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Home My WebLink About24269AGREEMENT INFORMATION AGREEMENT NUMBER 24269 NAME/TYPE OF AGREEMENT MIAMI DOWNTOWN DEVELOPMENT AUTHORITY DESCRIPTION FUNDING AGREEMENT/DOWNTOWN MIAMI FLAGLER BEAUTIFICATION PROJECT 40B-30606/FILE ID: 9005/R-21- 0207 EFFECTIVE DATE November 29, 2022 ATTESTED BY TODD B. HANNON ATTESTED DATE 12/15/2022 DATE RECEIVED FROM ISSUING DEPT. 2/14/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E CITY OF MIAMI DOCUMENT ROUTING FORM a�- �0R'O ORIGINATING DEPARTMENT: Office of Capital Improvements DEPT. CONTACT PERSON: File No: OM 21123 EXT: Charles McKinnon/Hector Badia 1289/1236 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Miami Downtown Development Authority (DDA) IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT INVOLVED AMOUNT: $ 1Million FUNDING INVOLVED $ ® YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) PURPOSE OF ITEM (BRIEF SUMMARY) ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT To execute grant agreement signed by the DDA in the amount of $1 Million to the City for project 40-B30606 Flagler Street Beautification COMMISSION APPROVAL DATE: 05/27/21 FILE ID: 9005 ENACTMENT NO.: R-21-0207 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL INTERIM DIRECTOR December 6, PRINT: Hector 2022 I 11:0a. SIGNATURE Badia s:'ongipned by: I SUBMITTED TO RISK MANAGEMENT December 6, PRINT: ANN-MA 2022 I 10: 4 SIGNATURE: ITMRPE +�:4°Pctgled by: Frakk abillit/3 SUBMITTED TO CITY ATTORNEY CDs December 13, December 6, 2022 I 14:46SCjN PRINT: VICTOO 2022 I 16: 5i?'.�°.➢o��d STURE: ?/Le„..„et:)-ur �F_4EF90aF6.6E045.7 iZ by: tt7�J APPROVAL BY DEPUTY CITY MANAGER December 15, PRINT: NZERIBE Ph.D. 2022 108: SIGNATURE: IHEKWABA, P.E., 4:guby: Ppetlkt, ll walla 45F9436AFE40458 RECEIVED BY CITY MANAGER December 15, PRINT: ART 2022 I 09 SIGNATURE NORIEGA, V b sikii by: Ark iJorieSa December 15 PRINT: Ha n r9-porad2DD42A.. SIGNATURE: ,—°ocuSigned by: 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE, , PlA:I 10:07:55 SIGNATURE: PRINT: SIGNATURE: E.. e C '— E46D7560DCF1459... 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E ORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E CITY OF MIAMI MIAMI DDA FUNDING AGREEMENT — DOWNTOWN MIAMI FLAGLER STREET BEAUTIFICATION OCI PROJECT NO. 40-B30606 CITY OF MIAMI AND MIAMI DOWNTOWN DEVELOPMENT AUTHORITY FUNDING AGREEMENT This FUNDING AGREEMENT ("Agreement") is entered into this 29 day of November , 2022 ("Execution Date"), effective as of November 12, 2021 ("Effective Date"), by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, located at 444 SW 2nd Avenue, Miami, FL 33130 ("CITY"), and the MIAMI DOWNTOWN DEVELOPMENT AUTHORITY, an independent agency and instrumentality of the City of Miami, Florida, located at 200 S. Biscayne Blvd #2929, Miami, FL 33131 ("Miami DDA"). The CITY and the DDA may each be referred to as a "Party" and may collectively be referred to as the "Parties." WHEREAS, the CITY's Office of Capital Improvements ("OCI") is managing the design and construction of the Downtown Miami Flagler Street Beautification Project, OCI Project No. 40-B30606, located along Flagler Street from West 1st Avenue to Biscayne Boulevard, Miami, Florida ("Project"); and WHEREAS, the CITY duly adopted Resolution No. R-21-0207 on May 27, 2021, wherein the CITY accepting, allocating, and appropriating a contribution of funds in an amount not to exceed One Million Dollars ($1,000,000.00) for the Project, attached and incorporated as Composite Exhibit "A;" and WHEREAS, the Miami DDA duly adopted Resolution No. 052/2021 on November 12, 2021, wherein the Miami DDA allocated the not to exceed amount of One Million Dollars ($1,000,000.00) for the additional costs related to the redesign of the of the Project, attached and incorporated herein as Composite Exhibit "A;" and WHEREAS, the CITY and Miami DDA wish to enter this Agreement for the purpose of outlining the terms and conditions of the Miami DDA's allocation of One Million Dollars ($1,000,000.00) for the costs associated with the proposed redesign of the Project ("Funds"); NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties agree as follows: Page 1 DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E CITY OF MIAMI MIAMI DDA FUNDING AGREEMENT— DOWNTOWN MIAMI FLAGLER STREET BEAUTIFICATION OCI PROJECT NO. 40-B30606 TERMS 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM: The term of this Agreement shall commence on the Effective Date and shall terminate upon completion of the Project. 3. FUNDS: Subject to the terms and conditions set forth herein and the Parties compliance with all of its obligations hereunder, the Miami DDA hereby agrees to make available to the CITY the Funds to be used for the redesign of the Project (as defined in Exhibit "B", attached and incorporated herein), and as disbursed in the manner hereinafter provided. 4. DISBURSEMENT OF FUNDS: The Miami DDA shall provide the Funds to the CITY in the not to exceed amount of One Million Dollars ($1,000,000.00) which shall be disbursed to the City in one lump sum. 5. RECORDS. INSPECTIONS. REPORTS/AUDITS AND EVALUATION: The Miami DDA shall have the right to conduct audits, once every calendar year, of the CITY's records pertaining to the Funds and to visit the Project, in order to conduct its monitoring and evaluation activities. The CITY agrees to cooperate with Miami DDA in the performance of these activities. Such audits shall take place at a mutually agreeable date and time and upon the CITY's receipt of ten (10) business days written notice. At the Miami DDA's written request, and no later than thirty (30) calendar days thereafter, the City agrees to deliver a written report relating to the use of the Funds. The Miami DDA shall not submit more than three (3) written requests in a calendar year. 6. COMPLIANCE WITH FEDERAL. STATE AND LOCAL LAWS: The Parties agree to comply with and observe all applicable federal, state, and local codes, laws, rules and regulations, as they may be amended from time to time. 7. INDEMNIFICATION: The CITY shall indemnify, defend, save, and hold harmless the Miami DDA and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the Miami DDA or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to, or resulting from the negligent or wrongful act or omission of the CITY and/or its officers, Page 2 DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E CITY OF MIAMI MIAMI DDA FUNDING AGREEMENT —DOWNTOWN MIAMI FLAGLER STREET BEAUTIFICATION OCI PROJECT No. 40-B30606 employees, agents, servants, partners, principals, contractors and/or subcontractors, during the term of this Agreement. The CITY shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the Miami DDA, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The CITY expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CITY shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Miami DDA or its officers, employees, agents and instrumentalities as herein provided. Nothing herein shall be deemed to indemnify the Miami DDA from any liability or claim arising out of or relating to the negligent or wrongful act or omission of the Miami DDA, its officers, employees, or agents. The provisions in this clause shall survive the termination or expiration of this Agreement. This paragraph is subject to the limitations of Section 768.28, Florida Statutes. The Miami DDA shall indemnify, defend, save, and hold harmless the CITY and its officers, agents, employees, and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the CITY and/or its officers, employees, or agents, may incur as a result of claims, demands, suits, causes of actions, or proceedings of any kind or nature arising out of, relating to, or resulting from the negligent or wrongful act or omission of the Miami DDA and/or its officers, employees, agents, servants, partners, principals, contractors and/or subcontractors, during the term of this Agreement. The Miami DDA shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorneys' fees which may issue thereon. The Miami DDA expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Miami DDA shall in no way limit the responsibility to indemnify, keep and save harmless, and defend the CITY or its officers, employees, or agents, as herein provided. Nothing herein shall be deemed to indemnify the CITY from any liability or claim arising out of the negligent or wrongful act or omission of the CITY, its officers, employees, or agents. The provisions in this clause shall Page 3 DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E CITY OF MIAMI MIAMI DDA FUNDING AGREEMENT — DOWNTOWN MIAMI FLAGLER STREET BEAUTIFICATION OCI PROJECT No. 40-B30606 survive the termination or expiration of this Agreement. This paragraph is subject to the limitations of Section 768.28, Florida Statutes. 8. REVERSION OF ASSETS: Upon the expiration, termination, or cancellation of this Agreement, any unspent Funds shall immediately revert to the possession and ownership of the Miami DDA and the CITY shall transfer to the Miami DDA all unused Funds at the time of such expiration, termination, or cancellation. However, the CITY shall be able to use any funds already disbursed to it, or be reimbursed for any costs incurred by the CITY prior to the expiration, termination, or cancellation of this Agreement. 9. DEFAULT: If either Party fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then said Party shall be in default. Upon the occurrence of a default hereunder the non -defaulting Party, in addition to all remedies available to it in law or equity, may immediately, upon written notice to the defaulting Party, terminate this Agreement. The Parties understand and agree that termination of this Agreement under this section shall not release either Party from any obligation accruing prior to the effective date of termination. 10. TERMINATION RIGHTS: Either Party shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to the other Party at least thirty (30) business days prior to the effective date of such termination. In no event shall the Miami DDA be liable to the CITY for any additional compensation, other than that provided herein, or for any consequential or incidental damages. 11. MARKETING: The Miami DDA shall consult with the City Manager, or his or her designee, regarding all uses and displays of the recognition of the CITY. The CITY shall have the right to approve the form and placement of all acknowledgements, which approval shall not be unreasonably withheld. The CITY shall consult with the Executive Director, or his or her designee, regarding all uses and displays of the recognition of the Miami DDA. The Miami DDA shall have the right to approve the form and placement of all acknowledgements, which approval shall not be unreasonably withheld. 12. NONDISCRIMINATION: The Parties represent and warrant that each does not and will not engage in discriminatory practices and that there shall be no discrimination in connection Page 4 DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E CITY OF MIAMI MIAMI DDA FUNDING AGREEMENT — DOWNTOWN MIAMI FLAGLER STREET BEAUTIFICATION OCI PROJECT No. 40-B30606 with either Party's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. 13. ASSIGNMENT: This Agreement shall not be assigned by either Party, in whole or in part, without the prior written consent of the non -assigning Party, which may be withheld or conditioned, in the non -assigning Party's sole discretion. 14. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth (5th) day after being posted or the date of actual receipt, whichever is earlier. Miami DDA Miami Downtown Development Authority 200 S. Biscayne Blvd #2929 Miami, FL 33131 Attn: Cristina Crespi, Executive Director CITY City of Miami 444 SW 2nd Avenue, 10th Floor Miami, FL 33130 Attn: Arthur Noriega V, City Manager With copies to: Office of the City Attorney 444 SW 2nd Avenue, Suite 945 Miami, FL 33130 Attn: Victoria Mendez, City Attorney 15. PUBLIC RECORDS: The parties acknowledge that the public shall have access, at all reasonable times, to this Agreement and any related documents subject to the provisions of Chapter 119, Florida Statutes, and the Parties agree to allow access by each other and by the public to all documents subject to disclosure under applicable law. 16. GOVERNING LAW. VENUE, AND FEES: This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in all proceedings shall be in Miami -Dade County, Florida and the Parties explicitly agree to the use of this venue. The term "proceedings" shall include, but not be limited to, all meetings to resolve the dispute, including voluntary arbitration, mediation, or other alternative dispute resolution mechanism. The parties Page 5 DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E CITY OF MIAMI MIAMI DDA FUNDING AGREEMENT —DOWNTOWN MIAMI FLAGLER STREET BEAUTIFICATION OCI PROJECT No. 40-B30606 both waive any defense that venue in Miami -Dade County is not convenient. In any civil action or other proceedings between the parties arising out of the Agreement, each party shall bear its own attorney's fees. 17. WAIVER OF JURY TRIAL: Neither Party, nor any assignee, successor, heir or personal representative of either, nor any other person or entity, shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of the Agreement and/or any modifications, or the dealings or the relationship between or among such persons or entities, or any of them. Neither Party, nor any other person or entity, will seek to consolidate any such action in which a jury trial has been waived with any other action. The provisions of this paragraph have been fully discussed by the Parties hereto, and the provisions hereof shall be subject to no exceptions. No party to this Agreement has in any manner agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. 18. MISCELLANEOUS PROVISIONS: 18.1 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 18.2 No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 18.3 In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall control. 18.4 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. Page 6 DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E CITY OF MIAMI MIAMI DDA FUNDING AGREEMENT —DOWNTOWN MIAMI FLAGLER STREET BEAUTIFICATION OCI PROJECT NO. 40-B30606 19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 20. NO THIRD -PARTY BENEFICIARY RIGHTS: No provision of this Agreement shall, in any way, inure to the benefit of any third parties so as to constitute any such third party a beneficiary of this Agreement, or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any party not a party hereto. 21. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for Project activities and the Agreement is subject to amendment or termination due to lack of allocated and available funds, reduction or discontinuance of funds or change in laws, codes, rules, policies or regulations, upon thirty (30) business days' written notice. 22. FORCE MAJEURE EVENT: The failure of any Party to comply with its obligations hereunder shall be excused to the extent such Party's performance has been rendered impossible as a result of: an act of God, strike, labor dispute, war, fire, earthquake, epidemic, pandemic, riots, act of public enemies, acts or threats of terrorism, action of federal, state or local governmental authorities or for any other reason beyond the reasonable control of the Party claiming protection by reason of such force majeure event ("Force Majeure Event"). The Party claiming protection by reason of such Force Majeure Event shall give written notice to the other party as soon as practicable but no later than five (5) business days after the date the Force Majeure Event occurred. 23. AUTHORITY: Each person signing this Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such parry's obligations and the certifications hereunder have been duly authorized and that the Agreement is valid and legal agreement binding on such party and enforceable in accordance with its terms. 24. CONSTRUCTION: Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more Page 7 DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E CITY OF MIAMI MIAMI DDA FUNDING AGREEMENT —DOWNTOWN MIAMI FLAGLER STREET BEAUTIFICATION OCI PROJECT No. 40-B30606 strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. 25. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and entire agreement between the parties relating to the subject matter hereof and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 26. COUNTERPARTS; ELECTRONIC SIGNATURES: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Facsimile, .pdf and other electronic signatures to this Agreement shall have the same effect as original signatures. [Remainder intentionally left blank; Signature page to follow] Page 8 DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E CITY OF MIAMI MIAMI DDA FUNDING AGREEMENT —DOWNTOWN MIAMI FLAGLER STREET BEAUTIFICATION OCI PROJECT No. 40-B30606 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. DocuSigned by: ATTES : "CITY" CITY OF MIAMI, a municipal corporation of the State of Florida •ocu igne..y: p—DocuSigned by: r� cemer 15 2022'pp;0,5 ESTSa December 15, 2022 1 09:15:45 EST F4fi6.5&0ACF145Q `—fl50CF6C'�72RD4?o Todd B. Hannon, City Clerk Art Noriega V, City Manager DS rif APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: ,—DocuSigned by: ecem `—F1 EF90AF6FE0457... REQUIREMENTS: —DocuSigned by: December 15, 2022 6, 2022 I 16:57:43 ERMA aNktif5 ecember 6, 2022 I 10:44:42 EST Victoria Mendez City Attorney ATTEST: Elvira Manon Executive Assistant ,—DS '-27-395C6o16214E7... Ann -Marie Sharpe, Director Risk Management December 13, 2022 1 14:46:57 EST "Miami DDA" MIAMI DOWNTWON DEVELOPMENT AUTHORITY, an independent agency and instrumentality of the City of Miami, Florida Christina Crespi Executive Director Page 9 DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E CITY OF MIAMI MIAMI DDA FUNDING AGREEMENT —DOWNTOWN MIAMI FLAGLER STREET BEAUTIFICATION OCI PROJECT No. 40-B30606 COMPOSITE EXHIBIT A DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E City of Miami Resolution R-21-0207 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 9005 Final Action Date: 5/27/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING, ALLOCATING, AND APPROPRIATING A CONTRIBUTION OF FUNDS IN AN AMOUNT NOT TO EXCEED ONE MILLION DOLLARS ($1,000,000.00) OVER A FOUR (4) YEAR PERIOD FROM THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("MIAMI DDA"), AS REFERENCED IN MIAMI DDA RESOLUTION NO. 022/2018, ATTACHED AND INCORPORATED AS EXHIBIT "A", FOR THE FLAGLER STREET BEAUTIFICATION AND RECONSTRUCTION PROJECT AND APPROPRIATING SAID FUNDS TO THE CITY OF MIAMI'S ("CITY") OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-B30606 ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE AND FOR ALL NECESSARY BUDGETARY AND FINANCIAL COMPLIANCE PURSUANT TO FEDERAL, STATE OF FLORIDA, AND LOCAL LAWS, THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. WHEREAS, in June 2011, the Downtown Development Authority of the City of Miami, Florida ("Miami DDA") initiated the Flagler Street Beautification and Reconstruction Project within the City of Miami ("City"), which encompasses reconstruction and modernization efforts including but not limited to updates to the drainage, streetscape, sidewalks, and signage, from Northwest 1st Avenue to Biscayne Boulevard as Project No. 40-B30606 ("Project"), pursuant to the Downtown Master Plan, which envisions restoring Flagler Street to its historic role as Downtown's pedestrian -oriented main street; and WHEREAS, the Miami DDA is a stakeholder of the Project and a member of the Design Advisory Group that has provided advice and support consistent with the Miami DDA's goals; and WHEREAS, the City and the Miami DDA have determined that the Project is in the best interests of the businesses, visitors, and residents of the City and the Miami DDA desires to contribute funds towards the Project in an amount not to exceed One Million Dollars (11,000,000.00") ("Contributed Funds") over a four (4) year period beginning in Fiscal Year 2020-2021 for the new design and subsequent modifications subject to full funding by Miami - Dade County and the City as well as review by the Flagler Street Task Force pursuant to Miami DDA Resolution No. 022/2018 adopted on June 15, 2018, attached and incorporated as Exhibit "A"; and WHEREAS, due to unforeseen events, the Project funding year for the Contributed Funds is beginning in Fiscal Year 2020-2021 and the Contributed Funds will be added to the City of Miami Page 1 of 2 File ID: 9005 (Revision:) Printed On: 9/22/2022 DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E File ID: 9005 Enactment Number: R-21-0207 City's Fiscal Year 2020-2021 Capital Plan by a separate City Commission Resolution amending the Capital Plan; 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 City Manager is authorized' to accept, allocate, and appropriate the Contributed Funds over a four (4) year period from the Miami DDA as referenced in Miami DDA Resolution No. 022/2018, attached and incorporated as Exhibit "A", for the Project and to appropriate said funds to OCI Project No. 40-B30606. Section 3. The City Manager is further authorized' to negotiate and execute any and all other necessary documents with the Miami DDA, all in forms acceptable to the City Attorney, for said purpose and for all necessary budgetary and financial compliance pursuant to Federal, State of Florida, and local laws, the Charter of the City of Miami, Florida, as amended, and the Code of the City of Miami, Florida, as amended. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, 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. City of Miami Page 2 of 2 File ID: 9005 (Revision:) Printed on: 9/22/2022 DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E RESOLUTION NO. 022/2018 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA ALLOCATING UP TO ONE MILLION DOLLARS ($1,000,000.00) OVER A FOUR- YEAR PERIOD BEGINNING IN FISCAL YEAR 2018-2019 TO THE FLAGLER STREET BEAUTIFICATION AND RECONSTRUCTION PROJECT FOR ADDITIONAL COSTS RELATED TO A PROPOSED REDESIGN, SUBJECT TO COMMITTED FUNDING FROM MIAMI-DADE COUNTY AND THE CITY OF MIAMI AS WELL AS REVIEW BY THE FLAGLER STREET TASK FORCE. WHEREAS, one of the 2025 Downtown Miami Master Plan's goals is to "create great streets and community spaces" including recommendations to "support public realm improvements between downtown and adjacent neighborhoods and to `orient streets towards pedestrians' needs and preferences"; and WHEREAS, one of the 2025 Downtown Miarni Master Plan's goals is to "redevelop Flagler Street into Miami's pedestrian oriented main street"; and WHEREAS, the Flagler Street Task Force ("FTSF") has been meeting since June 2011 and initiated the Flagler Street Beautification and Reconstruction Project ("Project"); and WHEREAS, as an economic development agency, the Miami Downtown Development Authority of the City of Miami, Florida ("Miami DDA") views the reconstruction of Flagler Street as both a transportation project and a critical economic development project that will create jobs and act as a catalyst for further redevelopment and revitalization of Downtown Miami, the City of Miami ("City"), and Miami - Dade County ("County"); and WHEREAS, the City is ultimately responsible for the construction related to the Project and WHEREAS, on December 13, 2013, the Board of Directors of the Miami DDA passed a resolution approving "the Flagler Streetscape Design Plan by the Curtis + Rogers design firm;" and WHEREAS, after the City terminated the first contractor for the Project, the Miami DDA, on July 21, 2017, endorsed the FSTF's recommendation of Lanzo Construction as the new contractor to take over "the remaining nine (9) phases of the Beautification and Reconstruction Project in the most efficient and least disruptive manner to complete the project;" and WHEREAS, at the conclusion of the first 90 day pause, the FSTF passed a motion requesting that the City delay the execution of the contract with Lanzo Construction for an additional ninety (90) days while Mane MIAMI, the City, and the Miami DDA determined in detail how the capital and maintenance cost differential would be funded and the impacts of such changes on the timeline, which was approved by the Board of Directors of the Miami DDA via Resolution 006/2018 adopted on February 16, 2018 and Resolution 018/2018 adopted on May 18, 2018; and Pagelof2 DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E WHEREAS, the new design and subsequent modifications to the Project will add approximately $10.3 million to the Project's costs; and WHEREAS, as detailed in Exhibit "A", attached and incorporated, the City has committed additional funds to facilitate the new design and subsequent modifications to the Project; and WHEREAS, the Mayor Carlos Gimenez has committed additional funds from the County to facilitate the new design and subsequent modifications to the Project subject to approval by the Board of County Commissioners; and WHEREAS, the Board of Directors of the Miami DDA Board hereby agrees to contribute up to $1 million over a four-year period for the new design and subsequent modifications to the Project subject to full funding from the City and the County as well as review by the FSTF; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE MIAMI DDA: Section 1. The recitals are true and correct and are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Board of Directors of the Miami DDA approves an allocation of up to one million dollars ($1,000,000.00) over a four-year period beginning in Fiscal Year 2018-2019 to the Project for additional costs related to the proposed redesign subject to committed funding from the County and the City as well as review by the FSTF. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED, this 15th day of June, 2018. AT TE v'nne de la Vega Secretary to the Board of Directors ussell, Chairman 6. . Ro ertso Alyce `n, Executive Director Page2of2 DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E RESOLUTION NO. 052/2021 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA APPROVING THE DISBURSEMENT OF ONE MILLION DOLLARS ($1,000.000.00) TO THE CITY OF MIAMI ("CITY") FOR THE FLAGLER STREET BEAUTIFICATION AND RECONSTRUCTION PROJECT ("PROJECT") FOR COSTS RELATED TO A REDESIGN OF THE PROJECT; FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE AN AGREEMENT AS WELL AS ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE GENERAL COUNSEL, FOR THE PURPOSES STATED HEREIN. WHEREAS, one of the 2025 Downtown Miami Master Plan's ("Plan") goals is to "create great streets and community spaces" including recommendations to "support public realm improvements between downtown and adjacent neighborhoods and to 'orient streets towards pedestrians' needs and preferences"'; and WHEREAS, another of the Plan's goals is to "redevelop Flagler Street into Miami's pedestrian oriented main street"; and WHEREAS, in June 2011, the Flagler Street Task Force ("FTSF") initiated the Flagler Street Beautification and Reconstruction Project ("Project"); and WHEREAS, as an economic development agency, the Miami Downtown Development Authority of the City of Miami, Florida ("Miami DDA") views the Project as both a transportation project and a critical economic development project that will create jobs and act as a catalyst for further redevelopment and revitalization of Downtown Miami, the City of Miami ("City"), and Miami- Dade County ("County"); and WHEREAS, the City is ultimately responsible for the construction related to the Project; and WHEREAS, on December 13, 2013, the Board of Directors of the Miami DDA passed a resolution approving "the Flagler Streetscape Design Plan by the Curtis + Rogers Design Studio;" and WHEREAS, after the City terminated the first contractor for the Project, the Miami DDA, on July 21, 2017, endorsed the FSTF's recommendation of Lanzo Construction as the new contractor to take over"the remaining nine (9) phases of the Beautification and Reconstruction Project in the most efficient and least disruptive manner to complete the project;" and WHEREAS, subsequently, the FSTF passed a motion requesting that the City delay the execution of the contract with Lanzo Construction for an additional ninety (90) days to allow Mana MIAMI, the City, and the Miami DDA to modify the Project and determine in detail how the capital and maintenance cost differential as a result of the modifications would be funded and the impacts of such changes on the timeline, which was approved by the Board of Directors of the Miami DDA via Resolution No. 006/2018 adopted on February 16, 2018 and Resolution No. 018/2018 adopted on May 18, 2018; and DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E WHEREAS, the new design and subsequent modifications to the Project added approximately $10.3 million to the Project's costs; and WHEREAS, the City has committed additional funds to facilitate the new design and subsequent modifications to the Project; and WHEREAS, the County has also committed additional funds to facilitate the new design and subsequent modifications to the Project subject to approval by the Board of County Commissioners; and WHEREAS, on June 15, 2018, the Board of Directors of the Miami DDA agreed to contribute up to one million dollars ($1,000,000.00) to the Project over a four-year period to cover the cost related to the redesign of the Project; and WHEREAS, the Miami DDA has been allocating funds over the last four (4) years and currently has the full amount of one million dollars ($1,000.000.00) available for disbursement to the City for the Project; and WHEREAS, the Board of Directors of the Miami DDA approves the disbursement of one million dollars ($1,000.000.00) to the City for costs related to the Project redesign; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA: Section I: The recitals and finding contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Board of Directors approves the disbursement of one million dollars ($1,000,000.00) to the City for additional costs related to the proposed redesign of the Project. Section 3. The Executive Director is authorized to negotiate any and all agreements necessary, all in forms acceptable to the City Attorney, for the purposes stated herein. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 12th day of November, 2021. ,1 IE..,i�: Ivo-tine de la Vega Secretary to the Board ofDirec.ors 14. Commissioner Manolo R . es, Chairman f Chti ma spi, Executive Director DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E RESOLUTION 006/2018 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("MIAMI DDA"), APPROVING THE FLAGLER STREET TASK FORCE'S RECOMMENDATION TO EXPLORE THE OPTION OF MODIFYING THE FLAGLER STREET BEAUTIFICATION AND RECONSTRUCTION PROJECT ('PROJECT") TO INCORPORATE PAVERS; FURTHER APPROVING THE EXTENSION OF NINETY (90) DAYS TO THE ORIGINAL DEADLINE IN ORDER TO ALLOW THE CITY OF MIAMI TO IDENTIFY FUNDING FOR ANY COST DIFFERENTIALS AND THE IMPACTS OF SUCH CHANGES ON THE PROJECT TIMELINE; DIRECTING THE EXECUTIVE DIRECTOR TO FORWARD A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN; FURTHER DIRECTING THE EXECUTIVE DIRECTOR TO WORK WITH THE MIAMI DDA'S LOBBYISTS TO URGE MIAMI-DADE COUNTY TO CONTINUE FUNDING THE PROJECT WITH PREVIOUSLY COMMITTED FUNDS. WHEREAS, one of the 2025 Downtown Miami Master Plan's goals is to "create great streets and community spaces" including recommendations to "support public realm improvements between downtown and adjacent neighborhoods and to 'orient streets towards pedestrians' needs and preferences"'; and WHEREAS, one of the 2025 Downtown Miami Master Plan's goals is to "redevelop Flagler Street into Miami's pedestrian oriented main street"; and WHEREAS, the Flagler Street Task Force ("FSTF') of the Miami Downtown Development Authority of the City of Miami, Florida ("Miami DDA") has been meeting since June 2011 and initiated the Flagler Street Beautification and Reconstruction Project ("Project"); and WHEREAS, as an economic development agency, the Miami DDA views the reconstruction of Flagler Street as both a transportation project and a critical economic development project that will create jobs and act as a catalyst for further redevelopment and revitalization of Downtown Miami, the City of Miami ("City"), and Miami -Dade County ('County"); and WHEREAS, the City is ultimately responsible for the construction related to the Project; and WHEREAS, on December 13, 2013, the Miami DDA passed a Resolution approving "the Flagler Streetscape Design Plan by the Curtis & Rogers design firm"; and Page 1 of 3 DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E WHEREAS, the City engaged a contractor for the purposes of the Project but subsequently terminated the contractor, and WHEREAS, after the City terminated the first contractor for the Project, the Miami DDA on July 21, 2017 endorsed the FSTF's recommendation of Lanzo Construction ("Lanzo") as the new contractor to take over "the remaining nine (9) phases of the Project in the most efficient and least disruptive manner to complete the Project;," and WHEREAS, the City began negotiations with Lanzo to continue with the Project; and WHEREAS, after considering a proposal by Mana MIAMI, the FSTF unanimously passed a motion requesting that the City delay the execution of the contract with Lanzo for ninety (90) days while Mana MIAMI works with the City, BCC Engineering, Curtis & Rodgers, the Miami DDA, and AECOM on a validation process for redesigning the street to include pavers in the Project, which was approved by the Board of Directors of the Miami DDA through Resolution No. 039/2017 on October 20, 2017; and WHEREAS, after receiving news that the incorporation of pavers and subsequent modifications to the street into the Project will add nearly $6 million to the Project's budget and approximately 18 months to the Project timeline, the FSTF passed a Resolution on January 29, 2018 supporting the initial paver concept; and WHEREAS, the January 29, 2018 Resolution of the FSTF also requests within ninety (90) days that 1) the cost differential be identified; 2) the status of current funding for the Project be described; 3) additional funding be identified based on the proposed modifications to the Project; 4) the responsibility for short and long- term maintenance be identified; 5) the final materials to be used in the Project be identified; and 6) a proposed timeline be finalized based on the new modifications to the Project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE MIAMI DOWNTOWN DEVELOMPENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals are true and correct and are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Board of Directors of the Miami DDA approves the FSTF's recommendation to explore the option of modifying the Project to incorporate pavers, and approves the delay of the Project for an additional ninety (90) day period to identify in detail how the capital and maintenance cost differential will be funded and the impacts of such changes on the Projects timeline. Section 3. The Executive Director is directed to forward a copy of this Resolution to Mayor Francis X. Suarez, City Manager Emilio T. Gonzalez, and Acting Capital Improvement Projects Director Hector Badia. Page 2of 3 DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E Section 4. The Executive Director is directed to work with the Miami DDA's lobbyists to urge Miami -Dade County ("County') to continue funding the Project as previously committed to by the County. Section 5. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED, this 164,11 day of February, 2018. ATTE .. T: Ivonne de la Vega Secretary to the Board of Directors .'tgmmispie1ier Ken Russell, Chairman f � 1 4-4,a Alyce M. Robertson, Executive Director Page sofa DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E RESOLUTION NO. 018/2018 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY ("MIAMI DDA") OF THE CITY OF MIAMI, FLORIDA APPROVING THE FLAGLER STREET TASK FORCE'S RECOMMENDATION TO EXPLORE FURTHER THE OPTION OF MODIFYING THE FLAGLER STREET BEAUTIFICATION AND RECONSTRUCTION PROJECT ("PROJECT") TO INCORPORATE PAVERS IN IT AND TO ADD THIRTY (30) DAYS TO THE 180 DAY PAUSE TO IDENTIFY IN DETAIL HOW THE CAPITAL IMPROVEMENTS WILL BE FUNDED IN -PART OR FULLY BY A FLAGLER STREET PROPERTY OWNER ASSESSMENT. WHEREAS, one of the 2025 Downtown Miami Master Plan's goals is to "create great streets and community spaces" including recommendations to "support public realm improvements between downtown and adjacent neighborhoods and to 'orient streets towards pedestrians' needs and preferences"; and WHEREAS, one of the 2025 Downtown Miami Master Plan's goals is to "redevelop Flagler Street into Miami's pedestrian oriented main street"; and WHEREAS, the Flagler Street Task Force ("FSTF") has been meeting since June 2011 and initiated the Flagler Street Beautification and Reconstruction Project ("Project"); and WHEREAS, as an economic development agency, the Miami Downtown Development Authority ("Miami DDA") of the City of Miami, Florida views the reconstruction of Flagler Street as both a transportation project and a critical economic development project that will create jobs and act as a catalyst for further redevelopment and revitalization of Downtown Miami, the City of Miami ("City"), and Miami -Dade County ("County"); and WHEREAS, the City is ultimately responsible for the construction related to the Project; and WHEREAS, on December 13, 2013 the Miami DDA passed a resolution approving "the Flagler Streetscape Design Plan by the Curtis + Rogers design firm," and WHEREAS, after the City terminated the first contractor for the Project, the Miami DDA, on July 21, 2017 endorsed the FSTF's recommendation of Lanzo Construction as the new contractor to take over "the remaining nine (9) phases of the Beautification and Reconstruction Project in the most efficient and least disruptive manner to complete the project;" and WHEREAS, after considering a proposal by Mana MIAMI, the FSTF passed a motion requesting that the City delay the execution of the contract with Lanzo Construction for ninety (90) days while Mana MIAMI works with the City, BCC Engineering, Curtis & Rodgers, the Miami DDA, and AECOM on a validation process for redesigning the street to include pavers in the Project, which was approved by the Miami DDA Board through resolution 039/2017 on October 20, 2017; and WHEREAS, at the conclusion of the first 90-day pause, the FSTF passed a motion requesting that the City delay the execution of the contract with Lanzo Construction for an additional ninety (90) days while Mana Page 1 of 2 DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E MIAMI, the City of Miami and the Miami DDA determined in detail how the capital and maintenance cost differential would be funded and the impacts of such changes on the timeline, which was approved by the Miami DDA Board through resolution 006/2018 on February 16, 2018; and WHEREAS, after receiving news that the incorporation of pavers and subsequent modifications to the street into the Flagler Street Beautification and Reconstruction Project will add more than $7 million to the project's budget and approximately 18 months to the project timeline, and that Mane MIAMI proposed paying this cost differential through a special assessment on the Flagler Street property owners, the FSTF passed a motion on May 16, 2018 requesting an additional 30 days to allow the City of Miami to determine how this property assessment would be implemented and the cost of such an assessment to the property owners on Flagler Street. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE MIAMI DDA: Section 1. The recitals are true and correct and are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Board of Directors of the Miami DDA approves the FSTF's recommendation to delay the Flagler Street Beautification and Reconstruction Project for an additional thirty (30) day period to identify in detail how a property assessment could be implemented to help pay for the cost differential of the pavers in party or fully by the Flagler Street property owners. PASSED AND ADOPTED, this 18th day of May, 2018. Ivonne de la Vega Secretary to the Board of Directors en Russell, Chairman Christina Crespi, Acting Executive Director Page 2 of DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E CITY OF MIAMI MIAMI DDA FUNDING AGREEMENT — DOWNTOWN MIAMI FLAGLER STREET BEAUTIFICATION OCI PROJECT No. 40-B30606 EXHIBIT B DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E Flagler Street - Full Festival Street Option June 15, 2018 Introduction and New Cost Estimate • The City has reviewed the cost estimate and the total project cost has increased from $24.970 million to $27.572 million • The deficit has grown from $7.738 million (as presented at the last Task Force Meeting) to $10.340 million, toward which the County's 'halvsies' of $3.800 million could be applied • So, the City can provide additional funds, but not the entire $10.340 million, or even the $6.540 million after the County's $3.800 million is applied • The proposal is to have financial support from all stakeholders New Funding Proposal • So, the City is proposing that the County provide a true 'halvsies' (which means $4.170 million more from the County) (not $3.8 million) with new additional City funding of $4.170 million • And, the City is proposing that the DDA contribute $250,000 for each of the next four years ($1,000,000) • And, the City is proposing that there be a second, one-time assessment of $1 million, with the City funding its equity share of the second assessment in addition to the above $4.170 million • This would mean $4.170 million more from the City o and $4.170 million more from the County o and $1 million more from the owners o and $1 million new funding from the DDA • Leaving the total amount from the City $14.533 million (53%) from the County $10.170 million (37%) from the DDA $1 million (3%) from the Owners $1.869 million (7%) DocuSign Envelope ID: 2EB95EF3-02AC-4688-BD32-866D6F18E46E (and the City would pay its share of the new assessment) B-30606 Flagler Street - Option 2 1 2 3 4 6-13-2018 6 7 9 9 10 11 :7 13 14 1fi 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2018 l 2019 I. 2020 l 2021 l 2022 FY' 18-19 FY' 19-20 FY' 21-22 FY' 21-22 ff k > c -2 a ? 2-,; C '0 a Cl ln oz > 0 c -, -2 1ga N O. T t C ' a O- 6, r✓ o > z U c p 1 J]2a8- LL 2�a c - 4 '0 ao> 6, - z 0 2, I _ 2 a T - a 4ozo,u2 nI acB oProcurement Design RFQ l 1 1 l Design I 1 ITB I I i I Permitting 1 1 r 1 Construction Startup } —' Phase 1 l I 1 1 Phase 2 I I I Phase 3 C 1 1 Phase 4 I 1 I Phase 5 I ! I I I ! I I Phase 6 1 1 I 1 Phase 7 I I I I I Phase 8 I I I f I Phase 9 ! 1 1 1 Phase 10 ! I 1 I I i 1 Phase 11 I 1 i 1 Phase 12 I _ 1 I i Phase 13 I I I 1 i Closeout I 1 ' 1 1 1 _ Monthly Cumulative Expeditures m I, N IN1h ri V N Iff CO f` Cr ri ,-1 frl N V4 th V} l0 01 V 00 V1 m O P..Ill La O m V r-I Q` c-,l 1N o1 lD rri 01 ID 4 Ni C] O m lD 01 r-I et n O m 01 40 m In CO O N ul 10 CJ CO 4D Ni- W u, r-I 04 ID m m V 00 r--I rm-I rm-I N N V} th V1. in th ih in VI- 4h N 01 O W Vl 00 19 m ut CO ri CO ri d' 01 tD rs N m m VI- in in 40 a CO m m O O1 c„ m r-I 0, l0 '0' NI 01 Cn r-I 01 u3 Ci Ni 6 cal r-, r- O l0 01 N m 00 O N C l0 00 O m N r O 1` G 00 ci r-I ' m' 01 4D tD 65 0 a a 1n 31 N .0 O 00 Ln Ln Q1 m .4 rt th +n in th th V} th In. in up 0 a c,,, r0 r, 6-1 O N N V 01 G 01 V a,m co m O m W 6- 6 la ui 6 V .4 o rl hi hi ,4 l0 00 O N V lD 00 O N V 0 00 tD 00 N m m r 01 N V O 00 O CT ,_i lD 0- O N ul n 01 3-i 01 C m t-1 01 n 40 Cr N 0 00 n Ih C N l0 ID n co 01 O ,-1 N n1 Cf In 4O It CO 01 O N. ml' a Irl tD r-I '-I .-I r-1 rt r-I in V• Vs th in. 4/1 VT 01- V1 th Ih In. ri 00 n 40 O 00 r-I m CO N N N N m V ti 6 O o; o 06 N N O N R In h. al O ri m ut n 01 r-I m m N 4D 00 O N Ill f• ri Vl m 01 O CO lD Cr CO - cr Ifl l0 lD n 00 CO .-I 1\ 00 of O .-- N N Hl r-I ri r-I N N N N N th in ih in VT in. ih N Yearly Expenditures $ 263,730.27 $ 3,093,717.70 $ 12,996,633.85 3 6,761,130.59 Cumulative Expenditures $ 263,730.27 $ 3,357,447.97 $ 16,354,081.82 $ 23,115,212.41 PROJECT BEGINS ranUi WE51 FLAGLER STREE� Ye 0I w 1st ST 0 Miami -Dad* County COW10oese 51 6 Claude s. Pe9Pel federal Bldg. 27 Biscayne Bldg. PNans�. Pliasa.iir rePnaoess2 MOcy's Seybold Bldg, 36 Tlag , to Coo,0004rt/1.srns It 12C 129 133 Phase 4 Pr1� Phase 0. _. x lit 200 130 ;Se I.,.R rtr. O ;cc 110 .113124 134 144 La EPoca 226 >� Sunroofyn® Oy:Pia -...N.,, NfemaRer One Biscayne 2 Theatercenter DuPont Building gWhi1e Bldg. ...ler Building 201 217 223 231 244 Marshal's 4B , Flagter Station Flaaler Information Center , a, 3917386394998-Z£48-889b-0VZO-£33S683Z:al adoIanu3 u6!Snooa Flagler Street Cost Estimates Information provided are best possible estimates. These may change during design Project Cost are estimates based on linear feet of roadway and cost per foot of section Item Option 2: Proposed Design 1 2018 2019 2020 2021 Cost Duration (months) 3.0% 3.0% 3.0% 1.5% $ 17,613,310.00 $ 18,141,710.30 _ $ 18,685,962.61 $ 18,966,253.05 Construction Cost $ 17,100,300.00 22 Soft Cost (2%) $ 340,000.00 $ 340,000.00 $ 340,000.00 $ 340,000.00 $ 340,000.00 Engineering (3%) $ 513,009.00 10 $ 513,009.00 $ 513,009.00 $ _ 513,009.00 $ 513,009.00 PO/Permitting $ 20,000.00 2 $ _ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 ** Repayment of Street Bond $ 500,000.00 $ 500,000.00 $ 500,000.00 $ 500,000.00 $ 500,000.00 CEI $ 500,000.00 $ 500,000.00 $ 500,000.00 $ 500,000.00 $ 500,000.00 Contingencies Owners Contingency (10%) $ 1,710,030.00 $ 1,761,331.00 $ 1,814,171.03 $ 1,868,596.26 $ 1,896,625.30 Unforeseen (2%) $ 342,006.00 $ 352,266.20 $ 362,834.21 $ 373,719.25 $ 379,325.06 Totals $ 20,683,339.00 44 $ 21,599,916.20 $ 22,191,724.54 $ 22,801,287.12 $ 23,115,212.41 ` Current City / County Funding $ 11,907,370.00 $ 11,907,370.00 $ 11,907,370.00 I $ 11,907,370.00 $ 11,907,370.00 * Property Owners Assessment $ 869,322.00 $ 869,322.00 $ 869,322.00 $ 869,322.00 $ 869,322.00 County Funding $ 3,800,000.00 $ 3,800,000.00 $ 3,800,000.00 $ 3,800,000.00 $ 3,800,000.00 Subtotal $ 16,576,692.00 $ 16,576,692.00 $ 16,576,692.00 $ 16,576,692.00 $ 16,576,692.00 Surplus or (Overrun) Funds $ (4,106,647.00) $ (5,023,224.20) $ (5,615,032.54) $ (6,224,595.12) $ (6,538,520.41) 391738639a998-Z£a8-889b-adZO-£33S683Z:al adoIanu3 u6!Snooa Olivera, Rosemary From: Bastidas, Carolina Sent: Tuesday, February 14, 2023 9:53 AM To: LegalServices; Hannon, Todd; Lee, Denise; Olivera, Rosemary; McGinnis, Lai -Wan Cc: McKinnon, Charles Subject: Executed DDA Grant Agreement for Flagler Street Beautification_B30606 Attachments: Executed Grant Agreement_DDA_Flagler Street Beautification_B30606.pdf Good Morning, Please see the attached fully executed grant agreement for the project in subject. Thank you, Carolina Bastidas Administrator -Consultant City of Miami Office of Capital Improvements 444 SW 2nd Avenue, 8t" Floor Miami, Florida 33130 Office: (305) 416-1018 Email: cbastidas@miamigov.com 1