HomeMy WebLinkAboutExhibitContract Number: 12DM-4L-11-23-02-432
Project Number: LPDM-PJ-04-FL-2009-006
MODIFICATION TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
CITY OF MIAMI
This Modification Number One made and entered into by and between the State of
Florida, Division of Emergency Management ("the. Division"), and City of Miami ("the Recipient")
---- to-modify-Ccntract-Number-12DM=4L=11=23=02=342, dated-March-2T, 2Ol2, ("th Agreemen ").
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to
which the Division has provided a subgrant to the Recipient under the Pre -Disaster Mitigation
Grant Program of $750,000.00, in Federal Funds; and
WHEREAS, the Division and the Recipient desire to modify the Agreement; and
WHEREAS, the Agreement expired on September 30, 2014; and
WHEREAS, the Division and the Recipient desire to reinstate and extend the terms of
the Agreement.
WHEREAS, the Division and the Recipient desire to modify the budget line items of this
Agreement.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained
herein, the parties agree as follows:
1. The Agreement is hereby reinstated and extended as though it had never expired.
2. Paragraph 3 of the Agreement is hereby amended to read as follows:
This Agreement shall begin on date of execution and shall end December 31,
2014, unless terminated earlier in accordance with the provisions of paragraph
(12) of this Agreement.
3. The Scope of Work and Budget, Attachment A to the Agreement, are hereby modified as
set forth in 1st Revision Attachment A to this Modification, a copy of which is attached
hereto and incorporated herein by reference.
4. Paragraph 11 of the Agreement is hereby amended to read as follows:
If an Event of Default occurs, then the Division shall, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days,
exercise any one or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days
prior written notice of the termination. The notice shall be effective when placed in
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the United States, first class mail, postage prepaid, by registered or certified mail -
return receipt requested, to the address in Paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Wthhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations goveming the use of these funds;
(e) Exercise any corrective or remedial actions, to include but not limited to:
1. Request additional information from the Recipient to determine the reasons
for or the extent of non-compliance or lack of performance,
2. Issue a written warning to advise that more serious measures may be
taken if the situation is not corrected,
3. Advise the Recipient to suspend, discontinue or refrain from incurring costs
for any activities in question, or
4. Require the Recipient to reimburse the Division for the amount of costs
incurred for any items determined to be ineligible.
(f) Exercise any other rights or remedies which may be available under law;
(g) Pursuing any of the above remedies will not stop the Division from pursuing any
other remedies in this Agreement or provided at law or in equity. If the Division
waives any right or remedy in this Agreement or fails to insist on strict performance
by the Recipient, it will not affect, extend or waive any other right or remedy of the
Division, or affect the later exercise of the same right or remedy by the Division for
any other default by the Recipient.
5. All provisions of the Agreement being modified and any attachments in conflict with this
Modification shall be and are hereby changed to conform with this Modification, effective
on the date of execution of this Modification by both parties.
6. All provisions not in conflict with this Modification remain in full force and effect, and are
to be performed at the level specified in the Agreement.
7. Quarterly Reports are due to the Division no later than 15 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the
administrative close-out report. The ending dates for each quarter of the program year
are March 31, June 30, September 30 and December 31.
IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the
dates set out below.
RECIPIENT: CITY OF MIAMI
By:
Name and Title: Daniel J Alfonsn, City Manager
Date:
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Bryan W. Koon, Director
Date:
ATTEST: THE CITY OF MIAMI, a municipal
Corporation of the State of Florida
Todd B. Hannon
City Clerk
Daniel J. Alfonso
City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Victoria Mendez
City Attorney
Ann -Marie Sharpe, Director
Department of Risk Management
Attachment A
Scope of Work and Budget
(1st Revision)
The Sub -grantee, the City of Miami, will provide drainage and street improvements for Garden
Storm Sewers, an area bounded by NW 36th Street on the south; Airport Expressway (112) on the north;
NW 27th Avenue on the west and NW 24th Avenue on the east. The project consists of the design and
construction of exfiltration trenches and associated drainage structures to relieve stormwater flooding in
the area, along with the restoration of the streets, sidewalks, ramps, sidewalks, pedestrian, ramps and
landscape within the project limits
The Federal Emergency Management Agency has determined from a programmatic and
technical review that the following items are unique to this project and a requirement of this award.
• Quarterly financial and programmatic progress reports for LPDM projects are required. The
programmatic progress report will include sufficient narrative to determine the degree to
which the project has been implemented and the estimated time to completion.
• Requests for changes to the SOW after award are permissible as long as they do not
change the nature or total project cost of the activity, properties identified in the sub -
application, the feasibility and effectiveness of the project, or the benefit cost ratio.
Requests must be supported by adequate justification from the applicant in order to be
processed. The justification is a description of the proposed change, a written explanation
of the reason or reasons for the change; an outline of remaining funds available to support
the change; and a full description of the work necessary to complete the activity. The
Regional Office may allow significant engineering design changes if no environmental
impacts are anticipated. If the project remains technically feasible, and or once an
additional round of environmental consultations is completed and a revised CATEX issued.
All approvals will be at FEMA's discretion, and there is no guarantee that SOW changes
will be approved. Any change, addition, or supplement to the approved project SOW that
alters the project (including other work not funded by FEMA, but done substantially at the
same time) will require re -submission of the application to FEMA for NEPA re-evaluation
before starting project work.
• The Applicant must follow all applicable state, local, and Federal laws, regulations, and
requirements, and obtain (before starting project work) and comply with all required permits
and approvals. If start of project work is delayed for a year or more after the date or this
CATEX, then coordination with and project review by appropriate regulatory agencies must
be redone.
• Construction vehicles and equipment used for this project shall be maintained in good
working order to minimize pollutant emissions. The contractor will implement measures to
prevent spillage or runoff of chemicals, fuels, oils, or sewer related wastes during project
work.
• Any hazardous materials found onsite such as asbestos or lead -based paint, will also be
managed in accordance with all applicable state, local, and federal laws and regulations.
• If any archaeological material is discovered during project work, work in that area shall
cease immediately, and the Sub -Applicant will contact the State Historic Preservation
Officer (SHPO), the DHS/FEMA Region IV Environmental Officer, and the FDEM State
Environmental Liaison Officer for further guidance.
• The Sub -grantee must notify the State as soon as significant developments become
known, such as delays or adverse conditions that might raise or delay completion, or
favorable conditions allowing lower cost or earlier completion; and
• No cost overruns will be funded
• The Sub -Applicant shall use only clean fill material for this project. The fill material shall be
free from items such as trash, debris, automotive parts, asphalt, construction materials, and
concrete block with exposed reinforcement bars, and soils contaminated with any toxic
substances, in toxic amounts in accordance with Section 307 of the Clean Water Act.
This is LPDM-2010, Project 006
Funding Summary:
Local Share:
Federal Share:
Total Project Cost:
Line Item Budget:
$ 250,986.50 (25.073915%)
$ 750,000.00 (74.926085%)
$1,000,986.50 (100.00%)
Total Federal Non -Federal
Design $ 14,968.27 $ 11,215.14 $ 3,753.13
Material $ 627,394.35 $ 470,082.02 $157,312.33
Labor $ 358,623.88 $ 268,702.83 $ 89,921.05
Total $ 1,000,986.50 $750,000.00 $250,986.50
Schedule of Work:
Prepare Bid documents... 6 Months
Advertise Request for Bids 3 Months
Evaluate Bids, Award and Execute Contract 2 Months
Contractor Engineering Submittals . 2 Months
Permit Application, Review and Issue Permit... 2 Months
Construction 6 Months
Final Inspection, Punch List, Close -Out 1 Month
Total duration of Proposed Activity......... 22 Months
This award expires December 31, 2014