HomeMy WebLinkAbout24326AGREEMENT INFORMATION
AGREEMENT NUMBER
24326
NAME/TYPE OF AGREEMENT
DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF
MIAMI
DESCRIPTION
ARPA GRANT FUNDING AGREEMENT/FLAGLER RECOVERY
GRANT PROGRAM/FILE ID: 11145/R-21-0502/MATTER ID: 21-
2885
EFFECTIVE DATE
February 8, 2023
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
3/27/2023
DATE RECEIVED FROM ISSUING
DEPT.
3/28/2023
NOTE
DOCUSIGN AGREEMENT BY EMAIL
DocuSign Envelope ID: 7B292B26-0E01-4C83-89BB-DCEB2FB27C80
CITY OF MIAMI
DOCUMENT ROUTING FORM
* e9Anu k
31.10
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ORIGINATING DEPARTMENT: Office of Management & Budget
DEPT. CONTACT PERSON: Gabriel Brito EXT. 305-416-1203
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Downtown Development Authority of the
City of Miami - Flagler Recovery Grant Program and Incentive Fund Program (ARPA)
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO
TOTAL CONTRACT AMOUNT: $1,000,000.00 FUNDING INVOLVED? ® YES ❑ NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
® GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
OTHER: (PLEASE SPECIFY): ARPA GRANT FUNDING AGREEMENT
PURPOSE OF ITEM (BRIEF SUMMARY): Execution of Grant Agreement Downtown Development Authority — Flagler
Recovery Grant and Incentive Fund Program (ARPA)
COMMISSION APPROVAL DATE: 12/9/2021
FILE ID: 11145 ENACTMENT NO.: R-21-0502
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
N/A
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
March 21, 2023 I 20:52:42 EDT
PRINT: MARIE
SIGNATURE:
"MAGGIE" GOUIN
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SUBMITTED TO RISK MANAGEMENT
March 22, 2023 I 06:38:44 EDT
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SIGNATURE:
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SIGNATURE:
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March 24, 2023
SUBMITTED TO CITY ATTORNEY >1�Docnsi9netlby:
I 09:18:01 EDT
March 24, 2023 I 13:03:27 EDT
RECEIVED BY CFO/ ASSISTANT CITY MANAGER
March 27, 2023 I 11:26:28 EDT
PRINT: LARRY
SIGNATURE:
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SIGNATURE,
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APPROVAL BY CITY MANAGER
March 27, 2023 I 11:41:14 EDT
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ATTESTED BY CITY CLERK
March 27, 2023 1 19:33:44 EDT
PRINT: TODD
SIGNATURE
B. HANNON
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PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
DocuSign Envelope ID: 7B292B26-0E01-4C83-89BB-DCEB2FB27C80
CITY OF MIAMI, FLORIDA
OFFICE OF MANAGEMENT AND BUDGET
THE AMERICAN RESCUE PLAN ACT OF 2021
("ARPA") GRANT FUNDING AGREEMENT
This Agreement (hereinafter the "Agreement") is entered into this 8th day of
February , 2023, between the City of Miami, a municipal corporation of the State of
Downtown Development Authority of the City
of Miami
Florida (hereinafter the "CITY"), &
an independent agency and instrumentality
of the City of Miami, Florida,
(hereinafter referred to as the "PROVIDER").
FUNDING SOURCE: United States Department of the Treasury
CFDA# (If applicable):
AMOUNT: $ 1,000,000.00
TERM OF AGREEMENT: See Section 3.2
PROJECT NUMBER:
DUNS® NUMBER:
AGENCY'S ADDRESS: 200 S. Biscayne Boulevard, Suite 2929
Miami, FL 33131
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WITNESSETH
WHEREAS, the scope of services described in the Agreement are authorized through the
Act and the Resolution, with funding from the United States Department of the Treasury; and
WHEREAS, the City Commission of the City of Miami authorized the City Manager to
execute the necessary agreements with the PROVIDER so that PROVIDER can provide its Flagler
Recovery Grant Program and Incentive Fund Program; and
WHEREAS, the parties hereto have agreed to the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set
forth, the parties understand and agree as follows:
ARTICLE I
EXHIBITS AND DEFINITIONS
1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following
Exhibits:
Exhibit A PROVIDER Resolution Authorizing Execution of this Agreement
Exhibit B Scope of Services
Exhibit C Compensation and Budget Summary
Exhibit D Certification Regarding Lobbying Form
Exhibit E Certification Regarding Debarment, Suspension and other
Responsibility Matters (Primary Covered Transactions Form)
Exhibit F Crime Entity Affidavit
Exhibit G Insurance Requirements
Exhibit H Programmatic Reporting Requirements
1.2 DEFINED TERMS. As used herein the following terms shall mean:
Funds:
The $1,000,000.00 paid to PROVIDER in exchange for PROVIDER
completing the activities described in the Scope of Services set forth in
Exhibit B.
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Agreement Records: Any and all books, records, documents, information, data, papers,
letters, materials, and computerized or electronic storage data and
media, whether written, printed, computerized, electronic or electrical,
however collected or preserved, which is or was produced, developed,
maintained, completed, received or compiled by or at the direction of
the PROVIDER or any subcontractor in carrying out the duties and
obligations required by the terms of this Agreement, including, but not
limited to, financial books and records, ledgers, drawings, maps,
pamphlets, designs, electronic tapes, computer drives and diskettes or
surveys.
CFR: Code of Federal Regulations.
Department: The City of Miami Office of Management and Budget or its designee.
Federal Award: Any federal funds received by the PROVIDER from any source during
the period of time in which the PROVIDER is performing the
obligations set forth in this Agreement.
Pro L'ram: Flagler Recovery Grant Program and the Incentive Fund Program which
is pursuant to the American Rescue Plan Act of 2021, Pub. L. No. 117-
2 (March 11, 2021) (the "Act"), 31 CFR Part 35 ("Final Rule"), and by
City of Miami's City Commission through Resolution No. R-21-0502
(the "Resolution") with funding from the United States Department of
the Treasury.
PROVIDER: The entity identified on Page 1 of this Agreement. The PROVIDER may
also be referred to as the SUBRECIPIENT and both terms may be used
interchangeably.
Treasury: The United States Department of the Treasury.
ARTICLE II
BASIC REQUIREMENTS
The following documents must be approved by the CITY and must be on file with the Department
prior to the CITY's execution of this Agreement:
2.1 The Scope of Services submitted by the PROVIDER to the CITY which shall become
attached hereto as Exhibit "B" to this Agreement and shall include the following:
2.1.1 The description section shall detail the activities and/or services to be carried out
by the PROVIDER and the goals of the activities and/or services being provided.
It should specifically describe the activities and/or services to be carried out as a
result of the expenditure of Funds. Where appropriate it should list measurable
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objectives, provide metrics, define the who, what, where and when of the services
and/or project, and in general detail how these activities will ensure that the
intended beneficiaries will be served.
2.1.2 The schedule should provide projected milestones and deadlines for the
accomplishment of tasks in carrying out the Scope of Services. These projected
milestones and deadlines are a basis for measuring actual progress during the term
of this Agreement. These items shall be in sufficient detail to provide a sound basis
for the CITY to effectively monitor performance by the PROVIDER under this
Agreement.
2.1.3 A Statement of Need should be provided and, if available, it is recommended to
provide any applicable data and source citations for said data.
2.1.4 The Scope of Services should provide a Project/Program Objective which shall
include the population being served and any applicable and available demographic
information.
2.1.5 Identify any key factors of the Scope of Services that demonstrate why the activities
and/or services are eligible for ARPA Funding.
2.1.6 If the Scope of Services uses evidence -based interventions, the PROVIDER must
provide the evidence base for the interventions that are ARPA funded. PROVIDER
shall identify the total dollar amount of the Award allocated towards evidence -
based interventions in the Budget Summary identified in Section 2.2 of this
Agreement.
2.1.7 The PROVIDER shall include an estimated project timeline for the activities and/or
services identified in the Scope of Services. Said project timeline shall be in
accordance with Section 3.2 of this Agreement.
2.2 The Budget Summary attached hereto as Exhibit "C", including the PROVIDER's Itemized
Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule and a copy of all
subcontracts.
2.3 A list of the PROVIDER's present officers and members of the Board (names, addresses, and
telephone numbers.)
2.4 A list of key staff persons (with their titles) who will carry out the Scope of Services.
2.5 Completion of an Authorized Representative Statement, in a form acceptable to the CITY.
2.6 Completion of a Statement of Accounting System.
2.7 A copy of the PROVIDER's corporate personnel policies and procedures.
2.8 Job description and resumes for all positions funded in whole or in part under this
Agreement.
2.9 Intentionally omitted.
2.10 The following corporate documents:
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(i) Bylaws, resolutions, and incumbency certificates for the PROVIDER, certified by
the PROVIDER's Corporate Secretary, authorizing the consummation of the
transactions contemplated hereby, all in a form satisfactory to the CITY.
2.11 Acceptance of federal requirements applicable to the Program under 2 CFR Part 200,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards; acceptance of the requirements contained under the Act and Lead Based
Paint regulations under 24 CFR Part 35.
2.12 ADA Requirements.
2.13 Drug Free Certification.
2.14 All other documents reasonably required by the CITY.
ARTICLE III
TERMS AND PROCEDURES
3.1 CITY AUTHORIZATION. For the purpose of this Agreement, the Department will act on
behalf of the CITY in the fiscal control, programmatic monitoring and modification of this
Agreement, except as otherwise provided in this Agreement.
3.2 EFFECTIVE DATE AND TERM:
The effective date of this Agreement is the date that the City Clerk signs this Agreement
("Effective Date"). The term of this Agreement shall commence on the Effective Date and shall
expire one (1) year thereafter unless extended per written agreement by both parties. Pursuant to
the Final Rule, the funds must be expended by December 31, 2026, and therefore this Agreement
shall not be extended beyond said date. The term of this Agreement may be amended, modified,
or subject to termination in the event the Final Rule amends the timeframe for which the funds
must be expended.
3.3 OBLIGATIONS OF PROVIDER. The PROVIDER shall carry out the services and
activities as prescribed in its Scope of Services, attached hereto and incorporated herein as Exhibit
"B" ("Scope of Services"), which is attached and incorporated herein and made a part of this
Agreement, in a manner that is lawful, and satisfactory to the CITY, and in accordance with the
written policies, procedures, and requirements as prescribed in this Agreement, and as set forth by
the Treasury and the CITY.
3.4 POLICIES AND PROCEDURES. This Agreement is subject to the current Federal
requirements and/or regulations under the Act or otherwise, as may be amended. The PROVIDER
is aware of and accepts the Act, the Final Rule, and the Programmatic Reporting Requirements,
which is attached hereto and incorporated herein as Exhibit "H," (collectively, "Policies and
Procedures"), as the official documents that outline the fiscal, administrative, and federal
guidelines that shall regulate the day-to-day operations of the PROVIDER. The Policies and
Procedures are incorporated herein and made part of this Agreement. The CITY reserves the right
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to update the Policies and Procedures, or any portion thereof, in the CITY's sole and absolute
discretion. The updated version(s) of the Policies and Procedures shall be incorporated and made
a part of this Agreement.
3.5 LEVEL OF SERVICE. Should start-up time for the Scope of Services be required or in the
event of the occurrence of any delays in the activities thereunder, the PROVIDER shall
immediately notify the Depar tiuent in writing, giving all pertinent details and indicating when the
Scope of Services shall begin and/or continue. It is understood and agreed that the PROVIDER
shall maintain the level of activities and expenditures in existence prior to the execution of this
Agreement. Any activities funded through or as a result of this Agreement shall not result in the
displacement of employed workers, impair existing agreements for services or activities, or result
in the substitution of funds allocated under this Agreement for other funds in connection with work
which would have been performed in the absence of this Agreement.
3.6 PRIOR APPROVAL. The PROVIDER shall obtain the prior approval of the CITY prior
to undertaking any of the following with respect to the project and/or the Scope of Services:
• The addition of any positions not specifically listed in the approved Itemized Budget.
• The modification or addition of any job descriptions.
• The purchase of any non -expendable personal property.
• The disposition of any real property, expendable personal property or any non -
expendable personal property.
■ Any out-of-town travel not specifically listed in the Itemized Budget.
■ The use of Funds in any manner not specifically listed in the Itemized Budget.
• Any proposed Solicitation Notice, Invitation for Bids, and Request for Proposals.
• The disposal of any Agreement Records.
ARTICLE IV
FUNDING AND DISBURSEMENT REQUIREMENTS
4.1 COMPENSATION. The amount of compensation payable by the CITY to the PROVIDER
shall be pursuant to the rates, schedules and conditions described in Exhibit "C" attached hereto
and incorporated into this Agreement.
4.2 INSURANCE. At all times during the term hereof, the PROVIDER shall maintain
insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the
PROVIDER shall furnish to the CITY original certificates of insurance indicating that the
PROVIDER is in compliance with the provisions described in Exhibit "G" attached hereto, and
incorporated into this Agreement.
4.3 FINANCIAL ACCOUNTABILITY. The CITY reserves the right to audit the records of
the PROVIDER at any time during the performance of this Agreement and for a period of five (5)
years after its expiration/termination. The PROVIDER agrees to provide all financial and other
applicable records and documentation of services to the CITY. Any payment made shall be subject
to reduction for amounts included in the related invoice which are found by the CITY, on the basis
of such audit and at its sole discretion, not to constitute reasonable and necessary expenditures.
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Any payments made to the PROVIDER are subject to reduction for overpayments on previously
submitted invoices.
4.4 RECAPTURE OF FUNDS. The CITY reserves the right to recapture Funds in the event
that the PROVIDER shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept
conditions imposed by the CITY at the direction of the federal, state, and local governments and/or
agencies.
4.5 CONTINGENCY CLAUSE. Funding pursuant to this Agreement is contingent on the
availability of funds and continued authorization for Program activities, and is also subject to
amendment or termination due to lack of funds or authorization, reduction of funds, and/or changes
in rules, laws, federal guidance, rules, laws, and regulations.
ARTICLE V
AUDIT REQUIREMENTS
5.1 As a necessary part of this Agreement, the PROVIDER shall adhere to the following audit
requirements:
5.1.1 If the PROVIDER expends $750,000 or more in federal funds during its fiscal year,
it shall have a Single or a Program -Specific Audit conducted for that year. Such
Audit must be conducted in accordance with General Accepted Government
Auditing Standards (GAGAS.)
a) Single Audit. A single audit must be conducted in accordance with the
applicable requirements of 2 CFR 200.514 "Scope of Audit", except when the
PROVIDER elects to have a Program -Specific Audit conducted in accordance
with paragraph b) of this section.
b) Program -Specific Audit. When a PROVIDER expends Federal Awards under
only one federal program and the federal program's statutes, regulations, or the
terms and conditions of the Federal Award do not require a financial statement
audit of the PROVIDER, the PROVIDER may elect to have a Program -Specific
Audit conducted in accordance with the applicable requirements of 2 CFR
200.507 "Program -Specific Audits".
The auditor must:
(i) Perform an audit of the financial statement(s) for the Federal program
in accordance to GAGAS;
(ii) Obtain an understanding of internal controls and perform tests of
internal controls over the Federal program consistent with the applicable
requirements of 2 CFR 200.514(c) to ensure compliance with
procedures;
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(iii) Perform procedures to determine whether the PROVIDER has complied
with Federal statutes, regulations, and the terms and conditions of
Federal Awards that could have a direct and material effect on the
Federal program consistent with the applicable requirements of 2 CFR
200.514(d);
(iv) Follow up on prior audit findings, perform procedures to assess the
reasonableness of the summary schedule of prior audit findings
prepared by the PROVIDER in accordance with the applicable
requirements of 2 CFR 200.511 "Audit findings follow-up", and report,
as a current year audit finding, when the auditor concludes that the
summary schedule of prior audit findings materially misrepresents the
status of any prior audit finding; and
(v) Report any audit findings consistent with the applicable requirements of
2 CFR 200.516 "Audit findings".
The auditor's report(s) must state that the audit was conducted in accordance
with the applicable requirements of 2 CFR 200.507 "Program -Specific Audits"
and include the following:
(i) An opinion (or disclaimer of opinion) as to whether the financial
statement(s) of the Federal program is presented fairly in all material
respects in accordance with the stated accounting policies;
(ii) A report on internal control related to the Federal program, which must
describe the scope of testing of internal control and the results of the
tests;
(iii) A report on compliance which includes an opinion (or disclaimer of
opinion) as to whether the PROVIDER complied with laws, regulations,
and the terms and conditions of Federal Awards which could have a
direct and material effect on the Federal program; and
(iv) A schedule of findings and questioned costs for the Federal program
that includes a summary of the auditor's results relative to the Federal
program in a format consistent with 2 CFR 200.515 "Audit reporting",
paragraph (d)(1) and findings and questioned costs consistent with the
requirements of 2 CFR 200.515 "Audit reporting", paragraph (d)(3).
5.1.2 If the PROVIDER expends less than $750,000 in federal funds during its fiscal
year, it is exempted from federal audit requirements for that year and consequently
the audit cost is not a reimbursable expense. The CITY, however, may request the
PROVIDER to have a limited scope audit for monitoring purposes. These limited
scope audits will be paid for and arranged by the CITY and address only one or
more of the following types of compliance requirements: activities allowed or
unallowed; allowable costs/cost principles; eligibility; matching, level of effort,
earmarking; and, reporting.
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All reports presented to the CITY shall, where applicable, include sufficient information
to provide a proper perspective for judging the prevalence and consequences of the
findings, such as whether an audit finding represents an isolated instance or a systemic
problem. Where appropriate, instances identified shall be related to the universe and the
number of cases examined and quantified in terms of dollar value.
ARTICLE VI
RECORDS AND REPORTS
6.1 The PROVIDER shall establish and maintain sufficient records to enable the CITY to
determine whether the PROVIDER has met the requirements of the Program. At a minimum, the
following records shall be maintained by the PROVIDER:
6.1.1 Records providing a full description of each activity assisted (or being assisted)
with Funds, including its location (if the activity has a geographical locus), the
amount of Funds budgeted, obligated and expended for the activity, and the specific
provision in the Program regulations under which the activity is eligible.
6.1.2 Records demonstrating that client meet eligibility criteria set forth in the Policies
and Procedures and the Resolution, and that such information is provided in the
form required in same.
6.1.3 Equal Opportunity Records containing.
(i) Data on the extent to which each racial and ethnic group and single -headed
households (by gender of household head) have applied for, participated in,
or benefited from, any program or activity funded in whole or in part with
Funds. Such information shall be used only as a basis for further
investigation relating to compliance with any requirement to attain or
maintain any particular statistical measure by race, ethnicity, or gender in
covered programs.
(ii) Financial records, in accordance with the applicable requirements of the
Final Rule.
6.1.4 Records required to be maintained in accordance with other applicable laws and
regulations set forth in the Final Rule.
6.2 RETENTION AND ACCESSIBILITY OF RECORDS.
6.2.1 The Department shall have the authority to review the PROVIDER's records,
including project and programmatic records and books of account, for a period of
five (5) years from the expiration/termination of this Agreement (the "Retention
Period"). All books of account and supporting documentation shall be kept by the
PROVIDER at least until the expiration of the Retention Period.
The PROVIDER shall maintain records sufficient to meet the requirements of the
Final Rule. All records and reports required herein shall be retained and made
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accessible as provided thereunder. The PROVIDER further agrees to abide by
Chapter 119, Florida Statutes, as the same may be amended from time to time,
pertaining to public records. The PROVIDER shall ensure that the Agreement
Records shall be at all times subject to and available for full access and review,
inspection and audit by the CITY, federal personnel and any other personnel duly
authorized by the CITY.
The parties hereto further agree that any of the obligations in this section will
survive the term, termination, and cancellation hereof.
IF PROVIDER HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT AS A PUBLIC CONTRACT,
PLEASE CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT TELEPHONE NUMBER 305-416-1800, EMAIL:
PUBLICRECORDS@MIAMIGOV.COM, AND MAILING
ADDRESS: PUBLIC RECORDS C/O OFFICE OF THE CITY
ATTORNEY, 9TH FLOOR, MIAMI RIVERSIDE CENTER, 444
S.W. 2ND AVENUE, MIAMI, FLORIDA 33130 OR THE
DEPARTMENT'S CUSTODIAN OF RECORDS AT OFFICE OF
MANAGEMENT AND BUDGET, MIAMI RIVERSIDE CENTER,
444 S.W. 2ND AVENUE, 5th FLOOR MIAMI, FLORIDA 33130,
AND EMAIL GBRITO@MIAMIGOV.COM.
6.2.2 The PROVIDER shall include in all the Department approved subcontracts used to
engage subcontractors to carry out any eligible substantive project or programmatic
activities, as such activities are described in this Agreement and defined by the
Department, each of the record -keeping and audit requirements detailed in this
Agreement. The Department shall in its sole discretion determine when services
are eligible substantive project and/or programmatic activities and subject to the
audit and record -keeping requirements described in this Agreement.
6.2.3 If the CITY or the PROVIDER has received or given notice of any kind indicating
any threatened or pending litigation, claim or audit arising out of the activities
pursuant to the project, the activities and/or the Scope of Services or under the terms
of this Agreement, the Retention Period shall be extended until such time as the
threatened or pending litigation, claim or audit is, in the sole and absolute discretion
of the Department fully, completely and finally resolved.
6.2.4 The PROVIDER shall notify the Department in writing both during the term of this
Agreement and after its expiration/termination as part of the final close-out
procedure, of the address where all Agreement Records will be retained.
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6.2.5 The PROVIDER shall obtain the prior written consent of the Department to the
disposal of any Agreement Records within one year after the expiration of the
Retention Period.
6.3 PROVISION OF RECORDS.
6.3.1 At any time upon request by the Department, the PROVIDER shall provide all
Agreement Records to the Department. The requested Agreement Records shall
become the property of the Department without restriction, reservation, or
limitation on their use. The Department shall have unlimited rights to all books,
articles, or other copyrightable materials developed in the performance of this
Agreement. These rights include the right of royalty -free, nonexclusive, and
irrevocable license to reproduce, publish, or otherwise use, and to authorize others
to use, the Scope of Services for public purposes.
6.3.2 If the PROVIDER receives funds from, or is under regulatory control of, other
governmental agencies, and those agencies issue monitoring reports, regulatory
examinations, or other similar reports, the PROVIDER shall provide a copy of each
such report and any follow-up communications and reports to the Department
immediately upon such issuance, unless such disclosure would be prohibited by
any such issuing agency.
6.4 MONITORING. The PROVIDER shall permit the Department and other persons duly
authorized by the CITY or Department to inspect all Agreement Records, facilities, goods, and
activities of the PROVIDER which are in any way connected to the activities undertaken pursuant
to the terms of this Agreement, and/or interview any clients, employees, subcontractors or
assignees of the PROVIDER. Following such inspection or interviews, the Department will deliver
to the PROVIDER a report of its findings. The PROVIDER will rectify all deficiencies cited by
the Department within the specified period of time set forth in the report or provide the Department
with a reasonable justification for not correcting the same. The Department will determine in its
sole and absolute discretion whether or not the PROVIDER's justification is acceptable.
At the request of the CITY, the PROVIDER shall transmit to the CITY written statements of the
PROVIDER's official policies on specified issues relating to the PROVIDER's activities. The
CITY will carry out monitoring and evaluation activities, including visits and observations by
CITY staff. The PROVIDER shall ensure the cooperation of its employees and its board members
in such efforts. Any inconsistent, incomplete, or inadequate information either received by the
CITY or obtained through monitoring and evaluation by the CITY, shall constitute cause for the
CITY to terminate this Agreement.
6.5 RELATED PARTIES. The term "related -party transaction" includes, but is not limited to,
a for -profit or nonprofit subsidiary or affiliate organization, an organization with an overlapping
board of directors and an organization for which the PROVIDER is responsible for appointing
memberships. Upon forming the relationship or if already formed, before of at the time of
execution of this Agreement, the PROVIDER shall report such relationship to the Department.
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Any supplemental information shall be promptly reported to the Department. The PROVIDER
shall report to the Department the name, purpose for and any and all other relevant information in
connection with any related -party transaction.
6.6 PROGRESS REPORTS. The PROVIDER shall submit to the CITY, on a quarterly basis,
a Scope of Services status report.
ARTICLE VII
OTHER PROGRAM REQUIREMENTS
7.1 The PROVIDER shall maintain current documentation that its activities are Program
eligible in accordance with the Policies and Procedures and the Resolution.
7.2 The PROVIDER shall ensure and maintain documentation that conclusively demonstrates
that each activity assisted in whole or in part with Funds is an activity which provides benefit to
eligible Program applicants under the Act and the Resolution.
7.3 The PROVIDER shall comply with all applicable provisions of the Policies and Procedures
and the Resolution and the PROVIDER shall carry out each activity in compliance with all
applicable federal, state, and local laws, rules, and regulations described therein. PROVIDER
acknowledges that it may be required to comply with additional requirements imposed by the
Treasury and/or the CITY, and PROVIDER agrees to comply with such requirements upon written
notice from the CITY.
7.4 The PROVIDER shall cooperate with the Department in attending meetings at the request
of the Department and to provide information as requested or required to the Department.
7.5 INTENTIONALLY OMITTED.
7.6 NON-DISCRIMINATION. The PROVIDER shall not discriminate on the basis of race,
color, national origin, sex, religion, age, marital or family status or handicap in connection with
the activities and/or the Scope of Services or its performance under this Agreement.
Furthermore, the PROVIDER agrees that no otherwise qualified individual shall, solely by reason
of his/her race, sex, color, creed, national origin, age, marital status, sexual orientation or handicap,
be excluded from the participation in, be denied benefits of, or be subjected to discrimination under
any program or activity receiving Funds.
7.7 The PROVIDER shall carry out its Scope of Services in compliance with all federal laws
and regulations, state statutes, and local laws.
7.8 INTENTIONALLY OMITTED.
7.9 UNIFORM ADMINISTRATIVE REQUIREMENTS. The PROVIDER shall comply with
the requirements and standards of 2 CFR 200, "Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards", as set forth under Subpart D—"Post
Federal Award Requirements" and Subpart E—"Cost Principles."
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7.10 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the
PROVIDER is or was created by a religious organization, the PROVIDER agrees that all Funds
disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of
the Act and all applicable laws.
In accordance with the First Amendment of the United States Constitution, particularly regarding
the relationship between church and State, Funds may not be used for religious activities. The
PROVIDER shall comply with those requirements and prohibitions when entering into
subcontracts.
7.11 REVERSION OF FUNDS. Upon expiration/termination of this Agreement, the
PROVIDER must transfer to the CITY any unused Funds at the time of expiration/termination and
any accounts receivable attributable to the use of Funds.
7.12 ENFORCEMENT OF THIS AGREEMENT.
Any violation of this Agreement that remains uncured thirty (30) calendar days after the
PROVIDER's receipt of notice from the CITY (by certified or registered mail) of such violation
may, at the option of the CITY, be addressed by an action for damages or equitable relief, or any
other remedy provided at law or in equity. In addition to the remedies of the CITY set forth herein,
if the PROVIDER fails to comply with the terms of this Agreement, the CITY may suspend or
terminate this Agreement in accordance with Article X of this Agreement.
7.13 SUBCONTRACTS AND ASSIGNMENTS.
7.13.1 The PROVIDER shall ensure that all subcontracts and assignments:
(a) Identify the full, correct, and legal name of all parties;
(b) Describe the activities to be performed;
(c) Present a complete and accurate breakdown of its price components;
(d) Incorporate a provision requiring compliance with all applicable regulatory
and other requirements of this Agreement. The requirements of this paragraph
apply only to subcontracts and assignments in which parties are engaged to
carry out any eligible substantive programmatic service, as may be defined
by the CITY, set forth in this Agreement. The CITY shall in its sole discretion
determine when services are eligible substantive programmatic services and
subject to the audit and record -keeping requirements described in this
Agreement.
7.13.2 The PROVIDER shall incorporate in all consultant subcontracts the following
provision:
"The PROVIDER is not responsible for any insurance or other fringe benefits for
the Consultant or employees of the Consultant, e.g., social security, income tax
withholding, retirement or leave benefits normally available to direct employees of
the PROVIDER. The Consultant assumes full responsibility for the provision of all
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insurance and fringe benefits for himself or herself and employees retained by the
Consultant in carrying out the scope of services provided in this subcontract."
7.13.3 The PROVIDER shall be responsible for monitoring the contractual performance
of all subcontracts.
7.13.4 The PROVIDER shall submit to the CITY for its review and confirmation any
subcontract engaging any party to carry out any substantive programmatic
activities, to ensure its compliance with the requirements of this Agreement. The
CITY's review and confirmation shall be obtained prior to the release of any funds
for the PROVIDER' s Subcontractor(s).
7.13.5 The PROVIDER shall receive written approval from the CITY prior to either
assigning or transferring any obligations or responsibility set forth in this
Agreement or the right to receive benefits or payments resulting from this
Agreement. Approval by the CITY of any subcontract or assignment shall not under
any circumstances be deemed to require for the CITY to incur any obligation in
excess of the total dollar amount agreed upon in this Agreement.
7.13.6 The PROVIDER and its Subcontractors shall comply (when applicable) with the
Copeland Kick Back Act, Davis -Bacon Act, Contract Work Hours and Safety -
Standards Act, and Lead -Based Paint Poisoning Prevention Act and all other related
acts, as applicable.
7.14 USE OF FUNDS FOR LOBBYING PROHIBITED. The expenditure of Agreement funds
for the purpose of lobbying the Legislature, judicial branch, or a state agency are expressly
prohibited.
ARTICLE VIII
PROVIDER CERTIFICATIONS, ASSURANCES, AND REGULATIONS.
8.1 The PROVIDER certifies that:
(a) The PROVIDER possesses the legal authority to enter into this Agreement pursuant to
authority that has been duly adopted or passed as an official act of the PROVIDER's
governing body, authorizing the execution of the Agreement, including all understandings
and assurances contained herein, and directing and authorizing the person identified as the
official representative of the PROVIDER to act in connection with this Agreement and to
provide such information as may be required.
(b) The PROVIDER shall comply with the Hatch Act, which limits the political activity of
employees.
(c) The PROVIDER shall establish safeguards to prohibit its employees from using their
positions for a purpose that is or gives the appearance of being motivated by desire for
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private gain for themselves or others, particularly those with whom they have family,
business, or other ties.
(d) To the best of its knowledge and belief, the PROVIDER and its principals:
(i) are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency;
(ii) have not, within a three-year period preceding the date of this Agreement, been
convicted of or had a civil judgment rendered against any of them for the
commission of fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a public (Federal, State, or local) transaction or a contract
under a public transaction; violation of Federal or State antitrust statutes or
falsification or destruction or records, making false statements, or receiving stolen
property;
(iii) are not presently indicted for or otherwise criminally or civilly charged by a
government entity (Federal, State, or local) with the commission of any of the
offenses enumerated in this Article VIII; and
(iv) have not, within a three-year period preceding the date if this Agreement, had one
or more public transactions (Federal, State, or local) terminated for cause or default.
ARTICLE IX
INTENTIONALLY OMITTED
ARTICLE X
REMEDIES, SUSPENSION, TERMINATION
10.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this
Agreement at any time prior to the completion of the services required pursuant to this Agreement
without penalty to the CITY. In that event, notice of termination of this Agreement shall be in
writing to the PROVIDER, who shall be paid for those services performed prior to the date of its
receipt to the notice of termination. In no case, however, shall the CITY pay the PROVIDER an
amount in excess of the total sum provided by this Agreement.
It is hereby understood by and between the CITY and the PROVIDER that any payment made in
accordance with this Agreement to the PROVIDER shall be made only if the PROVIDER is not
in default under the terms of this Agreement. If the PROVIDER is in default, the CITY shall not
be obligated and shall not pay to the PROVIDER any sum whatsoever.
If the PROVIDER fails to materially comply with any term of this Agreement, the CITY may take
one or more of the following courses of action:
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10.1.1 Temporarily withhold cash payments pending correction of the deficiency by the
PROVIDER, or such more severe enforcement action as the CITY determines is
necessary or appropriate.
10.1.2 Disallow (that is, deny both the use of funds and matching credit) for all or part of
the cost of the activity or action not in compliance.
10.1.3 Wholly or partially suspend or terminate the current Funds committed to the
PROVIDER.
10.1.4 Withhold further grants, loans, and/or other monies for the PROVIDER.
10.1.5 Take all such other remedies that may be legally available.
10.2 SUSPENSION.
10.2.1 The Department may, for reasonable cause, temporarily suspend the PROVIDER's
operations and authority to obligate funds under this Agreement or withhold
payments to the PROVIDER pending necessary corrective action by the
PROVIDER. Reasonable cause shall be determined by the Department in its sole
and absolute discretion, and may include:
(i) Ineffective or improper use of the Funds by the PROVIDER;
(ii) Failure by the PROVIDER to comply with any term or provision of this
Agreement;
(iii) Failure by the PROVIDER to submit any documents required by this
Agreement; or
(iv) The PROVIDER's submittal of incorrect or incomplete documents.
10.2.2 The Department may at any time suspend the PROVIDER's authority to obligate
funds, withhold payments, or both.
10.2.3 The actions described in paragraphs 10.2.1 and 10.2.2 above may be applied to all
or any part of the activities funded by this Agreement.
10.2.4 The Department will notify the PROVIDER in writing of any action taken pursuant
to this Article, by certified mail, return receipt requested, or by in person delivery
with proof of delivery. The notification will include the reason(s) for such action,
any conditions relating to the action taken, and the necessary corrective action(s).
10.3 TERMINATION.
10.3.1 Termination Because of Lack of Funds. In the event the CITY does not receive
funds to finance this Agreement from its funding source, or in the event that the
CITY's funding source de -obligates the funds allocated to fund this Agreement, the
Department may terminate this Agreement upon not less than twenty-four (24)
hours prior notice in writing to the PROVIDER. Said notice shall be delivered by
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certified mail, return receipt requested, or by in person delivery with proof of
delivery. In the event that the CITY's funding source reduces the CITY's
entitlement under the Program, the CITY shall determine, in its sole and absolute
discretion, the availability of funds for the PROVIDER pursuant to this Agreement.
10.3.2 Termination for Breach. The Department may terminate this Agreement, in whole
or in part, in the event the Department determines, in its sole and absolute
discretion, that the PROVIDER is materially non -compliant with any term or
provision of this Agreement.
The Department may terminate this Agreement, in whole or in part, in the event
that the Department determines, in its sole and absolute discretion, that there exists
an event of default under and pursuant to the terms of any other agreement or
obligation of any kind or nature whatsoever of the PROVIDER to the CITY, direct
or contingent, whether now or hereafter due, existing, created or arising.
10.3.3 Unless the PROVIDER's breach is waived by the Department in writing, the CITY
may, by written notice to the PROVIDER, terminate this Agreement upon not less
than twenty-four (24) hours prior written notice. Said notice shall be delivered by
certified mail, return receipt requested, or by in person delivery with proof of
delivery. Waiver of breach of any provision of this Agreement shall not be deemed
to be a waiver of any other breach and shall not be construed to be a modification
of the terms of this Agreement. The provisions hereof are not intended to be, and
shall not be, construed to limit the Department's right to legal or equitable remedies.
ARTICLE XI
MISCELLANEOUS PROVISIONS
11.1 INDEMNIFICATION. The PROVIDER shall indemnify, hold harmless, and defend the
CITY, its officers, agents, directors, and/or employees, from liabilities, damages, losses,
judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused
by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of
PROVIDER and persons employed or utilized by PROVIDER in the performance of this
Agreement. PROVIDER shall, further, hold the CITY, its officials and/or employees, harmless
for, and defend the CITY, its officials and/or employees against, any civil actions, statutory or
similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged
that the CITY, its officials and/or employees were negligent. These indemnifications shall survive
the term of this Agreement. In the event that any action or proceeding is brought against the CITY
by reason of any such claim or demand, the PROVIDER shall, upon written notice from the CITY,
resist and defend such action or proceeding by counsel satisfactory to the CITY. The PROVIDER
expressly understands and agrees that any insurance protection required by this Agreement or
otherwise provided by the PROVIDER shall in no way limit the responsibility to indemnify, keep
and save harmless and defend the CITY or its officers, employees, agents and instrumentalities as
herein provided.
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The indemnification provided above shall obligate the PROVIDER to defend, at its own expense,
to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense,
at the CITY 's option, any and all claims of liability and all suits and actions of every name and
description which may be brought against the CITY whether performed by the PROVIDER, or
persons employed or utilized by PROVIDER.
This indemnity will survive the cancellation or expiration of the Agreement. This indemnity will
be interpreted under the laws of the State of Florida, including without limitation and
interpretation, which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes, as
applicable.
The PROVIDER shall require all sub -contractor agreements, if applicable, to include a provision
that they will indemnify the CITY.
The PROVIDER agrees and recognizes that the CITY shall not be held liable or responsible for
any claims which may result from any actions or omissions of the PROVIDER in which the CITY
participated either through review or concurrence of the PROVIDER's actions. In reviewing,
approving or rejecting any submissions by the RECIPIENT or other acts of the PROVIDER, the
CITY in no way assumes or shares any responsibility or liability of the PROVIDER or Sub -
PROVIDER under this Agreements.
This PROVIDER's liability pursuant to this section will be governed by the limitations and to the
extent provided in Section 768.28, Florida Statutes.
11.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing
and signed by both parties hereto. Budget modifications shall be approved by the Department in
writing.
11.3 OWNERSHIP OF DOCUMENTS. All documents developed by the PROVIDER under
this Agreement shall be delivered to the CITY upon completion of the activities required pursuant
to this Agreement and shall become the property of the CITY, without restriction or limitation on
their use if requested by the CITY. The PROVIDER agrees that all documents maintained and
generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law,
Chapter 119, Florida Statutes.
It is further understood by and between the parties that any document which is given by the CITY
to the PROVIDER pursuant to this Agreement shall at all times remain the property of the CITY
and shall not be used by the PROVIDER for any other purpose whatsoever without the prior
written consent of the CITY.
11.4 AWARD OF AGREEMENT. The PROVIDER warrants that it has not employed or
retained any person employed by the CITY to solicit or secure this Agreement and that it has not
offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission,
percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this
Agreement.
11.5 NON-DELEGABILITY. The obligations undertaken by the PROVIDER pursuant to this
Agreement shall not be delegated or assigned to any other person or firm, in whole or in part: (a)
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except in accordance with the requirements of Section 7.13 hereof, and (b) without the CITY' s
prior written consent which may be granted or withheld in the CITY's sole discretion.
11.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced
according to the laws of the State of Florida.
11.7 CONFLICT OF INTEREST.
11.7.1 The PROVIDER covenants that no person under its employ who presently
exercises any functions or responsibilities in connection with Program funded
activities has any personal financial interest, direct or indirect, in this Agreement.
The PROVIDER further covenants that, in the performance of this Agreement, no
person having such a conflicting interest shall be employed. Any such interest on
the part of the PROVIDER or its employees must be disclosed in writing to the
CITY.
11.7.2 The PROVIDER is aware of the conflict of interest laws of the City of Miami (City
of Miami Code Chapter 2, Article V), Miami -Dade County, Florida (Miami -Dade
County Code Section 2-11-1) and the State of Florida (Chapter 112, Florida
Statutes), as amended, and agrees that it shall comply in all respects with the terms
of the same.
11.8 PROCUREMENT. The PROVIDER shall comply with the standards contained within 2
CFR 200 Subpart D, "Post Federal Award Requirements."
11.9 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the
PROVIDER agrees and understands that the CITY has no obligation to renew this Agreement.
11.10 ENTIRE AGREEMENT. This instrument and its attachments constitute the only
agreement of the parties hereto relating to the Funds and sets forth the rights, duties, and
obligations of each of the parties hereto 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.
11.11 GENERAL CONDITIONS.
11.11.1 All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by in person delivery or by
registered mail addressed to the other party at the address indicated herein or as
the same may be changed from time to time upon notice in writing. Such notice
shall be deemed given on the day on which personally served, or, if by mail, on
the fifth day after being posted or the date of actual receipt, whichever is earlier.
CITY OF MIAMI
City of Miami
444 SW 2"d Avenue, 10th Floor
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Miami, FL 33130
City Manager
With a Copy To:
Office of the City Attorney
444 SW 2"d Avenue, 9th Floor
Miami, FL 33130
Attn: City Attorney
PROVIDER
Downtown Development Authority of the City of
Miami
200 S. Biscayne Boulevard, Suite 2929
Miami, FL 33131
Attn: Christina Crespi, Executive Director/CEO
11.11.2 Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
11.11.3 In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached documents, the terms in this Agreement shall
control.
11.11.4 No waiver of 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.
11.11.5 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 to conform with such laws, then same shall be deemed severed,
and in either event, the remaining terms and provisions of this Agreement shall
remain unmodified and in full force and effect.
11.11.6 It is expressly agreed and by this statement specifically intended by the parties
that nothing within this Agreement shall be construed as indicating any intent by
either party to benefit any other entity or person not a party signatory to this
Agreement by any provision or to entitle any such third party to any right of action
on account hereof.
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11.11.7 In the event litigation, arbitration, or mediation, between the parties hereto, arises
out of the terms of this Agreement, each party shall be responsible for its own
attorney's fees, costs, charges, and expenses through the conclusion of all
appellate proceedings, and including any final settlement or judgment.
11.11.8 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.
11.11.9 PROVIDER shall consult with the CITY 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 may be withheld in the
CITY's sole discretion.
11.12 INDEPENDENT CONTRACTOR. The PROVIDER and its employees and agents shall
be deemed to be independent contractors and not agents or employees of the CITY, and shall not
attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any
rights generally afforded classified or unclassified employees; further, they shall not be deemed
entitled to the Florida Worker's Compensation benefits as employees of the CITY.
11.13 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto,
and their respective heirs, executors, legal representatives, successors, and assigns.
11.14 CERTIFICATION. The PROVIDER certifies that it possesses the legal authority to enter
into this Agreement pursuant to authority that has been duly adopted or passed as an official act of
the PROVIDER's governing body, authorizing the execution of this Agreement, including all
understandings and assurances contained herein, and directing and authorizing the person
identified as the official representative of the PROVIDER to act in connection with this Agreement
and to provide such information as may be required.
11.15 WAIVER OF JURY TRIAL. Neither the PROVIDER, nor any assignee, successor, heir or
personal representative of the PROVIDER, 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 any 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 the PROVIDER, 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.
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11.16 CLOSE-OUT. When the CITY determines that all required work under the Agreement has
been completed or upon the expiration or termination of the PROVIDER Agreement, the CITY
shall require the PROVIDER to provide final versions of all financial, performance, and other
reports. These reports may include, but are not limited to:
• A final performance or progress report.
• A financial status report.
• A final request for payment.
Remainder of page intentionally left blank. Signatures on the next page.
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by
their respective officials thereunto duly authorized on the date above written.
PROVIDER
DOWNTOWN DEVELOPMENT AUTHORITY
OF THE CITY OF MIAMI, an independent
agency and instrumentality of the City of Miami,
Florida
AUTHORIZED REPRESENTATIVE: ATTEST:
2 1 1 [23
Name: Elvira Manon Date:
Title: Executive Assistant
CITY OF MIAMI, a municipal
Corporation of the State of Florida
DocuSigned by:
Ark Nerielr March 27, 2023 I 11:41:14 EDT
\-850CF6C372DD42A...
Arthur Noriega V.
City Manager
Date:
APPROVED AS TO INSURANCE
REQUIREMENTS
WICAJWA
Name: Christina Crespi Date:
Title: Executive Director/CEO
Corporate Seal:
ATTES
cDocoS gneeddd y:
�J
E46D7560DCF1459...
DocuSigned by:
h 27, 2023 1 19:33:44 EDT
Todd B. Hannon
City Clerk
Date:
APPROVED AS TO FORM AND
CORRECTNESS: x"
DocuSigned by:
DocuSigned by:
'ra1nk 44,c,AiMarch 22, 2023 I 06:38:44 EDT [2/,Lc*u-dL—.JL-7rch 24, 2023 I 13:03:27 EDT
27395C6318214E7...
F1EF90AF6FE0457
Ann -Marie Sharpe Date: Victoria Mendez Date:
Risk Management City Attorney
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EXHIBIT A
PROVIDER RESOLUTION AUTHORIZING
EXECUTION OF THIS AGREEMENT
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RESOLUTION NO. 042/2022
A RESOLUTION OF THE MIAMI DOWNTOWN DEVELOPMENT
AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("MIAMI DDA"),
ACCEPTING AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") FUNDS,
IN AN AMOUNT NOT TO EXCEED ONE MILLION DOLLARS
($1,000,000.00) SO THAT THE MIAMI DDA CAN PARTIALLY FUND THE
ARPA-ELIGIBLE PORTIONS OF ITS FLAGLER RECOVERY GRANT
PROGRAM, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED, AND INCENTIVE FUND PROGRAM, AS DESCRIBED IN
EXHIBIT "B", ATTACHED AND INCORPORATED, AUTHORIZING THE
EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE ANY AND ALL
NECESSARY DOCUMENTS, INCLUDING MEMORANDA OF
UNDERSTANDING, AMENDMENTS, EXTENSIONS, AND
MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY
A1TORNEY, SUBJECT TO COMPLIANCE WITH ALL APPLICABLE
FEDERAL, STATE OF FLORIDA, LOCAL, AND CITY LAWS, RULES, AND
REGULATIONS, FOR SAID PURPOSE IN ORDER TO IMPLEMENT THE
ACCEPTANCE OF THE FUNDS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Miami Downtown Development Authority of the City of Miam i, Florida
("Miami DDA") is an agency of the City of Miami ("City") with a mission to grow, strengthen,
and promote the economic health and vitality of Downtown Miami; and
WHEREAS, there is a strong need to fund the Flagler Recovery Grant Program, as
described in Exhibit "A", attached and incorporated, and which was established by DDA
Resolution No. 036/2021(Flaglcr Program"), and Incentive Fund Program, as described in
Exhibit "B", attached and incorporated, and which was recently expanded on October 29, 2021,
through DDA Resolution No. 046/2021 ("Fund Program") (collectively, "Programs"); and
WHEREAS, on June 24, 2021, the City accepted $68,819,708.50 from the United States
Department of the Treasury pursuant to Resolution No. R-21-0268, and the City expects to
receive an additional allocation of $68,819,708.50 in ARPA funds in the year 2022 for a total
amount of $137,639,417.00; and
WHEREAS, the City Commission directed the City Manager to allocate ARPA funds, on
a reimbursement basis, in an amount not to exceed One Million Dollars ("Funds") to the DDA in
order to partially fund the eligible portions of the Programs, as described herein; and
WHEREAS, the Funds were allocated by the City Commission on a reimbursement basis,
as follows: an amount not to exceed Five Hundred Thousand Dollars ($500,000.00) was allocated
for eligible ARPA uses of the Flagler Program, and an amount not to exceed Two Hundred Fitly
Thousand Dollars ($250,000.00) was allocated this fiscal year and next fiscal year, for a total not
to exceed amount of Five Hundred Thousand Dollars ($500,000.00) over the two-year period, for
eligible ARPA uses of the Fund Program;
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NOW, THEREFORE, BE IT RESOLVED BY TI-IE BOARD OF DIRECTORS OF THE
MIAMI DOWNTOWN DEVELOPMENT AUTHORITY OF TI-IE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are
adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. The .Executive Director is hereby authorized to accept funds from the City, in
an approximate amount of $1,000,000.00, to fund the Flagler Recovery Grant Program, as
described in Exhibit "A", attached and incorporated, and which was established by DDA
Resolution No. 036/2021("Flagler Program"), and Incentive Fund Program, as described in
Exhibit "B", attached and incorporated, and which was recently expanded on October 29, 2021,
through DDA Resolution No. 046/2021.
Section 3. The Executive Director is further authorized to negotiate and execute any and
all necessary documents, including amendments, renewals, and extensions, all in forms
acceptable to the City Attorney, in order to implement the acceptance of the transfer of funds.
Section 4. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED, this 18th day of November, 2022.
ommissioner Manolo Reyes, Crtiairman
Christina Crespi, Executive Director
lvonne de la Vega
Secretary to the Board of Directors
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Exhibit "A"
12ESOLTITION NO. 036/2021
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIAMI DOWNTOWN
DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA ("MIAMI DDA")
ESTABLISHING A FLAGLER RECOVERY GRANT PROGRAM ("PROGRAM") TO
PROVIDE ASSISTANCE TO SMALL BUSINESSES NEGATIVELY IMPACTED BY
COVID-19 WITHIN THE FLAGLER STREET BEAUTIFICATION PROJECTS IMPACT
ZONE; ALLOCATING AN AMOUNT NOT TO EXCEED THREE HUNDRED
THOUSAND DOLLARS ($300,000.00) ("ALLOCATION") TO THE PROGRAM;
RETROACTIVELY RATIFYING, CONFIRMING, APPROVING, AND AUTHORIZING
THE EXECUTIVE DIRECTOR TO ISSUE GRANTS IN AN AMOUNT NOT TO
EXCEED FIVE THOUSAND DOLLARS ($5,000.00) PER ELIGIBLE BUSINESS UPON
APPROVAL OF SATISFACTORY DOCUMENTATION; RETROACTIVELY
RATIFYING, CONFIRMING, APPROVING, AND AUTHORIZING THE PROGRAM'S
GUIDELINES, IN SUBSTANTIALLY THE ATTACHED FORM, PURSUANT TO
ESTABLISHED GUIDELINES, GRANT FUND AVAILABILITY, AND MIAMI DDA
BUDGET APPROVAL.
WHEREAS, the Miami Downtown Development Authority of the City of Miami, Florida's
("Miami DDA") 2025 Downtown Miami Master Plan calls for the promotion of clean, safe, and active
retail corridors in Action Items 1.2 - "Grow & attract business enterprises and catalytic national retailers;"
3.1 - "Elevate Brickell Avenue to Iconic Status;" 3.5- "Activate Biscayne Boulevard and Brickell Avenue
with Ground Floor/Outdoor Dining and Retail;" and 4.6 - "Enhance basic community services"; and
WHEREAS, the Miami DDA provides funding for properly incentive grant programs within the
Miami DDA's boundaries; and
WHEREAS, on March 11, 2020, the World Health Organization declared the Novel Coronavirus
Disease 2019 ("COVID-19") a pandemic; and
WHEREAS, to help curb the spread ofCOVID-19, on March 12, 2020, the City of Miami ("City")
declared a State of Local Emergency resulting in the closure of non -essential businesses and stay at home
orders; and
WHEREAS, during March 2020, Florida's Governor Ron DeSantis issued several Executive
Orders restricting non -essential local businesses within the City and Miami DDA area, restrictions that
specifically and uniquely affected numerous small businesses; and
WHEREAS, the public health emergency caused by COVID-19 has also had an immediate and
serious economic impact on the hospitality and tourism industry which led to a significant decline of tourists
and business visitors in the City and, particularly, in Downtown Miami; and
WHEREAS, closures of the office buildings left streets of Downtown deserted and businesses
without any customers; and
WHEREAS, unbale to sustain sales, small businesses had to lay off increasingly large number of
employees; and
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WHEREAS, consequently, due to loss of customers and employees and a sharp decline in revenue,
many small businesses faced a dire threat to their survival and many were forced to shut down; and
WHEREAS, the COVD-19 pandemic has left Downtown small business community fmancially
devastated; and
WHEREAS, as soon as the re -opening of the City had started and post-COVID-19 recovery efforts
had begun, a major construction project has begun on Flagler Street which is the heart of the Downtown
District; and
WHEREAS, On May 3, 2021, the City of Miami's Office of Capital Improvements, in partnership
with the Miami DDA, started the Downtown Flagler Street Beautification Project ("Flagler Project") which
eventually will transform Flagler Street into an iconic, festival -style boulevard, enhance its operations and
activities, and improve the quality of life for the downtown residents; and
WHEREAS, while the Flagler Project is on -going, it has temporarily reduced visibility and access
to the ground level businesses within the construction zone which has resulted in a further decline of the
revenues of affected small businesses; and
WHEREAS, the Miami DDA recognizes the importance of business retention and seeks to mitigate
the negative impacts of the Flagler Project on small businesses which continue to struggle through the post-
COVID-19 recovery; and
WHEREAS, the Miami DDA wishes to establish a Flagler Recovery Grant Program ("Program")
to provide financial assistance to eligible small businesses within the Flagler Project's impact zone as
defined by the Program's Guidelines; and
WHEREAS, the Miami DDA's Board of Directors wishes to allocate three hundred thousand
dollars ($300,000.00) ("Allocation") to the Program; and
WHEREAS, the City of Miami has agreed to provide a matching contribution of three hundred
thousand dollars ($300,000.00) to the Program; and
WHEREAS, the Executive Committee of the Miami DDA has reviewed the Program and
recommends approval of the Program; and
WHEREAS, each eligible small business shall receive an amount not to exceed five thousand
dollars ($5,000.00) from the Program; and
WHEREAS, due to the immediate and emergency needs of all the eligible small businesses affected
by the construction and the recent surge of COVID-19 infections, hospitalizations and deaths affecting
Florida residents, visitors, employees, and businesses, the Executive Director is requesting retroactive
ratification, confirmation, approval, and authorization for the immediate disbursement of funds for the
Program to eligible businesses within the Flagler Project's impact zone and the continued operation of the
Program and disbursement of funds upon presentation of satisfactory documentation without further
approval from the Board of Directors;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE MIAMI
DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA:
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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 Director's hereby establishes the Program with funds in an amount
not to exceed three hundred thousand dollars ($300,000.00) allocated to the Program to assist small
businesses located within the Flagler Project's impact zone as defined by the Program's guidelines.
Section 3. The Executive Director is retroactively ratified, confirmed, approved, and authorized to
negotiate and execute any and all documents necessary to effectuate the Program, all in a form acceptable
to the City Attorney.
Section 4. The Executive Director is retroactively ratified, confirmed, approved, and authorized
to disburse funds for the Program to eligible businesses within the Flagler Project's impact zone upon
presentation of satisfactory documentation without further approval from the Board of Directors.
Section 5. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this 17th day of September, 2021.
Ivonne de la Vega
Secretary to the Board of Directors
Commissioner Manolo
es, Chairman
Christina Crespi, Executive Director
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Exhibit "I3"
RESOLUTION NO. 046/2021
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIAMI
DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI,
FLORIDA ("MIAMI DDA") APPROVING A FUNDING AGREEMENT BETWEEN
THE CITY OF MIAMI AND THE MIAMI DDA ("AGREEMENT') FOR THE
PURPOSES OF EXPANDING THE MIAMI DDA'S INCENTIVE FUND PROGRAM
("PROGRAM") INTO THE CITY OF MIAMI ("CITY"); ACCEPTING INITIAL
FUNDING FROM THE CITY IN THE AMOUNT OF TWO HUNDRED FIFTY
THOUSAND DOLLARS ($250,000.00) AND FUTURE FUNDING FROM THE
CITY IN THE AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS
($500,000.00) OVER THE NEXT TWO (2) FISCAL YEARS FOR COSTS
ASSOCIATED WITH EXPANSION OF THE PROGRAM WITH OTHER TERMS
AND CONDITIONS AS SPECIFIED IN THE AGREEMENT; AUTHORIZING THE
EXECUTIVE DIRECTOR TO NEGOTIATE AND EXECUTE THE AGREEMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; FURTHER
AUTHORIZING THE EXECUTIVE DIRECTOR "TO NEGOTIATE AND EXECUTE
ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED
HEREIN.
WHEREAS, the Miami Downtown Development Authority of the City of Miami, Florida
("Miami DDA") is an independent agency of the City of Miami ("City") with a mission to grow,
strengthen, and promote the economic health and vitality of Downtown Miami ("Downtown"); and
WHEREAS, Goal 1 of the 2025 Downtown Miami Masterplan ("Masterplan") is to
"Enhance Our Position as the Business Epicenter of the Americas", recognizing Downtown's
position as an international business hub and seeking to advance its importance as an economic
engine to of the State of Florida ("State"), regional, and local economies; and
WHEREAS, Goal 1, Action Item 1.2 of the Masterplan is to "Grow & Attract Business
Enterprise and Catalytic National Retailers, seeking to draw and retain businesses in the urban core
in an effort to create jobs, add residents to the City, and, ultimately, boost the economic vitality of
Downtown Miami"; and
WHEREAS, the Miami DDA desires to encourage economic growth and development,
the alleviation of economic disinvestment and unemployment, and the creation of an enhanced
business climate, particularly in the targeted industries of Finance and Technology (collectively,
"Goals"); and
WHEREAS, in order to accomplish the Miami DDA's Goals, the Board of Directors has
established an Incentive Fund Program ("Program"); and
WHEREAS, the Program has been incredibly successful and has drawn countless
businesses from across the country to Downtown; and
WHEREAS, due to the success of the Program, the City wishes to expand the Program
City-wide; and
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WHEREAS, because the Miami DDA has already successfully implemented the
Program, it would is prudent and efficient for the Miami DDA to work with the City in expanding
the Program City-wide; and
WHEREAS, the City has offered to compensate the Miami DDA for costs associated
with expanding the Program City-wide with an initial amount of two hundred fifty thousand
dollars ($250,000.00) and an additional five hundred thousand dollars ($500,000.00) over the
next two (2) fiscal years (collectively, "Funding"); and
WHEREAS, in order to delineate the rights and responsibilities of the Miami DDA and
the City in expanding the Program, it is appropriate for the Executive Director to negotiate a
Funding Agreement ("Agreement") with the City:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE MIAMI
DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals in the Preamble to this Resolution 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 authorizes the Executive Director to negotiate and
execute the Agreement, in a form acceptable to the City Attorney, in order to expand the Program
City-wide and receive the Funding from the City.
Section 3. The Executive Director is further authorized to negotiate and execute any and
all other necessary agreements, all in forms acceptable to the City Attorney, for the purposes
stated herein.
ATTE
Section 4. This Resolution shall become effective immediately upon its adoption.
I:
1,4;.-yuct
Ivonne de la Vega
Secretary to the Board of Director,'
PASSED AND ADOPTED this 29"' day of October, 2021.
Commissioner Manolo Re, J, Vlawman
Christina Crespi, Executive Director
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EXHIBIT B
SCOPE OF SERVICES
(Detailed description of the scope of services must be provided for each service/program)
1. Five Hundred Thousand and 00/100 Dollars ($500,000.00) for the Flagler Recovery
Grant Program
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MIAMIDDA
DOWNTOWN DEVELOPMENT AUTHORITY
FLAGLER RECOVERY GRANT PROGRAM
On May 3, 2021, the City of Miami's Office of Capital Improvements has started the Downtown Flagler
Street Beautification Project (Flagler Project). The Flagler Project will transform Flagler Street into an
iconic, festival -style boulevard, enhance its operations and activities, improve quality of life for the
downtown residents and spur economic growth. Once the construction is complete, the road
improvements will help small businesses prosper as part of a more resilient and vibrant community and
thriving business ecosystem. For now, the Flagler Project has temporarily reduced visibility and access to
the ground -level businesses within the construction zone. While businesses are still recovering from the
negative impacts of the COVID-19 pandemic, the Miami DDA recognizes that they need some extra
assistance.
As a pars of the agency's business retention strategy and construction mitigation efforts, the Miami DDA
adopted a Flagler Recovery Grant Program to assist small businesses which continue to struggle through
the post-COVD-19 recovery. The goal of the Program is to support a healthy downtown business
community and limit the negative economic impact of the Flagler Project on small businesses within the
construction impact zone.
For the purpose of the Flagler Recovery Grant Program, the construction impact zone is defined as an
area with complete street closures and includes the following sections:
• From E 2 Avenue to E 1 Avenue on Flagler Street
• From NE 1 Street to SE 1 Street on 2 Avenue
• From E 1 Avenue to North Miami Avenue on Flagler Street
Grant Amount & Eligible Expenses: Eligible small businesses may receive a grant in the amount
of $5,000.00 to be used for the following business expenses:
• Rent or mortgage payment
• Utility bill(s)
• Purchase of business equipment
• Business marketing or advertisement
• Personal Protection Equipment (PPE) or cleaning/disinfecting supplies
Grant funds cannot be used for non -business -related expenses, private debts, or legal costs. Grant
recipients will be required to submit proof of purchase(s) and payment(s) within the deadline provided by
Miami DDA Staff.
Flagler Recovery Grants are limited to one per business. Each application will be reviewed for eligibility
using the following criteria:
• Applicant must be an owner or an authorized representative of the business
• Business muse be located on the ground level within the construction impact zone
• Business must be open and operating
• Business must be established and operating prior to the pandemic and affected by required
closures and other efforts to contain the pandemic.
Non -eligible:
• Non -profits
• National chain franchise businesses
Application documentation:
• Business entity formation document from Secretary of State (Sunbiz.org)
• Copy of a fully executed Rental Lease Agreement where the lease is in the Applicant's name
Application Review Process: Miami DDA will review applications submitted, and funding will be received on
a first -come, first -served basis. Applications will be reviewed by Miami DDA staff for completeness and
eligibility. Grants will be awarded at the sole discretion of the Miami DDA based on the submission of the
required documentation and the responses provided in the application. Miami DDA staff may contact the
business' landlord to verify the information supplied in the application or for assistance with collecting
supporting documentation.
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MIAMIDDA
DOWNTOWN DEVELOPMENT AUTHORITY
Once approved, the Applicant must: - Sign a Grant Acceptance Agreement - Fill out a completed W-9
(grant awards are reported as income per IRS) - provide proof of business expenses paid within the
designated time Miami DDA may but is not required to, provide a reason for the denial of an application.
Submitting an application is not a guarantee of a grant award, and the Miami DDA may terminate the
Program at any time, for any reason, or when available funds are depleted.
Applicant submittal checklist: • Verify that your business is within Flagler Construction Impact Zone (map
attached) • Complete Application Online Upload proof of business ownership (Division of Corporations, FL
Department of State). Certify commitment to Program guidelines • Upload current executed lease
agreement under business's name.
Note: Pursuant to Chapter 112 of the Florida Statues, Miami DDA employees, directors, vendors,
contractors, and any of their relatives or business associates are not eligible to receive funding through the
Program.
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2. Five Hundred Thousand and 00/100 Dollars ($500,000.00) for the Miami DDA Incentive
Fund Program*
* Recipients of ARPA funding under the Incentive Fund Program must meet the requirements of 13
CFR Part 121 - Small Business Size Regulations. A tool is available from the Small Business
Administration at Small Business Size Standards (sba.gov) to help determine if a company meets
these standards. https://www.sba.gov/size-standards/index.html
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MIAMIDDA
DOWNTOWN OFVFI OAMFN1 A„714Cri;TY
Miami DDA Incentive Fund: Guidelines
2022-2023 Fiscal Year
Section 1 - Title
This article shall be cited as the Miami Downtown Development Authority ("Miami DDA") Incentive Fund Program
("Program").
Section 2- Definitions
As used in this article, unless the context otherwise requires:
a. Miami DDA is a semi -autonomous agency of the City of Miami with a mission statement to "grow, strengthen and
promote the economic health and vitality of Downtown Miami."
b. Miami DDA Project or Project means the associated company that applied for a Miami DDA Incentive.
c. Incentive or Incentives means the funds paid to a company under this Program.
d. Company means any new -to -market or expanding business that joins the Miami DDA District
e. New -to -Market Business is a company that relocates to the Miami DDA District or is a start-up company setting up
operations in the Miami DDA District
f. Expanding Business means a company with a commercial business, excluding residential development, which
increases operations on a site within the Miami DDA District.
g. Average Annual Wage means the average of all wages and salaries in the City of Miami, Miami -Dade County, or
State of Florida as determined by the City of Miami, or Miami -Dade County, or State of Florida, or US. Bureau of
Labor Statistics using the most currently available data as determined by the Miami DDA and by choosing the higher
number.
h. New Job or New Jobs means jobs created by a local Expanding Business or a New -to -Market Business which are
being added to the company's roster of employees and that did not exist within the last twelve (12) months prior to
the date the company submits the application to the Miami DDA's Board of Directors.
Section 3 - Eligible applicants
The Miami DDA Program will only be available to New -to -Market Businesses or Expanding Businesses that will relocate
and hire a minimum of ten (10) new employees to the Miami DDA District within a three (3) year period. The Program is
available to the following industries:
a. Financial/Professional Services
b. Technology
G. Headquarters including regional headquarters; and
The Board of Directors, at its discretion, may waive the eligible industry requirement at the request and recommendation
of the Executive Director verbally at the Business Development Committee Meeting and via the resolution approved at
the Board of Directors Meeting.
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Section 4 - Program requirements
a. New -to -Market or Expanding Businesses: Companies applying for Miami DDA incentives must be New -to -Market
or Expanding Businesses.
b. Living Wage Requirement: The Miami DDA Program will not be available to companies that pay any of their
employees less than the Living Wage Rate as defined by either the City of Miami or in Section 2-8.9 of the Code of
Miami -Dade County, as adjusted annually by the Department of Small Business Development or its successor
department, and by choosing the higher rate of both.
i. Miami -Dade County: Miami -Dade, 2021-2021 fiscal year = $36,650 ($17.62 per hour x 40 hours x 52 weeks)
c. Living Wage Eligibility: Companies receiving Miami DDA Incentives must continue to pay all their employees no
lessthan the Living Wage Rate to remain eligible for the Program.
d. Wages of New Jobs Created: In addition, the New Jobs promised under the Miami DDA application/agreement
("Application" or "Agreement") must pay an estimated Average Annual Wage at least equal to 125% that of the
average of all wages and salaries in the City of Miami, or Miami -Dade County, or the State of Florida as determined
by the City of Miami, or Miami -Dade County, or State of Florida, or US. Bureau of Labor Statistics using the most
currently available data as determined by the Miami DDA and by choosing the higher rate.
i. US. Bureau of Labor Statistics: Miami MSA, 2021 - $51,950 across all occupations
ii. Department of Economic Opportunity: State of FL, 2021 - $65,312 across all industries
i. 125% x $65,312 = $81,640 threshold to qualify as of February 1, 2023
e. Wage Calculation: In determining the Average Annual Wage for the company, only New Jobs are to be included
and wages for existing jobs shall be excluded from the calculation. The Board of Directors, at its discretion, may
waive the Average Annual Wage requirement upon receipt of a written request and justification from the company.
f. Job Creation: New -to -Market or Expanding Businesses must create at least ten (10) New Jobs within three (3) years
of starting operations or executing this agreement, whichever is later, in the Miami DDA District and maintain those
new jobs for a minimum of one (1) additional year. Miami DDA staff, under the Executive Director, must verify
compliance with New Job creation and wage requirements as specified in the Board of Directors approved Miami
DDA application/agreement prior to any disbursement of a Miami DDA Incentives. The company must agree to
furnish all documents necessary for Miami DDA staff to verify the company's compliance with the New Job and
salary requirements pursuant to the Miami DDA application/agreement.
g. Taxes & Other Monies: Where a company is delinquent in paying its taxes, or any other monies due to the City of
Miami, the Miami DDA shall withhold Incentive funds until the company is current. Where a company is more than
one (1) year delinquent, the company's Miami DDA award shall be canceled, and the company shall be disqualified
from participating in the Program.
h. Media Announcement: Applicant must (a) mention the Miami DDA by name within its initial press release
announcing the new office location, (b) at least forty-eight (48) hours in advance, provide the exact date and time
of when the press release will be published, and (c) at least forty-eight (48) hours in advance, provide a copy of the
press release to both the Miami DDA and Public Relations company for their input.
i. Media Appearances: The Company must provide an employee, at a minimum a senior executive, for a minimum of
four (4) engagements in year 1, two (2) engagements year 2, and two (2) engagements in year 3 to assist with
recruitment efforts of the Miami DDA attracting additional companies to Downtown Miami. Required engagements
will consist of a presentation, panel discussion, interview, quote for media story, or comparable engagement.
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Section 5 — Miami DDA incentives
The amount of the Miami DDA award is tentatively ascertained, pending Board approval, during application processing and
is based on the commitment of New Job creation as specified in the Miami DDA application/agreement. The actual Miami
DDA award will be determined after the company has begun operations, and at the end of each year upon the verification
of new hires as specified in the Board of Directors approved Miami DDA application/agreement, and all other obligations
set forth in the application/agreement and the Resolution approving the Miami DDA award.
The maximum Miami DDA award is based on the number of employees brought to Miami DDA District during the initial
move, and any subsequent new hires. The incentives over the three (3) year period may not exceed:
a. $500 per employee for the first fifty (50) jobs (minimum of ten (10)).
b. $350 per employee for each job added above fifty (50) but less than one hundred (100).
c. $250 per employee for each job added above one hundred (100).
Applicant may be eligible for the following bonuses for new hires only:
a. An additional $125 per employee if a company is located within the Flagler District as defined by the City of Miami
b. An additional $125 per employee if new hire received a degree from a public university, private university, or
technical school located within Miami -Dade County and graduated within 3 years of the hire date
c. An additional $125 per employee if previously unemployed or employed below the Living Wage Rate immediately
preceding employment with company
d. An additional $125 per employee if their primary residence is within the Miami DDA District
A company may not receive more than $50,000 in awards in any single year, even if all the New Jobs are created inone (1)
year. A company may not receive more than $150,000 in award payments over the three (3) year eligibility period.
Section 6 - Source, claim period and disbursement of Miami DDA incentives
Annual disbursements will be contingent on the verification of the new jobs created. Disbursement will begin in the year
following the Project's approval by the Board. Companies will be monitored annually to ensure compliance with the projected
number of new jobs and the wages associated with the new jobs. Disbursements to the company will only be made after it
has met all commitments as set forth in the Miami DDA application/agreement and the Board approved Miami DDA
Resolution, and disbursements are limited in each year of the disbursement schedule approved in the Miami DDA Resolution
to amounts set forth in Section 5. No incentive amounts shall be disbursed after the last year set forth in the Miami DDA
application/agreement and the Board approved Miami DDA Resolution.
To be eligible to claim any award under the Miami DDA Program, an applicant that has entered into an approved
application/agreement must annually apply to the Miami DDA by the end of the calendar year for such award. The claim for
award must include a copy of all documents that allow the Miami DDA to verify compliance with all the terms and the
company's commitments set forth in the Board of Directors Resolution approving the Miami DDA incentive award and the
accompanying approved application/agreement.
The Miami DDA shall designate staff, or a third party, to administer the Miami DDA Program and determine company
compliance. Any awards determined to be due to Companies and processed by said designated staff shall require written
approval and authorization of the Board of Directors.
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Section 7 -Application process
A company wishing to participate in the Program will apply to the Miami DDA. A company may request —temporary
confidentiality of its relocation plans for any information regarding a projects location and/or expansion evaluation of any
site in Florida.
The Application will be approved by the Board of Directors and all Miami DDA requirements shall be incorporated therein to
ensure all parties comply with the requirements of these Guidelines. An application must be signed by an agent of the
applying company.
At the time of Application, the Miami DDA will confirm that the company has provided information and/or documentation
supporting the company's consideration of other locations and that the requested Miami DDA Incentive is required for the
company to choose the Miami DDA District as the location of its new operations or expansion. Any company decisions
committing the company to a location within the Miami DDA District prior to the Board of Directors approval of the Miami
DDA Application/Agreement will render a company ineligible to participate in the Miami DDA program. The Executive
Director may waive this prior decision rule and forward the company's Application to the Board of Directors for consideration
upon the written request by the company to preserve the inducement for a limited time. However, the Board of Directors
retains the sole and absolute discretion to approve or deny the company's Application. This prior business decision rule
waiver shall not be available to a company that has already publicly disclosed the intent to locate or expand its operations
in the Miami DDA District.
Upon receipt and initial review, the Miami DDA shall contact the Board of Directors to schedule an Application presentation
as directed by the Executive Director. Within thirty (30) days of receipt of the company's Application, The Miami DDA shall
prepare its recommendation on the Application, including an economic impact analysis. Each Board approved Application
shall serve as the written Agreement between Miami DDA and the company, and shall include all Application requirements
outlined in this Section and, at a minimum, specify:
a. The total number of New Jobs to be created and that will be dedicated to the project, the Average Annual Wage of
those jobs, any capital investment, and a time schedule or plan for when such jobs will be in place and active in the
Miami DDA District;
b. The fiscal impact to the Miami DDA District;
c. The maximum amount of Miami DDA awards which the company is eligible to receive and the maximum amount of
Miami DDA awards that the company is eligible to receive for each year;
d. That the Miami DDA may review and verify the financial and personnel records of the company and/or perform on -
site visits to verify employment relating to the New Jobs, wages paid, and ascertain whether the company is in
compliance with the terms of the application/agreement;
e. That compliance with the terms and conditions of the approved application/agreement is a condition precedent for
the receipt of any Miami DDA award in a year and that the company's failure to comply with the terms and conditions
of the approved application/agreement results in the loss of eligibility for receipt of Miami DDA awards and the
revocation by the Board of Directors of the certification of the company as a Miami DDA eligible business;
f. That payment of Miami DDA Incentives is conditioned on and subject to specific annual appropriations and budget
approval by the City6Miami sufficient to pay amounts under the approved application/agreement; and
g. That the amount of the Incentives received will be based on the Incentive levels specified in Section b.
Section 8 - Approval process
Applications will be approved by a resolution of the Board of Directors for the Miami DDA. The Board shall have no obligation
to approve any application before it. Final determination of an approval of the award of Miami DDA incentives shall be at
the sole and absolute discretion of the Board. Upon any Board approval, the Miami DDA shall send the applicant a letter
explaining such approval, any attendant conditions, and request the company's roster of employees.
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EXHIBIT C
COMPENSATION AND BUDGET SUMMARY
A. The maximum compensation under this Agreement shall be $1,000,000.00. The $1,000,000.00 is
allocated between the Projects as follows:
• Flagler Recovery Grant Program — Not to exceed $500,000.00
• Incentive Fund Program — Not to exceed $500,000.00
B. PROVIDER's Itemized Budget, Cost Allocation, Budget Narrative, Personnel, position title and
compensation are attached hereto and made part of this Agreement.
C. All payments shall be for services provided on or after March 13, 2020, and during the term of this
Agreement and in compliance with the previously approved Work Program (Exhibit B) and
Program Budget.
D. Requests for payment should be made on a monthly basis. Reimbursement requests should be
submitted to the CITY by the l0t'' of the following month to the following email address
arpareimbursements@miamigov.com after the indebtedness has been incurred in a form provided
by the Department. Failure to comply with these time frames for requesting
reimbursement/payment may result in the rejection of those invoices within the reimbursement
package which do not meet these requirements. "Upon commencement of the term of this
agreement PROVIDER shall register as a City Supplier through the following web portal:
https: //www.miamigov.com/Business-Licenses/Doing-Business-with-the-City/Register-as-a-City-
Supplier-Vendor. PROVIDER may enroll in Direct Payment with the CITY. The DEPARTMENT
can provide additional information for the PROVIDER to enroll in Direct Payment. PROVIDER
may submit reimbursement requests for services provided on or after March 13, 2020.
E. Each written request for payment shall contain a statement declaring and affirming that services
were provided to certified program participants and in accordance with the approved Work Program
and Program Budget. All documentation in support of each request shall be subject to review and
approval by the CITY at the time the request is made.
F. All expenditures must be verified with a copy of the original invoice and a copy of a check or other
form of payment which was used to pay that specific invoice. In the event that an invoice is paid
by various funding sources, the copy of the invoice must indicate the exact amount (allocation)
paid by various funding sources equaling the total of the invoice. No miscellaneous categories
shall be accepted as a line -item budget.
G. The PROVIDER must submit the final request for payment to the CITY within ten (10) calendar
days following the termination date of this Agreement. If the PROVIDER fails to comply with this
requirement, the PROVIDER shall forfeit all rights to payment and the CITY shall not honor
any request submitted thereafter.
H. Any payment due under this Agreement may be withheld pending the receipt and approval by the
CITY of all reports due from the PROVIDER as a part of this Agreement and any modifications
thereto.
1. During the term hereof and for a period of five (5) years following the date of the last payment
made hereunder, the CITY shall have the right to review and audit the time records and related
records of the PROVIDER pertaining to any payments by the CITY.
Rev. 02.3.22
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Authorized Representative Signature:
Print Name get ha. Crtt{
Title: Ex C[. a 1Vt' �Gkr G o
0Q lotto oa
Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The fo,,: • ' g instrume s ackn
this day of / /)
an independent aaencv and instrume
personally known to me or has produce
[Notary Seal]:
led ,ed befo e by m
20 by
t : lit y of the City',
an s of hysical sence or, o onl�' jal no iz t'
of �
Miaini;FFlorid on behalf f the corporation. He/she is
U�'1LJ as identi, ca on.
ignature of Notary
Notary Public State of Florida
Ivonne de la Vega
My Commission GG 315893
Expires 03/2512023
WAIN
Deg7,04-07145e-( -jl
MAIN
41
Rev. 02.3.22
DocuSign Envelope ID: 7B292B26-0E01-4C83-89BB-DCEB2FB27C80
EXHIBIT D
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) This undersigned shall require that the language of this certification be included in the award
documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants,
loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly.
* Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to cover
Contract/grant transactions over $100,000 (per QMB).
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a pre -requisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
Authorized,Representative Signature:
Print Name: C.hcis►riirvq Cv t
Title: et e ctzleivt. lAreckr MEC
DalO$laaa3
Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument w s cknowledged before me b
noation this day of
•11 KcPc- riu M
of Miami Downt
agency and instrumentality of he Cit y of N mi, F orid
known to me or has produced ! i
[Notary Seal]:
�. ns of NI physical presence or D online
20 2,7) by
Developm. Authority, an independent
behalf of th- entity. He/she is personally
as identificat.n
Signature of Notary
Notary Public State of Ronda
Ivonne de la Vega
MY Commission GG 315893
Vo ,d Expires 03t25!2023
Rev. 02.3.22
42
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EXHIBIT E
CERTIFICATION REGARDING DEBARMENT, SUSPENSION & OTHER
RESPONSIBILITY MATTERS
PRIMARY COVERED TRANSACTIONS
1. PROVIDER certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, and declared
ineligible, or voluntarily excluded from covered transactions by any Federal department
or agency.
b. Have not within a three-year period preceding this proposal been convicted of or had a
civil judgement rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State,
or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or falsification or destruction of records, making false statements, or
receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph 1.b of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall submit an explanation to the City of Miami.
Authorized Representative Signature:
Print Name: �{li5}Z net at'LSv;
Title: eXCLLtttVQC(vi` / (' t b
Co o$l ao53
ate
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me
o ariz ticrit4 that'' day of
of the Miami Downt
agency and instrumentalit of e_City of Mimi, Flo1rid
known to me or has produced
[Notary Seall:
ans of/In physical presence or ❑ online
203 by
'n Develop e t Authority, an independent
half of th entity. He/she is personally
as identi icatic
iv Notary Public State of Flonda
ivonne de to Vega
gc. My Commission GG 315893
q * Expires 03/25/2023
Rev. 02.3.22
43
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EXHIBIT F
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A).
FLORIDA STATUTES ON PUBLIC ENTITY CRIME
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to
by
(Print this individual's name and title)
for
whose business address is
(Print name of entity submitting statements)
and if applicable is Federal Employer Identification Number (FEIN) is
If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
Statement:
2. I understand that a "public entity crime" as defined in paragraph 287.133(1)(a), Florida Statutes, mean a
violation of any state or federal law by a person with respect to and directly related to the transactions of
business with any public entity or with an agency or political subdivision of any other state or with the
United States including, but not limited to any bid or contract for goods or services to be provided to any
public entity or any agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "convection" as defined in Paragraph 287.133(1)(b), Florida Statutes
means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information after July
1, 1989, as a result of a Jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the management of
an affiliate. The ownership by one person of shares constituting a controlling interest in another person,
or a pooling of equipment or income among persons when not for fair market value under an arm's length
agreement, shall be a prima facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Florida during
the preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or services
let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The
Rev. 02.3.22
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term "person" includes those officers, executives, partners, shareholders, employees, members, and agents
who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in a relation to the
entity submitting this sworn statement. (Please indicate with an "X" which statement applies .
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36
months.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36
months. AND (Please indicate which additional statement applies).
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
agents who are active in the management of the entity, or an affiliate of the entity has been charged with
and convicted of a public entity crime within the past 36 months. However, there has been a subsequent
proceeding before a Hearing Officers of the State of Florida, Division of Administrative Hearings and the
Final Order by the Hearing Officer determined that it was not in the public interest to place the entity
submitting this sworn statement on the convicted vendor list. (Attached is a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR
THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31
OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE PERIOD OF THE
CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER. I ALSO UNDERSTAND
THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,
FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION
CONTAINED IN THIS FORM.
Author ze f epresentative Signature:
Print Name: ChC15t1 r
Title: ew1 t f' eeo
Oa I 0 6 6oa3
Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument w knowledged before me b ans ofl physical presence or El online
�rizatio this � day of 20( by
, of the Miami Downtown Develop nt Authority, an independent
City o Mi 1 Fl • a half of entity. e s 1e is personally
as identi ihati
sWAI . IL Ad&
agency and instrumentality
known to me or has produced
{Notary Sealj:
ft
l�
lirgr ure of Notary
,eN.Notary Public State of Florida
Ivonne de la Vega
ILL My Commission GG 315893
-low we Expires 03/25/2023
45
Rev. 02.3.22
DocuSign Envelope ID: 7B292B26-0E01-4C83-89BB-DCEB2FB27C80
EXHIBIT G
INSURANCE REQUIREMENTS
AMERICAN RESCUE PLAN ACT FUNDING
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Products/Completed Operations $1,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
City of Miami included listed as additional insured
Contingent and Contractual Exposures
Premises & Operations Liability
Primary Insurance Clause Endorsement
XCU hazards included, if applicable
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Owned Autos/Scheduled Autos
Including coverage for Hired and Non -Owned Autos
Combined Single Limit $ 300,000
B. Endorsements Required
City of Miami listed as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Employer's Liability
A. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident.
Rev. 02.3.22
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$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
IV. Professional/Error's & Omissions Liability
Each Claim $1,000,000
Policy Aggregate $1,000,000
Retroactive Date Included
V. Certificate Holder Information should be listed as the following:
City of Miami
444 SW 2" Avenue
Miami, FL 33130
'THE DEPARTMENT OF RISK MANAGEMENT RESERVES THE RIGHT TO SOLICIT
ADDITIONAL INSURANCE COVERAGE AS MAY BE APPLICABLE IN CONNECTION
TO A PARTICULAR RISK, OR SCOPE OF SERVICES/WORK PROGRAM"
THE ABOVE POLICIES SHALL PROVIDE THE CITY OF MIAMI WITH WRITTEN
NOTICE OF CANCELLATION IN ACCORDANCE WITH POLICY PROVISIONS.
Companies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than "Class
V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by
A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or
certificates of insurance are subject to review and verification by Risk Management prior
to insurance approval.
Rev. 02.3.22
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DocuSign Envelope ID: 7B292B26-0E01-4C83-89BB-DCEB2FB27C80
Authori" ed Representative Signature:
Print Name:
Title: Q 1CC
1-1641 Vh4
,vt.jv-tcfr ►cfb
oalollapa3
Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE y
The foregoing instrument was acknowledged before me b -ans of L►'1 physical presence or ❑ online
day of '�1". r�_1J 20Q� by
of the Miami Downtown Development Authority, an independent
agency and instrumentalit. of the City +f Miami, F rida, nT behl the corporation. He/she is
personally known to me or has produced WI as identi,cation.
, this
[Notary Seal]:
re of Notary
Ayr N, Notary Public State of Flonda
lvonne de la Vega
4. v . • My Commission GG 315893
'1 o
, wd Expires 03/25/2023
48
Rev. 02.3.22
DocuSign Envelope ID: 7132921326-0E01-4C83-89BB-DCEB2FB27C80
Accyrecii CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
3/21/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
ANDYS ASSURANCE AGENCIES
1441 W Flagler St
Miami, FL 33135
iNsurRED DOWNTOWN DEVELOPMENT AUTHORITY
200 S. BISCAYNE BLVD. #2929
MIAMI,FL. 33131
CbNTACT
NAME:
E-MAIL loreta@andysassurance.com
ADDRESS:
(A/Hco,NNE,,,E,I) (305)642-8407 ANC, No)FAX305) 643-5 969
INSURER(S) AFFORDING COVERAGE NAIL
INSURER A : PROGRESSIVE
INSURER B :
NSURER C
INSURER D
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY DT
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY) I LIMITS
COMMERCIAL GENERAL
CLAIMS -MADE
LIABILITY
OCCUR
EACH OCCURRENCE i $
A D-AMAGE.70-RENTED- , i
I PREMISES (Ea occurrence) I $
MED EXP (Any one person) I $
-t
PERSONAL ti ADV INJURY .$
GEN'L
AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
1 $
P
POLICY
OTHER:
PRO- I
JECT i
LOC
PRODUCTS - COMP/OP AGG
.
$
---I
$
A
AUTOMOBILE
N.,
I 4".
LIABILITY
ANYAUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
-
i,..
I,.
X
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
X
03477944
04/13/2023
04/13/2024
. _
COMBINED SINGLE LIMIT
$ 1 000 , 000
(Ea accident)_ r
BODILY INJURY (Per person) $
I
BODILY INJURY (Per accident)! $
PROPERTY DAMAGET . i $
(Per accident) !
, i $
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
EACI I OCCURRENCE $
AGGREGATE S
DED
RETENTION $
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
N/A
! PER I i OTLI-i
_, ! I
STATUTE I ERY/N
E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - EA EMPLOYEE' $
E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
THE CITY OF MIAMI IS AN ADDITIONAL INSURED REGARDING AUTOMOBILE LIABILITY
CERTIFICATE HOLDER
CANCELLATION
CITY OF MIAMI
444 SW 2ND AVENUE
MIAMI,FL. 33130
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE VVILL BE DELIVERED IN
ACCORDANCE VVITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATI
1"48-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (20'16/03) The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: 7B292B26-0E01-4C83-89BB-DCEB2FB27C80
ANDYS ASSURANCE AGYS
1441 W FLAGLER
MIAMI, FL 33135
1-305-642-8407
Ce
Certificate Holder
icate of Insurance
TSIV,E
COMMERC/AL
Policy number: 03477944
Underwritten by:
Progressive Express Ins Company
NAIC Number: 10193
March 21, 2023
Page 1 of 2
Additional Insured
CITY OF MIAMI
444 SW 2 AVE
MIAMI, FL 33130
Insured
Agent
DOWNTOWN DEVELOPMENT AUTHORITY
200 S BISC BLVD 2929
MIAMI, FL 33131
ANDYS ASSURANCE AGYS
1441 W FLAGLER
MIAMI, FL 33135
This document certifies that insurance policies identified below have been issued by the designated insurer to the insured
named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon
the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The
coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and
conditions of these policies. Liability coverage may not apply to all scheduled vehicles,
Policy Effective Date: Apr 13, 2022
Insurance coverage(s)
Policy Expiration Date: Apr 13, 2023
Limits
Bodily Injury/Property Damage
$1,000,000 Combined Single Limit
Hired Auto Bodily Injury/Property Damage
$1,000,000 Combined Single Limit
Employer's Non -Owned Auto BIPD
$1,000,000 Combined Single Limit
Uninsured Motorist -Nonstacked
$10,000/$20,000
Personal Injury Protection
Description of Location/Vehicles/Special Items
Scheduled autos only
$10,000 w/$0 Ded - Named Insd & Relative
2008 FORD F150 1 FTRX12WO8FB29813
Comprehensive
Collision
Rental Reimbursement
Roadside Assistance
$500 Ded
$500 Ded
$30 Per Day ($900 Max)
Selected w/$0 Ded
2013 RAM RAM 1500 1C6RR6FP7DS644715
Comprehensive
Collision
Rental Reimbursement
Roadside Assistance
$500 Ded
$500 Ded
$30 Per Day ($900 Max)
Selected w/$0 Ded
2020 RAM RAM 1500 1 C6RR6FGXLS157572
Cnnd
000uSignEnvelope ID: 7oon0000-OEo1-4cao-8noo'ocEooFoo7cao
Policy mmur:um/m4
onwwlnwwoEvi"N,wEwTxxmomTY
Comprehensive $500 Ded
O,||idnn $500Ded
Rental Reimbursement $3OPer Day ($9OOMix)
Roadside Assistance Selected ,/$0Ded
200[HEVR0LETOJ0KADO lG[HSUEA6Lll35575
Comprehensive $500Ded
Collision $500Dod
Please be advised that additional insureds and loss payees will be notified in the event nfamid-term cancellation,
DocuSign Envelope ID: 7B292B26-0E01-4C83-89BB-DCEB2FB27C80
EXHIBIT H
PROGRAMMATIC REPORTING REQUIREMENTS
Compliance must be ensured with the following:
State and Local Fiscal Recovery Funds — Compliance and Reporting Guidance, dated February
28, 2022 — Version 3.0 (and any future updates and revisions)
SLFRF Compliance and Reporting Guidance (treasurv.gov)
https://home.treasury. gov/system/files/13 6/S LFRF-Compliance-and-Reporting-Guidance. ndf
Throughout the term of this Agreement, the SUBRECIPIENT shall submit to the CITY a quarterly
report on the 5th day of the month that follows the end of a calendar quarter (i.e., January 5, April
5, July 5, October 5). Upon the end of the term of this Agreement, the SUBRECIPIENT
understands that they are required to submit to the CITY a final quarterly report on the 5th day of
the month that follows the end of the quarter the term of the Agreement ended.
Quarterly reports should be submitted to the CITY via email to arpareporting@miamigov.com
on the form template provided by the CITY. A copy of the reporting form templates are available
upon request.
Programmatic Reporting Required — Flagler Business Assistance (EC 2.29) and Incentive
Fund Program (EC 2.10 or 2.32):
Public Health and Negative Economic Impact (EC 1.1-3.5) - Collection to begin in April
2022
o Brief description of structure and objectives of assistance program(s), including
public health or negative economic impact experienced
o Brief description of how a recipient's response is related and reasonably and
proportional to a public health or negative economic impact of COVID-19.
II. Use of Evidence: (for all ECs indicated) - Collection to begin in April 2022
o The dollar amount of the total project spending that is allocated towards evidence -
based interventions
o Indicate if a program evaluation of the project is being conducted
III. Small Business Economic Assistance (EC 1.8, 2.29-2.33) — Collection to begin April
2022
o Number of small businesses served (by program if recipient establishes multiple
separate small businesses assistance programs)
IV. Project Demographic Distribution (Applicable to Public Health and Negative Economic
Impact ECs: EC 1.1-2.37) — Collection to begin April 2022
o Recognizing the disproportionate public health and negative economic impacts of
the pandemic on many households, communities, and other entities, recipients must
report whether certain types of projects are targeted to impacted and
Rev. 02.3.22
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disproportionately impacted communities. Recipients will be asked to respond to
the following:
■ What Impacted and/or Disproportionally Impacted population does this
project primarily serve? Please select the population primarily served.
• If this project primarily serves more than one Impacted and/or
Disproportionately Impacted population, please select up to two additional
populations served.
• Assistance to Small Businesses — Impacted
o Small businesses that experienced a negative economic
impact of the pandemic
o Classes of small businesses designated as negatively
economically impacted by the pandemic (please specify)
• Assistance to Small Businesses — Disproportionately Impacted
o Small businesses operating in Qualified Census Tracts
o Small businesses operated by Tribal governments or on
Tribal lands
o Small businesses operating in the U.S. territories
o Other small businesses disproportionately impacted by the
pandemic (please specify)
• Assistance to Non -Profits — Impacted
o Non -Profits that experienced a negative economic impact of
the pandemic (please specify)
o Classes of non -profits designated as negatively
economically impacted by the pandemic (please specify)
• Assistance to Non -Profits — Disproportionately Impacted
o Non -profits operating in Qualified Census Tracts
o Non -profits operated by Tribal governments or on Tribal
lands
o Non -profits operating in the U.S. territories
o Other non -profits disproportionately impacted by the
pandemic (please specify)
• Aid to Impacted Industries — Impacted
o Travel, tourism, or hospitality sectors (including Tribal
development districts)
o Industry outside the travel, tourism, or hospitality sectors
that experienced a negative economic impact of the
pandemic (please specify)
Rev. 02.3.22
50
Olivera, Rosemary
From: Brito, Gabriel
Sent: Tuesday, March 28, 2023 11:12 AM
To: Hannon, Todd
Cc: Olivera, Rosemary; Lee, Denise; Gouin, Marie; Quintana, Rachel
Subject: Matter ID# 21-2885 - DDA -ARPA - Flagler Recovery Grant / Incentive Fund Program
Agreement
Attachments: MIAMI_DDA_-_ARPA_PROG - Complete Agreement.pdf
Good morning Todd,
Per your request, attached please find the fully executed copy of an agreement from DocuSign that is to be
considered an original agreement for your records.
GabrlelJ. Brito
CIP Budget Coordinator
Office of Management & Budget
444 SW 2 Avenue, 5th Floor
Miami, Florida 33130
Phone: 305.416.1203
Gbrito@miamigov.com
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