HomeMy WebLinkAbout23361AGREEMENT INFORMATION
AGREEMENT NUMBER
23361
NAME/TYPE OF AGREEMENT
FDOT
DESCRIPTION
JOINT PARTICIPATION AGREEMENT / PURCHASE OF
TROLLEYS- $6000,000.00 / MATTER ID:19-3197 / #2
EFFECTIVE DATE
February 2, 2020
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
2/5/2021
DATE RECEIVED FROM
ISSUING DEPT.
3/25/2021
NOTE
CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Sandra Harris, Deputy Director
Resilience & Public Works - COM
FROM: Xavier E. Alban, Assistant City Attorne
DATE: January 31, 2020
RE: FDOT - Purchase of Trolleys - $600,000.00
Matter ID No.: 19-3197
Enclosed please find the captioned agreement which has been approved by the City
Attorney as to form and correctness. Once this agreement has been fully executed please file one
original agreement with the City Clerk as the official record, please keep one original agreement
as your Department record, and please e-mail a copy of the fully executed agreement to my
assistant at JMDelOro@miamigov.com. We will be closing our file on this matter unless
additional services are requested.
If you have further questions, please feel free to contact me at 305-416-1800.
Enclosure(s)
WHEN RETURNING THIS CONTRACT
TO THIS OFFICE FOR FURTHER
REVIEW, PLEASE IDENTIFY AS
19-3197
Doc. No.: 1286873
Contract Number:..:::. G1G02
FM:. 444.353=1-84702
CFDA Number: 20.205
JOINT PARTICIPATION AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF MIAMI
VVbn
THIS AGREEMENT is made and entered into this ot day of. .. �r
20aO (the `Effective Date"), between the State of Florida Department of Transportation, a
component agency of the State of Florida, hereinafter referred to as the `DEPARTMENT', and the
City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as the
`CITY'.
RECITALS:
WHEREAS, REAS, the Flagami neighborhood is located on the south and east of the Tamiami
Canal, north of the Tamiami Trail (US 41/South Eighth Street), and west of Red Road (SR
959/West 57`a Avenue), bisected by Flagler Street; and
WHEREAS, the Flagami neighborhood falls under the jurisdiction of the City of Miami;
and
WHEREAS, the CITY desires to continue to provide the established trolley route that
connects the area of the Flagami to the Miami Intermodal Center, and the existing Little Havana
trolley route; and
WHEREAS, the CITY will provide the Flagami Trolley itoute service, hereinafterreferred
to as the `PROJECT', the individual elements of which are outlined in the attached Exhibit "A",
`Scope of Services', which is herein incorporated by reference; and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under
Financial Project Number 444353-1-84-02, and has agreed to reimburse the CITY for eligible
PROJECT costs up to a maximum limiting amount, as outlined in the attached Exhibit "B",
'Financial Summary', which is herein incorporated by reference; and
WHEREAS, the CITY has agreed to supervise, implement and inspect all aspects of
PROJECT administration; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
Page 1 of 18.
Joint Par ticlpation Agreement between the Florida Department ofTranortation and the CI y ofMiami
' ' 'Financial Project Number# 444353-I-84sp-02
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section
339.08(e) and 339.12, Florida Statutes (F.S.);
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other
valuable considerations contained herein, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. INCORPORATION OF RECITALS
The foregoing recitals are true and correct and are incorporated into the body of
this Agreement, as if fully set forth herein.
2. GENERAL REQUIREMENTS
a. The CITY Shall be responsible for assuring that the PROJECT complies with
all applicable Federal, State and Local laws, rules, regulations, guidelines and
standards.
b. The CITY shall submit this Agreement to its governing body or shall complete
appropriate internal review process for ratification or approval prior to
execution.
c. The CITY shall advertise for administer, supervise, implement, evaluate and
inspect all aspects of PROJECT until completion, and, as further defined in
Exhibit "A", `Scope of Services'. The C1TY shall complete the PROJECT
pursuant to the parameters set forth in Exhibit A. The cost of any work
peifuimed prior to the Effective Date or after the expiration date of this
Agreement will not be reimbursed by the Department. All aspects of PROJECT
are subject to the provisions of Title 23 U.S.C. and 49 C.F.R., part 18, and must
be in compliance with all governing laws and ordinances.
d. The CITY shall not execute any contract or obligate itself in any manner
requiring the disbursement of DEPARTMENT funds, including consulting or
construction contracts or amendments thereto, with any third party with respect
to the PROJECT without the prior written approval of the DEPARTMENT.
The DEPARTMENT specifically reserves the right to review qualifications of
any consultant or contractor and to approve or disapprove CITY employment
of same.
e. The C1TY's attorney shall certify to the DEPARTMENT that the Consultant
Selection Process by the CITY in procuring any consultant contract for
engineering, architecture orsurveyingservices entered into by the CITY for
purposes of performing its duties under this Agreement has been accomplished
in compliance with the Consultant's Competitive Negotiation Act (Chapter
287.055,,F.S.)
'i Page 2of18
Joint Participation Agreement between the Florida Department of Transportation and the City of Miami
Financial ProjectNumber# 444353-I-84-02
?
£ The DEPARTMENT chall reimburse the CITY for eligible PROJECT costs as
defined in Exhibit "B", "Financial Summary", and in accordance with the
financial provisions in Section 3 of this Agreement.
g. This Agreement and any interest herein shall not be assigned, transferred or
otherwise encumbered by the CITY under any circumstances without prior
written consent of the DEPARTMENT. However, this Agreement shall inure
to the benefit of the DEPARTMENT and its successors.
h. The CITY shall comply with all federal, state, and local laws and ordinances
applicable with work or payment of work thereof, and will not discriminate on
the grounds of race, color, religion, sex, national origin, age or disability in the
performance of work under this Agreement.
3. FINANCIAL PROVISIONS
a. The DEPARTMENT agrees to compensate the CITY for services described in
Exhibit A — Scope of Services. The Method of Compensation is included in
Exhibit B.
b. The CITY shall provide quantifiable, measurable, and verifiable units of
deliverables. Each deliverable must specify the required minimum level of
service to be performed and the criteria for evaluating successful completion.
The Project, identified as Project Number 444353-1-84-02, and the
quantifiable, measurable, and verifiable units of deliverables are described
more fully in Exhibit A — Scope of Services. (Section 287.05(1)(d) and (e),
F.S.)
c. Invoices shall be submitted by the CITY in detail sufficient for a proper pre -
audit and post audit thereof based on quantifiable, measurable and verifiable
units of deliverables as established in Exhibit A — Scope of Services.
Deliverables must be received and accepted in writing by the DEPARTMENT's
Project Manager prior to payments. (Section 287.058 (1)(a), F.S.)
d. Supporting documentation must establish that the deliverables were received
and accepted in writing by the CITY and must also establish that the required
minimum level of service to. be performed based on the criteria for evaluating
successful completion as specified in Exhibit A — Scope of Services was met.
All costs invoiced shall be supported by properly executed payrolls, time
records, invoices, contracts, or vouchers evidencing in proper detail the nature
and propriety of charges as described in Attachment F — Contract Payment
Requirements.
e. There shall be no reimbursement for travel expenses under this Agreement.
Page 3 of 18
Joint Participation Agreement between the Florida Department of Transportation and the Ci ' ofMiami
Financial Project Number # 40353-1-&4-02
£ Payments shall be made only after receipt and approval of goods and services
unless advance payments are authorized by the Chief Financial Officer of the
State of Florida under Chapters 215 and 216, F.S. or the Department's
Comptroller under Section 334.044 (29), F.S. If the Department determines
that the perfonnance of the CITY is unsatisfactory, the Department shall notify
the CITY of the deficiency to be corrected, which correction shall be made
within a time -frame to be specified by the DEPARTMENT. The CITY shall,
within five (5) days after notice from the DEPARTMENT, provide the
DEPARTMENT with a corrective action plan describing how the CITY will
address all issues of contract non-performance, unacceptable performance,
failure to meet the minimum performance levels, deliverable deficiencies, or
contract non-compliance. If the corrective action plan is unacceptable to the
DEPARTMENT, the .CITY shall be.. assessed a non-performance retainage
equivalent to 10% of the total invoice amount. The retainage shall be applied
to the invoice fir the then -current billing period. The retainage shall be withheld
until the CITY resolves the deficiency. If the deficiency is subsequently
resolved, the CITY may bill the DEPARTMENT for the retained amount during
the next billing period. If the CITY is unable to resolve the deficiency, the
funds retained will be forfeited at the end of the Agreement's tem. (Section
287.058(1)(h), F.5)
The CITY providing goods and services to the Department should be aware of
the following time frames. Inspection and approval of goods and services shall
take no longer than 5 working days unless the bid specifications, purchase
order, or contract specifies. otherwise. The Department has 20 days to deliver a
request for payment (voucher) to the Department of Financial Services. The 20
days are measured from the latter of the date the invoice is received or the goods
or services are received, inspected, and approved.
If a payment is not available within forty (40) days, a separate interest penalty
at a rate as established pursuant to Section 55.03(1), F.S., will be due and
payable, in addition to the invoice amount, to the CITY. Interest penalties of
less than one (1) dollar will not be enforced unless the CITY requests payment.
Invoices that have to be returned to the CTTY because of CITY preparation
errors will result in a delay in the payment. The invoice payment requirements
do not start until a properly completed invoice is provided to the
DEPARTMENT. (Section 215.422(3)(b), F.S.)
A Vendor Ombudsman has been established within the Department of Financial
Services. The duties of this individual include acting as an advocate for the
CITY who may be experiencing problems in obtaining timely payment(s) from
a state agency. The Vendor Ombudsman may be contacted -at (850) 413-5516.
(Section 215.422(5) and (7), F.S.)
g•
Page 4 of 18
Joint Participation Agreement between the Florida Department of TYansportatton and the City ofAtiami
Financial Project Number # 444353-I-84-01
j•
h. The CITY shall maintain an accounting system or separate accounts to ensure
that fiords and projects are tracked separately. Records of costs incurred under
the terms of this Agreement shall be maintained and made available upon
request to the DEPARTMENT at all times during the period of this Agreement
and for five (5) years after final payment is made. Copies of these documents
and records shall be furnished to the DEPARTMENT upon request. Records
of costs incurred include the CITY's general accounting records and the project
records, together with supporting documents and records, of the contractor and
all subcontractors performing work on the project, and all other records of the
Contractor and subcontractors considered necessaryby the DEPARTMENT for
a proper audit of costs. (Section 287.058(4), F.S.)
i. In tfie event this contract is for services in excess of $25,000.00 and a tenn for
'a period of more than one (1) year, the provisions of Section 339.135(6)(a),
F.S., are hereby incorporated:
"The DEPARTMENT, during any fiscal year, shall not expend money, incur
any liability, or enter into any contract which, by its terms, involves the
expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written; made in
violation of this subsection is null and void, and no money may be paid on such
contract. The DEPARTMENT shall require a statement from the Comptroller
of the Department that such funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall
prevent the making of contracts for periods exceeding one (1) year, but any
contract so made shall be executory only for the value of the services to be
rendered or agreed to be paid for in succeeding fiscal years; and This paragraph
shall be incorporated verbatim in all contracts of the DEPARTMENT which are
for an amount in excess of TWENTY-FIVE THOUSAND DOLLARS
($25,000.00) and which have a tern for a period of more than 1 year."
The DEPARTMENT's obligation to pay is contingent upon an annual
appropriation by the Florida Legislature. (Section 287.0582, F.S.)
k. This contract does not involve the purchase of Tangible Personal Property, as
defined in Chapter 273, F.S.
1. The CITY shall:
i. Utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the
Vendor/Contractor during the tenn of the contract; and
ii. Expressly require any contractors and subcontractors performing work
or providing services pursuant to the state contract to likewise utilize the
Page 5 of 18
Joint Participation Agreement between the Florida Department ofTransportation and the Ci0 ofidiami
Financial Project Nwnber # 444353-144.02
U.S. Department of Homeland Security's &Verify system to verify the
employment eligibility of all new employees hired by the subcontractor
during the contract term.
4. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the Iaws of the State
of Florida.
5. AMENDMENT
This Agreement may be amended by mutual agreement of the DEPARTMENT and the
CITY expressed in writing, executed and delivered by each party.
6. TERMINATION
The Department may, by written notice to CITY, suspend any or all of the Department's
obligations under this Agreement for C1TY's failure to comply with applicable law or the
terms of this Agreement until such time as the event or condition resulting in such
suspension has ceased or been corrected. If the Department intends to terminate the
Agreement, the Department shall notify the Agency of such termination in writing at least
thirty (30) days prior to the termination of the Agreement, with instructions to the
effective date of termination or specify the stage of work at which the Agreement is to be
terminated.
If the Agreement is terminated before performance is completed, CITY shall be paid only
for that work satisfactorily performed for which costs can be substantiated. Such
payment, however, may not exceed the equivalent percentage of the Department's
maximum financial assistance.
In the event the Agency fails to perform or honor the requirements and provisions of this
Agreement, CITY shall promptly refund in full to the Department within thirty (30) days
of the termination of the Agreement any funds that were determined by the Department to
have been expended in violation of the Agreement.
7., INVALIDITY
If any part of this Agreement shall be determined to be invalid or unenforceable,
the remainder of this Agreement shall not be affected thereby, if such remainder
continues to conform to the terms and requirements of applicable law.
8. COMMUNICATIONS
a. All notices, requests, demands, consents, approvals and other communications
which are required to be served or given hereunder, shall be in writing and
Page 6 of 18
Joint Participation Agreement between the Florida Department of Transportation and the tatty of Miami
Financial Project Number# 444353-I-84-02
hand -delivered or sent by either registered or certified U.S. mail, return receipt
requested, postage prepaid, addressed to the party to receive such notices as
follows:
To DEPARTMENT: Florida Department of Transportation
1000 Northwest 111 Avenue, Room 6108
Miami, Florida 33172-5800
Attn: Raymond Freeman, Passenger
Operations Manager
Ph: (305) 470-5255
E-mail: Raymond.Freeman@dot.state.fl.us
To CITY: City of Miami
444 SW 2'd Avenue
Nfiami, FL 33130
Attn: Sandia Harris, Project Manager
E-mail: SandraHarris@miamigov.com
b. Either party may, by notice given as aforesaid, change its address for all
subsequent notices. Notices given in compliance with this section shall be
deemed given when placed in the mail.
9. EXPIRATION OF AGREEMENT
The Agreement shall expire on June 30 '. 2021, :unless an extension of the time
period is requested by the CITY` and granted in writing by the DEPARTMENT's
District Six Secretary or Designee. Expiration of this Agreement will be considered
termination of the PROJECT.
10. INVOICING AND PROGRESS REPORTS
In order to obtain any payments, the CITY shall.
i. Submit an expenditure detail report corresponding to the invoice period; and
ii. Submit progress reports; and
The CITY will invoice the DEPARTMENT on a quarterly basis for completed
work. The CITY must submit the final invoice on this PROJECT to the
DEPARTMENT within one hundred twenty (120) days after the expiration of this
Agreement. Invoices submitted after October.28t, 2021, will not be paid.
Page 7 of 18
Joint Participation Agreement between the Florida Deportment of Transportation and the City ofMiami
Finandat Project Numberit 444353-1-84-02
11. AUDITS
State of Florida Single Audit Act requirements as outlined in the attached Exhibit
"D", `Audit Reports', are incorporated herein by reference.
12. ENTIRE AGREEMENT
This Joint Participation Agreement is the entire Agreement between the parties
hereto, and it may be modified or amended only by mutual consent of the parties in
writing.
— REMAINDER OF PAGE INTENTIONALLY LEFT BLANK --
Page 8 of 18
Joint Participation Agreement between the Florida Department of Transportation and the Ciry ofMiami
Financial Project Number 0 444353-1.84-02
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day
and year above written.
CITY OF MIAMI:
BY: sEE..: t?hc.t1fv0 Sf(T,4/4Tvi 1 yL BY:
DEPUTY CITY MANAGER
ATTEST:
STATE OF FLORIDA,
DEPARTMENT OF
TRANSPORTATION:
DIRECTOR OF
TRANSPORTATION
DEVELOPMENT
(SEAL) EXECUTIVE SECRETARY
LEGAL REVIEW:
DISTRICT CHIEF:COUNSEL
Alicia Truiillo, Esq.
Page 9 of 18
Joint Participation Agreement between the Florida Department of Transportation and the city of Miami
Financial Protect Number 0 444353-1-81-02
CTI4.C7 Piot_
CITY OFMIAMI,
a Florida municipal corporation
ATTEST:
BY:
—TOdda..Hatnflon,
City Clerk
/7. /
APPROVED AS TO LEGAL FORM AND APPROVED AS TO/INRJRANCE
REQUIREMENTSr ./
/ ••
CORRECTNESS:
Victor a Mendei ,,,
City tto•
/
BY: '
AnneiMalle Sharpe, Director
Risk agement
To: raymond.freemansadot.state.fl.us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
G1G02
10/29/2019
CONTRACT INFORMATION
G1G02
GD - GRANT DISBURSEMENT (GRANT)
G - GOVERMENTAL AGENCY (287,057,F.S.)
artNiteai r. - y`:6• CITY OFMIAMI
osireetTiiBuiigj(Cel
City of Miami Trolley -SFY20 Operating Assistance for the Flagami Route
FUNDS APPROVAL. INFORMATION
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 10/29/2019
ROVED
Total Amount: $800,000.00
Pagel of 1
EDIT "A"
SCOPE OF SERVICES
Project Description: Operating Assistance up to 50% - City of Miami — Flagami Trolley Route
Project Location: City of Miami/Miami, FL
Project Scope: The City is providing a Trolley service within the Flagami area, Miami's
westernmost neighborhood. Approximately 85,310 people live within a half mile of the preferred
alignment A large amount of low/high density -multi -family uses exist on the north side of NW 7
Street. The neighborhood is roughly defined as south and east of the Tamiami Canal, north of the
Tamiami Trail (US 41/South Eighth Street) and west of Red Road (SR 959/West 57th Avenue),
bisected by Flagler Street. The current circulator service is a 15.6 rule route and operates Monday
through Saturday from 6:30 to 11:00 PM.
Deliverables: City of Miami will provide the Flagami Trolley Route.
FDOT Financial Project Number: 445206-1-84-02
County: Miami -Dade
FDOT Project Manager: Raymond Freeman, Raymond.Freeman@dot.state.fl.us
CITY Project Manager: Sandra Harris, SandraHarris@miamigov.com
Page 10 of 18
Joint Participation Agreement between the Florida Department of Transportation and the Ciry ofMiami
Financial Project Number 11444353-1-84-02
EXHIBIT "B"
FINANCIAL SUMMARY
Estimated PROJECT costs and deliverables for reimbursement are below -listed:
Total PROJECT costs eligible for reimbursement by the DEPARTMENT:. $600,000.00
The City shall submit invoices_for. the associated roiect costs and the Department shall -
50°%.ofthe invoice u to the total Depaiinez contribution. of $600.000.00
Financial
,Project
Number
Fund
Type
FLAIR
Category
' Federal
Fiscal
:Year _
::Object -
Code
CFDA
Number
CFDA
Title
Funding
Amount
444353-1-84-02
CM
088774
2019
780000
20.205
_:....
Commuter
Assistance
ro1$gta n Ride
Share Grant
$600,000.00
Total Financial Assistance
'.$600,000.00
Operations Phase — Estimate of Project Costs by Budget Category:
Budget Categories
Operations (Transit :`.. State
`; Local
' Federal
Total
Salaries :.:.....:: '1 $0
$
$0 ;
1$0
' $0 . .
Frin&e Benefits-_....:. l.:$0.
1$0
SO
$0..
Contractual Services : $0
$600,000.00
, $610,000.00
$1.,200,000.00 •
Travel ..-...:..-_ :'$0
$0.._
$0
$0 ...
Other Direct Costs '4 .$0 ... '
S0.:... :..-.
$0....::..... .
._..;.$0......,
_
Totals ..•. -, ,; $0 .. , p$600,000.00 :
$600,000.00
$1,200,000..00
*Budget Category amounts are estimates and can be shtfied between items without amendment
(due to being within the Operations Phase) but the revised budget must be updated and reflected
in Florida Accountability Contract 'hacking System (FACTS).
Total PROJECT Cost Estimate: $1,200,000.00
DEPARTMENT Contribution: $600,000.00
Page 11 of 18
Joint Participation Agreement between the Florida Department of Transportation and The City of -Miami
Financial Project Number tl 444353-1-81-02
EXHIBIT "C"
RESOLUTION
To be herein incorporated once approved by the CITY Commission.
'SoCu l tad A)o• i- i9- 00S j
Page 12of18
Joint Participation Agreement between the Florida Department of71-ansportattan and the Cio, of Miami
Financial Project Number N 444353-1-81-02
City of Mia ni
Legislation
Resolution: R-19-0031
City Hall
350D Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5209
Final Action Date: 1/10/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
PUBLIC TRANSPORTATION GRANT AGREEMENT BETWEEN THE CITY OF
MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION
("FDOT") ACCEPTING THE STATE OF FLORIDA'S CONTRIBUTION IN THE
AMOUNT OF $600,000.00 FOR OPERATING COSTS ASSOCIATED WITH THE
FLAGAMI TROLLEY SERVICE FOR FISCAL YEAR 2018 - 2019;
AUTHORIZING THE ALLOCATION OF THE CITY'S REQUIRED MATCHING
FUNDS IN THE AMOUNT OF $600,000.00 FOR FISCAL YEAR 2018 - 2019
FROM THE CITY'S SHARE OF THE TRANSIT SURTAX; AUTHORIZING THE
ALLOCATION OF THE CITY'S REQUIRED MATCHING FUNDS IN THE
AMOUNT OF $600,000.00 FOR EACH SUCCESSIVE FISCAL YEAR
THROUGH FISCAL YEAR 2020 - 2021 FROM THE CITY'S SHARE OF THE
TRANSIT SURTAX SUBJECT TO THE EXECUTION OF SUBSEQUENT
PUBLIC TRANSPORTATION GRANT AGREEMENTS; AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER
DOCUMENTS INCLUDING ANY AMENDMENTS, RENEWALS, AND
EXTENSIONS SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND
BUDGETARY APPROVALS HAVING BEEN PREVIOUSLY MADE AND IN
COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE
CITY OF MIAMI , FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE
CITY OF MIAMI'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT,
AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER
18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE
NECESSARY FOR SAID PURPOSE.
SPONSOR(S): Commissioner Manolo Reyes
WHEREAS, in an effort to reduce vehicular congestion, improve pedestrian mobility, and
enhance transit service in the Flagami and surrounding areas, the City of Miami ("City")
proposes the addition of the Flagami Trolley route ("Route") to the City's Trolley program; and
WHEREAS, the proposed Route runs from the Miami Intermodal Center ("MIC") to
Northwest 37th Avenue, to Northwest 7th Street, to Northwest 571h Avenue, and serves the most
westem portion of the City and when traveling east, the Route will serve partial sections of
Southwest 8th Street, West Flagler Street, and Northwest 7th Street to the Magic City Casino and
return to the MIC, Miami, Florida; and
WHEREAS, the Route serves the area's City parks and schools, connecting with the
City's Little Havana Trolley; the County's Transit routes 6, 7, 8, 11, 37, 51, 57, 73, and 238; the
City of West Miami Shuttle; and the Coral Gables Trolley located in the immediate area; and
City of Miami Page 1 of 3 File ID: 5209 (Revision: 8) Printed On: 1/30/2020
File ID: 5209 Enactment Number: R-19-0031
WHEREAS, Southwest 8th Street, West Flagler Street, Northwest 7th Street, Northwest
and Southwest 37th Avenue, and Northwest and Southwest 57th Avenue are major arterials in
the City that would be connected by the proposed Route to the existing Little Havana Trolley
route; and
WHEREAS, the Florida Department of Transportation ("FDOT") has programmed
$600,000.00 of State of Florida funds for operating costs associated with the proposed Route;
and
WHEREAS, the City is required to provide an equivalent match and enter into a Public
Transportation Grant Agreement, in substantially the attached form, for said purpose; and
WHEREAS, the City's matching funds, in the amount of $600,000.00, are to be allocated
from the City's share of the Transit Surtax; and
WHEREAS, the allocation of the City's matching funds in the amount of $600,000.00 for
each successive fiscal year through Fiscal Year 2020 - 2021 from the City's share of the Transit
Surtax will be subject to future Public Transportation Grant Agreements between the City and
FDOT and budgetary approval at time of need;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized' to negotiate and execute a Public
Transportation Grant Agreement between the City and FDOT for Fiscal Year 2018 - 2019
accepting the State of Florida's contribution in the amount of $600,000.00 for the operating
costs associated with the Route.
Section 3: The City Manager is authorized to negotiate and execute any and all other
necessary documents including any amendments, renewals, and extensions subject to
allocations, appropriations, and budgetary approvals having been previously made and in
compliance with all applicable provisions of the Code of the City of Miami, Florida, as amended,
("City Code"), including, the City's Procurement Ordinance, Anti -Deficiency Act, and Financial
Integrity Principles, all as set forth in Chapter 18 of the City Codejn a form acceptable to the
City Attorney and in compliance with applicable regulations, as may be necessary for said
purpose.
Section 4. The allocation of the City's matching funds in the amount of $600,000.00 for
Fiscal Year 2018 - 2019 from the City's share of the Transit Surtax is authorized.
Section 5. The allocation of the City's matching funds in the amount of $600,000.00 for
each successive fiscal year through Fiscal Year 2020 - 2021 from the City's share of the Transit
Surtax is authorized subject to the future execution of Public Transportation Grant Agreements
between the City and FDOT and budgetary approvals at time of need.
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 3 File ID 5209 (Revision: B) Printed on: 1/30/2020
File ID: 5209 Enactment Number:R-19-0031
Section 6. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
rider. iy Attor
12/31/2018
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 3 of 3 File ID: 5209 (Revision: B) Printed on: 1/30/2020
EXHIBIT "D"
AUDIT REPORTS
Federally Funded:
1. The administration of resources.. awarded through the Department. to the CITY by this
Agreement may be subject to audits and/or monitoring by the Department. The following
requirements do not limit the, authority of the Department to conduct or arrange for the conduct
of additional audits or evaluations of Federal awards or limit the authority of any State agency
inspector general„ the State of Florida Auditor General or any other State official. The CITY
shall comply with all audit and audit reporting requirements as specified below.
a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart
F — Audit Requirements, monitoring procedures may include but not be limited to on -
site visits by Department staff and/or other procedures including, reviewing any required
performance and financial reports, following up, ensuring corrective action, and issuing
management decisions on weaknesses found through audits when those findings pertain
to Federal awards provided through the Department by this Agreement. By entering into
this Agreement, the CITY agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. The CITY further agrees
to comply and cooperate with any inspections, reviews, investigations or audits deemed
necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of
Florida Auditor General.
b. The CITY, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit
Requirements, as a subrecipient of a Federal award awarded by the Department through
this Agreement is subject to the following requirements:
i. In the event the CITY expends a total amount of Federal awards equal to or in
excess of the threshold established by 2 CFR Part 200, Subpart F — Audit
Requirements, the CITY must have a Federal single or program -specific audit for
such fiscal year conducted in accordance with the provisions of 2 CFR Part 200,
Subpart F — Audit Requirements. Exhibit "G" — Financial Assistance (Single
Audit Act) to this Agreement provides the required Federal award identification
information needed by the CITY to further comply with the requirements of 2
CFR Part 200, Subpart F — Audit Requirements. In determining Federal awards
expended in a fiscal year, the CITY must consider all sources of Federal awards
based on when the activity related to the Federal award occurs, including the
Federal award provided through the Department by this Agreement. The
determination of amounts of Federal awards expended should be in accordance
with the guidelines established by 2 CFR Part 200, Subpart F — Audit
Requirements. An audit conducted by the State of Florida Auditor General in
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Joint Participation Agreement between the Florida Department of Transportation and the an, of iami
Financial Project Namberii 444353-1-84-02
accordance with the provisions of 2 CFR Part 200, Subpart F — Audit
Requirements, will meet the requirements of this part.
ii. In connection with the audit requirements, the CITY shall fulfill the requirements
relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F
— Audit Requirements.
In the event the CITY expends less than the threshold established by 2 CFR Part
200, Subpart F — Audit Requirements, in Federal awards, the CITY is exempt
from Federal audit requirements for that fiscal year; However, the CITY must
provide a single audit exemption statement to the Department at
FDOTSimi`leAuditta'dotstate.fl.us.no later than nine months after the end of the
CITY's audit period for each applicable audit year. In the event the CITY expends
less than the threshold established by 2 CFR Part 200, Subpart F — Audit
Requirements, in Federal awards in a fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit
Requirements, the cost of the audit must be paid from non -Federal resources (i.e.,
the cost of such an audit must be paid from the CITY's resources obtained from
other than Federal entities).
iv. The CITY must electronically submit to the Federal Audit Clearinghouse (FAC)
at httr s:/Lharvester.censusz ovlfacweb/ the audit reporting package as required by
2 CFR Part 200, Subpart F Audit Requirements, within the earlier of 30 calendar
days after receipt of the auditor's report(s) or nine months after the end of the
audit period. The FAC is the repository of record for audits required by 2 CFR
Part 200, Subpart F — Audit Requirements, and this Agreement However, the
Department requires a copy of the audit reporting package also be submitted to
FDOTSini ieAudit(Jdot.state.fLus within the earlier of 30 calendar days after
receipt of the auditor's report(s) or nine months after the end of the audit period
as required by 2 CFR Part 200, Subpart F — Audit Requirements.
v. Within six months of acceptance of the audit report by the FAC, the Department
will review the CITY's audit reporting package, including corrective action plans
and management letters, to the extent necessary to determine whether timely and
appropriate action on all deficiencies has been taken pertaining to the Federal
award provided through the Department by this Agreement. If the CITY fails to
have an audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit
Requirements, the Department may impose additional conditions to remedy
noncompliance. If the Department determines that noncompliance cannot be
remedied by imposing additional conditions, the Department may take
appropriate actions to enforce compliance, which actions may include but not be
limited to the following:
I . Temporarily withhold cash payments pending correction of the deficiency
by the Agency or more severe enforcement action by the Department;
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Joint Participation Agreement behveen the Florida Department of Transportation and Me City of Miami
Financial Project Number N 444353-1-84-O2
2. Disallow (deny both use of funds and any applicable matching credit for)
all or part of the cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate the Federal award;
4. Initiate suspension or debarment proceedings as authorized under 2
C.F.R. Part 180 and Federal awarding agency regulations (or in the case
of the Department, recommend such a proceeding be initiated by the
Federal awarding agency);
5. Withhold further Federal awards for the Project or program;
6. Take other remedies that may be legally available.
vi. As a condition of receiving this Federal award, the CITY shall permit the
Department, or its designee, the CFO or State of Florida Auditor General access
to the CITY's records including fmancial statements, the independent auditor's
working papers and project records as necessary. Records related to unresolved
audit findings, appeals or litigation shall be retained until the action is complete
or the dispute is resolved.
vii. The Department's contact information for requirements under this part is as
follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0450
FDOTSinLleAudita)dot.state.fi.us
c. The CITY shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of five years from the date the audit report is issued and shall
allow the Department, or its designee, the CFO or State of Florida Auditor General access
to such records upon request. The CITY shall ensure that the audit working papers are
made available to the Department, or its designee, the CFO, or State of Florida Auditor
General upon request for a period of five years from the date the audit report is issued
unless extended in writing by the Department.
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Joint Participation Agreement between the Florida Department oj7lmsportotion and the City ofMiami
Financial Project Number # 444353-1-84-02
ATTACHMENT F
Contract Payment Requirements.
Florida Department of Financial Services, Reference Guide for State Expenditures
Invoices for cost reimbursement contracts must be supported by an itemized listing of
expenditures by category (salary, travel, expenses, etc). Supporting documentation shall be
submitted for each amount for which reimbursement is being claimed indicating that the itern has
been paid. Documentation for each amount for which reimbursement is being claimed must
indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual
checks. Each piece of documentation should clearly reflect the dates of service. Only
expenditures for categories in the approved agreement budget may be reimbursed. These
expenditures -must be allowable (pursuant to law) and directly related to the services being
provided.
Listed below are types and examples of supporting documentation for cost reimbursement
agreements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll
register should show gross salary charges, fringe benefits, other deductions and net pay.
If an individual for whom reimbursement is being claimed is paid by the hour, a
document reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the
amount paid on behalf of the employee (e.g., insurance premiums paid). If the
contract specifically states that fringe benefits will be based on a specified
percentage rather than the actual cost of fringe benefits, then the calculation for the
fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or
copies of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061,
Florida Statutes, which includes submission of the claim on the approved State travel
voucher or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If
nonexpendable property is purchased using State funds, the contract should include a
provision for the transfer of the property to the State when services are terminated.
Documentation must be provided to show compliance with Department of Management
Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for
contracts which include services and that provide for the contractor to purchase tangible
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Joint Partiefpation Agreement between the Florida Department of Transportation and the City of Miami
Financial Project Number R 944353-I-84-01
(5) personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer
to the State.
(6) In-house charges: Charges which may be of an internal nature (e.g., postage, copies,
etc.) may be reimbursed on a usage log which shows the units times the rate being
charged. The rates must be reasonable.
(7) Indirect costs: If the contract specifies that indirect costs will be paid based on a
specified rate, then the calculation should be shown.
Contracts between state agencies, and or contracts between universities may
submit alternative documentation to substantiate the reimbursement request that
may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State
Expenditures can be found at this web address
httj ://www fldfs.com/aadir/reference._ ►iiide.htm
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Joint Participation Agreement behween the Florida Department ofTransportation and the City ofM aint
Financial Project Number # 444353-1-84-02
Or
EXHIBIT — G
FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below.
If the resources awarded to the recipient represent more than one Federal or State program, provide the same
information. for each program and the total resources awarded. Compliance Requirements applicable to each
Federal or State program should also be listed below. lithe resources awarded to the recipient represent more than
one program, list applicable compliance requirements for each program in the same manner as shown here:
• (e.g., What services or purposes the resources must be used for)
• (e.g., Eligibility requirements for recipients of the resources)
• (Etc..)
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may
elect to use language that requires the recipient to comply with the requirements of applicable provisions of
specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the
specific law, rule, or regulation referred to.
FEDERAL RESOURCES
Federal A.Ucncv' Cataloof Federal Domestic: Assistance (Number &.Titles. Amount
Florida Department 20205 - Highway Planning and Construction $600,000.00
of Transportation
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 21597(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient,
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Joint Participation Agreement between the Florida Department of. ansporfation and Miaml Dade Department of •Transportation t Public Works
Financial Project Number(! 445206-1-84-01