HomeMy WebLinkAbout25563AGREEMENT INFORMATION
AGREEMENT NUMBER
25563
NAME/TYPE OF AGREEMENT
STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES
DESCRIPTION
GRANT AGREEMENT/RENOVATION OF THE MIAMI FIRE
TRAINING CENTER/FILE ID: 14474/R-23-0434/MATTER ID: 23-
2155
EFFECTIVE DATE
March 26, 2025
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
3/26/2025
DATE RECEIVED FROM ISSUING
DEPT.
4/30/2025
NOTE
DOCUSIGN AGREEMENT BY EMAIL
CITY OF M IAM I
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Department of Fire Rescue
DEPT. CONTACT PERSON: Vishwani Ramlal-Camphell EXT.(305) 416-5465
NAME OF CONTRACTUAL PARTY/ENTITY: 2023 State Fire Marshall Grant - Fire Rescue Training Center
IS THIS AGREEMENT TO BE EXPEDITED/RUSH
TOTAL CONTRACT AMOUNT: S 1,661,000.00
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
® GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY:
❑ YES ®NO
FUNDING INVOLVED?DYES ❑ NO
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
PURPOSE OF ITEM (DETAILED SUMMARY/ADD ADDITIONAL PAGES IF NECESSARY): To accept grant
funds awarded to the Department of Fire -Rescue for renovation and hardening of its Fire Training Center.
COMMISSION APPROVAL DATE:09. / 28 / 2023 FILE ID: 14474 ENACTMENT NO: R-23-0434
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
March 21, 2025
PRINT: ROBER
108:24:gTEDT
SIGNATURE:
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SUBMITTED TO
RISK MANAGEMENT
March 21, 2025
PRINT: ANN-M!
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SIGNATURE:
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SUBMITTED TO
CITY ATTORNEY
March 21, 2025
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SIGNATURE:
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Matter ID# 23-2155
APPROVAL BY
ASSISTANT CITY MANAGER
PRINT:
SIGNATURE
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APPROVAL BY
DEPUTY CITY MANAGER
March 22, 2025
PRINT: NATASHA
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SIGNATURE:
COLEBROOK-WILLIAMS
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RECEIVED BY
CITY MANAGER
March 25, 2025
PRINT: ART
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SIGNATURE:
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SUBMITTED TO THE CITY CLERK
March 26, 2025
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PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY
THE CITY MANAGER
AGENDA ITEM SUMMARY FORM
File ID: #14474
Date: 08/16/2023
Commission Meeting Date: 09/28/2023
Requesting Department: Department of Fire -
Rescue
Sponsored By: Sabina Covo
District Impacted: All
Type: Resolution
Subject: Accepting Reimburstment Grant - Fire-RescueTraining Center
Purpose of Item:
A Resolution of the Miami City Commission accepting reimbursement grant funding
from the Florida Department of Financial Services, Division of the State Fire Marshal in
the amount of $1,661,000.00, with no matching funds required, to be utilized by the
City's Department of Fire -Rescue (Fire) for the renovation and hardening of Fire's Fire
Training Center.
Background of Item:
The City's Department of Fire -Rescue (Fire) applied for and was awarded grant funding
from the Florida Department of Financial Services, Division of the State Fire Marshal,
with no matching funds required of the City, to be utilized by Fire for the renovation and
hardening of its Fire Training Center
Budqet Impact Analysis
Item is Related to Revenue
Item is an Expenditure
Item is NOT funded by Bonds
Total Fiscal Impact:
Total Fiscal Impact $ 1,661,000.00
Start Up Capital Cost: $1,661,000.00
CIP Project No: 32000.181000.434000.0000.00000
Department of Fire -Rescue
Department of Fire -Rescue
Department of Fire -Rescue
Office of Management and Budget
Office of Management and Budget
Office of Management and Budget
City Manager's Office
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the Mayor
Ty McGann
Johnny Duran
Eloy Garcia
Carolina Aguila
Lai -wan McGinnis
Marie Gouin
Arthur Noriega V
Valentin J Alvarez
Juan Carlos Perez
Victoria Mendez
Maricarmen Lopez
Mayor's Office
Reviewed B
Fire Department Review
Fire Budget Review
Fire Chief Review
Budget Analyst Review
Budget Analyst Review
Budget Review
City Manager Review
Legislative Division Review
ACA Review
Approved Form and Correctness
Meeting
Unsigned by the Mayor
Completed
Completed
Completed
Skipped
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
08/16/2023 1:56 PM
08/17/2023 7:06 AM
08/17/2023 9:22 AM
08/18/2023 2:36 PM
08/24/2023 4:32 AM
08/25/2023 10:38 AM
08/25/2023 10:45 AM
08/25/2023 3:19 PM
09/19/2023 3:52 PM
09/19/2023 7:09 PM
09/28/2023 9:00 AM
10/06/2023 3:22 PM
Office of the City Clerk City Clerk's Office
Signed and Attested by the City Clerk Completed 10/06/2023 3:30 PM
Office of the City Clerk City Clerk's Office Rendered Completed 10/10/2023 10:47 AM
City of Miami
Legislation
Resolution
Enactment Number: R-23-0434
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14474 Final Action Date:9/28/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ESTABLISHING A NEW CAPITAL PROJECT TITLED, "2023 STATE FIRE MARSHAL
GRANT"; AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY
OF MIAMI ("CITY") AND FLORIDA DEPARTMENT OF FINANCIAL SERVICES,
DIVISION OF THE STATE FIRE MARSHAL, TO ACCEPT AND APPROPRIATE
GRANT FUNDS IN AN AMOUNT NOT TO EXCEED ONE MILLION, SIX HUNDRED
SIXTY ONE THOUSAND DOLLARS ($1,661,000.00), WITH NO MATCH FUNDS
FROM THE CITY, TO BE UTILIZED BY THE CITY'S DEPARTMENT OF FIRE -
RESCUE FOR THE RENOVATION AND HARDENING OF THE FIRE TRAINING
CENTER; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY
ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN
ORDER TO UPDATE THE CAPITAL PLAN, RELEVANT FINANCIAL CONTROLS AND
COMPUTER SYSTEMS IN CONNECTION THEREWITH, FOR PROJECT CLOSE-
OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN
CONNECTION HEREWITH; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS,
INCLUDING BUT NOT LIMITED TO, AMENDMENTS, EXTENSIONS, RENEWALS,
AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY,
FOR THE ACCEPTANCE AND ADMINISTRATION OF SAID FUNDS AND
COMPLIANCE WITH THE TERMS AND CONDITIONS.
WHEREAS, the City of Miami's ("City") Department of Fire -Rescue ("Fire") has been
awarded a grant from Florida Department of Financial Services, Division of the State Fire
Marshal in an amount not to exceed one million six hundred sixty one thousand dollars
($1,661,000.00) ("Grant Funds"), with no matching funds required of the City; and
WHEREAS, the Grant Funds shall be utilized for the renovation and hardening of Fire's
Fire Training Center ("FTC"), the scope of which includes the replacement of all doors and
windows with hurricane resistant materials, replacement of the emergency generators,
replacement of the roof, repair of the exterior stucco, and other necessary improvements
("Purpose"); and
WHEREAS, the FTC serves as the primary location for all Fire recruit and in-service
fireground training, the backup site for both Police and Fire 911 call centers, a family assistance
center during major incidents and disasters, the point of assembly for federal Urban Search And
Rescue team members preparing for deployment, and many other training related activities; and
WHEREAS, the Grant Funds shall serve to enhance the resilience of this critical City
facility from potential natural and/or man-made disasters;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The following new Capital Project is established, and resources are
appropriated as described below:
FUND TITLE:
RESOURCES:
APPROPRIATIONS:
"2023 State Fire Marshal Grant"
Florida Department of Financial Services, $1,661,000.00
Division of State Fire Marshal
$1,661,000.00
Section 3. The City Manager is authorized' to execute a grant agreement, in
substantially the attached form, between the City and the Florida Department Of Financial
Services, Division Of The State Fire Marshal, to accept and appropriate grant funds in an
amount not to exceed one million six hundred sixty one thousand dollars ($1,661,000.00), to be
utilized for the renovation and hardening of the Fire Training Center.
Section 4. Certain necessary actions by the City Manager and designated City officials
and departments made in order to update the Capital Plan, relevant financial controls and
computer systems in connection therewith, for project close-outs, and for grants and other
funding sources in progress in connection herewith are ratified, approved, and confirmed.
Section 5. The City Manager is further authorized' to negotiate and execute any and all
necessary documents, including but not limited to, amendments, extensions, renewals, and
modifications, all in forms acceptable to the City Attorney, for the acceptance and administration
of said funds and compliance with the terms and conditions.
Section 6. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 9/19/2023
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney including but not limited to those prescribed by applicable City Charter and City Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
DIVISION OF
`�- A STATE FIRE MARSHAL
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FLORIDA DEPARTMENT OF FINANCIAL SERVICES
June 26, 2023
City of Miami Department of Fire -Rescue
Re: Miami Fire -Rescue Fire Training Center Renovation
To Whom It May Concern,
On behalf of the Division of the State Fire Marshal, it is my privilege to inform you that the 2023
Florida Legislature has appropriated funds to support your project and/or equipment purchase.
This letter serves as your notice of award in the amount of $1,661,000. These grant funds are
available for reimbursement as early as July 1, 2023, once all requirements have been met.
Lauren Tingle is the assigned Contract Manager for your grant and will be your main point of
contact for all matters related to your grant agreement and reimbursement of funds. There are
several steps that must be completed before reimbursement can be issued, starting with
confirming receipt and acceptance of your award.
To accept this award, please confirm contact information with the included form and send to
Lauren.Tingle@myfloridaCFO.com. Once your form is received, an initial meeting will be
scheduled to discuss the scope of your project and next steps.
Congratulations, I look forward to working with you on this important project.
Sincerely,
/tf
JoAnne E. Rice, Director
Division of State Fire Marshal
FLORIDA DEPARTMENT OF FINANCIAL SERVICES
JoAnne E. Rice • Assistant Director
Division of State Fire Marshal
200 E. Gaines St. • Tallahassee, FL 32399-0340 • Tel. 850-413-3610 • Fax 850-922-1235
Email •joanne.rice@myfloridacfo.com
DIVISION OF
4 STATE FIRE MARSHAL
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FLORIDA DEPARTMENT OF FINANCIAL SERVICES
ATTACHMENT A
Contact Information
Grantee: City of Miami Department of Fire -Rescue
(Please confirm that this matches the name registered with the Department of State)
Federal ID #: 59-6000375
Mailing Address: 444 SW 2nd Avenue, 6th Floor
City, State, Zip: Miami, FL 33130
Physical Address: 444 SW 2nd Avenue, 6th Floor
City, State, Zip: Miami, FL 33130
Payee for Check
Name: City of Miami
Title: Erica T. Paschal -Darling, Finance Director
Phone: (305) 416-1328
Email: epaschal@miamigov.com
Grantee's Contract Manager
Name: Robert C. Hardy
Title: Assistant Fire Chief
Phone: (305) 416-5408
Email: rchardy@miamigov.com
All documents will be sent for signature via DocuSign.
If different than the Contract Manager, please list the designated signatory:
Name: Arthur Noriega V
Title: City Manager
Phone: (305) 250-5400
Email: Anoriega@miamigov.com
FUND TITLE: 2023 State Fire Marshal Grant
RESOURCES: Florida Department of Financial Services, $1,661,000.00
Divison of State Fire Marshal
APPROPRIATIONS: $1,661,000.00
Agreement # FM994
GRANT AGREEMENT
BETWEEN
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
AND
CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE
THIS GRANT AGREEMENT (Agreement) is made and entered into by and between the
Department of Financial Services (Department), an agency of the State of Florida (State), and City of Miami
(Grantee), and is effective as of the date last signed. The Department and the Grantee are sometimes referred
to herein individually as a "Party" or collectively as the "Parties."
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING
REPRESENTATIONS:
WHEREAS, the Department, through its Division of State Fire Marshal (Division), has the
authority, pursuant to a specific appropriation of the General Appropriations Act, to grant funds to the
Grantee; and
WHEREAS, the Grantee represents that it is fully qualified and eligible to receive these grant
funds to perform the tasks identified herein in accordance with the terms and conditions hereinafter set
forth.
NOW THEREFORE, the Depaitnient and the Grantee do mutually agree as follows:
A. Tasks and Performance Requirements:
In accordance with Line 2485A of the General Appropriations Act for the 2023-2024 State fiscal year, the
Grantee shall perform the tasks specified herein in accordance with the terms and conditions of this
Agreement, including its attachments and exhibits, which are incorporated by reference herein.
The funds shall be utilized to renovate the Miami Fire Training Center, and the performance requirements
are specifically described in Attachment 1, Statement of Work (herein referred to as the "SOW").
B. Incorporation of Laws, Rules, Regulations, and Policies:
The Parties shall comply with the applicable state and federal laws, rules, regulations, and policies,
including, but not limited to, those identified in this Agreement.
C. Performance Period:
The performance period for this Agreement begins on July 1, 2023, and ends after completion of all
deliverables, upon depletion of funding, or upon termination of funding, whichever occurs first, unless
terminated earlier in accordance with the terms of this Agreement (Performance Period). No renewals or
extensions of the Agreement are permitted.
Construction Grant Agreement
v2024.11.13 Page 1 of 14
D. Funding Requirements of Section 215.971(1), Florida Statutes (F.S.):
1. The Grantee may only expend funding under this Agreement for allowable costs resulting from
obligations incurred during the Performance Period.
2. The Grantee shall refund to the Department any balance of unobligated funds that was advanced or
paid to the Grantee.
3. The Grantee shall refund to the Department all funds received in excess of the amount to which the
Grantee or its subrecipients are entitled under the terms and conditions of this Agreement.
E. Agreement Payment and Funding Considerations:
1. Compensation. This is a cost reimbursement agreement. This Agreement shall not exceed
$1,661,000.00, and payment shall only be issued by the Department after acceptance of the
Grantee's performance as set forth by the terms and conditions of this Agreement. The State's and
the Department's performance and obligation to pay under this Agreement after the State fiscal
year referenced in Section A, above, is contingent upon the fixed capital outlay funding remaining
available for use by the Grantee for the purpose specified herein.
2. Payment Process. Subject to the terms and conditions established in this Agreement and the billing
procedures established by the Department, the Department agrees to pay the Grantee in accordance
with section 215.422, F.S. The applicable interest rate can be obtained at:
https://www.myfloridacfo.com/division/aa/vendors.
3. Grantee Rights. A Vendor Ombudsman has been established within the Department. The duties of
this individual include acting as an advocate for grantees who may be experiencing problems in
obtaining timely payment(s) from a State agency. The Vendor Ombudsman may be reached at
(850) 413-5516.
4. Taxes. The Department is exempted from the payment of State sales and use tax and Federal Excise
Tax. Unless otherwise provided by law, the Grantee, however, shall not be exempted from paying
State sales and use tax to the appropriate governmental agencies, nor shall the Grantee be exempted
from paying its suppliers for any taxes on materials used to fulfill its contractual obligations under
this Agreement. The Grantee shall not use the Department's exemption number in securing such
materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social
Security and other taxes resulting from this Agreement. The Grantee shall provide the Department
its taxpayer identification number upon request.
5. Expenditures. All expenditures must be in compliance with the laws, rules, and regulations
applicable to expenditures of State funds, including, but not limited to, the State of Florida
Reference Guide for State Expenditures, which can be obtained at: reference-guide-for-state-
expenditures.pdf (myfloridacfo.com). The Grantee may not spend funds received under this
Agreement for the purposes of lobbying the Florida legislature, the judicial branch, or a State
agency.
6. Invoice Detail. Invoices submitted by the Grantee must fulfill all requirements specified in the
SOW and include all supporting documentation, when applicable. The Grantee shall also submit
invoices in sufficient detail to fulfill all applicable requirements of the State of Florida Reference
Guide for State Expenditures. All charges for performance under this Agreement or for
reimbursement of expenses authorized by the Department shall be submitted to the Department in
sufficient detail for a proper pre -audit and post -audit to be performed.
7. Interim Payments. Payments will be made to the Grantee only after the Department's acceptance
of the deliverable(s) per the deliverable payment points identified in the SOW; however, if the
Department determines that circumstances warrant, the Department may accept partial
performance and make partial payment for the partial performance.
8. Advance Payments. If authorized by sections 215.422(15) or 216.181(16), F.S., and approved in
writing by the Department, the Grantee may be provided an advance as part of this Agreement.
Construction Grant Agreement
v2024.11.13 Page 2 of 14
9. Final Invoice. The Grantee shall submit its final invoice to the Department no later than sixty (60)
days after the Agreement ends or is terminated. If the Grantee fails to do so, the Department may,
at its sole discretion, refuse to honor any requests submitted after this time and may consider the
Grantee to have forfeited any and all rights to payment under this Agreement.
F. Governing Laws of the State of Florida:
1. Governing Law. The Grantee agrees that this Agreement is entered into in the State and shall be
construed, performed, and enforced in all respects in accordance with the laws, rules, and
regulations of the State. Each Party shall perform its obligations herein in accordance with the terms
and conditions of this Agreement. Without limiting the provisions of Section V., Dispute
Resolution, the exclusive venue of any legal or equitable action that arises out of or relates to the
Agreement shall be in the appropriate State court in Leon County, Florida; in any such action, the
Parties waive any right to jury trial.
2. Ethics. The Grantee shall comply with the requirements of sections 11.062 and 216.347, F.S. The
Grantee shall not, in connection with this or any other agreement with the State, directly or
indirectly:
a. 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
b. 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 subsection b. above, "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 the
Depaitnient's Inspector General, or other authorized State official, the Grantee shall provide any
type of information the Inspector General deems relevant to the Grantee's integrity or
responsibility. Such information may include, but shall not be limited to, the Grantee's business or
financial records, documents, or files of any type or form that refer to or relate to this Agreement.
The Grantee shall retain such records in accordance with the record retention requirements of Part
V of Attachment 2, Audit Requirements for Awards of State and Federal Financial Assistance.
3. Advertising. Subject to chapter 119, F.S., the Grantee shall not publicly disseminate any
information concerning this Agreement without prior written approval from the Depaitnient,
including, but not limited to, mentioning this Agreement in a press release or other promotional
material, identifying the Department or the State as a reference, or otherwise linking the Grantee's
name and either a description of the Agreement or the name of the Department 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.
4. Sponsorship. As required by section 286.25, F.S., if the Grantee is a nongovernmental organization
that sponsors a program that is 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
Financial Services." If the sponsorship reference is in written material, the words "State of Florida,
Depaitnient of Financial Services" shall appear in the same size letters or type as the name of the
Grantee.
5. Conflict of Interest. This Agreement is subject to chapter 112, F.S. The Grantee shall disclose the
name of any officer, director, employee, or other agent who is also an employee of the State. The
Grantee shall also disclose the name of any State employee who owns, directly or indirectly, more
than a five percent (5%) interest in the Grantee or its affiliates.
Construction Grant Agreement
v2024.11.13 Page 3 of 14
6. Records Retention. The Grantee shall retain all records made or received in conjunction with the
Agreement for the longer of five (5) years after the end of the Performance Period and all pending
matters or the period required by the General Records Schedules maintained by the Florida
Department of State (available at: https://dos.myflorida.com/media/703328/gsl-s1-2020.pdf). If the
Grantee's record retention requirements terminate prior to the requirements stated herein, the
Grantee may meet the Department's record retention requirements for this Agreement by
transferring its records to the Department at that time, and by destroying duplicate records in
accordance with section 501.171, F.S., and, if applicable, section 119.0701, F.S. The Grantee shall
adhere to established information destruction standards such as those established by the National
Institute of Standards and Technology Special Publication 800-88, "Guidelines for Media
Sanitization" (2014). See https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-
88r1.pdf.
7. MyFloridaMarketPlace. Disbursements under this Agreement are disbursements of State financial
assistance to a recipient as defined in the Florida Single Audit Act, section 215.97, F.S., and are
exempt from the MyFloridaMarketPlace Transaction Fee pursuant to Rule 60A-1.031(6)(g), F.A.C.
Payments will be made according to the SOW and not through the MyFloridaMarketPlace system.
G. Return or Recoupment of Funds:
1. If the Grantee or its independent auditor discovers that an overpayment has been made, the Grantee
shall return said overpayment within forty (40) calendar days without prior notification from the
Department. If the Department first discovers an overpayment has been made, the Department will
notify the Grantee in writing. Should repayment not be made in a timely manner, the Department
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 the
Department's Agreement Manager and made payable to the "Department of Financial Services."
2. Notwithstanding the damages limitations of Section X., Limitation of Liability, if the Grantee's
non-compliance with any provision of this Agreement results in additional costs or monetary loss
to the Department or the State, the Department can recoup the costs or losses from monies owed to
the Grantee under this Agreement or any other agreement between the Grantee and any State entity.
In the event that the discovery of additional costs or losses arises when no monies are available
under this Agreement or any other agreement between the Grantee and any State entity, the Grantee
shall repay such costs or losses to the Department in full within thirty (30) days from the date of
discovery or notification, unless the Department agrees, in writing, to an alternative timeframe.
H. Audits and Records:
1. Representatives of the Department, including the State's Chief Financial Officer, the State's
Auditor General, and representatives of the federal government, shall have access to any of the
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. The Grantee shall maintain books, records, and documents in accordance with the generally
accepted accounting principles to sufficiently and properly reflect all expenditures of funds
provided by the Department under this Agreement.
3. The Grantee shall comply with all applicable requirements of section 215.97, F.S., and Attachment
2, Audit Requirements for Awards of State and Federal Financial Assistance. If the Grantee is
required to undergo an audit, the Grantee shall disclose all related party transactions to the auditor.
4. The Grantee shall retain all of its 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
Construction Grant Agreement
v2024.11.13 Page 4 of 14
Requirements for Awards of State and Federal Financial Assistance. The Grantee shall cooperate
with the Department to facilitate the duplication and transfer of such records or documents upon
the Department's request.
5. The Grantee shall include the aforementioned audit and recordkeeping requirements in all approved
subrecipient contracts and assignments.
I. Employment Eligibility Verification: N/A
J. Non -Discrimination:
The Grantee shall not unlawfully discriminate against any individual employed in the performance of this
Agreement due to race, religion, color, sex, physical handicap unrelated to such person's ability to engage
in this work, national origin, ancestry, or age. The Grantee shall provide a harassment -free workplace, and
any allegation of harassment shall be given priority attention and action.
K. Duty of Continuing Disclosure of Legal Proceedings and Instances of Fraud:
1. The Grantee shall provide written notice to the Department disclosing any criminal litigation,
investigation, or proceeding that arises during the Performance Period involving the Grantee, or, to
the extent the Grantee is aware, any of the Grantee's subrecipients or contractors (or any of the
foregoing entities' current officers or directors). The Grantee shall also provide written notice to
the Department disclosing any civil litigation, arbitration, or proceeding that arises during the
Performance Period, to which the Grantee (or, to the extent the Grantee is aware, any subrecipient
or contractor hereunder) is a party, and which:
a. might reasonably be expected to adversely affect the viability or financial stability of the
Grantee or any subrecipient or contractor hereunder; or
b. involves a claim or written allegation of fraud against the Grantee, or any subrecipient or
contractor hereunder, by a governmental or public entity arising out of business dealings with
governmental or public entities.
All notices under this Section must be provided to the Department within thirty (30) business days
following the date that the Grantee first becomes aware of any such litigation, investigation,
arbitration, or other proceeding (collectively, a "Proceeding"). Details of settlements that are
prevented from disclosure by the terms of the settlement must be annotated as such.
2. This duty of disclosure applies to each officer and director of the Grantee, subrecipients, or
contractors when any proceeding relates to the officer's or director's business or financial activities.
3. Instances of Grantee operational fraud or criminal activities, regardless of whether a legal
proceeding has been initiated, shall be reported to the Department's Agreement Manager within
twenty-four (24) hours of the Grantee being made aware of the incident.
4. The Grantee shall promptly notify the Department's Agreement Manager of any Proceeding
relating to or affecting the Grantee's, subrecipient's, or contractor's business. If the existence of
such Proceeding causes the State to conclude that the Grantee's ability or willingness to perform
the Agreement is jeopardized, the Grantee shall be required to provide the Department's Agreement
Manager all reasonable assurances requested by the Department to demonstrate that:
a. the Grantee will be able to perform the Agreement in accordance with its terms and conditions;
and
b. the Grantee and/or its employees, agents, subrecipients, or contractor(s) have not and will not
engage in conduct in performance under the Agreement that is similar in nature to the conduct
alleged in such Proceeding.
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L. Assignments, Subgrants, and Contracts:
1. Unless otherwise specified in the SOW or through prior written approval of the Department, the
Grantee may not: 1) subgrant any of the funds provided to the Grantee by the Department under
this Agreement; 2) contract its duties or responsibilities under this Agreement out to a third party;
or 3) assign any of the Grantee's rights or responsibilities hereunder, unless specifically permitted
by law to do so. Any such subgrant, contract, or assignment occurring without the prior approval
of the Department shall be null and void. In the event the Department approves transfer of the
Grantee's obligations, the 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 the Grantee, and of any legal entity that succeeds the Grantee,
to the Grantee's obligations to the Department.
2. The Grantee agrees to be responsible for all work performed and all expenses incurred in fulfilling
the obligations of this Agreement. If the Department permits the Grantee to contract all or part of
the work contemplated under this Agreement, including entering into contracts with vendors for
services, it is understood by the Grantee that all such contract arrangements shall be evidenced by
a written document containing all provisions necessary to ensure the contractor's compliance with
applicable state and federal laws. The Grantee further agrees that the Department shall not be liable
to the contractor for any expenses or liabilities incurred under the contract and that the Grantee
shall be solely liable to the contractor for all expenses and liabilities incurred under the contract.
The Grantee, at its expense, will defend the Department against such claims.
3. The Grantee agrees that the Department may assign or transfer its rights, duties, or obligations
under this Agreement to another governmental entity upon giving prior written notice to the
Grantee.
4. The Grantee agrees to make payments to any subrecipient or contractor within seven (7) working
days after receipt of full or partial payments from the Department, unless otherwise stated in the
agreement between the Grantee and the subrecipient or contractor. The Grantee's failure to pay its
subrecipients or contractors within seven (7) working days will result in a statutory penalty charged
against the Grantee and paid to the subrecipient or contractor in the amount of one-half of one (1)
percent of the amount due per day from the expiration date of the period allowed herein for
payment. Such statutory penalty shall be in addition to actual payments owed and shall not exceed
fifteen (15) percent of the outstanding balance due (see section 287.0585, F.S.).
M. 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).
2. All nonexpendable property purchased under this Agreement shall be listed on the property records
of the Grantee. For the purposes of section 273.03, F.S., the Grantee is the custodian of all
nonexpendable property, and shall be primarily responsible for the supervision, control, and
disposition of the property in his or her custody (but may delegate its use and immediate control to
a person under his or her supervision and may require custody receipts). The Grantee must submit
an inventory report to the Department with the final expenditure report and inventory annually and
maintain accounting records for all nonexpendable property purchased under the Agreement. The
records must include information necessary to identify the property, which, at a minimum, must
include the following: property tag identification number; description of the item(s); if a group of
items, the number and description of the components; physical location; name, make, or
manufacturer; year and/or model; manufacturer's serial number(s); if an automobile, the vehicle
Construction Grant Agreement
v2024.11.13 Page 6 of 14
identification number and title certificate number; date of acquisition; cost or value at date of
acquisition; date last inventoried; and the current condition of the item.
3. At no time shall the Grantee dispose of nonexpendable property purchased under this Agreement
without the written permission of, and in accordance with instructions from, the Department. In
addition to its plain meaning, "dispose of includes selling, exchanging, transferring, distributing,
gifting, and loaning. If the Grantee proposes to dispose of the nonexpendable property or take any
other action that will impact its ownership of the property or modify the use of the property other
than for the purposes stated herein, the Department shall have the right, in its sole discretion, to
demand that the Grantee reimburse the Department the fair market value of the impacted
nonexpendable property.
4. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage, or injury caused
by the use of, nonexpendable property purchased with State funds and held in its possession for use
in accordance with this Agreement. The Grantee shall immediately notify the Department, in
writing, upon discovery of any property loss with the date and reason(s) for the loss.
5. The Grantee shall be responsible for the correct use of all nonexpendable property obtained using
funds provided by this Agreement, and for the implementation of adequate maintenance procedures
to keep the nonexpendable property in good operating condition.
6. A formal amendment to this Agreement is required prior to the purchase of any item of
nonexpendable property not specifically listed in the approved Agreement budget (see SOW).
N. Requirements Applicable to the Purchase of, or Improvements to, Real Property:
If funding provided under this Agreement is used for the purchase of, or improvements to, real property,
such funds are contingent upon the Grantee granting to the Department 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, the completion of the improvements, or as further
required by law (see section 287.05805, F.S.).
O. Insurance:
The Grantee shall, at its sole expense, maintain insurance coverage of such types and with such terms and
limits as may be reasonably associated with the Agreement. Adequate insurance coverage is a material
obligation of the Grantee, and the failure to maintain such coverage may void the Agreement. The limits of
coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's
liability and obligations under the Agreement. All insurance policies shall be through insurers authorized
to write policies in the State. Specific insurance requirements, if any, are listed in the SOW.
Upon execution of this Agreement, the Grantee shall provide the Department 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, the Grantee shall furnish the Depaitinent proof of applicable insurance coverage by
standard ACORD form certificates of insurance. In the event that any applicable coverage is cancelled by
the insurer for any reason, the Grantee shall immediately notify the Department 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 Department 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 the
Grantee.
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P. Intellectual Property Rights:
Where activities supported by this Agreement result in the creation of intellectual property rights, the
Grantee shall notify the Department, and the Department will determine whether the Grantee will be
required to grant the Department a perpetual, irrevocable, royalty -free, nonexclusive license to use, and to
authorize others to use for State government purposes, any resulting patented, copyrighted, or trademarked
work products developed under this Agreement. The Department will also determine whether the Grantee
will be required to pay all or a portion of any royalties resulting from such patents, copyrights, or
trademarks.
Q. Independent Contractor Status:
It is mutually understood and agreed to that at all times during the Grantee's performance of its duties and
responsibilities under this Agreement that Grantee is acting and performing as an independent contractor.
The Department shall neither have nor exercise any control or direction over the methods by which the
Grantee shall perform its work and functions other than as provided herein. Nothing in this Agreement is
intended to nor shall be deemed to constitute a partnership or joint venture between the Parties.
1. Unless the Grantee is a State agency, the Grantee (and its officers, agents, employees, subrecipients,
contractors, 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. Further, unless
specifically authorized to do so, the Grantee shall not represent to others that, as the Grantee, it has
the authority to bind the Department or the State.
2. Unless the Grantee is a State agency, neither the Grantee nor its officers, agents, employees,
subrecipients, contractors, 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. The Grantee agrees to take such actions as may be necessary to ensure that each subrecipient or
contractor will also 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.
4. Unless agreed to by the Department in the SOW, the Department will not furnish services of support
(e.g., office space, office supplies, telephone service, secretarial, clerical support, etc.) to the
Grantee or its subrecipient, contractor, or assignee.
5. The Department shall not be responsible for withholding taxes with respect to the Grantee's
compensation hereunder. The Grantee shall have no claim against the Department for vacation pay,
sick leave, retirement benefits, social security, workers' compensation, health or disability benefits,
reemployment assistance benefits, or employee benefits of any kind. The Grantee shall ensure that
its employees, subrecipients, contractors, and other agents, receive benefits and necessary insurance
(health, workers' compensation, reemployment assistance benefits) from an employer other than
the State.
6. At all times during the Performance Period, the Grantee must comply with the reporting and
Reemployment Assistance contribution payment requirements of chapter 443, F.S.
R. Electronic Funds Transfer:
The 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 signed this Agreement. Copies of
the authorization form and a sample blank enrollment letter can be found at:
http://www.myfloridacfo.com/Division/AA/Vendors/.
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v2024.11.13 Page 8 of 14
Questions should be directed to the EFT Section at (850) 413-5517. Once enrolled, invoice payments will
be made by EFT.
S. Entire Agreement:
The following documents are attached and incorporated into this Agreement, are considered an integral part
of the Agreement, and embody the entire Agreement. This Agreement supersedes all previous oral or
written communications, representations, or agreements on this subject. If there are any conflicting
provisions between the documents that make up the Agreement, the following order of precedence applies:
1. Attachment 1, Statement of Work;
2. Pages 1 through 14 of this Agreement;
3. Attachment 2, Audit Requirements for Awards of State and Federal Financial Assistance (with its
Exhibit 1);
4. Attachment 3, Index of Applicable Laws and Regulations;
5. Addendum A, Public Records Requirements (all references in this addendum to "Contractor" shall
be read to say "Grantee," and all references to "Contract" shall be read to say "Agreement");
6. Appendix 1, Grantee's Contract with its Contractor for Windows, Doors & Louvers, and any
appendices incorporated after execution;
7. Attachment 4, Status Update Request Form; and
8. Attachment 5, Reimbursement Request Letter.
T. Time is of the Essence:
Time is of the essence regarding the performance requirements set forth in this Agreement. The Grantee is
obligated to timely complete the deliverables under this Agreement and comply with all other deadlines
necessary to perform the Agreement, which include, but are not limited to, attendance of meetings or
submittal of reports.
U. Termination:
1. Termination Due to the Lack of Funds.
If funds become unavailable for the Agreement's purpose, such event will not constitute a default
by the Depaitnient or the State. The Department agrees to notify the Grantee in writing at the
earliest possible time if funds are no longer available. In the event that any funding identified by
the Grantee as funds to be provided for completion of the project as described herein becomes
unavailable, including if any State funds upon which this Agreement depends are withdrawn or
redirected, the Department may terminate this Agreement by providing written notice to the
Grantee. The Department will be the final authority as to the availability of funds.
2. Termination for Cause.
The Department may terminate the Agreement if the Grantee fails to:
a. satisfactorily complete the deliverables within the time specified in the Agreement;
b. maintain adequate progress, thus endangering performance of the Agreement;
c. honor any term of the Agreement; or
d. abide by any statutory, regulatory, or licensing requirement.
The Grantee shall continue to perform any work not terminated. The Depaitnient's rights and
remedies in this clause are in addition to any other rights and remedies provided by law or under
the Agreement. The Grantee shall not be entitled to recover any cancellation charges or lost profits.
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v2024.11.13 Page 9 of 14
Upon termination, the Department may require that the Grantee return to the Department any funds
that were used for purposes that are considered ineligible under:
a. this Agreement; or
b. applicable program laws, rules, and regulations governing the use of funds under this
Agreement.
3. Termination for Convenience.
The Department may terminate this Agreement, in whole or in part, by providing written notice to
the Grantee that the Department determined, in its sole discretion, it is in the State's interest to do
so. The Grantee shall not furnish any product after it receives the Department's notice of
termination, except as necessary to complete the continued portion of the Agreement, if any. The
Grantee will not be entitled to recover any cancellation charges or lost profits.
4. Grantee's Responsibilities upon Termination.
If the Department provides a notice of termination to the Grantee, except as otherwise specified by
the Department 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 that has not been terminated by the Department,
if any.
c. Take such action as may be necessary, or as the Department may specify, to protect and
preserve any property which is in the possession and custody of the Grantee, and in which the
Department has or may acquire an interest.
d. Transfer, assign, and make available to the Department all property and materials belonging to
the Department upon the effective date of termination of this Agreement. No extra
compensation will be paid to the Grantee for its services in connection with such transfer or
assignment.
V. Dispute Resolution:
Unless otherwise stated in the SOW, disputes concerning performance under the Agreement will be decided
by the Department, who shall reduce the decision to writing and serve a copy to the Grantee. In the event a
Party is dissatisfied with the dispute resolution decision, jurisdiction for any dispute arising under the terms
of the Agreement will be in State courts, and the venue will be in the Second Judicial Circuit, in and for
Leon County. Except as otherwise provided by law, the Parties agree to be responsible for their own
attorney fees incurred in connection with disputes arising under the terms of this Agreement.
W. Indemnification:
1. The Grantee shall be fully liable for the actions of its agents, employees, partners, subrecipients, or
contractors and shall fully indemnify, defend, and hold harmless the State and the Department, and
their officers, agents, and employees, from suits, actions, damages, and costs of every name and
description, 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 the Grantee, its agents, employees, partners,
subrecipients, or contractors provided, however, that the Grantee shall not indemnify for that
portion of any loss or damages proximately caused by the negligent act or omission of the State or
the Department.
2. Further, the Grantee shall fully indemnify, defend, and hold harmless the State and the Department
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 the Department's misuse or modification of the Grantee's products or the Department's operation
or use of the Grantee's products in a manner not contemplated by the Agreement. If any product is
Construction Grant Agreement
v2024.11.13 Page 10 of 14
the subject of an infringement suit, or in the Grantee's opinion is likely to become the subject of
such a suit, the Grantee may at its sole expense procure for the Department the right to continue
using the product or to modify it to become non -infringing. If the Grantee is not reasonably able to
modify or otherwise secure the Depaitnient the right to continue using the product, the Grantee
shall remove the product and refund the Department the amounts paid in excess of a reasonable
rental for past use. The Department will not be liable for any royalties.
3. The Grantee's obligations under the preceding two paragraphs with respect to any legal action are
contingent upon the State or the Department giving the Grantee:
a. written notice of any action or threatened action;
b. the opportunity to take over and settle or defend any such action at the Grantee's sole expense;
and
c. assistance in defending the action at the Grantee's sole expense.
The Grantee shall not be liable for any cost, expense, or compromise incurred or made by the State
or the Department in any legal action without the Grantee's prior written consent, which shall not
be unreasonably withheld.
NOTE: For the avoidance of doubt, if the 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 to the other Party for the other Party's negligence.
X. Limitation of Liability:
Unless otherwise specifically enumerated in this Agreement, no Party shall be liable to another for special,
indirect, punitive, or consequential damages, including lost data or records (unless the Agreement requires
the 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
the Department may, in addition to other remedies available to them at law or in equity and upon notice to
the Grantee, retain such monies from amounts due the Grantee as may be necessary to satisfy any claim for
damages, penalties, costs, and the like asserted by or against them.
Y. 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 caused by 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 subrecipients, contractors,
or suppliers if no alternate source of supply is available. However, in the event a delay arises from the
foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting damages,
costs, delays, or disruptions to the project in accordance with the Party's performance requirements under
this Agreement. In the case of any delay the Grantee believes is excusable under this Section, the Grantee
shall provide written notice to the Department describing the delay or potential delay and the cause of the
delay within: ten (10) calendar days after the cause that creates or will create the delay first arose (if the
Grantee could reasonably foresee that a delay could occur as a result); or five (5) calendar days after the
date the Grantee first had reason to believe that a delay could result (if the delay is not reasonably
foreseeable). THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR
EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this Section is a
condition precedent to such remedy. The Department, in its sole discretion, will determine if the delay is
excusable under this Section and will notify the Grantee of its decision in writing. The Grantee shall not
assert a claim for damages, other than for an extension of time, against the Department. The Grantee will
Construction Grant Agreement
v2024.11.13 Page 11 of 14
not be entitled to an increase in the Agreement price or payment of any kind from the Department for any
reason. If performance is suspended or delayed, in whole or in part, due to any of the causes described in
this Section, after the causes have ceased to exist, the Grantee shall resume performance, unless the
Depaitnient determines, in its sole discretion, that the delay will significantly impair the ability of the
Grantee to timely complete its obligations under this Agreement, in which case, the Department may
terminate the Agreement in whole or in part.
Z. Mandatory Disclosure Requirements:
1. Conflict of Interest. This Agreement is subject to chapter 112, F.S. The Grantee shall disclose the
name of any officer, director, employee, or other agent who is also an employee of the State. The
Grantee shall also disclose the name of any State employee who owns, directly or indirectly, more
than a five percent (5%) interest in the Grantee or its affiliates.
2. Convicted Vendor List. The Grantee has a continuous duty to disclose to the Department if the
Grantee or any of its affiliates, as defined by section 287.133(1)(a), F.S., are placed on the convicted
vendor list. 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 a contract to provide any goods or services to a public entity; may not submit
a bid, proposal, or reply on a contract 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 contractor, supplier, subcontractor, or
consultant under a contract with any public entity; and may not transact business with any public
entity in excess of the threshold amount provided in s. 287.017, F.S., for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted vendor list."
3. Discriminatory Vendor List. The Grantee has a continuous duty to disclose to the Department if
the Grantee or any of its affiliates, as defined by section 287.134(1)(a), F.S., are placed on the
discriminatory vendor list. Pursuant to section 287.134(2)(a), F.S.: "An entity or affiliate who has
been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract 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 contractor, supplier, subcontractor, or consultant under a contract
with any public entity; and may not transact business with any public entity."
4. Antitrust Violator Vendor List. The Grantee has a continuous duty to disclose to the Department if
the Grantee or any of its affiliates, as defined by section 287.137(1)(a), F.S., are placed on the
antitrust violator vendor list. Pursuant to section 287.137(2)(a), F.S.: "A person or an affiliate who
has been placed on the antitrust violator vendor list following a conviction or being held civilly
liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to
provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new
contract with a public entity for the construction or repair of a public building or public work; may
not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new
contract with a public entity; and may not transact new business with a public entity."
5. Department Inspection of Records. Pursuant to section 216.1366, F.S., the Grantee shall permit the
Department to inspect the Grantee's financial records, papers, and documents that are directly
related to the performance of the Agreement or the expenditure of state funds and the Contractor's
programmatic records, papers, and documents which the Department determines are necessary to
monitor the performance of the Agreement or to ensure that the terms of the Agreement are being
met. The Contractor shall provide such records, papers, and documents to the Department's
Contract Manager within 10 business days after a request is made to the Contractor.
6. Foreign Gifts and Contracts. The Grantee shall comply with any applicable disclosure requirements
in section 286.101, F.S. Pursuant to section 286.101(7), F.S.: "In addition to any fine assessed under
Construction Grant Agreement
v2024.11.13 Page 12 of 14
[section 286.101(7)(a)], a final order determining a third or subsequent violation by an entity other
than a state agency or political subdivision shall automatically disqualify the entity from eligibility
for any grant or contract funded by a state agency or any political subdivision until such ineligibility
is lifted by the Administration Commission for good cause."
AA. Severability:
If any provision of this Agreement, in whole or in part, is held to be void or unenforceable by a court of
competent jurisdiction, that provision will 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.
BB. Survival:
Any right or obligation of the Parties in this Agreement which, by its express terms or nature and context,
is intended to survive termination or expiration of this Agreement, will survive any such termination or
expiration.
CC. Execution in Counterparts:
This Agreement may be executed in counterparts, each of which will be an original and all of which will
constitute but one and the same instrument.
DD. Contact Information for Grantee and Department Contacts:
Grantee's Payee:
Grantee's Agreement Manager:
City of Miami Department of Fire -Rescue
David Duthil
444 2' Ave SW, 6th Floor
444 2' Ave SW, 6th Floor
Miami, Florida 33130
Miami, Florida 33130
Telephone: (305) 416-1328
Telephone: (305) 416-5438
Fax: N/A
Fax: N/A
Email: Firechiefoflogistics@miamigov.com
Email: Firechiefoflogistics@miamigov.com
Department's Agreement Manager:
Lauren Tingle
200 E. Gaines Street
Tallahassee, Florida 32399
Telephone: (850) 413-3641
Fax: N/A
Email: Lauren.Tingle@MyFloridaCFO.com
In the event that any of the information provided in this Section changes after the execution of this
Agreement, the Party making such change shall provide written notice to the other Party of such change.
Such changes do not require a formal amendment to the Agreement.
Construction Grant Agreement
v2024.11.13
Page 13 of 14
Docusign Envelope ID: 2B6E833E-DFC8-4D97-89DD-2926A6EF6A49
EE. Notices:
The contact information provided in the immediately preceding Section shall be used by the Parties for all
communications under this Agreement. Where the terms "written notice" or notice "in writing" are used to
specify a notice requirement herein, said notice will be deemed to have been given:
1. when personally delivered;
2. 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);
3. 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
4. on the date actually received or the date of the certification of receipt.
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 duly
authorized officials.
City of Miami Florida Department of Financial Services
By:
Name:
Title:
rDocuSigned by:
vutr NoVity.
8,0CFGC372DD42A...
Arthur Noriega
City Manager
Date: March 25, 2025 1 18:50:28 EDT
By:
Name:
Title:
Date:
Signed by:
Scott FLIAIAA,
PICRFC(1FRQ44452
Scott Fennell
DCFO
4/16/2025 1 3:34 PM EDT
Construction Grant Agreement
v2024.11.13 Page 14 of 14
Attachment 1
STATEMENT OF WORK (SOW)
1. Project Description. Line 2485A of the General Appropriations Act for the 2023-2024 State fiscal
year provides for the appropriation of $1,661,000.00 to the Grantee for the renovation of the Miami
Fire training Center, hereinafter referred to as the Project, to serve the needs of the local community.
Funding under this Agreement will be used for the renovation of the Miami Fire Training Center located
at 3425 Jefferson Street in Miami, Florida. The renovation tasks must comply with the requirements of
the contract(s) the Grantee enters into with its contractor(s), which is attached hereto and incorporated
by reference herein, and will include the furnishing and installation of windows, doors, and louvers,
along with the application of waterproofing material and stucco siding. The total project costs are
estimated at $1,661,000.00. The Grantee does not currently anticipate expending local funds.
2. Grantee Responsibilities. The Grantee shall:
a. Complete all pre -construction elements for the Project, which include, but are not limited to
procurement and preliminary design, as applicable.
b. Submit to the Department, prior to beginning the Project, copies of:
i. all ownership documents;
ii. all contracts and subcontracts in furtherance of this Agreement; and
iii. written evidence that all Project services were competitively procured to the extent required
by law.
c. Complete the Project in accordance with:
i. the design and construction plans submitted to the Department;
ii. the requirements set forth in this Agreement; and
iii. any applicable local, State (including, but not limited to, chapter 255, F.S.), and federal laws
and regulations.
d. Provide the Department with any amendments made to the contracts and subcontracts issued in
furtherance of this Agreement. Note: It will be in the Department's sole discretion to determine
whether such amendments require a written amendment to this Agreement.
e. Display signage at the project site that specifies the project intent, fund source, and estimated date
of completion. Sign must be in place prior to reimbursement or advancement of funds, should be
visible from a public roadway and must remain at project site until project is completed.
f. Provide the Department with documentation, upon Department's demand, evidencing status
reports. Grantee shall provide status report documentation on the Status Update Request Form,
incorporated by reference as Attachment 4.
g. Submit monthly fire incident data to the National Fire Incident Reporting System via
https://www.nfirs.fema.gov/NFIRSWeb/login for the entire duration of the Performance Period
listed in the Agreement. Proof of submittance of fire incident data is required to be provided to the
Department upon the Department's demand.
3. Department's Responsibilities.
The Department shall monitor the Grantee's progress as it deems necessary to verify that all requirements
of the Agreement are being performed in accordance with this Agreement. The Department shall review
submitted documentation and process payments to the Grantee to reimburse allowable, reasonable, and
necessary expenditures, not to exceed $1,661,000.00.
Attachment 1, Statement of Work
v2024.11.13 Page 1 of 4
The Department will monitor reporting compliance for the Grantee and will notify the appropriate parties
of non-compliance.
4. Deliverables.
The Grantee shall complete the following deliverables:
Table 1
Deliverables
Deliverable No. 1— Furnishing and Installation of Windows, Doors & Louvers
Tasks
Documentation
Financial Consequences
Complete all work to plan
and design the Project in
accordance with the
contract between the
Grantee and the
contractor performing the
work, which is attached
as Appendix 1.
1) Invoice in accordance with Section
6, below.
1) The Grantee shall submit copies of:
a. Any documents demonstrating
satisfactory performance in
completion of the tasks listed in
the contract which is attached
as Appendix 2;
b. Proof of release of any liens
that are associated with the
work for which payment is
requested; documentation to
support performance by and
payments made by contractor to
subcontractors and suppliers for
satisfaction of contractor's
obligations under its contract
with the Grantee; and
c. Cleared checks, electronic
funds transfers, or bank
statements showing that
payment was issued to the
Grantee's contractor.
Failure to complete this
deliverable as specified
within this SOW will
result in non-payment of
the invoiced amount.
DELIVERABLE 1 ESTIMATED COST $220,100.00
Deliverable No. 2 —Waterproofing and Stucco
Tasks
Documentation
Financial Consequences
Complete all work for the
Project in accordance
with the contract between
the Grantee and the
contractor performing the
work, which is attached
as Appendix 2.
2) Invoice in accordance with Section
6, below.
3) The Grantee shall submit copies of:
a. Any documents demonstrating
satisfactory performance in
completion of the tasks listed in
the contract which is attached
as Appendix 2;
Failure to complete this
deliverable as specified
within this SOW will
result in non-payment of
the invoiced amount.
Attachment 1, Statement of Work
v2024.11.13 Page 2 of 4
[Note: The contract for
this work will not be
finalized until after
completion of
Deliverable No. 1, and
therefore it is not
currently attached. Once
the contract is entered,
this Agreement will be
amended to attach the
contract as Appendix 2
and to delete this
sentence.]
b. Proof of release of any liens
that are associated with the
work for which payment is
requested; documentation to
support performance by and
payments made by contractor to
subcontractors and suppliers for
satisfaction of contractor's
obligations under its contract
with the Grantee; and
c. Cleared checks, electronic
funds transfers, or bank
statements showing that
payment was issued to the
Grantee's contractor.
DELIVERABLE 2 ESTIMATED COST $1,440,900.00
TOTAL REIMBURSABLE AMOUNT NOT TO EXCEED $1,661,000.00
5. Reconciliation Report.
Pursuant to section 215.971, F.S., the Department's Agreement Manager must produce a final
reconciliation report reconciling all funds paid out to the Grantee under this Agreement against all funds
expended by the Grantee in performance of this Agreement. If the Department's Agreement Manager
requests documentation from the Grantee's Agreement Manager for this purpose, Grantee must submit
such documentation to the Depaitnient within ten (10) business days of receipt of the Department's
request.
6. Invoice Submittal and Payment Schedule.
The Grantee shall provide itemized invoices for all portions of the deliverable rendered during that
period. After receipt of the invoice, and in accordance with the payment provisions established in
Section E., Agreement Payment and Funding Considerations, of the Agreement, the Department shall
disburse the amount of funds approved by the Department.
To request reimbursement, the Grantee shall:
a. Complete the Reimbursement Request Letter, incorporated by reference as Attachment 5, signed
by the Grantee's Agreement Manager certifying that the costs being claimed in the invoice package:
i. Are specifically for the project represented to the State in the budget appropriation;
ii. Have been paid;
iii. Were incurred within the Performance Period as specified in Section C, Performance
Period, of the Agreement; and
iv. Are not a duplicate, and duplicates will not be submitted to another funding source.
b. All documentation (specified in Section 4, Deliverables) necessary to demonstrate that progress on
the project has been made and the work being invoiced has been completed in accordance with the
requirements of this Agreement.
The Department may require any other information from the Grantee that the Department deems
necessary to verify performance in accordance with this Agreement.
Attachment 1, Statement of Work
v2024.11.13 Page 3 of 4
7. Financial Consequences for Failure to Timely and Satisfactorily Perform.
Failure to complete the required duties outlined in the SOW shall result in the rejection of the invoice
and as stated above in Section 4, Deliverables, if re -inspection is invoiced, the Department will reduce
the invoice by that amount.
This provision for financial consequences shall not affect the Department's right to terminate the
Agreement as provided elsewhere in the Agreement.
8. Disposition of Property.
a. Pursuant to Section M, Nonexpendable Property, of this Agreement, upon satisfactory completion
of the requirements of the Agreement, the Grantee is authorized to retain ownership of any
nonexpendable property purchased under this Agreement; however, the Grantee hereby grants to
the Department 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 the Grantee, but
not to exceed five (5) years following the termination of the Agreement. The Grantee shall provide
written notice of any such planned disposition and await the Department's response prior to
disposing the property. "Disposition" as used herein, includes, but is not limited to, the Grantee no
longer using the nonexpendable property for the uses authorized herein; and the sale, exchange,
transfer, trade-in, or disposal of any such nonexpendable property. The Department, in its sole
discretion, may require the Grantee to refund to the Department the fair market value of the
nonexpendable property at the time of disposition rather than taking possession of the
nonexpendable property.
b. Upon satisfactory completion of the requirements of this Agreement, the Grantee is authorized to
retain ownership of the real property improved under this Agreement; however, for five (5) years
thereafter the Grantee must provide written notice to the Department of any circumstance that:
i. will impact or has impacted, in any way, the Grantee's ownership of such property; or
ii. will modify or has modified the use of such property from the purposes authorized herein.
Such notice must be provided within ten (10) business days of learning of the event that will result
or has resulted in either circumstance. If either of these circumstances arise, the Department will
have the right, within its sole discretion, to demand that the Grantee reimburse the Department for
part, or all of the funding provided to the Grantee under this Agreement.
9. Failure to Complete Project Timely.
Upon completion of the project, the Grantee shall submit to the Department a copy of the Certificate of
Occupancy and photos of the completed project. The Department will have the right, in its sole
discretion, to demand that the Grantee reimburse the Department for part, or all of the funding provided
to the Grantee under this Agreement if: 1) the Grantee fails to obtain the required construction permit(s)
within three (3) years after the documentation listed in section 2. for Deliverable No. 2 has been created;
or 2) the construction permit expires before the certificate of occupancy has been issued.
- End of Attachment 1 (Statement of Work) -
Attachment 1, Statement of Work
v2024.11.13 Page 4 of 4
Appendix 1
Grantee's Contract with its Contractor for Windows, Doors & Louvers
ANNIE PEREZ, CPPO
Director of Procurement
August 13, 2024
Mr. Javier Rodriguez
Dekora, LLC
12011 SW 129 Court, Unit 5
Miami, FL 33186
ARTHUR NORIEGA V
City Manager
SENT VIA EMAIL
dekorallc(a?gmail.com
RE: BEST AND FINAL OFFER ("BAFO") — INVITATION FOR QUOTATION ("IFQ") 1872386
FURNISH AND INSTALL WINDOWS, DOORS AND LOUVERS AT CITY OF MIAMI FIRE
TRAINING CENTER
Dear Mr_ Rodriguez,
The City of Miami ("City") is in receipt of the quote submitted by Dekora, LLC ("Dekora") in response
to Invitation for Quotation ("CFQ") No. 1872386 Furnish and Install Windows, Doors & Louvers at City
of Miami Fire Training Center. The IFQ closed on Thursday, July 11, 2024, and Dokora is the apparent
responsive and responsible Bidder,
Pursuant to Section 18-85 of the City of Miami Code, the City has the authority to negotiate for better
pricing or re -bid, whichever is in the best interest of the City.
The City hereby requests that you carefully analyze your bid price for any cost savings you can in
turn extend to the City and provide what is considered your firm's "best and final offer" as it pertains
to your cost to furnish and install windows, doors and louvers at City of Miami Fire Training Center.
Dekora's response to this notice shall be returned to the attention of Ms. Teresa Soto, via fax to (305)
400-5024, or via email at tsoto(a�n1iamigov.com, by no later than 5:00 P.M., on Thursday, August
15, 2024.
Please indicate your firm's best and final offer in the spaces provided in the last column of this table:
Line
Number
1
2
3
Line Description
Total Price, Inclusive of all Parts,
Equipment, Materials, and Labor, to
Furnish and Install Four (4) Single
Metal Doors, 3ft. X 6ft.8in,
Total Price, Inclusive of all Parts,
Equipment, Materials, and Labor, to
Furnish and Install Two (2) Double
Louvered Doors, 5ft.4in. X 6ft.8in,
Total Price, Inclusive of ail Parts,
Equipment, Materials, and Labor, to
Furnish and install Two (2) Double
Glass Doors, fift,OIn. x eft.8in.
Unit Price
$2,575.00
$2, 875.00
$2,875.00
Number of
Units
4
2
2
Unit Price (Best
and Final Offer)
$2,875.00
$2,875.00
$2,875.00
4
Total Price, Inclusive of all Parts,
Equipment, Materials, and Labor, to
Furnish and Install One (1) Single
Metal Door wl Louvered Panels,
3ft.Oin. X 7ft.Ofn.
$2,875,00
1
5
6
7
8
0
10
11
12
13
14
15
Total Price, Inclusive of all Parts,
Equipment, Materials, and Labor, to
Furnish and Install One (1) SIngle
Metal Door, 4ft.6ln. X 7ft,31o.
Total Price, Inclusive of all Parts,
Equipment, Materials, and Labor, to
Furnish and Install Two (2) Metal
Roll Up Doors, 12fk. X 14ft.
Total Price, Inclusive of ail Parts,
Equipment, Materials, and Labor, to
Furnish and install Four (4) Metal
Exhaust. Louvers, 30in. X 30in.
Total Price, Inclusive of all Parts,
Equipment, Materials, and Labor, to
Furnish and Install Four (4) Doubla
Hung Windows, 481n. X 36in.
Total Price, Inclusive of all Parts,
Equipment, Materials, and Labor, to
Furnish and Install One (1) Solid
Metal Doors, 40in. X 82in..
Total Prlae, Inclusive of all Paris,
Equipment, Materials, and Labor, to
Furnish and Install Four (4) Circular
Exhaust Fans, 241n,
Total Price, inclusive of all Parts,
Equipment, Materials, and Labor, to
Furnish and Install One (1) Double
Metal Siiding_Door, 8ft.Oin. X 611.0in.
Total Price, inclusive of all Parts,
Equipment, Materials, and Labor, to
Furnish and Install Two (2) Fixed
Panel Windows, 401n. X 381n.
Total Price, Inclusive of all Parts,
Equipment, Materials, and Labor, to
Furnish and Install Eight (8) Double
Hung Windows, 481n. X 38fn.
Total Price, Inclusive of ail Parts,
Equipment, Materials, and Labor, to
Furnish and Install One (1) Solid
Glass Sidelight, 42in. X a1n. X 81n.
Total Price, Inclusive of all Parts,
Equipment, Materials, and Labor, to
Furnish and Install Four (4) Double
Hung Windows, 441n. X 461n.
$2,875.00
$10,000.00
$2,87a.00
_ $2,875.00
$2,875.00
$2,875.00
$2,875.00
$2,875.00
$2,875.00
$2,875.00
$2,875.00 1
1
2
4
4
1
4
1
2
8
1
4
$2,876,00
$2,875.00
$10,000.00
$2,875.00
$2,875.00
$2,875.00
$2,875.00
$2,875.00
$2,875.00
$2,875.00
$2,875.00
$2,875.00
16
17
18
19
20
21
22
23
Total Price, Inclusive of all Parts,
Equipment, Materials, and Labor, to
Furnish and Install One (1) Exhaust
Fan, 26in. X 26in.
Total Price, Inclusive of all Parts,
Equipment, Materials, and Labor, to
Furnish and Install Twenty -Two (22)
Double Hung Windows, 42in. X
48in.
$2,875,00
$2,300.00
Total Price, Inclusive of all Parts,
Equipment, Materials, and Labor, to
Furnish and install One (1) Metal
Louver, 18in. X 18in,
2,875.00
Total Price, Inclusive of all Parts,
Equipment, Materials, and Labor, to
Furnish and Install One (1) Circular
Exhaust Fan, 26in,
Total Price, Inclusive of all Parts,
Equipment, Materials, and Labor, to
Furnish and Install Two (2) Metal
Louvers, 52in. X 30in.
$2,875.00
$2,875.00
Total Price, Inclusive of all Parts,
Equipment, Materials, and Labor, to
Furnish and Install Six (6) Solid
Metal Doors, 40in. X 6ft.8in.
Total Price, Inclusive of all Paris,
Equipment, Materials, and Labor, to
Furnish and Install One (1) Double
Solid Metal Door, 54in. X 6ft.8in.
Total Price, Inclusive of all Parts,
Equipment, Materials, and Labor, to
Furnish and Install One (1) Solid
Metal Door, 35in, X 72 1/2in.
$2,875,00
$2,875,00
$2,875.00
Please sign and date below to certify you resp+nse above:
Print Name
6.
Title
Sincerely,
Annie`Perez, CPPO
Director/Chief Procurement Officer
Department of Procurement
AP:ts
22
1
1
2
6
1
1
$2,875.00
$2,300.00
$2,875,00
$2,875.00
$2,875.00
$2,875.00
$2,875.00
$2,875.00
- i
gnature
Date
ATTACHMENT 2
AUDIT REQUIREMENTS FOR AWARDS OF
STATE AND FEDERAL FINANCIAL ASSISTANCE
The administration of resources awarded by the Department of Financial Services (Department) to the
Grantee may be subject to audits and/or monitoring by the Department, as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements,
and section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring procedures may
include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by 2 CFR
§200.425, or other procedures. By entering into this agreement, the Grantee agrees to comply and cooperate
with any monitoring procedures or processes deemed appropriate by the Department. In the event the
Department determines that a limited scope audit of the Grantee is appropriate, the Grantee agrees to
comply with any additional instructions provided by Department staff to the Grantee regarding such audit.
The Grantee 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 Grantee is a state or local government or a nonprofit organization as defined
in 2 CFR §200.90, §200.64, and §200.70.
1. A grantee that expends $750,000 or more in federal awards in its fiscal year must have a single or
program -specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit
Requirements. EXHIBIT 1 to this form lists the federal resources awarded through the Department by
this agreement. In determining the federal awards expended in its fiscal year, the Grantee shall consider
all sources of federal awards, including federal resources received from the Department. The
determination of amounts of federal awards expended should be in accordance with the guidelines
established in 2 CFR §§200.502-503. An audit of the Grantee conducted by the Auditor General in
accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part.
2. For the audit requirements addressed in Part I, paragraph 1, the Grantee shall fulfill the requirements
relative to auditee responsibilities as provided in 2 CFR §§200.508-512.
3. A grantee that expends less than $750,000 in federal awards in its fiscal year is not required to have an
audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. If
the Grantee expends less than $750,000 in federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, the cost
of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from
Grantee resources obtained from other than federal entities).
Part II: State Funded
1. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess
of $750,000 in any fiscal year of such Grantee (for fiscal years ending June 30, 2017, or thereafter), the
Grantee must have a state single or project -specific audit for such fiscal year in accordance with section
215.97, F.S.; applicable rules of the Department of Financial Services; and Chapters 10.550 (local
governmental entities) and 10.650 (nonprofit and for -profit organizations), Rules of the Auditor
General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department by
this agreement. In determining the state financial assistance expended in its fiscal year, the Grantee
shall consider all sources of state financial assistance, including state financial assistance received from
the Department, other state agencies, and other nonstate entities. State financial assistance does not
DFS-A2-CL
Rev. 11/18
Rule 69I-5.006, F.A.C.
Page -2-
AUDIT REQUIREMENTS FOR AWARDS OF
STATE AND FEDERAL FINANCIAL ASSISTANCE
include federal direct or pass -through awards and resources received by a nonstate entity for federal
program matching requirements.
2. For the audit requirements addressed in Part II, paragraph 1, the Grantee shall ensure that the audit
complies with the requirements of section 215.97(8), F.S. This includes submission of a financial
reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental
entities) and 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
3. If the Grantee expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years
ending June 30, 2017, or thereafter), an audit conducted in accordance with the provisions of section
215.97, F.S., is not required. If the Grantee expends less than $750,000 in state financial assistance in
its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97,
F.S., the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an
audit must be paid from the Grantee's resources obtained from other than state entities).
Part III: Other Audit Requirements
N/A
Part IV: Report Submission
1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit
Requirements, and required by Part I of this form shall be submitted, when required by 2 CFR §200.512,
by or on behalf of the Grantee directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR
§200.36 and §200.512.
The FAC's website provides a data entry system and required forms for submitting the single audit
reporting package. Updates to the location of the FAC and data entry system may be found at the OMB
website.
2. Copies of financial reporting packages required by Part II of this form shall be submitted by or on
behalf of the Grantee directly to each of the following:
a. The Department at each of the following addresses:
Electronic copies (preferred): SFMGrant@myfloridacfo.com
or
Paper (hard copy):
Lauren Tingle
Department of Financial Services
200 East Gaines Street
Tallahassee, Florida 32399-0340
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, Florida 32399-1450
The Auditor General' s website (https://flauditor.gov/) provides instructions for filing an
electronic copy of a financial reporting package.
DFS-A2-CL
Rev. June 2018
Rule 69I-5.006, F.A.C.
Page -3-
AUDIT REQUIREMENTS FOR AWARDS OF
STATE AND FEDERAL FINANCIAL ASSISTANCE
3. Any reports, management letters, or other information required to be submitted to the Department
pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section
215.97, F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General, as applicable.
4. Grantees, when submitting financial reporting packages to the Department for audits done in
accordance with 2 CFR 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental
entities) and 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should
indicate the date that the reporting package was delivered to the Grantee in correspondence
accompanying the reporting package.
Part V: Record Retention
The Grantee shall retain sufficient records demonstrating its compliance with the terms of the award(s) and
this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the
Department, or its designee, the CFO, or Auditor General access to such records upon request. The Grantee
shall ensure that audit working papers are made available to the Department, or its designee, the CFO, or
Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless
extended in writing by the Department.
DFS-A2-CL
Rev. 11/18
Rule 69I-5.006, F.A.C.
Page -4-
AUDIT REQUIREMENTS FOR AWARDS OF
STATE AND FEDERAL FINANCIAL ASSISTANCE
EXHIBIT 1
Federal Resources Awarded to the Grantee
Pursuant to this Agreement Consist of the Following:
1. Federal Program A:
N/A
2. Federal Program B:
N/A
Compliance Requirements Applicable to the Federal Resources
Awarded Pursuant to this Agreement are as Follows:
1. Federal Program A:
N/A
2. Federal Program B:
N/A
State Resources Awarded to the Grantee
Pursuant to this Agreement Consist of the Following:
Matching Resources for Federal Programs:
1. Federal Program A:
N/A
2. Federal Program B:
N/A
Subject to Section 215.97, F.S.:
1. State Project A:
State Project: Local Government Fire Service Grants
State Awarding Agency: State of Florida, Department of Financial Services
Catalog of State Financial Assistance Title and Number: Local Government Fire Service Grants,
43.009
Amount: $1,661,000.00
2. State Project B:
N/A
Compliance Requirements Applicable to State Resources Awarded
Pursuant to this Agreement Are as Follows:
The compliance requirements are as stated in Grant Agreement FM994 between the Grantee and the
Department, entered in State Fiscal Year 2023-2024.
DFS-A2-CL
Rev. 11/18
Rule 69I-5.006, F.A.C.
Page -5-
Attachment 3
Index of Applicable Laws and Regulations
1. Statutory Requirements:
Chapter 112, F.S. (conflict of interest)
Chapter 119, F.S. (public records and exceptions to disclosure)
Sections 11.062 and 216.347, F.S. (prohibitions on the use of state funds for lobbying purposes)
Section 216.1366, F.S. (inspection of records)
Section 286.101, F.S. (foreign gifts and contracts)
Section 286.25, F.S. (sponsorship)
Section 287.133, F.S. (convicted vendor list)
Section 287.134, F.S. (discriminatory vendor list)
Section 287.137, F.S. (antitrust violator vendor list)
Americans with Disabilities Act
Immigration and Nationality Act
2. Audit Requirements:
Section 20.055, F.S. (audit investigations)
Section 215.34, F.S. (return or recoupment of funds)
Section 215.97, F.S., Florida Single Audit Act
Section 215.971, F.S., Agreements Funded with Federal or State Assistance
3. Financial Requirements:
Section 215.422, F.S. (payments from state funds)
Section 273.02, F.S. (nonexpendable tangible personal property)
Section 287.05805, F.S. (if funding is used for real property purchase or improvement)
Section 287.0585, F.S. (payments to subcontractors)
Rule 60A-1.031, F.A.C. (MyFloridaMarketPlace)
Chief Financial Officer Memoranda Nos. 1, 2, and 4 (effective July 1, 2020)
Rev. 08/03/2021
DIVISION OF
'STATE FIRE MARSHAL
FLORIDA DEPARTMENT OF FINANCIAL SERVICES
FCO Grant Quarterly Status Report
Instructions: This form is to be completed by the grantee no less than once per quarter after the execution of the
agreement and is to be done until all funds are dispersed. If you are also requesting reimbursement, please complete
the reimbursement request form and attach the required documentation.
Grantee:
Reporting Period:
Contract Number:
Project Description:
Attachments (Check):
Notice to Proceed
\otos
Reimbursement Request
I
I
Cert. of Occupanc
Inspection Reports
Other:
1. Current Project Phase — Mark active phases and, if applic, . - •t perl a complete
Land Purchased
I J
De ': `
Site Prep
Construction
r on
Project Complete
2. Work Completed This Period:
0
3. Work Anticipated Next Period: �`► O
0
4. Problem Areas/Other Co ents (Plan Revisions, Delays, Difficulties,
etc):
Grantee
Grantee Representative
I certify that the information provided above is true and
correct per the terms of the Grant Agreement.
Date
Printed Name/Title
Signature
Department
Comments/Notes
Review Date
Site Visit QYes QNo
Contract Manager Signature
I,
AIL
'`[onwoa'
DIVISION OF
STATE FIRE MARSHAL
"1 FLORIDA DEPARTMENT OF FINANCIAL SERVICES
Grant Agreement
Attachment 5 - Grantee Reimbursement Request
(Print name of Grantee's Grant Manager)
Contract No.
(Print name of Grantee)
, on behalf of
hereby certify for
,
and Reimbursement Request No. that:
on this request are specifically for e ect represented to t
he State in the budget 1) The costs being claimed p y J
appropriation.
2) The costs being claimed on this request are for one
in Section 4, Deliverable, of the Scope of Work. .
z....
3 The Grantee haspaid such costs under t ((/ and ons of contracts relatingdirectlyto the Project.
l� J
G �
of th oruction components listed in the deliverable
4) The costs being claimed on th
the Agreement document,
quest w
to the
ed after the date specified in Section C, Performance Period, of
f the Performance Period.
5) A duplicate invoice for t same services, supplies, materials, and/or labor set forth in the attached invoice has not
been submitted, and will not be submitted, to another funding source for this Project.
Signature of Grantee's Grant Manager
Print Name
AIL
DIVISION OF
STATE FIRE MARSHAL
"1 FLORIDA DEPARTMENT OF FINANCIAL SERVICES
Request #
Submit Date:
Contract #
Deliverable:
Reimbursement Detail
Grantee:
Grantee Address:
Grantee Contact:
Vendor
Invoice # Invoice Date
Grantee Certification: Sig here and complete the Grantee's Certification of Reimbursement Request on
p q
Page 1 to certify that the amount being requested for reimbursement is true and valid in accordance with the
Agreement.
Grantee Signature
& Date:
ascription
Request Total
Total Previous Payments
Total Grant Amount
Reimbursement
Requested
Remaining Funds
«k/
4q- o
4ce 0
0
Contract Manager
Receipt:
Component
Checklist:
Vendor
Invoice(s)
Payment
SFM Use
Tasks Performed
Funds Reconciled
DEPARTMENT OF FINANCIAL SERVICES
Public Records Requirements
Addendum A
1. Public Records Access Requirements.
a. If the Contractor is acting on behalf of the Department in its performance of services under the Contract,
the Contractor must allow public access to all documents, papers, letters, or other material, regardless of
the physical form, characteristics, or means of transmission, made or received by the Contractor in
conjunction with the Contract (Public Records), unless the Public Records are exempt from public access
pursuant to section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S.
b. The Department may unilaterally terminate the Contract if the Contractor refuses to allow public access to
Public Records as required by law.
2. Public Records Requirements Applicable to All Contractors.
a. For purposes of the Contract, the Contractor is responsible for becoming familiar with Florida's Public
Records law, consisting of chapter 119, F.S., section 24(a) of Article I of the Florida Constitution, or other
applicable state or federal law (Public Records Law).
b. All requests to inspect or copy Public Records relating to the Contract must be made directly to the
Department. Notwithstanding any provisions to the contrary, disclosure of any records made or received
by the State in conjunction with the Contract is governed by Public Records Law.
c. If the Contractor has a reasonable, legal basis to assert that any portion of any records submitted to the
Department is confidential, proprietary, trade secret, or otherwise not subject to disclosure ("Confidential"
or "Trade Secret") under Public Records Law or other legal authority, the Contractor must simultaneously
provide the Department with a separate redacted copy of the records the Contractor claims as Confidential
or Trade Secret and briefly describe in writing the grounds for claiming exemption from the Public Records
Law, including the specific statutory citation for such exemption. The un-redacted copy of the records must
contain the Contract name and number and must be clearly labeled "Confidential" or "Trade Secret." The
redacted copy of the records should only redact those portions of the records that the Contractor claims are
Confidential or Trade Secret. If the Contractor fails to submit a redacted copy of records it claims are
Confidential or Trade Secret, such action may constitute a waiver of any claim of confidentiality.
d. If the Department receives a Public Records request, and if records that have been marked as "Confidential"
or "Trade Secret" are responsive to such request, the Department will provide the Contractor -redacted
copies to the requester. If a requester asserts a right to the portions of records claimed as Confidential or
Trade Secret, the Department will notify the Contractor that such an assertion has been made. It is the
Contractor's responsibility to assert that the portions of records in question are exempt from disclosure
under Public Records Law or other legal authority. If the Department becomes subject to a demand for
discovery or disclosure of the portions of records the Contractor claims as Confidential or Trade Secret in
a legal proceeding, the Department will give the Contractor prompt notice of the demand, when possible,
prior to releasing the portions of records the Contractor claims as Confidential or Trade Secret (unless
disclosure is otherwise prohibited by applicable law). The Contractor shall be responsible for defending its
determination that the redacted portions of its records are Confidential or Trade Secret. No right or remedy
for damages against the Department arises from any disclosure made by the Department based on the
Contractor's failure to promptly legally protect its claim of exemption and commence such protective
actions within ten days of receipt of such notice from the Department.
e. If the Contractor claims that the records are "Trade Secret" pursuant to section 624.4213, F.S., and all the
requirements of section 624.4213(1), F.S., are met, the Department will respond to the Public Records
Request in accordance with the provisions specified in that statute.
f. The Contractor shall ensure that exempt or confidential and exempt Public Records are not disclosed except
as permitted by the Contract or by Public Records Law.
Addendum A
1 of 2
Rev. 06/07/21
3. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
If the Contractor is a "contractor" as defined in section 119.0701(1)(a), F.S., the Contractor shall:
a. Keep and maintain Public Records required by the Department to perform the service.
b. Upon request, provide the Department with a copy of requested Public Records or allow the Public Records
to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter
119, F.S., or as otherwise provided by law.
c. 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 Contract term and
following completion of the Contract if the Contractor does not transfer the Public Records to the
Department.
d. Upon completion of the Contract, transfer, at no cost, to the Department all Public Records in possession
of the Contractor or keep and maintain Public Records required by the Department to perform the service.
If the Contractor transfers all Public Records to the Department upon completion of the Contract, the
Contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from
Public Records disclosure requirements. If the Contractor keeps and maintains Public Records upon
completion of the Contract, the Contractor shall meet all applicable requirements for retaining Public
Records. All Public Records stored electronically must be provided to the Department, upon request from
the Department's custodian of Public Records, in a format specified by the Department as compatible with
the information technology systems of the Department. These formatting requirements are satisfied by
using the data formats as authorized in the Contract or Microsoft Word, Outlook, Adobe, or Excel, and any
software formats the Contractor is authorized to access.
e. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE
CONTRACT, CONTACT PUBLIC RECORDS AT:
Telephone: (850) 413-3149
Email: PublicRecordsRequest a,myfloridacfo.com
Mailing Address: The Department of Financial Services
Office of Open Government
PL-11, The Capitol
Tallahassee, Florida 32399-0301
A Contractor who fails to provide the Public Records to the Department within a reasonable time may be
subject to penalties under section 119.10, F.S.
Addendum A
2 of 2
Rev. 06/07/21
ATTEST:
,-DocuSigned by:
By:----E4-619+5sefleF-,-4ss...
Todd B. Hannon
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS
By:
DocuSigned by:
aunt, 00(isal4Ill
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George K. Wysong III
City Attorney
Signed by:
Matter ID# 23-2155
THE CITY OF MIAMI, a municipal
Corporation of the State of Florida
By:
DocuSigned by:
alb Nalntir,
Arthur Noriega
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS
By:
DocuSigned by:
tin? 61Autaa
5349B-W-Z54 @...
Ann -Marie Sharpe, Director
Department of Risk Management
Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of
which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and
the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement
(whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name
is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other
parties an original signed Agreement upon request.
Olivera, Rosemary
From: Ramlal, Vishwani
Sent: Wednesday, April 30, 2025 8:03 AM
To: Olivera, Rosemary; Hannon, Todd; Ewan, Nicole; Perez, Juan- Police
Cc: Alexandre, Marc; Hardy, Robert C.; Garcia, Aida
Subject: Matter ID# 23-2155K - 2023 State Fire Marshal Grant - Miami Fire Training Center
Attachments: Matter ID #23-2155K - 2023 State Fire Mashall Grant - Fire FTC.pdf
Good morning,
Attached, please find the fully executed agreement that is to be retained as an original by
the City.
Thank you,
Vifigoti1.10 Pa;- '#.lA
Aclministrad a Assistant I
City of Miami, Department of Fire -Rescue
Division of Professional Standards
1151 NW 7th Street, 3" Floor
\Lanai, Florida 33136
Phone: 05) 416-5465
cram/al girniairiigov.0017.1
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