Resolution 2018-30405RESOLUTION NO.
2018 -30405
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A WORK ORDER WITH TEAM CONTRACTING, IN THE
NOT TO EXCEED AMOUNT OF $731,181.80, FOR THE 28TH STREET OBELISK
RESTORATION PROJECT, PURSUANT TO THE COMPETIVELY BID
SOURCEWELL, FORMERLY KNOWN AS NATIONAL JOINT POWERS
ALLIANCE (NJPA), COOPERATIVE CONTRACT FOR CONSTRUCTION
SERVICES.
WHEREAS, Job Order Contracting (JOC) is a contracting methodology that
enables facility owners to expedite and accomplish a large number of repairs,
maintenance and construction projects with a single, competitively bid contract with
pre - established pricing for most construction activities; and
WHEREAS, prior to October, 2012, the City acquired construction services for
most small or emergency construction projects through a Job Order Contracting
process; however, since the Fall of 2012, the City had not utilized the JOC
methodology and had no similar system in place for expediting construction and
maintenance projects, which significantly impacts the City's ability to complete work
in a timely manner; and
WHEREAS, the Finance and Citywide Projects Committee (the "Committee "),
on February 21, 2014, endorsed a recommendation by the Administration, as a pilot
to reintroduce this efficient process of project delivery to the City, to begin utilizing
the Gordian Group's indefinite quantity contract (IQC), alternatively known as JOC,
for construction services to expedite the delivery of construction or maintenance
projects under $250,000, or for emergency projects, as approved by the City
Manager; and
WHEREAS, Sourcewell, formally known as National Joint Powers Alliance
(NJPA), a national cooperative that bids contracts aggregating the spend volume of
agencies across the country, awarded Contract No. 071415 -GGI for IQC
construction services, and said contract includes an award to Team Contracting,
through the Gordian Group's IQC process, to provide services to the City pursuant to
the contract; and
WHEREAS, on January 15, 2014, via Resolution No 2014 - 28462, the City
Commission authorized the Administration to utilize cooperative awards by
Sourcewell, pursuant to Section 2 -369 of the Miami Beach City Code; and
WHEREAS, in order to comply with the Project Schedule set forth in the
Agreement with the Florida Department of State (SC729, amended on March 20,
2018), the Administration desires to expedite the Obelisk Project, and is
recommending utilizing the Sourcewell IQC Contract No. 071415 -GGI to procure the
necessary construction services expeditiously; and
WHEREAS, the Property Management Department has identified Team
Contracting, Inc., a contractor awarded the Sourcewell IQC Contract No. 071415-
GGI for IQC services, as the most qualified and experienced contractor to complete
the required scope; and
WHEREAS, on July 13, 2018, after negotiations, the Contractor submitted a
bid proposal in the amount of $731,181.80 for the Obelisk Project, including a project
contingency, which includes the restoration of the Obelisk, base building and original
circular plaza; and
WHEREAS, the cost proposal was reviewed and analyzed by the Architect of
Record for the Project, the City's Facilities Capital Projects Coordinator and the
Gordian Group and was found to be fair and reasonable; and
WHEREAS, the City Manager is recommending that the City Commission
approve the award of the 28th Street Obelisk Restoration Project to Team
Contracting, pursuant to Sourcewell IQC Contract No. 071415 -GGI for IQC services.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission hereby approve and authorize the City Manager to execute a work
order with Team Contracting Inc., pursuant to Sourcewell IQC Contract No. 071415-
GGI, in the not to exceed amount of $731,181.80 for the 28th Street Obelisk
Restoration Project, including a project contingency.
/PASSED AND ADOPTED THIS a DAY OF
� 2018.
ATTEST:
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attomey R ate
M
AMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139, www.miamibeachfl.gov
Agenda Item C 7lo✓
Date 1-a5 -/ g
COMMISSION MEMORANDUM
TO: Honorable Mayor Dan Gelber and ,!' embers o e City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 25, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APP" OVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A WORK ORDER WITH TEAM CONTRACTING,
INC., IN THE NOT TO EXCEED AMOUNT OF $731,181.80, FOR THE 28TH
STREET OBELISK RESTORATION PROJECT, PURSUANT TO THE
COMPETIVELY BID SOURCEWELL, FORMERLY KNOWN AS NATIONAL
JOINT POWERS ALLIANCE (NJPA), COOPERATIVE CONTRACT FOR
CONSTRUCTION SERVICES.
ADMINISTRATION RECOMMENDATION
City Administration recommends adopting the resolution.
Background and Analysis
In October 2008, the City retained Douglas Wood Associates (DWA) to prepare a Conditions
Assessment. Report for eleven historical monuments, fountains and sculptures throughout the
City (Attachment A). The report ranked the 28th Street Obelisk highest on the list of priorities for
restoration and repairs.
In 2016, the City's Budget Office allocated a total of $631,780.00 in two separate projects
towards the restoration of the historic pump station and obelisk. The same year, the City's
Grants Office sought additional grant funding for the project from the State of Florida Division of
Historical Resources. Consequently Grant No. SC729, pledging a cash match amount of
$215,000, was executed with the Florida Department of State on November 18, 2016 and
amended on March 20, 2018 (Attachment B).
To date, the Construction Documents have been fully approved by the City's Building
Department, with permit issuance pending only the formal assignment of a General Contractor.
On January 15, 2014, via Resolution No. 2014 - 28462, the City Commission authorized the
Administration to utilize cooperative awards by Sourcewell pursuant to Section 2 -369 of the
Miami Beach City Code. On February 21, 2014, the Finance and Citywide Projects Committee
(the "Committee ") endorsed a recommendation by Administration to reintroduce the efficient
process of project delivery to the City by utilizing the Gordian's Group indefinite quantity contract
(IQC), alternatively known as Job Order Contracting (JOC), as a means of expediting
construction projects under $250,000 or emergency projects with the approval of the City
Manager. Sourcewell, formally known as National Joint Powers Alliance (NJPA), is a national
cooperative that bids contracts aggregating the spend volume of agencies across the country.
We are committed to providing excellent public seiv/ce and safety to all who live, work and play in our vibrant, tropical, histonfc community.
Commission Memorandum
July 25, 2018
Page 2
Through the Gordian's Group IQC process, Sourcewell awarded Contract No. 071415 -GCI,
which includes Team Contracting, Inc. to provide construction services to the City pursuant to
the contract.
In order to comply with the Project Schedule set forth in the Agreement with the Florida
Department of State, the Administration desires to expedite the 28th Street Obelisk Restoration
Project (the "Project ") and recommends utilizing the Sourcewell IQC Contract No. 071415 -GCI
to procure the necessary constructions services. The Property Management Department has
identified Team Contracting Inc., a contractor awarded to the Sourcewell IQC Contract No.
071415 -GCI, as the most qualified and experienced contractor to complete the required scope.
On July 13, 2018 the City and the Gordian Group met with the Contractor to review the scope
for the Project. After negotiations, the contractor submitted a bid proposal in the amount of
$731,181.80 for the Project, which includes restoration of the Obelisk and base building as well
as the original circular plaza around the base building. The cost proposal was reviewed and
analyzed by the Architect of Record for the Project, the City's Facilities Capital Projects
Coordinator and the Gordian Group; and was found to be fair and reasonable. Therefore, the
Administration believes that it is in the City's best interest to award the Project to Team
Contracting, Inc. through the IQC process, in a total amount not to exceed $731,181.80.
Conclusion
The City Manager recommends that City Commission approve the award of the 28th Street
Obelisk Restoration Project to Team Contracting, Inc. pursuant to Sourcewell IQC Contract No.
071415 -GCI for construction services, in the not to exceed amount of $731,181.80, including
project contingency.
Legislative Tracking
Property Management Department
ATTACHMENTS
Description
A Conditions Assessment Report for Eleven Historical, Monuments, Fountains and Sculptures, Douglas Wood
& Associates, Inc.
B Agreement Between The State of Florida, Department of State and City of Miami Beach (Grant No. SC729)
C NJPA EZIQC Contract No.: FLO4UG3- 051716 -TCI (City of Miami Beach and Team Contracting, Inc.)
Attachment B
AGREEMENT BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF STATE
AND
CITY OF MIAMI BEACH
SC729
This Agreement is by and between the State of Florida, Department of State, Division of
Historical Resources hereinafter referred to as the "Division," and the City of Miami Beach
hereinafter referred to as the "Grantee."
The Grantee has been awarded a Special Category Grant by the Division, grant number SC729
for the Project "The 28th Street Obelisk Restoration Project," in the amount of $215,000 ( "Grant
Award Amount "). The Division enters into this Agreement pursuant to Line Item 3077A,
contained in the FY 2016-2017 General Appropriations Act, HB 5001, Laws of Florida, The
Division has the authority to administer this grant in accordance with Section 267.0617, Florida
Statutes.
In consideration of the mutual covenants and promises contained herein, the parties agree as
follows:
1. Grant Purpose. This grant shall be used exclusively for the "The 28th Street Obelisk
Restoration Project," the public purpose for which these funds were appropriated.
a) The Grantee shall perform the following Scope of Work:
Grant funds will be used for the conservation, structural rehabilitation, and mechanical
repair /replacement of the 28th St. Obelisk and Pumping Station. Architectural,
engineering and laboratory services are provided for this project. All tasks associated
with the Project, as outlined in the Project Description (see Attachment A), will be
completed by June 30, 2018.
b) The Grantee agrees to provide the following Deliverables and Performance Measures
related to the Scope of Work for payments to be awarded.
Payment 1, Deliverable /Task 1:
• Payment 1 will be fixed price in the amount of 30 percent of the grant award.
The Grantee will have completed at least 30 percent of the project prior to this
payment. The performance measure documenting satisfactory completion of
Deliverables will be a completed Application and Certificate for Payment
(AIA Document G702) and Schedule of Contract Values (AIA Document
G703), or its equivalent, showing at least 30 percent of the project completed.
Payment 2, Deliverable /Task 2:
• Payment 2 will be fixed price in the amount of 30 percent of the grant award.
The Grantee will have completed at least 60 percent of the project prior to this
payment. The performance measure documenting satisfactory completion of
Deliverables will be a completed Application and Certificate for Payment
1
Grant Award Agreement (Form GAA001), Effective 06/2016
Rule 1A- 39.001, Florida Administrative Code
Attachment B
(AIA Document G702) and Schedule of Contract Values (AIA Document
G703), or its equivalent, showing at least 60 percent of the project completed.
Payment 3, Deliverable/Task 3:
• Payment 3 will be fixed price in the amount of 40 percent of the grant award.
The Grantee will have completed 100 percent of the Project prior to this
payment. The performance measure documenting satisfactory completion of
Deliverables will be a completed Application and Certificate for Payment
(AIA Document G702), Schedule of Contract Values (AIA Document G703),
and a Certificate of Substantial Completion (AIA Document G704), or its
equivalent, showing 100 percent of the Project completed, including all
retainage amounts paid. The performance measure documenting satisfactory
completion of Deliverables will also be submission and acceptance of a Final
Project Progress Report that certifies that all project funds have been
expended in the way here agreed upon and the Project has been closed out. In
addition, a Single Audit Rum shall be completed by the Grantee and
submitted along with the Final Progress Report prior to final payment.
c) The Grantee has provided an Estimated Project Budget based upon reasonable
expenditures projected to accomplish the Grantee's Scope of Work and Deliverables for
fiscal years 2016-2018. The Budget provides details of how grant funds will be spent and
all expenditures shall be in accordance with this budget (which is incorporated as part of
this Agreement and entitled Attachment B).
2. Length of Agreement. This Agreement shall begin on July 1, 2016, and shall end June 30,
2018, unless terminated in accordance with the provisions of Section 33 of this Agreement.
Contract extensions will not be granted unless Grantee is able to provide substantial written
justification and the Division approves such extension. The Grantee's written request for such
extension must be submitted to the Division no later than thirty (30) days prior to the
termination date of this Agreement.
3. Contract Administration. The parties are legally bound by the requirements of this
Agreement. Each party's contract manager, named below, will be responsible for monitoring
its performance under this Agreement, and will be the official contact for each party. Any
notice(s) or other communications in regard to this agreement shall be directed to or
delivered to the other party's contract manager by utilizing the information below, Any
change in the C011tilet information below should be submitted in writing to the contract
manager within 10 days of the change.
For the Division of Historical Resources:
Kechia Herring
Florida Department of State
R.A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399
Phone: (850) 245-6310
Email: Kechia.Herring@dos.myflorida.com
2
Grant Award Agreement (Form GAA001), Effective 06/2016
Rule 1A-39.001, Florida Administrative Code
Attachment B
For the Grantee:
Contact: Judy Hoanshelt
Address: 1700 Convention Center Dr. Miami Beach, FL 33139
Phone: (305) 673 -7510
Email: judyhoanshelt@miamibeachfl.gov
miamibeachfl.gov
4. Grant Payments. Non - advance grant payments are requested by submitting the following:
• Grant Funds Expenditure Log demonstrating appropriate use of state funds
• Documentation that the deliverable has been completed
• Payment Request form
The total grant award shall not exceed the Grant Award Amount, which shall be paid by the
Division in consideration for the Grantee's minimum performance as set forth by the terms
and conditions of this Agreement. The grant payment schedule is outlined below:
a) The first payment will be 30 percent of the Grant Award Amount. Payment will be made
in accordance with the completion of the Deliverables.
b) The second payment will be 30 percent of the Grant Award Amount. Payment will be
made in accordance with the completion of the Deliverables.
c) The third payment will be 40 percent of the Grant Award Amount. Payment will be made
in accordance with the completion of the Deliverables.
S. Electronic Payments. The Grantee can choose to use electronic funds transfer (EFT) to
receive grant payments. All grantees wishing to receive their award through electronic funds
transfer must submit a Direct Deposit Authorization form to the Florida Department of
Financial Services. If EFT has already been set up for the organization, the Grantee does not
need to submit another authorization form unless the organization has changed bank
accounts. To download this form visit
h ttf..l /rye ; v m yfloridae1 cot ll ivi gr A orn tpFS -A 1 6E p f, This page also includes
tools and information that allow you to check payment status.
6. Florida Substitute Form W -9. A completed Substitute Form W -9 is required from any
entity that receives a payment from the State of Florida that may be subject to 1099
reporting. The Department of Financial Services (DFS) must have the correct Taxpayer
Identification Number (TIN) and other related information in order to report accurate tax
information to the Internal Revenue Service (IRS). To register or access a Florida Substitute
Form W -9 visit h ttp [/w , w y nd rny o,eona /. A copy of the Grantee's Florida
Substitute Form W -9 must be submitted to the Division with the executed Agreement.
7. Amendment to Contract. Either party may request modification of the provisions of this
Agreement by filing a Contract Amendment form with the Division. Changes which are
agreed upon shall be valid only when in writing, signed by each of the parties, and attached
to the original of this Agreement. If changes are implemented without the Division's written
approval, the organization is subject to noncompliance, and the Grant Award Amount is
subject to reduction, partial, or complete refund to the State of Florida and termination of this
agreement. The Contract Amendment Request form is available on the Division's website at
11itI; / /r� ww.ddos.r1, orbs,co rdbistprrcagrar t. / imi
3
Grant Award Agreement (Form GAA00I), Effective 06/2016
Rule 1A- 39.001, Florida Administrative Code
Attachment B
S. Financial Consequences. The Department shall apply the following financial consequences
for failure to perform the minimum level of services required by this Agreement in
accordance with Sections 215.971 and 287.058, Florida Statutes.
a. First payment will be withheld for failure to complete services as identified in the Scope
of Work and Deliverables or to submit a Grant Funds Expenditure Log demonstrating
appropriate use of state funds,
b. Second payment will be withheld for failure to complete services as identified in the
Scope of Work and Deliverables or to submit a Grant Funds Expenditure Log
demonstrating appropriate use of state funds.
c. Third payment will be withheld for failure to complete services as identified in the Scope
of Work and Deliverables or to submit a Grant Funds Expenditure Log demonstrating
appropriate use of state funds. If the grantee has spent less than the Grant Award Amount
in state funds to complete the Scope of Work, the Third Payment will be reduced by an
amount equal to the difference between spent state dollars and the Grant Award Amount.
d. The Division may reduce individual payments by 10 percent if the completed Deliverable
does not meet the Secretary of Interior's Standards and Guidelines or other industry
standards applicable to the project.
The Division shall reduce total grant funding for the Project in direct proportion to match
contributions not met by the end of the grant period. This reduction shall be calculated by
dividing the actual match amount by the required match amount indicated in the Agreement
and multiplying the product by the Grant Award Amount indicated in the Agreement.
Pursuant to Section 17, Grantee shall refund to the Division any excess funds paid out prior
to a reduction of total grant funding.
9. Additional Special Conditions.
Development Projects.
a) All project work must be in compliance with the Secretary of the Interior's Standards
and Guidelines available online at www.nps.gov /tps /standards.htm.
b) The Grantee shall provide photographic documentation of the restoration activity.
Guidelines regarding the photographic documentation is available online at
vw, 7ll r to . •orn/ rant /oate ories /slnallinatchin .efna.
c) Architectural Services
1. All projects shall require contracting for architectural /engineering services.
2. The Grantee may request a waiver of this requirement from the Division if they
believe that the architectural /engineering services are not needed for the project. The
Division shall make a recommendation to the Grantee after review of the proposed
project.
4
Grant Award Agreement (Form GrAA001), Effective 06/2016
Rule 1A- 39.001, Florida Administrative Code
Attachment B
d) Architectural Documents and Construction Contracts
The Grantee shall submit the architectural services contract to the Department for review
and approval prior to final execution. In addition, pursuant to Section 267.031(5)(i),
Florida Statutes, the Grantee shall submit architectural planning documents to the
Department for review and approval at the following stages of development:
1. Upon completion of schematic design;
2. Upon completion of design development and outline specifications; and
3. Upon completion of 100% construction documents and project manual, prior to
execution of the construction contract.
e) For the construction phase of a project, in addition to the review submissions indicated
above, a copy of the construction contract must be submitted to the Department for
review and approval prior to final execution. Department review and approval of said
contracts shall not be construed as acceptance by or imposition upon the Department of
any financial liability in connection with said contracts.
f) For projects involving ground disturbance (examples include: historic building or
structure relocation, grading and site work, installation of sewer and water lines,
subgrade foundation repairs or damp proofing, construction of new foundations and
installation of landscape materials), the Grantee shall ensure that the following
requirements are included in all contracts for architectural and engineering services:
1. Ground disturbance around historic buildings or elsewhere on the site shall be
minimized, thus reducing the possibility of damage to or destruction of significant
archaeological resources.
2. If an archaeological investigation of the Project site has not been completed, the
architect or engineer shall .contact the Department for assistance in determining the
actions necessary to evaluate the potential for adverse effects of Project ground
disturbing activities on significant archaeological resources,
3. Significant archaeological resources shall be protected and preserved in place
whenever possible. Heavy machinery shall not be allowed in areas where significant
archaeological resources may be disturbed or damaged.
4. When preservation of significant archaeological resources in place is not feasible, a
mitigation plan shall be developed in consultation with and approved by the
Department's Compliance Review Section (contact information available online at
www.fibAl ta, e.pgn�). The mitigation plan shall be implemented under the direction
of an archaeologist meeting the Secretary of the Interiors' Professional Qualification
Standards for Archeology.
5. Documentation of archaeological investigation and required mitigation actions shall
be submitted to the Compliance Review Section for review and approval. This
documentation shall conform to the Secretary of the Interior's Standards for
Archaeological Documentation, and the reporting standards of the Compliance
5
Grant Award Agreement (Form GAA001), Effective 06/2016
Rule 1A- 39.001, Florida Administrative Code
Attachment B
Review Section set forth in Chapter JA-46, Florida Administrative Code.
10. Credit Line(s) to Acknowledge Grant Funding. Pursuant to Section 286.25, Florida
Statutes, in publicizing, advertising, or describing the sponsorship of the program the Grantee
shall include the following statement:
a) "This project is sponsored in part by the Department of State, Division of Historical
Resources and the State of Florida."
b) Any variation in the above specifications must receive prior approval in writing by the
Department. The cost of preparation and erection of the Project identification sign are
allowable project costs. Routine maintenance costs of project signs are not allowable
project costs.
c) A photograph of the aforementioned sign must be submitted to the Division as soon as it
is erected.
11. Encumbrance of Funds. The Grantee shall execute a binding contract for at least a part of
the Scope of Work by November 30, 2016, except as allowed below.
a) Extension of Encumbrance Deadline: The encumbrance deadline indicated above may be
extended by written approval of the Division. To be eligible for this extension, the
Grantee must demonstrate to the Division that encumbrance of grant funding and the
required match by binding contract(s) is achievable by the end of the requested extended
encumbrance period. The Grantee's written request for extension of the encumbrance
deadline must be submitted to the Department no later than fifteen (15) days prior to the
encumbrance deadline indicated above. The maximum extension of the encumbrance
period shall be 60 days.
b) Encumbrance Deadline Exception: For projects not involving contract services the
Grantee and the Department shall consult on a case-by-case basis to develop an
acceptable enctunbrance schedule.
12. Grant Reporting Requirements. The Grantee must submit the following reports to the
Division. The project Progress Report shall document the completion of any deliverables/
tasks, expenses and activities that occurred during that reporting period. The project Progress
Report form is available on the Division's website at
hivHdos.m florida. om/his(orical/ ants/form
a) First Project Progress Report is due by October 31, 2016, for the period ending
September 30, 2016.
b) Second Project Progress Report is due by January 31, 2017, for the period ending
December 31, 2016.
c) Third Project Progress Report is due by April 30, 2017, for the period ending March
31, 2017.
d) Fourth Project Progress Report is due by July 30, 2017, for the period ending June 30,
2017.
6
Grant Award Agreement (Ruin GAA001), Effective 06/2016
Rule 1A-39.001, Florida Administrative Code
Attachment B
e) Fifth Project Progress Report is due by October 31, 2017, for the period ending
September 30, 2017.
f) Sixth Project Progress Report is due by January 31, 2018, for the period ending
December 31, 2017.
g) Seventh Project Progress Report is due by April 30, 2018, for the period ending March
31, 2018.
h) Final Report. The Grantee must submit a Final Report to the Division by July 30, 2018,
for the period ending June 30, 2018.
13. Matching Funds. The grantee is required to provide a 100% match of the required match, a
minimum 25% of the match must be a cash match. The remaining match may include in -kind
services, volunteer labor, donated materials, and additional cash. Applicants for projects
located in Rural Economic Development Initiative (REDI) counties or communities that have
been designated in accordance with Sections 288.0656 and 288.06561, Florida Statutes, may
request a reduction of the match amount.
14. Grant Completion Deadline. The grant completion deadline is June 30, 2018. The Grant
Completion Deadline is the date when all grant and matching funds have been paid out and
expended in accordance with the work described in the Scope of Work, detailed in the
Estimated Project Budget. If the Grantee finds it necessary to request an extension of the
Grant Completion Deadline, the extension may not exceed 120 days, unless the Grantee can .
demonstrate extenuating circumstances as described in Section 15 of this Agreement.
15. Extension of the Grant Completion Deadline. An extension of the completion date must
be requested at least thirty (30) days prior to the end of the Grant Period and may not exceed
120 days, unless the Grantee can clearly demonstrate extenuating circurnstanees. An
extenuating circumstance is one that is beyond the control of the Grantee, and one that
prevents timely completion of the Project such as a natural disaster, death or serious illness of
the individual responsible for the completion of the Project, litigation related to the Project,
or failure of the contractor or architect to provide the services for which they were contracted
to provide. An extenuating circumstance does not include failure to read or understand the
administrative requirements of a grant or failure to raise sufficient matching funds. Prior
written approval is required for extensions.
16. Non - allowable Grant Expenditures. The Grantee agrees to expend all grant funds received
under this agreement solely for the purposes for which they were authorized and appropriated.
Expenditures shall be in compliance with the state guidelines for allowable Project costs as
outlined in the Department of Financial Services' Reference Guide for State Expenditures,
which are incorporated by reference and are available online at
http; /lww w.nnvflor 1das fo com/' tr /t. °°ference, &ttid /, The following categories of
expenditures are non- allowable for expenditure of grant funds and as contributions to
required match:
a) Expenditures for work not included in the Scope of Work;
b) Costs of goods and services not procured in accordance with procurement procedures set
forth in the Agreement;
c) Expenses incurred or obligated prior to or after the Grant Period;
7
Grant Award Agreement (Form GAA001), Effective 06/2016
Rule 1A-39,001, Florida Administrative Code
Attachment B
d) Expenditures for work not consistent with the applicable historic preservation standards
(see the Guidelines, which are available from the Division at
htt osm f1orida.coni!histor . c' I/ rant si
e) Expenditures for furniture and equipment, unless specifically authorized as a part of a
grant project;
f) Expenses associated with lobbying or attempting to influence federal, state, or local
legislation, the judicial branch, or any state agency;
g) Private entertainment, food, beverages, plaques, awards, or gifts;
h) Costs of value donations or In-kind Contribution not documented in accordance with the
provisions of the Agreement;
i) Indirect costs;
j) Project Administrative Expenditures, whether grant expenditures or match contributions,
which in aggregate must not exceed 10% of the grant award amount;
k) Costs for projects having as their primary purpose the fulfillment of federal or state
historic preservation regulatory requirements, specifically, costs of consultation and
mitigation measures required under Section 106 of the National Historic Preservation
Act of 1966, as amended through 2006, or under Section 267.031, F.S.;
1) Projects which are restricted to private or exclusive participation, which shall include
restricting access on the basis of sex, race, color, religion, national origin, disability, age,
handicap, or marital status;
m) Grantee operational support (i.e., organization salaries not related to grant activities,
travel, supplies);
n) Vehicular circulation (drives) and parking (except for provision of code-required
handicapped parking pad);
o) Sidewalks, landscape features, planting, irrigation systems and site lighting (except for
sidewalk required to link code-required handicapped parking pad to the accessible entry,
planting required to halt erosion, and limited site lighting required for security, if
included in the Scope of Work);
p) Capital improvements to non-historic properties (except as approved for Museum Exhibit
projects);
q) Capital improvements to the interior of religious properties (except for repairs to primary
elements of the structural system. Examples include: foundation repairs, repairs to
columns, load bearing wall framing, roof framing, masonry repairs, and window and
exterior door repairs);
r) Code-required accessibility improvements for religious properties;
s) Insurance costs (except for costs for builder's risk, workers compensation and
contractor's liability insurance); and
0 Purchase of equipment (other than equipment incorporated as capital improvements into
a historic building during restoration or rehabilitation, and equipment required for a
museum exhibit), If special equipment is required for completion of the Project and said
equipment is included in the Scope of Work for the Project as an eligible grant expense, it
shall be rented for the grant term. If the value of special equipment is to be used as a
match contribution, the value of the match contribution shall be limited to the cost of
rental for the Grant Period at the market rate for such rental in the region.
17. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section
215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance of
unobligated funds which has been advanced or paid to the Grantee. In addition, funds paid in
8
Grant Award Agreement (Form GAA001), Effective 06/2016
Rule 1A-39.001, Florida Administrative Code
Attachment B
excess of the amount to which the recipient is entitled under the terms and conditions of the
agreement must be refunded to the state agency. Further, the recipient may expend funds
only for allowable costs resulting from obligations incurred during the specified agreement
period. Expenditures of state financial assistance must be in compliance with the laws, rules,
and regulations applicable to expenditures of State funds, including, but not limited to, the
Reference Guide for State Expenditures.
18. Repayment. All refunds or repayments to be made to the Department under this agreement
are to be made payable to the order of the "Department of State" and mailed directly to the
following address: Florida Department of State, Attention: Dr. Yasha Rodriguez, Grants
Program Supervisor, Division of Historical Resources, 500 South Bronough Street
Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or
other draft is returned to the Department for collection, Grantee shall pay to the Department a
service fee of $15.00 or five percent (5 %) of the face amount of the returned check or draft,
whichever is greater.
19. Single Audit Act. Each grantee, other than a grantee that is a State agency, shall submit to an
audit pursuant to Section 215.97, Florida Statutes. See Attachment C for additional
information regarding this requirement.
20. Retention of Accounting Records. Financial records, supporting documents, statistical
records, and all other records including electronic storage media pertinent to the Project shall
be retained for a period of five (5) years after the close out of the grant. If any litigation or
audit is initiated, or claim made, before the expiration of the five -year period, the records
shall be retained until the litigation, audit, or claim has been resolved.
21. Obligation to Provide State Access to Grant Records. The Grantee must make all grant
records of expenditures, copies of reports, books, and related documentation available to the
Division or a duly authorized representative of the State of Florida for inspection at
reasonable times for the purpose of making audits, examinations, excerpts, and transcripts.
22. Obligation to Provide Public Access to Grant Records. The Division reserves the right to
unilaterally cancel this Agreement in the event that the Grantee refuses public access to all
documents or other materials made or received by the Grantee that are subject to the
provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The
Grantee must immediately contact the Division's Contract Manager for assistance if it
receives a public records request related to this Agreement.
23. Investment of Funds Received But Not Paid Out. The Grantee may temporarily invest
any or all grant funds received but not expended, in an interest bearing account pursuant to
Section 216.181(16)(b), Florida Statutes. Interest earned on such investments should be
returned to the Division quarterly, except that interest accrued less than $100 within any
quarter may be held until the next quarter when the accrued interest totals more than $100.
All interest accrued and not paid to the Division, regardless of amount, must be submitted
with the Grantee's final Progress Report at the end of the Grant Period.
24. Noncompliance with Grant Requirements. Any applicant that has not submitted required
reports or satisfied other administrative requirements for other Division of Historical
9
Grant Award Agreement (Form GAA001), Effective 06/2016
Rule 1A- 39.001, Florida Administrative Code
Attachment B
Resources grants or grants from any other Office of Cultural, Historical, and Information
Programs ( OCHIP) Division will be in noncompliance status and subject to the OCHIP
Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs,
the Division of Historical Resources, and the Division of Library and Information Services.
Grant compliance issues must be resolved before a grant award agreement may be executed,
and before grant payments for any OCHIP grant may be released.
25. Accounting Requirements. The Grantee must maintain an accounting system that provides
a complete record of the use of all grant funds as follows:
a) The accounting system must be able to specifically identify and provide audit trails that
trace the receipt, maintenance, and expenditure of state funds;
b) Accounting records must adequately identify the sources and application of funds for all
grant activities and must classify and identify grant funds by using the same budget
categories that were approved in the grant application. If Grantee's accounting system
accumulates data in a different format than the one in the grant application, subsidiary
records must document and reconcile the amounts shown in the Grantee's accounting
records to those amounts reported to the Division.
An interest - bearing checking account or accounts in a state or federally chartered
institution may be used for revenues and expenses described in the Scope of Work and
detailed in the Estimated Project Budget.
d) The name of the account(s) must include the grant award number;
e) The Grantee's accounting records must have effective control over and accountability for
all funds, property, and other assets; and
f) Accounting records must be supported by source documentation and be in sufficient
detail to allow for a proper pre -audit and post -audit (such as invoices, bills, and canceled
checks).
26. Availability of State Funds. The State of Florida's performance and obligation to pay under
this Agreement are contingent upon an annual appropriation by the Florida Legislature, or the
United States Congress in the case of a federally funded grant. In the event that the state or
federal funds upon which this Agreement is dependent are withdrawn, this Agreement will be
automatically terminated and the Division shall have no further liability to the Grantee,
beyond those amounts already released prior to the termination date. Such termination will
not affect the responsibility of the Grantee under this Agreement as to those funds previously
distributed. In the event of a state revenue shortfall, the total grant may be reduced
accordingly.
27. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that
its officers, agents and employees, in performance of this Agreement, shall act in the capacity
of independent contractors and not as officers, agents, or employees of the state. The Grantee
is not entitled to accrue any benefits of state employment, including retirement benefits and
any other rights or privileges connected with employment by the State of Florida.
10
Grant Award Agreement (Form GAA001), Effective 06/2016
Rule 1A- 39.001, Florida Administrative Code
Attachment B
28. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all
expenses incurred in connection with this Agreement. The Grantee may subcontract, as
necessary, to perform the services and to provide commodities required by this Agreement.
The Division shall not be liable to any subcontractor(s) for any expenses or liabilities
incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its
subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee
must take the necessary steps to ensure that each of its subcontractors will be deemed to be
"independent contractors" and will not be considered or permitted to be an agents, servants,
joint ventures, or partners of the Division.
29. Liability. The Division will not assume any liability for the acts, omissions to act, or
negligence of, the Grantee, its agents, servants, or employees; nor may the Grantee exclude
liability for its own acts, omissions to act, or negligence, to the Division.
a) The Grantee shall be responsible for claims of any nature, including but not limited to
injury, death, and property damage arising out of activities related to this Agreement by
the Grantee, its agents, servants, employees, and subcontractors. The Grantee, other than
a Grantee which is the State or the State's agencies or subdivisions, as defined in Section
768.28, Florida Statutes, shall indemnify and hold the Division harmless from any and all
claims of any nature and shall investigate all such claims at its own expense. If the
Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in
accordance with that Section.
b) Neither the state nor any agency or subdivision of the state waives any defense of
sovereign immunity, or increases the limits of its liability, by entering into this
Agreement.
c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or
cost of collection related to this Agreement.
d) The Grantee shall be responsible for all work performed and all expenses incurred in
connection with the Project. The Grantee may subcontract as necessary to perform the
services set forth in this Agreement, including entering into subcontracts with vendors for
services and commodities; and provided that it is understood by the Grantee that the
Division shall not be liable to the subcontractor for any expenses or liabilities incurred
under the subcontract and that the Grantee shall be solely liable to the subcontractor for
all expenses and liabilities incurred under the subcontract.
30. Strict Compliance with Laws. The Grantee shall perform all acts required by this
Agreement in strict conformity with all applicable laws and regulations of the local, state and
federal law.
31. No Discrimination. The Grantee may not discriminate against any employee employed
under this Agreement, or against any applicant for employment because of race, color,
religion, gender, national origin, age, handicap or marital status. The Grantee shall insert a
similar provision in all of its subcontracts for services under this Agreement.
11
Grant Award Agreement (Form GAA001), Effective 06/2016
Rule 1A- 39,001, Florida Administrative Code
Attachment B
32. Breach of Agreement. The Division will demand the return of grant funds already received,
will withhold subsequent payments, and/or will terminate this agreement if the Grantee
improperly expends and manages grant funds, fails to prepare, preserve or surrender records
required by this Agreement, or otherwise violates this Agreement.
33. Termination of Agreement.
a) Termination by the Division. The Division will terminate or end this Agreement if the
Grantee fails to fulfill its obligations herein. In such event, the Division will provide the
Grantee a notice of its violation by letter, and shall give the Grantee fifteen (15) calendar
days from the date of receipt to cure its violation. If the violation is not cured within the
stated period, the Division will terminate this Agreement. The notice of violation letter
shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her
specified address by a method that provides proof of receipt. In the event that the
Division terminates this Agreement, the Grantee will be compensated for any work
completed in accordance with this Agreement, prior to the notification of termination, if
the Division deems this reasonable under the circumstances. Grant funds previously
advanced and not expended on work completed in accordance with this Agreement shall
be returned to the Division, with interest, within thirty (30) days after termination of this
Agreement. The Division does not waive any of its rights to additional damages, if grant
funds are returned under this Section.
b) Termination for convenience. The Division or the Grantee may terminate the grant in
whole or in part when both parties agree that the continuation of the Project would not
produce beneficial results commensurate with the further expenditure of funds. The two
parties will agree upon the termination conditions, including the effective date, and in the
cause of partial terminations, the portion to be terminated.
c) Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior
to the first payment on the grant although the Department must be notified in writing
prior to cancellation. After the initial payment, the Project may be terminated, modified,
or amended by the Grantee only by mutual agreement of the Grantee and the Division.
Request for termination prior to completion must fully detail the reasons for the action
and the proposed disposition of the uncompleted work.
34. Preservation of Remedies. No delay or omission to exercise any right, power, or remedy
accruing to either party upon breach or violation by either party under this Agreement, shall
impair any such right, power or remedy of either party; nor shall such delay or omission be
construed as a waiver of any such breach or default, or any similar breach or default.
35. Non-Assignment of Agreement. The Grantee may not assign, sublicense nor otherwise
transfer its rights, duties or obligations under this Agreement without the prior written
consent of the Division, which consent shall not unreasonably be withheld. The agreement
transferee must demonstrate compliance with the requirements of the Project. If the Division
approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work
performed and all expenses incurred in connection with this Agreement. In the event the
Legislature transfers the rights, duties, and obligations of the Division to another
governmental entity pursuant to Section 20.06, Florida Statutes, or otherwise, the rights,
12
Grant Award Agreement (Form GAA001), Effective 06/2016
Rule 1A-39.001, Florida Administrative Cock
Attachment B
duties, and obligations under this Agreement shall be transferred to the successor
governmental agency as if it was the original party to this Agreement.
36. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall
provide maximum open competition when procuring goods and services related to the grant-
assisted project in accordance with Section 287.057, Florida Statutes.
37. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of
conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes, and
affirms that it will not enter into or maintain a business or other relationship with any
employee of the Department of State that would violate those provisions. In addition, no
grantee official, employee, or consultant who is authorized in his or her official capacity to
negotiate, make, accept, approve, or take part in decisions regarding a contract, subcontract,
or other agreement in connection with a grant assisted project shall take part in any decision
relating to such contract, subcontract or other agreement in which he or she has any financial
or other interest, or in which his or her spouse, child, parent, or partner, or any organization
in which he or she is serving as an officer, director, trustee, partner, or employee of which he
or she has or is negotiating any arrangement concerning employment has such interest.
Grantees shall avoid circumstances presenting the appearance of such conflict. Furthermore,
the spouse, child, parent, or partner of an officer, director, trustee, partner, or employee of the
grantee shall not receive grant funds, unless specifically authorized in writing by the General
Counsel for the Department of State to avoid a potential violation of those statutes.
38. Binding of Successors. This Agreement shall bind the successors, assigns and legal
representatives of the Grantee and of any legal entity that succeeds to the obligations of the
Division of Historical Resources.
39. No Employment of Unauthorized Aliens. The employment of unauthorized aliens by the
Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality
Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for
unilateral cancellation of this Agreement.
40. Severability. If any term or provision of the Agreement is found to be illegal and
unenforceable, the remainder will remain in full force and effect, and such term or provision
shall be deemed stricken.
41. Americans with Disabilities Act. All programs and facilities related to this Agreement must
meet the standards of Sections 553.501-553.513, Florida Statutes, and the Americans with
Disabilities Act of 1990.
42. Governing Law. This Agreement shall be construed, performed, and enforced in all respects
in accordance with the laws and rules of Florida. Venue or location for any legal action
arising under this Agreement will be in Leon County, Florida.
43. Entire Agreement. The entire Agreement of the parties consists of the following
documents:
a) This Agreement
13
Grant Award Agreement (Form GAA001), Effective 06/2016
Rule 1A-39.001, Florida Administrative Code
Attachment B
b) Project Description (Attachment A)
c) Estimated Project Budget (Attachment B)
d) Single Audit Act Requirements and Exhibit I (Attachment C)
14
Grant Award Agreement (Rom GAA001), Effective 06/2016
Rule IA- 39,001, Florida Administrative Code
to «relrialedment ti
Gene r° l Appropriathn
will eomply with all of
prrr 'tied from fonds appropriated in
Attachment B
FY O1 -2017
thy ear l/ brat' X have read this n ir•e A reement, and
Departm Grantee:
By: By:
Dr. Timot Parse s ivision Director Authorize • is al or the Grantee
Date
Grant Award Agreement (Form GAA001), Effective 06/2016
Rule 1A- 39.001, Florida Administrative Code
Zit c,,t M ORA
Typed name and title
Date
APPROVED AS TO
FORM & LANGUAGE
FOR EXECUTION
A torney
Date
NV
15
,ATTACHMENT
Project Description
Attachment B
Grant funds will be spent restoring the 28th St. Obelisk and Pumping Station. Conservation of the
resource including investigation and assessment of the project site (i.e. underground tanks, site
and structural stability, determination of condition of foundation, and condition of mechanical
room, including x -ray analysis). The grantee will use funds on laboratory services which include
concrete design and testing; testing of sealing and resistance to the application of caulking
products; and soil testing for structural foundation and footings. Funds will also be directed
towards structural rehabilitation, and mechanical repair /replacement.
Architectural and Engineering services are included on this project.
16
Grant Award Agreement (Form GAA001), Effective 06/2016
Rule 1A- 39.001, Florida Administrative Code
ATTACHMENT B
Estimated Project Budget
Attachment B
Budget
Item
Number
Description
Grant Cash In -Kind
Amount Match Match
Subtotal
1 Conservation
Structural Rehabilitation
Mechanical
Repair/Replacement
$40,000 $30,000 $0
$150,000 $150,000 $0
$0 $10,000 $0
$25,000 $0
Architectural/EngineeringlLab $25,000
services
Sign acknowledging grant
funds
Total
$0
$0
$0
Grant Award Agreement (Form GAA001), Effective 06/2016
Rule 1A- 39.001, Florida Administrative Code
$215,000 $215,000 $0
$70,000
$300,000
$10,000
$50,000
$
$430,000
17
Attachment B
ATTACHMENT C
FLORIDA SINGLE AUDIT ACT REQUIREMENTS
The administration of resources awarded by the Department of State to the Recipient may be
subject to audits and /or monitoring by the Department of State, as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section
215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be
limited to, on -site visits by Department of State staff, limited scope audits as defined by OMB
Circular A -133, as revised, and /or: other procedures. By entering into this agreement, the
Recipient agrees to comply and cooperate with any monitoring procedures /processes deemed
appropriate by the Department of State." In the event the Department of State determines that a
limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any
additional instructions provided by the Department of State staff to the Recipient regarding such
audit. The Recipient further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor
General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the Recipient is a State or local government or a non - profit organization
as defined in OMB Circular A -133, as revised.
1. In the event that the Recipient expends $300,000 ($500,000 for fiscal years ending after
December 31, 2003) or more in Federal awards in its fiscal year, the Recipient must have
a single or program- specific audit conducted in accordance with the provisions of OMB
Circular A -133, as revised. EXHIBIT 1 to this agreement indicates Federal resources
awarded through the Department of State by this agreement. In determining the Federal
awards expended in its fiscal year, the Recipient shall consider all sources of Federal
awards, including Federal resources received from the Department of State. The
determination of amounts of Federal awards expended should be in accordance with the
guidelines established by OMB Circular A -133, as revised. An audit of the Recipient
conducted by the Auditor General in accordance with the provisions OMB Circular A-
133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the Recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C
of OMB Circular A -133, as revised.
18
DFS -A2 -CL
July 2005
Rule 69I- 5.006, FAG
Attachment B
Il t1 e Recipient expends ,less than $300,000 ($500, 000 ,ttr f cal ye ar °wx eh ding ttfier
Dee inbee 31, 2003) in Federal awards in its fiscal year, an audit Conducted in accordance:
with the provisions of OMB Circular A$33, as revised, is not required, In the event that
the Recipient expends less than $300,000 0500,000 for fiscal years ending after
December 31, 2003) in Federal .awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions off/MB Circular A-133, as revised, the cost
of the audit must be paid from non-Federal resources (Le,, the cost of such an audit must,
be paid from Recipient resources obtained from other than Federal entities),
PART II: STATE FUNDED
This part is applicable if the Recipient is a nonstate entity as defined by Section 215.97(2),
Florida Statutes.
1. In the event that the Recipient expends a total amount of state fmancial assistance equal
to or in excess of $500,000 in any fiscal year of such Recipient (for fiscal years ending
September 30, 2004 or thereafter), the Recipient must have a State single or project -
specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes;
applicable rules of the Department of Financial Services; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the
Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance
awarded through the Department of State by this agreement. In determining the state
financial assistance expended in its fiscal year, the Recipient shall consider all sources of
state financial assistance, including state financial assistance received from the
Department of State, other state agencies, and other nonstate entities. State financial
assistance does not include Federal direct or pass- through awards and resources received
by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Fart II, paragraph 1, the Recipient
shall ensure that the audit complies with the requirements of Section 215.97(8), Florida
Statutes. This includes submission of a financial reporting package as defined by Section.
215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for- profit organizations), Rules of the Auditor General.
3. If the Recipient expends less than $500,000 in state financial assistance in its fiscal year
(for fiscal years ending September 30, 2004 or thereafter), an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the
event that the Recipient expends less than $500,000 in state financial assistance in its
fiscal year and elects to have an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate
entity's resources (i.e., the cost of such an audit must be paid from the Recipient's
resources obtained from other than State entities).
19
DFS -A2 -CL
July 2005
Rule 69I- 5,006, FAC
Attachment B
The Internet web addresses listed below will assist recipients in locating documents
referenced in the text of this agreement and the interpretation of compliance issues.
State of Florida Department Financial Services (Chief Financial Officer)
www.f1dfs.corxI /,.
State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act)
www.le ).st.ate.%Lus /k
PART III: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-
133, as revised, and required by PART I of this agreement shall be submitted, when
required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the
Recipient directly to each of the following:
A. The Department of State at each of the following addresses:
Department of State
Division of Elections
R.A. Gray Building, Suite 316
500 S. Bronough St.
Tallahassee, FL 32399 -0250
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the
number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as
revised, should be submitted to the Federal Audit Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass- through entities in accordance with Sections .320 (e)
and (f), OMB Circular A -133, as revised.
2. In the event that a copy of the reporting package for an audit required by PART I of this
agreement and conducted in accordance with OMB Circular A -133, as revised, is not
required to be submitted to the Department of State for the reasons pursuant to Section
.320 (e)(2), OMB Circular A -133, as revised, the Recipient shall submit the required
written notification pursuant to Section .320 (e)(2) and a copy of the Recipient's audited
schedule of expenditures of Federal awards directly to each of the following:
Department of State
Division of Elections
R.A. Gray Building, Suite 316
20
DFS -A2 -CL
July 2005
Rule 69I. 5.006, FAC
Attachment B
500 S. Bronough St.
Tallahassee, FL 32399 -0250
3. Copies of financial reporting packages required by PART II of this agreement shall be
submitted by or on behalf of the Recipient directly to each of the following:
A. The Department of State at each of the following addresses:
Department of State
Division of Elections
R.A. Gray Building, Suite 316
500 S. Bronough St.
Tallahassee, FL 32399 -0250
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399 -1450
4. Ainy reports, management letter, or other information required to be submitted to the
Department of State pursuant to this agreement shall be submitted timely in accordance
with OMB Circular A -133, Florida Statutes, and Chapters 10.550 (local governmental
entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General,
as applicable.
5. Recipients, when submitting financial reporting packages to the Department of State for
audits done in accordance with OMB Circular A -133 or Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the
Auditor General, should indicate the date that the reporting package was delivered to the
Recipient in correspondence accompanying the reporting package.
PART IV: RECORD RETENTION
1 The Recipient shall retain sufficient records demonstrating its compliance with the terms
of this agreement for a period of 5 years from the date the audit report is issued, and shall
allow the Department of State, or its designee, CFO, or Auditor General access to such
records upon request. The Recipient shall ensure that audit working papers are made
available to the Department of State, or its designee, CFO, or Auditor General upon
request for a period of 3 years from the date the audit report is issued, unless extended in
writing by the Department of State. NOTE: Records need to be retained for at least five
years to comply with record retention requirements related to original vouchers
prescribed by the Department of State, Division of Library and Information Services,
Bureau of Archives and Records Management.
21
DFS -A2 -CL
July 2005
Rule 691 - 5.006, FAC
Attachment B
EXHIBIT —1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
Not Applicable.
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Not Applicable.
State resources awarded to the recipient pursuant to this agreement consist of the
following:
$215,000
Matching resources for federal programs:
Not Applicable.
Subject to section 215.97, Florida Statutes:
Florida Department of State Grant, CSFA Number 45,032
Compliance requirements applicable to state resources awarded pursuant to this
agreement are as follows:
As contained in the Compliance Supplement to CSFA Number 45.032
22
DFS -A2-CL
July 2005
Rule 69I- 5.006, PAC
Attachment B
RESTRICTIVE COVENANTS
Project Name: The 28th Street Obelisk Restoration Pro eet
Grant Number: 5C729
THESE COVENANTS are entered into this 2 day of 11, 20(, by the City of Miami Beach,
hereinafter referred to as the Owner, and shall be effective for a period of ten years from the date of
recordation by the Clerk of the Circuit Court of (Miami-Dade) County, Florida.
WHEREAS, the Owner is the fee simple titleholder of the Property looated at (300 West 28th Street),
(Miami Beach), (Miami-Dade) County, Florida, as described in Exhibit A, attached to and made a part hereof
and
WHEREAS, the Owner is a grant recipient and is to receive State Historic Preservation Grant assistance
funds administered by the State of Florida, Department of State, Division of Historical Resources, RA. Gray
Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, hereinafter referred to as the
Department, in the atnount of 5(215,000), to be used for the preservation of the property of the Owner as
described in Exhibit A, and
WHEREAS, said State funds have been or will be expended for the purpose of preserving the historic
qualities of the property or contributing to the historic character of the district in whith the property is located,
Now THEREFORE, as part of the consideration for the State grant, the Owner hereby make and declare
the following restrictive covenants which shall run with the title to said Property and be binding on the Owner
and its successors in interest, if any, for a period stated in the preamble above:
1. The Owner agree to maintain the property in accordance with good preservation practices and the
Secreta of the Interi�r'sStanards for babilitation.
2. The Owner agree that no modifications will be made to the Property, other than routine repairs and
maintenance, without advance review and approval of the plans and specifications by the Depaxtment's
Bureau. of Historic Preservation.
3. The Owner agree that every effort will be made to design any modifications to the Property in a manner
consistent with the Secretary of the Interior's Standards for Rehabilitation,
4. The Owner agree that the Department, its agents and its designees shall have the right to inspect the
Property at all reasonable times in order to ascertain whether the conditions of the Grant Award Agreement
and these covenants are being observed.
5. The Owner agree that these restrictions shall encumber the property for a period of ten years from the date
of recordation, and that if the restrictions are violated within the ten year period, the Department shall be
entitled to liquidated damages pursuant to the following schedule:
a. If the violation occurs within the first five years of the effective date of these covenants, the
Department shall be entitled to return of the entire grant amount.
b. If the violation occurs after the first five years, the Department shall be entitled to return of the entire
grant amount, less 10% for each year past the first five. For instance, if the violation occurs after the
sixth anniversary of the effective date of these eavenants, but prior to the seventh anniversary, the
Department shall be entitled to return of 80% of the original grant amount.
6. The Owner agrees to file these covenants with the Clerk of the Circuit Court of (Miami-Dade) County,
Florida, and shall pay any and all expenses associated with their filing and recording.
7, The Owner agree that the Department shall incur no tax liability as a result of these restrictive
eiks
CUD :kL:Thin%
C ,://
Attachment B
2 of 2
IN WITNESS WHEREOF, the Owner has read these Restrictive Covenants and has hereto affixed
their signature.
WITNESSES:
• A
\--kiltiss Signature 0 WNE
E
Witness Name Typed/Printed
.1700 Conve tion Center Drive
Owner's Ad' -ess
lyliarni Boach„ Florida ' _33,139
Witness Signature City State Zip
A-1-w€- r NE 1-40 P4 AN
Witness Name Typed/Printed
The State of Florida
County ofKaini-Dade
I certify that on this date before me, an officer duly authorized in the state and county named above to take
acknowledgments, that
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appeared as (,LN(4/745 e-e-- for
(Officer)
known to me to be or who proved to my satisfaction that
the foregoing instrument.
Type of Identification Produced
personally
ths ed-
(Nara of Corporation/Partnership)
he/she is the person described in and who executed
Executed and sealed by me at jL1a,iii je4 Florida on If—i7/-2(iff/U
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[SEAL]
Y/AtILEK HOFIALES
I• Notary NM • Etat. of Florida
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Exhibit A
Property Address:
300 West 28th Street
Miami. Beach, Florida 33140
Description of the Property:
OR BK 30300MOOL1entP909
LAST PAGE
FLAMINGO TERRACE SUB PB 10-3
UNNUMBERED TRACT AS SHOWN ON PLAT
OF FLAMINGO TERR NOW KNOWN AS 28
ST PUMPING STATION
LOT SIZE 34746 SQ FT IRREGULAR
,51A10. OF FLONJCIA, 0001■114Y OF mix:
11-1ERP,tlY CEA I7PY tkat th is a true cop Y 01 illo
nriginvi Nod in V118 ofilOn (K.* ,.,_ ,,____ coy Of
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Wil 3 my Ion( at ' 161
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5 tAAKIERRA .EIRA411. #162583
State of Florida
Chief Financial Officer
Department of Financial Services
Bureau of Accounting
200 East Gaines Street
Tallahassee, FL 32399 -0354
Telephone: (850) 413 -5519 Fax:(850) 413 -5550
Substitute Form W -9
Attachment B
In order to comply with Internal Revenue Service (IRS) regulations, we require Taxpayer Identification information
that will be used to determine whether you will receive a Form 1099 for payment(s) made to you by an agency of the
State of Florida, and whether payments are subject to Federal withholding. The information provided below must
match -the information that you provide to the IRS for income tax reporting. Federal law requires the State of Florida
to take backup withholding from certain future payments if you fail to provide the information requested,
Taxpayer Identification Number (FEIN): 59- 6000372
IRS Name: CITY OF MIAMI BEACH
Address: 1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL
33139 -1819
Business Designation: Government Entity
Certification Statement:
Under penalties of perjury, I certify that;
1. The number shown on this form is my correct taxpayer information AND
2. I am not subject to backup withholding because:
(a) I am exempt from backup withholding or
(b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup
withholding as a result of failure to report all interest or dividends, or
(c) the IRS has notified me that I am no longer subject to backup withholding AND
3. I am a U.S. citizen or other U.S. person (including U.S. resident alien)
Preparer's Name: JUDY HOANSHELT
Preparer's Title: GRANTS MANAGER
Phone: 305- 673 -7000 Ext: 6183
Email: judyhoanshelt @miamibeachfl,gov
Date Submitted: 07/05/2011
Active Doing Business As names submitted on the Substitute Form W -9:
CITY OF MIAMI BEACH
Date printed from the State of Florida Substitute Form W -9 Website: 10/20/2016
Attachment B
Contract Amendment Request
Grant Number: SC729
Project Name: The 28th Street Obelisk Restoration Project.
Grantee: City of Miami Beach
IDENTIFY THE PROPOSED CHANGES TO THE CONTRACT AS APPLICABLE
Existing Scope of Work
Grant funds will be used for the conservation, structural rehabilitation, and mechanical repair /replacement
of the 28th St. Obelisk and Pumping Station. Architectural, engineering and laboratory services are
provided for this project. All tasks associated with the Project, as outlined in the Project Description (see
Attachment A), will be completed by June 30, 2018.
Amended Scope of Work
Grant funds will be used for the conservation, structural rehabilitation, and mechanical repair /replacement
of the 28th St. Obelisk and Pumping Station. Architectural, engineering and laboratory services are
provided for this project. All tasks associated with the Project, as outlined in the Project Description (see
Attachment A), will be completed by October 30, 2018.
Original Deliverables
No changes
Other Changes
Existing language
2. Length of Agreement. This Agreement shall begin on July 1, 2016, and shall end June 30, 2018, unless
terminated in accordance with the provisions of Section 33 of this Agreement. Contract extensions will not
be granted unless Grantee is able to provide substantial written justification and the Division approves such
extension. The Grantee's written request for such extension must be submitted to the Division no later than
thirty (30) days prior to the termination date of this Agreement.
12. Grant Reporting Requirements. h) Final Report. The Grantee must submit a Final Report to the
Division by July 30, 2018, for the period ending June 30, 2018.
Contract Amendment Request Form (Form DHR005), Effective 4 -2015
Chapter 1A-39.001. Florida Administrative Code
Attachment B
14. Grant Completion Deadline. The grant completion deadline is June 30, 2018. The Grant Completion
Deadline is the date when all grant and matching funds have been paid out and expended in accordance
with the work described in the Scope of Work, detailed in the Estimated Project Budget. If the Grantee
finds it necessary to request an extension of the Grant Completion Deadline, the extension may not exceed
120 days, unless the Grantee can demonstrate extenuating circumstances as described in Section 15 of this
Agreement.
ATTACHMENT B
Estimated Project Budget
Budget
Item
Number
Description
Grant
Amount
Cash
Match
In -Kind
Match
Subtotal
1
Conservation
$40,000
$30,000
$0
$70,000
2
Structural Rehabilitation
$150,000
$150,000
$0
$300,000
3
Mechanical
Repair/Replacement
$0
$10,000
$0
$10,000
4
Architectural /Engineering/Lab
services
$25,000
$25,000
$0
$50,000
5
Sign acknowledging grant
funds
$0
$0
$0
$0
Total
$215,000
$215,000
$0
$430,000
Contract Amendment Request Form (Form DHR005), Effective 4 -2015
Chapter 1A- 39.001, Florida Administrative Code
Attachment B
Amended language
2. Length of Agreement. This Agreement shall begin on July 1, 2016, and shall end October 30, 2018
unless terminated in accordance with the provisions of Section 33 of this Agreement. Contract extensions
will not be granted unless Grantee is able to provide substantial written justification and the Division
approves such extension. The Grantee's written request for such extension must be submitted to the Division
no later than thirty (30) days prior to the termination date of this Agreement.
12. Grant Reporting Requirements. h) Eighth Project Progress Report is due by July 30, 2018, for
the period ending June 30, 2018. i) Final Report. The Grantee must submit a Final Report to the Division
by October 30, 2018, for the period ending October 30, 2018.
14. Grant Completion Deadline The grant completion deadline is October 30, 2018. The Grant
Completion Deadline is the date when all grant and matching funds have been paid out and expended in
accordance with the work described in the Scope of Work, detailed in the Estimated Project Budget. If the
Grantee finds it necessary to request an extension of the Grant Completion Deadline, the extension may
not exceed 120 days, unless the Grantee can demonstrate extenuating circumstances as described in
Section 15 of this Agreement.
ATTACHMENT B
Estimated Project Budget
Budget
Item
Number
Description
Grant
Amount
Cash
Match
In -Kind
Match
Subtotal
1
Conservation
$40,000
$30,000
$0
$70,000
2
Structural Rehabilitation
$147,075
$150,000
$0
$297,075
3
Mechanical
Repair/Replacement
$0
$10,000
$0
$10,000
4
Architectural/Engineering/Lab
services
$27,925
$25,000
$0
$52,925
Total
$215,000
$215,000
$0
$430,000
Contract Amendment Request Form (Form DHR005), Effective 4 -2015
Chapter 1A- 39.001. Florida Administrative Code
Reason for Changes
Additional time required to complete project and changes in costs.
Attachment B
Effect on Proposal Goals
Allows project to be fully completed.
Authorization
Authoriz
d Official fo
Authori
d Offici.
Signature
Authoriz
fficia
°Inks
7311;1tr
the Division of Historical Resources:
DE Div ion Director
Mail to t
e address below.
Florida Division of Historical Resources
R.A. Gray Building
500 South Bronough Street
Tallahassee, Florida 32399
Contract Amendment Request Form (Form DJ-1R005), E ective 4-2015
Chapter 1A-39.001. Florida Administrative Code
Date
APPROVED AS TO
FORM & LANGUAGE
& QP VECUTION
te4'
City Attorney Dote
MAM
BEACH
Resolutions - C7 W
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 25, 2018
SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A WORK ORDER WITH TEAM CONTRACTING, INC., IN THE NOT
TO EXCEED AMOUNT OF $738,103.23 FOR THE 28TH STREET OBELISK
RESTORATION PROJECT, UTILIZING THE COMPETITIVELY BID NATIONAL
JOINT POWERS ALLIANCE (NJPA) COOPERATIVE CONTRACT FOR
CONSTRUCTION SERVICES WITH THE GORDIAN GROUP.
(ITEM TO BE SUBMITTED IN SUPPLEMENTAL)
RECOMMENDATION
Memorandum to be submitted in Supplemental.
ANALYSIS
CONCLUSION
FINANCIAL INFORMATION
Legislative Tracking
Property Management
ATTACHMENTS:
Description
o Attachment B - Grant Agreement
Attachment B1- Amendment to Grant Agreement
Page 627 of 1464