HomeMy WebLinkAbout2024-260A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
AGREEMENT BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF STATE
AND
Indian River County Parks Division
25.h.sm.300.110
This Agreement is by and between the State of Florida, Department of State, Division of Historical Resources hereinafter
referred to as the "Division," and the Indian River County Parks Division hereinafter referred to as the "Grantee."
The Grantee has been awarded a Small Matching Grant by the Division, grant number 25.h.sm.300.110 for the Project "A
Tour Through Time - The Gifford Community," in the amount of $11,250 ("Grant Award Amount'). The Division enters
into this Agreement pursuant to Line Item 3226, contained in the 2025 General Appropriations Act, H135001, Laws of
Florida. The Division has the authority to administer this grant in accordance with Section 267.0617, Florida Statutes.
In consideration of the mutual covenants and promises contained herein, the parties agree as follows:
1. Grant Purpose. This grant shall be used exclusively for the "A Tour Through Time - The Gifford Community,"
the public purpose for which these funds were appropriated.
a) The Grantee shall perform the following Scope of Work:
Grant funds will be used to produce educational content with the Indian River County Parks Division in
Florida. Work items include develop, produce, and install fifteen (15) interpretive signs; produce one (1)
educational video a minimum of eight (8) minutes in length; and produce five thousand (5,000) educational
brochures.
All tasks associated with the Project shall meet the requirements set forth in this agreement.
b) The Grantee agrees to provide the following Deliverables and Performance Measures related to the
Scope of Work for payments to be awarded.
# Payment Deliverable Description Documentation Payment
TypeAmount
I Advanced Submit a copy of credentials for the One (1) digital copy of research $2,813
Payment research consultants and filmmakers and a consultants' credentials; One (1)
copy of the project timeline to the Division digital copy of the filmmakers'
for review and approval. credentials; One (1) digital copy
of the project timeline.
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Gant Amrd Agreement (Form G A001), Effective 07/2024
Rule I A-39.001, Florida AdmimmuMe Cade
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
2 Fixed
Complete and submit content outline of
One (1) digital copy of the
$2,812
Price
fifteen interpretive signs, one educational
content outline for fifteen
video, and educational brochures to the
interpretive signs, one
Division for review and approval
educational video, and
educational brochures
3 Fixed
Complete and submit drafts of the fifteen
One (1) digital draft copy fifteen
$2,813
Price
interpretive signs, one educational video,
interpretive signs, one
and educational brochures to the Division
educational video, and
for review and approval
educational brochures.
4 Fixed
Provide a live link to the educational video,
A live link to the educational
$2,812
Price
a minimum of eight (8) minutes, published
video, a minimum of eight (8)
to website; a minimum of fifteen (15) digital
minutes in length; a minimum of
photographs of the fifteen (15) installed
fifteen (15) digital photographs
interpretive signs; one (1) digital copy of
of the fifteen (15) installed
the final educational brochure to the
interpretive signs; a digital copy
Division for review and approval. In
of finalized educational
addition, a Single Audit Form shall be
brochure. One (1) Single Audit
completed by the Grantee and submitted
Form; One (1) copy of the final
along with the Final Progress Report prior
progress report; documentation
to final payment; documentation to support
to support all paid expenditures
all paid expenditures including detailed paid
including detailed paid 'invoices,
invoices, bank records, and canceled
bank records, and canceled
checks.
checks
Totals
$11,250
c) The Grantee has provided an Estimated Project Budget based upon reasonable expenditures projected to
accomplish the Grantee's Scope of Work and Deliverables outlined in the Agreement. The Budget provides
details of how grant and match funds will be spent. All expenditures shall be in accordance with this budget
(which is incorporated as part of this Agreement and entitled Attachment A) and must be incurred during the
term of this Agreement, as stated in Section 2 of this Agreement.
2. Length of Agreement. This Agreement shall begin on 07/01/24, and shall end 06/30/25, unless terminated in
accordance with the provisions of Section 34 of this Agreement. Contract extensions will not be granted unless
Grantee is able to provide substantial written justification and the Division approves such extension. The Grantee's
written request for such extension must be submitted to the Division no later than thirty (30) days prior to the
termination date of this Agreement and no amendment will be valid until a written amendment is signed by both
parties as required in Section 7 and Section 15 of this Agreement.
3. Contract Administration. The parties are legally bound by the requirements of this Agreement. Each party's
contract manager, named below, will be responsible for monitoring its performance under this Agreement, and will
be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be
directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the
contact information below shall be submitted in writing to the contract manager within 10 days of the change.
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('rant AHmd AA'eement ( Form GAA001), Effective 07/2024
Rule I A-39.001, FIoddu AdmiitiMuMv Co&
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. SUTLER, CLERK
For the Division of Historical Resources:
Olivia Wichowski
Florida Department of State
R.A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399
Phone: 850.245.6427
Email: olivia.wichowski@dos.myflorida.com
For the Grantee:
Contact: Wendy Swindell
Address: 1801 27th Street Vero Beach Florida 32960
Phone: 772.226.1781
Email: wswindell@ircgov.com
4. Grant Payments. All grant payments are requested online via www.dosgrants.com by submitting a payment
request with documentation that the deliverable has been completed. The total grant award shall not exceed the
Grant Award Amount, which shall be paid by the Division in consideration for the Grantee's minimum
performance as set forth by the terms and conditions of this Agreement. Grant payment requests are not
considered complete for purposes of payment until review of the deliverables for compliance with the terms and
conditions of this Agreement by the appropriate Division staff is complete and approval of the deliverable given.
The grant payment schedule is outlined below:
a) All payments will be made in the amounts identified with the Deliverables in Section 1 of this agreement.
b) All payments will be made in accordance with the completion of those Deliverables.
5. Electronic Payments. The Grantee can choose to use electronic funds transfer (EFT) to receive grant payments.
All grantees wishing to receive their award through electronic funds transfer must submit a Direct Deposit
Authorization form to the Florida Department of Financial Services (DFS). If EFT has already been set up for the
organization and a payment has been received at the account in the past year, the Grantee does not need to submit
another authorization form unless the organization has changed bank accounts. If the grantee has not received a
payment at the account in the past year, they should check with DFS at (850) 413-5517 or e-mail at
DirectD&posit@MyFloridaCFO.com to see if their EFT request is still active. The authorization form is accessible
at hUsJ/www mvfloridacfo com/docssFaccounting-and-auditing-libraries/vendors/vendor relations/dfs al 26e
direct-dmositvendors.pdPsfvrsn=eff128cf 16 where information pertaining to payment status is also available.
6. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that receives a
payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services
(DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report
accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-
9 visit httpsl/flvendor.mvfloridacfo.com/ . A copy of the Grantee's Florida Substitute Form W-9 must be
submitted to the Division, as required, in advance of or with the executed Agreement.
7. Amendment to Agreement. Either party may request modification of the provisions of this Agreement by
contacting the Division to request an Amendment to the Contract. Changes which are agreed upon shall be
valid only when in writing, signed by each of the parties, and attached to the original of this Agreement.
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Gant Avard Apreernent (Form GAA001), Effective 07%2024
Rule 1A-39.001. Firniuia Adminitinurimr Code
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
If changes are implemented without the Division's written approval, the organization is subject to noncompliance,
and the grant award is subject to reduction, partial, or complete refund to the State of Florida and termination of
this agreement.
8. Financial Consequences. The Department shall apply the following financial consequences for failure to
perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and
287.058, Florida Statutes.
a) Any advanced funds will be returned to the State of Florida if unexpended within the first 3 months of
disbursement.
b) Payments will be withheld for failure to complete services as identified in the Scope of Work and
Deliverables, provide documentation that the deliverable has been completed, or demonstrate the
appropriate use of state funds.
c) If the grantee has spent less than the Grant Award Amount in state funds to complete the Scope of Work,
the final payment will be reduced by an amount equal to the difference between spent state dollars and the
Grant Award Amount.
d) The Division may reduce individual payments by 10% if the completed Deliverable does not meet the
Secretary of the Interior's Standards and Guidelines or other industry standards applicable to the project.
The Division shall reduce total grant funding for the Project in direct proportion to match contributions not met by
the end of the grant period. This reduction shall be calculated by dividing the actual match amount by the required
match amount indicated in the Agreement and multiplying the product by the Grant Award Amount indicated in the
Agreement. Pursuant to Section 17, Grantee shall refund to the Division any excess funds paid out prior to a
reduction of total grant funding.
9. Additional Special Conditions.
Heritage Education Projects.
a) Copyright and Royalties: When publications, films, or similar materials are developed, directly or indirectly,
from a program, project or activity supported by grant funds, any copyright resulting therefrom 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 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.
b) The Grantee shall submit heritage education project contracts to the Division for review and approval prior
to execution.
10. Credit Lines) to Acknowledge Grant Funding. Pursuant to Section 286.25, Florida Statutes, in publicizing,
advertising, or describing the sponsorship of the program the Grantee shall include the following statement:
a) "This project is sponsored in part by the Department of State, Division of Historical Resources and the
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Gant Award Agreement (Form GAA001), Effective 072024
Rule I A-39.001, Florida Adminisn utter Code
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
State of Florida." Any variation in this language must receive prior approval in writing by the Division.
b) All site-specific projects must include a Project identification sign, with the aforementioned language, that
must be placed on site. The cost of preparation and erection of the Project identification sign are allowable
project costs. Routine maintenance costs of Project signs are not allowable project costs. A photograph of
the aforementioned sign must be submitted to the Division as soon as it is erected. Non -site-specific
projects that produce report(s) must include the aforementioned language in the report.
11. Encumbrance of Funds. The Grantee shall execute a binding contract for at least a part of the Scope of Work
by September 30, except as allowed below.
a) Extension of Encumbrance Deadline: The encumbrance deadline indicated above may be extended by
written approval of the Division. To be eligible for this extension, the Grantee must demonstrate to the
Division that encumbrance of grant funding and the required match by binding contract(s) is achievable by
the end of the requested extended encumbrance period. The Grantee's written request for extension of the
encumbrance deadline must be submitted to the Department no later than fifteen (15) days prior to the
encumbrance deadline indicated above.
b) Encumbrance Deadline Exception: For projects not involving contract services the Grantee and the
Department shall consult on a case-by-case basis to develop an acceptable encumbrance schedule.
12. Grant Reporting Requirements. The Grantee must submit the following reports to the Division. All reports
shall document the completion of any deliverables/tasks, expenses and activities that occurred during that reporting
period. All reports on grant progress will be submitted online via www.dosizrants.com.
a) Total Compensation Paid to Non -Profit Personnel Report:
If applicable, the Grantee shall complete and return to the Division within 30 days of the execution of this
Agreement Attachment C, entitled "Total Compensation Paid to Non -Profit Personnel Using State Funds"
which shall satisfy the requirement to provide documentation that indicates the amount of state funds:
i. Allocated to be used during the full term of the contract for remuneration to any member of the board of
directors or an officer of the contractor.
ii. Allocated under each payment by the public agency to be used for remuneration of any member of the
board of directors or an officer of the contractor. The documentation must indicate the amounts and
recipients of the remuneration.
"State funds" means funds paid from the General Revenue Fund or any state trust fund, funds allocated by
the Federal Government and distributed by the state, or funds appropriated by the state for distribution
through any grant program. The term does not include funds used for the state Medicaid program.
b) First Project Progress Report is due by October 31, for the period ending September 30.
c) Second Project Progress Report is due by January 31, for the period ending December 31.
d) Third Project Progress Report is due by April 30, for the period ending March 31.
e) Final Report. The Grantee must submit a Final Report to the Division within one month of the Grant
PaW: 5
Gant Axkard Agreement (Form GAAO01), Effective 07%2024
Rule I A-39.001, Florida Admini.mialm, Code
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Period End Date set forth in Section 2 above.
13. Matching Funds. The Grantee is required to provide a 100% match of the Grant Award Amount. Of the required
match, a minimum of 25% must be cash on hand. The remaining match may include in-kind services, volunteer
labor, donated materials, and additional cash. For projects located in Rural Economic Development Initiative
(REDI) counties or communities that have been designated in accordance with Sections 288.0656 and 288.06561,
Florida Statutes, Grantees may request a waiver of the match amount. Grantees that are Certified Local
Government (CLG) organizations and Main Street Program organizations are not required to provide a match. The
Grantee must submit documentation that the minimum match requirements have been met and provide to the
Division documentation evidencing expenses incurred to comply with this requirement.
14. Grant Completion Deadline. The grant completion deadline is the end date of this Agreement set forth in
Section 2 above. The Grant Completion Deadline is the date when all grant and matching funds have been paid out
or incurred in accordance with the work described in the Scope of Work, detailed in the Estimated Project Budget.
If the Grantee finds it necessary to request an extension of the Grant Completion Deadline, an Amendment to the
Agreement must be executed as per Section 7, and the stipulations in Section 15 must be met.
15. Extension of the Grant Completion Deadline. An extension of the completion date must be requested at least
thirty (30) days prior to the end of the Grant Period and may not exceed 30 days, unless the Grantee can clearly
demonstrate extenuating circumstances. An extenuating circumstance is one that is beyond the control of the
Grantee, and one that prevents timely completion of the Project such as a natural disaster, death or serious illness
of the individual responsible for the completion of the Project, litigation related to the Project, or failure of the
contractor or architect to provide the services for which they were contracted to provide. An extenuating
circumstance does not include failure to read or understand the administrative requirements of a grant or failure to
raise sufficient matching funds. Changes to the original completion deadline shall be valid only when requested in
writing, approved by the Division, and an Amendment to the Agreement has been executed by both parties and
attached to the original of this Agreement. The Grantee must provide documentation that a portion of the grant
funds and match contributions are encumbered and demonstrate to the satisfaction of the Division that project
work is progressing at a rate such that completion is achievable within the extended Grant Period.
16. Non -allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this
agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in
compliance with the state guidelines for allowable Project costs as outlined in the Department of Financial
Services' Reference Guide for State Expenditures (revised 11/1/2019), which are incorporated by reference and
are available online at httpsJ/www.myfloridacfo com/docs-sf/accounting-and-auditing=
hbraries/stateagencies/reference-guide-for-state-expenditures pdf?sfvrsn=b4cc3337_2. The following categories of
expenditures are non -allowable for expenditure of grant funds and as contributions to required match:
a) Expenditures for work not included in the Scope of Work of the executed Grant Award Agreement;
b) Costs of goods and services not procured in accordance with procurement procedures set forth in
the Grant Award Agreement;
c) Costs not consistent with the grant project type, as described in section V.C.2. of the program
guidelines and as selected in the application;
d) Expenses incurred or obligated prior to or after the Grant Period, as indicated in the Grant Award
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Gant AN%ard Ageernent (Four CAA001), Effective 0712024
Me IA -39.001, Florida Administhutl v Code
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Agreement;
e) Expenses associated with lobbying or attempting to influence Federal, State or local legislation, the
judicial branch or any state agency;
f) Expenditures for work not consistent with the applicable historic preservation standards as outlined
in the Secretary of the Interior's Guidelines available at httpsY/www.nps.gov/orgs/1739/secretarystandards-
treatment-historic-properties or applicable industry standards;
g) Costs for projects having as their primary purpose the fulfillment of Federal or State historic preservation
regulatory requirements, including costs of consultation and mitigation measures required under Section 106
of the National Historic Preservation Act of 1966, as amended, or under Section 267.031, F. S.;
h) Projects directed at activities or Historic Properties that are restricted to private or exclusive participation or
access, which shall include restricting access on the basis of sex, race, color, religion, national origin,
disability, age, pregnancy, handicap or marital status;
i) Entertainment, food, beverages, plaques, awards or gifts;
j) Costs or value of donations or In-kind Contributions not documented in accordance with the provisions of
the Grant Award Agreement;
k) Indirect costs including Grantee overhead, management expenses, general operating costs and other costs
that are not readily identifiable as expenditures for the materials and services required to complete the work
identified in the Scope of Work in the Grant Award Agreement. Examples of indirect costs include:
rent/mortgage, utilities, janitorial services, insurance, accounting, internet service, monthly expenses
associated to security systems, non -grant related administrative and clerical staffing, marketing and
fundraising activities;
1) Administrative and project management expenditures such as expenditures that are directly attributable to
management of the grant -assisted Project and meeting the reporting and associated requirements of the
Grant Award Agreement, whether grant expenditures or match contributions, which in aggregate exceed 5%
of the grant award amount;
m) Grantee operational support (ie., organization salaries not directly related to grant activities; travel
expenditures; per diem; or supplies);
n) Insurance costs;
o) Capital improvements to property;
p) Planning activities for the interior of Religious Properties (Exception: planning related to structural elements
of the building. Examples include: foundation repairs, repairs to columns, load bearing wall framing, roof
framing, masonry repairs, window and exterior door repairs and restoration practices associated with the
building envelope);
q) Planning for accessibility improvements for Religious Properties;
r) Furniture, including but not limited to: desks, tables, seating, rugs and mats, artwork and decorations,
window treatments, case goods (including cabinets, countertops, or bookshelves) with no historic
precedent, systems' furniture, movable partitions and acoustical treatments and components, unless specific
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Gant Award Agreernent (Fomi GAA001), Effective 07/2024
Pule I A-34.001, Flondu Adhninisnufier Code
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
prior approval has been granted by the Division;
s) Equipment
Purchase of all equipment directly or indirectly related to the project is non -allowable, even if such
equipment is necessary for the completion of the project. Non -allowable equipment includes, but is not
limited to, portable sound systems, specialty fixtures and equipment, visual display units, televisions,
appliances, computers, cameras, printers, scanners, projection systems, portable light fixtures, and
total stations, anchors and other objects needed to operate boats and ships, pumps, jacks, and other
tools, unless specific prior approval has been granted by the Division
2. If special equipment is required for completion of the Project, it shall be rented for the grant term
unless it can be shown that acquiring the equipment is cheaper than renting the equipment and approval
has been provided by the Division as part of the documentation presented at the time of application. If
the value of special equipment is to be used as a match contribution, the value of the match
contribution shall be limited to the cost of rental for the Grant Period at the market rate for such rental
in the region Approved special equipment purchased with grant funds that cost more than $5,000 and
have a useful life of more than one year will be returned to the Department at the end of the grant
period, prior
to final payment
t) Supplies that will not be consumed in use during the duration of this project;
u) Maintenance of boats, cars, trailers or other vehicles;
v) Costs associated with attending or hosting conferences, summits, workshops or presentations including
facility rental fees (Exception: municipal or county required public meetings necessary for completion of the
grant -assisted project);
w) Travel expenditures, including those of personnel responsible for items of work approved by the Division,
administrative personnel, contracted or subcontracted employees, either for purposes of work on-site or
research off-site; and
x) Tuition waivers, fees, and other non -grant related costs associated with employing students for
grant projects.
17. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida
Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds which has been
advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled
under the terms and conditions of the agreement must be refunded to the state agency. Further, the recipient may
expend funds only for allowable costs resulting from obligations incurred during the specified agreement period.
Expenditures of state financial assistance must be in compliance with the laws, rules, and regulations applicable to
expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures.
18. Repayment. All refunds or repayments to be made to the Department under this Agreement are to be made
payable to the order of the "Department of State" and mailed directly to the following address: Florida Department
of State, Attention: Grants Program Supervisor, Division of Historical Resources, 500 South Bronough Street
Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is
returned to the Department for collection, Grantee shall pay to the Department a service fee of $15.00 or five
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Gant A\Nerd Agreement (Form GAA001), Effective 072024
Rule I A-34001, Floiida Adminimumv Code
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
percent (5%) of the face amount of the returned check or draft, whichever is greater.
19. Single Audit Act. Each Grantee, other than a Grantee that is a State agency, shall submit to an audit pursuant to
Section 215.97, Florida Statutes. See Attachment B for additional information regarding this requirement.
20. Retention of Accounting Records. Financial records, supporting documents, statistical records, and all other
records including electronic storage media pertinent to the Project shall be retained for a period of five (5) years
after the close out of the grant. If any litigation or audit is initiated, or claim made, before the expiration of the five-
year period, the records shall be retained until the litigation, audit, or claim has been resolved.
21. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of
expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized
representative of the State of Florida for inspection at reasonable times for the purpose of making audits,
examinations, excerpts, and transcripts.
22. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel
this Agreement in the event that the Grantee refuses public access to all documents or other materials made or
received by the Grantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the Florida
Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it
receives a public records request related to this Agreement.
23. Investment of Funds Received But Not Paid Out. The Grantee may temporarily invest any or all grant funds
received but not expended, in an interest bearing account pursuant to Section 216.181(16)(b), Florida Statutes.
Interest earned on such investments should be returned to the Division quarterly, except that interest accrued less
than $100 within any quarter may be held until the next quarter when the accrued interest totals more than $100. All
interest accrued and not paid to the Division, regardless of amount, must be submitted with the Grantee's final
Progress Report at the end of the Grant Period.
24. Noncompliance with Grant Requirements. Any Grantee that has not submitted required reports or satisfied
other administrative requirements for this grant or other Division of Historical Resources grants or grants from any
other Florida Department of State (DOS) Division will be in noncompliance status and subject to the DOS Grants
Compliance Procedure. Grant compliance issues must be resolved before a grant award agreement may be
executed, and before grant payments for any DOS grant may be released.
25. Accounting Requirements. The Grantee must maintain their financial records in such a manner that provides a
complete record of the use of all grant funds as follows:
a) The records must be able to specifically provide an audit trail that traces the receipt, maintenance, and
expenditure of state funds;
b) Accounting records must adequately identify the sources and application of funds for all grant activities and
must classify and identify grant funds by using the same budget categories as approved in the grant
application. If Grantee's accounting records accumulate data in a different format than the one specified in
this agreement, subsidiary records must document and reconcile the amounts shown in the Grantee's
accounting records to those amounts reported to the Division.
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Grant A\wd Apeement (Fomi GAA001). Effective 07/2074
Rule 1 A-39.001, Floada Adminimralm, Code
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for
revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget.
d) The Grantee's accounting records must have effective control over and accountability for all funds, property,
and other assets; and
e) Accounting records must be supported by source documentation and be in sufficient detail to allow for a
proper pre -audit and post -audit (such as invoices, bills, and canceled checks).
26. Accounting Documentation For every expense related to the use of grant or match funds and in-kind
contributions the Grantee must submit documentation that demonstrates the expense and/or contribution as
follows:
a) For all non -personnel costs, the Grantee must provide invoices/receipts and proof of payment (i.e.
canceled/processed checks or bank statements). If these costs are donated in-kind contributions, the grantee
must justify the donated value.
b) For personnel costs, the Grantee must provide timesheets that are signed by the employee documenting the
hours worked, include the cost per hour, and demonstrate a clear relationship to the submitted payment
documentation. If donated in-kind, justify the donated hourly value.
c) All costs are required to be reconciled using the "Expenditure Log" in DOSgrants.com. All entries in this log
must be supported by the documentation requirements described in this section.
27. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are
contingent upon an annual appropriation by the Florida Legislature, or the United States Congress in the case of a
federally funded grant. In the event that the state or federal funds upon which this Agreement is dependent are
withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the
Grantee, beyond those amounts already released prior to the termination date. Such termination will not affect the
responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state
revenue shortfall, the total grant may be reduced accordingly.
28. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents
and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as
officers, agents, or employees of the state. The Grantee is not entitled to accrue any benefits of state employment,
including retirement benefits and any other rights or privileges connected with employment by the State of
Florida.
29. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in
connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to
provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any
expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its
subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the
necessary steps to ensure that each of its subcontractors will be deemed to be "independent contractors" and will
not be considered or permitted to be agents, servants, joint ventures, or partners of the Division.
30. Liability. The Division will not assume any liability for the acts, omissions to act, or negligence of, the Grantee,
its agents, servants, or employees; nor may the Grantee exclude liability for its own acts, omissions to act, or
negligence, to the Division.
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Gant ANwd A,p'eernent (Form GkA001), Effective 07/2024
Me I A-39.001. Floddn Admineirhwfir Gtde
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death, and
property damage arising out of activities related to this Agreement by the Grantee, its agents, servants,
employees, and subcontractors. The Grantee, other than a Grantee which is the State or the State's agencies
or subdivisions, as defined in Section 768.28, Florida Statutes, shall indemnify and hold the Division
harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the
Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with that
Section.
b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity, or
increases the limits of its liability, by entering into this Agreement.
c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection
related to this Agreement.
d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the
Project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement,
including entering into subcontracts with vendors for services and commodities; and provided that it is
understood by the Grantee that the Division shall not be liable to the subcontractor for any expenses or
liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcontract.
31. Strict Compliance with ]Laws. The Grantee shall perform all acts required by this Agreement in strict conformity
with all applicable local, state and federal laws and regulations. The Grantee shall during the term of this Agreement
be in strict conformity with all applicable local, state and federal laws and regulations.
32. No Discrimination. The Grantee and their subcontractors may not discriminate against any employee employed
under this Agreement, or against any applicant for employment because of race, color, religion, gender, national
origin, age, pregnancy, handicap or marital status. The following or a similar provision must be inserted into all of
the subcontracts for services executed under this Agreement:
a) No employee or applicant for employment engaged under this Agreement may be discriminated against becai
of race, color, religion, gender, national origin, age, pregnancy, handicap or marital status
33. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold
subsequent payments, and/or will terminate this agreement if the Grantee improperly expends and manages grant
funds, fails to prepare, preserve or surrender records required by this Agreement, or otherwise violates this
Agreement.
34. Termination of Agreement.
a) Termination by the Division. The Division will terminate or end this Agreement if the Grantee fails to fi[ifill its
obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter, and
shall give the Grantee fifteen (15) calendar days from the date of receipt to cure its violation. If the violation
is not cured within the stated period, the Division will terminate this Agreement. The notice of violation letter
shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a
method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee
will be compensated for any work completed in accordance with this Agreement, prior to the notification of
termination, if the Division deems this reasonable under the circumstances. Grant funds previously advanced
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RYAN L. BUTLER, CLERK
and not expended on work completed in accordance with this Agreement shall be returned to the Division,
with interest, within thirty (30) days after termination of this Agreement. The Division does not waive any of
its rights to additional damages, if grant funds are returned under this Section.
b) Termination for convenience. The Division or the Grantee may terminate the grant in whole or in part when
both parties agree that the continuation of the Project would not produce beneficial results commensurate
with the further expenditure of funds. The two parties will agree upon the termination conditions, including
the effective date, and in the case of partial terminations, the portion to be terminated.
c) Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to the 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 Division. Request for termination prior to completion must fully detail the reasons for
the action and the proposed disposition of the uncompleted work.
35. Preservation of Remedies. No delay or omission to exercise any right, power, or remedy accruing to either party
upon breach or violation by either party under this Agreement, shall impair any such right, power or remedy of
either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any
similar breach or default.
36. Non -Assignment of Agreement. The Grantee may not assign, sublicense nor otherwise transfer its rights, duties
or obligations under this Agreement without the prior written consent of the Division, which consent shall not
unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the
Project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work
performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the
rights, duties, and obligations of the Division to another governmental entity pursuant to Section 20.06, Florida
Statutes, or otherwise, the rights, duties, and obligations under this Agreement shall be transferred to the successor
governmental agency as if it was the original party to this Agreement.
37. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum
open competition when procuring goods and services related to the grant -assisted project. Procurement
documentation supporting maximum open competition may be requested by the Division for review and approval
prior to execution of these subcontracts.
a) The Grantee must procure all professional services (architects, conservators, historic preservation consultant
structural engineers, landscape architects) using at least a request for qualifications, and the grantee must
solicit at least three (3) responses to their request for the service.
b) All contracts for procurement of goods and services (construction, exhibit fabrication, etc.) not included in
Section 37.a. as described above must be procured in the manner described below:
1. Procurement of Goods and Services Not Exceeding $35,000. The Grantee must use the applicable
procurement method described below:
i. Purchases Up to $2,500: Procurement of goods and services where individual purchases do not
exceed $2,500 may be conducted at the Grantee's discretion using good purchasing practices.
ii. Purchases or Contract Amounts Between $2,500 and $35,000: Goods and services costing between
$2,500 and $35,000 require informal competition such as written quotations and informal bids, and
may be procured by purchase order, acceptance of vendor proposals or other appropriate
procurement document.
2. Procurement of Goods and Services Exceeding $35,000. Goods and services costing over $35,000
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may be procured by either formal invitation to bid or request for proposals, and may be procured by
purchase order, acceptance of vendor proposals or other appropriate procurement document.
L Any formal competitive solicitation shall be made available simultaneously to all vendors, must
include the time and date for the receipt of bids, proposals, or replies and of the public opening,
and must include all contractual terms and conditions applicable to the procurement, and the criteria
to be used in determining acceptability and relative merit of the bid, proposal, or reply.
c) State entities should follow required procedures set forth in Chapter 287, Florida Statutes and Rule 60A
1.002 of Florida Administrative Code. If the grantee is a non -state entity (local government or non-profit
organization) and has existing procurement requirements and procedures, follow the more restrictive, as long
as state requirements are still met.
38. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest
described in Sections 112.311 through 112.326, Florida Statutes, and affirms that it will not enter into or maintain
a business or other relationship with any employee of the Department of State that would violate those provisions.
The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to
entering into any business or other relationship with a Department of State Employee to avoid a potential violation
of those statutes.
39. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the
Grantee and of any legal entity that succeeds to the obligations of the Division of Historical Resources.
40. No Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered
a violation of Section 274A (a) of the Immigration and Nationality Act. If the Grantee knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement.
41. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder
will remain in full force and effect, and such term or provision shall be deemed stricken.
42. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards
of Sections 553.501-553.513, Florida Statutes, and the Americans with Disabilities Act of 1990 as amended (42
U.S.C. 12101, et seq.), which is incorporated herein by reference.
43. Governing Law. This Agreement shall be construed, performed, and enforced in all respects in accordance with
the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon
County, Florida.
44. Rural Communities. If the Grantee is a county or municipality that is a rural community or rural area of
opportunity as those terms are defined in section 288.0656(2), F.S., the payment of submitted 'invoices may be
issued for verified and eligible performance that has been completed in accordance with the terms and conditions
set forth in this Agreement to the extent that federal or state law, rule, or other regulation allows such payments.
Upon meeting either of the criteria set forth below, the Grantee may elect in writing to exercise this provision.
a) A county or municipality that is a rural community or rural area of opportunity as those terms are defined in
section 288.0656(2), F.S., that demonstrates financial hardship; or
b) A county or municipality that is a rural community or rural area of opportunity as those terms are defined in
section 288.0656(2), F.S., and which is located in a fiscally constrained county, as defined in section
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RYAN L. BUTLER, CLERK
218.67(1). If the Grantee meets the criteria set forth in this paragraph, then the Grantee is deemed to have
demonstrated a financial hardship.
45. Restrictive Covenants. In accordance with section 287.05805, Florida Statutes, for Acquisition and
Development projects directed at Real Property, if funded, the Grantee (and the Property Owner, if not the
Grantee), prior to the release of the first installment of grant funds, must grant to the Florida Department of State a
security interest in the Real Property at least to the amount of state funds to be provided in the grant agreement.
This security interest shall be recorded in the form of a restrictive covenant on the Real Property, active for a
period of fifteen (15) years for Development or active for twenty (20) years for an Acquisition. The Grantee (and
the Property Owner, if not the Grantee) shall record the security interest in the office of the clerk of the circuit
court of the county, or another office serving as the county recorder as provided by law, in which the Real
Property is located.
46. Entire Agreement. The entire Agreement of the parties consists of the following documents:
a) This Agreement
b) Estimated Project Budget (Attachment A)
c) Single Audit Act Requirements and Exhibit I (Attachment B)
d) Total Compensation Paid to Non -Profit Personnel Using State Funds (Attachment C)
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Pule 1 A-39.001. Florida Adminiw-amr Code
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RYAN L. BUTLER, CLERK
In acknowledgment of this grant, provided from funds appropriated in the 2025 General Appropriation Act, I
hereby certify that I have read this entire Agreement, and will comply with all of its requirements.
Department of State:
C
Alissa Lotane, Division Director
Date
Attest:
By:
� 0 �J
Rya4 L. Butler,
Clerk of Court and Comptroller
to form and legal sufficiency:
A. Hicks, Asst. County Attorney
Gant A\,ard Ageernent (Form GAA001), Effective 072024
Rile I A-39.001, Rwidu Adminimuffi v Code
r....
IS
Grantee: Board of County Commissioner , pti ...S./O+j"
Indian River County, Florida s
� ;oma'• � � .�':
Susan dams, Chairman
October 8. 2024 ..
Date approved by BoCC
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RYAN L. BUTLER, CLERK
ATTACHMENT A
Estimated Project Budget
Description Grant Funds Cash Match In Kmd Match
Develop, produce, and install fifteen (15) interpretive signs $3,500 $3,500
Produce one (1) educational video a minimum of eight (8) $3,500 $3,500
minutes in length
Produce five thousand (5,000) educational brochures $4,250 $4,250
Totals $11,250 $11,250 $0
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RYAN L. BUTLER, CLERK
ATTACHMENT B
FLORIDA SINGLE AUDIT ACT REQUIREMENTS
AUDIT REQUIREMENTS
The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or
monitoring by the Department of State as described in this Addendum to the Grant Award Agreement.
In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and section
215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring procedures may include, but not be limited
to, on-site visits by Department of State staff, limited scope audits as defined by 2 CFR §200.425, or other procedures.
By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures or
processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by
Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with
any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor
General.
AUDPTS
Part I: Federally Funded
This part is applicable if the recipient is a state or local government or a nonprofit organization as defined in 2 CFR
§200.90, §200.64, and §200.70.
1. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program -specific
audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. EXHIBIT 1 to
this agreement lists the federal resources awarded through the Department of State by this agreement. In determining
the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including
federal resources received from the Department of State. The determination of amounts of federal awards expended
should be in accordance with the guidelines established in 2 CFR §§200.502-503. An audit of the recipient
conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements
of this Part.
2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to
auditee responsibilities as provided in 2 CFR §§200.508-512.
3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. If the recipient
expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance
with the provisions of 2 CFR 200, Subpart F - Audit Requirements, the cost of the audit must be paid from non-
federal resources (ie., the cost of such an audit must be paid from recipient resources obtained from other than
federal entities).
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RYAN L. BUTLER, CLERK
The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this
agreement and the interpretation of compliance issues.
U.S. Government Printing Office www.ecfr.aov
Part 1I: State Funded
This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2), F.S.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000
in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a
state single or project -specific audit for such fiscal year in accordance with section 215.97, F.S.; Rule Chapter 69I-
5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement lists the state financial
assistance awarded through the Department of State by this agreement. In determining the state financial assistance
expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state
financial assistance received from the Department of State, other state agencies, and other nonstate entities. State
financial assistance does not include federal direct or pass-through awards and resources received by a nonstate
entity for federal program matching requirements.
2. For the audit requirements addressed in Part 11, paragraph 1, the recipient shall ensure that the audit complies with
the requirements of section 215.97(8), F.S. This includes submission of a financial reporting package as defined by
section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General.
3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June
30, 2017, and thereafter), an audit conducted in accordance with the provisions of section 215.97, F.S., is not
required. If the recipient expends less than $750,000 in state financial assistance in its fiscal and elects to have an
audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from
the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained
from other than state entities).
The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this
agreement and the interpretation of compliance issues.
State of Florida Department Financial Services (Chief Financial Officer)
httpJ/www.myfloridacfo.com/
State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act)
ft://www.leiz.state.fLus/
Part III: Report Submission
1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit
Requirements, and required by Part I of this agreement shall be submitted, when required by 2 CFR §200.512, by
or on behalf of the recipient directly to each of the following:
1. The Department of State through the httpsJ/dosgrants.com/ grants management system.
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RYAN L. SUTLER, CLERK
2. The Federal Audit Clearinghouse (FAC) as provided in 2 CFR §200.36 and §200.512.
The FAC's website provides a data entry system and required forms for submitting the single audit reporting
package. Updates to the location of the FAC and data entry system may be found at the OMB website.
2. Copies of financial reporting packages required by Part U of this agreement shall be submitted by or on behalf of
the recipient directlyto each of the following:
1. The Department of State through the httpsJ/dosgrants.com/ grants management system.
2. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General's website (httpsJ/flauditor.gov/) provides instructions for filing an electronic copy of a
financial reporting package.
3. Any reports, management letters, or other information required to be submitted to the Department of State pursuant
to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F. S., and Chapters
10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
4. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance
with 2 CFR 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting
package was delivered to the recipient in correspondence accompanying the reporting package.
Part V: Record Retention
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s) and this
agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or
its designee, the CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit
working papers are made available to the Department of State, or its designee, the CFO, or Auditor General upon request
for a period of at least three years from the date the audit report is issued, unless extended in writing by the Department
of State.
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RYAN L. BUTLER, CLERK
EXHIBIT 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
Not applicable.
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCESAWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Not applicable.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
MATCHING RESOURCESFOR FEDERAL PROGRAMS:
Not applicable.
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Florida Department of State Historic Preservation Grants; CSFA Number 45.031. Award Amount: $11,250
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
The compliance requirements of this state project may be found in Part Four (State Project Compliance Requirements)
of the State Projects Compliance Supplement located at httpsJ/apps.fldfs.com/fsaa/.
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RYAN L. BUTLER, CLERK
ATTACHMENT C
Total Compensation Paid to Non -Profit Personnel Using State Funds
Name:
Title:
Agency Agreement/Contract fl
Total Contract Amount
Contract Term:
Invoice Number
Invoice Period
Line Item Total Amount Total Amount Amount Paid from State
Budget Category Allocated Paid Funds
Salaries
Fringe Benefits
Bonuses
Accrued Paid Time Off
Severance Payments
Retirement Contributions
In -Kind Payments
Incentive Payments
Reimbursements/Allowances
Moving Expenses
Transportation Costs
Telephone Services
Medical Services Costs
Housing Costs
Meals
Amount Paid to Date
CERTIFICATION: I certify that the amounts listed above are true and accurate and in accordance with
the approved budget.
Name:
Signature:
Title:
Date:
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Gant A%kerd Ageernent (For) GAA001 }, Effective 07;2024
Rule I A-39.001, Flo ida Adminim utive Code
S'ATE OF "-,.oaDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF THE CRIGINAL ON fK& IN THIS OFF".
RYAN L BU CLERK
BY _ � .C.
DATE iU
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Gant Amrd Agreement (Form GAP.001), Effective 0712024
Rule IA -39.001, 1-7oaidaAdministratm Code