HomeMy WebLinkAbout25052AGREEMENT INFORMATION
AGREEMENT NUMBER
25052
NAME/TYPE OF AGREEMENT
STATE OF FLORIDA DIVISION OF EMERGENCY
MANAGEMENT
DESCRIPTION
MODIFICATION #5 TO SUBGRANT AGREEMENT/CITY OF
MIAMI WIND RETROFIT PROJECT #PDMC-PJ-04-FL-2016-
006/MATTER I D : 24-1055
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
6/14/2024
DATE RECEIVED FROM ISSUING
DEPT.
6/27/2024
NOTE
DOCUSIGN AGREEMENT BY EMAIL - PLEASE NOTE THAT
ORIGINAL DOCUMENT HAS BEEN SUBSTITUTED TO
REFLECT UPDATED SIGNATURES FROM THE STATE OF
FLORIDA REPRESENTATIVES
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Ron DeSantis Kevin Guthrie
Governor Director
June 24, 2024
Lillian Blondet
Director of Grants Administration
444 S.W. 2nd Avenue, 5th Floor
Miami, Florida 33130
Re: Project #PDMC2016-006, City of Miami
Dear Lillian Blondet:
Enclosed is the executed Pre -Disaster Mitigation Grant Program (PDMC) contract
modification number five (#5) (Contract #18DM-AX-11-23-02-365) between City of Miami
and the Division of Emergency Management.
Please email all Requests for Reimbursement (Attachment D) to the project manager at
Susan.Harris-Council@em.myflorida.com. The Project Manager for this contract is:
Susan Harris -Council, Project Manager
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
If you have any specific questions regarding the contract or the Request for
Reimbursement form, please contact Susan Harris -Council at (850) 815-4532.
Respectfully,
Digitally signed by Laura
Dhuwe
Laura Dhuwe Date: 2024.07.02 15:27:40
-04'00'
Laura Dhuwe
Bureau Chief, Mitigation
State Hazard Mitigation Officer
Enclosure
DIVISION HEADQUARTERS
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Telephone: 850-815-4000
www.FloridaDisaster.orq
STATE LOGISTICS RESPONSE CENTER
2702 Directors Row
Orlando, FL 32809-5631
Contract Number: 18DM-AX-11-23-02-365
Project Number: PDMC-PJ-04-FL-2016-006
MODIFICATION TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
CITY OF MIAMI
This Modification Number Five made and entered into by and between the State of Florida,
Division of Emergency Management ("the Division"), and City of Miami ("the Sub -Recipient") to modify
Contract Number 18DM-AX-11-23-02-365, dated, April 2, 2018 ("the Agreement").
WHEREAS, the Division and the Sub -Recipient have entered into the Agreement, pursuant to
which the Division has provided a subgrant to the Sub -Recipient under the Pre -Disaster Mitigation Grant
Program of $707,362.28, in Federal Funds; and
WHEREAS, the Division and the Sub -Recipient intend to modify the Agreement; and
WHEREAS, the Agreement expired on February 28, 2024; and
WHEREAS, the Division and the Sub -Recipient intend to reinstate and extend the terms of the
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 8 of the Agreement is hereby amended to read as follows:
(8) PERIOD OF AGREEMENT
This Agreement shall begin April 2, 2018 and shall end October 31, 2024, unless terminated
earlier in accordance with the provisions of Paragraph (17) of this Agreement.
3. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as set forth
in 5th Revision Attachment A to this Modification, a copy of which is attached hereto and
incorporated herein by reference.
4. 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.
5. 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.
6. 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.
7. This modification may be executed in any number of counterparts, each of which so executed
shall be deemed to be an original, and such counterparts shall together constitute but one and the
same document. The parties shall be entitled to sign and transmit an electronic signature of this
Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be
binding on the party whose name is contained therein. Any party providing an electronic signature
agrees to promptly execute and deliver to the other parties an original signed modification upon
request.
IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set
out below.
SUB -RECIPIENT: CITY OF MIAMI
By:
Signature on following page.
Name and Title:
Date:
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Laura Dhuwe Digitally signed by Laura Dhuwe
I.. Date: 2024.07.0215:27:29-04'00'
By:
Name and Title: Kevin Guthrie, Director
Date:
02-J U L-2024
CITY OF MIAMI, FLORIDA
SIGNATURE PAGE
For City of Miami/State of Florida, Division of Emergency Management Grant
Agree eiltoEnOihl:113iDMC-PJ-04-FL-2016-006/Contract #:18DM-AX-11-23-02-365
ATTES
DocuSigned by:
CE46D7560DCF1459..
Todd Hannon
City Clerk
Date:
APPROVED AS TO FORM AND
CORRECTNESS: RP #24-1055
,—DocuSigned by:
"-88776E9FE88248B...
George x. wysong iii
City Attorney
June 13, 2024 1 14:2
Date:
CITY OF MIAMI, a municipal
Corporation of the State of Florida
—DocuSigned by:
arttow Navic �t
—850CF6C372DD42A...
Arthur Noriega V
City Manager
June 13, 2024 1 17:30:08 I
Date:
APPROVED AS TO INSURANCE
REQUIREMENTS
p—DocuSigned by:
Orga aaVVICA)
27395C6318214E7...
Ann -Marie Sharpe
Director
June 13, 2024 1 12:29:08 E
Date:
Attachment A
Scope of Work and Budget
(5th Revision)
STATEMENT OF PURPOSE:
The purpose of this Scope of Work (SOW) is to protect the Solid Waste Building in the City of Miami, Miami -
Dade County, Florida; funded through the Pre -Disaster Mitigation Grant Program (PDMC), PDMC-PJ-04-
FL-2016-006, as approved by the Florida Division of Emergency Management (FDEM) and the Federal
Emergency Management Agency (FEMA).
The Sub -Recipient, City of Miami, agrees to administer and complete the project per scope of work as
submitted by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -
Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws,
Regulations and Codes.
PROJECT OVERVIEW:
As a Pre -Disaster Mitigation Grant Program project, the Sub -Recipient proposes to retrofit the City of Miami's
Solid Waste Building, located at 1290 NW 20th Street, Miami, Miami -Dade County, Florida, 33142.
The scope of work for this project consists of retrofitting the City of Miami Solid Waste Building by
providing a new roof system capable of withstanding wind loads during natural disasters. In addition, all
windows and doors will be replaced by an impact resistant glazing system meeting or exceeding Miami -
Dade County Code.
If deemed necessary, wind protections are provided on any other opening such as vents, louvers and
exhaust fans. All installations will be in strict compliance with the Florida Building Code or Miami -Dade
Specifications and all materials will be certified to meet wind and impact standards. The local municipal
or county building department will inspect and certify installation according to the manufacture's
specifications.
TASKS & DELIVERABLES:
A) Tasks
1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute
a contract with the selected bidder to complete the scope of work as approved by the Division and
FEMA. The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the
Sub -Recipient's procurement policy as well as all Federal and State Laws and Regulations. All
procurement activities shall contain sufficient source documentation and be in accordance with all
applicable regulations.
The Sub -Recipient shall be responsible for furnishing or contracting all labor, materials, equipment,
tools, transportation and supervision and for performing all work per sealed engineering designs and
construction plans presented to the Division by the Sub -Recipient and subsequently approved by the
Division and FEMA.
The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksite for
the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable
condition.
The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended
from participating in federally funded projects.
The selected contractor shall have a current and valid occupational license/business tax receipt issued
for the type of services being performed.
The Sub -Recipient shall provide documentation demonstrating the results of the procurement process.
This shall include a rationale for the method of procurement and selection of contract type, contractor
selection and/or rejection and bid tabulation and listing, and the basis of contract price.
The Sub -Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary
Exclusion Form" for each contractor and/or subcontractor performing services under this agreement.
Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub -
Recipient.
The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform
services. The Sub -Recipient shall provide a copy of a current and valid occupational license or
business tax receipt issued for the type of services to be performed by selected contractor.
2) The Sub -Recipient shall monitor and manage the procurement and installation of all opening protection
products in accordance with the HMGP application and associated documentation as presented to the
Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -
Recipient shall ensure that all applicable State, Local and Federal Laws and Regulations are followed
and documented, as appropriate.
The project shall protect the building from windblown debris resulting from high windstorms, which shall
allow the function of the structures to continue following a severe wind event.
The Sub -Recipient shall fully perform the approved project, as described in the application, in
accordance with the approved scope of work indicated herein, the estimate of costs indicated herein,
the allocation of funds indicated herein, and all applicable terms and conditions. The Sub -Recipient
shall not deviate from the approved project terms and conditions.
Upon completion of the work, the Sub -Recipient shall schedule and participate in a final inspection of
the completed project by the local municipal or county building department (official), or other approving
official, as applicable. The official shall inspect and certify that all installation was in accordance with
the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected
by the Sub -Recipient prior to Sub -Recipient's submittal of the final inspection request to the Division.
Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient
supporting documentation, and provide a summary of all contract scope of work and scope of work
changes, if any. Additional documentation shall include:
a) Copy of permit(s), notice of commencement.
b) Local Building Official Inspection Report and Final Approval.
c) All Product Specifications / Data Sheet(s) (technical standards) satisfying protection requirements
on all products utilized.
d) Signed and Sealed As -built project plans (drawings) by the Professional of Record, two hard copies
and electronic version (via email or CD).
e) Letter of Completion:
1. Affirming that the project was completed in conformance with the approved project drawings,
specifications and scope; and
2. Certifying Compliance with all applicable codes.
f) Proof of compliance with Project Requirements and Conditions contained herein.
During the course of this agreement, the Sub -Recipient shall submit requests for reimbursement.
Adequate and complete source documentation shall be submitted to support all costs (federal share
and local share) related to the project. In some cases, all project activities may not be fully complete
prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a
partial reimbursement may be requested.
The Sub -Recipient shall submit an Affidavit signed by the Sub -Recipient's project personnel with each
reimbursement request, attesting to the completion of the work, disbursements or payments were made
in accordance with all agreement and regulatory conditions, and that reimbursement is due and has
not been previously requested.
The Sub -Recipient shall maintain accurate time records. The Sub -Recipient shall ensure invoices are
accurate and any contracted services were rendered within the terms and timelines of this agreement.
All supporting documentation shall agree with the requested billing period. All costs submitted for
reimbursement shall contain adequate source documentation, which may include but not be limited to
cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time
and attendance records, contract and subcontract award documents.
Construction Expense: The Sub -Recipient shall pre -audit bills, invoices, and/or charges submitted by
the contractors and subcontractors and pay the contractors and subcontractors for approved bills,
invoices, and/or charges. Sub -Recipient shall ensure that all contractor/subcontractor bills, invoices,
and/or charges are legitimate and clearly identify the activities being performed and associated costs.
Project Management Expenses: The Sub -Recipient shall pre -audit source documentation such as
payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information
describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour
including enough information to calculate the hourly rates based on payroll records. Employee benefits
shall be clearly shown.
The Division shall review all submitted requests for reimbursement for basic accuracy of information.
Further, the Division shall ensure that no unauthorized work was completed prior to the approved
project start date by verifying vendor and contractor invoices. The Division shall verify that reported
costs were incurred in the performance of eligible work, that the approved work was completed, and
that the mitigation measures are in compliance with the approved scope of work prior to processing
any requests for reimbursement.
Review and approval of any third party in -kind services, if applicable, shall be conducted by the Division
in coordination with the Sub -Recipient. Quarterly Reports shall be submitted by the Sub -Recipient and
received by the Division at the times provided in this agreement prior to the processing of any
reimbursement.
The Sub -Recipient shall submit to the Division requests for reimbursement of actual construction and
managerial costs related to the project as identified in the project application, and plans. The requests
for reimbursement shall include:
a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services
performed, description of services performed, location of services performed, cost of services
performed, name of service provider and any other pertinent information;
b) Proof of payment from the Sub -Recipient to the contractor, subcontractor, and/or vendor for
invoiced services;
c) Clear identification of amount of costs being requested for reimbursement as well as costs being
applied against the local match amount;
The Sub -Recipient's final request for reimbursement shall include the final construction project cost.
Supporting documentation shall show that all contractors and subcontractors have been paid.
B) Deliverables
Mitigation Activities consist of providing protection to City of Miami Solid Waste Building located at
1290 NW 20th Street in Miami, FL 33142 by providing a new roof system capable of withstanding
wind loads during natural disasters. In addition, all windows and doors will be replaced by an impact
resistant glazing system meeting or exceeding Miami -Dade County Code. The structure shall be
hardened to the required Florida Building Code requirements.
Provided the Sub -Recipient performs in accordance with the Scope of Work outlined in this
Agreement, the Division shall reimburse the Sub -Recipient based on the percentage of overall project
completion.
PROJECT CONDITIONS AND REQUIREMENTS:
C) Engineerinq
1) The Sub -Recipient shall submit to the Division an official letter stating that the project is 100% complete
and ready for the Division's Final Inspection of the project.
2) The Sub -Recipient shall provide a copy of the Notice of Commencement, and any local official
Inspection Report and/or Final approval; as applicable.
3) The Sub -Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards)
satisfying protect requirements on all products utilized.
4) The Sub -Recipient shall submit a signed and sealed final copy of the completed project's As -built
drawings and all necessary supporting documentation, and provide a summary of all contract scope of
work changes, if any.
5) The Sub -Recipient shall submit a certified letter of completion from Engineer of Record. The Sub -
Recipient's Engineer of Record shall provide a formal certificate or letter affirming that the project has
been completed in conformance with the approved project drawings, specifications, scope, and
applicable codes.
6) All installations shall be done in strict compliance with the Florida Building Code or Miami Dade
Specifications. All materials shall be certified to exceed the wind and impact standards of the current
local codes.
7) Product Specifications documentation satisfying protection requirements for all products utilized shall
be provided to the Division for closeout.
8) The Sub -Recipient shall 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. Failure to obtain all appropriate Federal, State, and Local permits and clearances may
jeopardize federal funding. Glazing in buildings shall be impact resistant or protected with an impact
resistant covering meeting the requirements of SSTD 12, ASTM E 1886 and ASTM E 1996,
ANSI/DASMA 115 (for garage doors and rolling doors) or Miami -Dade TAS 201, 202 and 203 or AAMA
506 referenced therein as follows:
a) Glazed openings located within 30 feet (9.1 m) of grade shall meet the requirements of the
Large Missile Test
b) Glazed openings located more than 30 feet (9.1 m) above grade shall meet the provisions of
the Small Missile Test.
c) Louvers protecting intake and exhaust ventilation ducts not assumed to be open that are
located within 30 feet (9144 mm) of grade shall meet requirements of the Large Missile Test.
Impact -resistant coverings shall be tested at 1.5 times the design pressure (Positive or Negative)
expressed in pounds per square feet as determined by the Florida Building Code, Building Section1609
for which the specimen is to be tested.
9) The local municipal or county building department shall inspect the installation according to the
manufacture's specification, and ensure that the above referenced standards have been met;
documentation provided to the division for closeout.
10) The materials and work funded pursuant to this Sub grant Agreement are intended to decrease the
vulnerability of the building to property losses and are specifically not intended to provide for the safety
of inhabitants before, during or after a natural or manmade disaster.
11) The funding provided by the Division under this sub grant shall compensate for the materials labor and
fees for the hardening activities as a retrofit measure for the Sub -Recipient's buildings to reduce and/or
mitigate the damage that might otherwise occur from severe weather or other hazards. The funding of
this project by the Division does not confer or imply any warranty of use or suitability for the work
performed pursuant to this agreement. The State of Florida disclaims all warranties with regard to this
mitigation project, express or implied, including but not limited to, any implied warranties and/or
conditions of satisfactory quality and fitness for a particular purpose, merchantability, or merchantable
quality.
12) This project has not been evaluated by the criteria contained in the standards of the Department of
Homeland Security, Federal Emergency Management Agency guidance manual FEMA 361-Design
and Construction for Community Shelter, and thus does not provide "near absolute protection." It is
understood and agreed by the Division and the Sub -Recipient that the building may have vulnerabilities
due to age, design and location, which may result in damage to the building from wind events even
after the installation of the mitigation measures funded under this Sub grant Agreement. It is further
understood and agreed by the Division and the Sub -Recipient that the level of wind protection provided
by the mitigation action, although meeting State standards and codes and enhancing the structural
integrity of the building, does not ensure the safety or survival of building occupants.
D) Environmental:
1) The Sub -Recipient shall 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. Failure
to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize
federal funding. If the project is delayed for a year or more after the date of the categorical exclusion
(CATEX), then coordination with and project review by regulatory agencies must be redone.
2) If any ground disturbance activities occur during construction, the Sub -Recipient shall monitor ground
disturbance during construction, and if any potential archeological resources are discovered, shall
immediately cease construction in that area and notify the Division and FEMA.
3) Any change addition or supplement to the approved mitigation measure or scope of work that alters
the project (including other work not funded by FEMA, but done substantially at the same time) shall
require resubmission to the Division and FEMA for revaluation of compliance with the National
Environmental Protection Act (NEPA) and Section 106 of the National Historic Preservation Act (NHPA)
prior to initiation of any work. Non-compliance with these requirements may jeopardize FEMA's ability
to fund this project. A change in the scope of work shall be approved by the Division and FEMA in
advance regardless of the budget implications.
4) Construction vehicles and equipment used for this project shall be maintained in good working order to
minimize pollutant emissions.
E) Programmatic:
1) The Sub -Recipient must notify the Division as soon as significant developments becomes known, such
as delays or adverse conditions that might raise costs or delay completion, or favorable conditions
allowing lower costs or earlier completion.
2) The Sub -Recipient must "obtain prior written approval for any budget revision which would result in a
need for additional funds" [44 CFR 13(c)], from the Division and FEMA.
3) Project is approved with the condition that the enclosed list of deliverables shall be submitted, 30-days
prior to the Period of Performance date, for review and approval by the Division; for submittal to FEMA
for closeout.
4) Any extension of the Period of Performance shall be submitted to FEMA, 60 days prior to the expiration
date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted
along with substantiation of new expiration date, and a new schedule of work, to the Division a minimum
of seventy (70) days prior to the expiration date, for Division processing to FEMA.
5) The Sub -Recipient must avoid duplication of benefits between the PDM Program and any other form
of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR
206.191.
FINANCIAL CONSEQUENCES:
If the Sub -Recipient fails to comply with any term of the award, the Division shall take one or more of the
following actions, as appropriate in the circumstances:
1) Temporarily withhold cash payments pending correction of the deficiency by the Sub -Recipient;
2) Disallow all or part of the cost of the activity or action not in compliance;
3) Wholly or partly suspend or terminate the current award for the Sub -Recipient's program;
4) Withhold further awards for the program; or
5) Take other remedies that may be legally available.
BUDGET:
Funding Summary
Federal Share:
Local Share:
Total Project Cost:
Line Item Budget*
$707,362.28 (75.00000053%)
$235,787.42 (24.99999947%)
Project Cost
$943,149.70 (100.00%)
Federal Share Local Share
Construction/Materials $898,237.81 $673,678.36 $224,559.45
Contingency Fees $0.00 $0.00 $0.00
Subapplicant Management Fees $44,911.89 $33,683.92 $11,227.97
Total: $943,149.70 $707,362.28 $235,787.42
*Any line item amount in this Budget may be increased or decreased 10% or less without an
amendment to this Agreement being required so long as the overall amount of the funds
obligated under this Agreement is not increased.
SCHEDULE OF WORK:
Project Activation 2 Months
Design 4 Months
Permitting: 3 Months
Construction / Installation: 6 Months
Final Inspection/Closeout: 2 Months
Total Period of Performance: 17 Months
This is FEMA project number PDMC-PJ-04-FL-2016-006. The Period of Performance (POP) for this project
shall end on October 31, 2024.
City of Miami
Resolution R-21-0323
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.corn
File Number: 9336
Final Action Date: 7/22/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING AND APPROPRIATING REIMBURSEMENT GRANT FUNDS
FROM THE STATE OF FLORIDA'S DIVISION OF THE EMERGENCY
MANAGEMENT ("STATE") ADMINISTERING FEDERAL FUNDS ON BEHALF
OF THE UNITED STATES FEDERAL EMERGENCY MANAGEMENT AGENCY
("FEMA") IN THE INCREASED AMOUNT OF THREE HUNDRED NINETY ONE
THOUSAND FIVE HUNDRED TWO DOLLARS AND THIRTEEN CENTS
($391,502.13) FOR A TOTAL NOT TO EXCEED AMOUNT OF SEVEN
HUNDRED SEVEN THOUSAND THREE HUNDRED SIXTY TWO DOLLARS
AND TWENTY EIGHT CENTS ($707,362.28) ("GRANT"); FURTHER
APPROPRIATING THE CITY OF MIAMI'S ("CITY") MATCHING FUNDS IN THE
AN AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY FIVE THOUSAND
SEVEN HUNDRED EIGHTY SEVEN DOLLARS AND FORTY TWO CENTS
($235,787.42) ("CITY MATCH"), BOTH TO FUND THE COST OF
RETROFITTING THE CITY'S SOLID WASTE DEPARTMENT'S BUILDING
ASSOCIATED WITH MULTI -YEAR CAPITAL PLAN PROJECT NO. 40-B183902
("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A FEDERALLY -FUNDED SUBAWARD AND
GRANT AGREEMENT ("GRANT AGREEMENT"), IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, BETWEEN THE CITY AND THE STATE ON
BEHALF OF FEMA AND TO NEGOTIATE AND EXECUTE ANY AND ALL
OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS,
EXTENSIONS, RENEWALS, AND MODIFICATIONS TO SAID GRANT
AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, IN
ORDER TO INSTITUTE THE ACCEPTANCE, IMPLEMENTATION, AND
ADMINISTRATION OF SAID GRANT AND THE CITY MATCH FOR THE
PROJECT.
WHEREAS, pursuant to Resolution No. R-18-0014 adopted on January 11, 2018, the
City Commission accepted a Federally -funded Subaward and Grant Agreement ("Initial Grant")
between the State of Florida's Division of Emergency Management ("State") which administered
federal funds on behalf of the United States Federal Emergency Management Agency ("FEMA")
and the City of Miami ("City"), appropriated reimbursement grant funding in an amount not to
exceed Three Hundred Fifteen Thousand Eight Hundred Sixty Dollars and Fifteen Cents
($315,860.15), and allocated City matching funds in an amount not to exceed One Hundred
Five Thousand Two Hundred Eighty -Six Dollars and Seventy -Two Cents ($105,286.72); and
WHEREAS, the City's Department of Solid Waste ("Department") began utilizing said
funds for a Pre -Disaster Mitigation Grant Program project to retrofit the Department's building
located at 1290 Northwest 20th Street, Miami, Florida associated with Multi -Year Capital Plan
Project No. 40-B183902 ("Project"); and
City of Miami Page 1 of 3 File ID: 9336 (Revision:) Printed On: 4/19/2023
File ID: 9336 Enactment Number: R-21-0323
WHEREAS, the initial term of the Initial Grant expired August 30, 2020; and
WHEREAS, the Department submitted a request to the State to extend the term of the
Initial Grant; and
WHEREAS, the State has approved the extension of the term of the Initial Grant and
increased the federal fund amount by Three Hundred Ninety -One Thousand Five Hundred Two
Dollars and Thirteen Cents ($391,502.13) for a total not to exceed amount of Seven Hundred
Seven Thousand Three Hundred Sixty -Two Dollars and Twenty -Eight Cents ($707,362.28)
("Grant"); and
WHEREAS, due to the increase of the Grant, the required City matching funds also
needs to increase to an amount not to exceed Two Hundred Thirty -Five Thousand Seven
Hundred Eighty -Seven Dollars and Forty -Two Cents ($235,787.42) ("City Match"); and
WHEREAS, the Grant funding will enable the Department's building to be protected and
prepared to withstand the impact of future natural disasters; and
WHEREAS, the Grant funds from the State on behalf of FEMA shall be used solely for
costs associated with the work for the Project; and
WHEREAS, the City Match has been previously allocated and included in the City's
Multi -Year Capital Plan funding for the Project;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA,
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized' to accept and appropriate the Grant from the
State on behalf of FEMA and to appropriate the City Match, both to fund the cost of retrofitting
the Department's Building associated with the Project.
Section 3. The City Manager is further authorized' to negotiate and execute a Grant
Agreement, in a form acceptable to the City Attorney, between the City and the State on behalf
of FEMA and to negotiate and execute any and all other necessary documents, including
amendments, extensions, renewals, and modifications to said Grant Agreement, all in forms
acceptable to the City Attorney, to institute the acceptance, implementation, and administration
of the Grant and the City Match for the Project.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 3 File ID: 9336 (Revision: ) Printed on: 4/19/2023
File ID: 9336
Enactment Number: R-21-0323
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 3 of 3 File ID: 9336 (Revision:) Printed on: 4/19/2023
Sec. 15. - City manager —Qualifications; appointment; term; salary; sickness or absence; removal.
The city manager shall be the head of the administrative branch of the city government. The city
commission shall fix the city manager's compensation, and the city manager shall serve as provided in
section 4(g). The city manager shall be chosen on the basis of the city manager's executive and
administrative qualifications. At the time of the city manager's appointment the city manager need not be a
resident of the state. Neither the mayor nor any city commissioner shall be eligible for the position of city
manager during or within two years after the expiration of their respective terms.
The mayor, subject to the approval of the city commission, may designate a qualified administrative
officer of the city to assume the duties and authority of the city manager during periods of temporary
absence or disability of the city manager.
The city manager shall be responsible for the administration of all units of the city government under the
city manager's jurisdiction, and for carrying out policies adopted by the city commission. The city manager
or designee shall execute contracts and other instruments, sign bonds and other evidences of
indebtedness.
(Char. Amend. No. 2, 1-1-62; Res. No. 97-447, § 2, 7-3-97; Res. No. 01-843, § 2, 8-9-01)
Olivera, Rosemary
From:
Sent:
To:
Cc:
Subject:
Attachments:
Samantha Chaganis <Samantha.Chaganis@em.myflorida.com>
Wednesday, July 3, 2024 9:38 AM
Blondet, Lillian
Susan Harris -Council; Jenna Hayth; Nicole Giordano; Holly Swift; Evan Jenkins; Moy,
Jennifer; Baez, Cindy
PDMC2016-006-MOD#5 - Executed Contract
PDMC2016-006-MOD#5 - Executed Contract (7-3).pdf
CAUTION: This is an email from an external source. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Good morning Ms. Blondet,
I hope all is well. Please disregard the previous executed contracted submitted for PDMC2016-006. The
attached executed contract replaces the previous version and is the official executed contract document for
City of Miami. We apologize for any inconvenience this may have caused.
If you have any questions, please let me know and I will be happy to assist.
Thank you for your time.
Samantha Chaganis, FCCM
Grant Specialist V
Mitigation Bureau
Florida Division of Emergency Management
2555 Shumard Oak Blvd
Tallahassee, FL 32399-2100
Office: 850-815-4590
samantha.chaganis@em.myflorida.com
www.floridadisaster.org
Under Florida law, correspondence with the Florida Division of Emergency Management concerning
agency business that is neither confidential nor exempt pursuant to Florida Statutes is a public record
and will be made available to the public upon request.
i
Olivera, Rosemary
From: Baez, Cindy
Sent: Tuesday, July 9, 2024 8:52 AM
To: Ewan, Nicole; Olivera, Rosemary
Subject: RE: PDMC2016-006-MOD#5 - Executed Contract
Attachments: PDMC2016-006-MOD#5 - Executed Contract
Hi ladies,
Hope you are doing well and healthy.
I have attached the State's email for reference.
Thank you for your assistance.
W.4 VMS
Assistant To Director
City of Miami
Solid Waste Department
1290 NW 20th Street
Miami, FL 33142
(305) 960-2803
cbaez@rniamigov.com
From: Ewan, Nicole <newan@miamigov.com>
Sent: Monday, July 8, 2024 4:25 PM
To: Olivera, Rosemary <ROlivera@miamigov.com>
Cc: Baez, Cindy <CBaez@miamigov.com>
Subject: RE: PDMC2016-006-MOD#5 - Executed Contract
Hi Rosemary,
The PDF attached is the new agreement, and the old one is attached to the email attached hereto.
Nicole Ewan, MP,4, CMC
Assistant CitrJ, Clerk
Citg of Miami
Citg Clerk's of/ice
3500 Pave American Drive
Miami, FL 33133
Ph: (305) .250-5347
FaX: (305) 858-1610
Website: www.vcciavu[ggov.com/c[tgcler/
Boards JF-' Covuvuittees: www.wiamiggov.com/boards
Search Citg Commission anal CTz4 Documents (1983 to Present)
From: Olivera, Rosemary <ROlivera@miamigov.com>
Sent: Monday, July 8, 2024 4:19 PM
To: Baez, Cindy <CBaez@miamigov.com>
Cc: Ewan, Nicole <newan@miamigov.com>
Subject: RE: PDMC2016-006-MOD#5 - Executed Contract
Importance: High
Hi Cindy,
Can you please let me know who the contract is with and when it was attested by the City
Clerk. The document is not attached to this email.
From: Ewan, Nicole <newan@miamigov.com>
Sent: Friday, July 5, 2024 8:59 AM
To: Olivera, Rosemary <ROlivera@miamigov.com>
Subject: RE: PDMC2016-006-MOD#5 - Executed Contract
Okay, let's talk about it on Monday to establish a process.
Thanks and have a great weekend!
Nicole Ewan, Mr,4, CMC
Assistant Citg Clerk
Citg of Miami
Citg Clerk's office
3500 Pave. Akuericavi. Drive
Miami, FL 33133
Ph: (305) 250-5347
FaX: (305) 858-1610
Website: www.vuiavuiggov.covu/cit(clerle
Boards JF-' Covuvuittees: www.miavuiggov.covu/boards
Search Citg Covuvuissiovt and CRA Doeuvuents (.y83 to Present)
From: Olivera, Rosemary <ROlivera@miamigov.com>
Sent: Friday, July 5, 2024 8:15 AM
To: Ewan, Nicole <newan@miamigov.com>
2
Subject: RE: PDMC2016-006-MOD#5 - Executed Contract
Importance: High
Hi Nicole,
We do not have a process because I don't think we have had this happen before. I believe we
need to establish one now to address this contrast as well as future contracts.
From: Ewan, Nicole <newan@miamigov.com>
Sent: Wednesday, July 3, 2024 4:29 PM
To: Olivera, Rosemary <ROlivera@miamigov.com>
Subject: FW: PDMC2016-006-MOD#5 - Executed Contract
Hi Rosemary,
Do we have a process to replace a previously filed agreement that was fully executed via DocuSign?
Nicole Ewavi,, MPA-, CMC
Assistant city clerk
City of M/avul
City Clerks office
500 Pave, Awerncan z'rive
MGant , FL 33133
Ph: (305) 250 5347
Fax: (305) 8541610
Webs[te: www.nti[avuiggov.covu/cLtyclerle
Boards Jf' Covuvu/ttees: www.vulavuiyov.covu/boards
Search City Covuvucss[ovt and CRA Docuvuevvts (983 to Present)
From: Baez, Cindy <CBaez@miamigov.com>
Sent: Wednesday, July 3, 2024 2:29 PM
To: Ewan, Nicole <newan@miamigov.com>
Subject: FW: PDMC2016-006-MOD#5 - Executed Contract
Hi Nicole,
Hope you are doing well and healthy.
Please be advised that the State has sent an executed agreement which replaces the previous version sent to your
office on June 27t"
How can I send the executed email verbiage required by the City Clerk's Office, and indicate that this replaced a
previous version?
Thanks for your assistance.
3
Assistant To Director
City of Miami
Solid Waste Department
1290 NW 20th Street
Miami, FL 33142
(305) 960-2803
cbaez@rniamigov.com
From: Baez, Cindy
Sent: Wednesday, July 3, 2024 2:18 PM
To: Giron, Vanessa <VGiron@miamigov.com>; Clavijo, Diego <DClavijo-c@miamigov.com>; Jimenez, Rodrigo
<RJimenez@miamigov.com>; Martinez, Luis <luismartinez@miamigov.com>; Dieme Erlich, Sabine
<SDiemeErlich@miamigov.com>; Ntock, Maurice <MNtock@miamigov.com>; Pope, Richard <rpope@miamigov.com>;
Louissaint, Bertine <BLouissaint@miamigov.com>; Lucdor, Patrick <PLucdor@miamigov.com>; Martinez, Luis
<luismartinez@miamigov.com>
Subject: PDMC2016-006-MOD#5 - Executed Contract
Hi all,
Hope you are doing well and healthy.
Please refer to the State's response below and attached executed agreement which replaces the previous version
sent.
Thank you for your assistance and have a wonderful Independence day holiday.
Assistant To Director
City of Miami
Solid Waste Department
1290 NW 20th Street
Miami, FL 33142
(305) 960-2803
cbaez@rniarnigov.com
From: Samantha Chaganis <Samantha.Chaganis@em.myflorida.com>
Sent: Wednesday, July 3, 2024 9:38 AM
To: Blondet, Lillian <LBlondet@miamigov.com>
Cc: Susan Harris -Council <Susan.Harris-Council@em.myflorida.com>; Jenna Hayth <Jenna.Hayth@em.myflorida.com>;
4
Nicole Giordano <Nicole.Giordano@em.myflorida.com>; Holly Swift <Holly.Swift@em.myflorida.com>; Evan Jenkins
<Evan.Jenkins@em.myflorida.com>; Moy, Jennifer <jmoy@miamigov.com>; Baez, Cindy <CBaez@miamigov.com>
Subject: PDMC2016-006-MOD#5 - Executed Contract
CAUTION: This is an email from an external source. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Good morning Ms. Blondet,
I hope all is well. Please disregard the previous executed contracted submitted for PDMC2016-006. The
attached executed contract replaces the previous version and is the official executed contract document for
City of Miami. We apologize for any inconvenience this may have caused.
If you have any questions, please let me know and I will be happy to assist.
Thank you for your time.
Samantha Chaganis, FCCM
Grant Specialist V
Mitigation Bureau
Florida Division of Emergency Management
2555 Shumard Oak Blvd
Tallahassee, FL 32399-2100
Office: 850-815-4590
samantha.chaganis@em.myflorida.com
www.floridadisaster.or
Under Florida law, correspondence with the Florida Division of Emergency Management concerning
agency business that is neither confidential nor exempt pursuant to Florida Statutes is a public record
and will be made available to the public upon request.
5
AGREEMENT INFORMATION
AGREEMENT NUMBER
25052
NAME/TYPE OF AGREEMENT
STATE OF FLORIDA DIVISION OF EMERGEN
MANAGEMENT
MODIFICATION #5 TO SUBGRANT ACRE• ENT/CITY OF
MIAMI WIND RETROFIT PROJECT #PD '"-PJ-04-FL-2016-
006/MATTER ID: 24-1055
DESCRIPTION
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
6/14/2024
DATE RECEIVED FROM ISSUING
DEPT.
6/27/2024
NOTE
DOCUSIGN AGREEMEN ' BY EMAIL
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMEN
Ron DeSantis Kevin G rie
Governor r rector
June 25, 2024
Lillian Blondet
Director of Grants Administration
444 S.W. 2nd Avenue, 5th Floor
Miami, Florida 33130
Re: Project #PDMC2016-006, City of Miami
Dear Lillian Blondet:
Enclosed is the executed Pre -Disaster Mitigation Grant P •gram (PDMC) contract
modification number five (#5) (Contract #18DM-AX-11--02-365) between City of Miami
and the Division of Emergency Management.
Please email all Requests for Reimbursement (A .chment D) to the project manager at
Susan.Harris-Council@em.myflorida.com. The
roject Manager for this contract is:
Susan Harris-C• ncil, Project Manager
Florida Divisio- of Emergency Management
2555 Shum. d Oak Boulevard
Tallahass=-, Florida 32399
If you have any specific question egarding the contract or the Request for
Reimbursement form, please c• tact Susan Harris -Council at (850) 815-4532.
Enclosur
DIVISION HEADQUARTERS
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Respectfully,
Digitally signed by Kristin
Kristin Lentz Lentz
D a t e: 2 02 4.06.2 5 14:5 3 2 6
-04'00'
Laura Dhuwe
Bureau Chief, Mitigation
State Hazard Mitigation Officer
Telephone: 850-815-4000
www. FloridaDisaster. orq
STATE LOGISTICS RESPONSE CENTER
2702 Directors Row
Orlando, FL 32809-5631
Contract Number: 18DM-AX-11-23-02-365
Project Number: PDMC-PJ-04-FL-2016-006
MODIFICATION TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
CITY OF MIAMI
This Modification Number Five made and entered into by and between the Stat: of Florida,
Division of Emergency Management ("the Division"), and City of Miami ("the Sub -Recipient") to modify
Contract Number 18DM-AX-11-23-02-365, dated, April 2, 2018 ("the Agreement").
WHEREAS, the Division and the Sub -Recipient have entered into the
which the Division has provided a subgrant to the Sub -Recipient under the Pr
Program of $707,362.28, in Federal Funds; and
reement, pursuant to
Disaster Mitigation Grant
WHEREAS, the Division and the Sub -Recipient intend to modify the Agreement; and
WHEREAS, the Agreement expired on February 28, 2024;
WHEREAS, the Division and the Sub -Recipient intend treinstate and extend the terms of the
Agreement.
NOW, THEREFORE, in consideration of the mut promises of the parties contained herein, the
parties agree as follows:
1. The Agreement is hereby reinstated and ext-nded as though it had never expired.
2. Paragraph 8 of the Agreement is hereb amended to read as follows:
(8) PERIOD OF AGREEMENT
This Agreement shall begin Apr 2, 2018 and shall end October 31, 2024, unless terminated
earlier in accordance with the •rovisions of Paragraph (17) of this Agreement.
3. The Budget and Scope of W. k, Attachment A to the Agreement, are hereby modified as set forth
in 5th Revision Attachment to this Modification, a copy of which is attached hereto and
incorporated herein by r- -rence.
4. All provisions of the •reement being modified and any attachments in conflict with this
Modification shall b and are hereby changed to conform with this Modification, effective on the
date of executio •f this Modification by both parties.
5. All provisions of in conflict with this Modification remain in full force and effect, and are to be
performed the level specified in the Agreement.
6. Quarte Reports are due to the Division no later than 15 days after the end of each quarter of the
progrm year and shall be sent each quarter until submission of the administrative close-out
rep%rt. The ending dates for each quarter of the program year are March 31, June 30, September
3and December 31.
This modification may be executed in any number of counterparts, each of which so executed
shall be deemed to be an original, and such counterparts shall together constitute but one and the
same document. The parties shall be entitled to sign and transmit an electronic signature of this
Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be
binding on the party whose name is contained therein. Any party providing an electronic signature
agrees to promptly execute and deliver to the other parties an original signed modification upon
request.
IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set
out below.
SUB -RECIPIENT: CITY OF MIAMI
By:
Signature on following page.
Name and Title:
Date:
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Kristin Lentz Digitally signed by Kristin Lentz
Date: 2024.06.25 14:52:59 -04'00'
By:
Name and Title: Kevin Guthrie, Director
Date: 25 JUN 2024
CITY OF MIAMI, FLORIDA
SIGNATURE PAGE
For City of Miami/State of Florida, Division of Emergency Management Grant
Agree eiltoPOigateil:bl3rDMC-PJ-04-FL-2016-006/Contract #:18DM-AX-11-23-0, -365
ATTES
DocuSigned by:
r
E46D7560DC F 1459
Todd Hannon
City Clerk
Date:
CITY OF MIAMI, a m icipal
Corporation of the S . e of Florida
DocuSigned by:
r
Novi /, June 13, 2024 I 17:30:08 I
APPROVED AS TO FORM AND AP
CORRECTNESS: RP #24-1055
�DocuSigned by:
at,ariy, Risa4 (ll
88776E9FE88248B...
ueorge n. wysong
City Attorney
June 13, 2024 114
Date:
850CF6C372DD42A
Arthur lvori. ga V Date:
City Ma . ger
OVED AS TO INSURANCE
QUIREMENTS
p-DocuSigned by:
"-27395C6318214E7...
Ann -Marie Sharpe
Director
June 13, 2024 1 12:29:08 E
Date:
Attachment A
Scope of Work and Budget
(5th Revision)
STATEMENT OF PURPOSE:
The purpose of this Scope of Work (SOW) is to protect the Solid Waste Building in the City Miami, Miami -
Dade County, Florida; funded through the Pre -Disaster Mitigation Grant Program (PD ' ), PDMC-PJ-04-
FL-2016-006, as approved by the Florida Division of Emergency Management (FD ) and the Federal
Emergency Management Agency (FEMA).
The Sub -Recipient, City of Miami, agrees to administer and complete the project er scope of work as
submitted by the Sub -Recipient and subsequently approved by the Division an• FEMA. The Sub -
Recipient shall complete the work in accordance with all applicable Federal, ' ate and Local Laws,
Regulations and Codes.
PROJECT OVERVIEW:
As a Pre -Disaster Mitigation Grant Program project, the Sub-Recipie ' t proposes to retrofit the City of Miami's
Solid Waste Building, located at 1290 NW 20th Street, Miami, .mi-Dade County, Florida, 33142.
The scope of work for this project consists of retrofitting the City of Miami Solid Waste Building by
providing a new roof system capable of withstanding wind loads during natural disasters. In addition, all
windows and doors will be replaced by an impact resist.: it glazing system meeting or exceeding Miami -
Dade County Code.
If deemed necessary, wind protections are provide• on any other opening such as vents, louvers and
exhaust fans. All installations will be in strict co . lance with the Florida Building Code or Miami -Dade
Specifications and all materials will be certified meet wind and impact standards. The local municipal
or county building department will inspect an• certify installation according to the manufacture's
specifications.
TASKS & DELIVERABLES:
A) Tasks
1) The Sub -Recipient shall proc e the services of a qualified and licensed Florida contractor and execute
a contract with the selectee bidder to complete the scope of work as approved by the Division and
FEMA. The Sub-Recipie► shall select the qualified, licensed Florida contractor in accordance with the
Sub -Recipient's procur -ment policy as well as all Federal and State Laws and Regulations. All
procurement activities shall contain sufficient source documentation and be in accordance with all
applicable regulati•. s.
The Sub-Recipi
tools, transpo
construction
t shall be responsible for furnishing or contracting all labor, materials, equipment,
tion and supervision and for performing all work per sealed engineering designs and
fans presented to the Division by the Sub -Recipient and subsequently approved by the
Division and FEMA.
The S r.-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for
the d ration of the work. The contractor shall maintain all work staging areas in a neat and presentable
co :ition.
e Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended
from participating in federally funded projects.
The selected contractor shall have a current and valid occupational license/business tax receipt issued
for the type of services being performed.
The Sub -Recipient shall provide documentation demonstrating the results of the procurement process.
This shall include a rationale for the method of procurement and selection of contract type, contractor
selection and/or rejection and bid tabulation and listing, and the basis of contract price.
The Sub -Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Volu . ry
Exclusion Form" for each contractor and/or subcontractor performing services under this agree nt.
Executed contracts with contractors and/or subcontractors shall be provided to the Division by e Sub -
Recipient.
The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform
services. The Sub -Recipient shall provide a copy of a current and valid occupat .nal license or
business tax receipt issued for the type of services to be performed by selected con .ctor.
2) The Sub -Recipient shall monitor and manage the procurement and installation of opening protection
products in accordance with the HMGP application and associated documenta •n as presented to the
Division by the Sub -Recipient and subsequently approved by the Divisio and FEMA. The Sub -
Recipient shall ensure that all applicable State, Local and Federal Laws a . Regulations are followed
and documented, as appropriate.
The project shall protect the building from windblown debris resulting fry m high windstorms, which shall
allow the function of the structures to continue following a severe wi► • event.
The Sub -Recipient shall fully perform the approved project, -s described in the application, in
accordance with the approved scope of work indicated herein, e estimate of costs indicated herein,
the allocation of funds indicated herein, and all applicable t ms and conditions. The Sub -Recipient
shall not deviate from the approved project terms and cond ions.
Upon completion of the work, the Sub -Recipient shall s► edule and participate in a final inspection of
the completed project by the local municipal or county .uilding department (official), or other approving
official, as applicable. The official shall inspect and ertify that all installation was in accordance with
the manufacturer's specifications. Any deficiencie found during this final inspection shall be corrected
by the Sub -Recipient prior to Sub -Recipient's s .mittal of the final inspection request to the Division.
Upon completion of Task 2, the Sub-Recipi• nt shall submit the following documents with sufficient
supporting documentation, and provide a - mmary of all contract scope of work and scope of work
changes, if any. Additional documentatio► shall include:
a) Copy of permit(s), notice of com ncement.
b) Local Building Official Inspectit Report and Final Approval.
c) All Product Specifications / iata Sheet(s) (technical standards) satisfying protection requirements
on all products utilized.
d) Signed and Sealed As •uilt project plans (drawings) by the Professional of Record, two hard copies
and electronic versi
(via email or CD).
e) Letter of Comple on:
1. Affirming t .t the project was completed in conformance with the approved project drawings,
specifica ons and scope; and
2. Cer ing Compliance with all applicable codes.
f) Pro
of compliance with Project Requirements and Conditions contained herein.
Durir • the course of this agreement, the Sub -Recipient shall submit requests for reimbursement.
A• equate and complete source documentation shall be submitted to support all costs (federal share
d local share) related to the project. In some cases, all project activities may not be fully complete
prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a
partial reimbursement may be requested.
The Sub -Recipient shall submit an Affidavit signed by the Sub -Recipient's project personnel with each
reimbursement request, attesting to the completion of the work, disbursements or payments were made
in accordance with all agreement and regulatory conditions, and that reimbursement is due and has
not been previously requested.
The Sub -Recipient shall maintain accurate time records. The Sub -Recipient shall ensure invoices . e
accurate and any contracted services were rendered within the terms and timelines of this agree -nt.
All supporting documentation shall agree with the requested billing period. All costs submit d for
reimbursement shall contain adequate source documentation, which may include but not be I. ited to
cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, pa olls, time
and attendance records, contract and subcontract award documents.
Construction Expense: The Sub -Recipient shall pre -audit bills, invoices, and/or charg; submitted by
the contractors and subcontractors and pay the contractors and subcontractors f• approved bills,
invoices, and/or charges. Sub -Recipient shall ensure that all contractor/subcontr tor bills, invoices,
and/or charges are legitimate and clearly identify the activities being performed . ' d associated costs.
Project Management Expenses: The Sub -Recipient shall pre -audit source ocumentation such as
payroll records, project time sheets, attendance logs, etc. Documentation s II be detailed information
describing tasks performed, hours devoted to each task, and the hourly ate charged for each hour
including enough information to calculate the hourly rates based on payr% I records. Employee benefits
shall be clearly shown.
The Division shall review all submitted requests for reimbursemen for basic accuracy of information.
Further, the Division shall ensure that no unauthorized work :s completed prior to the approved
project start date by verifying vendor and contractor invoices. he Division shall verify that reported
costs were incurred in the performance of eligible work, tha he approved work was completed, and
that the mitigation measures are in compliance with the a ' proved scope of work prior to processing
any requests for reimbursement.
Review and approval of any third party in -kind services If applicable, shall be conducted by the Division
in coordination with the Sub -Recipient. Quarterly Re 'dorts shall be submitted by the Sub -Recipient and
received by the Division at the times provided this agreement prior to the processing of any
reimbursement.
The Sub -Recipient shall submit to the Divisi
managerial costs related to the project as i
for reimbursement shall include:
a) Contractor, subcontractor, and/
performed, description of servi
performed, name of service pr
requests for reimbursement of actual construction and
ntified in the project application, and plans. The requests
vendor invoices which clearly display dates of services
s performed, location of services performed, cost of services
vider and any other pertinent information;
b) Proof of payment from th- Sub -Recipient to the contractor, subcontractor, and/or vendor for
invoiced services;
c) Clear identification of mount of costs being requested for reimbursement as well as costs being
applied against the I
cal match amount;
The Sub -Recipient's nal request for reimbursement shall include the final construction project cost.
Supporting docum- tation shall show that all contractors and subcontractors have been paid.
B) Deliverables
Mitigation
1290 N
wind I
resi
h
ctivities consist of providing protection to City of Miami Solid Waste Building located at
20th Street in Miami, FL 33142 by providing a new roof system capable of withstanding
ds during natural disasters. In addition, all windows and doors will be replaced by an impact
ant glazing system meeting or exceeding Miami -Dade County Code. The structure shall be
ened to the required Florida Building Code requirements.
rovided the Sub -Recipient performs in accordance with the Scope of Work outlined in this
Agreement, the Division shall reimburse the Sub -Recipient based on the percentage of overall project
completion.
PROJECT CONDITIONS AND REQUIREMENTS:
C) Engineering
1) The Sub -Recipient shall submit to the Division an official letter stating that the project is 100% comple
and ready for the Division's Final Inspection of the project.
2) The Sub -Recipient shall provide a copy of the Notice of Commencement, and any local icial
Inspection Report and/or Final approval; as applicable.
3) The Sub -Recipient shall submit all Product Specifications / Data Sheet(s) (technical tandards)
satisfying protect requirements on all products utilized.
4) The Sub -Recipient shall submit a signed and sealed final copy of the completed . oject's As -built
drawings and all necessary supporting documentation, and provide a summary of al contract scope of
work changes, if any.
5) The Sub -Recipient shall submit a certified letter of completion from Enginee of Record. The Sub -
Recipient's Engineer of Record shall provide a formal certificate or letter affi ing that the project has
been completed in conformance with the approved project drawings, specifications, scope, and
applicable codes.
6) All installations shall be done in strict compliance with the Florida :uilding Code or Miami Dade
Specifications. All materials shall be certified to exceed the wind a : impact standards of the current
local codes.
7) Product Specifications documentation satisfying protection re• irements for all products utilized shall
be provided to the Division for closeout.
8) The Sub -Recipient shall follow all applicable State, •cal and Federal Laws Regulations and
requirements, and obtain (before starting project wor and comply with all required permits and
approvals. Failure to obtain all appropriate Federal State, and Local permits and clearances may
jeopardize federal funding. Glazing in buildings sh. I be impact resistant or protected with an impact
resistant covering meeting the requirements o SSTD 12, ASTM E 1886 and ASTM E 1996,
ANSI/DASMA 115 (for garage doors and rolling .00rs) or Miami -Dade TAS 201, 202 and 203 or AAMA
506 referenced therein as follows:
a) Glazed openings located within 30 feo (9.1 m) of grade shall meet the requirements of the
Large Missile Test
b) Glazed openings located more th. 30 feet (9.1 m) above grade shall meet the provisions of
the Small Missile Test.
c) Louvers protecting intake anexhaust ventilation ducts not assumed to be open that are
located within 30 feet (9144 m) of grade shall meet requirements of the Large Missile Test.
Impact -resistant coverings all be tested at 1.5 times the design pressure (Positive or Negative)
expressed in pounds per s• are feet as determined by the Florida Building Code, Building Section1609
for which the specimen i to be tested.
9) The local municipal o ounty building department shall inspect the installation according to the
manufacture's spec cation, and ensure that the above referenced standards have been met;
documentation prf, ided to the division for closeout.
10) The materials nd work funded pursuant to this Sub grant Agreement are intended to decrease the
vulnerability . the building to property losses and are specifically not intended to provide for the safety
of inhabitss before, during or after a natural or manmade disaster.
11) The fun. ing provided by the Division under this sub grant shall compensate for the materials labor and
fees f' the hardening activities as a retrofit measure for the Sub -Recipient's buildings to reduce and/or
miti;.ate the damage that might otherwise occur from severe weather or other hazards. The funding of
t project by the Division does not confer or imply any warranty of use or suitability for the work
erformed pursuant to this agreement. The State of Florida disclaims all warranties with regard to this
mitigation project, express or implied, including but not limited to, any implied warranties and/or
conditions of satisfactory quality and fitness for a particular purpose, merchantability, or merchantable
quality.
12) This project has not been evaluated by the criteria contained in the standards of the Department of
Homeland Security, Federal Emergency Management Agency guidance manual FEMA 361-Design
and Construction for Community Shelter, and thus does not provide "near absolute protection." It
understood and agreed by the Division and the Sub -Recipient that the building may have vulnerabil. es
due to age, design and location, which may result in damage to the building from wind events -ven
after the installation of the mitigation measures funded under this Sub grant Agreement. It i urther
understood and agreed by the Division and the Sub -Recipient that the level of wind protectio •rovided
by the mitigation action, although meeting State standards and codes and enhancing t structural
integrity of the building, does not ensure the safety or survival of building occupants.
D) Environmental:
1) The Sub -Recipient shall follow all applicable state, local and federal laws regula .ns and requirements,
and obtain (before starting project work) and comply with all required permit and approvals. Failure
to obtain all appropriate federal, state, and local environmental permits and • earances may jeopardize
federal funding. If the project is delayed for a year or more after the dat of the categorical exclusion
(CATEX), then coordination with and project review by regulatory agen es must be redone.
2) If any ground disturbance activities occur during construction, the S
disturbance during construction, and if any potential archeologi
immediately cease construction in that area and notify the Divisi
-Recipient shall monitor ground
I resources are discovered, shall
and FEMA.
3) Any change addition or supplement to the approved mitigation measure or scope of work that alters
the project (including other work not funded by FEMA, but .one substantially at the same time) shall
require resubmission to the Division and FEMA for r: aluation of compliance with the National
Environmental Protection Act (NEPA) and Section 106 the National Historic Preservation Act (NHPA)
prior to initiation of any work. Non-compliance with t se requirements may jeopardize FEMA's ability
to fund this project. A change in the scope of wor shall be approved by the Division and FEMA in
advance regardless of the budget implications.
4) Construction vehicles and equipment used for is project shall be maintained in good working order to
minimize pollutant emissions.
E) Programmatic:
1) The Sub -Recipient must notify the ►, Ivision as soon as significant developments becomes known, such
as delays or adverse conditions hat might raise costs or delay completion, or favorable conditions
allowing lower costs or earlier •mpletion.
2) The Sub -Recipient must "o• ain prior written approval for any budget revision which would result in a
need for additional funds" 44 CFR 13(c)], from the Division and FEMA.
3) Project is approved wi ' the condition that the enclosed list of deliverables shall be submitted, 30-days
prior to the Period of 'performance date, for review and approval by the Division; for submittal to FEMA
for closeout.
4) Any extension o the Period of Performance shall be submitted to FEMA, 60 days prior to the expiration
date. Theref• e, any request for a Period of Performance Extension shall be in writing and submitted
along with s . •stantiation of new expiration date, and a new schedule of work, to the Division a minimum
of sevent (70) days prior to the expiration date, for Division processing to FEMA.
5) The S •-Recipient must avoid duplication of benefits between the PDM Program and any other form
of a istance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR
20%.191.
FINANCIAL CONSEQUENCES:
If the Sub -Recipient fails to comply with any term of the award, the Division shall take one or more of the
following actions, as appropriate in the circumstances:
1) Temporarily withhold cash payments pending correction of the deficiency by the Sub -Recipient;
2) Disallow all or part of the cost of the activity or action not in compliance;
3) Wholly or partly suspend or terminate the current award for the Sub -Recipient's program;
4) Withhold further awards for the program; or
5) Take other remedies that may be legally available.
BUDGET:
Funding Summary
Federal Share:
Local Share:
Total Project Cost:
Line Item Budget*
Construction/Materials
Contingency Fees
Subapplicant Management Fees
Total:
$707, 62.28 (75.00000053%)
$ 5,787.42 (24.99999947%)
$943,149.70 (100.00%)
Project Cos
$898,237.:1
0.00
$4i ,911.89
$ • 43,149.70
Federal Share Local Share
$673,678.36
$0.00
$33,683.92
$224,559.45
$0.00
$11,227.97
$707,362.28 $235,787.42
*Any line item amount in this Budget may be increased or decreased 10% or less without an
amendment to this Agreement being req ired so long as the overall amount of the funds
obligated under this Agreement is not creased.
SCHEDULE OF WORK:
Project Activation
Design
Permitting:
Construction / Installation•
Final Ins •ection/Close• t:
Total Period of Pe . rmance:
2 Months
4 Months
3 Months
6 Months
2 Months
17 Months
This is FEMA ..'oject number PDMC-PJ-04-FL-2016-006. The Period of Performance (POP) for this project
shall end on actober 31, 2024.
i "1{iit 11111E *
r.. °11
r
q
File Number: 9336
City of Miami
Resolution R-21-0323
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miarnigov.co
Final Action Date: 7/ /2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACH►. ENT(S),
ACCEPTING AND APPROPRIATING REIMBURSEMENT GRANT F . DS
FROM THE STATE OF FLORIDA'S DIVISION OF THE EMERGE Y
MANAGEMENT ("STATE") ADMINISTERING FEDERAL FUNDS
OF THE UNITED STATES FEDERAL EMERGENCY MANAG
("FEMA") IN THE INCREASED AMOUNT OF THREE HUND
THOUSAND FIVE HUNDRED TWO DOLLARS AND THIR
($391,502.13) FORA TOTAL NOT TO EXCEED AMOU
HUNDRED SEVEN THOUSAND THREE HUNDRED S
AND TWENTY EIGHT CENTS ($707,362.28) ("GRA
APPROPRIATING THE CITY OF MIAMI'S ("CITY"
AN AMOUNT NOT TO EXCEED TWO HUNDRE
SEVEN HUNDRED EIGHTY SEVEN DOLLAR
($235,787.42) ("CITY MATCH"), BOTH TO F
RETROFITTING THE CITY`S SOLID WAS
ASSOCIATED WITH MULTI -YEAR CAPI
('PROJECT"); FURTHER AUTHORIZI
NEGOTIATE AND EXECUTE A FED
GRANT AGREEMENT ("GRANT A
TO THE CITY ATTORNEY, BET
BEHALF OF FEMA AND TO N
OTHER NECESSARY DOC
EXTENSIONS, RENEWAL
AGREEMENT, ALL IN F
ORDER TO INSTITUT
ADMINISTRATION
PROJECT.
N BEHALF
ENT AGENCY
D NINETY ONE
EN CENTS
OF SEVEN
TY TWO DOLLARS
"); FURTHER
ATCHING FUNDS IN THE
THIRTY FIVE THOUSAND
AND FORTY TWO CENTS
D THE COST OF
DEPARTMENT'S BUILDING
AL PLAN PROJECT NO. 40-B183902
THE CITY MANAGER TO
LLY-FUNDED SUBAWARD AND
REEMENT"), IN A FORM ACCEPTABLE
EEN THE CITY AND THE STATE ON
OTIATE AND EXECUTE ANY AND ALL
ENTS, INCLUDING AMENDMENTS,
, AND MODIFICATIONS TO SAID GRANT
MS ACCEPTABLE TO THE CITY ATTORNEY, IN
THE ACCEPTANCE, IMPLEMENTATION, AND
SAID GRANT AND THE CITY MATCH FOR THE
WHEREAS, pu uant to Resolution No. R-18-0014 adopted on January 11, 2018, the
City Commission ac pted a Federally -funded Subaward and Grant Agreement ("Initial Grant")
between the State .f Florida's Division of Emergency Management ("State") which administered
federal funds on .ehalf of the United States Federal Emergency Management Agency ("FEMA")
and the City of iami ("City"), appropriated reimbursement grant funding in an amount not to
exceed Thre Hundred Fifteen Thousand Eight Hundred Sixty Dollars and Fifteen Cents
($315,860. ), and allocated City matching funds in an amount not to exceed One Hundred
Five Thousand Two Hundred Eighty -Six Dollars and Seventy -Two Cents ($105,286.72); and
WHEREAS, the City's Department of Solid Waste ("Department") began utilizing said
fu .s for a Pre -Disaster Mitigation Grant Program project to retrofit the Department's building
ated at 1290 Northwest 20th Street, Miami, Florida associated with Multi -Year Capital Plan
roject No. 40-B183902 ("Project"); and
City of Miami Page 1 of 3 Fite NJ: 9336 (Revision:) Printed On: 4/1912023
File ID: 9336 Enactment Number: R-21-0323
WHEREAS, the initial term of the Initial Grant expired August 30, 2024; and
WHEREAS, the Department submitted a request to the State to extend the term of the
Initial Grant; and
WHEREAS, the State has approved the extension of the term of the Initial Grant nd
increased the federal fund amount by Three Hundred Ninety -One Thousand Five Hun+ ed Two
Dollars and Thirteen Cents ($391,502.13) for a total not to exceed amount of Seven undred
Seven Thousand Three Hundred Sixty -Two Dollars and Twenty -Eight Cents ($707 62.28)
("Grant"); and
WHEREAS, due to the increase of the Grant, the required City matt g funds also
needs to increase to an amount not to exceed Two Hundred Thirty -Five T usand Seven
Hundred Eighty -Seven Dollars and Forty -Two Cents ($235,787.42) ("Cit, Match"); and
WHEREAS, the Grant funding will enable the Department's • ilding to be protected and
prepared to withstand the impact of future natural disasters; and
WHEREAS, the Grant funds from the State on behalf • FEMA shall be used solely for
costs associated with the work for the Project; and
WHEREAS, the City Match has been previously -, located and included in the City's
Multi -Year Capital Plan funding for the Project;
NOW, THEREFORE, BE IT RESOLVED B THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA,
Section 1. The recitals and findings ► • ntained in the Preamble to this Resolution are
adopted by reference and incorporated as " fully set forth in this Section.
Section 2. The City Manager i- authorized' to accept and appropriate the Grant from the
State on behalf of FEMA and to app •priate the City Match, both to fund the cost of retrofitting
the Department's Building associ. -d with the Project.
Section 3. The City M. ager is further authorized' to negotiate and execute a Grant
Agreement, in a form accep : • le to the City Attorney, between the City and the State on behalf
of FEMA and to negotiate !nd execute any and all other necessary documents, including
amendments, extension-, renewals, and modifications to said Grant Agreement, all in forms
acceptable to the City ttorney, to institute the acceptance, implementation, and administration
of the Grant and the ity Match for the Project.
Section This Resolution shall become effective immediately upon its adoption and
signature of th Mayor.2
1 The h-rein authorization is further subject to compliance with all legal requirements that may be
impo d, including but not limited to those prescribed by applicable City Charter and City Code
pro sions.
2 the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
rom the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 3 File ID: 9336 (Revision:) Printed on: 4119/2023
File ID: 9336
Enactment Number: R-21-0323
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 3 of 3 File ID: 9336 (Revision:) Printed on: 4/19/2023
Sec. 15. - City manager —Qualifications; appointment; term; salary; sickness or absence; removal.
The city manager shall be the head of the administrative branch of the city government. The city
commission shall fix the city manager's compensation, and the city manager shall serve as provided in
section 4(g). The city manager shall be chosen on the basis of the city manager's executive and
administrative qualifications. At the time of the city manager's appointment the city manager ne-d not be a
resident of the state. Neither the mayor nor any city commissioner shall be eligible for the po tion of city
manager during or within two years after the expiration of their respective terms.
The mayor, subject to the approval of the city commission, may designate a qualifi administrative
officer of the city to assume the duties and authority of the city manager during pe ods of temporary
absence or disability of the city manager.
The city manager shall be responsible for the administration of all units s the city government under the
city manager's jurisdiction, and for carrying out policies adopted by the c y commission. The city manager
or designee shall execute contracts and other instruments, sign bond- and other evidences of
indebtedness.
(Char. Amend. No. 2, 1-1-62; Res. No. 97-447, § 2, 7-3-97; Res. . 01-843, § 2, 8-9-01)
Olivera, Rosemary
From: Baez, Cindy
Sent: Thursday, June 27, 2024 10:50 AM
To: Olivera, Rosemary; Ewan, Nicole; Hannon, Todd
Subject: PDMC2016-006-Mod#5-Executed Contracts 06-26-2024
Attachments: PDMC2016-006-MOD#5-Executed Contract 06-26-2024.pdf
Hi all,
Please find attached a fully executed copy of an agreement from DocuSign that is to be
agreement for your records.
Thank you for your assistance.
Assistant To Director
City of Miami
Solid Waste Department
1290 NW 20th Street
Miami, FL 33142
(305) 960-2803
cbaez@iniamigov.com
i
nsidered an original