HomeMy WebLinkAboutExhibitAgreement # HL061
GRANT AGREEMENT
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
THIS GRANT AGREEMENT ("Agreement") is made and entered into by and between the State of Florida,
Department of Economic Opportunity ("DEO"), and the City of Miami ("Grantee"). DEO and Grantee are
sometimes referred to herein individually as a "Party" and collectively as "the Parties."
I. GRANTEE AGREES:
A. Performance Requirements:
Grantee shall perform the services specified herein in accordance with the terms and conditions
of this Agreement and all of its attachments and/or exhibits, which are incorporated by
reference herein.
B. Type of Agreement:
This Agreement is a cost reimbursement agreement.
C. Agreement Period:
The term of this Agreement begins on July 1, 2016, and ends on June 30, 2017, DEO is not
obligated to pay for costs incurred by Grantee related to this Agreement prior to its beginning
date or after its ending date. Grantee acknowledges that while no extension of this Agreement
is contemplated, if an extension is necessary due to events beyond the control of Grantee, any
consideration of an extension will be subject to the availability of funds and further conditioned
upon Grantee's satisfactory performance of all duties and obligations hereunder, as determined
by DEO.
D. Agreement Payment:
This Agreement shall not exceed seven hundred and fifty thousand dollars ($750,000) which
shall be paid by DEO in consideration for Grantee's provision of services as set forth by the
terms and conditions of this Agreement. The State of Florida and DEO's performance and
obligation to pay under this Agreement is contingent upon an annual appropriation by the
Legislature. DEO shall be the final authority as to the availability of funds for this Agreement,
and as to what constitutes an "annual appropriation" of funds to complete this Agreement. If
such funds are not appropriated or available for the Agreement purpose, such event will not
constitute a default on DEO or the State. DEO agrees to notify Grantee in writing at the earliest
possible time if funds are not appropriated or available. The cost for services rendered under
any other Agreement or to be paid from any other source is not eligible for reimbursement
under this Agreement.
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E. Requirements of paragraphs (a) — (i) of subsection 287.058(1), Florida Statutes (F.S.):
1. Grantee shall submit bills for fees or other cornpensation for services or expenses in
sufficient detail for a proper pre -audit and post -audit thereof.
2. If travel expenses are authorized, Grantee shall submit bills for such travel expenses and
shall be reimbursed only in accordance with section 112.061, F.S.
3. Grantee shall allow public access to all documents, papers, letters or other materials made
or received by Grantee in conjunction with this Agreement, unless the records are exempt
from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. It is
expressly understood that DEO may unilaterally cancel this Agreement for Grantee's refusal
to comply with this provision.
4. Grantee shall perform all tasks contained in Attachment 1, Scope of Work.
5. Receipt by Grantee of DEO's written acceptance of the units of deliverables specified herein
is a condition precedent to payment under this Agreement and is contingent upon Grantee's
compliance with the specified performance measure (i.e., each deliverable must satisfy at
least the minimum acceptable level of service specified in the Scope of Work and DEO shall
apply the applicable criteria stated in the Scope of Work to determine satisfactory
completion of each deliverable).
6. Grantee shall comply with the criteria and final date by which such criteria must be met for
completion of this Agreement.
7. Renewal: This Agreement may not be renewed.
8. If Grantee fails to perform in accordance with the Agreement, DEO shall apply the financial
consequences specified herein.
9. Unless otherwise agreed in writing, intellectual property rights to preexisting property will
remain with Grantee; whereas, intellectual property rights to all property created or
otherwise developed by Grantee specifically for DEO will be owned by the State of Florida
through DEO. Proceeds derived from the sale, licensing, marketing, or other authorization
related to any such DEO-controlled intellectual property right shall be handled in the
manner specified by applicable state statute.
F. Governing Laws of the State of Florida:
1. Grantee agrees that this Agreement is executed and entered into in the State of Florida, and
shall be construed, performed, and enforced in all respects in accordance with the laws,
rules, and regulations of the State of Florida. Each Party shall perform its obligations herein
in accordance with the terms and conditions of the Agreement. Without limiting the
provisions of Section II.D., Dispute Resolution, 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, the Parties waive any right to jury trial. For
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avoidance of doubt, should any term of this Agreement conflict with any applicable law, rule,
or regulation, the law, rule, or regulation shall control over the provisions of this Agreement.
2. If applicable, Grantee agrees that it is in compliance with the rules for e-procurement as
directed by Rule 60A-1.030, F.A.C. and that it will maintain eligibility for this Agreement
through the MyFloridaMarketplace.com system.
3. DEO shall ensure compliance with section 11.062, F.S., and section 216.347, F.S. Grantee
shall not, in connection with this or any other agreement with the State, directly or
indirectly: (1) offer, confer, or agree to confer any pecuniary benefit on anyone as
consideration for any State officer or employee's decision, opinion, recommendation, vote,
other exercise of discretion, or violation of a known legal duty; or (2) offer, give, or agree to
give to anyone any gratuity for the benefit of, or at the direction or request of, any State
officer or employee. For purposes of clause (2), "gratuity" means any payment of more than
nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging,
loans, subscriptions, advances, deposits of money, services, employment, or contracts of
any kind. Upon request of DEO's Inspector General, or other authorized State official,
Grantee shall provide any type of information the Inspector General deems relevant to
Grantee's integrity or responsibility. Such information may include, but shall not be limited
to, Grantee's business or financial records, documents, or files of any type or form that refer
to or relate to this Agreement. Grantee shall retain such records in accordance with the
record retention requirements of Part V of Attachment 2, Audit Requirements.
4. Grantee agrees to reimburse the State for the reasonable costs of investigation incurred by
the Inspector General or other authorized State official for investigations of Grantee's
compliance with the terms of this or any other agreement between Grantee and the State
which results in the suspension or debarment of Grantee. Such costs shall include, but shall
not be limited to: salaries of investigators, including overtime; travel and lodging expenses;
and expert witness and documentary fees. Grantee shall not be responsible for any costs of
investigations that do not result in Grantee's suspension or debarment. Grantee
understands and will comply with the requirements of subsection 20.055(5), F.S., including
but not necessarily limited to, the duty of Grantee and any of Grantee's subcontractors to
cooperate with the inspector general in any investigation, audit, inspection, review, or
hearing pursuant to section 20.055, F.S.
5. Public Entity Crime: Pursuant to section 287.133(2)(a), F.S., a person or affiliate who has
been placed on the convicted vendor list following a conviction for a public entity crime may
not submit a bid, proposal, or reply on an agreement to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on an agreement with a public entity
for the construction or repair of a public building or public work; may not submit bids,
proposals, or replies on leases of real property to a public entity; may not be awarded or
perform work as a Grantee, supplier, subcontractor or consultant under an agreement with
any public entity and may not transact business with any public entity in excess of the
threshold amount provided in section 287.017, F.S., for Category Two for a period of thirty-
six (36) months from the date of being placed on the convicted vendor list.
6. Advertising: Subject to chapter 119, F.S., Grantee shall not publicly disseminate any
information concerning this Agreement without prior written approval from DEO, including,
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but not limited to mentioning this Agreement in a press release or other promotional
material, identifying DEO or the State as a reference, or otherwise linking Grantee's name
and either a description of the Agreement or the name of DEO or the State in any material
published, either in print or electronically, to any entity that is not a Party to this
Agreement, except potential or actual authorized distributors, dealers, resellers, or service
representatives.
7. Sponsorship: As required by section 286.25, F.S., if Grantee is a nongovernmental
organization which sponsors a program financed wholly or in part by state funds, including
any funds obtained through this Agreement, it shall, in publicizing, advertising, or describing
the sponsorship of the program, state: "Sponsored by (Grantee's name) and the State of
Florida, Department of Economic Opportunity." If the sponsorship reference is in written
material, the words "State of Florida, Department of Economic Opportunity" shall appear in
the same size letters or type as the name of the organization.
8. Mandatory Disclosure Requirements:
a. Conflict of Interest: This Agreement is subject to chapter 112, F.S. Grantee shall
disclose the name of any officer, director, employee, or other agent who is also an
employee of the State. Grantee shall also disclose the name of any State employee who
owns, directly or indirectly, more than a five percent (5%) interest in Grantee or its
affiliates.
b. Convicted Vendors: Grantee shall disclose to DEO if it, or any of its affiliates, as defined
in section 287.133(1)(a) of the Florida Statutes, is on the convicted vendor list. A person
or affiliate placed on the convicted vendor list following a conviction for a public entity
crime is prohibited from doing any of the activities listed in Section I.F.5 above for a
period of thirty—six (36) months from the date of being placed on the convicted vendor
list.
c. Vendors on Scrutinized Companies Lists: If this Agreement is in the amount of $1 million
or more, in executing this Agreement, Grantee certifies that it is not listed on either the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473,
F.S., or engaged in business operations in Cuba or Syria.
1) Pursuant to section 287.135(5), F.S., DEO may immediately terminate this
Agreement for cause if Grantee is found to have submitted a false certification or if
Grantee is placed on the Scrutinized Companies with Activities in Sudan List, the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has
been engaged in business operations in Cuba or Syria during the term of the
Agreement.
2) If DEO determines that Grantee has submitted a false certification, DEO will provide
written notice to Grantee. Unless Grantee demonstrates in writing, within ninety
(90) days of receipt of the notice, that DEO's determination of false certification was
made in error, DEO shall bring a civil action against Grantee. If DEO's determination
is upheld, a civil penalty equal to the greater of $2 million or twice the amount of
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this Agreement shall be imposed on Grantee, and Grantee will be ineligible to bid on
any Agreement with an agency or local governmental entity for three (3) years after
the date of DEO's determination of false certification by the Grantee.
3) In the event that federal law ceases to authorize the states to adopt and enforce the
contracting prohibition identified herein, this provision shall be null and void.
d. Discriminatory Vendors: Grantee shall disclose to DEO if it or any of its affiliates, as
defined by section 287.134(1)(a.), F.S. appears on the discriminatory vendor list. An
entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134,
F.S. may not:
1) submit a bid, proposal, or reply on a contract or agreement to provide any goods or
services to a public entity;
2) submit a bid, proposal, or reply on a contract or agreement with a public entity for
the construction or repair of a public building or public work;
3) submit bids, proposals, or replies on leases of real property to a public entity;
4) be awarded or perform work as a contractor, subcontractor, Grantee, supplier, sub -
Grantee, or consultant under a contract or agreement with any public entity; or
5) transact business with any public entity.
9. Abuse, Neglect, and Exploitation Incident Reporting:
In compliance with sections 39.201 and 415.1034, F.S., an employee of Grantee who knows
or has reasonable cause to suspect that a child, aged person, or disabled adult is or has been
abused, neglected, or exploited shall immediately report such knowledge or suspicion to the
Florida Abuse Hotline by calling 1-800-96ABUSE, or via the web reporting option at
http://www,dcf,state.fl.us/abuse/report/, or via fax at 1-800-914-0004.
10. Information Release:
a. Grantee shall keep and maintain public records required by DEO to perform Grantee's
responsibilities hereunder. Grantee shall, upon request from DEO's custodian of public
records, provide DEO with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time per the cost structure provided in chapter
119, F.S., and in accordance with all other requirements of chapter 119, F.S., or as
otherwise provided by law. Upon expiration or termination of this Agreement, Grantee
shall transfer, at no cost, to DEO all public records in possession of Grantee or keep and
maintain public records required by DEO to perform the service. If the Grantee keeps
and maintains public records upon completion of the Agreement, the Grantee shall
meet all applicable requirements for retaining public records. All records stored
electronically must be provided to DEO, upon request from the DEO's custodian of
records, in a format that is compatible with the information technology systems of DEO,
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b. If DEO does not possess a record requested through a public records request, DEO shall
notify the Grantee of the request as soon as practicable, and Gratnee must provide the
records to DEO or allow the records to be inspected or copied within a reasonable time.
If Grantee does not comply with DEO's request for records, DEO shall enforce the
provisions set forth in this Agreement. A Grantee who fails to provide public records to
DEO within a reasonable time may be subject to penalties under section 119.10, F.S.
c. DEO does not endorse any Grantee, commodity, or service. No public disclosure or
news release pertaining to this Agreement shall be made without the prior written
approval of DEO. Grantee is prohibited from using Agreement information, sales
values/volumes and/or DEO customers in sales brochures or other promotions,
including press releases, unless prior written approval is obtained from DEO.
d. Grantee acknowledges that DEO is subject to the provisions of chapter 119, F.S., relating
to public records and that reports, invoices, and other documents Grantee submits to
DEO under this Agreement may constitute public records under Florida Statutes.
Grantee shall cooperate with DEO regarding DEO's efforts to comply with the
requirements of chapter 119, F.S.
e. If Grantee submits records to DEO that are confidential and exempt from public
disclosure as trade secrets or proprietary confidential business information, such
records should be identified as such by Grantee prior to submittal to DEO. Failure to
identify the legal basis for each exemption from the requirements of chapter 119, F.S.,
prior to submittal of the record to DEO serves as Grantee's waiver of a claim of
exemption. Grantee shall ensure that public records that are exempt or confidential
and exempt from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the Agreement term and following completion of
the Agreement if the Grantee does not transfer the records to DEO upon termination of
the Agreement.
f. Grantee shall allow public access to all records made or received by Grantee in
conjunction with this Agreement, unless the records are exempt from section 24(a) of
Article I of the State Constitution and section 119.07(1), F.S. For records made or
received by Grantee in conjunction with this Agreement, Grantee shall respond to
requests to inspect or copy such records in accordance with chapter 119, F.S.
g•
In addition to Grantee's responsibility to directly respond to each request it receives for
records made or received by Grantee in conjunction with this Agreement and to provide
the applicable public records in response to such request, Grantee shall notify DEO of
the receipt and content of such request by sending an e-mail to
PRRequest@deo.myflorida.com within one (1) business day from receipt of such
request.
h. Grantee shall notify DEO verbally within twenty-four (24) chronological hours and in
writing within seventy-two (72) chronological hours if any data in Grantee's possession
related to this Agreement is subpoenaed or improperly used, copied, or removed
(except in the ordinary course of business) by anyone except an authorized
representative of DEO. Grantee shall cooperate with DEO in taking all steps as DEO
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deems advisable to prevent misuse, regain possession, and/or otherwise protect the
State's rights and the data subject's privacy.
i. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at
850-245-7140, via e-mail at PRRequest@deo.myflorida.com, or by
mail at Department of Economic Oppourtunity, Public Records
Coordinator, 107 East Madison Street, Caldwell Building,
Tallahassee, Florida 32399-4128.
11. Funding Requirements of Section 215.971(1), F.S.:
a. Grantee and its subcontractors may only expend funding under this Agreement for
allowable costs resulting from obligations incurred during the Agreement period. To be
eligible for reimbursement, costs must be in compliance with laws, rules and
regulations applicable to expenditures of State funds, including, but not limited to, the
Reference Guide for State Expenditures
(http://www.myfioridacfo.com/aadir/reference guide/),
b. Grantee shall refund to DEO any balance of unobligated funds which has been advanced
or paid to Grantee.
c. Grantee shall refund to DEO all funds paid in excess of the amount to which Grantee or
its subcontractors are entitled under the terms and conditions of the Agreement.
G. Grantee Payments:
1. Grantee will provide DEO's Agreement Manager invoices in accordance with the
requirements of the State of Florida Reference Guide for State Expenditures (with detail
sufficient for a proper pre -audit and post -audit thereof. Invoices must also comply with the
following:
a. Invoices must be legible and must clearly reflect the goods/services that were provided
in accordance with the terms of the Agreement for the invoice period. Payment does
not become due under the Agreement until the invoiced deliverable(s) and any required
report(s) are approved and accepted by DEO.
b. Invoices must contain the Grantee's name, address, federal employer identification
number or other applicable Grantee identification number, the Agreement number, the
invoice number, and the invoice period. DEO or the State may require any additional
information from Grantee that DEO or the State deems necessary to process an invoice.
c. Invoices must be submitted in accordance with the time requirements specified in the
Scope of Work.
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II
2. At DEO's or the State's option, Grantee may be required to invoice electronically pursuant to
guidelines of the Department of Management Services. Current guidelines require that
Grantee supply electronic invoices in lieu of paper -based invoices for those transactions
processed through the system. Electronic invoices shall be submitted to DEO's Agreement
Manager through the Ariba Supplier Network (ASN) in one of the following mechanisms —
EDI 810, cXML, or web -based invoice entry within the ASN.
3. Payment shall be made in accordance with section 215.422, F.S., Rule 691-24, F.A.C., and
section 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422,
F.S., provides that agencies have five (5) working days to inspect and approve goods and
services unless the Scope of Work specify otherwise. DEO has twenty (20) days to deliver a
request for payment (voucher) to the Department of Financial Services. The twenty (20)
days are measured from the latter of the date the invoice is received or the goods or
services are received, inspected and approved. The Scope of Work may specify conditions
for retainage. Invoices returned to a Grantee due to preparation errors will result in a delay
of payment. Invoice payment requirements do not start until a properly completed invoice
is provided to DEO. DEO is responsible for all payments under the Agreement.
4. Section 55.03(1), F.S., identifies the process applicable to the determination of the rate of
interest payable on judgments and decrees, and pursuant to section 215.422(3)(b), F.S,, this
same process applies to the determination of the rate of interest applicable to late
payments to vendors for goods and services purchased by the State and for contracts which
do not specify a rate of interest. The applicable rate of interest is published at:
http://www.myfloridacfo.com/aadir/interest.htm
H. Final Invoice:
Grantee shall submit the final invoice for payment to DEO no later than 45 days after the
Agreement ends or is terminated. If Grantee fails to do so, DEO, in its sole discretion, may
refuse to honor any requests submitted after this time period and may consider Grantee to have
forfeited any and all rights to payment under this Agreement.
I. Return or Recoupment of Funds:
1. Grantee shall return to DEO any overpayments due to unearned funds or funds disallowed
pursuant to the terms of this Agreement that were disbursed to Grantee by DEO. In the
event that Grantee or its independent auditor discovers that overpayment has been made,
Grantee shall repay said overpayment within forty (40) calendar days without prior
notification from DEO. In the event that DEO first discovers an overpayment has been made,
DEO will notify Grantee by letter. Should repayment not be made in a timely manner, DEO
shall be entitled to charge interest at the lawful rate of interest on the outstanding balance
beginning forty (40) calendar days after the date of notification or discovery. Refunds
should be sent to DEO's Agreement Manager, and made payable to the "Department of
Economic Opportunity."
2. If authorized and approved, Grantee may be provided an advance as part of this Agreement.
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3. Notwithstanding the damages limitations of Section II.F., if Grantee's non-compliance with
any provision of the Agreement results in additional cost or monetary loss to DEO or the
State of Florida, DEO can recoup that cost or loss from monies owed to Grantee under this
Agreement or any other Agreement between Grantee and any State entity. In the event
that the discovery of this cost or loss arises when no monies are available under this
Agreement or any other Agreement between Grantee and any State entity, Grantee will
repay such cost or loss in full to DEO within thirty (30) days of the date of notice of the
amount owed, unless DEO agrees, in writing, to an alternative timeframe.
J. Vendor Ombudsman:
A Vendor Ombudsman has been established within the Department of Financial Services. The
duties of this individual include acting as an advocate for vendors who may be experiencing
problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be
contacted at (850) 413-5516 or by calling the Chief Financial Officer's Hotline, (800) 342-2762.
K. Audits and Records:
1. Representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor
General of the State of Florida, the Florida Office of Program Policy Analysis and
Government Accountability or representatives of the federal government and their duly
authorized representatives shall have access to any of Grantee's books, documents, papers,
and records, including electronic storage media, as they may relate to this Agreement, for
the purposes of conducting audits or examinations or making excerpts or transcriptions.
2. Grantee shall maintain books, records, and documents in accordance with generally
accepted accounting procedures and practices which sufficiently and properly reflect all
expenditures of funds provided by DEO under this Agreement.
3. Grantee shall comply with all applicable requirements of section 215.97, F.S., and
Attachment 2, Audit Requirements; and, if an audit is required thereunder, Grantee shall
disclose all related party transactions to the auditor.
4. Grantee shall retain all Grantee records, financial records, supporting documents, statistical
records, and any other documents (including electronic storage media) pertinent to this
Agreement in accordance with the record retention requirements of Part V of Attachment 2,
Audit Requirements. Grantee shall cooperate with DEO to facilitate the duplication and
transfer of such records or documents upon request of DEO.
5. Grantee shall include the aforementioned audit and record keeping requirements in all
approved subrecipient subcontracts and assignments.
6. Within sixty (60) days of the close of Grantee's fiscal year, on an annual basis, Grantee shall
electronically submit a completed Audit Compliance Certification (a version of this
certification is attached hereto as Attachment 3) to audit@deo.myflorida.com. Grantee's
timely submittal of one completed Audit Compliance Certification for each applicable fiscal
year will fulfill this requirement within all agreements (e.g., contracts, grants,
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memorandums of understanding, memorandums of agreement, economic incentive award
agreements, etc.) between DEO and Grantee.
7. Grantee shall (i) maintain all funds provided under this Agreement in a separate bank
account, or (ii) Grantee's accounting system shall have sufficient internal controls to
separately track the funds from this Agreement. There shall be no commingling of funds
provided under this Agreement, with any other funds, projects, or programs. DEO may, in
its sole discretion, disallow costs that result from purchases made with commingled funds.
L. Employment Eligibility Verification:
1. Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires DEO
contracts in excess of nominal value to expressly require Grantee to:
a. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by Grantee during the Agreement
term; and,
b. Include in all subcontracts under this Agreement, the requirement that subcontractors
performing work or providing services pursuant to this Agreement utilize the E-Verify
system to verify the employment eligibility of all new employees hired by the
subcontractor during the term of the subcontract.
2. E-Verify is an Internet -based system that allows an employer, using information reported on
an employee's Form 1-9, Employment Eligibility Verification, to determine the eligibility of all
new employees hired to work in the United States after the effective date of the required
Memorandum of Understanding (MOU); the responsibilities and elections of federal
contractors, however, may vary, as stated in Article II.D.1.c, of the MOU. There is no charge
to employers to use E-Verify. The Department of Homeland Security's E-Verify system can
be found at:
http://www.dhs.gov/files/programs/gc 1185221678150.shtm
3. If Grantee does not have an E-Verify MOU in effect, Grantee must enroll in the E-Verify
system prior to hiring any new employee after the effective date of this Agreement,
M. Duty of Continuing Disclosure of Legal Proceedings:
1. Prior to execution of this Agreement, Grantee must disclose all prior or on -going civil or
criminal litigation, investigations, arbitration or administrative proceedings (Proceedings)
involving Grantee (and each subcontractor) in a written statement to DEO's Agreement
Manager. Thereafter, Grantee has a continuing duty to promptly disclose all Proceedings
upon occurrence.
2. This duty of disclosure applies to Grantee's or subcontractor's officers and directors when
any Proceeding relates to the officer or director's business or financial activities. Details of
settlements that are prevented from disclosure by the terms of the settlement may be
annotated as such.
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3. Grantee shall promptly notify DEO's Agreement Manager of any Proceeding relating to or
affecting the Grantee's or subcontractor's business. If the existence of such Proceeding
causes the State concern that the Grantee's ability or willingness to perform the Agreement
is jeopardized, Grantee shall be required to provide DEO's Agreement Manager all
reasonable assurances requested by DEO to demonstrate that:
a. Grantee will be able to perform the Agreement in accordance with its terms and
conditions; and
b. Grantee and/or its employees, agents, or subcontractor(s) have not and will not engage
in conduct in performing services for DEO which is similar in nature to the conduct
alleged in such Proceeding.
N. Assignments and Subcontracts:
1. Grantee agrees to neither assign the responsibility for this Agreement to another party nor
subcontract for any of the work contemplated under this Agreement, or amend any such
assignment or subcontract, without prior written approval of DEO. Any sublicense,
assignment, or transfer occurring without the prior approval of DEO, shall be null and void,
2. Grantee agrees to be responsible for all work performed and all expenses incurred in
fulfilling the obligations of this Agreement. If DEO permits Grantee to subcontract all or part
of the work contemplated under this Agreement, including entering into subcontracts with
vendors for services, it is understood by Grantee that all such subcontract arrangements
shall be evidenced by a written document containing all provisions necessary to ensure
subcontractor's compliance with applicable state and federal law. Grantee further agrees
that DEO shall not be liable to the subcontractor for any expenses or liabilities incurred
under the subcontract and Grantee shall be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcontract. Grantee, at its expense, will defend
DEO against such claims.
3. Grantee agrees that all Grantee employees, subcontractors, or agents performing work
under the Agreement shall be properly trained technicians who meet or exceed any
specified training qualifications. Upon request, Grantee shall furnish a copy of technical
certification or other proof of qualification. All Grantee employees, subcontractors, or
agents performing work under the Agreement must comply with all DEO security and
administrative requirements identified herein, DEO may conduct, and Grantee shall
cooperate in, a security background check or otherwise assess any employee,
subcontractor, or agent furnished by Grantee. DEO may refuse access to, or require
replacement of, any of Grantee's employees, subcontractors, or agents for cause, including,
but not limited to, technical or training qualifications, quality of work, change in security
status, or non-compliance with DEO's security or administrative requirements identified
herein. Such refusal shall not relieve Grantee of its obligation to perform all work in
compliance with the Agreement. DEO may reject and bar from any facility for cause any of
Grantee's employees, subcontractors, or agents.
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4. Grantee agrees that the State of Florida shall at all times be entitled to assign or transfer its
rights, duties, or obligations under this Agreement to another governmental agency in the
State of Florida, upon giving prior written notice to Grantee. In the event the State of
Florida approves transfer of Grantee's obligations, Grantee remains responsible for all work
performed and all expenses incurred in connection with the Agreement. In addition, this
Agreement shall bind the successors, assigns, and legal representatives of Grantee and of
any legal entity that succeeds to the obligations of the State of Florida.
5. Grantee agrees to make payments to the subcontractor within seven (7) working days after
receipt of full or partial payments from DEO in accordance with section 287.0585, F.S.,
unless otherwise stated in the Agreement between Grantee and subcontractor. Grantee's
failure to pay its subcontractors within seven (7) working days will result in a penalty
charged against Grantee and paid to the subcontractor in the amount of one-half of one (1)
percent of the amount due per day from the expiration of the period allowed herein for
payment. Such penalty shall be in addition to actual payments owed and shall not exceed
fifteen (15) percent of the outstanding balance due.
6. Grantee shall provide a monthly Minority and Service -Disabled Veteran Business Enterprise
Report for each invoice period summarizing the participation of certified and non -certified
minority and service -disabled veteran subcontractors/material suppliers for that period, and
project to date. The report shall include the names, addresses and dollar amount of each
certified and non -certified Minority Business Enterprise and Service -Disabled Veteran
Enterprise participant and a copy must be forwarded to DEO's Agreement Manager. The
Office of Supplier Diversity at (850) 487-0915 will assist in furnishing names of qualified
minorities. DEO's Minority Coordinator at (850) 245-7260 will assist with questions and
answers,
7. DEO shall retain the right to reject any of Grantee's or subcontractor's employees whose
qualifications or performance, in DEO's judgment, are insufficient.
O. MyFloridaMarketPlace Transaction Fee: disbursements of State financial assistance to a
recipient are exempt from this Transaction Fee pursuant to Rule 60A-1.032(1)(i), F.A.C.
P. Nonexpendable Property:
1. For the requirements of this Section of the Agreement, "nonexpendable property" is the
same as "property" as defined in section 273.02, F.S., (equipment, fixtures, and other
tangible personal property of a non -consumable and nonexpendable nature, with a value or
cost of $1,000 or more, and a normal expected life of one year or more; hardback -covered
bound books that are circulated to students or the general public, with a value or cost of
$25 or more; and hardback -covered bound books, with a value or cost of $250 or more).
2. All nonexpendable property, purchased under this Agreement, shall be listed on the
property records of Grantee. Grantee shall inventory annually and maintain accounting
records for all nonexpendable property purchased and submit an inventory report to DEO
with the final expenditure report. The records shall include, at a minimum, the following
information: property tag identification number, description of the item(s), physical
location, name, make or manufacturer, year, and/or model, manufacturer's serial
number(s), date of acquisition, and the current condition of the item.
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3. At no time shall Grantee dispose of nonexpendable property purchased under this
Agreement for these services without the written permission of and in accordance with
instructions from DEO.
4. Immediately upon discovery, Grantee shall notify DEO, in writing, of any property loss with
the date and reason(s) for the loss.
5. Grantee shall be responsible for the correct use of all nonexpendable property furnished
under this Agreement.
6. A formal Agreement amendment is required prior to the purchase of any item of
nonexpendable property not specifically listed in the approved Agreement budget.
7. Title (ownership) to all nonexpendable property acquired with funds from this Agreement
shall be vested in DEO and said property shall be transferred to DEO upon completion or
termination of the Agreement unless otherwise authorized in writing by DEO.
Q. Requirements Applicable to the Purchase of or Improvements to Real Property:
Pursuant to section 287.05805, F.S., if funding provided under this Agreement is used for the
purchase of or improvements to real property, such funds are contingent upon Grantee granting
to DEO a security interest in the property in the amount of the funding provided by this
Agreement for the purchase of or improvements to the real property for five (5) years from the
date of purchase or the completion of the improvements or as further required by law.
R. Information Resource Acquisition:
Grantee shall obtain prior written approval from the appropriate DEO approving authority
before purchasing any Information Technology Resource (ITR) or conducting any activity that
will impact DEO's electronic information technology equipment or software, as both terms are
defined in DEO Policy Number 5.01, in any way. ITR includes computer hardware, software,
networks, devices, connections, applications, and data.
S. Insurance:
During the Agreement, including the initial Agreement term, renewal(s), and extensions,
Grantee, at its sole expense, shall maintain insurance coverage of such types and with such
terms and limits as may be reasonably associated with the Agreement. Providing and
maintaining adequate insurance coverage is a material obligation of Grantee, and failure to
maintain such coverage may void the Agreement. The limits of coverage under each policy
maintained by Grantee shall not be interpreted as limiting Grantee's liability and obligations
under the Agreement. All insurance policies shall be through insurers licensed and authorized
to write policies in Florida.
Upon execution of this Agreement, Grantee shall provide DEO written verification of the
existence and amount for each type of applicable insurance coverage. Within thirty (30) days of
the effective date of the Agreement, Grantee shall furnish DEO proof of applicable insurance
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coverage by standard ACORD form certificates of insurance. In the event that any applicable
coverage is cancelled by the insurer for any reason, Grantee shall immediately notify DEO of
such cancellation and shall obtain adequate replacement coverage conforming to the
requirements herein and provide proof of such replacement coverage within fifteen (15)
business days after the cancellation of coverage. The insurance certificate must name DEO as an
additional insured and identify DEO's Agreement Number. Copies of new insurance certificates
must be provided to DEO's Agreement Manager with each insurance renewal.
DEO shall be exempt from, and in no way liable for, any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole
responsibility of Grantee providing such insurance. The following types of insurance are
required.
1. Grantee's Commercial General Liability lnsurance:
Unless Grantee is a state agency or subdivision as defined by section 768.28(2), F.S., Grantee
shall provide adequate commercial general liability insurance coverage and hold such
liability insurance at all times during this Agreement. A self-insurance program established
and operating under the laws of the State of Florida may provide such coverage.
2. Workers' Compensation and Employer's Liability Insurance:
Grantee, at all times during the Agreement, at its sole expense, shall provide commercial
insurance of such a type and with such terms and limits as may be reasonably associated
with the Agreement, which, as a minimum, shall be: workers' compensation and employer's
liability insurance in accordance with chapter 440, F.S., with minimum employer's liability
limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such
policy shall cover all employees engaged in any Agreement work.
3. Other Insurance:
During the Agreement term, Grantee shall maintain any other insurance as required in
Attachment 1, Scope of Work.
T. Confidentiality and Safeguarding Information:
1. Each Party may have access to confidential information made available by the other. The
provisions of the Florida Public Records Act, Chapter 119, F.S., and other applicable state
and federal laws will govern disclosure of any confidential information received by the State
of Florida.
2. Grantee must implement procedures to ensure the appropriate protection and
confidentiality of all data, files, and records involved with this Agreement.
3. Except as necessary to fulfill the terms of this Agreement and with the permission of DEO,
Grantee shall not divulge to third parties any confidential information obtained by Grantee
or its agents, distributors, resellers, subcontractors, officers, or employees in the course of
performing Agreement work, including, but not limited to, security procedures, business
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operations information, or commercial proprietary information in the possession of the
State or DEO.
4. Grantee agrees not to use or disclose any information concerning a recipient of services
under this Agreement for any purpose not in conformity with state and federal law or
regulations except upon written consent of the recipient, or his responsible parent or
guardian when authorized by law, if applicable.
5. If Grantee has access to either DEO's network or any DEO applications, or both, in order to
fulfill Grantee's obligations under this Agreement, Grantee agrees to abide by all applicable
DEO Information Technology Security procedures and policies. Grantee (including its
employees, sub -contractors, agents, or any other individuals to whom Grantee exposes
confidential information obtained under this Agreement), shall not store, or allow to be
stored, any confidential information on any portable storage media (e.g., laptops, thumb
drives, hard drives, etc.) or peripheral device with the capacity to hold information. Failure
to strictly comply with this provision shall constitute a breach of Agreement.
6. Grantee shall notify DEO in writing of any disclosure of unsecured confidential information
of DEO by Grantee, its employees, agents, or representatives which is not in compliance
with the terms of this Agreement (of which it becomes aware). Grantee also shall report to
DEO any Security Incidents of which it becomes aware, including those incidents reported to
Grantee by its sub -contractors or agents. For purposes of this Agreement, "Security
Incident" means the attempted or successful unauthorized access, use, disclosure,
modification, or destruction of DEO information in Grantee's possession or electronic
interference with DEO operations; however, random attempts at access shall not be
considered a security incident. Grantee shall make a report to DEO not more than seven (7)
business days after Grantee learns of such use or disclosure. Grantee's report shall identify,
to the extent known: (i) the nature of the unauthorized use or disclosure, (ii) the
confidential information used or disclosed, (iii) who made the unauthorized use or received
the unauthorized disclosure, (iv) what Grantee has done or shall do to mitigate any
deleterious effect of the unauthorized use or disclosure, and (v) what corrective action
Grantee has taken or shall take to prevent future similar unauthorized use or disclosure.
Grantee shall provide such other information, including a written report, as reasonably
requested by DEO's Information Security Manager.
7. In the event of a breach of security concerning confidential personal information involved
with this Agreement, Grantee shall comply with section 501.171, F.S., as applicable. When
notification to affected persons is required under this section of the statute, Grantee shall
provide that notification, but only after receipt of DEO's approval of the contents of the
notice. Defined statutorily, and for purposes of this Agreement, "breach of security" or
"breach" means the unauthorized access of data in electronic form containing personal
data. Good faith acquisition of personal information by an employee or agent of the
Grantee is not a breach, provided the information is not used for a purpose unrelated to the
Grantee's obligations under this Agreement or is not subject to further unauthorized use.
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U. Warranty of Ability to Perform:
Grantee warrants that, to the best of its knowledge, there is no pending or threatened action,
proceeding, or investigation, or any other legal or financial condition, that would in any way
prohibit, restrain, or diminish Grantee's ability to satisfy its Agreement obligations. Grantee
warrants that neither it nor any affiliate is currently on the convicted vendor list maintained
pursuant to section 287.133, F.S., or on any similar list maintained by any other state or the
federal government. Grantee shall immediately notify DEO in writing if its ability to perform is
compromised in any manner during the term of the Agreement.
V. Patents, Copyrights, and Royalties:
1. Pursuant to section 286.021, F.S., if any discovery or invention arises or is developed in the
course or as a result of work or services performed with funds from this Agreement,
Grantee shall refer the discovery or invention to DEO who will refer it to the Department of
State to determine whether patent protection will be sought in the name of the State of
Florida. Any and all patent rights accruing under or in connection with the performance of
the Agreement are hereby reserved to the State of Florida. The rights to any invention
resulting from this Agreement that is for the performance of experimental, developmental,
or research work are governed by 37 CFR Part 401 and any of its implementing regulations
as applicable.
2. Where activities supported by this Agreement produce original writings, sound recordings,.
pictorial reproductions, drawings or other graphic representations and works of any similar
nature, DEO has the right to use, duplicate, and disclose such materials in whole or in part,
in any manner, for any purpose whatsoever and to allow others acting on behalf of DEO to
do so. In the event that any books, manuals, films, websites, web elements, electronic
information, or other copyrightable materials are produced Grantee shall notify DEO. Any
and all copyrights accruing under or in connection with the performance funded by this
Agreement are hereby reserved to the State of Florida.
3. In accordance with the provisions of section 1004.23, F.S,, a State University is authorized in
its own name to perform all things necessary to secure letters of patent, copyrights, and
trademarks on any works it produces. Any action taken by the university in securing or
exploiting such trademarks, copyrights, or patents shall, within thirty (30) days, be reported.
in writing by the president of the university to the Department of State in accordance with
section 1004.23(6), F.S.
W. Independent Contractor Status:
In Grantee's performance of its duties and responsibilities under this Agreement, it is mutually
understood and agreed that Grantee is at all times acting and performing as an independent
Contractor. DEO shall neither have nor exercise any control or direction over the methods by
which Grantee shall perform its work and functions other than as provided herein. Nothing in
this Agreement is intended to or shall be deemed to constitute a partnership or joint venture
between the Parties.
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1. Except where Grantee is a state agency, Grantee, its officers, agents, employees,
subcontractors, or assignees, in performance of this Agreement shall act in the capacity of
an independent Contractor and not as an officer, employee, or agent of the State of Florida.
Nor shall Grantee represent to others that, as Grantee, it has the authority to bind DEO
unless specifically authorized to do so.
2. Except where Grantee is a state agency, neither Grantee, nor its officers, agents, employees,
subcontractors, or assignees are entitled to state retirement or state leave benefits, or to
any other compensation of state employment as a result of performing the duties and
obligations of this Agreement.
3. Grantee agrees to take such actions as may be necessary to ensure that each subcontractor
will be deemed to be an independent contractor and will not be considered or permitted to
be an agent, servant, joint venturer, or partner of the State of Florida.
4. Unless justified by Grantee, and agreed to by DEO in Attachment 1, Scope of Work, DEO will
not furnish services of support (e.g., office space, office supplies, telephone service,
secretarial, or clerical support) to Grantee or its subcontractor or assignee.
5. DEO shall not be responsible for withholding taxes with respect to Grantee's compensation
hereunder. Grantee shall have no claim against DEO for vacation pay, sick leave, retirement
benefits, social security, workers' compensation, health or disability benefits, reemployment
assistance benefits, or employee benefits of any kind. Grantee shall ensure that its
employees, subcontractors, and other agents, receive benefits and necessary insurance
(health, workers' compensation, reemployment assistance benefits) from an employer other
than the State of Florida.
6. Grantee, at all times during the Agreement, must comply with the reporting and
Reemployment Assistance contribution payment requirements of chapter 443, F.S.
X. Electronic Funds Transfer:
Grantee agrees to enroll in Electronic Funds Transfer (EFT), offered by the State's Chief Financial
Officer within thirty (30) days of the date the last Party has signed this Agreement. Copies of the
Authorization form and a sample blank enrollment letter can be found on the vendor instruction
page at:
http://www.fldfs.com/aadir/direct deposit web/Vendors.htm
Questions should be directed to the EFT Section at (850) 413-5517. Once enrolled, invoice
payments will be made by EFT.
II. GRANTEE AND DEO AGREE:
A. Renegotiation or Modification:
The Parties agree to renegotiate this Agreement if federal and/or state revisions of any
applicable laws or regulations make changes to this Agreement necessary. In addition to
changes necessitated by law, DEO may at any time, with written notice to Grantee, make
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changes within the general scope of this Agreement. Such changes may include modification of
the requirements, changes to processing procedures, or other changes as decided by DEO. Any
investigation necessary to determine the impact of the change shall be the responsibility of
Grantee. Modifications of provisions of this Agreement shall only be valid when they have been
reduced to writing and duly signed and dated by all Parties.
B. Time is of the Essence:
Time is of the essence regarding the performance obligations set forth in this Agreement. Any
additional deadlines for performance for Grantee's obligation to timely provide deliverables
under this Agreement including but not limited to timely submittal of reports, are contained in
Attachment 1, Scope of Work.
C. Termination:
10 Termination Due to the Lack of Funds:
In the event funds to finance this Agreement become unavailable or if federal or state funds
upon which this Agreement is dependent are withdrawn or redirected, DEO may terminate
this Agreement upon no less than twenty-four (24) hour notice in writing to Grantee. DEO
shall be the final authority as to the availability of funds and will not reallocate funds
earmarked for this Agreement to another program thus causing "lack of funds." In the
event of termination of this Agreement under this provision, Grantee will be compensated
for any work satisfactorily completed prior to notification of termination.
2. Termination for Cause:
DEO may terminate the Agreement if Grantee fails to: (1) deliver the services within the
time specified in the Agreement or any extension; (2) maintain adequate progress, thus
endangering performance of the Agreement; (3) honor any term of the Agreement; or (4)
abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C.,
governs the procedure and consequences of default. Grantee shall continue to perform any
work not terminated. The rights and remedies of DEO in this clause are in addition to any
other rights and remedies provided by law or under the Agreement. Grantee shall not be
entitled to recover any cancellation charges or lost profits.
3. Termination for Convenience:
DEO, by written notice to Grantee, may terminate this Agreement in whole or in part when
DEO determines in its sole discretion that it is in the State's interest to do so. Grantee shall
not furnish any product after it receives the notice of termination, except as necessary to
complete the continued portion of the Agreement, if any. Grantee shall not be entitled to
recover any cancellation charges or lost profits.
D. Dispute Resolution:
Unless otherwise stated in Attachment 1, Scope of Work, disputes concerning the performance
of the Agreement shall be decided by DEO, who shall reduce the decision to writing and serve a
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copy on Grantee. The decision shall be final and conclusive unless within twenty-one (21) days
from the date of receipt, Grantee files with DEO a petition for administrative hearing. DEO's
final order on the petition shall be final, subject to any right of Grantee to judicial review
pursuant to chapter 120.68, F.S. Exhaustion of administrative remedies is an absolute condition
precedent to Grantee'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, F.S.
E. Indemnification (NOTE: If Grantee is a state agency or subdivision, as defined in section
768.28(2), F.S., pursuant to section 768,28(19), F.S., neither Party indemnifies nor insures or
assumes any liability for the other Party for the other Patty's negligence):
1. Grantee shall be fully liable for the actions of its agents, employees, partners, or
subcontractors and shall fully indemnify, defend, and hold harmless the State and DEO, and
their officers, agents, and employees, from suits, actions, damages, and costs of every name
and description, including attorneys' fees, arising from or relating to personal injury and
damage to real or personal tangible property alleged to be caused in whole or in part by
Grantee, its agents, employees, partners, or subcontractors, provided, however, that
Grantee shall not indemnify for that portion of any loss or damages proximately caused by
the negligent act or omission of the State or DEO.
2. Further, Grantee shall fully indemnify, defend, and hold harmless the State and DEO from
any suits, actions, damages, and costs of every name and description, including attorneys'
fees, arising from or relating to violation or infringement of a trademark, copyright, patent,
trade secret or intellectual property right, provided, however, that the foregoing obligation
shall not apply to DEO's misuse or modification of Grantee's products or DEO's operation or
use of Grantee's products in a manner not contemplated by the Agreement or the purchase
order. If any product is the subject of an infringement suit, or in Grantee's opinion is likely
to become the subject of such a suit, Grantee may at its sole expense procure for DEO the
right to continue using the product or to modify it to become non -infringing. If Grantee is
not reasonably able to modify or otherwise secure DEO the right to continue using the
product, Grantee shall remove the product and refund DEO the amounts paid in excess of a
reasonable rental for past use. DEO shall not be liable for any royalties.
3. Grantee's obligations under the preceding two paragraphs with respect to any legal action
are contingent upon the State or DEO giving Grantee (1) written notice of any action or
threatened action, (2) the opportunity to take over and settle or defend any such action at
Grantee's sole expense, and (3) assistance in defending the action at Grantee's sole
expense. Grantee shall not be liable for any cost, expense, or compromise incurred or made
by the State or DEO in any legal action without Grantee's prior written consent, which shall
not be unreasonably withheld.
F. Limitation of Liability:
For all claims against Grantee under this Agreement, and regardless of the basis on which the
claim is made, Grantee's liability under this Agreement for direct damages shall be limited to the
greater of $100,000 or the dollar amount of this Agreement. This limitation shall not apply to
claims arising under the Indemnity paragraphs contained in this Agreement.
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Unless otherwise specifically enumerated in the Agreement or in the purchase order, no Party
shall be liable to another for special, indirect, punitive, or consequential damages, including lost
data or records (unless the Agreement or purchase order requires Grantee to back-up data or
records), even if the Party has been advised that such damages are possible. No Party shall be
liable for lost profits, lost revenue, or lost institutional operating savings. The State and DEO
may, in addition to other remedies available to them at law or equity and upon notice to
Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any
claim for damages, penalties, costs and the like asserted by or against them. The State may set
off any liability or other obligation of Grantee or its affiliates to the State against any payments
due Grantee under any Agreement with the State.
G. Force Majeure and Notice of Delay from Force Majeure:
Neither Party shall be liable to the other for any delay or failure to perform under this
Agreement if such delay or failure is neither the fault nor the negligence of the Party or its
employees or agents and the delay is due directly to acts of God, wars, acts of public enemies,
strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any of the
foregoing that affects subcontractors or suppliers if no alternate source of supply is available.
However, in the event of delay from the foregoing causes, the Party shall take all reasonable
measures to mitigate any and all resulting delay or disruption in the Party's performance
obligation under this Agreement. If the delay is excusable under this paragraph, the delay will
not result in any additional charge or cost under the Agreement to either Party. In the case of
any delay Grantee believes is excusable under this paragraph, Grantee shall notify DEO in
writing of the delay or potential delay and describe the cause of the delay either: (1) within ten
(10) calendar days after the cause that creates or will create the delay first arose, if Grantee
could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days
after the date Grantee first had reason to believe that a delay could result, if the delay is not
reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE GRANTEE'S SOLE REMEDY OR
EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a
condition precedent to such remedy. DEO, in its sole discretion, will determine if the delay is
excusable under this paragraph and will notify Grantee of its decision in writing. No claim for
damages, other than for an extension of time, shall be asserted against DEO. Grantee shall not
be entitled to an increase in the Agreement price or payment of any kind from DEO for direct,
indirect, consequential, impact, or other costs, expenses or damages, including but not limited
to costs of acceleration or inefficiency arising because of delay, disruption, interference, or
hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in
part, due to any of the causes described in this paragraph, after the causes have ceased to exist,
Grantee shall perform at no increased cost, unless DEO determines, in its sole discretion, that
the delay will significantly impair the value of the Agreement to DEO or the State, in which case,
DEO may do any or all of the following: (1) accept allocated performance or deliveries from
Grantee, provided that Grantee grants preferential treatment to DEO with respect to products
or services subjected to allocation; (2) purchase from other sources (without recourse to and by
Grantee for the related costs and expenses) to replace all or part of the products or services that
are the subject of the delay, which purchases may be deducted from the Agreement quantity; or
(3) terminate the Agreement in whole or in part.
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H. Severability:
If any provision, in whole or in part, of this Agreement is held to be void or unenforceable by a
court of competent jurisdiction, that provision shall be enforced only to the extent that it is not
in violation of law or is not otherwise unenforceable, and all other provisions remain in full force
and effect.
I. Authority of Grantee's Signatory:
Upon execution, Grantee shall return the executed copies of this Agreement in accordance with
the instructions provided by DEO along with documentation ensuring that the below signatory
has authority to bind Grantee to this Agreement as of the date of execution. Documentation
may be in the form of a legal opinion from the Grantee's attorney, or other reliable
documentation demonstrating such authority, and is hereby incorporated by reference. DEO
may, at its discretion, request additional documentation related to the below signatory's
authority to bind Grantee to this Agreement.
J. Execution in Counterparts:
This Agreement may be executed in counterparts, each of which shall be an original and all of
which shall constitute but one and the same instrument.
K. Contact Information for Grantee and DEO Contacts:
Grantee's Payee:
Grantee's Agreement Manager:
City of Miami
Wendy Jaram illo, Public Relations Agent
444 SW 2nd Avenue
444 SW 2nd Avenue
Miami FL 33130
Miami, FL 33130
Phone No: 305-416-1280
Phone No: 305-416-1284
Fax No: 305-416-2153
Fax No: 305-416-2153
www,miamigov.com
wjaramillo@miamigov.com
DEO's Agreement Manager:
Demetris Thomas
107 E Madison Street
Tallahassee Florida 32399
Phone No: 850-717-8473
Fax No: No 850-717-8522
Thomas.Demetris@deo.myflorida.com
In the event that any of the information provided in Section II.K. above changes, including the
designation of a new Agreement Manager, after the execution of this Agreement, the Party
making such change will notify all other Parties in writing of such change. Such changes shall
not require a formal amendment to the Agreement.
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L. Notices:
The contact information provided in accordance with Section II.K. above shall be used by the
Parties for all communications under this Agreement. Where the term "written notice" is used
to specify a notice requirement herein, said notice shall be deemed to have been given (i) when
personally delivered; (ii) when transmitted via facsimile with confirmation of receipt or email
with confirmation of receipt 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 prepaid to a recognized overnight delivery service; or (iv) the third business day
following the day on which the same is sent by certified or registered mail, postage prepaid,
with return receipt.
M. Attachments and Exhibits: Attached to and made part of this Agreement are the following
Attachments and/or Exhibits, each of which is incorporated into, and is an integral part of, this
Agreement:
• Attachment 1: Scope of Work
• Attachment 2 and Exhibit 1 to Attachment 2: Audit Requirements
• Attachment 3: Audit Compliance Certification
- Remainder of Page Intentionally Left Blank
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N. Execution:
I have read the above Agreement and the attachments and exhibits thereto and understand
each section and paragraph.
IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and in the
attachments hereto, the Parties have caused to be executed this Agreement by their undersigned
officials duly authorized.
DEPARTMENT OF ECONOMIC OPPORTUNITY THE CITY OF MIAMI, FLORIDA A MUNICIPAL
CORPORATION OF THE STATE OF FLORIDA
By By
Title
Signature Signature
Dean Izzo
Chief of staff
Title
Date Date
Approved as to form and legal sufficiency, subject only
to full and proper execution by the Parties.
OFFICE OF GENERAL COUNSEL DEPARTMENT
OF ECONOMIC OPPORTUNITY
Approved Date:
Version date: 04/14/2016
Daniel J. Alfonso
City Manager
By
Signature
Victoria Mendez
Title City Attorney
Date
By
Signature
Todd Hannon
Title City Clerk
Date
- Remainder of Page Intentionally Left Blank -
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Attachment 1
SCOPE OF WORK
Project Description: For State Fiscal Year 2016-2017, the Florida Legislature appropriated,
seven hundred fifty thousand dollars ($750,000) in Specific Appropriation line item 2216,
$500,000 from the State Economic Enhancement and Development Trust Fund (SEED) and
$250,000 from the General Revenue Fund to the City of Miami (Grantee) for public
infrastructure improvements within the Miami Design District (Project).
The Project Area is the area along NE 41st Street between NE 1st Avenue and NE 2nd Avenue.
DEO shall reimburse all allowable and verifiable expenditures for Tasks identified in Section 4,
Deliverables, for up to $750,000.00 for public infrastructure improvements within the specified
Project Area, contingent upon Grantee satisfying the match requirements stated herein.
The state contribution is contingent upon Grantee and/or Miami -Dade County providing a fifty
percent (50%) match of three hundred seven five thousand dollars ($375,000) in either the form
of a cash contribution or a capital project that benefits the area. DEO has no duty to reimburse
Grantee for any costs, unless Grantee has satisfied the match requirements stated in the
General Appropriations Act, in DEO's reasonable discretion.
2. Grantee Responsibilities:
Grantee shall:
A. Perform the Tasks as defined in the Agreement and this Scope of Work.
B. Provide documentation for all work associated with the Project, including, but not
necessarily limited to, copies of all plans, designs, and permits obtained or required to
be obtained in order to complete the Project.
C. Complete improvements to the Project Area identified by the City, which consist of:
1. Roadway utilities, including drainage, water, sanitary, and gas in the right of way
2. Pavers, which include concrete pavers as a permanent surface on sidewalks
3. Street light fixtures, signals, and signage
4. Landscaping and irrigation, and
5. Site amenities, including bike racks and trash cans, in the public right of way.
D. Comply with its competitive procurement requirements when subcontracting for
services under this Agreement.
E. During the term of this Agreement and to the extent required by law, the Grantee shall
perform in accordance with the provisions of Chapter 255, F.S.
F. Provide proof of a 50% match from either or both the City of Miami and Miami -Dade
County, as required by Specific Appropriation 2216.
G. Sumbit all reports as required in the Agreement and this Scope of Work.
H. Submit invoices as required in the Agreement and this Scope of Work.
3. DEO's Responsibilities: DEO shall monitor progress, review reports, conduct site visits as
determined necessary by DEO, and process payments to Grantee in accordance with state law.
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Version date: 04/14/2016
4. Deliverables:
Grantee agrees to perform the following as specified:
Deliverable — Infrastructure improvements for Miami Design District along NE 41st Street between NE 1st
Avenue and NE 2nd Avenue (Project Area).
Tasks
Performance Measure
Financial Consequences
Grantee shall complete the
infrastructure improvements as
detailed in Section 2 of this Scope
of Work.
Grantee may be allowed
reimbursement upon 100%
completion of the Deliverable, as
evidenced by submission to, and
approval by DEO of the following:
1. Invoice package as defined in
Section 5 of this Scope of Work.
Failure to complete this
Deliverable in accordance with
the Agreement and this Scope
of Work by the end of the
Agreement Period shall result
in non-payment of this
Deliverable.
Total Not to Exceed - $750,000.00
5. Invoice Submittal and Payment Schedule:
DEO agrees to disburse funds under this Agreement in accordance with the following schedule
in the amount identified per deliverable in Section 4 above. The deliverable amount specified
does not establish the value of the deliverable.
As Grantee will be procuring the services of a subcontractor(s) to complete this Project, the
exact price of each Task is not yet known therefore the Project Budget, kept on file with DEO's
Agreement Manager for this Agreement, is an estimate only inteded to provide a guide to what
is a reasonable cost and estimated quantity for Tasks, and does not establish the value of the
Task. In accordance with Section I.F.11, Funding Requirements of Section 215.971, F.S., of this
Agreement, Grantee's entitlement to retain funds paid by DEO is dependent upon the amount
of allowable costs incurred and expended by Grantee in carrying out the Project.
Grantee shall submit one (1) invoice package, and shall request reimbursement only upon 100%
completion of the Deliverable identified in Section 4 of this Scope of Work.
A. Grantee's invoice package shall include a cover letter on Grantee's letterhead signed by
Grantee's Agreement Manager certifying that all costs:
i. Are specifically for the Project represented to the state in the budget appropriation.
ii. Were incurred after June 30, 2016 and before July 1, 2017.
iii. Are for one or more of the construction components. Documentation shall include:
a. Proof of payment for related Project costs in the form of a copy of the
cancelled check, electronic transfer or, a copy of a check and the bank
statement highlighting the cancelled check;
b. Approved and processed AIA Payment Application(s) with Schedule of Values
c. Provide proof of match, which shows in DEO's reasonable discretion
$375,000.00 in either the form of cash contribution or a capital project that
benefits the Project Area;
d. Invoices for all work associated with the Deliverable, paid by Grantee (see
Section 5.B for contractor invoice requirements);
e. Before and after photographs of the work site;
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f. Grantee's invoices shall include the date, period in which work was
performed, amount of reimbursement, and percent of work completed to
date; and
g. A certification by a licensed engineer using AIA forms G702 and G703, or
their substantive equivalents, certifying that the project is complete.
B. All documentation necessary to support payment requests must be submitted with
Grantee's invoice, as described in Section I.G. of the Agreement, for DEO's review. All
supporting documents must:
i. be on company letterhead with contractors name and address;
ii. include a date;
iii. invoice number;
iv. include period of performance;
v. description of work performed;
vi. include unit cost and quantity; and
vii. when applicable, include a statement from a licensed Professional certifying that the
work for which reimbursement is sought is complete.
C. DEO may require any other information from Grantee that DEO deems necessary to verify
that the services have been rendered under the Agreement.
6. Reporting:
Monthly: Grantee shall report on a monthly basis all progress relating to the tasks identified in
Section 4. Monthly reports are due to DEO no later than 30 days after the end of each quarter
of the program year and shall be sent each month until submission of the administrative close-
out report.
The following documents shall be submitted with the monthly report:
a. Summary of Project progress, indicating percentage of completion of each task
identified in Section 4, and providing supporting documentation from subcontractor and
including copies of permits, inspections, and other certifications to support progress.
Summary shall also include any issues or events occurring which affect the ability of the
Grantee to meet the terms of this Agreement;
b. Photographs of tasks in progress;
c. Copies of any subcontracts; and
d. A certification by a licensed engineer using AIA forms G702 and G703, or their
substantive equivalents, certifying what portion of the project is complete.
Close-out Report: No later than 60 days after the Agreement ends or is terminated,. Grantee
shall provide copies of all final certifications, paid invoices, and photographs to document
completed work.
DEO may require any other information from Grantee that DEO deems necessary to verify that
the services have been rendered under the Agreement.
7. Return on Investment:
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Grantee was required to provide, on or before July 31, 2016, an initial report to the Executive
Office of the Governor Office of Policy and Budget (EOG/OPB) identifying actual returns on
investment by fiscal year for state funding previously received (if applicable), as well as
projected positive returns the state will receive by providing Grantee funding through this
Agreement.
a. Beginning at the end of the first full quarter following execution of this Agreement, Grantee
shall provide quarterly update reports directly to EOG/OPB documenting the positive return
on investment to the state that results from the Grantee's project and its use of monies
provided under this Agreement.
b. Quarterly update reports shall be provided to EOG/OPB within 30 days after the end of each
quarter thereafter until Grantee is instructed by EOG/OPB that no further reports are
needed.
c. All reports shall be submitted to Jessica,Doyle@laspbs.state.fl.us, and a copy shall also be
submitted to DEO's Agreement Manager.
8. Financial Consequences for Failure to Timely and Satisfactorily Perform:
Failure to complete all deliverables in accordance with the requirements of this Agreement, and
in particular, as specified above in Section 4, Deliverables, will result in assessment by DEO of
the specified financial consequences. If applicable, should the Parties agree to a corrective
action plan, the plan shall specify the applicable financial consequences to be applied after the
effective date of the corrective action plan.
This provision for financial consequences shall in no manner affect DEO's right to terminate the
Agreement as provided elsewhere in DEO's Core Agreement.
9. Notification of Instances of Fraud:
All instances known or suspected by Grantee of Grantee operational fraud or criminal activities
shall be reported to DEO's Agreement Manager in writing within twenty-four (24) chronological
hours.
10. Grantee's Responsibilities upon Termination:
If DEO issues a Notice of Termination to Grantee, except as otherwise specified by DEO in that
notice, the Grantee shall:
a. Stop work under this Agreement on the date and to the extent specified in the notice.
b. Complete performance of such part of the work as shall not have been terminated by DEO.
c. Take such action as may be necessary, or as DEO may specify, to protect and preserve any
property which is in the possession of Grantee and in which DEO has or may acquire an
interest.
d. Upon the effective date of termination of this Agreement, Grantee shall transfer, assign, and
make available to the DEO all property and materials belonging to DEO. No extra
compensation will be paid to Grantee for its services in connection with such transfer or
assignment.
11. Non -Discrimination:
Grantee shall not discriminate unlawfully against any individual employed in the performance of
this Agreement because of race, religion, color, sex, physical handicap unrelated to such
Page 27 of 35
Version date: 04/14/2016
person's ability to engage in this work, national origin, ancestry, or age. Grantee shall provide a
harassment -free workplace, with any allegation of harassment to be given priority attention and
action.
12. Disposition of Project Property:
a. Pursuant to Section 1.P.7. of this Agreement, upon termination of the Agreement period,
Grantee is authorized to retain ownership of any nonexpendable property purchased under
this Agreement; however, Grantee hereby grants to DEO a right of first refusal in all such
property prior to disposition of any such property during its depreciable life, in accordance
with the depreciation schedule in use by Grantee, Grantee shall provide written notice of
any such planned disposition and await DEO's response prior to disposing of the property.
"Disposition" as used herein, shall include, but is not limited to, Grantee no longer using the
nonexpendable property for the uses authorized herein; the sale, exchange, transfer, trade-
in, or disposal of any such nonexpendable property. DEO, in its sole discretion, may require
Grantee to refund to DEO the fair market value of the nonexpendable property at the time
of disposition rather than taking possession of the nonexpendable property.
b. Grantee shall provide advance written notification to DEO, if during the five (5) year period
following the termination of the Agreement period, Grantee proposes to take any action
that will impact its ownership of the Project property or modify the use of the Project
property from the purposes authorized herein. If either of these situations arise, DEO shall
have the right, with its sole discretion, to demand that Grantee reimburse DEO for part or all
of the funding provided to Grantee under this Agreement.
c. Upon termination of the Agreement period, Grantee shall be authorized to retain ownership
of the improvements to real property set forth in this Agreement in accordance with the
following:
i. Grantee is authorized to retain ownership of the improvements to real property so
long as:
1. Grantee is not sold, merged or acquired;
2. The real property subject to the improvements is owned by Grantee; and
3. The real property subject to the improvements is used for the purposes
provided in this Agreement.
ii. If within five (5) years of the termination of this Agreement, Grantee is unable to
satisfy the requirements stated in (i) above, Grantee shall notify DEO in writing of
the circumstances that will result in the deficiency upon learning of it, but no later
than thirty (30) days prior to the deficiency occurring. In such event, DEO shall have
the right, within its sole discretion, to demand reimbursement of part or all of the
funding provided to Grantee under this Agreement.
- End of Attachment 1 (Scope of Work) -
Page 28 of 35
Version date: 04/14/2016
Attachment 2
AUDIT REQUIREMENTS
The administration of resources awarded by DEO to the recipient may be subject to audits and/or
monitoring by DEO as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site
visits by DEO staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other
procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by DEO. In the event DEO determines that a
limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional
instructions provided by DEO staff to the recipient regarding such audit. The recipient further agrees to
comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Chief Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as
defined in OMB CircularA-133, as revised,
1. In the event that the recipient expends $300,000 ($500,000 for fiscal years ending after
December 31, 2003) or more in Federal awards in its fiscal year, the recipient must have a single
or program -specific audit conducted in accordance with the provisions of OMB Circular A-133,
as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through DEO by
this agreement. In determining the Federal awards expended in its fiscal year, the recipient
shall consider all sources of Federal awards, including Federal resources received from DEO. 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 the recipient conducted
by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will
meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall
fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB
Circular A-133, as revised.
3. If the recipient expends less than $300,000 ($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 the recipient expends less
than $300,000 ($500,000 for 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.,
Page 29 of 35
Version date: 04/14/2016
the cost of such an audit must be paid from the recipient resources obtained from other than
Federal entities).
4. Title 2 CFR Part 200, entitled Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, also known as the Super Circular, supersedes and consolidates
the requirements of OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102 and A-133 and is
effective for Federal awards or increments of awards issued on or after December 26, 2014.
Please refer to 2 CFR Part 200 for revised definitions, reporting requirements and auditing
thresholds referenced in this attachment and agreement accordingly.
PART II: STATE FUNDED
This part is applicable if the recipient is a non -state entity as defined by Section 215.97(2), Florida
Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in
excess of $500,000 in any fiscal year of such recipient (for fiscal years ending September 30,
2004 or thereafter), 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 Department of
Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates
state financial assistance awarded through DEO 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 DEO, other state agencies,
and other non -state 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.
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(8), Florida Statutes.
This includes submission of a financial reporting package as defined by Section 215.97(2), Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year (for fiscal
years ending September 30, 2004 or thereafter), an audit conducted in accordance with the
provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient
expends less than $500,000 in state financial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statues, 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).
4. Additional information regarding the Florida Single Audit Act can be found at:
http://www.nayflorida.com/audgen/pages/fIsaa.htm
Page 30 of 35
Version date: 04/14/2016
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the
State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the
audit is not required by Federal or State laws and is not in conflict with other Federal or State
audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may
conduct or arrange for audits of state financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State
awarding agency must arrange for funding the full cost of such additional audits.)
INSERT ADDITIONAL AUDIT REQUIREMENTS, IF APPLICABLE, OTHERWISE TYPE "N/A"
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as
revised, and required by Part I of this agreement shall be submitted, when required by Section
.320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the
following:
A. DEO at each of the following addresses:
Electronic copies (preferred): Audit@deo.mvflorida.com
or
Paper (hard copy):
Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number
of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 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.
2. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the 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 DEO at each of the following addresses:
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Electronic copies (preferred): Audit@deo.myflorida.com
or
Paper (hard copy):
Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, FL. 32399-4126
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 each of the following:
A. DEO at each of the following addresses:
Electronic copies (preferred): Audit@deo.mvflorida.com
or
Paper (hard copy):
Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, FL 32399-1450
Email Address: flaudgen localgovt@aud.state.fl.us
4. Copies of reports or the management letter required by Part III of this agreement shall be
submitted by or on behalf of the recipient directly to:
A. DEO at each of the following addresses:
INSERT ADDRESS(ES), IF APPLICABLE, OTHERWISE TYPE "N/A"
5< Any reports, management letter, or other information required to be submitted to DEO
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.
Page 32 of 35
Version date: 04/14/2016
6. Recipients, when submitting financial reporting packages to DEO for audits done in accordance
with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (non-profit
and for -profit organizations), Rules of the Auditor General, should indicate the date that the
reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this
agreement for a period of five (5) years from the date the audit report is issued, or five (5) state
fiscal years after all reporting requirements are satisfied and final payments have been received,
whichever period is longer, and shall allow DEO, or its designee, CFO, or Auditor General access
to such records upon request. The recipient shall ensure that audit working papers are made
available to DEO, 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 DEO. 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 as identified above, whichever is longer.
- Remainder of Page Intentionally Left Blank -
Page 33 of 35
Version date: 04/14/2016
EXHIBIT 1 to Attachment 2
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
N/A
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
N/A
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
N/A
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
NOTE: If the resources awarded to the recipient represent more than one State project, provide the same
information shown below for each State project and show total state financial assistance awarded that is
subject to Section 215.97, Florida Statutes.
State Project
State Awarding Agency: Florida Department of Economic Opportunity
Catalog of State Financial Assistance Number: 40.012
Catalog of State Financial Assistance Title: Community Development Projects
Total State Award Amount: $750,000
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
1. Grantee shall comply with the program requirements described in the Catalog of State
Financial Assistance (CSFA) located at https://apps.fldfs.com/fsaa/catalog.aspx and the State
Projects Compliance Supplement located at https://apps.fldfs.com/fsaa/compliance.aspx.
2. The services and purposes for which the funds are to be used are identified in Attachment 1,
Scope of Work, of this Agreement.
NOTE: Title 2 CFR § 200.331, as revised, and Section 215.97(5), Florida Statutes, require that the
information about Federal Programs and State Projects included in Exhibit 1 be provided to the
recipient.
- Remainder of Page Intentionally Left Blank -
Page 34 of 35
Version date: 04/14/2016
Attachment 3
AUDIT COMPLIANCE CERTIFICATION
Grantee Name:
FEIN: Grantee's Fiscal Year:
Contact Person Name and Phone Number:
Contact Person Email Address:
1. Did Grantee expend state financial assistance, during its fiscal year, that it received under any
agreement (e.g., agreement, grant, memorandum of agreement, memorandum of understanding,
economic incentive award agreement, etc.) between Grantee and the Department of Economic
Opportunity (DEO)? Yes No
If the above answer is yes, also answer the following before proceeding to item 2:
Did Grantee expend $500,000 or more of state financial assistance (from DEO and all other sources of
state financial assistance combined) during its fiscal year? Yes No
If yes, Grantee certifies that it will timely comply with all applicable state single or project -specific
audit requirements of section 215.97, Florida Statutes, and the applicable rules of the Department of
Financial Services and the Auditor General.
2. Did Grantee expend federal awards, during its fiscal year that it received under any agreement (e,g.,
agreement, grant, memorandum of agreement, memorandum of understanding, economic incentive
award agreement, etc.) between Grantee and DEO? Yes No
If the above answer is yes, also answer the Following before proceeding to execution of this certification:
Did Grantee expend $750,000 or more in federal awards (from DEO and all other sources of federal
awards combined) during its fiscal year? — Yes No
If yes, Grantee certifies that it will timely comply with all applicable single or program -specific audit
requirements of 2 CFR 200, Subpart F, as revised.
By signing below, I certify, on behalf of Grantee, that the above representations for items 1 and 2 are
true and correct.
Signature of Authorized Representative Date
Printed Name of Authorized Representative Title of Authorized Representative
Page 35 of 35
Version date: 04/14/2016
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PROP. CATCH
BASIN CD
STOP, 18" RCP ! INV.EXIST. 8" SAN.
V. EL. 8 67±
STORM SEWER
PROP. INV.
EL. 7.00
PROP. 8" PVC
INV. EL. 5,80 (5)
PROP. 36" CAP 4-
INV. EL. 5.60 (E&W)
ROP. 10" PVC
STORM SEWER
INV. EL. 6.0 (N)
R0S5 SECTION
.ASIN CT) CATCH
N.E. 41ST St
T
EXIST. 12" WM
T.Q.P. 9.15±
PROP. 18" DIP
STORM SEWER
INV. EL 9.40 (SRN)
PROP. 6" PVC
STORM SEWER
INV. EL. 6.00
(N. W&N.E)
PROP. INV.
EL. 8.00
SCALE: 1" = 2' VERT.
1" = 20' HOR.
N C 55) TO MANHOL ECT)
415T STREET
108 E5f.
t2IN'. A IEDVF
RECORD OF REVISION
O
LLP
MIAMI DESIGN DISTRICT PHASE 3
N.E. 41ST STREET STORM SEWER PR
0
O
a
0
Q
0
AGE
ais
as rn4
13-026
PD-43
O
O 0 I
O) Z
+Q
o
0 0 0
. IIJ
¢N
0
0
zF
Q
Z
0 Z_
<0
o
0
NM= IMIM.
0
REMOVE EXIStING
CONCRETE PAVER
SIDEWALK
EMDVE EXISTING ASPNAIn
i CONC. SURFACE AND BAY t021W
'MILL EXISTING ASPHALTIC
CONCRETE SURFACE TO
DEPTH Cr # INC
IEXIEwNG CONCRETE PAJ
SID ALK TO REMAIN
--y
,„416 STREET
OVE&TIC CONCRETE
EXISTING
ACE AND BASE
REMOVE EXISTING
CATCH BASIN
OVE Emsn"C
CURB AND GUTTER
ENO vE MIDI;
MATCH LINE-STA.103+90.00
FOR CONTINUATION SEE DRAWING PD-1
fi-- _�_ ' -_ - -
/ \
0
CTLINE
REMOVE EXISTING
CONCRETE PAYER
SIDEWALK
REMOVE EXISTING
90EWAtH
CURBB D GU
a ao
HMO EmSDNG O H TIC- R-- -
D
REMOVE EXIS
CONCRETE P
SIDEWALK
\Ie
I`i
\I
\N
a.' --1�--
MATCH LINE-STA.101+54.60
FOR CONTINUATION SEE DRAWING PD-3
ALL 47 �J RL F7.f
DEMOLITION PLAN
}r'
CA -AI F: T -20.
NOTE:
IN THOSE AREAS WHERE THE E05TN0
CONCRETE PAVERS ARE 10 BE REMOVE➢,
THE PAVER UNITS SHALL BE ,UREA
FOR FUTURE RE -USE.
00C...F, O 11NO 0NRB
EXISTING CONCRETE
SIDE .
EMOY£ EXI• G STING CURB
AND GUTTER
DEWAtH TO REMAIN S g
REMOVECPE EXISTING
C N£
9DEWA H
EXISTING CATCH BASIN
TO REMAIN SA _
EXISTING ASPHALT
SURFACE AND BASE
maw
00 I REMOVE EXISTING
CATCH BA9N
EMOVE EXISTREMOVE EXSTNG
B- ONCRETE &D.A. - GUTTER
EMSRNG CONCRETE
SIDEWALK TO REMAIN
LEGEND
ASPHALTIC
A DEPTH of
1 RUMO Em3TMG 0.YHAL1C
FOR GEOMEIRy
FOR GRADING AfN
FOR SGNAGE AN
FOR EROSIONFOR INERASTRUC
AN
EXISTING PAVEMENT
(TO REMAIN)
REMOVE EXISTING
SIDEWALK
EXISTING SOEWALK (TO
REMAIN)
EXISTING PAVERS (T0
REMAIN)
PAVERS STING
0-B
.E. Mat STREF
106,72
E GMENU
1051.2
PD-TS
TO DRAW* P0-23
FR TO DRAMS PD-30
I
a
{ (ApHC .00,81 F
WALE
MIAMI DESIGN
s..., DEMOLITION
:ll
0
0
0
C]
LASE
EIS SET
- 13-026
- PD-2
NC ASPHALTIC SAWOUT
SURFACE TO A
DOSING CONCRETE
SIDEWALK TO REMAIN
REMOVE MATING
CONCRETE PAVER
PAVERS FORTORE FUTURE
RE -USE (TYPICAL) —
THE aIr OF MIAMI
ENT IS
1HE BASE LINEE OF
CONSTRUCTION
REAIAINAREMENT
BT+W
�T.... NIU ETSE%ISTiNC AR-MARC
CONCRETE SURFACE TO A
E 41 STREET
D MILLING
EADSTINC CURB AND
CUTTER TO REMAIN
GOISTING CONCRETER,. TO AIN
LEGEND
MILL EASING ASPHALTIC CONCRETE
SURFACE TO A DEPTH OF 3INCH
REMOVE OGRENG ASPHALTIC
SURFACE AND BASS
1 DUSTING PAVEMENT
(TO REMAIN)
RE
SIDMOVEWAEIX DUSTING
' DOSING SIDEWALK (TO
ETIS (TO
REMOVE EASIING
PAVERS
OR GEODE TRY PLAN REFER TO ORAIHNG PO -IT
FOR DRAWN G AND DRAINAGE PLAN REFER TO DRAW ° PO-20
FOR SIGNAGE AND PAVEMENT MARKINGS PLAN REFER TO DRAWING P0-2T
FOR INFRASTRUCTURE PLAN REFER TO MANWG INF-O
MAPHC% Bi F
RECORD OF RENSION
wr __nap!
1O6'" 13-026
'ROP08E0 1 1/2 INCH ASP
CONCRETE MIR, AN0 8
LIH+O= BASE
R AY
LIGHT POLE LOCATION
SYMBOL
STAIMN
OFFSET ( FACE CT POLE )
100+81.32
15.50` (N)
10142053
11.50' (N)
101+52.24
11.50' (N)
10)
�0
T02+05.28
15.50' (N)
—�<
102+45.00
11.50 (S)
12�}
102+94.58
15.50' (N)
( 13 }
103+34.08
11.52 (N)
7O3+JL53
11.52 (N)
0
104+21.32
15.50' (N)
>_!
104+58.97
I5.50' (N)
LIGHT POLE LOCATION
SoMoL
srATDN
OFSET ( FACE OF POLE
I04+9042
15.50' (N)
i�8
105+47.22
15.50'(N)
(18)
v
102+87.00
1530 (N)
<[u)
102+79.85
25.50' (5)
103+14.44
25.50' (S)
��zQi1i
R 22)
V
103+3208
22.00(5)
( 23)
103+7253
22W (5)
104+21.35
21.50 (5)
25
104+52.00
2t.50' (S)
28
105+01.85
21.50 (5)
MATCH LINE—STA.103+90.00
FOR CONTINUATION SEE DRAWING PD-8
r OP MIAMI
MONUMENT LINE Is
THE BASE LINE OF
CONSTRUCTION
MOM
MATCH LINE—STA.101+54.60
FOR CONTINUATION SEE DRAWING PD-10
NE4 0 STREET
E U
LIGHT POLE LOCATION
( FACE OP POLE )
PROPOSED
TYPE
CURB AND
05+90 94 5 OP
fMY'REli8
BASE E�
PAVER54CEWOux I
M115 6 ASPHALT
Ct#iCREIE OVEREAT
AVENU
SIA 05+28.29
w.s stet smEE
AMON WIN EXISTING
CURB ANO OUTTEN
ENO O" PROPOS@
CONCRETE PAYER
SIOMALI<
LEGEND
P4�MO�SEO 3!4' CDYCRETE
nG DONCREIE ovERur
sEo I§' ASPHALTC c rogrE sr.
(2—�3la- uFrs) Axo e' uMERoac eASE
EXISTING PAVEMENT TO REMAIN
PROPOSED CONCRETE SIDEWALK
EXISTING 9OEWALx TO REMAIN
PROPOSED CONCRETE PAUTSR
9DEWAlK
0 PROPOSED STREET UO T
PROPOSED PLANTER
PROPOSED BENCH
FOR GRADING AND DRAINAGE PLAN REFER TO DRAWING P0-16
FOR UONA(£ NM PAYMENT MARKMG PLANS REFER ID DRAWING PO-23
55064
FOR ER090N AND SEGMENTATION CONTROL PMN REFER TO ORAMNG P0-30
.OR INFRASTROCILW£ PLAN REFER TO DRAWING INF-2
GRAFHC FE" 41 F
....T-ffi
�IIIII
:II;IIIIII
LAGE
mr He4 FL -
GE
08,7,14
""" 13-026
OD CD — —
2n r
0., a
051
ASPHALTIC
7£ oveluo
WED 1/4 INCH ASPHALTIC
OVERLAY
1,IR„ip,Cra WE 0*1010
CURB AND CA1 I
ALIGN NM DIST.
DIAMOND PATTERN CONCRETE
PAVER SIREIVAL<MP.)
T. I
SIDER
TY OF MANI
MONUMENT UNE IS
THE BASE UNE OF
CONSTRUMION
4 THE
GEOMETRY PLAN
SCALE
NCTE.
ELE-IISE AS MUCH AS POSSIBLE STORED CONCRETE PAVERS
98+00
ME 41 st STREET
LI
E
011
LOOM OF ASPHALT Z
O'd
CONCRETE OVERLAy
SPAM <
0)111
0*00
z
z
<
Z
0
I—
< Z
0
CC
0
LEGEND
-
PROPOSED VAT CONCRETE
ASPHALTIC CONCREM OVERLAY
EXISTING PAVEMENT TO REMAIN
£PSIING SOMA. TO REMAIN
PROPOSED CONCRETE PAVER
SIDEWALK
PROPOSES S7REET LIGHT
PROPOSED PLANTER
FOR DEMOLITION PLAN REFER TO DRANNG P0-6
FOR GRAMM AND DRAINAGE PLAN REFER TO DRAPING PO-20
FOR SIDNAGE AND PAVEMENT MARKING PLANS REFER ID WANDS PD-27
FOR INFRASIRUCTITRE PLAN REFER TO CRAVING ADF-S
ORAPHC SCALE
WALE -MP
FCROMNEERS,INC,
'"lggeilifdm
glilr4t2
KIMLIBLL
RECORD Of REVISION
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CO
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cn
cn
0
C£
0
LLI
DACRA DEVELOPMENT CORPORATION
V.•
0
143
...
BO SET
13-026
PD-13
F—IF.F.25.00
.10222124
PROPOSED 230F.
OF 24- EXPILTRATION
TRENCH
0
0 eL
o
+
o <
10-
' • ',', ____._':1 'I 1111
1 I 1-'-'1'--- ----- l'-,----- -- 'I
1 ,; Illyaori- I 1 ; :i
FF. 14471: .4
F 14 57 E F.F. 14.331-14'
NV- 60 PROPMED a° PVC ', ,.. 2r .
1200 i—NON-DREEN ROOF I ps.,TrY6'a .,* !. °ROSE0 r PVC NON,DREEN PROPOSED 4- PVC ; P
11 DRAIN S.,2002S.F.), ;i 4 I I ROPOOF OMR (4.1170.S.E.) CREEK POO; DRAIN i ,.., ,
MVS.F
O )- PVC PIK EA.. FL9 ow ..,p PROPOS. 10-W, . -1-110102 , . OM Sa14151 .,,,ms,,,,,,,,],: ::::: p
iiii.i.
- ive GREEN 010.r- a- T nilASINNv. 6„. 0 13- RCP .„.(2.250
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LK. ; ; t.. INAll
D.
'1121Crie M-E
,2, -,,,,,-:• -,
JWIIIII'''''' 4' gliFt"'
MY I
MATCH LINE—STA. 103+90.00
FOR CONTINUATION SEE DRAWING PD-1 5
I PRopcsai
ID- MP
[KE:4-1.7141-?
-2414.;END RATON
2591450 PAVE14211E4
AMET AND MATCH EDBMINM
CURB MO CUTE AND
siDEWALK
; 7 i2i,7i„
rEE
06*11
141111"WIMICIMIrMt447 11"
2 ADJUST
tw&
Ntjr-a ''' '
-tr a ,,0.5 0 MB LF OF
111411011
'Iti. te3 PO.
i 1 itUniiirwrii%r ,14.1.P.2
1_122
=died sem ass emmEM imam
CUT OPSDNG
FRPE—,
ONSDND
PIM
CONNEcT Et
MIMING Pim
mAreli MST. INvERT
MISTING
BALLAST
/—RoCK
PEmovE mACED CONNEc TO
007011 OF TIM-NOM---''
sEcnoN OF PiPE DosTING RIPE
MsTALL MADDENS
AS REMIND)
A - pRomDE 501,0
9 - NMONSIRUCT ENE -IMAM. ENERGIE To mATCH EmsTENO
MANHOLE IN IN EXFILTRAT1ON TRENCH DETAIL
SCALE N.T.S.
2,620 BF
PLAZA
TT RANG P
F E
R ED AP P
0.800 S.
6 PROP
ID- D.L.
JADE
avolo
MATCH LINE—STA.101 + 54.60
FOR CONTINUATION SEE DRAWING PD-17
E.U6s,
4V -Z71FREI
GRADING AND DRAINAGE PLAN
SCALE r - 2tY
PR POLLUTION RETARDANT
pRoposm GoNcRETE
PAVER BOMAR
SIDEWALK CROSS SECTION
N.E. 41 st STREET ors
mEET AND mARD1
GRADE AT
EMEND FAIMING
CURB AND
pEoposEo coNcREEE
PAWN DOER.,
222222 22222,2 2A2222,
F.F.
ir
, FORM m
E! OPOSED EP PVC
ROOF DAMN
( BOO S.F.)
KM.
EMOVE MISTING
CATCH BASIN AND
ISE RCP
-A BMW
MAIM 2. EMS
\\\ MMHG CA
\\\ BASIN TO RE
mEET AND MAT.
EXISMIG SIDEWALK
—2'
525052516'EET 144111H 'lc DIP.
2
EXISMO BACK OR
BRNO 107 ir OF 30. ic.PEwALK
LTRAIION TRENCH
2- PVC MEDI
(MO SF.)
0. 0
MD IP
P PPE
ROPOSED 12-
PIPE
-.4.1.011.1 BONN
NM
SOWING MONNE
AGE NEM
=Eat loss=
LEGEND
115-
',REMOVE
PEST= co,
CAIM DAMN
AND IS- 57p0
MOM BUILDING
T ELEVATIMI
29001
1r RCP0.0,00
EL DOD
W. INV. EL 242
SW. KRA 6. D.74
pROPOSED TYPE .P-B. LATCH BASIN
PROPOSED TYPE 'F-S' 06001 BASIN
';,2v,7°.4sr,Aztrt.-.=-11—
=m= PROPOSED TYPE EDE CAT. BASIN
EMSDNO PAVEMENT TO RDIAIN PROPOSED MANHOLE
pROPOSEO DRAINAGE RELL wpm 0EIENTIM
PROPOSED CONDRETE MENA.
MISTING SIDEWALK TO RFAMIN
PROPOSED CONCRETE PAVER
SIDEWALK
PRI:POSED STREET UMT
PROPOSED PLANTER
E0)
161.1
E. 0
TANK
D. PROPOSED PLANTER DRAIN
PROPOSER STREET UMT
FOR MEMOUTON PLAN REM TO NAKANO PD-2
FOR GEOILETRT Pume RIEF-Di TO DRAvANG PO-2
MR SCRAM 422/ PAVBIENT MARKING PLANS REFER ID DRANNIC PD-22
FOR MOSCR AND SEDIMENTATION CONTROL PLAN REFER PO DRAWNG Pro -DC
FOR 21FRASTRUCTUR2 KAM REMR TO DRAVA.
SIDEWALK CROSS SECTION
N.E. 41 st STREET tore
CoasT;
fra
GRAPHC qr,11
SCALD,. DIr
FORDEE21E2,,E2
N EEJEE,TEE1E NON
DEREE UREA E31,2
NEEYEEEEEE172.
FAX pEE)17E-ZED5
7:E
RECORD OF PENSION
m
5
2'
11111111
0
EE
uJ
F-
04
0,
sp2
R
ELOND,
BO SET
13-026
PD-16
4 Sr'RE T
GRADING AND DRAINAGE PLAN
erel10 T - 20,
LEGEND
I03C9fGRETE OVERLAY
I 1
co
0
o 0_
0 0
d z
+
a, Et
a, 0
1— W
En u")
I z
I-LI 0
Z
I-
< z
0
Ll
PROPOSED 1t ASFITALTIC CONCRETE SURFACE
(2-1P11 LIFIS) AND W. UMEROOK BASE
COSTING PAVEMENT TO REMAIN
PROPOSED CONCRETE SIDEWAUt
EXISTNG SOM. TO RERAN
PROPOSED CONCRETE PAVER
SIDEWALK
10 DETEXITION PLAN REFER TO DRAWING PO-6
FOR GEOMETRY PLAN FOYER TO MARINO PD-I3
FOR NORM. AND PAVEMENT MARKING REFER TO DRAWING PD-27
FOR WINASTRUCTORE PLAN REFER TO DRANING INF-6
GRAPI-OC SCALE
upgmla.ax.
R(2fil417-EA72
FAXrA47KM
RECDRD FR' REVISION
ts;
5
SA1
orp
UJ
OD
0_
c)
62
D
UD
LU
0
DING AND DRAIN/
NKA ve.cr
.M0,a
• ELOHDI
LAGE
• BO.
13-026
-PD-20
'Ea$
CtL
ERN
PARCEL
FLIER
PAR%
CP:3i TO
6i+OG 102
PROVIDE le•-10' YELLOW
INERmOPPSTIC STRIPING AT
3D .agmo
41 ST EE
PnFkING
CRid�GIAt
I1 .1
PROVIDE
ANDERIANIIER
CT AT
AT
maim Amass maw
BOLLARDS DETAIL
HT.S
MATCH LINE-STA.103+90.00
FOR CONTINUATION SEE DRAWING PD-22
mom
STOPPING
II
STANDING
TOR AYSAY
20RE
MATCH LINE-STA.1O1+54.60
FOR CONTINUATION SEE DRAWING PD-24
0 10' YELLOW
1NEAMOPIAS11C STRIPING AT 30'
3N0?
0YVY 0E.
2VIa J4:$
9NN3
Rl 4C R
N=E 4(1 W STREET
SIGNAGE AND PAVEMENT MARKINGS PLAN
SCALE, r - 20y
CHEVRON PAVEMENT MARKING
(TYPICAL BOTH SIDES)
HIS
OYIDE 15' GF DOU
ASTI ERM�tRC
NOVIDE
sTRIPI�NCTE
LEGEND
PR=DSED g 650 1 IE
ASPNALRC CWlCRE1£ OVERLAY
PROPaiED i3• ASPHALPC DONCRETE SURFACE
\,. (2-31a• uFTsl AND a• uwERocx aa�
EXISTING PAVEMENT TO REMAIN
OPOSED CONCRETE SOMA.
. SOS11NG SOEWALH TO REMAIN
l 00OSED CONCREEE PAVER
8• PR3005ED SWEET u0HT
o PROPOSED PLANTER
FOR DEMOLITION RAN REFER TO DRAMG P0-2
FOR GEOME1RT PLAN REFER 10 DRAWING PD-9
FOR GRADING AND DRAINAGE PLAN REFER TO DRAWING PD-15
FOR EROSION AND SEDIMENTADON W.W.I. PLAN REFER 10 DRAPING PD-30
FOR NFFASiRcluND PUN REFER TO DRAWING NF-2
PAINTED ON FIRST ASPHALT uFT
G SnALL RE THERMOPLASTIC IXN SECOND AWHALT LIFT
I INNrs
GRAFM fY`S4
GDALE•P•ffi
FCRII EVERS,FC.
YtSAR Alt -0j9
'••L L. SIREN J72
. -
RECORD OF REVISION
set
DEVELOPMENT CORPORATIO
v
0
13-026
PD-23
MP% AT
30. 9.ACINO
o_
02 68
— _ _
4_<
37,f,00 95+09
-F 08+ 04 a
•
N.E. 41st STREET
7-7 7 • - ••0
`---PROVIDE AMBER/AMBER
REFLECTORS AT CY SPACING
6a.•
RO41OE ralove
INERMOPLASTO SIRIPINC AT
30. SPACING
mE 4m1Er
SIGNAGE AND PAVEMENT MARKINGS PLAN
SCALEt - 2d
NOTE:
STRIPING SHALL BE PAINTED ON FIRST ASPHALT LIFT
STRIPING SHALL eE e-teemoeLasec 044seam ASPHALT LOT
LEGEND
PROPOSED 3/4. CONCRETE
ASPHALTIC CONORE. OVERLAY
VI V)
C-1 Z
< z
0
0
LT-T2731;-,CLT;1-•;=1,11''"
SORTING PAVEMENT TO REMAIN
PROPOSED CONCRETE SLIEWALK
EMIR. SIDEWAUS TO RNAIN
PROPOSED CONCRETE PAVER
SIDEWALK
PROPOSED STREET LICHT
PROPOSED PLANTER
FOR DEMOLITON1 PLAN REFER TO DRAWRIG P0-5
FOR °EMORY PLAN REFER TO DRAWING P0-13
FOR GRAVING AND DRAINAGE PLAN RM. TO !DRAWING PO-20
FOR INFRASTRUCTURE KAN REM TO PRAWNS R4F-5
00
0
L,
O. TO 40'
CrIAPHG 00.441 84
FEEKIE-ERS.Nra.
44n
Fax:A005
RECORD OF RE43s1024
co
LU
CD
4444
01
< °
0_
O'
U)
(1)
LLI
0 I
.., DACRA DEVELOPMENT CORPORATION
°AA. l'aafa
13-026
PD-27
1011-00
N.E. 41Ist STREET
IPF = INLET PROTECTION FILTER
IPF
MATCH LINE-STA.103+90.Q0
FOR CONTINUATION SEE DRAWING PD-29
REPOSED 9LT
FENCE
S
10&+00
IPF
1D5+00
moan STARILRED
SIRUCTION ENTRANCE
GNAWING PD-Al
MOWN NnetiflE_GROSSO OMEN GPM.) IMSMIPM
MATCH LINE-STA.101+54.60
FOR CONTINUATION SEE DRAWING PD-31
LVOL� 4VN STREET
EROSION AND SEDIMENTATION CONTROL PLAN
arev Rp-2ty
EROSION CONTROL NOTE
PROVIDE INLET PROTECTION FILTERS IN ALL CATCH BASINS
2-PROVIDE 9LT FENCES AT THE BACK m EXISTING SOEWALK
IN ALL UNNAPROTED AREAS REFER TO DRAWING P0-37.
3.-DURING BUILDING o.o.ON MAINTAIN THE STRUCTURE WET
MINIMIZE SPREAD OF DUST.
4.-ONCE IRE BUILDING AND FLOOR HAVE BEEN
LT REMOVED PROVIDE 9FENCES ALONG
NG THE BACX OF SIDEWALK.
i-PROVIDE STABILia0 CONSTRUCTION ENTRANCE 03RA\fl.
SURFACE) TO REDUCE AMOUNT OF SEDIMENT TRACKED INTO
PAVED ROADWAYS ALSO PROVIDE TIRE WASHES AT ENTRANCE
TO CLEPN vEHiCtE nRES ANO UNDERCARRIAL;< REFER TO
LL NY MIIAPFIC
M�a( F
RECORD OF RE01SiON
mts
k0
R. LLGE
Nt -GSET
98,?(td
"""" 13-026
P D-30
REMOVE ENSTIRNG CONCRETE
PROSED CONCRETE
PAVEUER
REMOVE EXISTING CUR
AND GUM.
PROPOSED LURE NND
GUTTER
PRWGEeO ZI ASPHALTIC
CRETE SURFACE (2-3fk• uFl5)
PROPOSED
CURB AND GUTTER
REMOVE DOSSING
B:EE° CONCRETE
REMOVE EVISONG
ONC(ffTE SDE VALK
REMOVE EXISTING
CURB AND GUTTER
uu� E>aSTmG
ExGac BASE
PROPOSED CONCRETE
RENOV EXISTING CONCRETE
SOM
PA
aPOSED CONCRETE
VER .DEVORK
EXI.ND CURB AND GUTTER
RO'OSED CURB AND CUTTER
(POSED S• !UNFROCK BAY
EXISTING STMILIZED SUBGRADE TO RENA.
PROPOSED
CURB AND GUTTER
RENO. EXISTING
.BRB AND CUTTER
R.OVE OPSSING
UVE.00X BASE
PROPOSES/ B" UNFROCK
EXISTING STABNZED SURCRADETO REUAM
REHOYE EXISIPIC CONCRETE
EXISTING CURB AND GUTTER
tliElE SURFACE AND BASE
N.E. 41st STREET N.E. 41st STREET
PROPOSED CONDmON No. 1-NO 'BUMP -OUTS' PROPOSED CONDI11ON No. 3-'BUMP-OUTS' ON SOUTH SIDE
NTS NTS
REMOVE EXISTING ASPHALTIC
CONCRETE SURFACE AND BASE
REMOTE EXISTING
CURB AND GUTTER
PROPOSING UNEROCK BASE
ZED SOLIGRE.E TO REMAIN
PROPOSED CONCRETE
PAVER SOEWAIK
REMOVE EXISTING
AND GUTTER
REMOVE EASING ASPHa8G
CONCRETE SURFACE AND BASE
".CRDETEan Tt ASH+ G
SURFACE "`
U.S)
KRONE IIC ONNCR
SURASPETE
FACE
RENOVE CURB AND
TER
PROPOSED e• UNFROCK BASE
N.E. 41st STREET N.E. 41st STREET
PROPOSED CONDf11ON No. 2-'BUMP-OUTS' ON BOTH SIDES PROPC ED CONDITION No. 4-'BUMP-OUTS' ON NORTH SIDE
NTS NTS
RECORD OF REVISION
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