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Agreement with Florida Department of Trasnportation
dol 1 3613 ' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form T2540041 PUBLIC TRANSPORTATiION STRATEGIC GRANT AGREEMENT OGOD2119 Financial Project Number(s): Fund(s): DPTO FLAIR Category: 088774 gtem,segment-ph 444542-1-84-01 Work Activity Code/Function: 215 Object Code: 751000 Federal Number/Federal Award Org.Code: 55062020629 Identification Number(FAIN)—Transit only: Vendor Number. F596000372005 Contract Number. . G1066 Federal Award Date: CFDA Number. N/A Agency DUNS Number CFDA Title: N/A CSFA Number: 55.012 CSFA Title: Public Transit Service Development Program THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement') is entered into /91-I2d9 , by and between the State of Florida, Department of Transportation, ("Department"),andCity of Miami Beach,("Agency").The Department and the Agency are sometimes referred to in this Agreement as a"Party°and collectively as the"Parties." NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project,the Parties agree to the following: 1. Authority.The Agency, by Resolution or other form of official authorization,a copy of which is attached as Exhibit"D",Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s)341.051, Florida Statutes,to enter into this Agreement 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in Ooeratino Assistance-Miami Beach-South Beach Trolley Route,as further described in ExdTibit"A", Project Description and Responsibilities,attached and incorporated into this Agreement(°Project"),to provide Department financial assistance to the Agency,state the terms and conditions upon which Department funds will be provided,and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area.For Identification purposes only,this Agreement is implemented as part of the Department program area selected below(select all programs that apply): _ Aviation _ Seaports X Transit Intermodal _ Rail Crossing Closure Match to Direct Federal Funding(Aviation or Transit) (Note:Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits.The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B:Schedule of Financial Assistance 'Exhibit 131:Deferred Reimbursement Financial Provisions `Exhibit B2:Advance Payment Financial Provisions _ 'Exhibit C:Terms and Conditions of Construction X Exhibit D:Agency Resolution X Exhibit E:Program Specific Terms and Conditions X Exhibit F:Contract Payment Requirements X 'Exhibit G:Financial Assistance(Single Audit Act) 'Additional Exhibit(s): 1 of 22 STATE OF FLORIDA DEPMTMEHT OF TRANSPORTATION Form 723.4IO41 PUBLIC TRANSPORTATION T GRANT AGREEMENT DEVEUF`0ENr oacozhst `Indicates that the Exhibit is only attached and incorporated If applicable box is selected. S. Time.Unless specified otherwise, all references to"days'within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties("Effective Date")and continue through June 30, 2021. If the Agency does not complete the Project within this time period,this Agreement will expire unless an extension of the time period is requested by the Agency and granted In writing by the Department prior to the expiration of this Agreement.Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. _ If this box is checked the following provision applies: Unless terminated earlier,work on the Project shall commence no later than theday of_, or within_days of the issuance of the Notice to Proceed for the construction ph_ase of the Project(if the Project involves construction),whichever date is earlier.The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above-required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed.This Agreement shall not be assigned,transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project.The Department may,by written notice to the Agency,suspend any or all of the Department's obligations under this Agreement for the Agency'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. a. 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. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement Is terminated before performance is completed, the Agency 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. If any portion of the Project is located on the Department's right-of-way,then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement,the Agency 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. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119,Florida Statutes. 9. Project Cost: 2 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.0 041 PUBLIC TRANSPORTATION sTRATEGI DEVELOPMENT GRANT AGREEMENT OGC0N19 a. The estimated total cost of the Project is$5.000,000.This amount is based upon Exhibit"B", Schedule of Financial Assistance.The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase,as outlined in Exhibit'B",Schedule of Financial Assistance,may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of $1.250.000 and,the Department's participation in the Project shall not exceed 25.00%of the total eligible cost of the Project,and as more fully described in Exhibit "B", Schedule of Financial Assistance.The Agency agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost.The Department shall reimburse the Agency for allowable costs incurred as described In Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit"B",Schedule of Financial Assistance. b. Deliverables. The Agency 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 and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit"A",Project Description and Responsibilities.Modifications to the deliverables in Exhibit "A", Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency In detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit "A", Project Description• and Responsibilities. Deliverables and costs Incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that Is approved by the Department. d. Supporting Documentation.Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A", Project Description and Responsibilities has been 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 Exhibit"F",Contract Payment Requirements. e. Travel Expenses.The selected provision below is controlling regarding travel expenses: Travel expenses are NOT eligible for reimbursement under this Agreement. _ Travel expenses ARE eligible for reimbursement under this Agreement.Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No.300-000-06 and will be paid In accordance with Section 112.061, Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. 3 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form M5-00041 PUBLIC TRANSPORTATION DEVELOPMENTSTRATEGIC GRANT AGREEMENT OOC oano f. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes,or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory,the Department shall notify the Agency of the deficiency to be corrected,which correction shall be made within a time- frame to be specified by the Department.The Agency shall,within sixty(60)days after notice from the Department,provide the Department with a corrective action plan describing how the Agency 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 Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency Is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Invoice Processing.An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department's receipt of the invoice. 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 deliverables are received,inspected or verified,and approved. If a payment is not available within 40 days,a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency 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. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payments) from a state agency. The Vendor Ombudsman may be contacted at(850)413-5516. h. Records Retention.The Agency shall maintain an accounting system or separate accounts to ensure funds 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 years after final payment is made. Copies of these records shall be fumished to the Department upon request Records of costs incurred include the Agency'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 necessary by the Department for a proper audit of costs. I. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department The Department will be entitled at all times to be advised,at its request,as to the status of the Project and of details thereof. J. Submission of Other Documents.The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may requIre as listed in Exhibit"E",Program Specific Terms and Conditions attached to and Incorporated into this Agreement. 4 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forte 728-000-01 PUBLIC TRANSPORTATION sI.OPMENT DEVELOPMENT GRANT AGREEMENT OGCO2/19 k. Offsets for Claims.If,after Project completion,any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement,the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if,upon written demand,payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. I. Final Invoice.The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. m. Department's Performance and Payment Contingent Upon Annual Appropriation by the Legislature.The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Agency. See Exhibit "B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, In writing,when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of$25,000 and has a term for a period of more than one year,the provisions of Section 339.135(6Xa),Florida Statutes,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 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 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$25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law,or regulation shall be promptly refunded in full to the Department Acceptance by the Department of any documentation or certifications,mandatory or otherwise permitted,that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non-Eligible Costs. In determining the amount of the payment,the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement,costs Incurred after the expiration of the Agreement,costs that are not provided for in Exhibit"A",Project Description and Responsibilities, and as set forth in Exhibit"B",Schedule of Financial Assistance,costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines,and costs attributable to goods or services received under a contractor other arrangement that has not been approved 5 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Farm T254110.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC ozn9 in writing by the Department.Specific unallowable costs may be listed in Exhibit"A",Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency's design consultant and/or construction contractor has secured the necessary permits. b. Right-of-Way Certification.If the Project involves construction,then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department's Right-of- Way.In the event the cost of the Project is greater than$250,000.00,and the Project involves construction on the Department's right-of-way,the Agency shall provide the Department with written notification of either its intent to: i. Require the construction work of the Project that is on the Department's right-of-way to be performed by a Department prequalified contractor,or ii. Construct the Project utilizing existing Agency employees,if the Agency can complete said Project within the time frame set forth in this Agreement. d. If this box is checked,then the Agency is permitted to utilize Its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces,the Agency will only be reimbursed for direct costs (this excludes general overhead). e. _If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for indirect Program Expenses(select one): I. _Agency has selected to seek reimbursement from the Department for actual indirect expenses(no rate). Ii. _Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate.A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws,Rules,and Regulations,Guidelines,and Standards.The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this. Agreement and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make 6 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725100.01 PUBLIC TRANSPORTATIONSTRAW= NT GRANT AGREEMENT DE 000 best efforts to obtain the Department's input in its decisions.The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: a. Approval of Third Party Contracts.The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services.It is understood and agreed by the Parties hereto that participation by the Department In a project with the Agency,where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes,is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency's Authorized Official shall certify to the Department that the Agency's purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits.Contracts,purchase orders,task orders,construction change orders, or any other agreement that would result in exceeding the current budget contained In Exhibit "B",Schedule of Financial Assistance,or that is not consistent with the Project description and scope of services contained in Exhibit"A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval,and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department,in accordance with this Agreement. c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency,where said project involves a consultant contract for professional services,is contingent on the Agency's full compliance with provisions of Section 287.055,Florida Statutes,Consultants'Competitive Negotiation Act. In all cases,the Agency's Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. Disadvantaged Business Enterprise(DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part-26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement.The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement In this regard,all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race,color,national origin or sex in the award and performance of contracts,entered pursuant to this Agreement. 13. Maintenance Obligations.In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement 7 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fann 720-00047 PUBLIC TRANSPORTATION DESTRATEGIC VELOPMENT GRANT AGREEMENT oocriNe a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all Improvements constructed or commodities acquired as part of the Project.The terms of this provision shall survive the termination of this Agreement. 14. Sale,Transfer,or Disposal of Department-funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other Interests in real property,facilities,or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale,transfer,or disposal by the Agency of all or a portion of Department-funded real property,facilities,or equipment is approved by the Department,the following provisions will apply: i. The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department-funded property. ii. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount,and shall be remitted to the Department within ninety(90) days of dosing of sale. Ill. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process,and the contract and process for sale must be approved in advance by the Department lv. If any portion of the proceeds from the sale to the Agency are non-cash considerations,reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. c. The terms of provisions"a°and"b"above shall survive the termination of this Agreement. I. The terms shall remain in full force and effect throughout the useful life of facilities developed,equipment acquired,or Project items installed within a facility,but shall not exceed twenty(20)years from the effective date of this Agreement. il. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit.The administration of Federal or State resources awarded through the Department to the Agency 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 State financial assistance or limit the authority of any state • agency inspector general,the State of Florida Auditor General,or any other state official.The Agency shell comply with all audit and audit reporting requirements as specified below. Federal Funded: 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 Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department The Agency further agrees to comply and cooperate with any 8 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 125-000-01 PUBLIC TRANSPORTATION STRATEGIC GRANT AGREEMENT DEVELOP 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 Agency, 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 Agency 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 Agency must have a Federal single or program-specific audit conducted for such fiscal year 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 Agency 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 Agency 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 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 Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F— Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200,Subpart F—Audit Requirements,in Federal awards,the Agency Is exempt from Federal audit requirements for that fiscal year.However,the Agency must provide a single audit exemption statement to the Department at • FDOTSinaleAudit(aZdot.state.fi.us no later than nine months after the end of the Agency's audit period for each applicable audit year.In the event the Agency 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 Agency's resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse(FAC)at https://harvester.census.gov/facweb/ 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.However,the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@ dot.state.fi.us 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 Agency'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 Agency fails to have an audit conducted in accordance with 2 CFR Part 200,Subpart F—Audit Requirements, 9 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fano 725.01001 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 02/19 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: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 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 Agency shall permit the Department or its designee,the CFO,or State of Florida Auditor General access to the Agency's records,including financial 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 FDOTSingleAudit©dot.state.fl.us State Funded: a. In addition to reviews of audits conducted in accordance with Section 215.97,Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance 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 state financial assistance awarded through the Department by this Agreement.By entering into this Agreement,the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections,reviews,investigations, or audits deemed necessary by the Department,the Department of Financial Services(DFS), or State of Florida Auditor General. b. The Agency,a`nonstate entity'as defined by Section 215.97,Florida Statutes,as a recipient of state financial assistance awarded by the Department through this Agreement,is subject to the following requirements: i. In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project- specific audit conducted 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 "G", Financial Assistance (Single Audit Act), to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Agency to further comply 10 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725000-01 PUBLIC TRANSPORTATION DM:vSTRATEGIC ELOPIMPfr GRANT AGREEMENT OGOY2Ite with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year,the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, 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. II. In connection with the audit requirements, the Agency 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)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes,the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97,Florida Statutes.However,the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(c'3dot.state.fi.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a 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 Agency's resources(i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller,MS 24 605 Suwannee Street Tallahassee,Florida 32399-0405 FDOTSinaleAuditOdot.state.fi.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee,FL 32399-1450 Email:flaudoen localoovtaraud.state.fl.us v. Any copies of financial reporting packages, reports,or other Information required to be submitted to the Department shall be submitted timely In accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 11 of22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 7254100.01 PUBLIC TRANSPORTATION STRATEGIC GRANT AGREEMENT DEV MCMExr occ lana vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency's records, including financial 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. c. The Agency 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, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, 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. 16. Notices and Approvals.Notices and approvals referenced in this Agreement must be obtained in writing ' from the Parties'respective Administrators or their designees. 17. Restrictions,Prohibitions,Controls and Labor Provisions: a. Convicted Vendor List.A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity;may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 38 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List.In accordance with Section 287.134,Florida Statutes,an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services,may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work;may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Non-Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended,revoked,denied,or have further been determined by the Department to be a non-responsible contractor,may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature,judicial branch,or any state agency,in accordance with Section 216.347, Florida Statutes. 12 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT occ02nQ e. Unauthorized Aliens.The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement, f. Procurement of Construction Services. if the Project is procured pursuant to Chapter 255, Florida Statutes,for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state-appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E-Verify.The Agency 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 Agency during the term of the contract;and li. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S.Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement.that It is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof,a third party beneficiary under this Agreement,or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor,in connection with this Agreement Additionally,to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Agency shall indemnify and hold harmless the State of Florida,Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement.This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsuftants who perform work in connection with this Agreement "To the fullest extent permitted by law,the Agency's contractor/consultant shall indemnify and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's sovereign immunity." 13 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fpr,,,725-000-01 PUBLIC TRANSPORTATION DEVELOPMENTSTRATEGIC GRANT AGREEMENT Oc;cmr+s b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's Workers'Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using leased employees° or employees obtained through professional employer organizations ('PEO's"), ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida's Workers' Compensation law. c. If the Agency elects to self-perform the Project,then the Agency may self-insure.If the Agency elects to hire a contractor or consultant to perform the Project,then the Agency shall carry,or cause its contractor or consultant to cavy, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01)as filed for use in the State of Florida. The Agency shall cause,or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an'occurrence'basis and shall include Products/Completed Operations coverage.The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured.The limits of coverage shall not be less than$1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy.The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement.The policyfies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self-Insured Retentionunless the Agency is a state agency or subdivision of the State of Florida that elects to self-perform the Project. Prior to the execution of the Agreement,and at all renewal periods which occur prior to final acceptance of the work,the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein.The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein.The Department's approval or failure to disapprove any policy/iies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the Insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing,railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way,the Agency shall,or cause its contractor to, In addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage(ISO Form CG 00 35)where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence,and with an annual aggregate limit of not less than$6,000,000.The railroad shall also be added along with the Department as an Additional Insured on the policyfes procured pursuant to the paragraph above. Prior to the execution of the Agreement,and at all renewal periods which occur prior to final acceptance of the work,both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Insurance described herein shall be maintained through final acceptance of the work.Both the Department and the railroad shall be notified in writing within ten days of any cancellation,notice of cancellation,renewal,or proposed change to any policy 14 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.50041 PUBLIC TRANSPORTATION STRATEGIC GRANT AGREEMENT DEVELOPMENT oDc ovcst or coverage descnbed herein. The Department's approval or failure to disapprove any policyres, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or In the vicinity of utility-owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non-Admission of Liability.In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department,while any such breach or default shall exist,shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance,the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees,contractors,subcontractors,consultants,and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement,the Agency represents that it has not paid and, also agrees not to pay,any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law.If any of the provisions of the Agreement violate arty applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number(FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services'Florida Accountability Contract Tracking System(FACTS). 15 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725400-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 02119 i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), • Florida Statutes,and to incorporate in all subcontracts the obligation to comply with Section 20.055(5),Florida Statutes. j. Law,Forum,and Venue.This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law,the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum'and venue in which any dispute under this Agreement is decided: IN WITNESS WHEREOF,the Parties have executed this Agreement on the day and year written above: AGENCY city of Miamkeach STATE OF ARIDA, r e TMENT OF TRANSPORTATION By: . .. Mallria.. , By: Ai/:1...s• Name'.— .I ► u de, I Name: / r •U Title: Lif 0 I /. ter Title: D5-Director of Transportation Development STATE OF FLORIDA,DEPARTMENT OF TRANSPORTATION Legal Review: APPROVED AS TO FORM & LANGUAGE Fri` EX CUTION l ^crj ,' I�r& '. .7 .. City Attorney Date 16 of 22 To:raymond.freeman@dot.state.fl.us FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G1066 9/912019 CONTRACT INFORMATION Contract: G1066 NCwrtract Type GD-GRANT DISBURSEMENT(GRANT) ethod of,Procurement G-GOVERMENTAL AGENCY(287.057,FS.) 1%ndot Name ,;,CITY OF MIAMI BEACH VendorID:, • 5i F596000372005 eginntitg Date of This Agreemer t 09/05/2019 nding Oats•of ills Agreement •06/30/2021 r.. J CContractTotai/8udgetaryt Coiling ct=$1 250 000 00 Deecrlption City of Miami Beach-South Beach Trollet Route FUNDS APPROVAL INFORMATION FUNDS APPROVED/REVIEWED FOR ROBIN M.NAITOVE,CPA,COMPTROLLER ON 9/9/2019 • Action:'. Original Reviewed or;Approved; APPROVED • anizatloCode:' n 55062020829 Expansion Opticn:' Al Object Code:{, , 751000 Amount: - •., $1,250,000.00 financial Project' 44454218401 Work Activityi(FCT). 215 - Cf DA:, • Fiscal Year: • .` 2020 Budget Entity:: ,55100100 CategorylCategoryYear 088774/20 •Amendment ID: 0001 Sequence: 00 UserAsslgned ID:; Eno Line;(6s)/Status:. 0001/04 Total Amount: $1,250,000.00 Pagel of 1 STATE OF FLORIDA DEPARTMENT OF TRANEPORTATtON Foran 725.000.02 PUBLIC TRANSPORTATION DEMSTRATEGIC R TENT GRANT AGREEMENT EXHIBITS DGC 0e1° EXHIBIT A Project Description and Responsibilities A.Project Description(description of Agency's project to provide context,description of project components funded via this Agreement(if not the entire project)):Operating Assistance-Miami Beach-South Beach Trolley Route B.Project Location(limits,city,county,map):City of Miami Beach/Miami Beach,FUMiami-Dade C.Project Scope(allowable costs:describe project components,improvement type/service type,approximate timeline,project schedule,project size):"Service Development Projects specifically includeoroiects involving the use of new technologies,.services,routes.or vehicle frequencies:the purchase of special transportation services,and other such techniques for increasing service to the riding public as are applicable to specific localities and transit user groups. Projects involving the application of new technologies or methods for improving operations.maintenance,and marketing in public transit systems can be funded through the Service Development program. Eligible capital costs are any costs that would be defined as capital costs by the Federal transit Administration.Examples would include. but not be limited to:the acquisition of buses for fleet and service expansions:transfer facilities:intermodal terminals and park and ride facilities;and passenger amenities,such as passenger shelters and bus stop signs. Eligible net operating costs are all operating costs of a project;less any federal funds.fares.or other sources of income to the project." D.Deliverable(s): City of Miami Beach will provide the South Beach Trolley Service Route. The project scope identifies the ultimate project deliverables. Deliverables for requisition,payment and invoice purposes will be the incremental progress made toward completion of project scope elements.Supporting documentation will be quantifiable,measurable,and verifiable,to allow for a determination of the amount of incremental progress that has been made,and provide evidence that the payment requested is commensurate with the accomplished Incremental progress and costs incurred by the Agency. E.Unallowable Costs(including but not limited to): F.Transit Operating.Grant Requirements(Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail,along with the progress report,will be the required deliverables for Transit Operating Grants. 17 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Faun 72640002 PUBLIC TRANSPORTATION STRATEGIC DEYELOPYENT GRANT AGREEMENT EXHIBITS OGC06119 EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial FLAIR State Object CSFAI CSFAICFDA Title Project Fund Category Fiscal Code CFDA or Funding Amount Number Type Year Number Funding Source Description Public Transit 444542-1-84- DPTO 088774 2020 751000 55.012 Service $1,250,000 01 Development _ Program Total Financial Assistance $1,250,000 B. Operations Phase-Estimate of Project Costs by Budget Category: Budget Categories State Local Federal Total Operations(Transit Only)* Salaries $0 $0 $0 $0 Fringe Benefits $0 $0 $0:.. $0 Contractual Services $1,250,000 $3,750,000 $0 $5,000,000 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs _ $0 $0 $0 $0 Totals $1,250,000 $3,750,000 SO $5',000,000 *Budget category amounts are estimates and can be shifted between items without amendment(because they are all within the Operations Phase). C. Cost.Reimbursement The Agency will submit invoices for cost reimbursement on a: _Monthly .25,Quarterly Other basis upon the approval of the deliverables including the expenditure detail provided by the Agency. BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475,FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable,and necessary as required by Section 216.3475, Florida Statutes.Documentation is on file evidencing the methodology used and the conclusions reached. Raymond Freeman �It Depa•: ent Grant Manager N-, , _ LA:,A it , LAS A la r 19 Signature / ►,, D-te 18 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 72510002 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC OEM EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED 19 of 22 J • RESOLUTION NO., 2019-30838 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO TAKE THE FOLLOWING ACTIONS: 1) SUBMIT A GRANT APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS OFFICE) FOR FISCAL YEAR (FY) 2019 LAW ENFORCEMENT MENTAL HEALTH AND WELLNESS ACT PROGRAM, IN THE APPROXIMATE AMOUNT OF $50,00.00 FOR THE MIAMI BEACH POLICE DEPARTMENT'S PEER SUPPORT PROGRAM, 2) SUBMIT A GRANT APPLICATION TO THE U.S. TENNIS ASSOCIATION IN THE APPROXIMATE AMOUNT OF $5,000.00 TO PURCHASE EQUIPMENT FOR THE NORTH SHORE PARK YOUTH TENNIS CENTER, (3) SUBMIT AA (GRANT APPLICATION (TO (THE (FLORIDA 1DEPARTMENT OF (TRANSPORTATION (F_DOT) 1FOR (THE SERVICE DEVELOPMENT GRANT (PROGRAM (IN(THE(APPROXIMATE AMOUNT OF-$14250:000:00 FOR(THE OPERATING COSTS (FOR(THE (SOUTH BEACH (TROLLEY ROUTE, AND • 4) SUBMIT A GRANT APPLICATION TO THE NATIONAL FISH AND WILDLIFE FOUNDATION, NATIONAL COASTAL RESILIENCE FUND IN THE APPROXIMATE AMOUNT OF $3,000,000.00 FOR THE RESILIENCY PROJECT AT THE PAR 3/COMMUNITY PARK; APPROVING AND AUTHORIZING THE APPROPRIATION OF THE ABOVE GRANTS AND FUNDING REQUESTS, INCLUDING ANY REQUISITE MATCHING FUNDS AND CITY EXPENSES; AND FURTHER AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ALL NECESSARY DOCUMENTS IN CONNECTION WITH THE AFORESTATED GRANTS AND FUNDING • REQUESTS, INCLUDING, WITHOUT LIMITATION, APPLICATIONS, GRANT AND FUNDING AGREEMENTS, AND AUDITS, AND AUTHORIZING THE CITY MANAGER,OR HIS DESIGNEE,TO TAKE ALL NECESSARY ACTIONS RELATED TO THESE GRANTS. WHEREAS, the City Administration (the "Administration") requests approval to submit a grant application to the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS Office) Law Enforcement Mental Health and Wellness Act Program, in the approximate amount of$50,000.00, the details of which are as follows: • The COPS Office's Law Enforcement Mental Health and Wellness Act exists to improve the delivery of, and access to, mental health and wellness services for law enforcement through training and technical assistance, demonstration projects, and implementation of promising practices related to peer mentoring mental health and wellness programs. • In 2017,the Miami Beach Police Department launched a Peer Support Program to create a culture of health and wellness, raise awareness and empower, and provide preventive and supportive services. • The Administration intends to apply for funding in the approximate amount of$50,000.00 to expand upon the existing Peer Support Program by implementing a Peer-Led Yoga pilot program with data-driven pre-and post-assessments focusing on the impact of yoga on emotional wellbeing, physical health, and community policing. • The program will be offered to all Miami Beach Police Department sworn officers, and the City will partner with Florida International University's Community Based Research Institute on this program. • • The grant does not require matching funds and this program supports the key intended outcome to maximize the Miami Beach brand as a world class destination; and WHEREAS,the Administration requests approval to submit a grant application to the U.S. Tennis Association (USTA), in the approximate amount of $5,000, for equipment for the North Shore Park Youth Tennis Center, the details of which are as follows: • The USTA is the national body for the sport of tennis and promotes and develops the growth of tennis. • The USTA was founding in 1881 and continues today on its mission to develop and promote the game of tennis. • The Administration is requesting funds in an amount not to exceed $5,000 to purchase equipment for the tennis program at the North Shore Park Youth Tennis Center. • The City of Miami Beach(the"City")and the Miami Beach Tennis Academy jointly operate the North Shore Park Youth Tennis Center program. • The City is seeking grant funding to support the tennis program, which partners with the International Tennis Federation to produce events and competitions each year. • The grant does not require matching funds, and the program supports the key intended outcome to maximize the Miami Beach brand as a world class destination; and WHEREAS,te City Administration-requests approval to submit a-grantapplication to the Florida Department of Transportation(FDOT),(Service Development-Grant Program for funding in the approximate amount,of$1;250;000;forthe($0utliT+13each Trolley,(theLetails�f which are as follows: . . • FDOT's Service Development Grant Program provides financial support for projects that use new methods to improve operations in public transit systems, including new services, technologies or routes. • The Administration is applying for funding in the amount of $1,250,000 from FDOT for operating costs for the South Beach Trolley route. • • The grant funds will supplement approximately 25% of the annual cost of operating the South Beach.Trolley services. • The total annual cost of'turnkey trolley operations and maintenance service for the South Beach Trolley is $5,001,451. • • • The City is requesting state funding to assist with maintaining existing service levels. • The grant requires matching funds, and the Transportation Department will provide matching funds in the amount of$1,250,000 from the People's Transportation Plan Fund (PTP),Account#187-6300-000349-00-403-529-00-00-00. • This project supports the key intended outcome to ensure comprehensive mobility ' addressing all modes throughout the City; and • WHEREAS, the City Administration requests approval to submit a grant application to the National Fish and Wildlife Foundation, National Coastal Resilience Fund, in the approximate amount of $3,000,000.00, for a Resiliency Project at the Par 3 /Community Park, the details of which are as follows: • The National Coastal Resilience Fund is a national program with a regional focus that aims to benefit coastal communities by: 1) reducing the impact of coastal flooding and associated threats to property; 2) improving water quality and recreational opportunities; and, 3) enhancing the ecological integrity and functionality of coastal and inland ecosystems. • The Administration is applying for funds to create resilient infrastructure, and habitat on a 20-acre parcel of land formerly utilized as the Par 3 Golf Course. • The proposed flood mitigation project will reduce community flooding through stormwater management and will provide local flood control for the neighborhood. • The project's main activities include constructing a water retention/detention pond (lake) that will serve as the central feature in the community park. • The project will protect the surrounding 65-acre neighborhood through a drainage system. • The Administration is requesting funding in the amount of$3,000,000.00, and the grant program requires matching funds. • Matching funds in the amount of $3,000,000.00 are available through the General Obligation Bond Program, Project#15, Par 3/Community Park. • This project supports the key intended outcome to ensure reliable stormwater management and resiliency against flooding by implementing select short and long-term solutions including addressing sea-level rise; and WHEREAS, the grant and funding requests set forth herein would benefit the health, safety, and welfare of the City and its residents. 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, or his designee, to take the following actions: 1) submit a grant application to the U.S. Department of Justice, Office of Community Oriented Policing Services(COPS Office)for Fiscal Year(FY)2019 Law Enforcement Mental Health and Wellness Act Program, in the approximate amount of$50,00.00 for the Miami Beach Police Department's Peer Support Program, 2) submit a grant application to the U.S. Tennis Association in the approximate amount of$5,000.00 to purchase equipment for the North Shore Park Youth Tennis Center, 3) submit a grant application to the Florida Department of Transportation (FDOT) for the Service Development Grant Program in the approximate amount of$1,250.000.00 for the operating costs for the South Beach Trolley route, and 4) submit a grant application to the National Fish and Wildlife Foundation, National Coastal Resilience Fund in the approximate amount of$3,000,000.00 for the Resiliency Project at the Par 3/Community Park; approve and authorize the appropriation of the above grants and funding requests, including any • requisite matching funds and City expenses; and further authorizing the City Manager, or his designee, to execute all necessary documents in connection with the aforestated grants and funding requests, including, without limitation, applications, grant and funding agreements, and audits, and authorize the City Manager, or his designee, to take all necessary actions related to these grants. PASSED and ADOPTED this s day of 714" , 2019. • ite? Dan Gelber, Mayor . ATTEST: hp FA Raf I E. Granado, City Clerk """ tro y f4.4. 49 °RAt�� 3 . 440"41,1, dr APPROVED AS TO • FORM&LANGUAGE &FOR EXECUTION 3 S ('t City Attorney Dote STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 72540042 PUBLIC TRANSPORTATION DEVSTRATEGC ELOPMENT GRANT AGREEMENT EXHIBITS OOCOQMY EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS—TRANSIT (Service Development) 1. .Conformance with Enabling Legislation.This Agreement is in conformance with Section 341.051,F.S. 2.Bus Transit System.In accordance with Section 341.061,F.S.,and Rule Chapter 14-90,Florida Administrative Code,the Agency shall submit and the Department shall have on file,an annual safety certification that the Agency has adopted and is complying with its adopted.System Safety Program Plan pursuant to Rule Chapter 14-90, F.A.C., and has performedannual safety inspections of all buses operated. 3.Progress Reports.The Agency will submit Semi-Annual Progress Reports on monthly ridership data. Reports are due no later than January 30th for the period ending December 31 th and July 30th for the period ending June 30'". 4. Project Goals and Service Data. The Agency must report on work efforts and provide a detailed, side-by-side comparison of the project goals and actual service data. 5.Submittal of Proposed Timeline.The Agency will submit a Proposed Time Line for Service Development Activities prior to the commencement of the project. 6.Final Report.At any time when it becomes necessary to terminate the project or at the end of the two years,a Final Report will be submitted by the Agency.This report will accompany the Final Invoice for reimbursement.The Final Report will include the following: a) An evaluation of the attainment of the goals and objectives. b) The reasons any of the goals were not met. • c) The benefrt.accrued by the Agency. d) A statement of the Agency's intent to continue with the service demonstrated. —End of Exhibit E— 20 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fora 72300002 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS °x+78 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services,Reference Guide for State Expenditures Cost Reimbursement Contracts 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 maimed indicating that the item 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 personal property as defined in Section 273.02,Florida Statutes,for subsequent transfer to the State. (5) 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. (6) 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 htto://www.mvfloridacfo.com/aadir/reference guide/. 21 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725400.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC EXHIBIT G STATE FINANCIAL ASSISTANCE(FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97,FLORIDA STATUTES:— Awarding Agency: Florida Department of Transportation State Project Title: Public Transit Service Development Program CSFA Number: 55.012 *Award Amount: $1,250,000 *The award amount may change with amendments Specific project information for CSFA Number 55.012 is provided at httos:llapos.fidfs.comifsaa/searchCataloq.asox COMPLIANCE REQUIREMENTS APPUCABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.012 are provided at: httosJlaoos.fldfs.com/fsaafsearchCompliance.asox The State Projects Compliance Supplement is provided at:httos:l/apps.fldfs.com/fsaa/compllance.aspx • 22 of 22