R13-128 RESOLUTION NO. R13 -128
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING
THE GRANT AWARD IN THE AMOUNT OF $28,552
s. AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE HISTORIC PRESERVATION GRANT
AWARD AGREEMENT AND ALL ASSOCIATED
DOCUMENTATION BETWEEN THE CITY OF
111 BOYNTON BEACH AND STATE OF FLORIDA,
1 DEPARTMENT OF STATE, DIVISION OF HISTORICAL
1. , RESOURCES; AND PROVIDING AN EFFECTIVE
1 DATE.
1 •.
1 ;. WHEREAS, the City has been awarded a grant to fund a heritage education program
1 comprised of several elements which will benefit school children, residents, visitors and the
1 local economy; and
1. WHEREAS, this grant will allow the City to implement the first stage of what will be
21 a long term commitment to the promotion of heritage education; and
2 WHEREAS, upon recommendation of staff, the City Commission has determined
2, that it is in the best interests of the residents of the City to accept the Grant in the amount of
2 $28,552 and authorize the City manager to execute the Historic Preservation Grant Award
2 Agreement and all associated documentation between the City Of Boynton Beach and State
2' Of Florida, Department Of State, Division Of Historical Resources.
2: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
2 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2; Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
2' being true and correct and are hereby made a specific part of this Resolution upon adoption
3s hereof.
\ \apps3 city cbb \auto\Data \196\Items \188\2745\ 3557 \Reso_ -_ Accept_ Historical_ Preservation_Grant(2013) doc
II
1 Section 2. The City Commission of the City of Boynton Beach, Florida does
2 hereby accept the Grant in the amount of $28,552 and authorize the City manager to execute
3 the Historic Preservation Grant Award Agreement and all associated documentation between
4 the City Of Boynton Beach and State Of Florida, Department Of State, Division Of Historical
Resources, a copy of which is attached hereto as Exhibit "A ".
i
Section 3. This Resolution shall become effective immediately upon passage.
: PASSED AND ADOPTED this 19 day of November, 2013.
11 CITY OF BOYNTON BEACH, FLORIDA
1 _/
1 : M / or —J- T. y1t1 J
1
1 ∎ 4 - ■4 - 1 - Woodrow L.
1'
1; -N
li 1 om - s i ner — David T. Merker
2'
2
2' Co missioner — 'chael M. Fitzpatrick
2;
2.
2 . Co missioner — Joe Casello
2•• ATTEST:
2 '
2.;
a M. p 3i � �
3 Jan t M. Prainito, MMC
3' "iyClerk
3:
3 4 0 Y .Q
3 . i • • . ,'�`f- .
3'
0 V
ti � ..
TO N, 6
\ \apps3 city cbb\ auto\ Data \196\ Items\ 188\ 2745\ 3557 \Reso_- _Accept_Historical_ Preservation Grant (2013) doe
Page 1 of 17
RL3 - Ia8
Historic Preservation Grant Award Agreement
Community Education Project Grants (Non- Matching)
Reimbursement Payment Schedule
Grant No. F1303
This AGREEMENT is between the State of Florida, Department of State, Division of Historical Resources,
hereinafter referred to as the Department, and the City of Boynton Beach, Development Department, hereinafter
referred to as the Grantee, relative to the Boynton Beach Heritage Education Program, hereinafter referred to as
the Project
The Department is responsible for the administration of grants -in -aid assistance for historic preservation purposes
under the provisions of Section 267 0617, Florida Statutes The Grantee has applied for grant -in -aid assistance for
the Project The application, incorporated by reference has been reviewed and approved in accordance with Chapter
1,4-39 Florida Administrative Code, which regulates Historic Preservation Grants -in -Aid Pursuant to Line Item
N umber 3116, contained in the 2013 — 2014 General Appropriations Act, SB -1500, Laws of Florida, the Department
enters into this Agreement with the Grantee under grant number F1303 for the purposes as described in Section
Subject to the limitations set forth in this Agreement, grant -in -aid funds in the amount of $28,552 (twenty -eight
thousand, five hundred fifty -two dollars) have been reserved for the Project by the Department The Department
and the Grantee agree as follows
I The Project shall include the following Approved Scope of Work
In order to establish a multi- faceted Heritage Education Program for the City of Boynton Beach, the Project shall
include the following Approved Scope of Work
A The Grantee shall develop a Downtown Heritage Trail, a Cemetery Heritage Trail, and supporting media
with the following components
a Research for the trails, accompanying brochures, and online components to be conducted by the
City's Library Archivist and City staff,
b Production and installation of twelve (12) outdoor free - standing information boards Sign
manufacturing services (and installation services, if applicable) will be procured in accordance
with Section V A 2 of this Grant Award Agreement,
c Production and printing of brochures indicating the routes of the heritage trails Brochures will be
available free of charge and will include QR codes which will link to the online educational
system A total of 15,000 brochures will be produced during this grant period
10,000 11"x17" full color tri -fold Downtown Heritage Trail brochures ,
ii 5,000 8 5 "xl 1" full color tn.-fold Cemetery Heritage Trail brochures,
111 Printing services will be procured in accordance with Section V A 2 of this Grant Award
Agreement,
d Production and implementation of a free online educational system accessible via both computer and
smartphone,
B Draft versions of signage and brochures and proposed signage locations and installation specs will be
submitted to the Division no later than January 31, 2014, for review and comment,
C Proof of concept for the online educational system will be submitted to the Division no later than April 30,
2014 This must include documentation of compatibility with 'Phone, Android, and Windows
smartphones,
D Production proofs of the signage will be submitted to the Division no later than April 30, 2014,
E Photographs of the installed signage will be submitted to the Division no later than July 31, 2014, as final
products,
F Fwo copies of each brochure will be submitted to the Division no later than July 31, 2014, as final
products,
G fhe online educational system will be fully functional and active, and notification of such will be
submitted to the Division no later than May 31, 2014,
H Progress and Expenditure Reports will be submitted to the Division on a regular basis and all proposals
and contracts for consultant services shall be submitted by the Grantee to the Division for review and
approval, prior to the execution of the contract, as specified in this agreement, final Progress and
Expenditure Report is due no later than July 31, 2014, and
I Any grant product deadlines indicated in this section (excluding Project Progress and Expenditure Report
deadlines) must be incorporated into the applicable contract(s) for goods and services Unless
otherwise specified, all drafts and final products must be submitted in hard copy
II Approved Project Budget
A In carrying out individual work items within the Approved Scope of Work, expenditures of grant funds
and contributions of match resources shall be consistent with the following Approved Project Budget:
Budget Description Grant Funds
Item
Number
1 Information technology — development of online educational system $13,110
2 Sign production and installation $13,600
3 Brochure Printing $1,842
Total $28,552
DOS Form No HR3E1208GAASM
Reference Rule IA -39 009(1)(b), FAC
Page 2 of 17
B Should grant expenditures exceed the budgeted grant amount for any work item by more than 20 %, the
Grantee shall be required to submit a proposal for revision of the Approved Project Budget with a written
explanation for the reason(s) for deviation(s) from the original Approved Project Budget to the
Department for review and written approval
III The Grantee agrees to administer the Project in accordance with the GENERAL AND SPECIAL
CONDITIONS GOVERNING SMALL MATCHING GRANTS AND THE ADMINISTRATIVE
INSTRUCTIONS FOR HISTORIC PRESERVATION PROJECT ACCOUNTABILITY as outlined in
Section IV and V, Chapter IA -39, Florida Administrative Code, and the following specific conditions
A This grant becomes effective on July 1, 2013 and ends on June 30, 2014 This agreement must be signed
by the grantee and received in Department offices by November 30, 2013, to avoid forfeiture of award
Project initiation (encumbrance of funds), as evidenced by grantee execution of a binding contract for all
or part of the Approved Scope of Work in Section I above, shall occur by December 31, 2013, except as
allowed in C and D below All grant funds and match shall be expended and all project work shall be
completed by June 30, 2014, except as allowed in E below
B The Grantee agrees to submit the Final Products and the "Final Project Progress & Expenditure Report"
incorporated herein by reference and available online at iiiiii ilhcntase Lom /giants, as specified in
Section VI, Subparagraph B 2 , by July 31, 2014 No costs incurred prior to July 1, 2013 are eligible for
payment from grant funds No costs incurred after June 30, 2014 are eligible for payment, except as
allowed in E below
C Encumbrance Deadline Extension A one -time thirty (30) day extension of the encumbrance deadline may
be granted by the Department if requested in writing by the Grantee To be eligible for this extension, the
Grantee must demonstrate to the satisfaction of the Department that encumbrance of grant funding and the
required match by binding contract(s) is achievable by January 31, 2014 The Grantee's written request
for extension of the encumbrance deadline must be submitted to the Department no later than October 31,
2013 No further extension of the encumbrance period shall be granted. Small Matching Grant
projects for which full encumbrance of grant funding is not accomplished by the extended encumbrance
end date will be terminated by the Department and all grant funds not expended by the Grantee in
accordance with the provisions of the Historic Preservation Grant Award Agreement by the extended
encumbrance period end date will be reallocated in accordance with Subsection IA -39 008(16), Florida
Administrative Code
D Encumbrance Deadline Exception For projects not involving contract services (e g , archaeological or
other research projects conducted by universities, projects conducted by staff within State Parks, or small
development projects involving repairs undertaken by volunteers), the grantee and the Department shall
consult on a case -by -case basis to develop an acceptable encumbrance schedule
E Grant Period Extension A one -time thirty (30) day extension of the Grant Period may be granted by the
Department if requested in writing by the Grantee To be eligible for this extension, the Grantee must
demonstrate to the satisfaction of the Department that project work is progressing at a rate that completion
is achievable within the extended grant period The Grantee's written request for extension must be
submitted to the Department no later than thirty (30) days prior to the termination date of this Historic
Preservation Grant Award Agreement No further extension of the grant period shall be granted.
F The Department shall not assume any liability for the acts, omissions to act or negligence of the Grantee,
its agents, servants or employees, nor shall the Grantee exclude liability for its own acts, omissions to act
or negligence to the Department The Grantee hereby agrees to be responsible for any injury or property
damage resulting from any activities conducted by the Grantee, its agents, servants or employees
G The Grantee, other than a grantee which is the State or agency or subdivision of the State, agrees to
indemnify and hold the Department harmless from and against any and all claims or demands for
damages, including attorney fees and court costs, resulting from personal injury, including death or
damage to property, arising out of any activities performed under this Agreement, omissions to act or
negligence of the Grantee, its agents, servants, or employees and shall investigate all claims at its own
expense
H The Grantee shall designate a Project Manager to serve as liaison with the Department for all
administrative requirements set forth in this Agreement The designated Project Manager for the Project
is
Name Warren Adams
Mailing Address 100 E Boynton Beach Boulevard
City Boynton Beach, FL Zip Code 33425
Daytime Telephone (561) 742 -6757 FAX (561) 742 -6259
E -mail adamsw(a,bbfl us
DOS Form No HR3E1208GAASM
Reference Rule 1A -39 009(1)(b), FAC
Page 3 of 17
1 The Project Schedule shall include but not be limited to the estimated milestone dates of the following,
date of consultant/vendor solicitation, date of manuscript completion, date of graphic design completion,
date of submission of draft product(s) to the Department for review and approval, printing bid date,
delivery of final product It shall be the responsibility of the Grantee to provide Department grants staff
with timely update of the Project Schedule if adjustment becomes necessary Changes to the Project
Schedule will require review and approval by the Department Payment may be requested upon
completion of activities as outlined in the Project Schedule and in accordance with approved project
budget as outlined in II A
First Payment
Project Initiation
July 1, 2013 to October 31, 2013
Grantee will sign and return to the Department
a Two (2) copies of this Agreement,
b Two (2) copies of Attachment A (Single Audit Act), and
c Documentation of online application for the Florida Substitute Form W -9 (instructions and
form available from the Florida Department of Financial Services website at
http,
/if iidoi m 11ondaLlo Lom )
Second Payment
Project Development
November 1, 2013 to January 31, 2014
a Grantee will initiate research for the trails, brochures, and online components A project status
report will be submitted by the City's Library Archivist which indicates the research conducted
during the first quarter of the grant,
b Grantee will have initiated procurement processes (see section VA 3 a of this Agreement) for
the production and printing of the brochures and the design, production, and installation of the
signs,
1 Quotes received by this date will be submitted to the Division for approval,
ii Following Division approval, the grantee will execute contracts for items above and
submit copies of the executed contracts to the Division,
c Final contracts (signs and installation) signed and copies submitted to Division staff,
d Draft versions of signs and brochures and proposed sign locations and installation specs
submitted to the Division for review and approval Production of signs and brochures cannot
proceed until drafts have been approved
Third Payment
Continued Project Development
February 1, 2014 to Aprzl 30, 2014
a Proof of concept for the online educational system submitted to the Division for review and
approval Online educational system cannot be released/made active until approved,
b Production proofs of signage submitted to the Division for review and approval Final signage
cannot be produced or installed until proofs are approved
Final Payment
Project Completion
May 1, 2014 to July 31, 2014
a Submit three (3) final copies of each brochure to the Division,
b Online educational system fully functional and active (website address to be submitted to
Division for linking /viewing),
c All press releases and other promotional materials associated with project to be submitted to the
Division,
d Submit photographs of installed signage to the Division
2 Any proposed modification to the Project Schedule will require review and approval by the
Department
J The Grantee shall be solely 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, as specified
in Section V, Subparagraph A 3, 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
K The Grantee agrees that all acts to be performed by it in connection with this Agreement shall be
performed in strict conformity with all applicable laws and regulations of the State of Florida
DOS Form No HR3E1208GAASM
Reference Rule IA -39 009(1)(b), FAC
Page 4 of 17
L The Grantee shall coordinate consultation between its professional consultants and appropriate
Department staff representatives as necessary to assure mutual understanding of and agreement on the
objectives, requirements, and limitations of the Project in relation to the State Historic Preservation
Program
M Sills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a
proper pre -audit and post -audit thereof The Grantee shall not charge the Department for any travel
expense without the Department's prior written approval Upon obtaining the Department's written
approval, the Grantee shall be authorized to incur travel expenses for airfare, vehicle rental, mileage and
lodging to be reimbursed in accordance with Section 112 061, Florida Statutes Per diem for meals is not
an allowable grant expenditure or contribution to the required match
N The Grantee recognizes that the State of Florida, pursuant to Section 212 08(6), Florida Statutes, is not
required to pay taxes on any goods or services that may be provided to it pursuant to this Agreement
O The Department's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature In the event that the state funds on which this Agreement is dependent
are withdrawn, this Agreement is terminated and the Department has no further liability to the Grantee
beyond that already incurred by the termination date in the event of a state revenue shortfall, the total
grant shall be reduced in proportion to the revenue shortfall
P The Department shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of
collection related to the grant
Q The products of the Project must be the original work of the Grantee or its consultants If the work of
others is used as background information, it shall be appropriately credited to the originator
R The Grantee shall submit complete proposal solicitation documents, including specifications to the
Department for review and approval prior to the execution of any contracts
IV. General and Special Conditions Governing Grants
All expenditures in connection with projects approved for assistance under the historic preservation grant program
are subject to the provisions of Chapter 267, Florida Statutes, the National Historic Preservation Act of 1966, as
amended, other applicable State and Federal laws, rules and regulations, the general conditions listed below, and
special conditions attached to the Agreement
Applicability
These conditions are applicable to the Grantee and to any consultants, contractors, or employees to which grant -in-
aid funds are paid (including but not limited to architects, engineers, archaeologists, historians, contractors,
construction managers, suppliers, vendors, etc) Failure by the Grantee to comply with the conditions of grant
assistance will be considered to be noncompliance
A. General Conditions
1 Grantee Publicity Requirements. In order to insure a wide public awareness of local preservation
projects and historic preservation in general, the Grantee shall meet the following requirements regarding
publicity of the project
a At the outset of the project, a news release shall be sent by the Grantee to local print and electronic
media identifying the project's specifics including the source(s) of grant funds, name of the project,
nature of the project, and its benefits to the community A copy of the news release(s) shall be
submitted to the Department
b Upon completion of the project, the Grantee shall issue another news release to local print and
electronic media
c There shall be an effort on the part of the Grantee to encourage publication of one or more feature
stories on the Grantee's project by a newspaper, magazine or television program of at least local
circulation The Grantee shall provide the Department with a copy of any ensuing articles or a
written statement identifying the date and network of any television broadcast(s) In the event that
such efforts are unsuccessful, the Grantee shall provide the Department with copies of
correspondence with newspapers, magazines or television stations indicating the Grantee has
requested such a feature story, or written certification from the Grantee to the Department that such
an effort was made
d During the course of the project, the grantee is encouraged to inform elected officials, including
state officials, mayors, and city and county commissions, by letter of the nature and benefits of the
project
e The Grantee should also make an effort, where appropriate in the judgment of the Grantee, to
publicize the project and the source of grant assistance (at any stage of the project) to the community
through a dedication or other public ceremony of some nature
DOS Form No HR3E1208GAASM
Reference Rule IA -39 009(1)(b), FAC
Page 5 of 17
f Federally Funded Projects: All news releases and promotional materials relating to Federally
funded projects shall contain acknowledgment of grant assistance, substantially as follows This
project /publication/ has been financed in part with historic preservation grant assistance
provided by the National Park Service, U.S. Department of the Interior, administered through the
Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State,
assisted by the Florida Historical Commission
2 Amendments to the Historic Preservation Grant Award Agreement All amendments to the Historic
Preservation Grant Award Agreement for the project shall be in writing and fully executed by both parties
Amendments will be prepared by the Department, either at its own initiative or upon approval of the
written request of the Grantee
3 Changes in Approved Scope of Work The Grantee may not, without formal amendment of the Historic
Preservation Grant Award Agreement, make changes in the scope of the project that would be inconsistent
with the Approved Scope of Work as stipulated in Section I of the Historic Preservation Grant Award
Agreement or make any changes that might result in a deviation from the intent of the legislation that
authorized the award of the grant in the event of uncertainty, questions should be referred to the
Department for final determination
4 Project Supervision The Grantee will assure that competent and adequate professional supervision and
Inspection are provided and ensure that the completed work conforms to the approved standards and
specifications
5 Conflict of Interest The Grantee shall comply with the laws of the State of Florida governing conflict of
interest and standards of ethical conduct In addition, no grantee official, employee, or consultant who is
authorized in his or her official capacity to negotiate, make, accept, approve, or take part in decisions
regarding a contract, subcontract, or other agreement in connection with a grant assisted project shall take
part in any decision relating to such contract, subcontract or other agreement in which he or she has any
financial or other interest, or in which his or her spouse, child, parent or partner, or any organization in
which he or she is serving as an officer, director, trustee, partner, or employee of which he or she has or is
negotiating any arrangement concerning employment has such interest Grantees shall avoid
circumstances presenting the appearance of such conflict Furthermore, the spouse, child, parent, or
partner of an officer, director, trustee, partner, or employee of the grantee shall not receive grant funds
unless specifically authorized in writing by the Department prior to expenditure of said grant funds
6 Dual Compensation If a Grantee staff member or consultant is involved simultaneously in two or more
projects supported by State or Federal funds, and compensation on either project is based upon percentage
of time spent, he or she may not be compensated for more than 100 percent of his/her time during any part
of the period of dual involvement
7 Contingent Fees No person, agency, or other organization may be employed or retained to solicit or
secure a grant or contract upon an agreement or understanding for commission, percentage, brokerage, or
contingent fee For breach or violation of this prohibition, the Department shall have the right to annul
the grant without liability or, at its discretion, to deduct from the grant or otherwise recover the full
amount of such commission, percentage brokerage or contingent fee, or to seek such other remedies as
may be legally available
8 Use of Individual Consultants No project funds shall be used for the payment of fees to individual
consultants without the written authorization of the Department The procurement of individual
consultant services must be justified and documented in accordance with the Administrative Instructions
for Historic Preservation Project Accountability contained in Section V In no case will consultant fees
over and above regular salary be paid to employees of the Grantee organization or of professional firms or
organizations whose services have been properly procured by the Grantee for the project The Grantee
will not use any project funds to pay travel expenses of employees of the Florida Department of State or
Federal government for lectures, attending program functions, or any other activities in connection with
the project
9 Civil Rights Compliance The Grantee will assure that the project is administered in conformance with
the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination
Act of 1975, as amended Title VI of the Civil Rights Act of 1964 states that no person will, on the
grounds of race, color, religion, sex or national origin, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal
financial assistance Section 504 of the Rehabilitation Act of 1973 requires that no qualified disabled
individual is solely, by reason of disability, excluded from participation in, denied the benefits of, or
subjected to discrimination under any program or activity receiving Federal financial assistance The Age
Discrimination Act of 1975 prohibits discrimination on the basis of age under any program or activity
receiving Federal financial assistance Every grantee is required to submit a Civil Rights Assurance of
Compliance Form No grant awards may be made without a Civil Rights Assurance of Compliance Form
on file
DOS Form No HR3E1208GAASM
Reference Rule IA -39 009(1)(b), FAC
Page 6 of 17
10 Discrimination in Employment Prohibited In all hiring or employment in connection with the project,
each employer (1) will not discriminate agamst any employee or applicant for employment because of
race, color, religion, sex, age, or national origin, and (2) will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to race, color,
religion, sex, age, or national ongm In addition, no qualified person shall, on the basis of disability, be
subject to discrimination in employment in the grant assisted project These requirements apply to, but
are not limited to, the following employment, promotion, demotion or transfer, rates of pay or other
forms of compensation, and selection for training, including apprenticeship The Grantee and its
consultants or contractors will comply with all applicable statutes and Executive Orders on equal
employment opportunity and grant awards will be governed by the provisions of all such statutes and
Executive Orders, including enforcement provisions
11 Religious Institutions If the project involves a place of worship or faith-based organization or property
the Grantee will assure that neither the execution of nor the public benefit resulting from the project
require involvement or participation in religious services or activities
12 Political Activities No expenditure of project funds may be made for the use of equipment or premises
for political purposes, sponsoring or conduction of candidate's meeting(s), engaging in voter registration
or voter transportation activity, or other partisan political activities
13 Hatch Act No officer or employee of the State whose principal employment is in connection with any
activity which is financed in whole or in part with grant assistance shall take part in any of the political
activity proscribed in the Hatch Political Activate Act, 5 USC 1501 et seq , as amended, with its stated
exceptions
14 Lobbying Activity No part of the project funds shall be used, either directly or indirectly, to pay for any
personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device,
intended or designed to Influence in any manner a Member of Congress or the State Legislature, to favor
or oppose, by vote or otherwise, any legislation or appropriation by Congress or the State Legislature,
whether before or after the introduction of any bill or resolution proposing such legislation or
appropriation, as proscribed in 18 USC 1913
15 Safety Precautions and Liability The Department assumes no responsibility with respect to accidents,
illness, or claims arising out of any work performed under a grant supported project The Grantee is
expected to take necessary steps to insure or protect Itself and its personnel and to comply with the
applicable local, State or Federal safety standards, including those issued pursuant to the National
Occupational Safety and Health Act of 1970 (see 20 CFR 1910)
16 Reports, Records, and Inspections The Grantee will submit financial, project progress, evaluation, and
other reports as required by the Department and will maintain such property, personnel, financial, and
other records and accounts as are deemed necessary by the Department to assure proper accounting for all
program funds The Grantee, its consultants and contractors will permit on -site inspections by
Department representatives and will effectively require employees to furnish such information as, in the
judgment of the Department representatives, may be relevant to a question on compliance with grant
conditions and the effectiveness, legality, and achievements of the program
17 Examination of Records The Secretary of State of the State of Florida and the State Auditor General, or
any of their duly authorized representatives, shall have access for the purpose of financial or
programmatic audit and examination to any books, documents, papers, and records of the Grantee that are
pertinent to the grant at all reasonable times during a period of five years following completion of the
project, or until all claims or audit findings have been resolved
18 Disclosure of Information The Historic Preservation Grant Award Agreement may be canceled by the
Department without prior notices for refusal by the Grantee to allow public access to all documents,
papers, letters or other material relating to the project, in accordance with the provisions of Chapter 119,
Florida Statutes, and with the Freedom of information Act, 5 USC 552 as amended by Public Law No
104 -231, 110 Stat 3048
19 Compliance with Environmental Protection Laws and Regulations No project funds shall be used
for project work involving ground disturbance, modification of land use patterns, new construction, or
other known or potential alteration of the natural environment that does not conform to State and Federal
laws and regulations relating to protection of the natural environment, including but not limited to the
National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq , establishing national
policy goals and objectives for protecting and enhancing the environment
21 Energy Conservation The Grantee shall promote energy conservation and utilize to the maximum
extent practicable the most energy efficient equipment, materials, construction methods, and operating
procedures available in the accomplishment of protect work
22 Convict Labor The Grantee or its contractors may utilize the labor of State prisoners in authorized work
release, parole or probation programs in the accomplishment of work In accordance with Executive
Order 11755, as amended no person undergoing a sentence of imprisonment at hard labor shall be
employed on grant assisted project work Convict labor shall be recorded in the Project Progress &
Expenditure Report and shall be supported by a signed statement from the supervising individual,
attesting to the number of laborers and the number of donated hours
DOS Form No HR3E1208GAASM
Reference Rule IA -39 009(1)(b), FAC
Page 7 of 17
23 Minority Businesses The Grantee shall encourage greater economic opportunity for minority business
enterprises, as defined in Section 288 703, Florida Statutes, in accomplishment of project work To the
maximum extent possible, the Grantee and its consultants or contractors will take affirmative steps to
assure that minority businesses are used as sources of supplies, equipment, construction, and services
Affirmative steps shall include but not necessarily be limited to the following
a Inclusion of qualified minority businesses on solicitation lists,
b The assurance minority businesses are solicited whenever they are identified as potential sources
c The division of total requirements, when economically feasible, into small tasks, or quantities to
permit maximum participation of minority businesses,
d The establishment of reasonable delivery schedules when feasible, so as to encourage participation
by minority businesses. and
e Utilization of the services and assistance of the Small Business Administration and the Minority
Business Development Agency of the U S Department of Commerce
24 Rights to Data and Copyrights When publications, films, or similar materials are developed, directly
or indirectly, from a program, project or activity supported by grant funds, any copyright resulting there
from shall be held by the Florida Department of State, Division of Historical Resources The author may
arrange for copyright of such materials only after approval from the Department Any copyright arranged
for by the author shall include acknowledgment of grant assistance As a condition of grant assistance, the
Grantee agrees to, and awards to the Department and, if applicable, to the Federal Government, and to its
officers, agents, and employees acting within 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
25 Requirements for Survey Reports, Publications and Media Project Products. All projects resulting
in a written or published report or other publication, and for projects that result in production of a video,
DVD or other non -print media product shall contain the following acknowledgement of funding assistance
and content disclaimer for Federally Funded Projects
This project [pubhcationJ has been financed in part with historic preservation grant assistance
provided by the National Park Service, U S Department of the Interior, administered through the
Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State,
assisted by the Florida Historical Commission However, the contents and opinions do not
necessarily reflect the views and opinions of the Department of the Interior or the Florida
Department of State, nor does the mention of trade names or commercial products constitute
endorsement or recommendation by the Department of the Interior or the Florida Department of
State This program receives Federal financial assistance for identification and protection of
historic properties Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation
Act of 1973, and the Age Discrimination Act of 1975, as amended, the U S Department of the
Interior prohibits discrimination on the basis of race, color, age, national origin, religion, sex,
disability, or sexual orientation in its federally assisted programs If you believe you have been
discriminated against in any program, activity, or facility as described above, or if you desire
further information, please write to Office of Equal Opportunity, U S Department of Interior,
National Park Service, 1849 C Street, VW, Washington, DC 20240
V. Administrative Instructions for Historic Preservation Project Accountability
These instructions are intended to assist historic preservation grant recipients in meeting the accounting and public
benefit requirements of the historic preservation grants -in -aid programs administered by the Department
Grantee Administrative and Reporting Requirements
Grantees are responsible for maintaining financial records and project progress reports as outlined below These
records and reports shall be retained for a period of five (5) years following completion of the project, or until such
time as any litigation, claims, or audit questions arising from examination or audit initiated prior to expiration of the
five year period are finally resolved
All Grantee project records and reports are subject to public disclosure under the provisions of Chapter 119, Florida
Statutes, and the Freedom of Information Act, 5 USC 552 as amended by Public Law 104 -231, 110 Stat 3048
A. Financial Records. Financial records must be adequate to account for the receipt and expenditure of all
project funds, and to demonstrate compliance with required procedures Grantee financial records are subject
to audit by State auditors Inadequate, incomplete or incorrect project financial records may result in
ineligibility for grant assistance Financial records shall include, but are not limited to
DOS Form No HR3EI208GAASM
Reference Rule IA -39 009(1)(b), FAC
Page 8 of 17
Documentation of Project Expenditures. Project expenditures are direct cash value project costs that
are reimbursable, are paid for using grant assistance provided by the Department, and cash value or in-
kind contributions to the required match Department grant assistance is authorized for payment of 100%
of allowable project costs, within the dollar limits of the grant, as specified in the Historic Preservation
Grant Award Agreement Grantee financial records shall include complete documentation pertaining to
the application for grant assistance, the award of the grant, the Historic Preservation Grant Award
Agreement, and the receipt and deposition of grant funds
2 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
Every effort must be made to use small business firms, minority owned firms, women's business
enterprises, and labor surplus areas
a Instructions for Procurement of Goods and Services for Smaller Projects (Including
Professional Services and Construction) for Individual Purchases or Contract Amounts not
Exceeding $20,000. For individual purchases or contract amounts not exceeding $20,000, the
Grantee must use the applicable procurement method described below
(I) Small Purchase Procedures I (Purchases Up to $2,500). Procurement of goods and services
where individual purchases do not exceed $2,500 do not require competition and may be
conducted at the Grantee's discretion
(2) Small Purchase Procedures II (Purchases or Contract Amounts Between $2,500 and
$20,000). Goods and services costing between $2,500 and $20,000 require informal
competition and may be procured by purchase order, acceptance of vendor proposals, or other
appropriate procurement document, provided that the Grantee
(a) Receive written or documented verbal quotes or proposals from two (2) or more
competitors,
(b) Develop and implement a process for evaluating proposals and document application of
that process for selection (e g , for construction work, your selection may be based on the
lowest responsible proposal amount, while for professional services, selection should be
based on task - specific criteria and committee review and ranking of proposals)
(c) Provide prospective vendors with a basic description of the goods and services required,
and
(d) Secure written approval from the Department prior to acceptance of proposal or
execution of contract
b Instructions for Procurement of Goods and Services (Including Architectural, Engineering
and other Consultant Services) for Contracts Exceeding $20,000). For individual contract
amounts exceeding $20,000, the Grantee must use the applicable procurement method described
below
(1) Competitive Selection ($20,000 - $35,000) Goods and services greater than $20,000 but Tess
than $35,000 must be procured in the following manner
(a) For procurement of professional services, solicit written qualifications submissions from
two (2) or more competitors,
(i) Identify all significant evaluation factors and their relative importance in the request
for qualifications
(n) Indicate in solicitation that public funds are involved
(in) Develop and distribute detailed project specifications with the solicitation
(iv) Establish a review committee to evaluate and rank qualification submissions,
(v) Select the most qualified competitor based on the established evaluation criteria
(Option Conduct an initial ranking to "short list" competitors and interview the top
three for final ranking),
(vi) Enter into contract negotiations with the top ranked competitor if negotiations are
unsuccessful with this competitor, proceed to the next ranked competitor
(b) For procurement of goods and services other than professional services, solicit written
quotes from two (2) or more competitors,
(i) Indicate in solicitation that public funds are involved
(u) Develop and distribute detailed project specifications with the solicitation
(iii) Select the responsible and responsive vendor that submits the lowest responsive bid
DOS Form No HR3E1208GAASM
Reference Rule IA -39 009(1)(b), FAC
Page 9 of 17
(iv) Draft contract which incorporates the vendor's proposal and the detailed project
specifications referenced in 0 above
(c) Secure written approval from the Department prior to execution of contract
c Competitive Negotiation ($35,000 and up) for Architectural, Engineering, Landscape
Architecture, Surveying and Mapping Services Only. Architectural, engineering, landscape
architecture, surveying and mapping services in excess of $35,000 must be procured in the following
manner For procurement of all other types of goods and services in excess of $35,000, see d and e
below
(1) Advertise with a Request for Qualifications (RFQ) to secure qualification submittals for
professional services from two or more competitors,
(a) Publicize the request through notices in local newspapers of general circulation or trade
journals, in addition to individual solicitations
(b) Identify all significant evaluation factors and their relative Importance in the request for
qualifications
(c) Indicate in RFQ that public funds are involved
(2) Establish a review committee to evaluate and rank qualification proposals,
(3) Conduct an Initial ranking based on the established evaluation criteria to "Short list"
competitors and interview the top three for final ranking,
(4) Post ranking and Intent to enter Into contract with the top ranked competitor for 72 hours
before initiating contract negotiations
(5) Enter Into contract negotiations with the top ranked competitor If negotiations are
unsuccessful with this competitor, proceed to the next ranked competitor,
(6) Secure written approval from the Department prior to execution of contract
Please Note: Departments or agencies of the state and units of county, municipal or other local
government must always procure professional architectural, engineering, landscape architectural, or
land survey and mapping services in accordance with the provisions of the Consultants Competitive
Negotiations Act ", Section 287 055, Florida Statutes
d Instructions for Procurement Using Competitive Sealed Bids (Procurement of Commodities
and Services Exceeding $35,000). Except as noted in 2 a and 2 b above, and 2 e below, contracts
for procurement of commodities and services (exclusive of architectural, engineering, landscape
architecture, surveying and mapping services) shall be undertaken on the basis of sealed bids
(1) Sealed bids shall be solicited through formal advertisement in a newspaper of local or area
circulation including
(a) A statement of the contractual services required, and notice of the time and place of
public bid opening,
(b) Instructions on how to obtain detailed bid documents or procurement specifications
(which must include all contractual terms and conditions applicable to the procurement),
and
(c) A statement that public funds are involved
(2) Select the responsible and responsive vendor that submits the lowest responsive bid
(3) Post ranking and Intent to enter Into contract with the selected vendor for 72 hours before
formalizing selection
(4) Draft contract which Incorporates the vendor's offer and the detailed project specifications
referenced in (2) above
(5) Secure written approval from the Department prior to execution of contract
e Instructions for Procurement Using Competitive Sealed Proposals (Procurement of Goods and
Services Exceeding $35,000). This process shall be used for procuring consultant services other
than architectural, engineering, landscape architecture, surveying and mapping (see 3 c above)
exceeding $35,000
(1) The request for proposals must include a statement of the contractual services required, the
time and date for the receipt of proposals and of the public opening,
DOS Form No HR3E1208GAASM
Reference Rule IA -39 009(1)(b), FAC
Page l0of17
(2) All contractual terms and conditions applicable to the procurement shall be included in the
request for proposals, including the proposal evaluation criteria, which shall include, but need
not be limited to, price, to be used in determining acceptability of the proposal The relative
importance of price and other evaluation criteria shall be indicated
(3) Post ranking and intent to enter into contract with the selected vendor for 72 hours before
formalizing selection
(4) A contract will be awarded to the responsible and responsive vendor whose proposal is
determined to be the most advantageous to the Grantee, taking into consideration the price and
the other criteria set forth in the request for proposals The contract file shall contain
documentation supporting the basis on which the award is made
(5) Secure written approval from the Department prior to execution of contract
f Qualification of Contractors It is essential that the project be supervised and carved out by
personnel possessing training and experience appropriate to the nature of the project Grantees shall
require, as a part of the bid or proposal package submitted by prospective contractors,
documentation of the professional qualifications of the key personnel to be employed Such
documentation shall include, but not be limited to
(1) Resumes of academic training and employment in the applicable field,
(2) Evidence of possession of required licenses or business permits, and
(3) Evidence of any previous experience in projects of a similar nature
g Contract Provisions In addition to provisions defining a sound and complete procurement
contract, the Grantee shall ensure that the following contract provisions or conditions are included in
all procurement contracts and subcontracts relating to the project (also refer to Section VII
Paragraph A of the Agreement)
(1) Contracts other than small purchases shall contain provisions or conditions which will allow for
administrative, contractual, or legal remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as may be appropriate
(2) All contracts shall contain suitable provisions for termination by the Grantee, including the
manner by which it will be effected and the basis for settlement In addition, such contracts
shall describe conditions under which the contract may be terminated for default as well as
conditions where the contract may be terminated because of circumstances beyond the control
of the contractor
(3) All contracts and subcontracts awarded by the Grantee and its primary contractors shall assure
equal employment opportunity
(4) All contracts (except those awarded by small purchases procedures) awarded by grantees shall
include a provision to the effect that the Grantee, the Department, or any of their duly
authorized representatives shall have access to any books, documents, papers, and records of
the contractor which are directly pertinent to that specific contract, for the purpose of making
audit, examination, excerpts, and transcription Grantees shall require contractors to maintain
all required records for five years after grantees make final payments and all other pending
matters are closed
(5) All contracts involving the research, preparation, and publication of data shall include notice of
the conditions relating to copyrights contained in Section IV A 21
h Contract Pricing
(1) Procurement by small purchase procedures or competitive negotiation methods may be priced
on either a fixed -fee or cost reimbursable basis
(2) Procurement by the competitive sealed bid method shall be priced on a firm -fixed -fee basis
(3) Contracts for goods and services based on cost - plus - percentage -of -cost or percentage -of-
construction- cost contracts are not allowable for grant - assisted work
Procurement Documentation to be Submitted to the Department The Grantee shall submit the
following items to the Department as evidence of compliance with procurement procedures prior
to the execution of any contract for project work
(1) Copies of the solicitation for proposals or invitation to bid and all applicable bid documents,
including construction plans and specifications, if required - to be submitted upon distribution
or publication,
(2) A summary of proposals or bids received and the basis for professional, consultant or
contractor selection - to be submitted upon completion of the selection process, and
DOS Form No HR3E1208GAASM
Reference Rule IA -39 009(1)(6), FAC
Page 11 of 17
(3) A copy of the contract - to be submitted for review and approval by the Department prior to
execution A copy of the executed contract is to be submitted to the Department following
approval and execution
B Project Progress and Expenditure Reports. The Grantee shall submit a Project Progress & Expenditure
Report (incorporated herein by reference and available online at http / /www flheritage com/grants/) to the
Department at the end of each grant payment period except for the final payment period in which the Grantee
shall instead submit a Final Project Progress and Expenditure Report Project Progress and Expenditure
Reports must be submitted quarterly for the duration of the project, or whether funds have been expended
Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the
Department of Financial Services' Reference Guide for State Expenditures, which are incorporated by reference
and are available online at http / /www myfloridacfo com/aadir /referenceguide/
1 Determination of Allowable Project Costs The total project cost submitted by the Grantee might
contain expenditures that are not allowable in determining the eligible costs in accordance with the
provisions of the Agreement The Department will review each Project Progress and Expenditure Report,
and make its determination of the eligible expenditures on the basis of the following criteria
a Allowable Project Costs. Allowable project costs shall include
(1) Costs incurred by contract for procurement of goods and services consistent with the Approved
Scope of Work in Section I of the Agreement,
(2) Costs incurred by properly documented small purchase procedures,
(3) Costs incurred by the Grantee for the following items applied directly to elements of the
Approved Scope of Work in Section i of the Agreement
(a) Accounting the cost of establishing and maintaining interest - bearing financial accounts
directly relating to the Project
(b) Auditing audit costs only as required by the Florida Single Audit Act (see Section VII of
the Agreement and Attachment A hereto)
(c) Communications specific charges for telephone, telegraph, or other communications
services
(d) Employee salaries and benefits (only if included in the original grant application for the
Project and only if documented by the Grantee to be specifically applicable to one or
more items within the Approved Scope of Work),
(e) Materials and supplies,
(1) Procurement services the cost of advertising, solicitation, processing, and administration
of procurement contracts,
(g) Reproduction the cost of limited reproduction of reports, forms, and project documents,
and
(h) Travel Travel costs will be allowed only if requested and approved during the
application review process and if included in the Approved Scope of Work If travel is
approved, the Grantee shall be authorized to incur travel expenses for airfare, vehicle
rental, mileage and lodging to be reimbursed in accordance with Section 112 061, Florida
Statutes Per diem or other reimbursement for meals is not an allowable grant
expenditure
(4) The properly documented value of donated services and materials (see Subparagraph 3 (c)
below)
(5) The properly documented value of volunteer services directly relating to the accomplishment of
the Project (volunteer work must be for one or more items included in the Approved Scope of
Work — see Subparagraph 3 a below)
b Non- allowable Project Costs. Costs not allowable as grant - assisted work or match contribution
shall include
(1) Expenditures for work not included in the Approved Scope of Work included in the Agreement,
(2) Costs of goods and services not procured in accordance with required procurement procedures,
(3) Expenses incurred or obligated prior to or after the grant period (exception emergency repairs
as approved by the Division consistent with subsection 1A-39 009(3) of rule 1A-39, F A C )
DOS Form No HR3EI208GAASM
Reference Rule IA -39 009( /)(b), FAC
Page 12 of 17
(4) Expenditures for work not consistent with the applicable preservation standards (see Section II,
Paragraph T),
(5) Expenditures for Furniture and Equipment unless specifically authorized as a part of a grant
project and included in the Approved Scope of Work,
(6) Expenses associated with lobbying or attempting to influence federal, state, or local legislation,
the judicial branch, or any state agency,
(7) Private entertainment, food, beverages, plaques, awards, or gifts,
(8) Costs or value of donations or in -kind contributions not documented in accordance with the
provisions of the Historic Preservation Grant Award Agreement,
(9) Project Administrative Expenditures, which exceed 10% of the grant award amount,
(10) Costs for projects having as their primary purpose the fulfillment of federal or state historic
preservation regulatory requirements, specifically, costs of consultation and mitigation
measures required under Section 106 of the National Historic Preservation Act of 1966, as
amended through 2000, or under section 267 031, Florida Statutes,
(11) Projects which are restricted to private or exclusive participation, which shall include
restricting access on the basis of sex race, color, religion, national origin, disability, age,
handicap, or marital status,
(12) Grantee operational support (le , organization salaries, travel, supplies) (Note project - specific
travel costs may be allowed if requested and approved during the application review process
and if included in the Approved Scope of Work),
(13) Vehicular circulation and parking (Exception provision of code - required handicapped parking
pad and walkway),
(14) Sidewalks, landscape features, planting, irrigation systems and site lighting (Exception
sidewalk required to link code - required handicapped parking pad to the accessible entry,
planting required to halt erosion, and limited site lighting required for security, if included in
the Approved Scope of Work),
(15) Capital improvements to non - historic properties,
(16) Capital improvements to the interior of religious properties (Exception repairs to primary
elements of the structural system Examples include foundation repairs, repairs to columns,
load bearing wall framing, roof framing, masonry repairs, and window and exterior door
repairs),
(17) Code - required accessibility improvements for religious properties,
(18) Insurance costs (Exception costs for builder's risk, workers compensation and contractor's
liability insurance), and
(19) Purchase of equipment (other than equipment incorporated as capital improvements into a
historic building during restoration or rehabilitation, and equipment required for a museum
exhibit) If special equipment is required only for the grant period to complete the Project and
said equipment is included in the Approved Scope of Work for the Project as an eligible grant
expense, it shall be rented for the grant term
(20) Grantee shall comply with Section 216 348, Florida Statutes, as applicable to the project
2 Documentation of Expenditures. Each quarterly Project Progress and Expenditure Report and the Final
Project Progress and Expenditure Report must include documentation of payment for each cash
expenditure claimed during the reporting period
a Grantees shall provide a detailed listing of each expenditure in the Cash Expenditure section of these
reports, which contain the following information
(1) Check number, or if a cash payment, a copy of the paid receipt must be submitted,
(2) Check date or date of cash expenditure, expenditures overlapping the grant period must be
prorated,
(3) The name of the payee or vendor for each expenditure paid by cash or check,
(4) The expenditure amount,
(5) The Approved Scope of Work category to which the goods or services contribute (see Section
I of the Historic Preservation Grant Award Agreement), and
DOS Form No HR3E1208GAASM
Reference Rule 1A -39 009(1)(6), FAC
Page 13 of 17
(6) The purpose of each expenditure, stated clearly and in sufficient detail for the Department to
determine if the expenditure is allowable
b The Grantee shall provide the following documentation of payment of expenditures listed in the
Cash Expenditure section of the Project Progress and Expenditure Report and the Final Project
Progress and Expenditure Report
(1) Copies of contractors' invoices itemizing the materials delivered, services rendered, work items
completed and the following forms of proof of payment by the Grantee
(a) Copies of signed and dated receipts from the contractors /suppliers showing the date
payments were received and the amounts received, and
(b) Copies of the front and back of the canceled checks, or
(c) Exception In cases when receipts and cancel checks cannot be provided, alternative
documentation of proof of payment shall be provided as determined acceptable by the
Department Examples include purchase orders, vendor logs, payment ledgers, etc
(d) Exception Invoices for all expenditures must be included in the Final Project Progress
and Expenditure Report but proof of payment shall not be required for request of the 10%
retainage amount Such proof of payment must be submitted to the Division within 30
(thirty) days after the date of issuance of the state warrant for the final grant payment
(2) For authorized employee salaries, the following expenditure documentation is required
(a) A copy of the log indicating the dates and hours devoted to authorized project work
signed by both the employee and his or her supervisor or the designated Project Manager,
and
(b) Copies of payroll registers for all pay periods claimed for each employee or the front and
back of canceled checks for all pay periods claimed for each employee
3 Documentation of Donated Materials and Services The value of donated materials and volunteer
services is not eligible for reimbursement by grant funds, but is allowable in determining the Grantee's
match
a For donated materials and services the documentation indicated below is required
(1) Identification of each individual donating services or materials,
(2) Description of the work accomplished or type and amount of material donated,
(3) Approved Scope of Work category to which the services contribute (see Section I of the
Historic Preservation Grant Award Agreement)
(4) The number of hours worked by each volunteer during the reporting period,
(5) Basis for hourly value of work for each volunteer
(a) State of Florida Minimum Wage at the time of donation for state funded grant projects,
or
(b) Federal Minimum Wage at the time of donation for federally funded grant projects, or
(c) If the services donated are those normally provided by the donor in his or her profession
or trade, they may be valued at rates consistent with those paid for similar work in the
local labor market area Attach a signed statement from the individual listing his/her
qualifications to justify the higher donated value rate
(6) Volunteer services documentation for groups of volunteers or for documentation of multiple
volunteer work sessions may be entered Into a volunteer log containing the above information
Ensure that each work entry is signed by each volunteer The Project Manager must sign all
such documentation to confirm its accuracy
(7) The total value of the volunteer services for the reporting period
(8) For donated materials, the donor must document their fair market value in a written signed
statement, which is also signed by the designated Project Manager
4 Additional Documentation to be Included in Project Progress and Expenditure Reports. In addition
to the documentation indicated in B 2 and B 3 above, each quarterly Project Progress and Expenditure
Report shall include
a A brief description of work accomplished in the previous three months,
DOS Form No HR3E1208GAASM
Reference Rule IA -39 009(I)(b), FAC
Page 14 of 17
b A description of any unusual problems or conditions encountered or any unusual methods, materials,
or techniques employed_
c Copies of required documents (contracts, press releases, etc ) as applicable, and
d Photographic documentation of completed installation of any signage, exhibits, etc shall be
included
5 Final Project Progress and Expenditure Report. To be submitted within 30 days following completion
of all project work In addition to the documentation indicated in B 2 , B 3 and B 4 above, this report
shall also include
a A description and explanation of any variations between the planned project work and that actually
accomplished,
b A description and explanation of any significant differences between the planned project budget and
the actual project costs,
c Final products as specified in the Approved Scope of Work (Section 1 of the Historic Preservation
Grant Award Agreement),
d Photographic documentation of completed construction work, and
e Required audit documents
C Reports Required for Community Education Projects In addition to the Progress & Expenditure
Reports described in Section B above, a draft of the final product shall be submitted to the Department no
later than sixty days (60) prior to the end of the grant period Based on Department review of the draft,
supplemental reports or drafts of the final product may be required to be submitted for community
education projects depending on the nature and scope of the individual project
VI The Department agrees to pay the Grantee for cash expenditures, so long as the Grantee's cash expenditures,
documented by complete Project Progress and Expenditure Reports up to a maximum payment of 528,552
(twenty -eight thousand, five hundred fifty -two dollars).
A Requests for payment must be submitted in writing to the Department by the Grantee on the
Payment Request Form (Form HR3E1208PRF), incorporated herein by reference and available online
at o oss flhent.iae com /erunt�
1 The Grantee may request reimbursement of expenditures as documented in each required Project
Progress and Expenditure Report for work completed and timelines met as outlined in the Project
Schedule More frequent Project Progress and Expenditure Reports may be submitted if a shorter
reimbursement schedule is necessitated by rapid Project progress
2 The disbursement schedules in 1 above shall be subject to any special conditions required by the
Office of the Chief Financial Officer of the State of Florida The Department reserves the right to
withhold payment if the Grantee fails to provide Project Progress and Expenditure Reports, if
work completed or timeline are not met as outlined in the Project Schedule or is otherwise
found to be in violation of any term(s) of this Agreement or other Agreements with the
Department.
3 The Grantee shall submit a complete Project Progress and Expenditure Report on the schedule
provided by the Department for the duration of the Project All such reports shall provide accurate
information regarding the status of project work, as well as accurate funding expenditure
information Reports that are incomplete or do not contain accurate information will not be
approved and further grant payment requests will not be processed
4 The Department shall evaluate all payment requests based on the implementation of the Project
Schedule Payment for project costs will also be contingent upon all authorized project work being
in compliance with the aforementioned Secretary of the Interior's Standards, and approval of the
grant assisted work by the Department The total of grant funds transferred to the grantee following
final Project completion, including all funds previously transferred in incremental payments, shall
not exceed the amount of the grantee's actual cash expenditures in payment of allowable project
costs
VII Consistent with the grant funding expenditure threshold indicated in Attachment A, Part II, paragraph 1, each
grantee, other than a grantee which is a State agency shall submit to an audit pursuant to Section 215 97,
Florida Statutes
A All audits as described above shall be submitted within six (6) months of the close of the Grantee's fiscal
year, or within six (6) months of the ending of the Grant Period All audits or attestations must cover each
of the Grantee's fiscal years for which grant funds were received or expended under this Agreement
DOS Form No HR3E1208GAASM
Reference Rule 1A -39 009(1)(6), FAC
Page 15 of 17
B Grantees shall sign and return to the Department one original copy of Attachment A, which refers to the
responsibility of the Grantee under the Florida Single Audit Act
C The Grantee shall complete the Florida Single Audit Act Certification included in the Quarterly Project
Progress and Expenditure Report Completion of this certification is required for each reporting period
for the duration of the Project
VIII The Grantee shall submit all contracts for professional services (architecture, engineering or consultant
services) to the Department for review and approval prior to final execution by the Grantee In addition to the
review submissions indicated in Subsection 111 A above, the Grantee shall also submit (a) architectural
planning documents, as applicable, (b) copies of all contracts for the procurement of goods and services
relating to the project work, and (c) copies of all proposed change orders or amendments to said contracts to the
Department for review and approval prior to final execution Department review and approval of said contracts
shall not be construed as acceptance by or imposition upon the Department of any financial liability in
connection with said contracts
A The Special Conditions of Contract included as Attachment B hereto shall be included in all contracts
for goods and services associated with this Project These provisions require that
1 All consultants, design professionals, contractors and subcontractors comply with federal Equal
Employment Opportunity legislation,
2 All contracts for goods and services include provisions for retention and Department access to
Project- related records
3 All contracts for goods and services include specification of Project duration, and
4 All contracts for goods and services include provisions for contract termination in accordance with
this Agreement
B These Special Conditions of Contract may be attached and made part of each agreement for architectural,
engineering, consultant or construction services, or other vendor contracts Alternatively, the provisions
in Attachment B hereto may be incorporated into the body of each such agreement
IX This Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and
enforced in all respects in accordance with the laws and rules of the State of Florida Each party shall perform
its obligations hereunder in accordance with the terms and conditions of this Agreement
X If any term or provision of this Agreement is found to be illegal and unenforceable, the remainder of this
Agreement shall remain in full force and effect and such term or provision shall be deemed stricken
XI No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default 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
XII Each grantee, other than a grantee which is a State agency, agrees that, its officers, agents and employees, in
performance of this Agreement shall act in the capacity of an independent contractor and not as an officer,
employee or agent of the State Each grantee, other than a grantee which is a State agency, is not entitled to
accrue any benefits including retirement benefits and any other rights or privileges connected with employment
in the State Career Service The Grantee agrees to take such steps as may be necessary to ensure that each
subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or
permitted to be an agent, servant, joint venturer, or partner of the State
XIII 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
XIV The Grantee shall not assign, sublicense or otherwise transfer its rights, duties or obligations under this
Agreement without prior written consent of the Department which consent shall not be unreasonably withheld
The Agreement transferee must also demonstrate compliance with Chapter IA -39, Florida Administrative
Code If the Department approves a transfer of the Grantee's obligations, the Grantee remains responsible for
all work performed and all expenses incurred in connection with the Agreement In the event the Legislature
transfers the rights, duties and obligations of the Department to another govemment entity pursuant to Section
20 06, Florida Statutes, or otherwise, the rights, duties and obligations under this Agreement shall also be
transferred to the successor government entity as if it were an original party to the Agreement
XV This Agreement shall bind the successors. assigns and legal representatives of the Grantee and of any legal
entity that succeeds to the obligation of the Department
XVI The following provisions shall apply for the voluntary and involuntary suspension or termination of the grant
by either the Department or the Grantee
DOS Form No HR3EI208GAASM
Reference Rule 1A -39 009(1)(b), FAC
Page 16 of 17
A Suspension Suspension is action taken by the Department which temporarily withdraws or limits the
Grantee's authority to utilize grant assistance pending corrective action by the Grantee as specified by the
Department or pending a decision by the Department to terminate the grant
1 Notification When the Grantee has materially failed to comply with the terms and conditions of the
grant, the Department may suspend the grant after giving the Grantee reasonable notice (usually
thirty (30) calendar days) and an opportunity to show cause why the grant should not be suspended
The notice of the suspension will detail the reasons for the suspension, any corrective action required
of the Grantee, and the effective date of the suspension
2 Commitments No commitments of funds incurred by the Grantee during the period of suspension
will be allowed under the suspended grant, unless the Department expressly authorizes them in the
notice of suspension or an amendment to it Necessary and otherwise allowable costs which the
Grantee could not reasonably avoid during the suspension period will be allowed if they result from
charges properly incurred by the Grantee before the effective date of the suspension, and not in
anticipation of suspension or termination Third party contributions applicable to the suspension
period shall not be allowed in satisfaction of matching share requirements, unless otherwise agreed
by the parties
3 Adjustments to payments Appropriate adjustments to the payments submitted after the effective
date of suspension under the suspended grant will be made either by withholding the payments or by
not allowing the Grantee credit for disbursements made in payment of unauthorized costs incurred
during the suspension period
4 Suspension period Suspensions will remain in effect until the Grantee has taken corrective action to
the satisfaction of the Department or given written evidence satisfactory to the Department that
corrective action will be taken, or until the Department terminates the grant The grant shall be
terminated by the Department if the Grantee fails to respond in writing to a notification of
suspension within thirty (30) calendar days of receipt of such notification by the Grantee
B Termination Termination is the cancellation of grant assistance, in whole or in part, under a grant or
project at any time prior to the date of completion
1 Termination for cause The Department shall have the authority to cancel this Agreement because of
failure of the Grantee to fulfill its obligations under this Agreement or any other past or present grant
award agreement with the Division of Historical Resources or any other Division within the
Department of State Satisfaction of obligations by the Grantee shall be determined by the
Department The Department shall provide the Grantee a written notice of default letter The
Grantee shall have fifteen (15) calendar days to cure the default, unless it is determined by the
Department that the default is of a nature that cannot be cured If the default is not cured by the
Grantee within the stated period, the Department shall terminate this Agreement Notice shall be
sufficient if it is delivered to the party personally or mailed to its specified address In the event of
termination of this Agreement, the Grantee will be compensated for any work satisfactorily
completed in accordance with this Agreement prior to notification of termination
2 Termination for convenience The Department or the Grantee may terminate the grant in whole or in
part when both parties agree that the continuation of the Project would not produce beneficial results
commensurate with the further expenditure of funds The two parties will agree upon the termination
conditions, including the effective date, and in the case of partial terminations, the portion to be
terminated
3 Termination by Grantee The Grantee may unilaterally cancel the grant at any time prior to the first
payment on the grant although the Department must be notified in writing prior to cancellation
After the initial payment, the Project may be terminated, modified, or amended by the Grantee only
by mutual agreement of the Grantee and the Department Request for termination prior to completion
must fully detail the reasons for the action and the proposed disposition of the uncompleted work
4 Commitments When a grant is terminated, the Grantee will not incur new obligations for the
terminated portion after the notification of the effective date of termination The Grantee will cancel
as many outstanding obligations as possible The Department will allow full credit to the Grantee for
the Department's share of the noncancelable obligations properly incurred by the Grantee prior to
termination Costs incurred after the effective date of the termination will be disallowed
XVII Unless there is a change of address, any notice required by this Agreement shall be delivered to the Bureau of
Historic Preservation, Division of Historical Resources, Florida Department of State, R A Gray Building, 500
South Bronough Street, Tallahassee, Florida 32399 -0250, for the Department, and to 100 E. Boynton Beach
Boulevard, Boynton Beach, FL 33425 for the Grantee Unless the Grantee has notified the Department in
writing by return receipt mail of any change of address, all notices shall be deemed delivered if sent to the
above address
XVIII Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or
increases the limits of its liability, upon entering into this contractual relationship
DOS Form No HR3E1208GAASM
Reference Rule 1A -39 009(1)(b), FAC
Page 17 of 17
XIX This instrument and the Attachments hereto embody the whole Agreement of the parties There are no
provisions, terms, conditions, or obligations other than those contained herein, and this Agreement shall
supersede all previous communications, representations or agreements, either verbal or written, between the
parties No change or addition to this Agreement and the Attachments hereto shall be effective unless in writing
and properly executed by the parties
All written approvals referenced in this Agreement must be obtained from the parties' grant administrators or their
designees The Department and the Grantee have read this Agreement and the Attachments hereto and have affixed
their signatures
DEPARTMENT OF STATE
Robert F Bendus
Director, Division of Historical Resources
Date
City of Boynton Beach, Development Department
Signature of Authorized Official
Print Name of Authorized Official
Print Title of Authorized Official
Date
DOS Form No HR3E1208GAASM
Reference Rule 1A -39 009(1)(6), FAC
ATTACHMENT A
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 OMB Circular A -133, as revised, and Section
215 97, F.S., monitoring procedures may include, but not be limited to, on -site visits by Department of
State staff, limited scope audits as defined by OMB Circular A -I33, as revised, and/or other procedures.
By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring
procedures /processes deemed appropriate by the Department of State. In the event the Department of State
determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any
additional instructions provided by the Department of State staff to the recipient regarding such audit. The
recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non - profit organization as defined
in OMB Circular A -133, as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular
A -133, as revised. EXHIBIT 1 to this agreement indicates 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 by 0M13 Circular A -133, as revised. An audit of the recipient conducted by
the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the
requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as
revised.
3 If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A -133, as revised, 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 from other than Federal entities).
4. The Internet web addresses listed below will assist recipients in locating documents referenced in the text
of this agreement and the interpretation of compliance issues
State of Florida Department Financial Services (Chief Financial Officer)
http:(/www.fldfs.com
Federal Office of Management and Budget Circulars Index
http• / /www.whttehouse.goviomb /grants /index.html - circulars
Governor's Office Initiatives, Florida Single Audit Act
http• / /www.myflorida com /myflorida, government /governorimtiatives'fsaa/
State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act)
http ,'twww lei4.state fl.us
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive
Office of the Governor and the Chief Financial Officer, and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXI -IIBIT 1 to this
agreement indicates state financial assistance awarded through the Department of State by this agreement.
In determining the state financial assistance expended in its fiscal year, the recipient shall consider all
sources of state financial assistance, including state financial assistance received from the Department of
State, other state agencies, and other nonstate entities. State financial assistance does not include Federal
direct or pass- through awards and resources received by a nonstate entity for Federal program matching
requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215 97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the nonstate entity's resources (i e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
PART III: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and
required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular
A -133, as revised, by or on behalf of the recipient directly to each of the following:
A. The Department of State at the following address:
Office of Inspector General
Florida Department of State
R. A. Gray Building, Room 114A
500 South Bronough St.
Tallahassee, FL 32399 -0250
B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required
by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit
Clearinghouse), at the following address.
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10 Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A-
133, as revised.
2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and
conducted in accordance with OMB Circular A -133, as revised, is not required to be submitted to the
Department of State for the reasons pursuant to Section .320 (e)(2), OMB Circular A -133, as revised, the
recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the
recipient's audited schedule of expenditures of Federal awards directly to the following:
Office of Inspector General
Florida Department of State
R. A. Gray Building, Room 114A
500 South Bronough St.
Tallahassee, FL 32399 -0250
3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on
behalf of the recipient directly to the following:
A. The Department of State at the following address:
Office of Inspector General
Florida Department of State
R. A. Gray Building, Room 114A
500 South Bronough St.
Tallahassee, FL 32399 -0250
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399 -1450
4. Any reports, management letter, or other information required to be submitted to the Department of State
pursuant to this agreement shall be submitted timely in accordance with OMB Circular A -133, as revised,
Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit
and for -profit organizations), Rules of the Auditor General, as applicable.
5. Recipients, when submitting financial reporting packages to the Department of State for audits done in
accordance with OMB Circular A -133 or Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the
reporting package was delivered to the recipient in correspondence accompanying the reporting package.
PART IV: RECORD RETENTION
1 The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement
for a period of five years from the date the audit report is issued, and shall allow the Department of State, or
its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient
shall ensure that audit working papers are made available to the Department of State, or its designee, Chief
Financial Officer, or Auditor General upon request for a period of three years from the date the audit report
is issued, unless extended in writing by the Department of State.
EXHIBIT 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
Not Applicable.
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT
TO THIS AGREEMENT ARE AS FOLLOWS
Not Applicable.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF
THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Not Applicable.
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Florida Department of State Historic Preservation Grants, CSFA Number 45 031
Award Amount $28,552 (twenty-eight thousand, five hundred fifty -two dollars)
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
As contained in the Compliance Supplement to CSFA Number 45.031.
The Grantee has read this Addendum to the Grant Award Agreement and has affixed their signature:
Print Name of Grantee
Signature of Authorized Official
Print Name of Authorized Official
Print Title of Authorized Official
1 of 2
ATTACHMENT B
SPECIAL CONDITIONS OF CONTRACT
REQUIRED BY HISTORIC PRESERVATION GRANT AWARD AGREEMENT
Grant Project Name:
Contract Amended/Execution Date:
Parties:
1. (Owner)
2. ( Architect /Consultant /Contractor)
circle one
These Special Conditions shall supplement and become part of the above referenced Contract and shall
supersede any conflicting provisions of said Contract.
1. Equal Employment Opportunity Compliance
The Architect /Consultant /Contractor shall comply with Title VI of the Civil Rights Act of 1964, Section
504 of the Rehabilitation Act of 1973, and Title I of the Americans with Disabilities Act of 1990 in that:
No person in the United States shall on the grounds of race, creed, color, national origin, sex, age,
political affiliation, beliefs, or disability be subject to discrimination under any program or activity which
the Architect/Consultant /Contractor has agreed to undertake by and through the covenants and provisions
set forth in this Contract.
2. Access to Records
The Architect /Consultant /Contractor shall keep and maintain financial, invoice, and employment records
pertaining to the contractual obligation between the Parties for pre -audit and post -audit purposes for a
period of five (5) years following the completion of all project work, or until all claims and audit findings
involving these records have been received, whichever is later. The Owner, the Florida Department of
State, or any of their duly authorized representatives shall have access to any books, documents, papers
and records of the Architect/Consultant /Contractor which are directly pertinent to this Contract, for the
purpose of making audit, examination, excerpts, and transcription.
3. Termination
3.1 Termination by Owner
3.1.1 The Owner may terminate this Contract if the Architect /Consultant/Contractor:
1. Persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper
materials;
2. Fails to make payment to Subcontractors for materials or labor in accordance with the respective
contracts between the Architect/Consultant /Contractor and the Subcontractors;
3. Persistently disregards laws, ordinances, or rules, regulations or orders of a public authority
having jurisdiction; or
4. Otherwise is guilty of substantial breach of a provision of the Contract.
3.1.2 When any of the above reasons exist, the Owner may, without prejudice to any other rights or
remedies of the Owner and after giving the Architect /Consultant/Contractor and the
Architect /Consultant/Contractor's surety, if any, seven days written notice, terminate employment of
the Architect/Consultant /Contractor and may, subject to any prior rights of the surety:
DOS Form No. HR3E1208GAASM
Reference: Rule 1A- 39.009(1)(b), F.A.C.
2 of 2
1. Take possession of the site and of all materials, equipment, tools, and construction equipment
and machinery thereon owned by the Architect/Consultant /Contractor;
2. Accept assignment of subcontracts;
3. Finish the Work by whatever reasonable method the Owner may deem expedient.
3.1.3 The Architect /Consultant /Contractor will be compensated for any work satisfactorily completed in
accordance with this Contract prior to notification of termination.
3.2 Termination by the Architect /Consultant /Contractor
3.2.1 The Architect /Consultant/Contractor may terminate the Contract if the Work is stopped for a period
of 30 days through no act or fault of the Architect/Consultant /Contractor or a Subcontractor, Sub -
subcontractor or other agents or employees or any other persons performing portions of the Work
under agreement with the Architect /Consultant/Contractor, for any of the following reasons:
1. Issuance of an order of a court or other public authority having jurisdiction;
2. An act of government such as a declaration of national emergency, making material unavailable;
3. Because the Architect has not issued a Certificate for Payment and has not notified the
Architect /Consultant/Contractor of the reason for withholding such certification, or because the
Owner has not made payment on a Certification of Payment within the time stated in the
Contract;
4. If repeated suspensions, delays or interruptions by the Owner constitute in the aggregate more
than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 -
day period, whichever is less; or
5. The Owner has failed to furnish to the Architect/Consultant /Contractor promptly, upon the
Architect /Consultant/Contractor's request, reasonable evidence that financial arrangements have
been made to fulfill the Owner's obligations under the Contract.
4. Project Duration
4.1 Complete one of the following, as is applicable to the Contract:
4.1.1 The project work covered under this Contract shall be completed on or before
, 20 .
4.1.2 The project work shall be completed within days of the date of execution of the
Contract.
Owner Architect /
Consultant / Contractor
Address Address
By By
Date Date
DOS Form No. HR3E1208GAASM
Reference: Rule 1A- 39.009(1)(b), F.A.C.