HomeMy WebLinkAboutPre-LegislationCity of Miami
Legislation
Resolution: R-14-0063
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00107
Final Action Date: 2/27/2014
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING FUNDS, IN THE AMOUNT OF $1,000,000.00, FROM THE
DEPARTMENT OF ECONOMIC OPPORTUNITY DIVISION OF COMMUNITY
DEVELOPMENT, FOR THE DESIGN DISTRICT ROADWAY AND STORMWATER
IMPROVEMENTS PROJECT NO. B-30985; AUTHORIZING THE CITY MANAGER
TO EXECUTE A RURAL INFRASTRUCTURE FUND GRANT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE.
WHEREAS, the City of Miami ("City") will be constructing public infrastructure and right-of-way
improvements for the Design District Roadway and Stormwater Improvements Project, No. 8-30985,
("Project") in the Design District located in the Enterprise zone along Northeast 38th and Northeast
39th Street between Northeast 2nd Avenue and North Miami Avenue, Miami, Florida; and
WHEREAS, the scope of work consists of installation of storm drainage, sanitary sewer, water
distribution, sidewalks, curb and gutter, paving, sidewalk pavers, tabletop crossings, trees and lighting
("Infrastructure Improvements"); and
WHEREAS, in response to the community's request for additional improvements to the public
infrastructure in the area, the Department of Economic Opportunity Division of Community
Development ("DEO") has committed to provide funding, in an amount not to exceed $1,000,000.00
("Grants Funds"); and
WHEREAS, the Grant Funds are contingent upon a fifty percent (50%) match by the City with the
additional funding to be provided by the DEO; and
WHEREAS, the City Manager is authorized to execute a Rural Infrastructure Fund Grant
Agreement ("Agreement") in substantially the attached form, with the DEO for said purpose; and
WHEREAS, the Grant Funds from the DEO shall be used solely for costs associated with the
Infrastructure Improvements; and
WHEREAS, said funds are to be allocated from Capital Improvements Program Project No.
B-30985;
NOW, THEREFORE, BE IT RESOLVED SY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as fully set forth in this Section.
Section 2. Funds in the amount of $1,000,000.00, from the DEO, for the Project are
accepted.
City of Miami Page 1 of 2 File Id: 14-00107 (Version: 2) Printed On: 3/16/2013
File Number: 14.00107
Enactment Number: R-14-0063
Section 3, The City Manager is authorized {1} to execute an Agreement with the DEO, in
substantially the attached form, for said purpose,
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 14-00107 (Version: 2) Printed On: 3/16/2015
Agreement No.: D0043
FUNDING AGREEMENT
BETWEEN
THE DEPARTMENT OF ECONOMIC OPPORTUNITY
DIVISION OF COMMUNITY DEVELOPMENT
AND
CITY OF MIAMI
THIS RURAL INFRASTRUCTURE FUND GRANT AGREEMENT (this "Agreement") is made and
enteredinto in the City of Tallahassee, Leon County, Florida, by and between the Division of Community
Development ("the Division"), a division of The Department of Economic Opportunity ("DEO") an
agency of the State of Florida, located at 107 E. Madison Street, MSC 160, Tallahassee, Florida 32399,
and City of Miami ("Recipient"), located at 444 SW 2nd Avenue, Miami, Florida 33130. The Division
and Recipient are sometimes hereinafter referred to as a "Party" and collectively as the "Parties,"
RECITALS
WHEREAS, the Legislature of the State of Florida, by enacting section 288.0655, Florida Statutes,
created the Rural Infrastructure Fund ("the Fund") to facilitate the planning, preparing, and financing of
infrastructure projects in rural communities which will encourage job creation, capital investment, and
strengthening and diversification of rural economies by promoting tourism, trade, and economic
development; and
WHEREAS, the Division is responsible for administering grants from. the Fund; and
WHEREAS, based on the application submitted under section 288 0655(2)(b), Florida Statutes (the
"Application") for the project described therein (the "Project"), submitted by Recipient (in such capacity,
"the Applicant"), the Division has determined that the Applicant satisfies the requirements necessary to
receive a grant of funds under from the Fund; and
WFIEREAS, this Agreement is neither a general obligation of the State of Florida, nor is it backed
by the full faith and credit of the State of Florida. Payment of funds under the Program is
conditioned and subject to the specific annual appropriations by the Florida Legislature, and the
Division shall be solely responsible for verifying the availability of such funds.
NOW, THEREFORE, for and in consideration of the agreements, covenants, and obligations set forth
herein and for other good and valuable consideration, the receipt andsufficiency of which are hereby
acknowledged, the Parties, intending to be legally bound, hereby agree as follows:
e-8(2, 8'
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Agreement No.: D0043
Section 1. NOTICES:
(a) All notices, requests, demands or other communications that are required or may be given
pursuant to the terms of this Agreement, shall be in writing and shall be deemed to have been duly given
if delivered to the Parties in accordance with this Section 1 at the following addresses:
Florida Department of Economic Opportunity
Division of Community Development
107 East Madison Street, MSC 160
The Caldwell. Building
Tallahassee, Florida 32399
fy
-47
(b) All notices, filings, demands and other communications given or delivered under or by reason of
the provisions of this Agreement shall be in writing and shall be deemed to have been given (i) when
personally delivered, (ii) when transmitted via telecopy (or other electronic or facsimile device) to the
number set out below if the sender on the same day sends a confirming copy of such notice by a
recognized overnight delivery service (charges prepaid), (iii) the day following the day (except if not a
business day then the next business day) on which the same has been delivered prepaidto a reputable
overnight air courier service or (iv) the third business day following the day on which the same is sent by
certified or registered mail, postage prepaid. Notices, demands an.d communications in each case to the
respective Parties, shall be sent to the applicable address set forth in Section 1(a), unless another address
has been previously specifiedin writing in accordance with this Section 1(b).
Section 20 ADMINISTRATORS:
(a) The Division's Agreement Manager in connection with this Agreement is:
Connie Norman
Grant Specialist V
Phone: (850) 717-8532
Email: connie.norman@deo,myflorida.com
(b) Recipient's Agreement Manager in connection with this Agreement is:
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(c) All approvals and certifications pursuant to this Agreement must be obtained from the Parties'
respective Agreement Managers or their respective designees.
(d) The Parties' may replace their respective Agreement Managers by delivering written notice of the
appointment of a replacement Agreement Manager to the other Party in accordance with. Section 1.
Section 3. TER1VX: This Agreement is effective as of the date on which the Division executes this
Agreement (such date, the "Effective Date") through unless earlier terminated pursuant to
Section 11. Notwithstanding the forgoing, the provisions of Sections 1, 3, 6, 7, 11, 16, 17, 21, 22, 23, 24,
25, and 26 shall survive the termination or expiration of this Agreement; provided, however, that the
record -keeping and audit related obligations set forth in Sections 16 and 17 shall terminate in accordance
with the requirements of Section 11.
Section 4. AWARD OF FUNDS: The Division hereby awards Recipient funding from the Fund in the
total amount of $ 1,000,000 (the "Project Funds") from fiscal year 2013/2014 ("FY 13/14")
appropriations whichshall be made available to Recipient on a cost reimbursement basis, Project Funds
shall be subject to the conditions set forth in Section 5.
Section 5. PROJECT FUNDS CONDITIONS: Recipient shall comply with the following conditions
on the receipt and use of Project Funds:
(a) Release of Project Funds by the Division is contingent upon the satisfaction of the requirements
of Section 6;
(b) The Division shall remit funds to Recipient upon the Division's receipt and approval of a written
invoice from Recipient, which shall be accompanied by supporting documentation such as canceled
checks, bills, invoices, statements, or other documents of incurred costs duly submitted to and certified by
Recipient;
(c) The Division shall transfer funds to Recipient as needed by Recipient and as sufficiently
documented in accordance with this Section 5 which documentation must be received by the Division no
later than fifteen (15) calendar days from the end of the month for which the Recipient requests
reimbursement;
(d) The Division may remit funds to Recipient under this Agreement only for allowable costs and
may only reimburse the amount of funds for which proof of payment and documentation has been
provided. Should the total of all documented amounts be less than the Project Funds, the Division shall
retain all surplus funds;
(e) The total of all payments under this Agreement shall not exceed $1,000,000. Any advanced
unobligated funds or funds paid in excess of the amount Recipient is entitled to must be returned to the
State.
Section 6. COVENANTS OF RECIPIENT: Recipient 'agrees that:
(a) The Project Funds under this Agreement shallbe expended solely for the project described in
Exhibit A, Project Description and within the budget set forth in Exhibit B, Project Budget and Timeline.
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(b) The types and amounts of allowable expenses under this Agreement are set forth in Exhibit B,
.Project Budget. Any proposal to change Exhibit ]3 shall be made in accordance with Chapter 216.177,
Florida Statutes.
(c) Recipient shall fully comply with the performance measures and minimum standards in Exhibit
A, Project Description, as determined by the Division which determination shall not be unreasonably
withheld.
(d) The release of Project Funds shall be conditioned upon satisfaction of the following requirements,
as applicable to the type of project funded:
i. Recipient shall certify that its adopted local government comprehensive plan is in
compliance with Chapter 163, Part II, Florida Statutes.
ii. Recipient shall certify to the Division in writing of its intent to either: (i) award the
construction of the Project to the lowest and best bidder in accordance with applicable state and
federal statutes, rules, and regulations andshall submit a copy of the bid tally sheet(s) and
awarded bid contract to the Division; or (ii) to utilize existing employees if Recipient has
determined that it can complete the project within the timeframe established in Section 3,
Section 7. REPORTING 'REQUIREMENTS: Recipient shall be responsible for submitting all of the
following reports and agrees that:
(a) Within fifteen (15) calendar days after the end of each quarter (the "Reporting Quarter"),
beginning with the quarter ending i var ii� 4^r; Ysy?, Recipient shall provide to the Division a
written status report ("Quarterly Report") outlining Recipient's progress in completion of the
Project during the Reporting Quarter. Such Quarterly Report shall include:
i. A list of the activities indicated in Exhibit A to be completed during the Reporting
Quarter;
ii. A list of activities completed in full during the Reporting Quarter including the date of
completion and actual expenditures;
iii. A list of activities indicated in Exhibit A to be completed during the Reporting Quarter
for which progress toward completion was made but that were not completed. For each
partially completed scheduled activity the Quarterly Report shall briefly describe the
reasons why the activities were not completed, the percentage of completion, and the
actual expenditures related to each activity;
iv. A list of activities indicated in Exhibit A to be completed during the Reporting Quarter
for which no progress was made toward completion including a brief explanation as to
why no progress was made toward completion of the activities during the Reporting
Quarter; •
v. A list of activities completed during the Reporting Quarter that were not indicated in the
Project Schedule to be completed during the Reporting Quarter including the date of
completion and the actual expenditures related to each activity;
vi. A summary of Recipient's actual expenditures related to the Project during the Reporting
Quarter for which disbursement of funds has been received or is to be requested,
compared to the anticipated expenditures for the Reporting Quarter as indicated in the
Project Schedule;
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vii. A summary of Recipient's actual expenditures related to the Project since the Effective
Date for which disbursement of Project Funds has been received or is to be requested,
compared to the anticipated expenditures since the Effective Date;
viii. A summary and explanation of any unanticipated changes in the project schedule or
project budget, as well as among the contractors, subcontractors, and other participants
involved in the Project; and
ix. A summary and explanation of any other material changes that may affect the outcome or
commercial potential of the Project;
x. A report on the use of Women and Minority Vendors as described in Section 14(d).
(b) Within 120 calendar days of completion of the project, Recipient shall provide a final report (the
"Final Report") which summarizes the Quarterly Reports and includes a final accounting report.
In addition, the Final Report shall include:
. A summary of the total project costs paid from Project Funds made available pursuant to
this Agreement including a detailed comparison of planned expenditures and actual
expenditures; and
ii. A list of additional funding sources used to complete the Project including, but not
limited to, state or federal grants, loans, local funding or in -land match.
(c) Two years after the Project is complete, Recipient shall provide the Division with a written
summary detailing the actual result of the Project Funds received to complete the Project (the
"Project Summary").
(d) If this Agreement is extended or renewed beyond the term set forth in Section 3, Recipient shall
continue to submit Quarterly Reports to the Division in accordance with this Section 7 during the
extended or renewed period.
(e) Failure to timely submit or failure to submit a complete any report required by this Section 7 shall
result infinancial consequences in accordance with Section 8.
Section 8. FINANCIAL CONSEQUENCES: In the event Recipient fails to satisfy any of the reporting
requirements set forth in Section 7, the Division shall impose the financial consequences outlined below.
The Division may demand payment of the total amount of applicable financial consequences during the
quarter following Recipient's failure to satisfy the requirements which form the basis for the financial
consequences. Alternatively, the Division may, at its sole election, deduct the amount of applicable
financial consequences from future releases of Project Funds under this Agreement.
(a) Failure by Recipient to timely submit any of the Quarterly Reports required by Section 7 will
result in a financial consequence of S501iet cal'end ,'clay until such report is received.
(b) Failure by Recipient to timely submit the Final Report required by Section 7 will result in a
financial consequence of $] 00Lper;Calendar clay; until such report is received.
Section 9..REPRESENTATIONS ANI) WARRANTIES OF RECIPIENT: Recipient hereby makes
-the following-'.epresentations and warranties to the Division, each of which shall be deemed to be a
separate representation and warranty, all of which have been made for the purpose of inducing the
Division to enter into this Agreement, and in reliance on which the Division has entered into this
Agreement, as of the Effective Date, the dates on which. Recipient submits each submittal required under
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Agreement No.: D0043
this Agreement and the dates on which Recipient receives any Program Funds pursuant to this
Agreement:
(a) Organization; Power and Authority. Recipient is duly organized, validly existing in good
standing in the State of Florida, and has all requisite power andauthority to carry on its business as
currently conducted.
(b) Authorization and Binding Obligation. Recipient has all necessary power and authority to
execute and deliver this Agreement and to consummate the transactions contemplated hereby, The
execution and delivery of this Agreement and the consummation of the transactions contemplated by it
have beenduly authorized by all necessary entity action on the part of Recipient. This Agreement has
been duly executed and delivered by Recipient and, assuming the due authorization, execution and
delivery of this Agreement by the Division, constitutes the legal, valid and binding obligation of
Recipient, enforceable against Recipient in accordance with its terms (subj eet to applicable bankruptcy,
insolvency, moratorium, reorganization, or similar laws affecting the rights of creditors generally and the
availability of equitable remedies)°
(c) No Violations. The execution and delivery by Recipient of this Agreement and the performance
by it of the transactions contemplated hereby do not (i) conflict with or result in a breach of any provision
of Recipient's certificate of incorporation, certificate of formation, bylaws, operating agreement, or
similar constitutive doctunent, (ii) result in violation or breach of or constitute a default (or an event
which, with or without notice or lapse of time or both, would constitute a default) under, or result in the
termination, modification, cancellation or acceleration under the terms, conditions, or provisions of any of
Recipient's indentures, material agreements or other material instruments or (iii) violate any applicable
law or regulation. Recipient has not been convicted of a "public entity crime" (as such term is defined in
section 287.133, Florida Statutes) nor has Recipient been placed on the "discriminatory vendor list" (as
such terra is defined in section 287.134, Florida Statutes).
(d) No Material Adverse Change. No event, change or condition has occurred that has had, or would
reasonably be expected to have, a material adverse effect on the business, assets, operations or financial
condition of Recipient, taken as a whole, since the date of the Application.
(e) Litigation: Compliance with Laws. Recipient is not in violation of, nor will Recipient's
continued operations, violate any law, rule or regulation applicable to Recipient, nor is Recipient in
default with respect to any judgment, writ, injunction, decree or order applicable to Recipient of any
governmental authority, in each case where such violation or default would reasonably be expected to
result in a material adverse effect on the business, assets, operations, or financial condition of Recipient,
taken as a whole.
(f) Conflicts. Recipient presently has no interest and shall not acquire any interest, either direct or
indirect, that would conflict in any manner or degree with the performance of services to be provided
under this Agreement. Recipient agrees to use its best efforts to maximize the services provided under
this Agreement and agrees to refrain froni any self -dealing or activity that would that would create the
appearance of impropriety or cause,disrcpute to DEO or the State of Florida.
(g) No: Material •Misstateinents; . No information, report, financial statement;; exhibit or • schedule;
furnished by the Applicant or Recipient to the Division in connection with this Agreement (including,
without limitation, the Application) or delivered pursuant to this Agreement, when taken together, •
contained or contains any material misstatement of fact or omitted or omits to state any material fact
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Agreement No.: D0043
necessary to make the statement contained herein or therein, in the light of the circumstances under which
they were made, not misleading.
Section 10. EVENT OF DEFAULT AND NOTICE:
(a) The Division, upon an Event of Default, may exercise any remedies available at law or in equity,
including, without limitation, the right to (i) impose financial consequences in accordance with Section 8
or (ii) terminate this Agreement in accordance with the tetiiis of Section 11.
(b) Upon an Event of Default, the Division will provide a notice of the default to Recipient. Unless
the Division determines that the Event of Default needs to be cured immediately, Recipient shall have
fifteen (15) calendar days from receipt of the notice of default to either cure the default, or to demonstrate
to the satisfaction of the Division, in its sole discretion, that corrective action has been takenthat will
likely result in curing the default within a reasonable periodof time.
(c) In the event Recipient fails to cure the default or demonstrate that corrective action has been
taken within the time period specified in paragraph (b), the Division may exercise any remedy available
to it under the law or in equity, including without limitation the right to terminate this Agreement
immediately upon notice to Recipient.
Section 11. TERMINATION:
(a) The Division may terminate this Agreement in the event that (i) Recipient breaches any of its
representations, warranties, covenants or other obligations in this Agreement in any material respect; (ii)
Recipient commits fraud or willful misconduct in connection with this Agreement or the transactions
contemplated hereby; (iii) Recipient becomes unable to or admits in writing its inability or fails generally
to pay its debts as they become due, or any writ or warrant of attachment or execution of similar process
is issued or levied against all or any material part of the property of Recipient or Recipient otherwise
becomes insolvent; (iv) a decision by Recipient to no longer provide loans, loan guarantees or
investments in black business enterprises pursuant to the terms of the Program; (v) upon revocation by the
Division of Recipient's or when the Division determines in its sole discretion that it is in the State's
interest to do so. Recipient shall not furnish any new loans, loan guarantees, or investments after it
receives the notice of termination.
(b) Recipient may terminate this Agreement in the event that (i) the Division breaches any of its
covenants or other obligations in this Agreement in any material respect or (ii) Recipient decides not to
undertake or complete the Project.
(c) If either Party avails itself of the right to terminate this Agreement, such Party shall deliver
written notice of such termination with reference to the particular .provision of this Agreement pursuant to
which such Party is terminating this Agreement.
(d) In the event of termination in accordance with. this Section 11, all Project Funds which as of the
date of notice of termination were provided by the Division shall revert to the State of Florida General
Revenue Fund. .The requirement for the return of anddesignation-of the method of repayment of any
obligated Program Funds shall be at -the• solediscretion- of :the Division: As .of ,the date of notice of
termination, any costs incurred by Recipient shall not be allowable costs eligible for reimbursement by
the Division.
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Agreement No,: D0043
Section 12. DISPUTE RESOLUTION: Any dispute concerning performance of this Agreement shall
be decided by the Division's Agreement Manager, who shall reduce the decision to writing and serve a
copy on Recipient, The decision shall be final and conclusive unless within twenty-one (21) days from
the date of receipt, Recipient files a petition for administrative hearing with the agency clerk of DEO.
DEO's decision on the petition shall be final, subject to Recipient's right to review pursuant to Chapter
120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to
Recipient's ability to pursue any other form of dispute resolution; provided, however, that the Parties may
employ the alternative dispute resolution procedures outlined in Chapter 120.
Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or
relates to the Agreement shall be the appropriate state court in Leon County, Florida; in any such action,
Florida law shall apply and the Parties waive any right to jury trial.
Section 13. ATTORNEYS' FEES AND COSTS: Each Party shall bear its own costs and fees in any
action arising out of this Agreement.
Section 14. SUBCONTRACTS:
(a) Recipient shallbe responsible for all work performed and all expenses incurred in connection
with the development and implementation of the services, programs, and activities under this Agreement
(b) Reoipient, may as appropriate and in compliance with applicable law, subcontract for the
performance of the services set forth in this Agreement with the understanding that Recipient shall be
solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. Recipient
shall not enter into subcontracts in which the Division or DEO could be held liable to a subcontractor for
any expenses or liabilities. Recipient shall defend and hold the Division and DEO harmless of any
liabilities incurred under any of the subcontracts entered into by Recipient.
(c) Any and all subcontracts that Recipient executes for the performance of services under this
Agreement shall contain provisions which require the following:
1. Subcontractor's provision of a perfomianee report;
2. Subcontractor's accounting of proper use of funds provided under the subcontract;
3. Subcontractor's compliance with the audit requirements and the rights of governmental
entities to access to records;
4. Subcontractor's compliance with the public records requirements of Chapter 119 of the
Florida Statutes and the record. keeping requirements applicable to Recipient; and
5. Recipient's and subcontractor's agreement to abide by all local, state, and federal laws and
regulations.
(d). Women and Minority Vendors. Recipient is encouraged to use small businesses, including
minority and women -owned businesses as subcontractors or sub -vendors under this Agreement. The
-directory of certified minority and women -owned businesses can be accessed from the, website of the
D°epartrentof Managernent Sservices, Offici of:Supplier Diversity. 'Recipient -shall report on a quarterly'
basis its expenditures with minority and women -owned businesses, the aggregate dollar figure disbursed
that quarter for each business; the types of goods or services, and the applicable code. If no expenditures
were made to minority of women -owned businesses, Recipient shall subinit a statement to this effect.
Agreement No.: D0043
Section 15. • FLORIDA SINGLE AUDIT ACT: Recipient acknowledges that, by entering this
Agreement, it is a "sub -recipient" within the meaning of the Florida Single Audit Act, and it is subject to
the provisions thereof, as well as the rules of DEO, the Chief Financial Officer of the State of Florida, and
the Auditor General of the State of Florida related thereto. For that reason:
(a) Recipient shall allow DEO, the Chief Financial Officer, the Chief Inspector General, and the
Auditor. General access to Recipient's records and Recipient's independent auditor's working papers as
necessary to comply with the requirements of the Florida Single Audit Act.
(b) Recipient shall notify DEO if it becomes subject to a state single audit or project -specific audit
pursuant to the Florida Single Audit Act;
(c) Recipient shall comply with the other requirements of the Florida Single Audit Act including
providing a copy of every fiscal year audit conducted pursuant to s. 215.97, F.S., during the term of this
Agreement to DEO; and
(d) Recipient is subject to the requirements applicable to the Florida Catalog of State Financial
Assistance (CSFA) number 40.013. For information regarding the Florida Single Audit Act, including
the CSFA, Recipient should access https://appsefldfs.eonn/fsaa.
(e) Recipient shall provide DEO with the certification form set forth in Exhibit C if Recipient
determines that it is not subject to a state single audit or project -specific audit pursuant to the Florida
Single Audit Act.
Section 16. PUBLIC RECORDS:
(a) Recipient shall comply with the provisions of Chapter 119 of the Florida Statutes applicable to
this Agreement as the same may be limited or construed by other applicable law. It is expressly
understood that the Division may unilaterally cancel this Agreement for Recipient's refusal to comply
with the applicable provisions of Chapter 119 Florida Statutes.
(b) Recipient shall notify DEO, both by e-mail and first class mail, within one (1) business day or as
soon as practicable, but in no event later than three (3) business days, from receipt of all request(s) for
public records, as a public record is defined in section 119.011, Florida Statutes. In accordance with
chapter. 119 of the Florida Statutes, Recipient shall be responsible for responding to all public records
requests per the cost structure provided for records made or received by Recipient in conjunction with this
Agreement, unless the records are exempt frorn. section 24(a) of Article I of the State Constitution and
section 1.19.07(1), Florida Statutes. Notice of public records requests received by Recipient shall be e-
mailed to PRRequest@deo.myflorida.com and mailed to:
Public Records Coordinator
Department of Economic Opportunity
107 East Madison Street
Tallahassee, Florida 32399
Office: (850).'2454140 ....
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Agreement No.: D0043
Section 17. RECORD -KEEPING:
(a) Record Retention. Recipient shall retain all records, including, but not limited to, documents,
papers, letters or other materials, made or received by Recipient in conjunction with this Agreement and
shall ensure the retention of its independent auditor's working papers for a period of five (5) state fiscal
years after completion of the project, which includes satisfaction of all reporting requirements and receipt
of all payments due under the Agreement, provided applicable audits have been released, or five (5) years
after the date that an audit report is issued, whichever is longer. If any litigation, claim, negotiation, or
other action involving records has been started before the expiration of the controlling period as identified
above, the records shall be retained until completion of the action and resolution of all issues which arise
from it, or until the end of the controlling period as identified above, whichever is longer. Recipient shall
maintain these records according to generally accepted accounting principles, procedures, and. practices.
(b) Access to Records. All program records shall be subject at all times to inspection, review, or
audit by DEO or its designee, or by state personnel of the Office of the Auditor General or Department of
Financial Services, or by other state personnel. Copies of the financial reporting packages submitted
pursuant to section 215.97(8)(g), F.S., shall be submitted by or on behalf of Recipient to DEO and the
State of Florida Auditor General.
Section 18. COMPLIANCE WITH LAWS: In performing any act or service in connection with this
Agreement, Recipient shall strictly comply with all local, state, andfederal laws and regulations. Failure
to do so shall be grounds for terminating the Agreement.
Section 19. LOBBYING: Pursuant to sections 11.062 and 21.6.347, Florida Statutes, refunds obtained
under this Agreement may not be used for the purpose of lobbying the Legislature, the judicial branch, or
a state agency.
Section 20. ADVERTISING: Recipient shall not reference DEO or the Division in any press release,
promotional material, or other published material, whether print or electronic, without the prior written
consent of the Division.
Section 21. NON -ASSIGNMENT: Recipient shall not assign, sublicense, nor otherwise transfer its
rights, duties, or obligations un.der this Agreement without the prior written consent of the Division,
which consent may be withheld in the Division's sole andabsolute discretion. The Divisionwill at all
times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another
governmental entity in the State of Florida upon giving prior written notice to Recipient. Any attempted
assignment in violation of this Agreement or any of the rights hereunder in violation of this provision
shall be void ab initio.
Section 22. INDEMNIFICATION: Note: If contractor is a state agencyor subdivision, as defined in
-'subsection. 768.28(2), F.S., pursuant to subsection 768:28(19), `ES"-;.. neither Party- indemnifies nor insures ;
the other Party for the other Party's negligence. Recipient shall, jointly and severally, indemnify, defend,
and hold harmless the State and DEO, and their officers, agents, and employees .(collectively, "the
Indemnified Parties"), from and against and pay on behalf of or reimburse such lndeinnified. Parties as
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Agreement No.: D0043
and when incurred, for any and all Losses (as defined below), which any such Indennnified: Party may
suffer, sustain or became subject to, as a result of, in connectionwith, or relating to: (a) the breach of any
representation, warranty, covenant or agreement made by Recipient in this Agreement or. the Applicant in
the Application, or any allegation by a third party that, if true, would constitute such a breach; and (b) any
arrangement made by Recipient in connection with this Agreement or the transactions contemplated
hereby. As used herein, the term. "Losses" means any loss, liability, action, cause of action, cost, damage
or expense, in each case whether or not arising out of third. -party claims, including interest, penalties, and
reasonable attorneys' and expenses (including such reasonable attorneys' fees and expenses incurred in
connection with the enforcement of the Division's rights under this Agreement) and all amounts paid in
investigation, defense or settlement of any of the foregoing.
Section 23. CONSTRUCTION; INTERPRETATION: The title of and the section and paragraph
headings in this Agreement are for convenience of reference only and shall not govern or affect the
interpretation of any of the terms or provisions of this Agreement. The term "this Agreement" means this
Agreement together with all Exhibits hereto, as the same may from time to time be amended, modified,
supplemented or restated in accordance with the terms hereof. The use in this Agreement of the term
"including" and other words of similar import mean "including, without limitation" and where specific
language is used to clarify by example a general statement contained herein, such specific language shall
not be deemed to modify, limit or restrict in any manner the construction of the general statement to
which it relates. The words "herein," "hereof," "hereunder" and other words of similar import refer to
this Agreement as a whole, including any Exhibits, and not to any particular section, subsection,
paragraph, subparagraph or clause contained in this Agreement. The use herein of terms importing the
singular shall also include the plural, and vice versa. All references to "$" shall mean 'United States
dollars. The recitals of this Agreement are incorporated herein by reference and shall apply to the terms
andprovisions of this Agreement and the Parties hereto. Time is of the essence with respect to the
performance of all obligations under this Agreement. In the event an ambiguity or question of intent or
interpretation arises, this Agreement shall be construedas if drafted jointly by the Parties, and no
presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of
any of the provisions of this Agreement.
Section 24. SEVERABILITY; PRESERVATION OF REMEDIES: No delay or omission to exercise
any right, power, or remedy accruing to either Party upon breach or default by either Party under this
Agreement, will impair any such right, power, or remedy of either Party; nor will such delay or omission
be construed as a waiver of any breach or default or any similar breach or default. If any term or
provision of this Agreement is found to be illegal, invalid, unenforceable, such term or provision will be
deemed stricken, or modifiedto bring the provision into compliance, and the remainder of this Agreement
will remain in full force and effect.
Section 25. ENTINE AGREEMENT:"°:ThiseAgreement ombodiestthe agreement of the'.Parties with
respect to the subject matter hereof. There are no provisions, terms, conditions, or obligations other than •
those contained in this Agreement; and this Agreement • supersedes all pervious communications,
representations, or agreements, either verbal or written, between the Parties. No amendment will be
11
Agreement No.: D0043
effective unless reduced to writing and signed by an authorized officer of Recipient and the authorized
agent of the Division.
Section 26. NO THIRD -PARTY I3ENEFICIARIES: This Agreement is for the sole benefit of the
Parties and their permitted successors and assigns and nothing herein expressed or implied shall give or
be construed to give any person or entity, other than the Parties and such permitted successors and
assigns, any legal or equitable rights hereunder.
Section 27. COUNTERPARTS: This Agreement may be executed in one or more counterparts, any
one of which need not contain the signatures of more than one Party, but all such counterparts taken
together will constitute one and the salve instrument.
[The remainder of this page has been intentionally left blank.]
12
Agreement No.: D0043
IN WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the
date last executed below.
List of Exhibits:
Exhibit A, Project Description
Exhibit B, Project Budget and Timeline
Exhibit C, Special Audit Requirements
Approved as to form and legal
sufficiency, subject only to full
and proper execution by the
Parties.
Office of the General Counsel
Department of Economic Opportunity
By: •
Approved Date:
RECIPIENT:
By:
Name:
Title:
Date:
THE DIVISION:
FLORIDA DEPARTMENT OF ECONOMIC
OPPORTUNITY, DIVISION OF COMMUNITY
DEVELOPMENT
By:
Name:
Title:
Date:
13
xhit'Ji+ A
City of Miami i `a III1C CClfli l hE?
f
�$Itkl
Scope of Work for Miami Design District's infrastructure Improvements`,It ;-3
Scope of Work for
Miami Design District's Infrastructure improvements
Scope:
An appropriation for one million dollars has been allocated to the City of Miami for
public infrastructure improvements within the Miami Design District located in the
Enterprise Zone. The City of Miami is committed to provide a fifty percent match for a
total project cost of $1,500,000,
The proposed infrastructure improvements identified by the City consist of the
installation of storm drainage, sanitary sewer, water distribution, sidewalks, curbing,
paving, sidewalk pavers, raised crosswalks, trees and lighting along NE 38th Street and
NE 39th Streets between NE lst Avenue and NE 2nd Avenue.. Refer to Attachment #1
for location details,
Budget:
The City, in conjunction with Coastal Construction, has developed a detailed cost
estimate for the right-of-way improvements, see Attachment #2. The scope consists of a
total project cost of approximately $2.2 million, with anticipated expenditures during
the grant period totaling just under $1.4 million. A summary of the anticipated
expenditures is provided below,
Description of Work
Civil Work
Sidewalk Pavers
Lighting
Tree and Landscape
Other Costs
Total
storm drainage, sanitary sewer, water
distribution, curbing, paving
Sidewalks, raised crosswalks, pavers
Street light fixtures, basis, conduit, wire
Trees, structural soil and irrigation
MOT, GC, liability insurance, overhead,
perform bond
Note: Costs are approximate. Refer to Attachment 01 for more information.
Cost of Work
$315,000
$250,000
$278,000
$334,000
$203,000
$1,380,000
Schedule:
The period for the infrastructure improvements included in this scope is from October 1st
2013 to June 30th 2014. All work done under this scope is anticipated to be completed
before the end of the state's fiscal year 2014,
Capital Improvements & Transportation Program
City of Miami
Miami Design District's infrastructure Improvements
Attachment #1
Project location Map
•
Capital Improvements & Transportation 'Program
City of Miami
Miami Design District's InfrastructureImprovements
RIZIM.1.1.10,1110.1M.*
Attachment #1: Protect Location Map:
X1111111.4147.110i1
Project Location Map
Miami Design District Infrastructure improvements
waponx........ • k ,I11..**102.0.1111* M.11 .
Capital Improvements & Transportation Program
City of Miami
Miami Design District's Infrastructure improve
Attachment #2
Project's Cost Estimate
Capital Improvements & Transportation Program
Coastal
Palm Court Projected Right of Way Cost Estimate - 3/1/14 - 6/30/14 (Column C)
A
C=(A-B
5 .i `i` k Y y'ta'^F"•$S 9P }I T4 4 4 ^E'!r R X y
S i z4y >
1.V.
}� ,'z
t ait' t
4 r: f (L
r? a4
{
aeUNT
�L�-dpKi"iF s
�Q C E:RRIECTEDTZOgE11!
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pry
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'
y a g ra
5REN7�T/)j�0UC1�i
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Drainage Wells
0rolnage wells to Improve the storm drainage of NE 38 Street
1 Drainage well Drilling
Well N 2 (173') Jaffer
SOV CO
$12,796
$12,796
$0
Well 33(165') Jaffer
SOV CO
$11,796
$11,796
$0
Well 34(166') Jaffer
SOV + CO
$11,921
$11,921
$0
2 Well Boxes and Structures
$0
(3) Well Boxes Stanford
SOV
$58,104
$58,104
$0
Sub -Total
$94,617
$94,617
$0
CivIl Work
Storm Drainage work (NE 38 Street) Stanford
SOV
$127,361
$116,246
$11,115
Storm Drainage work (NE 39 Street) Stanford
SOV
$101,315
$74,836
$26,479
Storm Drainage work (NE 1stAve) Stanford
SOV
$35,616
$2,516
$33,100
Additional Drainage work In Change orders Stanford
CO
$168,985
$127,576
$41,409
Water Distribution (NE 38 Street) Stanford
SOV
$126,568
$126,568
$0
Water Distribution (NE 39 Street) Stanford
SOV
$29,208
$29,208
$0
Water Distribution (NE 1st Ave,) Stanford
SOV
$38,944
$38,944
$0
Additional Water Distribution Change orders Stanford
CO
$39,908
$39,908
$0
Sanitary Sewer ( NE 38 Street) Stanford
SOV
$12,689
$12,689
$0
Sanitary Sewer ( NE 39 Street) Stanford
SOV
$16,774
$7,420
$9,354
Additional Sanitary work In Change orders Stanford
CO
$45,016
$45,016
$0
Sidewalks Stanford
SOV
$10,690
$3,943
$6,747
Curbs Stanford
SOV
$25,042
$6,829
$18,213
Striping Stanford
SOV
$44,500
$12,912
$31,588
Paving (NE 38 Street) Stanford
SOV
$45,192
$3,1.92
$42,000
Paving (NE 39 Street) Stanford
SOV
$20,684
$1,461
$19,223
Paving (NE 1st Ave,) Stanford
SOV
$25,530
$1,803
$23,727
Roadways Restoration and paving in CO work Stanford
CO
$27,775
$0
$27,775
Demo Stanford
SOV CO
$19,666
$4,703
$14,963
Subcontractor's MOT Stanford
SOV+CO
36,237
$27,885
$8,352
Sub -Total
$997,699
$683,653
$314,045
Sidewalk Pavers
Sidewalks (12"x12"x2-3/8") Perfect Pavers
SOV
$207,159
$0
$207,159
Tabletop Crosswalk (3-1/81 Perfect Pavers
SOV
$9,851
$0
$9,851
Perforated tree pavers Perfect Pavers
SOV
$32,610
$0
$32,610
Sub -Total
$249,620
$0
$249,620
Trees
66 Specimen Trees Planted in ROW Florida Tree Locators
Proposal
$260,650
$0
$260,650
Structural Soil for ROW trees All Green Nursery
SOV
$48,200
$0
$48,200
Structural Soil and Irrigation for ROW trees All Green Nursery
SOV
$25,000
$0
$25,000
Sub -Total
$333,850
$0
$333,850
Lighting
Street Light Fixtures, basis, conduit and Wire Thunder 'Proposal
$277,972
$0
$277,972
Sub -Total
$277,972
$0
$277,972
SUBTOTAL •
General Contractor's MOT's
General Contractor's Gc's
General Contractor's General Liability &Insurance
$1,953,757
$50,000
$117,225
$19,538
$778,270
$0
$46,696
$7,783
$1,175,487
$50,000
$70,529
$11,755
SUBTOTAL
General Contractor's overhead & Fee -
$2,140,520
$85,621
$832,749
$33,310
31,307,771
$52,311
SUBTOTAL
General Contractor's Payment & Perform Bond
$2,226,141
$30,498
$866,059
$11,865
61,360,082
$18,633
TOTAL PROJECT
$2,256,639
$877,924
$1,378,715
Agreement No.: D0043
EXHIBIT C
SPECIAL AUDIT REQUIREMENTS
The adini.Mstration of funds awarded by the Department of Economic Opportunity's Division of
Community Development (the Division) to Recipient may be subject to audits and/or monitoring by the
Division, as described in this section,
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97 of
the Florida Statutes, as revised (see "AUDITS" below), monitoring procedures may include, but not be
limited to, on -site visits by the Division staff, limited scope audits as defined by OMB Circular. A-133, as
revised, and/or other procedures. By entering into this Agreement, Recipient agrees to comply and
cooperate with any monitoring procedures/processes deemedappropriate by the Division. In the event
the Division determines that a limitedscope audit of Recipient is appropriate, Recipient agrees to comply
with any additional instructions provided by the. Division staff to Recipient regarding such audit.
Recipient further agrees to comply and: cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Chief Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if Recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised.
1. In the event that Recipient expends $100,000 ($500,000 for fiscal years ending after December
31, 2003) or more in Federal awards in its fiscal year, Recipient must have a single or program -
specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised.
A.NACHMENT 1. to this Agreement indicates Federal resources awarded through the Division
by this Agreement. In determining the Federal awards expended in its fiscal year, Recipient shall
consider all sources of Federal awards, including Federal resources received from the Division.
The determination of amounts of Federal awards expended should be in accordance with the
guidelines established by OMB Circular A-133, as revised. An audit of Recipient conducted by
the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will met
the requirements of this part.
2. In connection with the audit requirenie its addzessedii2. Fait I, paragraph 1;°Recipient shallfulfill
the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-
133, as revised.
14
Agreement No.: D0043
3. If Recipient expends less than $100,000 ($500,000 for fiscal years ending after December
31, 2003) in. Federal awards in its fiscal year, an audit conducted in accordance with the
provisions of OMB Circular A-133, as revised, is not required. In the event that Recipient
expends less than $100,000 ($500, 000for fiscal years ending after December 31, 2003) in
Federal awards in its fiscal year and elects to have an audit conducted in accordance with the
provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-
Federal resources (i.e., the cost of such an audit must be paid from Recipient' resources obtained
from other than. Federal entities).
4. If not otherwise disclosed as required by section .310(b)(2) of OMB Circular A-133, as revised,
the schedule of expenditures of Federal awards shall identify expenditures by contract number for
each contract with the Department of Economic Opportunity in effect during the audit period.
5. A web site that provides links to several Federal Single Audit Act resources can be found at:
http://harvester.census,gov/sac/sainfo.htm1
PART II: STATE FUNDED
This part is applicable if Recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes.
1. In the event that Recipient expends a total amount of state financial assistance equal to or in
excess of $500,000 in any fiscal year of such Recipient (for fiscal years ending September 30,
2004 or thereafter), 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 Department of
Financial Services; and, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit
and for -profit organizations), Rules of the Auditor General. ATTACHMENT 1 to this
Agreement indicates state financial assistance awarded through the Division by this Agreement.
In determining the State financial assistance expended in its fiscal year, Recipient shall consider
all state financial assistance; including state financial assistance received from the Division, 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 connectionwith the audit requirements in Part II, paragraph 1, Recipient shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes
submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and
Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations),
Rules of the Auditor General.
3. If Recipient expends less than $500,000 in state financial assistance in its .fiscal year (for fiscal
years ending September 30, 2004 or thereafter), an audit conductedin accordance with the
provisions of Section 215.97, Florida Statutes, is not required. In the event; that Recipient
15
Agreement No.: D0043
expends less than $500,000 in state financial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be
paid from Recipient' funds obtained from other than State entities).
4. For information regarding the Florida Single Audit Act, including the Florida Catalog of State
Financial Assistance (CSFA), Recipient should access the website for the Florida Department of
Financial Services located at https://apps.fldfs.com/fsaa/ for assistance, In addition to the above
website, the following websites may be accessed for additional information: The Florida
Legislature's website http://www.leg.state.fl.us/ and the Florida Auditor General's website
http://www. state. fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS: Not applicable.
Part W: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as
revised, and required by this Agreement shall be submitted, when required by Section .320 (d),
OMB Circular A-133, as revised, by or on behalf of Recipient directly to each of the following:
A. The Division at the following address:
Connie Norman
Florida Department of Economic Opportunity
Division of Community Development.
107 East Madison Street, MSC 160
Caldwell Building
Tallahassee, Florida 32399
B. The Federal Audit Clearinghouse designated in OMB Circular A-1.33, as revised (the number
of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should
be submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133; as revised.
16
Agreement No.: D0043
2. Pursuant to Section .320 (f), OMB Circular A-133, as revised, Recipient shall submit a copy of
the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any
management letter issued by the auditor, to DSBD at each of the addresses in paragraph 3 below.
3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted
by or on behalf of Recipient directly to each of the following:
A. The Division at the following address:
Connie Norman
Florida Department of Economic Opportunity
Division of Community Development
107 East Madison Street, MSC 160
Caldwell Building
Tallahassee, Florida 32399
B. The Auditor General's Office at the following address:
Auditor General's Office
Rooni 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4, Submittal of copies of reports or the management letter required. by Part III: non -applicable.
5. Any :reports, management letter, or other information required to be submitted to the Division
pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133,
Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -
profit organizations), Rules of the Auditor General, as applicable.
6. Recipient, when submitting financial reporting packages to the Division for audits done in
accordance with OMB Circular A-133 or Chapters 10.550 (localgovernmental 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 Recipient in correspondence accompanying the
reporting package.
PART V: RECORD RETENTION
Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement
for a periodof five (5) years from the date the audit report is issued, or five (5) state fiscal years after all
17
Agreement No.: D0043
reporting requirements are satisfied and final payments have been received, whichever period is longer,
and shall allow the Division or its designee, CFO, or Auditor General access to such records upon
request. In addition, if any litigation, claim, negotiation, audit, or other action involving the records has
been started prior to the expiration of the controlling period as identified above, the records shall be
retained until completion of the action and resolution of all issues which arise from it, or until the end of
the controlling period, whichever is longer. Recipient shall ensure that audit working papers are made
available to the Division, or its designee, CFO, or Auditor General upon request for a period of five (5)
years from the date the audit report is issued, unless extended in writing by the Division.
[The remainder of this page has been intentionally left blank.]
18
Agreement No.: D0043
EXHIBIT C
Attachment 1
FEDERAL RESOURCES AWARDED TO TH RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING: none
COMPLIANCE REQUIREMENTS APPLICABLE TO TFTE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: none
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS: none
SUBJECT TO SECTION 215.97 OF THE FLORIDA STATUTES:
State Project: Department of Economic Opportunity
CSFA: 40.013
Rural Infrastructure Fund
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
For each program identified above, the Recipient shall comply with the program requirements described
in the Florida Catalog of State Financial Assistance (CSFA)[https://apps.fdfs.corn/fsaa/catalog.aspxl.
The purposes for which the funds are to be used are limited to those consistent with the Recipient's
commitments .specified in this Agreement. Any match required is clearly indicated in this Agreement.
19