2000-24192 RESO
RESOLUTION NO.
2000-24192
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
SUBMIT AN APPLICATION TO THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS, FOR EIGHT EMERGENCY MANAGEMENT PREPARDENESS AND
ASSISTANCE TRUFT FUND GRANTS, TO ENHANCE THE GOALS OF THE CITY'S
LOCAL MITIGATION STRATEGIES, WHILE LEVERAGING EXISTING GENERAL
OBLIGATION BOND DOLLARS AND UTILIZING DEPARTMENTAL REVENUES AS
MATCHING FUNDS, AND TO APPROPRIATE THE FUNDS, IF AWARDED.
WHEREAS, the Deparnnent of Community Affairs (DCA) was created by the Florida
Legislature to address many of the needs associated with the growth of the State's population, while
adequately managing the State's resources and preserving the quality of life of all Floridians; and
WHEREAS, the Division of Emergency Management within the Department of Community
Affairs is responsible for maintaining a comprehensive statewide program of emergency management, and
is responsible for the coordination of efforts between the Federal Government and other departments and
agencies of the State government, with county and municipal governments and school boards, and with
private agencies that have a role in emergency management, and is further responsible for administering
the Emergency Management Preparedness and Assistance Trust Fund; and
WHEREAS, the Emergency Management Preparedness and Assistance Trust Fund was
established by the Florida Legislature (Section 252.372, Florida Statutes) in order to provide funds for
emergency management, preparedness, and assistance in an effort to mitigate the potential hazards as a
result of a disastrous event; and
WHEREAS, the Department of Community Affairs, Division of Emergency Management has
issued a Notice of Funding Availability (NOFA), seeking proposals for the released funds from the
Emergency Management Preparedness and Assistance Fund in both fiscal year 2000-200 I and fiscal year
2001-2002; and
WHEREAS, the NOFA releases funds for grant awards, as follows: $3,475,030 for the
Emergency Management Competitive Grant fiscal year 2000-2001, $3475,030 for the Emergency
Management Competitive Grant fiscal year 2001-2002 and $1,251,010 for the Municipal Competitive
Grant Program fiscal year 2000-2001, and $1,251,010 for the Municipal Competitive Grant fiscal year
2001-2002; and
WHEREAS, the rules governing the release of the funds allow each applicant to apply for a total
of eight grants, three per fiscal year for the Emergency Management Competitive Grant and two per fiscal
year for the Municipal Competitive Grant; and
WHEREAS, the City of Miami Beach has identified eight proposed projects that would further
the City's Local Mitigation Strategy; and
WHEREAS, the City will be using matching funds from select department budgets as matches
and utilizing existing General Obligation funds, leveraging these appropriated funds in an effort to
maximize funding to mitigate potential hazards to the well-being of its residents; and
WHEREAS, the City of Miami Beach will be applying for a grant in the amount of $50,000
dollars to prepare a public service armouncement educating the City's residents of potential threats; and
WHEREAS, a grant of approximately $50,000 dollars will be submitted to conduct an
engineering study of the Miami Beach Convention Center to determine the feasibility of having the facility
retrofitted to provide post-disaster sheltering; and
WHEREAS, a grant in the amount of $300,000 dollars would be submitted to contract with a
engineering firm to conduct a feasibility study to detennine the possibility of creating a Emergency
Operation Center for the City of Miami Beach, the City would use $2,277,000 from the General
Obligation Bond as a match; and
WHEREAS, the City of Miami Beach Fire Department in cooperation with the City Police
Department has identified $50,000 dollars from their Administrative budgets to leverage a request for an
additional $150,000 dollars to purchase a back-up communication system for the City of Miami Beach;
and
WHEREAS, the City will apply for a grant in the amount of $200,000 dollars to provide storm
shutters for select City facilities; and
WHEREAS, emergency response equipment is needed to conduct post-disaster surveying and
other services related to emergency management, a grant in the amount of $200,000 will be submitted; and
WHEREAS, an additional grant in the amount of $300,000 will be submitted to reinforce the Fire
Station 2 facility to provided emergency personnel shelter and a reinforced storage facility needed to store
emergency response equipment; and
WHEREAS, the City is exploring the possibility of providing potable water using a reverse
osmosis system in the event of a loss of drinking water, the City will seek $250,000 for the Department of
Community Affairs to provide, . additional resources to the implementation of this system.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the City Manager, or his
designee, is hereby authorized to submit an application to the Florida Department of Community Affairs
for eight Emergency Management Preparedness and Assistance Trust Fund Grants as herein described, to
enhance the goals of the City's Local Mitigation Strategies, while leveraging existing General Obligation
Bond dollars and utilizing departmental revenues as matching funds, and to appropriate the funds, if
awarded for the purposes herein described.
PASSED AND ADOPrEO THIS ,.. d" ofNo_"" "#1
MAYOR
]1:~~ ~~~
CITY CLERK
APPROVED AS TO
FORM & lANGUAGE
& FOR EXeCUTION
1t ~ /1-/(,-(jO
!tv NtorntI1/ t:>r bClle
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f).us
COMMISSION MEMORADUM NO...3 0 ~ - ()O
TO:
Mayor Neisen O. Kasdin and
Members oftbe City Commission
DATE:
November 28, 2000
FROM:
Jorge M. Gonzalez \ ~
City Manager J . V
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER, OR HIS DESIGNEE, TO SUBMIT AN
APPLICATION TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, FOR EIGHT EMERGENCY
MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST
FUND GRANTS, TO ENHANCE THE GOALS OF THE CITY'S
LOCAL MITIGATION STRATEGIES, WHILE LEVERAGING
EXISTING GENERAL OBLIGATION BOND DOLLARS AND
UTILIZING DEPARTMENTAL REVENUES AS MATCHING
FUNDS, AND TO APPROPRIATE THE FUNDS, IF AWARDED.
SUBJECT:
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
Following the destruction of Hurricane Andrew in 1992, Governor Chiles empanelled the
Lewis Commission to study the emergency preparedness capabilities of the State. After
an extensive review of the State's emergency management procedures, the Lewis
Commission made over one hundred and thirty-four recommendations to the State
Legislature. One of these recommendations called for the Legislature to establish an
Emergency Management Preparedness and Assistance Trust Fund. In its original form,
the Lewis Commission's express purpose for the fund was: "Monies from the trust fund
should be used to improve state and county emergency preparedness and recovery
programs and facilities. They should supplement, not replace, existing federal, state, and
local funds used for emergency management."
AGENDA ITEM Q.U
DATE 11-'2..~-o"O
In 1994, the Legislature acted on many of the recommendations made by the Lewis
Commission. One of the bills passed by the Florida Legislature, and later signed by the
Governor, called for an annual $2.00 per policy assessment on homeowners insurance
policy and an annual $4.00 per policy assessment on business/commercial insurance
policies. This bill created the Emergency Management Preparedness and Assistance
Trust Fund and declared the Department of Community Affairs as the administrator of
the fund.
In its first three years, the fund accumulated resources to build a reserve prior to the first
set of expenditures. Once the fund balance reached a significant level, funding was
distributed into five budget categories of which two were directly related to grant
opportunities.
In its first year of appropriation, $850,000 was released for grants in which municipalities
were only allowed to apply and $2.3 million dollars was allocated for an open
competitive grant program. Since that time, two permanent grant programs were
established. The first program, "Municipal Competitive Grant Program" provides
competitive grants to municipalities in the State to apply for one grant per fiscal year, not
to exceed $50,000. The second program: "Emergency Management Competitive Grant,"
provides competitive grants to state or regional agencies, local agencies and private non-
profit organizations, to request up to $300,000 per project for no more than 3 projects for
any given fiscal year.
In mid-October, the Department of Community Affairs released a Notice of Funding
Availability. The notice encouraged all eligible parties with projects that enhance the
emergency management capabilities within the State of Florida to apply for awards. In
the same notice, the Department of Community Affairs also announced that funds for
fiscal year 2000-2001 and 2001-2002 would be released in this unique one-time grant
cycle.
The City of Miami Beach has identified eight projects that would enhance the City's
Local Mitigation Strategy while expanding the City's emergency management
capabilities. To this end, the Administration has prepared applications for eight
Emergency Preparedness and Assistance Grants using identified G.O. Bond dollars as a
match, and utilizing identified Administrative budget resources as potential matches.
The projects identified by the Administration are listed below:
Project One: Fundin~ cycle 2000-2001 Municipal Competitive Grant- $50.000 fundinl:
!<alL.
The City of Miami Beach will contract with a local vendor to create a Public Service
Announcement (PSA) that addresses the potential risks involved in pre- and post-
disasters. The PSA would focus on the elderly and high-rise residential communities. A
high impact model would also be engineered for the public service announcement and,
potentially, for future training.
Project Two: Funding cycle 2001-2002 Municipal Competitive Grant- $50.000 funding
s;an.
The City will contract with a local engineering firm to conduct a study to explore the
feasibility of retrofitting a section of the City of Miami Beach Convention Center for a
potential post disaster shelter. The proposed shelter would serve the residents that failed
to evacuate at the time of a mandatory evacuation order and, subsequently, were left
without shelter in the recovery phase.
Project Three: Funding Cycle 2000-2001 Open Competitive Grant- $300.000 funding
s;an.
The allocation of General Obligation Bond dollars has afforded the City with a unique
opportunity of creating a true Emergency Operation Center for the City of Miami Beach.
The City has approved approximately $5,000,000 from the GO Bond program for the
construction of a new facility for the Public Works Yard. This facility could potentially
be designed to also serve as an Emergency Operation Center during emergencies.
However, additional resources are needed to conduct a program study to determine
whether an Emergency Operation Center can be accommodated at the facility. A grant in
the amount of approximately $50,000 will be requested to conduct the study.
Project Four: Funding Cycle 2000-200 I Open Competitive Grant- $300.000 funding cap.
The City of Miami Beach Police and Fire Departments use a communication system that
can become umeliable in the event of lost power or loss of radio frequency. The City
seeks $150,000 to purchase a portable communication relay system. The system will
serve as a backup in the event the main communication system fails. Currently, in case
of a city-wide communication failure, the City is 100% dependent on the County's
communication system. This dependency reduces the City's response capabilities to only
critical emergency calls.
Project Five: Funding cycle 2001-2002 Open Competitive Grant- $300.000 funding cap.
The Federal Emergency Management Agency has provided funding for storm shutters,
but this funding does not adequately provide for all of the City's needs. Additional
resources are needed to protect and reduce damage to the remaining municipal facilities.
The Administration has identified City facilities that require additional resources for
storm shutters and a grant for the shutters will be submitted.
Project Six: Funding cycle 2000-2001 Open Competitive Grant- $300 000 funding cap.
In the recovery phase of all damaging storms, damage assessment is conducted by City
staff and is coordinated with County and Federal authorities. A grant request will be
submitted for the purchase of additional new equipment to enhance the recovery process
and damage assessment. The Fire Department has identified a series of hand held tools
needed to fulfill their primary objective. Tools that have been identified may include,
sliding ladders, hand held cameras, and survival backs.
Project Seven: Fundin~ cycle 2001-2002 Open Competitive Grant- $300.000 fundin~
It.a1l..
The City will submit a grant to harden and reinforce Fire Station #2 to provide storage
capability emergency management equipment and house emergency essential personnel.
Project Eight: Funding cycle 2001-2002 Open Competitive Grant- $300.000 cap.
Potable drinking water is a high priority when a disaster threatens. Currently, the Parks
Department has identified a program that can treat ground table water as well as sea
water. The City will seek funding to secure the proper equipment to provide potable
water from either ground table or seawater to provide clean drinking water after a storm,
if needed.
JMG/C~/MDB/ad
T:\AGENDA\1:000\Nov1goD\REGULAR\DCAGRANTCOMMEMO.doe
Agreement Number: O'CP-04-11-23-02-221
STATE FUNDED GRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and the City of Miami Beach, (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
WHEREAS, the Department is authorized, pursuant to Section 252.373, Florida Statutes.
and Rule Chapter 9G-19, Florida Administrative Code. to disburse funds for emergency
management grants to eligible recipients; and
WHEREAS, the Recipient has been awarded funds under the above-referenced
authorities after completion of the competitive awards process; and
WHpREAS, Recipient agrees to comply with all the requirements applicable to said
award, as supplemented by the terms and conditions in this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
I. SCOPE OF WORK AND FUNDING
The Recipient shall undertake and fully perform the scope of work identified in its
application for the competitive grant award, in accordance with the Scope of Work
included as Attachment A of this Agreement. Funding up to $50,000 shall be provided
on a reimbursement basis, in accordance with the budget to be submitted by Recipient
pursuant to the requirement in Attachment A. For any advance payment, refer to
Attachment F for additional terms and conditions. All terms and conditions set forth in
Attachment F are incorporated as if set out fully herein.
II. INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
.......
~
N Both the Recipient and the Department shall be governed by applicable State and Federal
'::' laws, rules and regulations, including, but not limited to, those identified in Attachment B
N . .
of this Agreement.
::c ...J
CL <t
u
(f)
~ ~
-':::
:';'.:
~,
:::
lLl
t..~'1
D'~
w-":~
><,[
G:.J::
C"~~
ld(...)
a:: " .-;
Vl
( "~
I,')
o
1
",:',-
L...J.
III. PERIOD OF AGREEMENT
This Agreement shall begin on July 1,2001 and shall end June 30, 2002, unless
terminated earlier in accordance with the provisions of Paragraphs VII. or
IX. or XIV. of this Agreement. Final requests for reimbursement shall be submitted no
later than thirty (30) days after the termination date of the Agreement. Any requests
received after August 15,2002, may, in the discretion of the Department, not be
reimbursed from this Agreement. Reimbursement requests shall not be submitted by
facsimile transmission.
IV . MODIFICATION OF AGREEMENT: REPAYMENTS
Either party may request modification of the provisions of this Agreement. Changes
which are mutually agreed upon shall be valid only when reduced to writing, duly signed
by each of the parties hereto, and attached to the original of this Agreement.
All refunds or repayments to be made to the department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to
the department at the following address;
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
V. MONITORING
The Recipient shall constantly monitor its performance under this Agreement to ensure
that time schedules are being met, the Budget and Scope of Work are being accomplished
within specified time periods, and other performance goals are being achieved. Such
review shall be made for each function, or activity set forth in Attachment A to this
Agreement, and shall be reported in accordance with the reporting requirements of
Attachment D.
VI. LIAJBILIT'{
A. Except as otherwise provided in subparagraph (B) below, the Recipient shall be
solely responsible to parties with whom it shall deal in carrying out the terms of
this Agreement, and shall save the Department harmless against all claims of
whatever nature by third parties arising out of the performance of work under this
2
Agreement. For purposes of this Agreement, Recipient agrees that it is not an
employee or agent of the Department, but is an independent contractor.
B. Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Florida Statutes, agrees to be fully responsible for its negligent acts or omissions
or tortious acts which result in claims or suits against the Department, and agrees
to be liable for any damages proximately caused by said acts or omissions.
Nothing herein is intended to serve as a waiver of sovereign immunity by any
Recipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be
sued by third parties in any matter arising out of any contract.
VII. NONCOMPLIANCE. DEFAULT. REMEDIES. AND TERMINATION
A. If the Recipient fails to comply with any term applicable to an award under Rule
Chapter 9G-19 F .A.C., or this Agreement, the Department may take one or more
of the following actions, as indicated by the attendant circumstances:
I. temporarily withhold cash payments, pending correction of the deficiency,
or withhold the final I 0 percent of the grant award until the final work
product is completed, submitted and determined to be acceptable by the
Department;
2. disallow all or part of the cost of the activity or action not in compliance;
3. suspend or terminate the award;
4. disallow future participation in the program or funding provided under this
rule chapter;
5. recover all funds provided under the current award.
B. Costs of the Recipient resulting from obligations incurred by the Recipient during
suspension or after termination of an award are not allowable unless the
Department expressly authorizes them in the notice of suspension or termination,
or subsequently authorizes them in writing. Other Recipient costs during
suspension or after termination which are necessary and not reasonably avoidable
may be allowable if:
I. the costs result from obligations which were properly incurred by the
Recipient before the effectiVe date of the suspension or termination, are
not in anticipation of the suspension or termination, and, in the case of
termination, are not cancelable, and
3
2. the costs would be allowable if the award were not suspended or expired
normally at the end of the period in which the termination occurs.
C.' Recipient of terminated grants shall remain obligated to provide all required
closeout information.
D. If the necessary funds are not available to fund this Agreement as a result of
action by Congress, the state Legislature, the Office of the Comptroller or the
Office of Management and Budgeting, or if any of the following events occur
("Events of Default"), all obligations on the part of the Department to make any
further payment of funds hereunder shall, if the Department so elects, terminate
and the Department may, at its option, exercise any of its remedies set forth
herein, but the Department may make any payments or parts of payments after the
happening of any Events of Default without thereby waiving the right to exercise
such remedies, and without becoming liable to make any further payment:
1. If any warranty or representation made b~r the Recipient in this Agreement
or any previous Agreement with the Department shall at any time be false
or misleading in any respect, or if the Recipient shall fail to keep, observe
or perform any of the terms or covenants contained in this Agreement or
any previous Agreement with the Department and has not cured such in
timely fashion, or is unable or unwilling to meet its obligations thereunder;
2. If any material adverse change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement from the financial
condition revealed in any reports filed or to be filed with the Department,
and the Recipient fails to cure said material adverse change within thirty
(30) days from the time the date written notice is sent by the Department.
3. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or
insufficient information;
4. If the Recipient has failed to perform and complete in timely fashion any
of the services required under the Budget and Scope of Work attached
hereto as Attachment A.
E. Upon the happening of an Event of Default, then the Department may, at its
option, upon written notice to the Recipient and upon the Recipient's failure to
timely cure, exercise anyone or more of the following remedies, either
concurrently or consecutively, and the pursuit of anyone of the following
remedies shall not preclude the Department from pursuing any other remedies
contained herein or otherwise provided at law or in equity:
4
I. Terminate this Agreement, provided that the Recipient is given at least
thirty (30) days prior written notice of such termination. The notice shall
be effective when placed in the United States mail, first class mail, postage
prepaid, by registered or certified mail-return receipt requested, to the
address set forth in paragraph (10) herein;
2. Commence an appropriate legal or equitable action to enforce performance
of this Agreement;
3, Withhold or suspend payment of all or any part of a request for payment;
4. Exercise any corrective or remedial actions, to include but not be limited
to, requesting additional information from the Recipient to determine the
reasons for or the extent of non-compliance or lack of performance,
issuing a written waming to advise that more serious measures may be
taken if the situation is not corrected, advising the Recipient to suspend,
discontinue or refrain from incurring costs for any act;.vities in question or
requiring the Recipient to reimburse the Department for the amotmt of
costs incurred for any items determined to be ineligible;
S. Exercise any other rights or remedies which may be otherwise available
tmder law;
F. The Department may terminate this Agreement for cause upon such written notice
as is reasonable tmder the circumstances. Cause shall include, but not be limited
to, misuse of funds; fraud; lack of compliance with applicable rules, laws and
regulations; failure to perform in a timely manner; and refusal by the Recipient to
permit public access to any document, paper, letter, or other material subject to
disclosure tmder Chapter 119, Fla. Stat., as amended.
G. Suspension or termination constitutes final agency action tmder Chapter 120, Fla.
Stat., as amended. Notification of suspension or termination shall include notice
of administrative hearing rights and time frames.
H. The Recipient shall return funds to the Department if fotmd in non-compliance
with laws, rules, regulations governing the use of the funds or this Agreement.
l. This Agreement may be terminated by the written mutual consent of the parties.
J. Notwithstanding the above, the Recipient shall not be relieved ofliability to the
Department by virtue of any breach of Agreement by the Recipient. The
Department may, to the extent authorized by law, withhold any payments to the
Recipient for purpose of set-off tmtil such time as the exact amotmt of damages
due the Department from the Recipient is determined.
5
VIII. NOTICE AND CONTACT
All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative
identified below at the address set forth below and said notification attached to the
original of this Agreement.
A. The Department designates Edgar W. Gonesh, Manager, Emergency Management
Preparedness and Assistance Program, Division of Emergency Management, as
the Department's Contract Manager. All communications, written or oral, relating
to this Agreement shall be directed to him at the following address:
Department of Community Affairs
Division of Emergency Management
255; Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
B. For the Recipient, all communications, written or oral, relating to this Agreement
shall be directed to the following:
Recipient's Contract Manager's Name and Address:
Alexander Diaz
-1700 Convention Center Drive -
- Miami beach, Florida 33136 -
305-673-7260
C. In the event that different representatives are designated by either party after
execution of this Agreement, notice of the name, title and address of the new
representative will be rendered as provided in Paragraph Vlll. A and B above.
IX. OTHER PROVISIONS
A. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the
Recipient, in this Agreement, in any subsequent submission or response to
Department request, or in any submission or response to fulfill the requirements
of this Agreement, and such information, representations, and materials are
incorporated by reference. The lack of accuracy thereof or any material changes
shall, at the option of the Department and with thirty (30) days written notice to
the Recipient, cause the termination of this Agreement and the release of the
Department from all its obligations to the Recipient.
6
B. The Recipient agrees to comply with the Americans With Disabilities Act (public
Law 101-336,42 V.S.C. Section 12101 et seq.), if applicable, which prohibits
discrimination by public and private entities on the basis of disability in the areas
of employment, public accommodations, transportation, State and local
government services, and in telecommunications
C. 1bis Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall lie in Leon County. If
any provision hereof is in conflict with any applicable statute or rule, or is
otherwise unenforceable, then such provision shall be deemed null and void to
the extent of such conflict or unenforceability, and shall be deemed severable, but
shall not invalidate any other provision of this Agreement.
D. With respect to any Recipient which is not a local government or state agency,
and which receives funds under this Agreement from the federal government, the
Recipient certifies, to the best of its knowledge and belief, that it and its
. principals:
I. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal
department or agency;
2. have not, within a three-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local)
transaction or contract under public transaction; violation of federal or
state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any
offenses enumerated in paragraph I 1 (g)2. of this certification; and
4. have not within a three-year period preceding this Agreement had one or
more public transactions (federal, state or local) tenninated for cause or
default.
Where the Recipient is unable to certify to any of the statements in this certification,
such Recipient shall attach an explanation to this Agreement.
7
E. No waiver by the Department of any right or remedy granted hereunder or failure
to insist on strict performance by the Recipient shall affect or extend or act as a
waiver of any other right or remedy of the Department hereunder, or affect the
subsequent exercise of the same right or remedy by the Department for any further
or subsequent default by the Recipient. Any power of approval or disapproval
granted to the Department under the terms of this Agreement shall survive the
terms and life ofthis Agreement as a whole.
F. More than one copy of this Agreement may be executed. Any copy with original
signatures may be considered an original.
x. AUDIT REOUlREMENTS
A. The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accountil1g principles, to account for the
receipt and expenditure of funds under this Agreement.
B. These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department.
"Reasonable" shall be construed according to circumstances, but ordinarily shall
mean normal business hours of8:00 a.m. to 5:00 p.m., local time, Monday
through Friday.
c. The Recipient shall also provide the Department with the records, reports or
financial statements upon request for the purposes of auditing and monitoring the
funds awarded under this Agreement.
D. In the event that the Recipient expends State awards (i.e., State of Florida
financial assistance provided to Recipient to carry out a State project) from all
state government sources equal to or in excess of $300,000 in total in any fiscal
year of such Recipient, the Recipient must have a State single or project-specific
audit for such fiscal year in accordance with Section 216.3491, Florida Statutes
and with applicable roles of the Executive Office of the Governor and the
Comptroller, and Chapter 10.600, Rules of the Auditor General.
See Attachment G for further audit requirements.
8
XI. SUBCONTRACTS AND PROCUREMENT
A. If the Recipient subcontracts any or all of the work required under this Agreement,
the Recipient agrees to include in the subcontract that the subcontractor is bound
by the terms and conditions of this Agreement with the Department.
B. The Recipient agrees to include in the subcontract that the subcontractor shall
hold the Department and Recipient harmless against all claims of whatever nature
arising out of the subcontractor's performance of work under this Agreement, to
the extent allowed and required by law.
See Attachment E for any additional terms and conditions pertaining to subcontracts.
XII. TERMS AND CONDITIONS
The Agreement contains all the terms and conditions agreed upon by the parties.
XIII. A IT ACHMENTS
A. All attachments to this Agreement are incorporated as if set out fully herein.
B. In the event of any inconsistencies or conflict between the langUage of this
Agreement and the attachments hereto, the language of such attachments shall be
controlling, but only to the extent of such conflict or inconsistency.
XIV. STANDARD CONDITIONS
The Recipient agrees to be bound by the following standard conditions:
A. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any
modification in accordance with Chapter 216, Florida Statutes.
B. If otherwise allowed under this Agreement, extension of an Agreement for
contractual services shall be granted by a letter from the Department. This letter
will state the new expiration date, and is to be signed by the Director of the
Division of Emergency Management (or his designee). The extension period is
not to exceed six (6) months and shall be subject to the same terms and conditions
set forth in the initial Agreement. There shall be only one extension of the
Agreement unless the failure to meet the criteria set forth in the Agreement for
completion of the Agreement is due to events beyond the control of the Recipient.
9
C. All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient fo~ a proper preaudit and postaudit thereof.
D. If otherwise allowed under this Agreement, all bills for any travel expenses shall
be submitted in accordance with s. 112.061, Florida Statutes.
E. The Department reserves the right to unilaterally cancel this Agreement for refusal
by the Recipient to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the Recipient in conjunction with the Agreement.
F. The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a
violation of the employment provisions contained in 8 U.S.C. Section 1324a(e)
[Section 274A(e) of the Immigration and Nationality Act ("INA")]. The
Department shall consider the employment by any contractor of unauthorized
aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient
of the employment provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral cancellation of this Agreement by the Department.
G. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or a public work,
may not submit bids on leases of real property to a public entity , may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with a public entity, and may not transact business with any
public entity in excess of Category Two for a period of 36 months from the date
of being placed on the convicted vendor list.
XV. STATE LOBBYING PROHIBITION
No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official
action by the Florida Legislature or any state Department.
XVI. LEGAL AUTHORIZATION
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its
governing body has authorized, by resolution or otherwise, the execution and acceptance
of this Agreement with all covenants and assurances contained herein. The Recipient
10
also certifies that the undersigned possesses the authority to legally execute and bind
Recipient to the terms of this Agreement.
XVII. EOUlPMENT AND PROPERTY MANAGEMENT
If the Scope of Work contemplates the acquisition of equipment, then Recipient agrees
to use said equipment for emergency management purposes only, and to properly
maintain and repair said equipment. Recipient shall establish adequate maintenance
procedures to keep the equipment in proper working condition. Recipient shall
establish a control system to insure adequate safeguards to prevent loss, damage or
theft of the equipment. Recipient shall promptly advise the Department of any loss,
damage or theft affecting said equipment. Recipient shall make this equipment
available to the Local Emergency Management Agency established pursuant to Section
252.38, Florida Statutes, and to the State of Florida, upon request, in the event said
equipment is needed for emergency management purposes. Recipient shall not sell,
lease, rent, lend, encumber or dispose of said equipment without the written
permission of the Department.
XVIII. COPYRIGHT. PATENT AND TRADEMARK
A. If the Recipient brings to the performance of this Agreement a pre-existing patent
or copyright, the Recipient shall retain all rights and entitlements to that
pre-existing patent or copyright unless the Agreement provides otherwise.
B. If any discovery or invention arises or is developed in the course of or as a result
of work or services performed under this Agreement, or in any way connected
herewith, the Recipient shall refer the discovery or invention to the Department
for a determination whether patent protection will be sought in the name of the
State of Florida. Any and all patent rights accruing under or in connection with
the performance of this Agreement are hereby reserved to the State of Florida. In
the event that any books, manuals, films, or other copyrightable material are
produced, the Recipient shall notifY the Department. Any and all copyrights
accruing under or in connection with the performance under this Agreement are
hereby reserved to the State of Florida.
C. Within thirty (30) days of execution of this Agreement, the Recipient shall
disclose all intellectual properties relevant to the performance of this Agreement
which he or she knows or should know could give rise to a patent or copyright.
The Recipient shall retain all rights and entitlements to any pre-existing
intellectual property which is so disclosed. Failure to disclose will indicate that
no such property exists. The Department shall then, under Paragraph B., have the
right to all patents and copyrights which occur during performance of the
11
Agreement. Recipient shall be granted a royalty-free nonexclusive license to use
patented or copyrighted material for research or educational purposes.
XIX. PUBLICATIONS AND PUBLICITY
Recipient shall, in publicizing, advertising, or describing the project, state: "Sponsored
by the State of Florida, Division of Emergency Management." If the project is displayed
or referenced in written material, the words "State of Florida, Division of Emergency
Management" shall appear in the same size letters or type as the name of the Recipient.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their undersigned officials as duly authorized.
-
RECIPIENT: CITY OF MIAMI 'BEACH
BY:~MO ~~
Name and Title: J.~~~ GO"'~A1'I"i:_ C~ /-{tUA8~
Date: r:;:/?- 5/0 I
Federal Employer l.D. 5 r - (;;00037 Z
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY: kv1S-j;1
Name and Title: Joseph F. Mvers. Director
G 17 ))..ocJ I
I I
Date:
APPROVED AS TO
FORM. LANGUAGE
. FOR EXECUTION
A II m,(L j L-. t" _ t>) -d I
~~
12
Attachment A
SCOPE OF WORK
The information and representations contained in the grant application submitted ro the
Department by the Recipient and evaluated pursuant to Rule Chapter 9G-19, Florida
Administrative Codg, are hereby incorporated by reference into this A[lreement.
Within thirty days ofthe date of execution of this Agreement, Recipient will supply a
document which includes an activities timeline, a list of deliverablc~, and a revised budget,
for the approval oftbe Dcpartmcnt. This document will address, with particularity and
appropriate discussion, each task necessary to complete the prGjcct identified in Recipient's
applicatioD for grant funding.
The revised budget portion of this document must be consistent ill format with the budget
proposed in the original project application. It must not consist of new line item expenditures,
but will indicate whether the cost of the line items detailed in the original budget have increased
or decreased from the original information. Any proposed ieviations from the original budget
may not exceed 5% (increase or decrease) of the originally approved amounts in the expenditure
categories affected. The total amount of grant money budgeted may not exceed the amount
authorized in the Agreement.
Failure to supply the above-referenced docwnent, or disapproval of this document by the
Department, will result in the denial of funding.
lfthe Recipient succeeds in acquiring products or services for less than the budgeted amount,
then it must notify the Department and request authorization to apply the unexpended funds to
the project, identifying the proposed use for the unexpended funds. If the unexpended funds can
be applied to enhance the project through acquisition of additional equipment or services which
will provide the same benefit as the approved project, then the Department may approve the use
of the unexpended funds.
II
I
The Recipient will purchase the following items as outlined in the grant application for their
Emergency Response Team and Landfall Team:
1) 100 heavy duty packs
2) 100 sleeping pads
3) 100 stuffsacks
4) 100 nylon sleeping liners
5) 100 portable stairwe1\ lights
6) 25 stairwell stretchers
7) 100 flashlights
8) 100 medical kits
9) 1000 meals ready to eat and
10) 25 search and rescue tool cache
i
I
i
I
The Recipient will provide a cash match of$3,394 or 3.7% of the total project cost and an in.
kind match ofS38,283 or 41.&0;. of the tota) project cost.
. -.-
Attachment B
PROGRAM STATUTES AND REGULATIONS
I. Chapter 252, Florida Statutes
2. Rule Chapter 9G-19, Florida Administrative Code
3. Chapter 287, Florida Statutes
4. Chapter 119, Florida Statutes
5. Chapter 60A-l, Florida Administrative Code
(The bottom portion of this page intentionally left blank.)
15
Attachment C
RECORD KEEPING
A. All original records pertinent to this Agreement shall be retained by the Recipient for
three years following the date of termination of this Agreement or of submission of the
final close-out report, whichever is later, with the following exceptions:
I. If any litigation, claim or audit is started before the expiration of the three year
period and extends beyond the three year period, the records will be maintained
until all litigation, claims or audit findings involving the records have been
resolved.
2. Records for the disposition of non-expendable personal property valued at $1,000
or more at the time of acquisition shall be retained for three years after fmal
disposition.
3. Records relating to real property acquisition shall be retained for three years after
closing of title.
B. All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Scope
of Work, Attachment A, and all other applicable laws and regulations.
C. The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at
reasonable times to the Department, its employees, and agents. "Reasonable" shall be
construed according to the circumstances but ordinarily shall mean during normal
business hours of8:00 a.m. to 5:00 p.m., local time, on Monday through Friday.
"Agents" shall include, but not be limited to, auditors retained by the Department.
(The bottom portion of this page intentionally left blank.)
1.6
Attachment D
REPORTS
A. At a minimum, the Recipient shall provide the Department with quarterly
Financial ReportlReimbursement Requests, quarterly Summary Project Progress
Reports and final Close-out Reports. The Recipient shall utilize the report
formats provided by the Department.
B. Quarterly reports are due to be received by the Department no later than
fifteen (15) days after the end of each quarter and shall continue to be
submitted each quarter until submission ofthe administrative close-out
report. The ending dates for each quarter and the report due dates are as
follows:
Quarter
1
2
3
4
Endin2 Date
September 30, 2001
December 31, 2001
March 31,2002
June 30, 2002
Renorts Due
October 15, 2001
January 15,2002
April 15, 2002
July 15, 2002
C. The final close-out report is due forty-five (45) days after termination of this
Agreement or upon completion of the activities contained in this Agreement.
D. Pursuant to rule 9G-l9.010(7), the Recipient shall identify the applicable
procurement rules, regulations and standards to be used in the first progress report
to the Division following the notice of award.
E. If all required reports and copies prescribed above are not sent to the Department
or are not completed in a manner acceptable to the Department, the Department
may withhold further payments until they are completed or niay take such other
action as set forth in Paragraphs VII. and IX. The Department may take action for
non-compliance consistent with Rule 9G-l9.014, F.A.C. ifreports are not timely
received. "Acceptable to the Department" means that the work product was
completed in accordance with generally accepted principles and applicable law,
and is consistent with the Scope of Work, as determined by the Department in its
sole discretion.
F. Upon reasonable notice, the Recipient shall provide such additional program
updates or information as may be requested by the Department.
G. The Department shall be permitted to inspect and monitor the records and
facilities of funded projects and award recipients. Such inspections may occur
without notice at any reasonable time, which shall be presumed to be normal
business hours on Monday through Friday.
n
Attachment E
PROCUREMENT. SUBCONTRACTS AND SUB GRANTS
A. Subcontracts entered into by a Recipient in connection with any portion of the
proposed project shall contain all terms of the Recipient's Agreement with the
Department.
B. The Recipient shall send a copy of any subcontracts entered into in connection
with implementing the proposed project to the Department within 30 days after
their effective date.
C. Recipient shall not award subgrants using funds awarded pursuant to this rule
chapter.
D. Recipient shall comply with all applicable procUrement rules and regulations in
securing goods and services to implement a proposed project. Wherever required
by law or otherwise permitted, Recipient shall utilize competitive procurement
practices.
(The bottom portion of this page intentionally left blank.)
18
Attachment F
FUNDING/CONSlDERA nON
A. This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not
to exceed $50,000 subject to the availability of funds. The amount of funds
available pursuant to this rule chapter may be adjusted proportionally when
necessary to meet any matching requirements imposed as a condition of receiving
federal disaster relief assistance or planning funds. Funds received from the
Emergency Management, Preparedness and Assistance Trust Fund may not
be used to supplant existing funds.
B. The Recipient shall establish a separate account code in an interest bearing
account for tracking all deposits, expenditures and interest pertaining to an award.
A separate account code shall be established for each award received. The
interest earned on said account (s) shall be remitted promptly to the Department,
but no later than ninety days after the completion of the Agreement.
C, Any advance payment under this Agreement is subject to s. 216.181(14), Florida
Statutes. Twenty-five (25) percent of an award may be advanced. Payment of
reimbursable expenditures may be requested thereafter, at the end of each quarter.
If an advance payment is requested, the budget data on which the request is based
and a justification letter shall be submitted. The letter will specify the amount of
advance payment needed and provide an explanation of the necessity for and
proposed use of these funds. The Recipient shall mark the appropriate place
below indicating whether or not an advance payment is requested, if an advance
payment is requested enter the amount of the request.
No advance payment is requested; payment will be made solely
on a reimbursement basis.
l.
An advance payment of $ is requested; balance of
payments will be made on a reimbursement basis. (Justification
letter must be provided.)
2.
D. After the initial advance, if any, quarterly payments may be made for all
reimbursable expenses incurred as of the end of each quarter. The Recipient
agrees to expend funds in accordance with the Scope of Work, Attachment A of
this Agreement.
19
E Recipient agrees to perform the project identified in said application utilizing the
funds provided under this Agreement, supplemented by any funds represented in
said application as matching funds. Recipient shall not expend more than five
percent (5%) of the total funds awarded for administrative expenses.
"Administrative expenses" means the direct costs of staff managing the project
and other direct costs for managing the project, as well as the applicant's indirect
rate, if any, applied to those direct costs of management. The sum total of direct
and indirect costs identified shall not exceed five percent (5%) of the total funds
awarded from the trust fund for the project.
F. Funds disbursed to the Recipient by the Department that are not expended in
implementing the project shall be returned to the Department, along with interest
earned on the funds, within ninety (90) days of the expiration of the award
Agreement.
(The bottom portion of this page intentionally left blank.)
20
Attachment G
AUDIT REOUIREMENTS
A. The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt
and expenditure of funds under this Agreement.
B. These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department.
"Reasonable" shall be construed according to circumstances, but ordinarily shall
mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through
Friday.
C. The Recipient shall also provide the Department with the records, reports or
financial statements upon request for the purposes of auditing and monitoring the
funds awarded under this Agreement.
D. If the contract amount is $300,000 or more, then the Recipient shall also provide the
Department with an annual financial audit report which meets the requirements of
the Single Audit Act of 1984,31 U.S.C. ss. 7501-7507, and OMB Circular A-133
for the purposes of auditing and monitoring the funds awarded under this
Agreement. The funding for this Agreement was received by the Department as a
Contractual Services appropriation.
1. The annual financial audit report shall include all management letters and
the Recipient's response to all findings, including corrective actions to be
taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by
sponsoring agency and Agreement number.
3. The complete financial audit report, including all items specified in
Attachment G. D. I and 2 above, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
E. In the event the audit shows that the entire funds disbursed hereunder, or any portion
thereof, were not spent in accordance with the conditions of this Agreement, the
21
Recipient shall be held liable for reimbursement to the Department of all funds not
spent in accordance with these applicable regulations and Agreement provisions
within thirty (30) days after the Department has notified the Recipient of such non-
compliance.
F. The Recipient shall retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this contract for a period of three
years after the date of submission of the final expenditures report. However, if
litigation or an audit has been initiated prior to the expiration of the three-year
period, the records shall be retained until the litigation or audit findings have been
resolved.
G. The Recipient shall have all audits completed by an independent certified public
accountant (IP A) who shall either be a certified public accountant or a public
accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit
complied with the applicable provisions noted above.
H. The audit is due seven (7) months after the end of the fiscal year of Recipient or by
the date the audit report is issued by the state Auditor General, whichever is later.
22
RESOLUTION NO.
2000-24192
"- RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, "-UTHORIZING THE CITY MAN"-GER, OR HIS DESIGNEE, TO
SUBMIT "-N APPLlC"-TION TO THE FLORIDA DEPARTMENT OF COMMUNITY
"-FF"-IRS, FOR EIGHT EMERGENCY M.>.N"-GEMENT PREPARDENESS AND
"-SSISTANCE TRUFT FUND GRANTS, TO ENHANCE THE GOALS OF THE CITY'S
LOC"-L MITIGATION STRATEGIES, WHILE LEVERAGING EXISTING GENERAL
OBLlG"-TION BOND DOLLARS AND UTILIZING DEPAATMENTAL REVENUES AS
MATCHING FUNDS, AND TO APPROPRIATE THE FUNDS, IF AWARDED.
WHEREAS, the Department of Community Affairs (DCA) was created by the Florida
Legislature to address many of the needs associated with the growtb of the State's population, while
adequately managing the State's resources and preserving the quality of life of all Floridians; and
WHEREAS, the Division of Emergency Management within the Deparnnent of Community
Affairs is responsible for maintaining a comprehensive statewide program of emergency management, and
is responsible for the coordination of efforts between the Federal Govemment and other departments and
agencies of the State government, with county and municipal governments and scbool boards, and with
private agencies that have a role in emergency management, and is further responsible for administering
the Emergency Management Preparedness and Assistance Trust Fund; and
WHEREAS, the Emergency Management Preparedness and Assistance Trust Fund was
established by the Florida Legislature (Section 252.372, Florida Statutes) in order toptovide funds for
emergency management, preparedness, and assistance in an effort to mitigate the potential hazards as a
result of a disastrous event; and
WHEREAS, the Department of Community Affairs, Division of Emergency Management has
issued a Notice of Funding Availability (NOFA), seeking proposals for the released funds from the
Emergency Management Preparedness and Assistance Fund in both fiscal year 2000-2001 and fiscal year
2001-2002; and
WHEREAS, the NOFA releases funds for grant awards, as follows: $3,475,030 for the
Emergency Management Competitive Grant fiscal year 2000-2001, $3475,030 for the Emergency
Management Competitive Grant fiscal year 2001-2002 and $1,251,010 for the Municipal Competitive
Grant Program fiscal year 2000-2001, and $1,251,010 for the Municipal Competitive Grant fiscal year
2001-2002; and
WHEREAS, the rules governing the release of the funds allow each applicant to apply for a total
of eight grants, three per fiscal year for the Emergency Management Competitive Grant and two per fiscal
year for the Municipal Competitive Grant; and
WHEREAS, the City of Miami Beach has identified eight proposed projects that would further
the City's Local Mitigation Strategy; and
WHEREAS, the City will be using matching funds from select department budgets as matches
and utilizing existing General Obligation funds, leveraging these appropriated funds in an effort to
maximize funding to mitigate potential hazards to the well-being of its residents; and
WHEREAS, the City of Miami Beach will be applying for a grant in the amount of $50,000
dollars to prepare a public service announcement educating the City's residents of potential threats; and
WHEREAS, a grant of approximately $50,000 doUars wiU be submitted to conduct an
engineering study of the Miami Beach Convention Center to determine the feasibility of having the facility
retrofitted to provide post-disaster sheltering; and
WHEREAS, a grant in the amount of $300,000 dollars would be submitted to contract with a
engineering firm to conduct a feasibility study to determine the possibility of creating a Emergency
Operation Center for the City of Miami Beach, the City would use $2,277 ,000 from the General
Obligation Bond as a match; and
WHEREAS, the City of Miami Beach Fire Department in cooperation with the City Police
Department has identified $50,000 doUars from their Administrative budgets to leverage a request for an
additional $150,000 dollars to purchase a back-up communication system for the City of Miami Beach;
and
WHEREAS, the City will apply for a grant in the amount of $200,000 doUars to provide storm
shutters for select City facilities; and
WHEREAS, emergency response equipment is needed to conduct post-disaster surveying and
other services related to emergency management, a grant in the amount of $200,000 will be submitted; and
WHEREAS, an additional grant in the amount of $300,000 will be submitted to reinfcme the Fire
Station 2 facility to provided emergency personnel shelter and a reinforced storage facility needed to store
emergency response equipment; and
WHEREAS, the City is exploring the possibility of providing potable water using a reverse
osmosis system in the event of a loss of drinking water, the City will seek $250,000 for the Department of
CommuDity Affairs to provide. additional resources to the implementation of this system.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the City Manager. or his
designee, is hereby authorized to submit an application to the Florida Department of Community Affairs
for eight Emergency Management Preparedness and Assistance Trust Fund Grants as herein described, to
enhance the goals of the City's Local Mitigation Strategies, while leveraging existing General Obligation
Bond doUars and utilizing departmental revenues as matching funds, and to appropriate the funds, if
awarded for the purposes herein described.
PASSED AND ADOPTED THIS 29th day ofNovemher 0#1/
MAYOR
]1'
1J.Lt f ~-'L.
CITY CLERK
APPROVED AS TO
FORM & lANGUAGE
.. FOR EXECUTION
1!1.M- !I-/(,-{JP
N./omItf J:>.r Dote
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORADUM NO.j 0 ~ - OJ
TO:
Mayor Neisen O. Kasdln and DATE:
Members of the CIty CommissIon
November 28, 2000
FROM:
Jorge M. Gonzalez ,,~
CIty Manager J' V
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER, OR HIS DESIGNEE, TO SUBMIT AN
APPLICATION TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, FOR EIGHT EMERGENCY
MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST
FUND GRANTS, TO ENHANCE THE GOALS OF THE CITY'S
LOCAL MITIGATION STRATEGIES, WHILE LEVERAGING
EXISTING GENERAL OBLIGATION BOND DOLLARS AND
UTILIZING DEPARTMENTAL REVENUES AS MATCHING
FUNDS, AND TO APPROPRIATE THE FUNDS, IF AWARDED.
SUBJECT:
ADMIN1STIlA nON RF.COMMENDATION:
Adopt the Resolution.
RA.~KGROIJND:
Following the destruction of Hurricane Andrew in 1992, Governor Chiles empanelled the
Lewis Commission to study the emergency preparedness capabilities of the State. After
an extensive review of the State's emergency management procedures, the Lewis
Commission made over one hundred and thirty-four recommendations to the State
Legis1ature. One of these recommendations called for the Legislature to establish an
Emergency Management Preparedness and Assistance Trust Fund. In its original form,
the Lewis Commission's express purpose for the fund was: "Monies from the trust fund
should be used to improve state and county emergency preparedness and recovery
programs and facilities. They should supplement, not replace, existing federal, state, and
local funds used for emergency management."
AGENDA ITEM Q.U
DATE '\-'2..~-o1J
In 1994, the Legislature acted on many of the recommendations made by the Lewis
Commission. One of the bills passed by the Florida Legislature, and later signed by the
Governor, called for an annual $2.00 per policy assessment on homeowners insurance
policy and an annual $4.00 per policy assessment on business/commercial insurance
policies. This bill created the Emergency Management Preparedness and Assistance
Trust Fund and declared the Department of Community Affairs as the administrator of
the fund.
In its first three years, the fund accumulated resources to build a reserve prior to the first
set of expenditures. Once the fund balance reached a significant level, funding was
distributed into five budget categories of which two were directly related to grant
opportunities.
In its first year of appropriation, $850,000 was released for grants in which municipalities
were only allowed to apply and $2.3 million dollars was allocated for an open
competitive grant program. Since that time, two permanent grant programs were
established. The first program, "Municipal Competitive Grant Program" provides
competitive grants to municipalities in the State to apply for one grant per fiscal year, not
to exceed $50,000. The second program: "Emergency Management Competitive Grant,"
provides competitive grants to state or regional agencies, local agencies and private non-
profit organizations, to request up to $300,000 per project for no more than 3 projects for
any given fiscal year.
10 mid-October, the Department of Community Affairs released a Notice of Funding
Availability. The notice encouraged all eligible parties with projects that enhance the
emergency management capabilities within the State of Florida to apply for awards. In
the same notice, the Department of Community Affairs also announced that funds for
fiscal year 2000-2001 and 2001-2002 would be released in this unique one-time grant
cycle.
The City of Miami Beach has identified eight projects that would enhance the City's
Local MitigatiOtt Strategy while expanding the City's emergency management
capabilities, To this end, the Administration has prepared applications for eight
Emergency Preparedness and Assistance Grants using identified G.O. Bond dollars as a
match, and utilizing identified Administrative budget resources as potential matches.
The projects identified by the Administration are listed below:
Project One: Fundinll' cycle 2000-2001 Municipal Conwetitive Grant- $50.000 fundinll'
l<al2.
The City of Miami Beach will contract with a local vendor to create a Public Service
Announcement (PSA) that addresses the potential risks involved in pre- and post-
disasters. The PSA would focus on the elderly and high-rise residential communities. A
high impact model would also be engineered for the public service announcement and,
potentially, for future training.
Project Two: Fundini cycle 2001-2002 Municipal Competitive Grant- $50000 fundinv:
~
The City will contract with a local engineering firm to conduct a study to explore the
feasibility of retrofitting a section of the City of Miami Beach Convention Center for a
potential post disaster shelter. The proposed shelter would serve the residents that failed
to evacuate at the time of a mandatory evacuation order and, subsequently, were left
without shelter in the recovery phase.
Project Three: Fundi"!: Cycle 2000-2001 Open Competitive Grant- $300.000 fundinv:
~
The allocation of General Obligation Bond dollars has afforded the City with a unique
opportunity of creating a true Emergency Operation Center for the City of Miami Beach.
The City has approved approximately $5,000,000 from the GO Bond program for the
construction of a new facility for the Public Works Yard. This facility could potentially
be designed to also serve as an Emergency Operation Center during emergencies.
However, additional resources are needed to conduct a program study to determine
whether an Emergency Operation Center can be accommodated at the facility. A grant in
the amount of approximately $50,000 will be requested to conduct the study.
Project Four: Fundini Cycle 2000-2001 Open Competitive Grant- $300.000 fi'ntlini c'W.
The City of Miami Beach Police and Fire Departments use a connnunication system that
can become unreliable in the event of lost power or loss of radio frequency. The City
seeks $150,000 to purchase a portable communication relay system. The system will
serve as a backup in the event the main communication system fails. Currently, in case
of a city-wide connnunication failure, the City is 100% dependent on the County's
communication system. This dependency reduces the City's response capabilities to only
critical emergency calls.
Project Five: Fundinv: cycle 2001-2002 Open Competitive Grant- $300.000 fundini clQ).
The Federal Emergency Management Agency has provided funding for storm shutters,
but this funding does not adequately provide for all of the City's needs. Additional
resources are needed to protect and reduce damage to the remaining munieipal facilities.
The Administration has identified City facilities that require additional resources for
storm shutters and a grant for the shutters will be submitted.
Project Six: Fundini cycle 2000-2001 Open Competitive Grant- $300.000 fundin2' c'W.
In the recovery phase of all damaging storms, damage assessment is conducted by City
staff and is coordinated with County and Federal authorities. A grant request will be
submitted for the purchase of additional new equipment to enhance the recovery process
and damage assessment. The Fire Department has identified a series of hand held tools
needed to fulfill their primary objective. Tools that have been identified may include,
sliding ladders, hand held cameras, and survival backs.
Project Seven: Fundinll ~ycle 2001-2002 Open COll\Petitive Grant- ~300.000 fundinll
ld\.ll.
The City will submit a grant to harden and reinforce Fire Station #2 to provide storage
capability emergency management equipment and house emergency essential personnel.
Project Eight: Fundinll cycle 2001-2002 Open COll\Petitive Grant- $300 000 cap.
Potable drinking water is a high priority when a disaster threatens. Currently, the Parks
Department has identified a program that can treat ground table water as well as sea
water. The City will seek funding to secure the proper equipment to provide potable
water from either ground table or seawater to provide clean drinking water after a storm,
if needed.
JMG/C~/MDB/ad
TMCCND.\\JIOfIt\led9lO\UGULAK\DCACltANTCOMMEMo.dR