Federally Funded Sugrant Agreement 201 I - . 2- ^1- Sa
/b - 1 - .30/
Contract Number 12DM- 5J- 11- 23 -02- act 3
CFDA Number 97.047
FEMA No LPDM- PJ- 04 -FL- 2010 -005
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Division "), and, the City of Miami Beach
(hereinafter referred to as the "Recipient ").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS.
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services identified herein, and
B The Division has received these grant funds from the Federal Emergency Management Agency, and
has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and
C The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A -2 of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws, rules and
regulations, including those identified in Attachment B
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution and shall end June 30, 2014, unless terminated
earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes which are
agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this
Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the federal
OMB Circulars
States, local governments, and Indian Tribes follow
• A -87 for Cost Principles, Relocated to 2 CFR, Part 225
• A -102 for Administrative Requirements, and
• A -133 for Audit Requirements
Educational Institutions (even if part of a State or Local government) follow'
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• A -21 for Cost Principles, Relocated to 2 CFR, Part 220
• A -110 for Administrative Requirements, Relocated to 2 CFR, Part 215, and
• A -133 for Audit Requirements
Non - Profit Organizations follow
• A -122 for Cost Principles, Relocated to 2 CFR , Part 230 (362k)
• A -110 for Administrative Requirements, Relocated to 2 CFR, Part 215, and
• A -133 for Audit Requirements
If this Agreement is made with a commercial (for - profit) organization on a cost - reimbursement basis, the Recipie nt
shall be subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records to show its compliance with the terms of this
Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a
period of five years from the date the audit report is issued, and shall allow the Division or its designee, the State
Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall
ensure that audit working papers are available to them upon request for a period of five years from the date the
audit report is issued, unless extended in writing by the Division. The five year period may be extended for the
following exceptions
1. If any litigation, claim or audit is started before the five year period expires, and
extends beyond the five year period, the records shall be retained 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 $5,000 or
more at the time it is acquired shall be retained for five years after final disposition
3. Records relating to real property acquired shall be retained for five years after the
closing on the transfer of title
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in
a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work
Attachment A - and all other applicable laws and regulations
(d) 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 Division, its
employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8 a.m to 5
p.m , local time, on Monday through Friday "Agents" shall include, but not be limited to, auditors retained by the
Division
(6) AUDIT REQUIREMENTS
(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.
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(b) These records shall be available at reasonable times for inspection, review, or audit by stag:
personnel and other personnel authorized by the Department or the Division "Reasonable" shall ordinarily mean
normal business hours of 8:00 a.m to 5 p.m , local time, Monday through Friday
(c) The Recipient shall 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 Recipient is a State or local government or a non - profit organization as defined in OME3
Circular A -133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its
fiscal year, the Recipient must have a single or program- specific audit conducted in accordance with the
provisions of OMB Circular A -133, as revised EXHIBIT 1 to this Agreement shows the Federal resources
awarded through the Division by this Agreement. In determining the Federal awards expended in its fiscal year,
the Recipient shall consider all sources of Federal awards, including Federal resources received from the
Division. The determination of amounts of Federal awards expended should be in accordance with the guideline
established by OMB Circular A -133, as revised An audit of the Recipient conducted by the Auditor General in
accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this paragraph
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A -133, as
revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required In the event that
the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit
conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paic
from non - Federal funds
(e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-
133, as revised, and required by subparagraph (d) above, when required by Section 320 (d), OMB Circular A-
133, as revised, by or on behalf of the Recipient to
The Division at each of the following addresses.
Division of Emergency Management
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission
online at:
htt // har vester. census .qov /fac /collecUddeindex.html
And to any other Federal agencies and pass- through entities in accordance with Sections 320 (e) and (f), OMB
Circular A -133, as revised
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(f) Pursuant to Section 320 (f), OMB Circular A -133, as revised, the Recipient shall send a copy
of the reporting package described in Section 320 (c), OMB Circular A -133, as revised, and any management
letter issued by the auditor, to the Division at the following addresses
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
(g) By the date due, send any reports, management letter, or other information required to be
submitted to the Division pursuant to this Agreement in accordance with OMB Circular A -133, Florida Statutes,
and Chapters 10 550 (local governmental entities) or 10 650 (nonprofit and for - profit organizations), Rules of the
Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the Recipient
when submitting financial reporting packages to the Division for audits done in accordance with OMB Circular A-
133 or Chapters 10 550 (local governmental entities) or 10 650 (nonprofit and for - profit organizations), Rules of
the Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance
with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all
funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after
the Division has notified the Recipient of such non - compliance.
(j) The Recipient shall have all audits completed by an independent certified public accountant
(IPA), either 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. The audit must be received by the
Division no later than nine months from the end of the Recipient's fiscal year
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close -out report. These
reports shall include the current status and progress by the Recipient and all sub recipients and subcontractors in
completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in
addition to any other information requested by the Division
(b) 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
(c) The close -out report is due 60 days after termination of this Agreement or 60 days after
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a manner
acceptable to the Division, the Division may withhold further payments until they are completed or may take other
action as stated in Paragraph (11) REMEDIES "Acceptable to the Division" means that the work product was
completed in accordance with the Budget and Scope of Work.
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(e) The Recipient shall provide additional program updates or information that may be required
by the Division
(f) The Recipient shall provide additional reports and information identified in
Attachment F
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and /or consultants who are paid from funds provided under this Agreement, to ensure that time
schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the
specified time periods, and other performance goals are being achieved. A review shall be done for each function
or activity in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on -site visits by Division staff, limited scope audits, and /or other
procedures The Recipient agrees to comply and cooperate with any monitoring procedures /processes deemed
appropriate by the Division. In the event that the Division or the Department determines that a limited scope audit
of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the
Division or the Department to the Recipient regarding such audit. The Recipient further agrees to comply and
cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief FinanciEll
Officer or Auditor General In addition, the Division will monitor the performance and financial management by
the Recipient throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a) Unless the Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and
shall hold the Division harmless against all claims of whatever nature by third parties arising from the work
performance under this Agreement. For purposes of this Agreement, the Recipient agrees that it is not an
employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat.,
agrees to be fully responsible for its negligent or tortuous acts or omissions which result in claims or suits against
the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent
set forth in Section 768.28, Fla. Stat. 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.
(10) DEFAULT
If any of the following events occur ( "Events of Default "), all obligations on the part of the Division
to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise
any of its remedies set forth in paragraph (11) However, the Division may make payments or partial payments
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after any Events of Default without waiving the right to exercise such remedies and without becoming liable to
make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any previous
agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or
perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Divisic n
and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any time during
the term of this Agreement and the Recipient fails to cure this adverse change within thirty days from the date
written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or have
been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations under this
Agreement.
(11) REMEDIES
If an Event of Default occurs, then the Division may, after thirty calendar days written notice to the
Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the
following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior
written notice of the termination. The notice shall be effective when placed in the United States, first class mail,
postage prepaid, by registered or certified mail- return receipt requested, to the address in paragraph (13) herein,
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible purposes
under the laws, rules and regulations governing the use of these funds;
(e) Exercise any corrective or remedial actions, to include but not be limited to.
1 Request additional information from the Recipient to determine the reasons for or the
extent of non - compliance or lack of performance,
2. Issue a written warning to advise that more serious measures may be taken if the
situation is not corrected;
3 Advise the Recipient to suspend, discontinue or refrain from incurring costs for any
activities in question or
4. Require the Recipient to reimburse the Division for the amount of costs incurred for
any items determined to be ineligible
(f) Exercise any other rights or remedies which may be available under law;
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity If the Division waives any right or remedy in this
Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right
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or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other
default by the Recipient.
(12) TERMINATION
(a) The Division may terminate this Agreement for cause after thirty days written notice. Cause
can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to
perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other
material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in its sole .
discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure
funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through a
written amendment of this Agreement. The amendment will state the effective date of the termination and ti
procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for
the terminated portion of the Agreement after the Recipient has received the notification of termination. The
Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination
notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of
Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the
Recipient for the purpose of set -off until the exact amount of damages due the Division from the Recipient is
determined.
(13) NOTICE AND CONTACT
(a) 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 named below, at the address
below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division project manager for this Agreement is.
Project Manager Name: Mr. Quinton Williams, Planner
Bureau Name. Bureau of Mitigation
Division Name. Division of Emergency Management
Address. 2555 Shumard Oak Boulevard
City, State, Zip Tallahassee, Florida 32399
Telephone Number 850- 487 -7584
Fax Number 850 - 413 -9857
Email Address quinton .williams(c�em.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is
CONTACT NAME Ms. Judy Hoanshelt, Grants Manager
RECIPIENT NAME City of Miami Beach
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ADDRESS: 1700 Convention Center Drive
CITY, STATE, ZIP Miami Beach, Florida 33139 -18191
Telephone 305 - 673 -7510
Fax: 786- 394 -4675
(d) In the event that different representatives or addresses are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will be provided as
outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the fully
executed subcontract must be forwarded to the Division within ten days of execution for review and approval
The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this
Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the
subcontractor shall hold the Division 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 The
Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this
Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority vendor, as defined in Section 288 703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully
(b) In the - event of any inconsistencies or conflict between the language of this Agreement and
the attachments, the language of the attachments shall control, but only to the extent of the conflict or
inconsistency.
(c) This Agreement has the following attachments
Exhibit 1 - Funding Sources
Attachment A — Budget and Scope of Work
Attachment B — Program Statutes and Regulations
Attachment C — Statement of Assurances
Attachment D — Request for Reimbursement
Attachment E — Justification of Advance
Attachment F — Quarterly Report Form
Attachment G — Warranties and Representations
Attachment H — Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion
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(17) FUNDING /CONSIDERATION
(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 $750,000 00 subject to the
availability of funds All requests for reimbursement of administrative costs must be accompanied by the back -up
documentation evidencing all such administrative costs
(b) Any advance payment under this Agreement is subject to Section 216 181(16), FIa.Stat.. and
is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this
Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient
within the first three (3) months of the contract term For a federally funded contract, any advance payment is
also subject to federal OMB Circulars A -87, A -110, A -122 and the Cash Management Improvement Act of 1990.
If an advance payment is requested, the budget data on which the request is based and a justification statement
shall be submitted to the Division Contact in accordance with Attachment E. Attachment E will specify the amount
of advance payment needed and provide an explanation of the necessity for and proposed use of these funds.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed, 1
The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this
Agreement.
(d) Request for Reimbursement should be submitted at least quarterly and should include the
supporting documentation for all costs of the project submitted on the Request for Reimbursement. The
supporting documentation must comply with the documentation requirements of applicable OMB Circular Cost
Principles. Attachment D must be completed and signed by an authorized representative of the recipient. Any
Requests for Reimbursement that fail to include Attachment D with the supporting documentation may be
returned or delayed in processing. The final invoice shall be submitted within 60 days after the expiration date of
the agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under
subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any further payment of
funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from
the Division.
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of "Division of Emergency Management," and mailed directly to the Division's Contact listed above
In accordance with Section 215 34(2), Fla. Stat., if a check or other draft is returned to the Division
for collection, the Recipient shall pay the Division a service fee of $15 00 or 5% of the face amount of the returned
check or draft, whichever is greater
(19) MANDATED CONDITIONS
(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 later submission
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or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement.
All of said information, representations, and materials are incorporated by reference. The inaccuracy of the
submissions or any material changes shall, at the option of the Division and with thirty days written notice to the
Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the
Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this
Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null
and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this
Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) The Agreement may be executed in any number of counterparts, any one of which may be
taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-
336, 42 U S C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis cf 1
disability in employment, public accommodations, transportation, State and local government services, and
telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction for a public
entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public
entity, and may not transact business with any public entity in excess of $25,000 00 for a period of 36 months
from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives funds
under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its
principals:
1 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 five -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for 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 19(g)2. of this certification, and
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4. Have not within a five -year period preceding this Agreement had one or more public
transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion"
(Attachment H) for each intended subcontractor which the Recipient plans to fund under this Agreemen
The form must be received by the Division before the Recipient enters into a contract with any
subcontractor.
(h) 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,
Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
(j) Any bills for travel expenses shall be submitted in accordance with Section 112 061, Fla. Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to
allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119,
Fla. Stat., which the Recipient created or received under this Agreement.
(I) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement,
any interest income shall either be returned to the Division or be applied against the Division's obligation to pay
the contract amount.
(m) 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
Division 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 Division All contractors must E- Verify the
employment status of their employees and subcontractors to the extent permitted by federal law and regulation.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla.
Stat.) with respect to the meetings of the Recipient's governing board or meetings of any subcommittee making
recommendations to the governing board All of these meetings shall be publicly noticed, open to the public, and
the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119,
Fla. Stat.
(o) All unmanufactured and manufactured articles, materials and supplies which are acquired for
public use under this Agreement must have been produced in the United States as required under 41 U S C 10a,
unless it would not be in the public interest or unreasonable in cost.
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(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state
agency
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or
modification of any Federal contract, grant, loan or cooperative agreement.
2 If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form -
LLL, "Disclosure Form to Report Lobbying."
3. The Recipient shall require that this certification be included in the award documents
for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U S Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY
AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS
AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA.
(a) If the Recipient has a re- existing
P g 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 is developed in the course of or as a result of work or services -
performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or
l
invention to the Division for a determination whether the State of Florida will seek patent protection in its name
Any patent rights accruing under or in connection with the performance of this
12
1
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating 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 disclosed Failure to disclose will indicate that no such property
exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind the
Recipient to the terms of this Agreement.
(23) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment C.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF MIAMI BEACH:
BY: ��`►.�
Name and title: `lam ` ►� - " vti 2 rL.t✓Z, C(Ts ►�^'4/�'� —
Date: _l ! 3c> / i
FID# - 6,°' 3`l ".>-
STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT
BY
Name and Title. Bryan W Koon, Direct r
Date /0 1'
Agreed and accepted by
MOUNT SINAI MEDICAL CENTE; OF FLORIDA, INC.:
BY /J
- me and title. • b'Cj
Date. Of/ (f� !' °
a APPROVED AS TO
FID# -7 --o6 FORM & LANGUAGE
&FOR EXECUTION
13
q (t
City i • � Da
1f
EXHIBIT - 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
Federal Program: Federal Emergency Management Agency, Legislature Pre - Disaster Mitigation Program
Catalog of Federal Domestic Assistance Number: 97.047
Amount of Federal Funding: $750,000.00
THE FOLLOWING COMPLIANCE REQUIREMENTS MAY APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
• OMB Circular A -110 Uniform Administrative Requirements for Grants and Cooperative
Agreements with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations
• OMB Circular A -102 Uniform Administrative Requirements for Grants and Cooperative
Agreements with State and Local Governments
• OMB Circular A -87 Cost Principles for State and Local Governments
• OMB Circular A -21 Cost Principles for Educational Institutions
• OMB Circular A -133 Audits of State, Local Governments, and Non0Profit Organizations
Commonly Applicable Statutes and Regulations
• The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93 -288, as
amended, 42 U.S.C. 5121 et seq., and Related Authorities
• Sections 1361(A) of the National Flood Insurance Act of 1968 (NFIA, or "the Act "), 42 USC 4104c,
as amended by the National Flood Insurance Reform Act of 1994 (NFIRA), Public Law 103 -325 and
the Bunning- Bereuter- Blumenauer Flood Insurance Reform Act of 2004, Public Law 108 -264
• Title 44 of the Code of Federal Regulations (CFR)
• 44 CFR Part 79 Flood Mitigation Grants
• 44 CFR Part 80 Property Acquisition and Relocation for Open Space
• 44 CFR Part 9 Floodplain Management and Protection of Wetlands
• 44 CFR Part 10 Environmental Considerations
• 44 CFR Part 13 Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments
• 31 CFR Part 205 Rules and Procedures for Funds Transfers
14
Federal Program:
1. This funding is to used for the appropriate eligible activity listed below which is consistent with
the scope of work of the project:
• Acquisition of hazard prone properties
• Retrofitting of existing buildings and facilities
• Elevation of flood prone structures
• Infrastructure protection measures
• Storm water management improvements
• Minor structural flood control projects
• Relocation of structures from hazard prone areas
• Retrofitting of existing buildings and facilities for shelters
• Vegetative management/soil stabilization
• Mitigation Planning Project
• Other projects that reduce future disaster losses
2. Recipient is subject to all administrative and financial requirements as set forth in this Agreemen !,
or will be in violation of the terms of the Agreement.
15
Attachment A
Budget and Scope of Work
The Sub - grantee, the City of Miami Beach, will install a Cummins Power 350 KW generator with a
minimum 100 gallon isolated mount double walled day tank and two transfer switches. The transfer switches will
be a 400 amp 277/480 volt transfer switch and a 260 amp 277/480 volt transfer switch. The generator, fuel tank
and transfer switches will be permanently installed in an impact secure and fire rated roof top mechanical
enclosure on the Gumenick Ambulatory Surgical Center at Mount Sinai Medical Center.
The Federal Emergency Management Agency has determined from a programmatic and technical review
that the following items are unique to this project and a requirement of this award.
• Quarterly financial and programmatic progress reports for LPDM projects are required. The
programmatic progress report will include sufficient narrative to determine the degree to which the
project has been implemented and the estimated time to completion;
• The Sub - Applicant must follow all applicable local, State and Federal laws, regulations, and
requirements and obtain (before starting project work) and comply with all required permits and
approvals.
• Changes to the engineering design or to the list of artici atin
p p g properties in an approved mitigation
project will be considered by FEMA but not approved automatically The State must request a
change in the property list or a significant engineering design change as a formal SOW Revision
The Applicant/Sub- applicant must have identified the alternate properties in the project application
and must have provided a Benefit -cost Analysis for each alternate property. The Regional Office may
allow eligible properties to be substituted as long as the substitution does not change the overall
nature of the project or increase the amount of the Federal Share. The Regional Office may allow
significant engineering design changes if no environmental impacts are anticipated If the project
remains technically feasible, and or once an additional round of environmental consultations is
completed and a revised CATEX issued.
• The Applicant must follow all applicable state, local, and Federal laws, regulations, and requirements,
and obtain (before starting project work) and comply with all required permits and approvals. If start
of project work is delayed for a year or more after the date or this CATEX, then coordination with and
project review by appropriate regulatory agencies must be redone.
• Any change, addition, or supplement to the approved project SOW that alters the project (including
other work not funded by FEMA, but done substantially at the same time) will require re- submission of
the application to FEMA for NEPA re- evaluation before starting project work.
• Construction vehicles and equipment used for this project shall be maintained in good working order
to minimize pollutant emissions The contractor will implement measures to prevent spillage or runoff
of chemicals, fuels, oils, or sewer related wastes during project work.
• Any hazardous materials found onsite such as asbestos or lead -based paint, will also be managed in
accordance with all applicable state, local, and federal laws and regulations
• If any archaeological material is discovered during project work, work in that area shall cease
immediately, and the Sub - Applicant will contact FL SHPO and DHS /FEMA Region IV Environmental
Officer for further guidance.
• The Sub - grantee must notify the State as soon as significant developments become known, such as
delays or adverse conditions that might raise or delay completion, or favorable conditions allowing
lower cost or earlier completion, and
16
• The installation of the generator has been deemed a critical action. Therefore, the Sub - grantee muz-}
coordinate with the local Floodplain Administrator to ensure the facility is protected to local floodplain
standards for critical actions
• No cost overruns will be funded
This is LPDM -2010, Project 005
Funding Summary:
Local Share. $ 312,000 00 (29.3785 %)
Federal Share. $ 750,000.00 (70.6215 %)
Total Project Cost: $1,062,000 00 (100.00 %)
Line Item Budget:
Total Federal Non - Federal
Design $ 70,000 00 $ 52,500 00 $17,500 00
Material $ 730,000.00 $547,500.00 $182.500 00
Labor $ 262,000 00 $150,000.00 $112,000.00
Total $1,062,000 00 $750,000 00 $312,000 00
SCHEDULE OF WORK EXAMPLE
Prepare Bid documents 3 Months
Advertise Request for Bids 1 Month
Evaluate Bids, Award and Execute Contract 2 Months
Contractor Engineering Submittals 4 Months
Permit Application, Review and Issue Permit 4 Months
Installation 8 Months
Final Inspection, Punch List, Close -Out 2 Months
Total duration of Proposed Activity 24 Months
This award expires June 30, 2014
17
Attachment B
Program Statutes and Regulations
The parties to this Agreement and the Hazard Mitigation Assistance Programs are generally governed by
the following statutes and regulations
(1) The Robert T Stafford Disaster Relief and Emergency Assistance Act;
(2) The National Flood Insurance Act of 1968, 42 United States Code 4104c;
(3) The National Insurance Reform Act of 1994, Public Law 103 -325;
(4) The Bunning - Bereuter- Blumenauer Flood Insurance Reform Act of 2004 Public Law 108 -264;
(5) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 78, 79, 80, 220, and 221, and any other applicable
FEMA policy memoranda and guidance documents;
(6) All applicable laws and regulations delineated in Attachment C of this Agreement
In addition to the above statutes and regulations, the Recipient must comply with the following:
The Recipient shall fully perform the approved hazard mitigation project, as described in the Application
and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with the approved
scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein,
and the terms and conditions of this Agreement. The Recipient shall not deviate from the approved project and
the terms and conditions of this Agreement. The Recipient shall comply with any and all applicable codes and
standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and
security for the project.
Any development permit issued by, or development activity undertaken by, the Recipient and any land
use permitted by or engaged in by the Recipient, shall be consistent with the local comprehensive plan and land
development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes Funds shall bb
expended for, and development activities and land uses authorized for, only those uses which are permitted
under the comprehensive plan and land development regulations. The Recipient shall be responsible for
ensuring that any development permit issued and any development activity or land use undertaken is, where I
applicable, also authorized by the Water Management District, the Florida Department of Environmental
Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any federal, state, or
local environmental or land use permitting authority, where required The Recipient agrees that any repair or
construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in
conformity with applicable codes, specifications and standards.
The Recipient will provide and maintain competent and adequate engineering supervision at the 1
construction site to ensure that the completed work conforms with the approved plans and specifications and will
furnish progress reports and such other information to Hazard Mitigation Assistance Program as may be required.
If the hazard mitigation project described in Attachment A includes an acquisition or relocation project,
then the Recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected j
real property shall record in the public records of the county where it is located the following covenants and
restrictions, which shall run with and apply to any property acquired, accepted, or from which a structure will be
removed pursuant to the project:
1 The property will be dedicated and maintained in perpetuity for a use that is compatible with open
space, recreational, or wetlands management practices,
� I
18
2. No new structure will be erected on property other than.
(a) a public facility that is open on all sides and functionally related to a designated open
space,
(b) a restroom; or
3. A structure that the Director of the Federal Emergency Management Agency approves in writing
before the commencement of the construction of the structure;
4 After the date of the acquisition or relocation no application for disaster assistance for any
purpose will be made to any Federal entity and no disaster assistance will be provided for the
property by any Federal source; and ,
5. If any of these covenants and restrictions is violated by the owner or by some third party with the
knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the
Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further
notice to the owner, its successors and assigns, and the owner, its successors and assigns shall
forfeit all right, title and interest in and to the property.
Contract Manager will evaluate requests for cost overruns and submit to the Regional Director written
determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44CFR
206.438(b).
The National Environmental Policy Act (NEPA) stipulates that additions or amendments to the Recipient's
Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEPA process.
As a reminder, the Recipient must obtain prior approval from the State, before implementing changes to
the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments:
1 For construction projects, the grantee must "obtain prior written a
which result in a need for additional funds" (44 CFR 13 (c)); approval for any budget revision
2. A change in the scope of work must be approved by FEMA in advance regardless of the budget
implications, and
3. The Recipient must notify the State as soon as significant developments become known, such as
delays or adverse conditions that might raise costs or delay completion, or favorable conditions
allowing lower cost or earlier completion. Any extensions of the period of performance must be
submitted to FEMA 60 days prior to the project expiration date.
Additional Regulations
The Recipient assures that it will comply with the following statutes and regulations, to the extent applicable.
1) Federal Acquisition Regulations 31.2 and 0931.2
2) Section 1352, Title 31, US Code
3) OMB Circulars A -21, A -87, A- 110,or A -122
4) Chapter 215, Florida Statutes
5) Chapter 119, Florida Statutes
6) Americans with Disabilities Act
7) Section 112.061, Florida Statutes
8) Immigration and Nationality Act
9) Section 286 011, Florida Statutes
10) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
11) 28 CFR applicable to grants and cooperative agreements
12) 42 USC 3789(d) or Victims of Crime Act as appropriate)
ppropriate)
13) Section 504 of the Rehabilitation Act of 1973, as amended
14) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39
19
Attachment C
Statement of Assurances
To the extent the following provisions apply to this Agreement, the Recipient certifies that:
(a) It possesses legal authority to enter into this Agreement and to carry out the proposed program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action
authorizing the execution of the hazard mitigation agreement with the Division of Emergency
Management (DEM), including all understandings and assurances contained in it, and directing and
authorizing the Recipient's chief administrative officer or designee to act in connection with the application
and to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall
receive any share or part of this Agreement or any benefit. No member, officer, or employee of the
Recipient or its designees or agents, no member of the governing body of the locality in which the
program is situated, and no other public official of the locality or localities who exercises any functions or
responsibilities with respect to the program during his tenure or for one year after, shall have any interest,
direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in connection
with the program assisted under this Agreement. The Recipient shall incorporate, in all contracts or
subcontracts a provision prohibiting any interest pursuant to the purpose stated above,
(d) All Recipient contracts for which the State Legislature is in any part a
language to provide for termination with reasonable costs to be paid by the n Recip Recipient for a elig conin
ble contract
work completed prior to the date the notice of suspension of funding was received by the Recipient. Any
cost incurred after a notice of suspension or termination is received by the Recipient may not be funded
with funds provided under this Agreement unless previously approved in writing by the Division. All
Recipient contracts shall contain provisions for termination for cause or convenience and shall provide for
the method of payment in such event;
(e) It will comply with.
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S C. 327 et seq , requiring that
mechanics and laborers (including watchmen and guards) employed on federally assisted
contracts be paid wages of not less than one and one -half times their basic wage rates for all
hours worked in excess of forty hours in a work week; and
(2) Federal Fair Labor Standards Act, 29 U.S C. Section 201 et seq., requiring that covered
employees be paid at least the minimum prescribed wage, and also that they be paid one and
one -half times their basic wage rates for all hours worked in excess of the prescribed work -week.
(f) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), and the regulations issued pursuant thereto,
which provides that no person in the United States shall on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the Recipient receives Federal financial
assistance and will immediately take any measures
necessary to effectuate this assurance If any real property or structure thereon is provided or
improved with the aid of Federal financial assistance extended to the Recipient, this assurance
shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the
period during which the real property or structure is used for a purpose for which the Federal
financial assistance is extended, or for another purpose involving the provision of similar services
or benefits,
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of
20
1
■
1
1975, as amended (42 U S.C. 6101 -6107) which prohibits discrimination on the basis of age or
with respect to otherwise qualified handicapped individuals as provided in Section 504 of the
Rehabilitation Act of 1973;
(3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations
issued pursuant thereto, which provide that no person shall be discriminated against on the basis
of race, color, religion, sex or national origin in all phases of employment during the performance
of federal or federally assisted construction contracts, affirmative action to insure fair treatment in
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff /termination, rates of pay or other forms of compensation, and election for training and
apprenticeship;
(g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain for themselves or others, particularly those
with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135,
FS;
(h) It will comply with the Anti - Kickback Act of 1986, 41 U.S.0 Section 51 which outlaws and prescribes
penalties for "kickbacks" of wages in federally financed or assisted construction activities;
(i) It will comply with the provisions of 18 USC 594, 598, 600 -605 (further known as the Hatch Act) which
limits the political activities of employees;
(j) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection ;
Act of 1973 as amended, 42 USC 4002 -4107, including requirements regarding the purchase of flood
insurance in communities where such insurance is available as a condition for the receipt of any Federal
financial assistance for construction or acquisition purposes for use in any area having special flood
hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance f
payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal
assistance;
(k) It will require every building or facility (other than a privately owned residential structure) designed,
constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal
Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101 -19 6 for general type buildings
and Appendix A to 24 CFR Part 40 for residential structures. The Recipient will be responsible for
conducting inspections to ensure compliance with these specifications by the contractor;
(1) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of
1966 (U.S C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of Archaeological and
Historical Data Act of 1966 (16 U S C 469a -1, et seq ) by
(1) Consulting with the State Historic Preservation Office to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse
effects (see 36 CFR Section 800 8) by the proposed activity; and
(2) Complying with all requirements established by the State to avoid or mitigate adverse
effects upon such properties.
(3) Abiding by the terms and conditions of the "Programmatic Agreement Among the
Federal Emergency Management Agency, the Florida State Historic Preservation
Office, the Florida Division of Emergency Management and the Advisory Council
on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal
and State entities in implementing Section 106 of the National Historic Preservation Act
(NHPA), 16 U S C 470f, and implementing regulations in 36 CFR part 800
21
(4) When any of the Recipient's projects funded under this Agreement may affect a historic
property, as defined in 36 CFR 800. (2)(e), the Federal Emergency Management Agency
(FEMA) may require the Recipient to review the eligible scope of work in consultation
with the State Historic Preservation Office (SHPO) and suggest methods of repair or
construction that will conform with the recommended approaches set out in the
Secretary of Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's
Guidelines for Archeological Documentation (Guidelines) (48 Federal Register
44734 -37), or any other applicable Secretary of Interior standards. If FEMA determines
that the eligible scope of work will not conform with the Standards, the Recipient agrees
to participate in consultations to develop, and, after execution by all parties, to abide by, a
written agreement that establishes mitigation and recondition measures, including but not
limited to, impacts to archeological sites, and the salvage, storage, and reuse of any
significant architectural features that may otherwise be demolished
(5) The Recipient agrees to notify FEMA and the Division if any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to:
subsurface disturbance; removal of trees; excavation for footings and foundations; and
installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and
septic tanks) except where these activities are restricted solely to areas previously
disturbed by the installation, replacement or maintenance of such utilities FEMA will
request the SHPO's opinion on the potential that archeological properties may be present '
and be affected by such activities. The SHPO will advise the Recipient on any feasible
steps to be accomplished to avoid any National Register eligible archeological property or
will make recommendations for the development of a treatment plan for the recovery of
archeological data from the property.
If the Recipient is unable to avoid the archeological property, develop, in consultation with
the SHPO, a treatment plan consistent with the Guidelines and take into account the
Advisory Council on Historic Preservation (Council)
publication "Treatment of
Archeological Properties" The Recipient shall forward information regarding the
treatment plan to FEMA, the SHPO and the Council for review If the SHPO and the
Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may
direct the Recipient to implement the treatment plan. If either the Council or the SHPO
object, Recipient shall not proceed with the project until the objection is resolved
(6) The Recipient shall notify the Division and FEMA as soon as practicable: (a) of any
changes in the approved scope of work for a National Register eligible or listed property;
(b) of all changes to a project that may result in a supplemental DSR or modify an HMA
project for a National Register eligible or listed property; (c) if it appears that a project
funded under this Agreement will affect a previously unidentified property that may be
eligible for inclusion in the National Register or affect a known historic property in an
unanticipated manner The Recipient acknowledges that FEMA may require the
Recipient to stop construction in the vicinity of the discovery of a previously unidentified
property that may be eligible for inclusion in the National Register or upon learning that
construction may affect a known historic property in an unanticipated manner The
Recipient further acknowledges that FEMA may require the Recipient to take all
reasonable measures to avoid or minimize harm to such property until FEMA concludes
consultation with the SHPO The Recipient also acknowledges that FEMA will require,
and the Recipient shall comply with, modifications to the project scope of work necessary
to implement recommendations to address the project and the property.
(7) The Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall
not receive funding for projects when, with intent to avoid the requirements of the PA or
the NHPA, the Recipient intentionally and significantly adversely affects a historic
property, or having the legal power to prevent it, allowed such significant adverse affect
22
to occur.
(m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U S.0 : 1681 -1683 and
1685 - 1686) which prohibits discrimination on the basis of sex;
(n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S C. 4521- 45 -94) relating to nondiscrimination on the basis of alcohol
abuse or alcoholism,
(o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S C. 290 dd -3 and 290 ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(p) It will comply with Lead -Based Paint Poison Prevention Act (42 U S.C.: 4821 et seq ) which prohibits the
use of lead based paint in construction of rehabilitation or residential structures;
(q) It will comply with the Energy Policy and Conservation Act (P L. 94 -163; 42 U.S C. 6201 - 6422), and the
provisions of the State Energy Conservation Plan adopted pursuant thereto;
(r) It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.0 2131 -2159, pertaining to the care,
handling, and treatment of warm blooded animals held for research, teaching, or other activities
supported by an award of assistance under this agreement;
(s) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U S.C. 2000c and 42 3601 -3619, as
amended, relating to non - discrimination in the sale, rental, or financing of housing, and Title VI of the Civil
Rights Act of 1964 (P L. 88 -352), which prohibits discrimination on the basis of race, color or nation origin;
(t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401 -7642;
(u) It will comply with the Clean Water Act of 1977, as amended, 42 U S.C. 7419 -7626;
(v) It will comply with the Endangered Species Act of 1973, 16 U S.C. 1531 -1544;
(w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U S.C. 4728 -4763;
(x) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of
1966, as amended, 16 U S C 270;
(y) It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U S.C. 4321 -4347,
(z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and
Historical Preservation Act of 1966, 16 U S C 469a, et seq,
(aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U S.0 794, regarding non-
discrimination,
(bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking
Water Act of 1974, 42 U S C 300f -300j, regarding the protection of underground water sources;
(cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property
Acquisition Policies Act of 1970, 42 U S.0 4621 -4638, which provide for fair and equitable treatment of
persons displaced or whose property is acquired as a result of Federal or federally assisted programs;
(dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U S C 1271 -1287, related to protecting
components or potential components of the national wild and scenic rivers system,
23
(ee) It will comply with the following Executive Orders. EO 11514 (NEPA); EO 11738 (violating facilities); EO
11988 (Floodplain Management), EO 11990 (Wetlands); and EO 12898 (Environmental Justice);
(if) It will comply with the Coastal Barrier Resources Act of 1977, 16 U S.C. 3510;
(gg) It will assure project consistency with the approved State program developed under the Coastal Zone
Management Act of 1972, 16 U S C. 1451 -1464; and
(hh) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S C. 661 -666.
(ii) With respect to demolition activities, it will.
1. Create and make available documentation sufficient to demonstrate that the Recipient and its
demolition contractor have sufficient manpower and equipment to comply with the obligations as
outlined in this Agreement.
2. Return the property to its natural state as though no improvements had ever been contained
thereon.
3. Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect
buildings located in the Recipient's jurisdiction to detect the presence of asbestos and lead in
accordance with requirements of the U S. Environmental Protection Agency, the Florida
Department of Environmental Protection and the County Health Department.
4 Provide documentation of the inspection results for each structure to indicate.
a. Safety Hazards Present
b. Health Hazards Present
c. Hazardous Materials Present
5 Provide supervision over contractors or employees employed by the Recipient to remove
asbestos and lead from demolished or otherwise applicable structures.
6. Leave the demolished site clean, level and free of debris.
7. Notify the Division promptly of any unusual existing condition which hampers the contractor's
work.
8. Obtain all required permits.
9. Provide addresses and marked maps for each site where water wells and septic tanks are to be
closed along with the number of wells and septic tanks located on each site. Provide
documentation of closures
10. Comply with mandatory standards and policies relating to energy efficiency which are contained
in the State Energy Conservation Plan issued in compliance with the Energy Policy and
Conservation Act (Public Law 94 -163).
11 Comply with all applicable standards, orders, or requirements issued under Section 112 and 306
of the Clean Air Act (42 U S.0 1857 (h), Section 508 of the Clean Water Act (33 U S. 1368),
Executive Order 11738, and the U S. Environmental Protection Agency regulations (40 CFR Part
15 and 61) This clause shall be added to any subcontracts.
12 Provide documentation of public notices for demolition activities.
24
Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
LEGISLATURE PRE - DISASTER MITIGATION
RECIPIENT NAME City of Miami Beach
ADDRESS
CITY, STATE, ZIP CODE:
PAYMENT No: DEM Agreement No_12DM- 5J- 11- 23 -02- a.(1 3
FEMA Tracking Numbers. LPDM- PJ- 04 -FL- 2010 -005 Invoice Period. to
Eligible Obligated Obligated DEM Use Only
Amount Federal Non - Federal Previous Current
100% 70.6215% 29 3785% Payments Request Approved Comments
TOTAL CURRENT REQUEST $
I certify that to the best of my knowledge and belief the above accounts are correct, and that all disbursements
were made in accordance with all conditions of the Division agreement and payment is due and has not been
previously requested for these amounts.
RECIPIENT SIGNATURE
NAME AND TITLE DATE:
TO BE COMPLETED BY DIVISION OF EMERGENCY MANAGEMENT
APPROVED PROJECT TOTAL $
ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVED FOR PAYMENT $
DATE
25
Attachment D
(continued)
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
LEGISLATURE PRE - DISASTER MITIGATION PROGRAM
Applicant: City of Miami Beach Disaster No
DEM Agreement No: 12DM- 5J- 11- 23 -02- FEMA Tracking # LPDM- PJ- 0441- 2010 -005
Applicant's Date of delivery DOCUMENTATION
Reference No. of articles, List Documentation (Applicant's payroll, material out of Eligible Costs
(Warrant, Voucher, completion of applicant's stock, applicant owned equipment and name 100%
Claim Check, or work or of vendor or contractor) by category and line item in the
Schedule No.) performance approved project application and give a brief description
services. of the articles or services.
TOTAL
26
7
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested,
budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to
s. 216.181(16), Florida Statutes The amount which may be advanced shall not exceed the expected cash needs of the
recipient within the initial three months
Li NO ADVANCE REQUESTED [_] ADVANCE REQUESTED
No advance payment is requested Advance payment of $ is requested. Balance of
Payment will be solely on a payments will be made on a reimbursement basis. These funds
reimbursement basis No additional are needed to pay staff, award benefits to clients, duplicate forms
information is required. and purchase start-up supplies and equipment. We would not be
able to operate the program without this advance.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet.
(A) (B) (C) (D)
DESCRIPTION FFY FFY FFY Total
2011 -2012 2012 -2013 2013 -2014
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES'
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 by line 1.)
'First hree months expenditures need only be provided for the years in which you requested an advance. If
you do not have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X $
Cell D3 HMA Award MAXIMUM
(Do not include match) ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
[ 1 Recipient has no previous HMGP contract history Complete Estimated Expenses chart
and Explanation of Circumstances below
[ 1 Recipient has exceptional circumstances that require an advance greater than the Maximum
Advance calculated above Complete estimated expenses chart and Explanation of Circumstances below
Attach additional pages if needed
27
ESTIMATED EXPENSES
2012 -2013
BUDGET CATEGORY
Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
28
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
LEGISLATURE PRE - DISASTER MITIGATION PROGRAM
QUARTERLY REPORT FORM
RECIPIENT. City of Miami Beach Project Number #• LPDM- PJ- 04 -FL- 2010 -005
PROJECT LOCATION DEM ID #• 12 DM- 5J- 11- 23 -02- o 2.Qg
DISASTER NUMBER: QUARTERENDING •
Provide amount of advance funds disbursed for period (if applicable) $
Provide reimbursement projections for this project:
July -Sep, 20$ Oct -Dec, 20_$ Jan -Mar, 20,_$ Apr -June, 20$
July -Sep, 20$ Oct -Dec, 20$ Jan -Mar, 20$ Apr -June, 20$
Percentage of Work Completed (may be confirmed by state inspectors): �o
0
Project Proceeding on Schedule. [ ] Yes [ ] No
Describe milestones achieved during this quarter:
Provide a schedule for the remainder of work to project completion:
Describe problems or circumstances affecting completion date, milestones, scope of work, and cost:
Cost Status [ ] Cost Unchanged L) Under Bu dget Over Budget
et g
Additional Comments /Elaboration
NOTE. Division of Emergency Management (DEM) staff may perform interim inspections and /or audits at any
time Events may occur between quarterly reports, which have significant impact upon your project(s), such as
anticipated overruns, changes in scope of work, etc. Please contact the Division as soon as these conditions
become known, otherwise you may be found non - compliant with your subgrant award
Name and Phone Number of Person Completing This Form
29
Attachment G
Warranties and Representations
Financial Management
The Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall contain
information pertaining to grant awards, authorizations, obligations, unobligated balances, assets,
outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient shall
safeguard all such assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the provisions of
the applicable OMB cost principles and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition The Recipient shall
be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate
competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair
competitive advantage, contractors that develop or draft specifications, requirements, statements of work,
invitations for bids and /or requests for proposals shall be excluded from competing for such procurements.
Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most
advantageous to the Recipient, considering the price, quality and other factors Solicitations shall clearly set forth
all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient.
Any and all bids or offers may be rejected when it is in the Recipient's interest to do so.
Codes of conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in
the award and administration of contracts No employee, officer, or agent shall participate in the selection, award,
or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be
involved Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has
a financial or other interest in the firm selected for an award The officers, employees, and agents of the Recipient
shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to
subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such
standards by officers, employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one
employee on site, from 8 a.m. to 5 p.m , local time, Monday through Friday
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all
of the particular work for which they are hired by the Recipient.
30
Attachment H
Certification Regarding
' Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
CONTRACTOR.
By
Signature Recipient's Name
Name and Title Division Contract Number
Street Address
City, State, Zip
Date
31
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA, AND
MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC. REGARDING MOUNT
SINAI'S INSTALLATION OF A GENERATOR, FUEL TANK, AND TRANSFER
SWITCHES AT ITS GUMENICK AMBULATORY SURGICAL CENTER
PURSUANT TO STATE CONTRACT NUMBER 12DM- 5J- 11 -23 -02
derk
This m
eorandum of Understanding (the Agreement) is made and executed on th ( L
day 4 2011 (Effective Date), between the City of Miami Beach, a municipal
corporation of the State of Florida whose address is 1700 Convention Center Drive, Miami
Beach, Florida 33139 (City), and Mount Sinai Medical Center of Florida, Inc., a Florida non-
profit corporation with its principal address at 4300 Alton Road, Miami Beach Florida, 33140
(Mount Sinai or Hospital).
RECITALS
Whereas, the City, on behalf of the Hospital, proposes to enter into Contract Number,
12DM- 5J- 11 -23 -02 ( "State Contract ") with the State of Florida, Division of Emergency
Management (DEM), which is attached and incorporated as Exhibit "1" hereto; and
Whereas, the State Contract requires the completion of FEMA Project No.: LPDM -PJ-
04-FL- 2010 -005, which includes the installation of a generator, fuel tank, and transfer switches
at the Hospital's Gumenick Ambulatory Surgical '• Center, which scope of work is more
specifically described in Attachment "A" to the State Contract (said Scope of Work may also be
collectively referred to herein as the "Project ");'and
Whereas, at its regular meeting on October 19, 2011, the Mayor and City Commission
approved Resolution No.2J1 1 '2:11c1 (attached and incorporated as Exhibit "2" hereto),
which authonzed the City to enter into the State Contract on behalf of the Hospital, subject
further to the terms and conditions of this Agreement; and
Whereas, the Hospital will be undertaking the scope of work under the State Contract,
subject to the terms and conditions of said Contract, and subject further to this Agreement; and
Whereas, the Hospital acknowledges and agrees that, but for the fact that the Hospital
needs to prosecute and complete the aforestated scope of work for the betterment of its facility,
and but for the fact that the City, and not the Hospital, is an eligible party that can enter into the
State Contract on behalf of the Hospital, the City would not otherwise be entering into said
Contract; and
Whereas, accordingly, the City and Hospital wish to enter into this Agreement for the
express purpose of the Hospital indemnifying, holding harmless, and otherwise assuming, on
behalf of the City, any liability that the City may have as a result of the Hospital's failure to
prosecute and complete any work required under the State Contract, or as a result of the
Hospital's failure to comply, on behalf of the City, with any term or condition of the State
Contract, as if the Hospital itself were a party thereto (instead of the City).
Page 1 of 5
NOW THEREFORE, in consideration of the conditions and covenants hereinafter contained, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1 Recitals. The foregoing recitals are hereby acknowledged as true and correct, and are
incorporated herein by reference.
2 Purpose. The purpose of this Agreement is to ensure the Hospital's compliance with all
requirements under the State Contract, and to ensure that the Hospital, and not the City, shall be
the ultimate party responsible for complying with the terms and conditions of the State Contract.
Accordingly, the Hospital hereby agrees to be fully responsible and liable for any act or omission
under the State Contract, as if the Hospital — and not the City — were a party thereto.
3 Hospital's Obligations.
a) The Hospital shall be solely responsible for, and shall assume all cost, work, and
liabilities associated in any way with, or pertaining to, the Scope of Work contemplated under
the State Contract (as such Scope of Work is referenced in Attachment "A" to the State
Contract). Notwithstanding the preceding, and without limitation, the Hospital shall also
assume, and be solely responsible for complying with, any and all other requirements and/or
obligations of the City under the State Contract. Accordingly, the Hospital herein agrees, and
warrants and represents to the City, that it shall be bound by the terms of the State Contract as if
it were a party thereto (instead of the City), and that it shall at all times comply with all terms,
conditions, and any other requirements, duties, and/or obligations imposed upon the City under
the State Contract, so as to at all times maintain the City in good standing and free from default
under said Contract.
b) The Hospital agrees to be bound by all applicable State and federal laws and
regulations.
c) The Hospital agrees, at its sole cost and expense, to transmit any necessary reporting
documents to the City, as same may be required by the City in order to comply with any
reporting and or other requirements under the State Contract, within five (5) business days prior
to any reporting (or other) deadlines. The Hospital shall document, in quarterly reports and a
close -out report, its progress in performing and completing the Scope of Work (and any other
required milestones) under the State Contract. The Hospital shall retain sufficient records for an
audit.
d) The Hospital shall provide a wntten statement as to whether it is a minority vendor, as
defined in Section 288.703, Fla. Statutes and as required under the State contract.
e) The Hospital shall provide the Certification Regarding Debarment, Suspension and
Ineligibility and Voluntary Exclusion Form, as required under the State Contract.
f) The Hospital shall comply with the requirements of the Budget and Scope of Work (as
described in Attachment "A" to the State Contract) regarding the requirement of matching funds.
The Hospital acknowledges that the Project contemplated under the Scope of Work requires a
Page2
non - federal match, in the amount of $312,000, and agrees to contribute the required non - federal
match, in the amount of $312,000, to this Project. The Hospital further acknowledges and agrees
that this non - federal match ( "Local Share ") will not be reimbursed.
g) The Hospital shall transmit to the City, within five (5) business days prior to the
deadlines in the State Contract, and with such supporting documentation, and in such manner as
may be reasonably requested by the City, in its reasonable discretion and judgment, the required
Request for Reimbursements ( "RFR's "), which include proof of the Hospital's payment of
Project expenses, in the amount of $1,062,000 (which amount includes the State Contract funds,
in an amount not to exceed $750,000, and the Hospital's required Local Share, in the amount of
$312,000).
h) The Hospital acknowledges that the City will receive reimbursement funding pursuant
to the State Contract, through a FEMA Pre - Disaster Mitigation Program. The City agrees to
submit the RFR's to the State of Florida and, if approved by the State, to accept payment from
the State on behalf of the Hospital, in an amount determined by the State but not to exceed
$750,000. Notwithstanding the preceding, or any other term or condition of this Memorandum
of Understanding or the State Contract, the City shall have no liability to the Hospital or to third
parties (including, without limitation, any contractors or subcontractors retained by the Hospital
to prosecute the Scope of Work), for any costs or payments as a result of any RFR'S which are
not approved and/or disallowed by the State.
1) Notwithstanding subsection (h) above, if DEM, upon subsequent review or audit, finds
any disallowed and/or unapproved costs of the Project, which will not be reimbursed, or if funds
for the Project are not received from the State, then the Hospital shall immediately reimburse to the
City any and all such disallowed and/or unapproved costs previously provided by the City.
j) The Hospital shall own, maintain and repair the generator, fuel tank, and transfer
switches and shall follow procurement procedures approved by the State DEM.
4 Indemnification.
The Hospital shall fully indemnify and hold the City and its respective officers, employees,
agents, contractors, instrumentalities, and assigns, harmless from any and all liability, losses or
damages, including attorneys' fees and costs of defense, which the Hospital, and/or its respective
officers, employees, agents, contractors, instrumentalities and assigns, may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature ansing out of,
relating to, or resulting from the State Contract and/or this Agreement. The Hospital shall hold
the State of Florida, Division of Emergency Management harmless against all claims of whatever
nature arising out of the performance of work under the Scope of Work and this Agreement, to
the extent allowed and required by law.
Further, the Hospital agrees and acknowledges that, but for the Hospital's need to prosecute and
complete the Scope of Work contemplated under the State Contract for the continued
maintenance, preservation and improvement of the its facility, and but for the City being the only
eligible party that can enter into the State Contract, that the City would not otherwise be entering
Page 3 of 5
into the State Contract, and is doing so for the sole and express purpose of assisting the Hospital
and for the Hospital's sole benefit.
Accordingly, and in addition to (and without limiting) the indemnification provision in the
preceding paragraph, the Hospital shall fully indemnify, defend and hold harmless the City of
Miami Beach, and its officials, employees, agents, contractors, successors and assigns (the "City
Indemnitees"), from and against all liabilities, obligations, losses, damages, penalties, claims,
actions, costs, charges, subrogations, and expenses (including, without limitation, reasonable
legal and other professional fees and expenses) which may be imposed upon, or incurred by, or
asserted against the City Indemnitees (collectively, the "Damages "), or any of them, by reason of
actual or alleged (1) injury or death to persons (including, without limitation, one or more of the
City Indemnitees or of the Hospital and/or its officers, directors, employees, contractors, agents,
successors or assigns, or of any other third parties); or (2) damage to the property of any person
or legal entity (including, without limitation, the property of one or more of the City
Indemnitees, or of the Hospital and/or its officers, directors, employees, contractors, agents,
successors or assigns, or of any other third parties); and/or (3) any monetary losses which may be
sustained by any of the City Indemnitees; all, as referenced in the aforestated subsections,
subsections (1) — (3), as a direct or proximate cause, resulting from, or arising from any act or
omission, and /or any work, services, and/or other obligations performed and/or otherwise
provided and/or improved by virtue of the Hospital's agreement herein to perform and/or provide
any and all of the City's obligations as a party to the State Contract. Notwithstanding the
specific language of this paragraph, nothing in this paragraph shall in any way serve as an
indemnification, duty to defend or hold harmless by the Hospital against any gross negligence or
willful misconduct by any of the City Indemnitees.
Notwithstanding anything contained in this Agreement, any and each of the Hospital's
obligations to indemnify, defend or hold harmless the City or the City Indemnitees shall be
subject to the City's obligation to act in good faith regarding the State contract and the Project.
The provisions of this Section 4 shall survive termination or expiration of this Agreement, and of
the State Contract.
5 Severability
In the event any paragraph, clause .or sentence of this Agreement or any future amendment is
declared invalid by a court of competent jurisdiction, such paragraph, clause or sentence shall be
stricken from the subject Agreement and the balance of the Agreement shall not be affected by the
deletion, provided to do so would not render interpretation of the Agreement provisions
ambiguous or a nullity.
6 Notice
Any notices to be given hereunder shall be in writing and shall be deemed to have been given if
sent by hand delivery or recognized overnight couner (such as Federal Express), or if by certified
U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the
place specified. For the present, the parties designate the following as the respective places for
notice purposes, which includes electronic mail address as indicated for copies of notices given.
Page 4 of 5
If to the Hospital Amy Perry, Senior Vice President and Chief Operating Officer
4300 Alton Road — 5 Warner
Miami Beach, Florida 33139
Amy.perry@msmc.com
If to the City Jorge M. Gonzalez, City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
7. Compliance with Federal, State, and Local Law
All parties hereby agree that they shall comply with all applicable Federal, State, Miami -Dade,
and City laws, ordinances and codes, including the Americans with Disabilities Act, as they
apply to this Agreement.
8. Entire Agreement
This Agreement and its Exhibits represent the entire agreement between the parties. It is further
understood, and agreed to and acknowledged by Hospital, that — notwithstanding and Event of
Default under the State Contract which, if incurred, results in termination of such contract, the
Hospital's liability to the City, and to the City Indemnitees, and to any other third parties shall
not in any way be limited or affected by same.
IN WITNESS WHEREOF, the City and Hospital have caused this Agreement to be executed by
their respective and duly authorized officers the day and year indicated above.
CITY: HOSPITAL:
CITY OF MIAMI BEACH MOUNT SINAI MEDICAL
CENTER OF FLORIDA, INC.
By: j /Oh
�� By: � 4g �A►
s
_e :Sm.I - - . . �. • r 7' P i7
"' Manager . /C EPresiden and 0
ATTEST: ATTEST: 'j i
By: f./44 B
Robert Parcher Secretary
City Clerk
JMG/KGB /JH APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Page5of5 0"
14 3
y City Att ettt Date
RESOLUTION NO. 2011 -27759
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING
AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A FEDERALLY FUNDED SUBGRANT AGREEMENT, ON
BEHALF OF MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC.,
(MOUNT SINAI), WITH THE STATE OF FLORIDA, DIVISION OF
EMERGENCY MANAGEMENT (DEM), FOR FEDERAL FUNDING FROM
THE U.S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA), IN AN AMOUNT NOT
TO EXCEED $750,000, FOR THE INSTALLATION OF A GENERATOR,
FUEL TANK, AND TRANSFER SWITCHES AT MOUNT SINAI'S
GUMENICK AMBULATORY SURGICAL CENTER, WITH THE
AFORESTATED SCOPE OF WORK TO BE UNDERTAKEN AND
COMPLETED BY MOUNT SINAI; FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND MOUNT SINAI,
WHEREBY MOUNT SINAI AGREES TO BE SOLELY AND
COMPLETELY RESPONSIBLE FOR PROSECUTING AND
COMPLETING THE AFORESTATED SCOPE OF WORK IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE
SUBGRANT AGREEMENT (AS IF IT WERE A PARTY THERETO), AND
WHEREBY MOUNT SINAI FURTHER AGREES TO INDEMNIFY AND
HOLD THE CITY HARMLESS FROM ANY LIABILITY UNDER THE
SUBGRANT AGREEMENT
WHEREAS, on June 3, 2009, the Mayor and City Commission approved
Resolution No 2009- 27080, authorizing the City to submit an application for funding to
the U.S. Department of Homeland Security, FEMA, on behalf of Mount Sinai Medical
Center of Florida, Inc. (Mount Sinai), for Emergency Power Protection (the Project); and
WHEREAS, Mount Sinai cannot receive federal funding for this Project directly;
however, the U S Department of Homeland Security, through the Federal Emergency
Management Agency (FEMA), authorizes local governments to apply for funding from
the Pre - Disaster Mitigation Program on behalf of a private non - profit organization in
order to mitigate the impact of disaster events; and
WHEREAS, Congresswoman Debbie Wasserman Schultz submitted a request
for $5 million for this Project as one of her FY 2010 appropriation requests, and the
Project was ultimately awarded $750,000; and
WHEREAS, the City has been awarded federal funding for the Project by the
State of Honda, Division of Emergency Management (DEM), in an amount not to exceed
$750,000, which includes the installation of a generator, fuel tank, and transfer switches -
at Mount Sinai's Gumenick Ambulatory Surgical Center (the Project); and
WHEREAS, the City proposes to enter into a federally funded Subgrant
Agreement (Contract Number, 12DM- 5J- 11 -23 -02 also referred to as the "State
Contract ") with DEM, on behalf of the Mount Sinai; the proposed State Contract is
attached as Exhibit '1" hereto, and
•
WHEREAS, Mount Sinai will be undertaking the Project work, subject to the
terms and conditions set forth in State Contract; and
WHEREAS, no City funding commitment or match is required; and
WHEREAS, Mount Sinai shall be solely responsible for, and shall assume all
cost, work, and liability with regard to, the Project scope of work (as contemplated under
the State Contract); accordingly, the City and Mount Sinai have also agreed to enter into
the attached Memorandum of Understanding (MOU) whereby Mount Sinai agrees to be
bound by the terms of the State Contract, as if it stood in the City's place as a party
thereto and; further, whereby Mount Sinai agrees to completely indemnify and hold the
City harmless from any work undertaken by Mount Sinai, and any other terms and
conditions, under the State Contract (See Exhibit "2" hereto); and
WHEREAS, the Administration is requesting that the Mayor and City
Commission retroactively approved the actions requested pursuant to this Resolution, as
DEM requires the City to execute the State Contract by October 19, 2011, and, in order
to meet the State's deadlines (and preserve the funding requested under the State
Contract), the City Administration needs to submit all documentation to the State prior to
the City Commission meeting of October 19, 2011.
WHEREAS, this Project supports the key intended outcomes ensure value and
timely delivery of quality capital projects
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby retroactively
approve and authorize the City Manager or his designee to execute a Federally Funded
Subgrant Agreement, on behalf of Mount Sinai Medical Center of Florida, Inc. (Mount
Sinai), with the State of Florida, Division of Emergency Management (DEM), for Federal
funding from the U.S Department of Homeland Security, Federal Emergency
Management Agency (FEMA), in an amount not to exceed $750,000, for the installation
of a generator, fuel tank, and transfer switches at Mount Sinai's Gumenick Ambulatory
Surgical Center, with the aforestated scope of work to be undertaken and completed by
Mount Sinai; further authorizing the City Manager to execute the attached Memorandum
of Understanding between the City and Mount Sinai, whereby Mount Sinai agrees to be
solely and completely responsible for prosecuting and completing the aforestated scope
of work in accordance with the terms and conditions of the Subgrant Agreement (as if it
were a party thereto), and whereby Mount Sinai further agrees to indemnify and hold the
City harmless from any liability under the Subgrant Agreement.
PASSED and ADOPTED this /fib day of dC4
ATTEST:
10 V
•
MAYOR •
1 l4. U� L'L(/� ti ••
CITY CLERK --.. �': �',4i
• � '. % APPROVED AS TO
JMG /KGB /JH INCORP ORATED: % FORM & LANGUAGE
• T\AGENDA\2011 \9- 14- 11 \MSMC Res'* . C MO U,3 fop, , / ', 1 0 & FOR EXECUTION
I CH 26, .
��w��� ��• y • ttorney D to