGNA ' .11I
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
1) ONE ORIGINALK;; TO CITY CLERK
2) ONE COPY TO CITY ATTORNEYS OFFICE,
3) REMAINING ORIOINAL(Sj TOTOR.GINATING
DEPARTMENT}
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
Agreement Between
The State of Florida, Department of State
And
City of Miami
This Agreement is by and between the State of Florida, Department of State, Division of Cultural Affairs hereinafter
referred to as the "Division," and the City of Miami hereinafter referred to as the "Grantee."
The Grantee has been awarded a General Program Support grant by the Division, grant number 21.c.ps.180.101 for
the project "General Program Support 2021" in the amount of $7,591. Funds for this grant have been appropriated in
the FY 2021 General Appropriations Act on line 3180. The Division has the authority to administer this grant in
accordance with Section 265.286, 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 "General Program Support 2021" project, the
public purpose for which these fiords 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 a minimum of three (3) events.
All tasks associated with the project will be completed by June 30, 2021.
b) The Grantee agrees to provide the following Deliverables and Performance Measures related to the
Scope of Work for payments to be awarded.
#
Payment
Type
Deliverable Documentation
Description
Payment
Amount
1
Fixed
Price
Complete the Introductory package of requirements includes:
introductory Timeline of grant activities for the grant period (e.g.,
package of Calendar of Events, Season Schedule, etc.) and
requirements for the : Grants Management Quiz Completion Confirmation
implementation of for participation in a DCA Grants Management
the Scope of Work. Webinar.
$1,897
2
Fixed
Price
Execute a minimum Provide marketing materials and/or program(s).
of one (1) event.
$1,897
3
Fixed
Price
Execute a minimum Provide marketing materials and/or program(s).
of one (1) event.
$1,897
4
Fixed
Price
Execute a minimum Provide marketing materials and/or program(s).
of one (1) event.
$1,900
Page: 1
Grant Award Agreernent (CA2 E 142), elf 04/2020,
Chapter 1T-1.036, Florida Administrative Code
Totals
$7,591
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 2021. 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 exceed 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, 2020, and shall end June 30, 2021, unless
terminated in accordance with the provisions of Section 33 of this Agreement. Contract extensions will not be
granted unless Grantee is able to provide substantial written justification and the Division approves such
extension. The Grantee's written request for such extension must be submitted to the Division no later than
thirty (30) days prior to the termination date of this Agreement.
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 Cultural Affairs:
Summer Callahan
Florida Department of State
R.A.Gray Building
500 South Bronough Street
Tallahassee, FL 32399
Phone: 850.245.6356
Email: summer.callahan@dos.myflorida.com
For the Grantee:
Lillian Blondet
444 S.W. 2nd Avenue 5th Floor Miami Florida 33130-1910
Phone: 305.416.1536
Email: Iblondet@miamigov.com
4. Grant Payments. All grant payments are requested by submitting a payment request with documentation that
Page: 2
Grant Award Agccrnent (CA2E142), elf 04/2020,
Chapter IT- 1.036, Florida Administrative Code
the deliverable has been completed.
The total grant award shall not exceed $7,591 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 https://www.myfloridacfo.com/Division/AA/Forms/DFS-A1-26E.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).
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 www.dosgrants.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
Page: 3
Grant Award Agreement (CA2E142), etl: 04, 2020,
Chapter 1 T-1.036, Florida Administrative Code
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 17, 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 www.dosgrants.com.
a) Mid -Year Project Progress Report for the grant period July 1 through December 31; first report is
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 Cultural Affairs 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.
12. Grant Completion Deadline. The grant completion deadline is June 30 2021. 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 funds 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
Page:4
Grant Award Ageerrrent (CA2E142), etf 04/2020,
Chapter 1T-1.036, Florida Administrative Code
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:
"This project is sponsored in part by the State of Florida, Depattiuent of State, Division of Cultural Affairs and
the Florida Council on Arts and Culture (Section 286.25, Florida Statutes)."
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.myfloridacfo. com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. In
addition, the following are not allowed as grant or matching expenditures:
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) Funds used as match for other Department of State grants.
c) Expenses incurred or obligated before July 1 or after the grant period.
d) Lobbying or attempting to influence federal, state or local legislation, the judicial branch or any state
agency.
e) Building, renovation, or remodeling of facilities. Exception: capital expenditures that are directly related
to the proposal such as exhibit construction or stage lighting.
f) Costs associated with bad debts, contingencies, fines and penalties, interest, taxes, and other financial
costs.
g) Private entertainment.
h) Food, and beverages.
i) Plaques, awards, and scholarships.
j) 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.
k) Re -granting.
1) Contributions and donations.
m) Mortgage payments.
Page: 5
Grant Award Agreement (CA2E142), etf. 04/2020,
Chapter 1T-1.036, Florida Administrative Code
n) Payments to current Department of State employees.
o) Telephone, utilities, office supplies, property improvements, fixtures, building maintenance, space rental,
equipment costing over $1,000 and other overhead and indirect costs. These expenses may only be used
as match.
p) 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 Economic Opportunity), 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, 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, Attention: Summer Callahan, Division of Cultural Affairs, 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. Each grantee, other than a grantee that is a State agency, shall submit to an audit pursuant to
Section 215.97, Florida Statutes. See Attachment B for additional information regarding this requirement.
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,
Page: 6
Grant Award Agreerrrn (CA2E142), et£ 04/2020,
Chapter IT-1.036, Florida Administrative Code
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 Division's 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 Cultural Affairs 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.
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.
Page: 7
Grant Award Agreement (CA2E142), ef 04/2020,
Chapter 1T-1.036, Florida Administrative Code
27. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers,
agents, and employees, in performance of this Agreement, shall act in the capacity of independent contractors
and not as officers, agents, or employees of the state. The Grantee is not entitled to accrue any benefits of
state employment, including retirement benefits and any other rights or privileges connected with employment
by the State of Florida.
28. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred
in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to
provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for
any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to
its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the
necessary steps to ensure that each of its subcontractors will be deemed to be "independent contractors" and
will not be considered or permitted to be 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.
Page: 8
Grant Award Ageement (CA2E142), et£ 04/2020,
Chapter IT- t .036, Florida Administrative Code
31. 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.
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.
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 a competitive procurement process.
Page: 9
Grant Award Agreeni nt (CA2E142), eft 04/2020,
Chapter IT-1.036, Florida Administrative Code
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 Cultural Affairs.
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.
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: 10
Grant Award Agreement (CA2E142), etf. 04/2020,
Chapter 1 T-1.036, Florida Adrnalistratn-e 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)
In acknowledgment of Grant Number 21.c.ps.180.101 provided for from funds appropriated in the FY 2021
General Appropriation Act in the amount of $7,591, I hereby certify that I have read this entire Agreement,
and will comply with all of its requirements.
Depaitiuent of State:
By:
Sandy Shaughnessy, Division Director
Witness
Date
Grantee:
By:
Authorizing Official for the Grantee
Print name and title of Authorizing Official
Witness
Date
Page: 11
Grant Award Agrcement (CA2E142), elf 04/2020,
Chapter 1'T-1.036, Florida Administrative Code
ATTACHMENT A
Description
Grant Cash In Kind
Funds Match Match
Personnel: Technical/Production
MJM Productions- Lighting
$O $2,100 $0
Lacoste Music - DJ $0
$1,200 $0
Graphic Editor
$1,090.50
Cameraman
$1,000
Otomix by Guy- Sound Engineering $2.100
Subtotals
$2,100 j $5,390.50 $0
Outside Fees and Services: Programmatic
Rara Lakay - Street Band $2,100
$0 $0
Nancy St. Leger NSL Danse Ensemble $1,000
$0 $0.
Mecca - MC Host for all Sounds of Little Haiti events $900
$0 $0
Subtotals
S4,000 S0 SO
Space Rental
Rental of the LHCC Courtyard ($520 per event rental fee)
S0 SO 56,250
Rental of the LHCC Courtyard ($500 per event rental fee)
$2,000
Rental of the LHCC Courtyard ($500 per event rental fee)
$2,000
Rental of the LHCC Courtyard ($500 per event rental fee)
$2,000
Subtotals
SO $0 S12.250
Marketing
Pikliz (Carribbean community targeted ads- traditional marketing targeted
toward older audiences.)
$0 $200.50 $0
1580 AM (radio ads) $570.50
L'Union Suite (Haitian -American lifestyle blog. Social media marketing
targeting millenials and younger markets.
$920.50
$0 $0
Page: 12
Grant Award Agreement (CA2E142), Or 04/2020,
Chapter 1 T 1.036, Florida Adtnuiiitrative Code
Description
Grant Cash In Kind
Funds Match Match
Subtotals $1, 491
$200.50 $0
Remaining Proposal Expenses
Rental of the LHCC Courtyard ($500 per event rental fee) $2,000
Subtotals
SO SO $2,000
Totals $7,591
$5,591 $14,250
Page: 13
Grant Award Agreement (CA2E142), elt 04/2020,
Chapter 1 T-1.036, Florida AdiYnwtratiw 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 Depattment of State. In the event the Department of State
determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional
instructions provided by Department of State staff to the recipient regarding such audit. The recipient further agrees to
comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief
Financial Officer (CFO) or Auditor General.
Audits
Part I: Federally Funded
This part is applicable if the recipient is a state or local government or a nonprofit organization as defined in 2 CFR
§200.90, §200.64, and §200.70.
1. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program -
specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements.
EXHIBIT 1 to this agreement lists the federal resources awarded through the Department of State by this
agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources
of federal awards, including federal resources received from the Department of State. The determination of
amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR
§§200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of
2 CFR §200.514 will meet the requirements of this Part.
2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to
auditee responsibilities as provided in 2 CFR §§200.508-512.
3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. If the recipient
expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in
accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, the cost of the audit must be
paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained
Page: 14
Grant Award Ageement (CA2E142), elf. 04/2020,
Chapter 1 T 1.036, Florida Administrative 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 www.ecfr.gov
Part II: State Funded
This part is applicable if the recipient is a nonstate entity as defined by section.215.97(2), F.S.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient
must have a state single or project -specific audit for such fiscal year in accordance with section 215.97, F.S.;
Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and
10.650 (nonprofit and for -profit organizations), Rules of the Auditor GeneraL EXHIBIT 1 to this agreement lists
the state financial assistance awarded through the Department of State by this agreement. In determining the state
financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial
assistance, including state financial assistance received from the Depaitnient of State, other state agencies, and
other nonstate entities. State financial assistance does not include federal direct or pass -through awards and
resources received by a nonstate entity for federal program matching requirements.
2. For the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies
with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting package as
defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and
for -profit organizations), Rules of the Auditor General.
3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending
June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of section 215.97, F.S., is
not required. If the recipient expends less than $750,000 in state financial assistance in its fiscal and elects to
have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be
paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's
resources obtained from other than state entities).
The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this
agreement and the interpretation of compliance issues.
State of Florida Department Financial Services (Chief Financial Officer)
http://www.myfloridacfo.com/
State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act)
http://www.leg.state.fl.us/
Part III: Report Submission
1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit
Requirements, and required by Part I of this agreement shall be submitted, when required by 2 CFR §200.512,
by or on behalf of the recipient directly to each of the following:
Page: 15
Grant Award Agreement (CA2E142), elf. 04/2020,
Chapter 1 T-1.036, Florida Administrative Code
1. The Department of State at each of the following addresses:
Office of Inspector General
Florida Department of State
R. A. Gray Building, Room 114A
500 South Bronough St.
Tallahassee, FL 32399-0250
2. The Federal Audit Clearinghouse (FAC) as provided in 2 CFR §200.36 and §200.512.
The FAC's website provides a data entry system and required forms for submitting the single audit
reporting package. Updates to the location of the FAC and data entry system may be found at the OMB
website.
2. Copies of financial reporting packages required by Part II of this agreement shall be submitted by or on behalf
of the recipient directly to each of the following:
1. The Department of State at each of the following addresses:
Office of Inspector General
Florida Department of State
R. A. Gray Building, Room 114A
500 South Bronough St.
Tallahassee, FL 32399-0250
2. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General's website (httpsi/flauditor.gov/) provides instructions for filing an electronic copy of
a financial reporting package.
3. Any reports, management letters, or other information required to be submitted to the Department of State
pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S.,
and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for -profit organizations), Rules of
the Auditor General, as applicable.
4. Recipients, when submitting financial reporting packages to the Department of State for audits done in
accordance with 2 CFR 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental entities)
and 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that
the reporting package was delivered to the recipient in correspondence accompanying the reporting package.
Part V: Record Retention
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s) and this
Page: 16
Grata Award Agreetr nt (CA2E142), eff. 04/2020,
Chapter 1T 1.036, Florida Administrative Code
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: 17
Grant Award Agreement (CA2E142), etf. 0412020,
Chapter 1T 1.036, Florida Administrative 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:
MATCHING RESOURCES FOR FEDERAL PROGRAMS: YES
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Florida Department of State, Cultural and Museum Grants, CSFA 45.061. Award Amount: $7,591
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT
TO THIS AGREEMENT ARE AS FOLLOWS:
The compliance requirements of this state project may be found in Part Four (State Project Compliance
Requirements) of the State Projects Compliance Supplement located at https://apps.fldfs.com/fsaa/.
Page: 18
Grant Award Agreenxnt (CA2 E 142), elf 04/2020,
Chapter 1 T-1.036, Florida Adrnuvst niti e Code
v
State Of Florida
Department of State, Division of Cultural Affairs
Grant Agreement
CITY OF MI I, a Florida Municipal Corporation
By:
Arthu Noriega V
Date: �()
Attest:
Todd Hannon.
of
Date: I D (X6 (a0a.b
Approved as to FormanCdorectness:
Min, Barnab 6amaby
Y Dte: 2020., 0.07
B y : 09:29:35 -04'00'
Victoria Mendez, City Attorney
Date: 10/7/2020
Approved as to Inswosemirements:
Date: 2020.08.27
B y : 07:45:06 -04'00'
Ann -Marie Sharpe, Risk Management
Date:
Approved as to Pr a yrpmJtic Requirements:
Hamwey, Hamwey, Lava
Lara Date.2020.08.26
By; 09:59:36 -04'00'
Lara DeSouza Hamwey, Parks and Recreation
Date: 8/26/20
bcg