HomeMy WebLinkAbout24619AGREEMENT INFORMATION
AGREEMENT NUMBER
24619
NAME/TYPE OF AGREEMENT
FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT
DESCRIPTION
PROGRAM PARTICIPATION AGREEMENT/FDEM FLORIDA
RECOVERY OBLIGATION CALCULATION/FILE ID: 14801/R-23-
0452
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
10/3/2023
DATE RECEIVED FROM ISSUING
DEPT.
10/4/2023
NOTE
DOCUSIGN AGREEMENT BY EMAIL
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Fire -Rescue
DEPT. CONTACT PERSON: Tyrone McGann, AFC EXT. 954-558-5864
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "Florida Division of Emergency Management
(`FDEM')"
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO
TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES ® NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
OTHER: (PLEASE SPECIFY) FDEM F-ROC Program Participation Agreement
PURPOSE OF ITEM (BRIEF SUMMARY): Allows the City to be eligible for advance recovery funding before a disaster.
COMMISSION APPROVAL DATE: 9/28/23 FILE ID: 14801 ENACTMENT NO.: R-23-0452
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTORS
September 29,
2 iNtTT:1T4yr
SIGNATURE:
dg iFadby:
M
SUBMITTED TO RISK MANAGEMENT
September 29,
PRINT: ANN
2023 I 15:00:0
SIGNATURE:
- MEAetlSIARPE
EDT
'rAan1 i'Owt(/1
SUBMITTED TO CITY ATTORNEY
PRINT: VICTORIA MENDEZ
SIGNATURE: See attached email
APPROVAL BY ASSISTANT CITY MANAGER
PRINT:
SIGNATURE:
RECEIVED BY CITY MANAGER
September 29,
PRINT: ART
2023 I 18:17:
SIGNATURE:—
NORIEGA
,-DocuSigned by:
4T oVcia,
85OCF6C372DD42A
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
1)
ONE ORIGINAL TO CITY CLERK,
2)
ONE COPY TO CITY ATTORNEY'S OFFICE,
3) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
111111 111111
11 11 7
i OR t9
AGENDA ITEM SUMMARY FORM
File ID: #14801
Date: 09/29/2023
Commission Meeting Date: 09/28/2023
Requesting Department: City Commission
Sponsored By: Christine King
District Impacted:
Type: Resolution
Subject: Florida Division of Emergency Management FDEM - Florida Recovery Obligation
Calcuation F-ROC
Purpose of Item:
<Insert Purpose of Item Here>
Background of Item:
<Insert Background Here>
Budget Impact Analysis
Total Fiscal Impact:
Legislative Division
City Commission
Legislative Division
Maricarmen Lopez
Maricarmen Lopez
Reviewed B
Legislative Division Review Skipped 09/29/2023 11:17 AM
Meeting Completed 09/28/2023 9:00 AM
Legislative Division Review Pending
City of Miami
Legislation
Resolution
Enactment Number: R-23-0452
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14801 Final Action Date:9/28/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "2023-2025 F-ROC
PROGRAM," AUTHORIZING THE CITY MANAGER TO EXECUTE THE FLORIDA
DIVISION OF EMERGENCY MANAGEMENT'S ("FDEM") FLORIDA RECOVERY
OBLIGATION CALCULATION ("F-ROC") PROGRAM PARTICIPATION REQUEST
FORM, IN SUBSTANTIALLY THE ATTACHED FORM, BY SEPTEMBER 30, 2023, TO
OPT -IN TO THE F-ROC PROGRAM ALLOWING THE CITY OF MIAMI ("CITY") TO BE
ELIGIBLE TO RECEIVE RECOVERY FUNDING UPFONT BEFORE A DISASTROUS
WEATHER EVENT OCCURS; FURTHER AUTHORIZING THE CITY MANAGER TO
ACCEPT FUTURE FUNDING AND DESIGNATE THE CITY'S DEPARTMENT OF
FIRE -RESCUE, DIVISION OF EMERGENCY MANAGEMENT TO SATISFY ANY
PREREQUISITE CONDITIONS FOR PARTICIPATION IN THE THE F-ROC
PROGRAM AND EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO OPT IN TO THE PROGRAM
AND IMPLEMENT THE ACCEPTANCE OF SAID RECOVERY FUNDS.
<Insert Legislation Here>
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "2023-2025 F-
ROC PROGRAM," AUTHORIZING THE CITY MANAGER TO EXECUTE THE
FLORIDA DIVISION OF EMERGENCY MANAGEMENT'S ("FDEM") FLORIDA
RECOVERY OBLIGATION CALCULATION ("F-ROC") PROGRAM
PARTICIPATION REQUEST FORM, IN SUBSTANTIALLY THE ATTACHED
FORM, BY SEPTEMBER 30, 2023, TO OPT -IN TO THE F-ROC PROGRAM
ALLOWING THE CITY OF MIAMI ("CITY") TO BE ELIGIBLE TO RECEIVE
RECOVERY FUNDING UPFONT BEFORE A DISASTROUS WEATHER EVENT
OCCURS; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT
FUTURE FUNDING AND DESIGNATE THE CITY'S DEPARTMENT OF FIRE -
RESCUE, DIVISION OF EMERGENCY MANAGEMENT TO SATISFY ANY
PREREQUISITE CONDITIONS FOR PARTICIPATION IN THE THE F-ROC
PROGRAM AND EXECUTE ANY OTHER NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO OPT IN TO
THE PROGRAM AND IMPLEMENT THE ACCEPTANCE OF SAID RECOVERY
FUNDS.
SPONSOR(S): Commissioner Christine King
WHEREAS, the Florida Recovery Obligation Calculation ("F-ROC") is a new initiative,
sponsored by the Florida Division of Emergency Management ("FDEM"), that standardizes,
streamlines, and simplifies the Public Assistance Recovery process ("Program"), which is
intended to result in quicker a recovery following a disastrous event and reduced risk for
participating political subdivisions in Florida; and
WHEREAS, to participate in the F-ROC Program, FDEM requires all interested political
subdivisions to opt -in by completing and executing a Participation Request Form ("Application"),
subject to terms and conditions, by September 30, 2023; and
WHEREAS, the F-ROC Program, which is State managed and Federally supported,
allows funds for recovery based on a proactive approach, which would enable the City of Miami
("City") to financially return to normal quicker and lessens the potential impact of negative audit
findings and de -obligation of recovery funds; and
WHEREAS, as a Program participant, the City could be eligible for up to 20 percent of
recovery funds upfront for debris removal and emergency protective measures during the
remainder of the 2023 hurricane season and up to 80 percent of recovery funds upfront for
same during the 2024 hurricane season based on FDEM's point assessment of the City's
Disaster Readiness Assessment ("DRA") and completion of the Post Disaster Questionnaire
("PDQ"); and
City of Miami Page 1 of 2 File ID: (Revision:) Printed On:
File ID: Enactment Number:
WHEREAS, the ability for the City to participate in the F-ROC Program will not be
available again until 2025 if the City does not meet the September 30, 2023 deadline to submit
its Application; and
WHEREAS, in accordance with Section 2-33(f) of the City Code, the City Commission,
by a majority vote, hereby deems this Resolution to be of an emergency nature;
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 following new Special Revenue Project is established and resources are
appropriated as described below:
FUND TITLE: 2023-2025 F-ROC Program
RESOURCES: Florida Division of Emergency Management TBD
APPROPRIATIONS: City's Division of Emergency Management TBD
Section 3. The City Manager is authorized' to execute FDEM's Application by
September 30, 2023, to opt -in to the F-ROC Program allowing the City to be eligible to receive
recovery funding upfront before a disastrous weather event occurs.
Section 4. The City Manager is further authorized to accept future funding and and
designate the City's Department of Fire -Rescue, Division of Emergency Management to satisfy
any prerequisite conditions for participation in the the F-ROC Program and execute any other
necessary documents, in a form acceptable to the City Attorney, in order to opt -in to the
Program and implement the acceptance of said recovery funds.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
1 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 2 File ID: (Revision:) Printed on:
ATTEST:
By:
DocuSigned by:
Todd B. Hannon
City Clerk
DocuSigned by:
THE CITY OF MIAMI, a municipal
Corporation of the State of Florida
By:
—DocuSigned by:
argUAr Noviur.
`— 850CF6C372D D42A...
Arthur Noriega
City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS
By: See attached email
Victoria Mendez
City Attorney
REQUIREMENTS
—DocuSigned by:
Fmk t vLj
By:—27395C6318214E7...
Ann -Marie Sharpe, Director
Department of Risk Management
Counterparts and Electronic Signatures. This Agreement 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 Agreement. 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 Agreement upon request.
PARTICIPATION REQUEST FORM
FLORIDA RECOVERY OBLIGATION CALCULATION (F-ROC) PROGRAM
The City of Miami (hereinafter referred to as the "Applicant"), requests to participate in
the Florida Recovery Obligation Calculation (F-ROC) program. The F-ROC program is an initiative, sponsored by
the Florida Division of Emergency Management (hereinafter referred to as the "Division"), that assists Applicants
in identifying risk in their organization and develops a clear action plan that will abate those risks, while
standardizing and streamlining the Public Assistance process.
Applicant's name:
City of Miami
Applicant's unique entity identifier:
KJT5RFPMWTK5
Applicant's FEIN:
59-6000375
Applicant's Address:
444 SW 2nd Ave, 10th FL, Miami, FL 33130
(1) DEFINITIONS
1. Disaster Readiness Assessment (DRA): The Disaster Readiness Assessment is a questionnaire
completed prior to a disaster that evaluates the Applicant's risk of deobligations in the Public
Assistance program.
2. Post Disaster Questionnaire (PDQ): The Post Disaster Questionnaire is completed after each
Federally declared event to gather Applicant specific information regarding training and utilization
of forms.
3. Expedited Projects: Applicants may submit Expedited Projects to FEMA if they have an
immediate need for funding to continue life-saving emergency protective measures. If approved,
the Applicant will be awarded 50% of the Federal portion of the FEMA-confirmed project cost
based on initial documentation.
4. Obligated: FEMA obligates funding once a project meets Stafford Act eligibility requirements.
5. Deobligated: FEMA deobligates funding if previously obligated costs have been determined to be
ineligible under the Public Assistance program.
6. Emergency Management Accreditation Program (EMAP): A voluntary standards, assessment,
and accreditation process for disaster preparedness programs.
1
PARTICIPATION REQUEST FORM
FLORIDA RECOVERY OBLIGATION CALCULATION (F-ROC) PROGRAM
(2) CONTACT
Applicant Point of Contact:
Adrian Plasencia, Emergency Manager/Assistant Fire Chief
Telephone:
305-416-5402
Email:
aplasencia@miamigov.com
Division Point of Contact:
Recovery Bureau
Telephone:
(850) 815-4400
Email:
F-ROC@em.myflorida.com
a. In the event that different representatives or addresses are designated by either party after submittal of
this Participation Request Form, a notice of the name, address and email of the new representative will
be provided to the other party in writing via letter or electronic email.
(3) TERMS AND CONDITIONS
Upon the Applicant submitting, via electronic mail to F-ROC@em.myflorida.com, the signed Participation Request
Form for the F-ROC program and completing the mandatory Opt -In training course, the Applicant will receive the
minimum/baseline score of 20% for work completed projects and work to be completed projects.
a. Pursuant to this Participation Request Form, the initial opt -in will be for two (2) years and will only cover
large, non -expedited, Category A (Debris Removal) and Category B (Emergency Protective Measures)
projects. Annual renewal of this Participation Request Form will begin in January of the year in which
the form is set to expire.
b. To complete the participation process and receive the 20% baseline, the Applicant must:
Complete the Opt -In training course with a score of 100%; and,
ii. Submit the signed Participation Request Form.
c. If an Applicant wishes to increase their score, they can do so by completing the optional items listed
below:
Complete the Disaster Readiness Assessment (DRA) and applicable abatement
activities.
ii. Complete the Post Disaster Questionnaire (PDQ).
Utilize the Division's standardized F-ROC forms.
iv. Training (excluding the Opt -in and Leadership courses).
d. This Participation Request Form will not apply to any Expedited Projects.
e. The deadline to opt -in to the initial term of the F-ROC program, is September 30, 2023.
2
PARTICIPATION REQUEST FORM
FLORIDA RECOVERY OBLIGATION CALCULATION (F-ROC) PROGRAM
f. The implementation of the F-ROC program does not guarantee funding for Applicants. Funding will
remain dependent upon obligation by FEMA and the Applicant will be liable for repayment (See (7)
REPAYMENTS) upon deobligation by FEMA of any dispersed funds.
g.
If the Applicant seeks to "opt -out" of F-ROC, the Applicant must make a request to that effect in writing
to the Division, on their letter head and duly signed by an authorized representative of the Applicant.
h. The deadline to complete the DRA, pursuant to this Participation Request Form, is December 31, 2023.
i. The deadline to complete any abatement activities shall be March 31st of the calendar year after the
Participation Request Form or renewal has been executed.
J.
The Applicant shall have sixty (60) days from the date their County is designated under the disaster
declaration to complete the applicable PDQ. The PDQ must be completed in order to access additional
points and increase the locked -in score. If the Applicant requests an extension on completing the PDQ,
such an extension request must be made prior to the obligation of funds for it to impact the Applicant's
score and therefore, reflect upon the obligation attaching thereto.
k. The Applicant and the Division will identify the key Points of Contact (POC) respectively.
I. The Division reserves the right to remove an Applicant from the program. Furthermore, if the Division
has reason to believe that the Applicant is engaged in fraud, waste, abuse, or noncompliance of State
and/or Federal laws, the Division may impose a one (1) year prohibition upon the Applicant from
participation in the program.
m. The Applicant's failure to complete the criteria set forth in this Participation Request Form shall result
in a default to the traditional method of dispersing obligated Public Assistance funds; Meaning, the
Division will consider failure to complete the requirements as the Applicant voluntarily "opting -out" of
the program.
n. The Participation Request Form duration shall be two (2) years with annual "opt -in" renewals.
(4) PERIOD OF PERFORMANCE
This Participation Request Form survives and remains in effect after termination, for the herein referenced
State and Federal audit requirements and the referenced required records retention periods. Work may only be
performed during the timeframes established and approved by the State and/or FEMA for each Category of Work
type.
(5) FUNDING
a. Participation in the F-ROC program does not guarantee funding and is dependent upon FEMA's
obligation.
b. By signing and returning the Participation Request Form for F-ROC, Applicants have the potential to
3
PARTICIPATION REQUEST FORM
FLORIDA RECOVERY OBLIGATION CALCULATION (F-ROC) PROGRAM
receive a score up to 80%. This score is made up of three components:
1. 20% Baseline score for signing and returning the Request Form.
2. Up to a 40% score for completing the DRA.
3. Up to a 20% score for completing the PDQ.
c. Applicants who have received EMAP accreditation will receive an additional 5%.
d. The Applicant's score directly corresponds to the percent of the eligible obligated amount that will be
dispersed to the Applicant upon obligation of the Public Assistance project. After validation of all
supporting documentation is complete, the Applicant will receive the remainder of the validated,
obligated amount.
e. If the Applicant has any open receivables with the Division, those receivables must be satisfied before
any disbursements are made through the F-ROC program.
(6) PAYMENT
a. The payment method used by the Division is either a Cost Reimbursement or an Advance Payment.
Advance payments will be governed by chapter 216, Florida Statutes.
b. The Division's Grant Manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile
and verify all funds received against all funds expended during the agreement period and produce a
final reconciliation report. The final report must identify any funds paid in excess of the expenditures
incurred by the Applicant.
(7) REPAYMENTS
a. Refunds or repayments of obligated funds may be paid to the Division via offset with another obligated
Public Assistance project, check or a payment plan, as approved by the Department of Financial
Services.
b. All refund or repayments due to the Division under this Agreement are to be made payable to the order
of "Florida Division of Emergency Management" and must include the invoice number and the
applicable Disaster and Project number(s) that are the subject of the invoice, and be mailed directly to
the following address:
Florida Division of Emergency Management Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
This Participation Request Form shall terminate upon the expiration date of May 31, 2025, unless the
Applicant renews annually. The Division reserves the right to remove an Applicant from the program. The Division
and Applicant agree that all records will be maintained until the conclusion of all applicable record retention
4
PARTICIPATION REQUEST FORM
FLORIDA RECOVERY OBLIGATION CALCULATION (F-ROC) PROGRAM
periods.
IN WITNESS WHEREOF, the Applicant hereto has executed this Participation Request Form.
Applicant:
By:
Name:
Title:
Date:
City of Miami
rrr
DocuSigned by:
Nbri4a.
Q6rCCC72D 2A...
(Signature)
Arthur Noriega
City Manager
September 29, 2023
From: Perez, Juan <jperez@miami-police.org>
Sent: Friday, September 29, 2023 4:48:04 PM
To: Fernandez-Stiers, Melissa <mfstiers@miamigov.com>; Noriega, Art <anoriega@miamigov.com>;
McGann, Tyrone <TMcGann@miamigov.com>; Martinez, Maria <MMartinez@miamigov.com>; Garcia,
Aida <AidaGarcia@miamigov.com>; Alban, Xavier E. <XEAlban@miamigov.com>; Gomez, Marta
<martagomez@miamigov.com>; Perez, Juan- Police <jperez@miami-police.org>
Subject: Fwd: **URGENT** Complete with DocuSign: F-ROC Participation Request.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 Afternoon Melissa,
This pertains to the Pocket Item that was adopted yesterday. The document is
a standardized Participation Request form created by the Florida Dept of Emergency Management and
required for the City to opt -in to the F-ROC program. Deadline to submit is tomorrow; it can not be
revised with additional terms so that it's uniform with all other city/county governments that opt -in. It
reads like a barebones agreement but the document references the City as 'Applicant' and merely lays
out the program's prerequisites to participate, requirements once we've opted -in, parameters to
receive funds and de-allocation/repayments. City can opt -out whenever by submitting request for same
on City's letterhead. Only requires the City Manager to sign (City's DEM should have completed blank
spaces in application); there is no signature line for FDEM.
(Do not use the DocuSign link below to sign; Chief McGann should be sending new DocuSign link to
Manager)
Juan C. Perez
Senior Assistant City Attorney / Police Legal Advisor
City of Miami
Office of the City Attorney
Telephone: (305)603-6110
jperez@miami-police.org
Olivera, Rosemary
From: Martinez, Maria
Sent: Wednesday, October 4, 2023 7:13 AM
To: Olivera, Rosemary; Hannon, Todd; Lee, Denise
Cc: McGann, Tyrone; Guerra, Jose
Subject: F_DEM FROC Program Participation (Pocket Item)
Attachments: F-DEM FROC Program Participation.pdf
Good morning Rosemary,
Please find attached a fully executed agreement that is to be retained as an original for the City.
Regards,
Maria T. !Martinez
Administrative Assistant I
Department of Fire -fescue
Technical -Services Division
305.416.1672 (Office)
305.400.5316 (FaN)
mmartinez@miamigov.com
i