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Memorandum of Agreement FDOT ' �2_0/v-P7 993 ,p/L. MEMORANDUM OF AGREEMENT 2 i!2 0EC 17 PH THIS AGREEMENT made and entered into this g day of 201 by and between the State of Florida, Department of Transportation, hereinafter referred to as "FDOT" and the State of Florida, Department of Financial Services, Division of Treasury, hereinafter referred to as "TREASURY" and the City of Miami Beach hereinafter referred to as the "PARTICIPANT' WITH ESSETH WHEREAS, FDOT is currently constructing the following project: Main Financial Project No.: 250236-3-52-03 County: Miami-Dade hereinafter referred to as the "PROJECT WHEREAS, FDOT and the PARTICIPANT entered into a Locally Funded Agreement (LFA) dated WbbM— 5-, 2012-, wherein FDOT agreed to perform certain work on behalf of the PARTICIPANT in conjunction with the PROJECT. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of FDOT and the PARTICIPANT to establish an interest bearing escrow account to provide funds for the work performed on the PROJECT on behalf of the PARTICIPANT by FDOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An initial deposit in the amount of One Hundred Twenty Six Thousand Five Hundred Thirty Dollars ($126,530.00) will be made by the PARTICIPANT into an interest bearing escrow account established by FDOT for the purposes of the PROJECT. Said escrow account will be opened with the TREASURY on behalf of FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FDOT. 2. Other deposits will be made only by the PARTICIPANT as necessary to cover the cost increases or the cost of additional work prior to the execution of any Supplemental Agreements or Amendments. 3. Payment will be made as follows (check appropriate payment method): Wire transfer E:1 ACH deposit Check r A wire transfer or ACH deposit is the preferred method of payment and should be used whenever possible. Following is the wiring and ACH deposit instructions: For wire transfers: Bank of America Account # 001009068974 ABA# 026009593 Chief Financial Officer of Florida Re: DOT— K 11-78, Financial Project# For ACH deposits: Bank of America Account # 001009068974 ABA# 063100277 Chief Financial Officer of Florida Re: DOT— K 11-78, Financial Project# If a check is the method of payment, the check shall be made payable to the Department of Financial Services, Revenue Processing and mailed to FDOT, OOC-GAO for appropriate processing at the following address: Florida Department of Transportation OOC-GAO, LFA Section 605 Suwannee Street, MS 42B Tallahassee, Florida 32399 4. FDOT's Comptroller or designee shall be the sole signatories on the escrow account with the TREASURY and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed otherwise by the FDOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the PROJECT as defined in the LFA. 6. The TREASURY agrees to provide written confirmation of receipt of funds to FDOT. 7. The TREASURY further agrees to provide periodic reports to FDOT. ICI I Zz f8 zoo ST TE 4F FLORIDA ATE OF LORIDA DEPARTMENT OF TRANSPORTATION DEPARTMENT OF FINANCIAL SERVICES, COMPTROLLER DIVISION OF TREASURY ICIPANT IGNATURE PARTICIPANT NAME &TI LE l�l"00 Con�P,rt-h'�n �n�er �Y evG ATTEST PARTICIPANT ADDRESS Kiwi Wack T INCORP ORATED a- .. ' � FEDERAL EMPLOYER I.D. NUMBER a - APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION I tomow r Date i Florida Department of Transportation RICK SCOTT .1000 NW 1 1 1 Avenue ANANTH PRASAD,P.E. - GOVERNOR Miami, FL 33172 SECRETARY January 2, 2013 Ms. Lilia Cardillo City Clerk's Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Memorandum of Agreement Notice of Execution Project# 250236-3-52-03 Dear Ms. Cardillo, Enclosed for the City of Miami Beach's records is one (1) original fully executed Agreement for the aforementioned project. The Agreement was executed by the Florida Department of Transportation (Department) and the Department of Financial Services, Division of Treasury, on Tuesday, December 18, 2012. Thank you on behalf of the Department for your assistance in expediting the execution of the Agreement. If you have questions or concerns, please feel free to contact me at 305-470-5112. Sincerely, Michell Loren Rapaport Joint Participation Agreement Coordinator cc: Heidi Solaun-Dominguez;Jose Gonzalez; File www.dot.state.fl.us