HomeMy WebLinkAboutExhibit - AgreementAGREEMENT BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF STATE
AND
CITY OF MIAMI
This Agreement is by and between the State of Florida, Department of State, Division of Historical
Resources hereinafter referred to as the "Division," and the City of Miami hereinafter referred to as the
"Gran.tee."
The Grantee has been awarded a Special Category Grant (CSFA 45.032) by the Division, grant number
MP511 for the project "Munroe Marine Stadium" in the amount of $1,000,000. Funds for this grant have
been appropriated in the FY 2014-2015 General Appropriations Act on line 3113A. The Division has the
authority to administer this grant inaccordance 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 "Munroe Marine Stadium," the public
purpose for which these funds were appropriated.
a) The Grantee shall perform the following Scope of Work:
The restoration project includes a structure survey, schematic design, design development, creation
of construction documents, permitting, and bidding. All tasks associated with the project, as
outlined in the Project Description (See Attachment A), will be performed by June 1, 2016.
b) The Grantee agrees to provide the following Deliverables and Performance Measures related to
the Scope of Work for payments to be awarded.
Payment 1, Deliverable/ Task 1:
• Payment 1 will be cost reimbursement. Provide results from structure survey and schematic
design to the Division for review and approval.
Payment 2, Deliverable/ Task 2:
la Payment 2 will be cost reimbursement. Provide design development documents to the Division
for review and approval.
Payment 3, Deliverable/ Task 3:
• Payment 3 will be cost reimbursement. Submit all construction documents to the Division for
review and approval.
Payment 4, Deliverable/ Task 4:
• Payment 4 will be cost reimbursement. Provide permitting applications and bidding documents
packages to the Division.
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c) The Grantee has provided an Estimated Project Budget (which is incorporated as part of this
Agreement and entitled Attachment B). All expenditures for this agreement shall be in accordance
with this budget (Attachment B).
2. Length of Agreement. This Agreement shall begin on July 1, 2014, and shall end June 1, 2016, unless
terminated in accordance with the provisions of Section 35 of this Agreement. Contract extensions will
not be granted unless Grantee is able to provide substantial written justification and the Division
approves such extension. The Grantee's written request for such extension .must be submitted to the
Division no later than thirty (30) days prior to the termination date of this Agreement.
3. Contract Administration. The parties are legally bound by the requirements of this agreement. Each
party's contract manager, named below, will be responsible for monitoring its performance under this
Agreement, and will be the official contact for each party. Any notice(s) or other communications in
regard to this agreement shall be directed to or delivered to the other party's contract manager by
utilizing the infoiuiation below. Any change in the contact information below should be submitted in
writing to the contract manager within 10 days of the change.
For the Division of Historical Resources:
Robyn Bertram
Florida Department of State
R.A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399
Phone: 850.245.6355
Email. robyn.bertram@dos.myflorida.com
For the Grantee:
Contact: Robert Weinreb
Address: 444 SW 2ndAvenue, Miami, Florida 33130
Phone: 305.725.7457
Email: rweinreb@miamigov.com
4. Grant Payments. All grant payments are requested by submitting a Grants Funds Expenditure Log
(See Section 7). The total grant award shall not exceed $1,000,000 which shall be paid by the Division
in consideration for the Grantee's minimum performance as set forth by the terms and conditions of
this Agreement. The grant payment schedule is outlined below:
a) The first payment will be cost reimbursement. Payment will be made in accordance with the
completion of Deliverable 1.
b) The second payment will be cost reimbursement. Payment will be made in accordance with the
completion. of Deliverable 2.
c) The third payment will be cost reimbursement. Payment will be made in accordance with the
completion of the Deliverable 3.
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d) The fourth payment will be cost reimbursement. Payment will be made in accordance with the
completion of the Deliverable 4.
5. Electronic Payments. The Grantee can choose to use electronic funds transfer (EFT) to receive grant
payments. All grantees wishing to receive their award through electronic funds transfer must submit a
Direct Deposit Authorization form to the Florida Department of Financial Services. If EFT has already
been set up for your organization, you do not need to submit another authorization form unless you
have changed bank accounts. To download this form visit
www.myfloridacfo.com/Division/AA/Foiiris/DFS-A1-26E.pdf. This page also includes tools and
information that allow you to check on payments.
6. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that
receives a payment from the State of Florida that may be subject to 1099 reporting. The Department
of Financial. Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other
related information in order to report accurate tax information to the Internal Revenue Service (IRS).
To register or access a Florida Substitute Form W-9 visit flvendor.myfloridacfo.com/. A copy of the
Grantee's Florida Substitute Form W-9 must be submitted with the executed Agreement.
7. Grant Funds Expenditure Log. The Grantee must submit the Grant Funds Expenditure Log prior to
the release of any subsequent payments. Each log must list all grant expenditures, including check
numbers, payees, dates of payment, check amounts, and date of Deliverables that support the
satisfactory completion of services for each payment. The Grant Funds Expenditure Log details how
grant funds were spent to achieve the deliverable(s) during the previous payment period. The Grant
Funds Expenditure Log form is available on the Division's website at
http ://dos.myflorida. com/historical/grants/special-category-grants/.
8. Amendment to Contract. Either party may request modification of the provisions of this Agreement
by filing a Contract Details Amendment Request form with the Division. Changes which are agreed
upon shall be valid only when in writing, signed by each of the parties, and attached to the original of
this Agreement. If changes are implemented without the Division's written approval, the organization
is subject to noncompliance, and the grant award is subject to reduction, partial, or complete refund to
the State of Florida and termination of this agreement. The Contract Details Amendment Request form
is available on the Division's website at www.flheritage.com/grants/categories/special.cfm.
9. Financial Consequences. The Department shall apply the following financial consequences for
failure to perform the minimum level of services required by this Agreement in accordance with
Sections 215.971 and 287.058, Florida Statutes.
a) First payment will be withheld if Deliverable 1 is not satisfactorily completed.
b) Second payment will be withheld if Deliverable 2 is not satisfactorily completed.
c) Third payment will be withheld if Deliverable 3 is not satisfactorily completed.
d) Fourth payment will be withheld if Deliverable 4 is not satisfactorily completed.
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The Division shall reduce total grant funding for the Project in direct proportion to match contributions
not met by the end of the Grant Period. This reduction shall be calculated by dividing the actual match
amount by the required match amount indicated in the Historic Grant Award Agreement and
multiplying the product by the grant awardamount indicated in the Historic Grant Award Agreement.
Pursuant to Section 19, Grantee shall refund to the Division any excess funds paid out prior to a
reduction of total grant funding.
10. Survey and Planning Projects.
a) The Grantee shall submit survey and planning projects, including specifications, to the
Department for review and approval prior to the execution of any contracts.
b) For historical structure and archaeological survey projects, the Grantee shall follow the historic
structure and archaeological survey guidelines as outlined inthe documents found online at
http://dos.myflorida. com/historical/grants/special-category-grants/.
11. Credit Line(s) 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 State of Florida."
12. Encumbrance of Funds. The Grantee shall execute a binding contract for at least a part of the
approved Scope of Work by February 28, 2015. All grant funds must be encumbered under the terms
of a binding contractual agreement by June 30, 2015, except as allowed below.
a) Extension of Encumbrance Deadline: The encumbrance deadline indicated above may be extended
by written approval of the Division. To be eligible for this extension, the Grantee must
demonstrate to the Division that full encumbrance of grant funding and the required match by
binding contract(s) is achievable by the end of the requested extended encumbrance period. The
Grantee's written request for extension of the encumbrance deadline must be submitted to the
Department no later than fifteen (15) days prior to the encumbrance deadline indicated above. The
maximum extension of the encumbrance period shall be thirty (30) days.
b) Encumbrance Deadline Exception: For projects not involving contract services the Grantee and
the Depai taeent shall consult on a case -by -case basis to develop an acceptable encumbrance
schedule.
13. Grant Reporting Requirements. The Grantee must submit the following reports to the Division,
using the Project Progress Report form. The Project Progress Report formis available on the
Division's website at www.flheritage.com/grants/categories/special.cfi1i.
a) First Project Progress Report is due by January 31, 2015, for the period ending December 31,
2014.
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b) Second Project Progress Report is due by July 31, 2015, for the period ending June 30, 2015.
c) Third Project Progress Report is due by January 31, 2016, for the period ending December 31,
2015.
d) Final Project Progress Report. The Grantee must submit a Final Report to the Division by June
1, 2016.
14. Matching Funds. The Grantee is not required to provide a match.
15. Grant Completion Deadline. The grant completion deadline is June 1, 2016. The Grant Completion
Deadline is the date when the project is 100% complete and all grant and matching funds have been
paid out in accordance with the work described in the Scope of Work, detailedin the Estimated Project
Budget. If the Grantee finds it necessary to request an extension of the Grant Completion Deadline, the
extension may not exceed 120 days, unless the Grantee can demonstrate extenuating circumstances as
described in Section 17 of this Agreement.
16. Extension of the Grant Completion Deadline. An extension of the completion date must be
requested at least thirty (30) days prior to the endof the grant period and may not exceed 120 days,
unless the Grantee can clearly demonstrate extenuating circumstances. An extenuating circumstance
is one that is beyond the control of the Grantee, and one that prevents timely completion of the project
such as a natural disaster, death or serious illness of the individual responsible for the completion of
the project, litigation related to the project, or failure of the contractor or architect to provide the
services for which they were contracted to provide. An extenuating circumstance does not include
failure to read or understand the administrative requirements of a grant or failure to raise sufficient
matching funds. Prior written approval is required for extensions.
17. Non -allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this
agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall
be in compliance with the state guidelines for allowable project costs as outlined in the Department of
Financial Services' Reference Guide for State Expenditures, which are incorporated by reference and
are available online at www.myfloridacfo.com/aadir/referenceguide/. In addition, the following are
not allowed as grant or matching expenditures:
a) Expenditures for work not included in the Approved Scope of Work;
b) Costs of goods and services not procured in accordance with procurement procedures set forth
in the Historic Preservation Grant Award Agreement;
c) Expenses incurred or obligated prior to or after the grant period;
d) Expenditures for work not consistent with the applicable preservation standards (see
subsection 1A-39.002(31), F.A.C.);
e) Expenditures for Furniture and Equipment, unless specifically authorized as a part of a grant
proj ect;
f) Expenses associated with lobbying or attempting to influence federal, state, or local legislation,
the judicial branch, or any state agency;
g) Private entertainment, food, beverages, plaques, awards, or gifts;
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h) Costs or value of donations or in -kind contributions not documented in accordance with the
provisions of the Historic Preservation Grant Award Agreement;
i) Indirect costs, except indirect costs for Statewide Special Projects and grants providing
technical assistance to the statewide Florida Main Street Program, which shall be considered
on a case -by -case basis but shall not exceed 20% of the grant awardamount;
j) Project Administrative Expenditures, whether grant expenditures or match contributions,
which in aggregate exceed 10% of the grant award amount;
k) Costs for projects having as their primary purpose the fulfillment of federal or state historic
preservation regulatory requirements, specifically, costs of consultation and mitigation.
measures required under Section 106 of the National Historic Preservation Act of 1966, as
amended through 2006, or under Section 267.031, F.S.;
1) Projects which are restricted to private or exclusive participation, which shall include
restricting access on the basis of sex, race, color, religion, national origin, disability, age,
handicap, or marital status;
m) Grantee operational. support (i.e., organization salaries, travel, supplies) (Note: project -specific
travel costs shall be allowed if requested in the application, included in the Project Budget and
clearly demonstrated by the applicant to be essential to completion of the proposed project);
n) Vehicular circulation and parking (Exception: provision of code -required handicapped parking
pad);
o) Sidewalks, landscape features, planting, irrigation systems and site lighting (Exception:
sidewalk required to link code -required handicapped parking pad to the accessible entry,
planting required to halt erosion, andlimited site lighting required for security, if included in
the Approved Scope of Work);
p) Capital improvements to non -historic properties (except as approved for Museum Exhibit
projects);
q) Capital improvements to the interior of religious properties (Exception: repairs to primary
elements of the structural system. Examples include: foundation repairs, repairs to columns,
load bearing wall framing, roof framing, masonry repairs, and window and exterior door
repairs);
r) Code -required accessibility improvements for religious properties;
s) Insurance costs (Exception: costs for builder's risk, workers compensation and contractor's
liability insurance); and
t) Purchase of equipment (other than equipment incorporated as capital improvements into a
historic building during restoration or rehabilitation, and equipment required for a museum
exhibit). If special equipment is required for completion of the Project and said equipment is
included in the Approved Scope of Work for the Project as an eligible grant expense, it shall
be rented for the grant term. If the value of special equipment is to be used as a match
contribution, the value of the match contribution shall be limited to the cost of rental for the
grant period at the market rate for such rental in the region.
18. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971,
Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds
which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to
which the recipient is entitled under the terms and conditions of the agreement must be refunded to
the state agency. Further, the recipient may expend funds only for allowable costs resulting from
obligations incurred during the specified agreement period. Expenditures of state financial assistance
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must be in compliance with the laws, rules, and regulations applicable to expenditures of State funds,
including, but not limited to, the Reference Guide for State Expenditures.
19. Repayment. All refunds or repayments to be made to the Department under this agreement are to be
made payable to the order of the "Department of State" and mailed directly to the following address:
Florida Department of State, Attention: Robyn Bertram, Division of Historical Resources, 500 South
Bronough Street Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a
check or other draft is returned to the Depaitnuent for collection, Recipient shall pay to the Department
a service fee of $15.00 or five percent (5%) of the face amount of the returned check or draft,
whichever is greater.
20. Single Audit Act Each grantee, other than a grantee that is a State agency, shall submit to an audit
pursuant to Section 215.97, Florida Statutes. See Attachment C for additional information regarding
this requirement.
21. Retention of Accounting Records. Financial records, supporting documents, statistical records, and
all other records including electronic storage media pertinent to the Project shall be retained for a
period of five (5) years after the close out of the grant. If any litigation or audit is initiated, or claim
made, before the expiration of the five-year period, the records shall be retained until the litigation,
audit, or claim has been resolved.
22. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of
expenditures, copies of reports, books, and related documentation available to the Division or a duly
authorized representative of the State of Florida for inspection at reasonable times for the purpose of
making audits, examinations, excerpts, and transcripts.
23. Obligation to Provide Public Access to Grant Records. The Division reserves the right to
unilaterally cancel this Agreement .in the event that the Grantee refuses public access to all documents
or other materials made or received by the Grantee that are subject to the provisions of Chapter 119,
Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact
the Division's Contract Manager for assistance if it receives a public records request related to this
Agreement.
24. 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 paidto the
Division, regardless of amount, must be submitted with the Grantee's Final Project Progress Report at
the end of the Grant Period.
25. Noncompliance with Grant Requirements. Any applicant that has not submitted required reports
or satisfied other administrative requirements for other Division of Historical Resources grants or
grants from any other Office of Cultural, Historical, and Infouiiation Programs (OCHIP) Division will
be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. (OCHIP)
Divisions include the Division of Cultural Affairs, the Division of Historical Resources, and the
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Division of Library and Information Services.) Grant compliance issues must be resolved before a
grant award agreement may be executed, and before grant payments for any OCHIP grant may be
released.
26. Accounting Requirements. The Grantee must maintain an accounting systemthat provides a
complete record of the use of all grant funds as follows:
a) The accounting system must be able to specifically identify and provide audit trails that trace the
receipt, maintenance, and expenditure of state funds;
b) Accounting records must adequately identify the sources and application of funds for all grant
activities and must classify andidentify grant funds by using the same budget categories that were
approved in the grant application. If Grantee's accounting system accumulates data in a different
faunal than the one in the grant application, subsidiary records must document and reconcile the
amounts shown in the Grantee's accounting records to those amounts reported to the Division.
c) An interest -bearing checking account or accounts in a state or federally chartered institution may
be used for revenues and expenses described in the Scope of Work and detailed in the Estimated
Project Budget.
d) The name of the account(s) must include the grant award number;
e) The Grantee's accounting records must have effective control over and accountability for all funds,
property, and other assets; and
f) Accounting records must be supported by source documentation and be in sufficient detail to allow
for a proper pre -audit and post -audit (such as invoices, bills, and canceled checks).
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. In the event that
the state funds upon which this Agreement is dependent are withdrawn, this Agreement will be
automatically terminated and the Division shall have no further liability to the Grantee, beyond those
amounts already expended prior to the teiinination 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
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the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under
its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors
will be deemed to be "independent contractors" and will not be considered or permitted to be an agents,
servants, joint venturers, or partners of the Division.
30. Liability. The Division will not assume any liability for the acts, omissions to act, or negligence of,
the Grantee, its agents, servants, or employees; nor may the Grantee exclude liability for its own acts,
omissions to act, or negligence, to the Division.
a) The Grantee shall be responsible for claims of any nature, including but not limitedto injury, death,
and property damage arising out of activities related to this Agreement by the Grantee, its agents,
servants, employees, and subcontractors. The Grantee shall indemnify and hold the Division
harmless from any and all claims of any nature and shall investigate all such claims at its own
expense. If the Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated
in accordance with this Section.
b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign
immunity, or increases the limits of its liability, by entering into this Agreement.
c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of
collection related to this Agreement.
d) The Grantee shall be responsible for all work performed and all expenses incurred in connection
with the project. The Grantee may subcontract as necessary to perform the services set forth in this
Agreement, including entering into subcontracts with vendors for services and commodities; and
provided that it is understood by the Grantee that the Department shall not be liable to the
subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee
shall be solely liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
31. Strict Compliance with Laws. The Grantee shall perform all acts requiredby this Agreement in
strict conformity with all applicable laws and regulations of the local, state and federal law.
32. No Discrimination. The Grantee may not discriminate against any employee employed under this
Agreement, or against any applicant for employment because of race, color, religion, gender, national
origin, age, handicap or marital status. The Grantee shall insert a similar provision in all of its
subcontracts for services under this Agreement.
33. Breach of Agreement. The Division will demand the return of grant funds already received, will
withhold subsequent payments, and/or will terminate this agreement if the Grantee improperly
expends and manages grant funds, fails to prepare, preserve or surrender records required by this
Agreement, or otherwise violates this Agreement.
34. Termination of Agreement. The Division will terminate or end this Agreement if the Grantee fails
to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its
violation by letter, and shall give the Grantee fifteen (15) calendar days from the date of receipt to cure
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its violation. If the violation is not cured within the stated period, the Division will terminate this
Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager,
personally, or mailed to his/her specified address by a method that provides proof of receipt. In the
event that the Division terminates this Agreement, the Grantee will be compensated for any work
completed in accordance with this Agreement, prior to the notification of termination, if the Division
deems this reasonable under the circumstances. Grant funds previously advanced and not expended
on work completed in accordance with this Agreement shall be returned to the Division, with interest,
within thirty (30) days after tennination of this Agreement. The Division does not waive any of its
rights to additionaldamages, if grant funds are returned under this Section.
35. Preservation of Remedies. No delay or omission to exercise any right, power, or remedy accruing
to either party upon breach or violation by either party under this Agreement, shall impair any such
right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of
any such breach or default, or any similar breach or default.
36. Non -Assignment of Agreement. The Grantee may not assign, sublicense nor otherwise transfer its
rights, duties or obligations under this Agreement without the prior written consent of the Division,
which consent shall not unreasonably be withheld. The agreement transferee must demonstrate
compliance with the requirements of the project. If the Division approves a transfer of the Grantee's
obligations, the Grantee shall remain liable for all work performed and all expenses incurred in
connection with this Agreement. In the event the Legislature transfers the rights, duties, and
obligations of the Division to another governmental entity pursuant to Section 20.06, Florida Statutes,
or otherwise, the rights, duties, and obligations under this Agreement shall be transferred to the
successor governmental agency as if it was the original party to this Agreement.
37. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide
maximum open competition when procuring goods and services related to the grant -assisted project
in accordance with Section 287.057, Florida Statutes.
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.
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41. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the
remainder will remain in full force and effect, and such term or provision shall be deemed stricken.
42. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet
the standards of Sections 553.501. 553.513, Florida Statutes, and the Americans with Disabilities Act
of 1990.
43. Governing Law. This Agreement shall be construed, performed, and enforced in all respects in
accordance with the laws and rules of Florida. Venue or location for any legal action arising under
this Agreement will be in Leon County, Florida.
44. Entire Agreement. The entire Agreement of the parties consists of the following documents:
a) This Agreement
b) Project Description (Attachment A)
c) Estimated Project Budget (Attachment B)
d) Single Audit Act Requirements and Exhibit I (Attachment C)
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In acknowledgment of Grant Number MP511 provided for from funds appropriated in the FY 2014-
2015 General Appropriation Act in the amount of $1,000,000, I hereby certify that I have read this
entire Agreement, and will comply with all of its requirements.
Department of State: Grantee:
By: By:
Robert F. Bendus, Division Director Authorizing Official for the Grantee*
Typed name and title Typed name and title
Witness Witness
Date Date
*If the authorizing official signing above on behalf of the grantee organization is not the chief
executive officer or equivalent then another authorized official must sign below.
On behalf of the governing body of the Grantee organization, I hereby acknowledge awareness of, and
agree to comply with all of the requirements of. this Grant Agreement.
Signature Typed name and title
Witness Date
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ATTEST
BY:
Todd B. Hannon
City Clerk
CITY OF MIAMI,
A FLORIDA MUNICIPAL CORPORATION
BY:
Daniel J. Alfonso
City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
BY: BY:
Victoria Mendez
City Attorney
ATTEST
By:
Ann Marie Sharpe, Director
Risk Management
ATTACHMENT A
Project Description
Miami Marine Stadium: Opinion of Probable Professional Service Fees
The Miami Marine Stadium restoration and reconstruction shall accurately depict the foiiii, materials,
features, and character of the building as it appeared at its particular period of time. The restoration shall
retain as much of the historic period fabric as possible, but it is possible that inconsistent features may
need to be removed, replaced, or faithfully reconstructed in accordance with the restoration period.
Work Item
Fees
Survey
• Boundary Survey with spot elevations — 30 foot grid
• Existing Site Parking
• Existing Site Lighting
• Existing Site Sidewalks
• Existing Site Drainage
• Existing Site Landscape
• Existing Architectural Building
• Existing Structural Condition
• Existing Mechanical Condition
• Existing Plumbing Condition
• Existing Electrical Condition
• Archival Research including available historic drawings, photographs, and
previous studies
• Monitors the structure in relation to its behavior and composition, and implement
conservation procedures for stabilizing the building as necessary
$50,000
Schematic Design
• Prepare a Historic Structure Report
• Implement conservation analysis as needed and in accordance with
investigation reports
• Identification of all applicable codes and regulations including life safety, access
for people with disabilities, and regulatory compliance
• Prepare narrative program for building use and describe any new physical
requirements in substantial detail
• Prepare civil, architectural, structural, mechanical, electrical, and plumbing
schematic drawings
• Prepare environmental permit submittal for review by COE, DEP, and DERM
Agencies
• Prepare environmental permit submittal for Zoning and Planning — City of Miami
review
$150,000
Design Development
• Develop drawings for the project, including site plans, floor plans, elevations,
sections, and significant restoration and reconstruction details
• Develop engineering design documents for architectural, structural, mechanical,
electrical, and site restoration
• Prepare written outline of specifications for the restoration or reconstruction
work, including materials, workmanship, methods, and techniques
• Prepare estimated costs for work, based on architectural design, preliminary
engineering, and outline specifications
$250,000
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• Obtain approvals from planning, zoning boards, historic landmark, historic
district review boards, and the state historic preservation office
• Obtain preliminary approvals from COE, DEP, and DERM
Construction Documents
• Prepare architectural working drawings and final specifications showing detailed
requirements for reconstruction of the entire project
• Complete final engineering documents (Civil, Structural, Mechanical, Electrical,
Plumbing)
• Prepare updated statement of probable construction costs for the work
$450,000
Permitting
• Florida Department of Environmental Protection
• Army Corps of Engineers
• DERM
• City of Miami Building Department
• Water and Sewer Department
• State Historic Preservation Office Final Approval
$70,000
Bidding
• Prepare all bidding documents
• Mandatory pre -bid site visit
• Respond all RFI to prospective bidders
• Review all bid submittals
• Assist owner with award of contract
$30,000
TOTAL
$1,000,000
14
Estimated Project Budget
1
Structure
Survey
ATTACHMENT B
$50,000
$0
$0
$50,000
2
Schematic
Design
$150,000
$0
$0
$150,000
3
Design
Development
$250,000
$0
$0
$250,000
4
Construction
Documents
$450,000
$0
$0
$450,000
5
Permitting
$70,000
$0
$0
$70,000
6
Bidding
$30,000
$0
$0
$30,000
TOTAL
$0
$0
$0
$1,000,000
15
ATTACHMENT C
FLORIDA SINGLE AUDIT ACT REQUIREMENTS
AUDIT REQUIREMENTS
The administration of resources awarded by the Department of State to the Grantee may be subject to
audits and/or monitoring by the Department of State as described in this Addendum to the Grant
Award Agreement.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR 2 Subpart F -- Audit
Requirements, and Section 215.97, Florida Statutes, monitoring procedures may include, but not be
limited to, on -site visits by Department of State staff, limited scope audits as defined by 2 CFR 2
§200.328, and/or other procedures. By entering into this agreement, the recipient agrees to comply
and cooperate with any monitoring procedures/processes deemed appropriate by the Department of
State. In the event the Department of State determines that a limited scope audit of the recipient is
appropriate, the recipient agrees to comply with any additional instructions provided by the
Department of State staff to the recipient regarding such audit. The recipient further agrees to comply
and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief
Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization that
has received federal funds awarded through the Department of State. EXHIBIT 1 to this attachment
indicates whether federal resources have been awarded through the Department of State by this
agreement.
2 CFR 2 §200.501 Audit Requirements
(a) Audit required. A non -Federal entity that expends $750,000 or more during the non -Federal entity's
fiscal year in Federal awards must have a single or program -specific audit conducted for that year in
accordance with the provisions of this part.
(b) Single audit. A non -Federal entity that expends $750,000 or more during the non -Federal entity's fiscal
year in Federal awards must have a single audit conducted inaccordance with 2 CFR §200.514 Scope of
audit except when it elects to have a program -specific audit conducted in accordance with paragraph (c)
of this section.
(c) Program -specific audit election. When an auditee expends Federal awards under only one Federal
program (excluding R&D) and the Federal program's statutes, regulations, or the terms and conditions of
16
the Federal award do not require a financial statement audit of the auditee, the auditee may elect to have
a program -specific audit conducted in accordance with 2 CFR §200.507 Program -specific audits. A
program -specific audit may not be elected for R&D unless all of the Federal awards expended were
received from the same Federal agency, or the same Federal agency and the same pass -through entity, and
that Federal agency, or pass -through entity in the case of a subrecipient, approves in advance a program -
specific audit.
(d) Exemption when Federal awards expended are less than $750, 000. A non -Federal entity that expends
less than $750,000 during the non -Federal entity's fiscal year in Federal awards is exempt from Federal
audit requirements for that year, except as noted in 2 CFR §200.503 Relation to other audit requirements,
but records must be available for review or audit by appropriate officials of the Federal agency, pass -
through entity, and Government Accountability Office (GAO).
(e) Federally Funded Research and Development Centers (FFRRDC). Management of an auditee that owns
or operates a FFRDC may elect to treat the FFRDC as a separate entity for purposes of this part.
(f) Subrecipients and Contractors. An auditee may simultaneously be a recipient, a subrecipient, and a
contractor. Federal awards expended as a recipient or a subrecipient are subject to audit under this part.
The payments received for goods or services provided as a contractor are not Federal awards. Section
§200.330 Subrecipient and contractor determinations should be considered in determining whether
payments constitute a Federal award or a payment for goods or services provided as a contractor.
(g) Compliance responsibility for contractors. In most cases, the auditee's compliance responsibility for
contractors is only to ensure that the procurement, receipt, and payment for goods and services comply
with Federal statutes, regulations, and the teiius and conditions of Federal awards. Federal award
compliance requirements normally do not pass through to contractors. However, the auditee is responsible
for ensuring compliance for procurement transactions which are structured such that the contractor is
responsible for program compliance or the contractor's records must be reviewed to determine program
compliance. Also, when these procurement transactions relate to a major program, the scope of the audit
must include determining whether these transactions are in compliance with Federal statutes, regulations,
and the terms and conditions of Federal awards.
(h) For profit subrecipient. Since this part does not apply to for -profit subrecipients, the pass -through
entity is responsible for establishing requirements, as necessary, to ensure compliance by for -profit
subrecipients. The agreement with the for -profit subrecipient should describe applicable compliance
requirements and the for -profit subrecipient's compliance responsibility. Methods to ensure compliance
for Federal awards made to for -profit subrecipients may include pre -award audits, monitoring during the
agreement, and post -award audits. See also §200.331 Requirements for pass -through entities.
The Internet web address listed below will assist recipients in locating documents referenced in the
text of this agreement and the interpretation of compliance issues.
U.S. Government Printing Office
www.ecfr.gov
17
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida
Statutes and had received state funds awarded by the Department of State. EXHIBIT 1 to this
attachment indicates whether state resources have been awarded by the Department of State by thi.s
agreement.
Section 215.97 Florida Statutes Single Audit Requirements
1. In the event that the recipient expends a total amount of state fmancial 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 andfor-profit organizations), Rules of the Auditor
General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the
Department of State by this agreement. In determining the state financial assistance expended in its
fiscal year, the recipient shall consider all sources of state financial assistance, including state financial
assistance received from the Department of State, other state agencies, and other nonstate
entities. State financial assistance does not include Federal direct or pass -through awards and
resources received by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure
that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes
submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and.
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules
of the Auditor General.
3. If the recipient expends less than $500,000 in state fmancial assistance inits 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 financialassistance in its fiscal year
and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida
Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such
an audit must be paid from the recipient's resources obtained from other than State entities).
The Internet web addresses listed below will assist recipients in locating documents referenced in the
text of this agreement and the interpretation of compliance issues.
State of Florida Department Financial Services (Chief Financial Officer)
httn://www.fldfs.com/
State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act)
http://www.leg.state.fl.us/
18
PART III: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 2 CFR 2 §200.512, and required
by PART I of this agreement shall be submitted, when required by 2 CFR 2 §200.512, by or on behalf
of the recipient directly to each of the following:
A. The Department of State at the following address:
Office of Inspector General
Florida Department of State
R. A. Gray Building, Room 114A
500 South Bronough St.
Tallahassee, FL 32399-0250
B. The Federal Audit Clearinghouse electronically at harvester.census.gov/sac/ as designated in 2
CFR 2 §200.512
C. Other Federal agencies and pass -through entities in accordance with 2 CFR 2 §200.513
2. In the event that a copy of the reporting package for an audit required by PART I of this agreement
and conducted in accordance 2 CFR. 2 §200.501 Audit Requirements, is not required to be submitted
to the Department of State for the reasons pursuant to 2 CFR 2 §200.501, the recipient shall submit
the required written notification pursuant to 2 CFR 2 §200.501 (d) and a copy of the recipient's audited
schedule of expenditures of Federal awards directly to the following:
Office of Inspector General
Florida Department of State
R. A. Gray Building, Room 114A
500 South Bronough St.
Tallahassee, FL 32399-0250
3. Copies of financial reporting packages required. by PART II of this agreement shall be submitted by
or on behalf of the recipient directly to the following:
A. The Department of State at the following address:
Office of Inspector General
Florida Department of State
R. A. Gray Building, Room 114A
500 South Bronough St.
Tallahassee, FL 32399-0250
19
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
1 l.1 West Madison Street
Tallahassee, Florida 32399-1450
4. Any reports, management letter, or other information required to be submitted to the Department of
State pursuant to this agreement shall be submitted timely in accordance with 2 CFR 2 Subpart F—
Audit Requirements, Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as
applicable.
5. Recipients, when submitting financial reporting packages to the Department of State for audits done
in accordance with 2 CFR 2 Subpart F or Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that
the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART IV: RECORD RETENTION
1. The recipient shall retain sufficient records demonstrating its compliance with the terns 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 extendedin writing by the
Department of State.
20
EXHIBIT 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
Not Applicable.
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Not Applicable.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Not Applicable.
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Florida Department of State Special Category Grant, CSFA Number 45.032
Award Amount: $1,000,000
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
As contained in the Compliance Supplement to CSFA Number 45.032.
21
Instructions and Information for completing a Florida Substitute Form W-9
Use the Department of Financial Services (DFS) Substitute Form W-9 Website,
https://flvendor.myfloridacfo.com, to submit your Substitute Form W-9 electronically.
Submitting your Form W-9 is a two-step process:
• Step 1 - Create your security profile (User ID and password)
• Step 2 - Create and submit your Substitute Form W-9
Step 1— Create your security profile (User ID and password)
1. Click on "Click Here to Register".
2. Complete the Profile Registration Foam (do not use commas or periods in the IRS Name).
3. Click the Register button
4. Obtain your User ID from your email
Immediately, after you complete the Profile Registration, you will receive a User ID via email.
Once you have your User ID, you can complete and submit your Substitute Foitn W-9.
Step 2 - Complete and submit your Substitute Form W-9
1. Click on "Click Here to Sign On".
2. Enter the User ID that you received via email.
3. Enter the password you created during the Profile Registration.
4. Click the Sign On button.
5. Click on "Form W-9 Main Menu".
6. Click on "Complete New Substitute Foiin W-9".
7. Complete the Substitute Foiui W-9. The red asterisks indicate required fields. Please only select
the radio button "I am" subject to backup withholding if you have beeninformed by the IRS that
you are subject to backup withholding.
8. Certify the infoiuiation you are providing by entering the password you created during the Profile
Registration and click the submit button.
After you have submitted your Substitute For W-9, your IRS Name and TIN (Taxpayer
Identification Number) will be sent to the IRS for verification. Our office will send you an email
with the results. If the email indicates your IRS name and TIN match, you will have no further
action. If the email indicates your IRS Name and TIN do not match you will need to return to the
DFS W-9 Web site to correct your information.
The site also contains additional information and answers to frequently asked questions. If you
have any questions regarding the Substitute Form W-9, please contact:
Florida Department of Financial Services
Vendor Management Section
FLW9@MyFloridaCFO.com
(850) 413-5519
State of Florida
Chief Financial Officer
Department of Financial Services
Bureau of Accounting
200 East Gaines Street
Tallahassee, FL 32399-0354
Telephone: (850) 413-5519 Fax:(850) 413-5550
Substitute Form W-9
In order to comply with Internal Revenue Service (IRS) regulations, we require Taxpayer Identification information
that will be used to determine whether you will receive a Form 1099 for payment(s) made to you by an agency of the
State of Florida, and whether payments are subject to Federal withholding. The information provided below must
match the information that you provide to the IRS for income tax reporting. Federal law requires the State of Florida
to take backup withholding from certain future payments if you fail to provide the information requested.
Taxpayer Identification Number (FEIN):
IRS Name:
Address:
Attention Of: FINANCIAL MANAGEMENT
Business Designation: Not For Profit
Certification Statement:
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer information AND
2.1 am not subject to backup withholding because:
(a) I am exempt from backup withholding or
(b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup
withholding as a result of failure to report all interest or dividends, or
(c) the IRS has notified me that I am no longer subject to backup withholding AND
3. I am a U.S. citizen or other U.S. person (including U.S. resident alien)
Preparer's Name:
Preparer's Title: COMPTROLLER
Phone:.
Email:
Date Submitted: 02/22/2012
Date printed from the State of Florida Substitute Form W-9 Websle: 06/27/2012