2012-27908 Reso RESOLUTION NO 2012-27908
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A FEDERALLY FUNDED
SUBGRANT AGREEMENT, ON BEHALF OF THE TALMUDIC UNIVERSITY
(UNIVERSITY), 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), PRE-DISASTER
MITIGATION PROGRAM IN AN AMOUNT NOT TO EXCEED $706,825.12,
FOR THE WINDSTORM HAZARD MITIGATION PROJECT AT THE
TALMUDIC UNIVERSITY LOCATED AT 4000 ALTON ROAD, MIAMI
BEACH, WITH THE AFORESTATED SCOPE OF WORK TO BE
UNDERTAKEN AND COMPLETED BY THE UNIVERSITY; FURTHER
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE
AND EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY AND TALMUDIC UNIVERSITY, WHEREBY UNIVERSITY 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 THE UNIVERSITY
FURTHER AGREES TO INDEMNIFY AND HOLD THE CITY HARMLESS
FROM ANY LIABILITY UNDER THE SUBGRANT AGREEMENT
WHEREAS, the Pre-Disaster Mitigation (PDM) program is authorized by Section
203 of the Stafford Act, 42 U.S.C. 5133 and provides funds to states, territories, Indian
tribal governments, communities, and universities for hazard mitigation planning and the
implementation of mitigation projects prior to a disaster event; and
WHEREAS, funding these plans and projects reduces overall risks to the
population and structures, while also reducing reliance on funding from actual disaster
declarations; and
WHEREAS, the PDM program is funded by the US Department of Homeland
Security, through FEMA, and administered by the State of Florida Division of Emergency
Management; and
WHEREAS, FEMA regulations state that non-profit organizations and colleges
and universities cannot apply directly for these funds; however, an eligible, relevant
State agency or local government may apply for assistance to benefit the non-profit
entity, and, as such, the Talmudic University on Miami Beach had requested that the
City submit an application on their behalf in order to mitigate the impact of disaster
events; and
WHEREAS, therefore, on November 5, 2008, the Mayor and City Commission
approved Resolution No. 2008-26928, authorizing the City to submit an application for
funding to the U.S. Department of Homeland Security, FEMA, on behalf of the Talmudic
University (University), located at 4000 Alton Road, Miami Beach, for a Windstorm
Hazard Mitigation Project; and
WHEREAS, the University will manage and assume full responsibility of the
grant, project and matching funds requirement; and
WHEREAS, the City, as the applicant, has been notified that the University
project has been approved for federal funding through the Pre-Disaster Mitigation (PDM)
competitive grant program pursuant to the Congressional appropriation for Fiscal Year
2012 in the amount of$706,825.12, for the Windstorm Hazard Mitigation Project; and
WHEREAS, the Talmudic University will be undertaking the Project work, subject
to the terms and conditions set forth in the State Contract: and
WHEREAS, no City funding commitment or City match is required, the University
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); and
WHEREAS, the University will provide its own matching funds in the amount of
$235,608.41 as required by the State; and
WHEREAS, the City has previously been awarded funding from FEMA for the
following Wind Retrofit Projects: 1) The City was awarded funding in the amount of
$637,777 for Impact-resistant windows/wind retrofit at City Hall, Police Station, Fire
Station 1 and Fire Station and the project has been completed; 2) The City was awarded
funding in the amount of $690,049 for impact resistant windows/wind retrofit at 555 17th
Street, 1701 Meridian, 21St Street Recreation Building and Fleet Management Building
and the project is underway; 3) Similar to the Talmudic University Project, the City was
awarded funding in the amount of $750,000 through the PDM Program for Mount Sinai
for the purchase and installation of a generator at the Gumenick Ambulatory Surgical
Center at Mount Sinai Hospital and the project is underway; and
WHEREAS, the City and the University will enter into a Memorandum of
Understanding (MOU) (Exhibit 1") whereby the University will 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 the University agrees to completely indemnify and hold the City harmless from
any work it undertakes, and any other terms and conditions, under the State Contract
(See Exhibit "2"); and
WHEREAS, the Administration is therefore requesting that the Mayor and City
Commission approve the actions requested pursuant to this Resolution and this project
supports the key intended outcome: diversify business base in Miami Beach.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH hereby approve and authorize the City
Manager or his designee to execute a Federally Funded Subgrant Agreement, on behalf
of the Talmudic University (University), 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
$706,825.12, for its windstorm hazard mitigation project at the University, located at
4000 Alton Road, with the aforestated scope of work to be undertaken and completed by
the University; further authorizing the City Manager or his designee to negotiate and
execute a Memorandum of Understanding between the City and the University, whereby
the University 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 the University
further agrees to indemnify and hold the City harmless from any liability under the
Subgrant Agreement.
PASSED and ADOPTED this (0�day of JUne— , 2012
ATTEST:
MAYO
CITY CLERK
JMG/KGB/JMH
TAAGENDA\2012\6-6-12\Tal mud ic Reso.doc
� ':�NCORP ORATED:
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
ttomea �, Date
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving and authorizing the City Manager or his designee to execute a Federally Funded
Subgrant Agreement,on behalf of The Talmudic University with the State of Florida, Division of Emergency
Management, for federal funding in an amount not to exceed $706,825.12, for a Windstorm Hazard
Mitigation Project at the Talmudic University located at 4000 Alton Road,further authorizing the City Manager
or his designee to negotiate and execute a Memorandum of Understanding between the City and the
University,whereby the Talmudic University agrees to be solely and completely responsible for prosecuting
and completing the aforestated scope of work and whereby the Talmudic University further agrees to
indemnify and hold the City harmless from any liability under the Subgrant Agreement.
Key Intended Outcomes Supported:
Not Applicable—this is a"pass through" grant from FEMA on behalf of the Talmudic University.
Supporting Data -2009 Community Survey: Not Applicable.
Issue:
Shall the City execute the Funding Agreement and Memorandum of Understanding?
Item Summa /Recommendation:
The City has been awarded funding in the amount of$706,825.12 for the Talmudic University Windstorm
Hazard Mitigation Project. The University cannot receive federal funding for this project directly;however,the
Federal Emergency Management Agency(FEMA)authorizes local governments to apply for funding from the
Pre-Disaster Mitigation program on behalf of eligible non-profit organizations. The Talmudic University will
be undertaking the Project and the City will execute a Memorandum of Understanding between the Cityand
the University, whereby the Talmudic University agrees to be solely and completely responsible for
prosecuting and completing the aforestated scope of work and whereby the Talmudic University further
agrees to indemnify and hold the City harmless from any liability under the Subgrant Agreement.
Approve the Resolution.
Advisory Board Recommendation: N/A
Financial Information:
Source of Funding Agency Name/ Project Funding City Match
funds Amount Amount/Source
US Dept of Homeland Security/ $706,825.12 N/A — No matching funds
Talmudic University Windstorm will be paid by the City.
Hazard Mitigation Project.
City Clerk's Office Legislative Tracking:
Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement
Sign-Offs:
Department,Pirectoy Assistant City Manager City Manager
® AGENDA ITEM C 7 8 M{AM I B EAC H 6'6-1
DATE—
2.
® MIAM BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: June 6, 2012
SUBJECT: A RESOLUTION OF THE MAYOR A CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A FEDERALLY FUNDED
SUBGRANT AGREEMENT, ON BEHALF OF THE TALMUDIC UNIVERSITY
(UNIVERSITY), 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), PRE-DISASTER MITIGATION PROGRAM IN
AN AMOUNT NOT TO EXCEED$706,825.12, FOR THE WINDSTORM HAZARD
MITIGATION PROJECT AT THE TALMUDIC UNIVERSITY LOCATED AT 4000
ALTON ROAD, MIAMI BEACH,WITH THE AFORESTATED SCOPE OF WORK
TO BE UNDERTAKEN AND COMPLETED BY THE UNIVERSITY; FURTHER
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND
TALMUDIC UNIVERSITY, WHEREBY THE UNIVERSITY 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 THE UNIVERSITY
FURTHER AGREES TO INDEMNIFY AND HOLD THE CITY HARMLESS FROM
ANY LIABILITY UNDER THE SUBGRANT AGREEMENT
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Pre-Disaster Mitigation(PDM)program is authorized by Section 203 of the Stafford Act,
42 U.S.C. 5133 and provides funds to states, territories, Indian tribal
governments, communities, and universities for hazard mitigation planning and the
implementation of mitigation projects prior to a disaster event. Funding these plans and
projects reduces overall risks to the population and structures,while also reducing reliance
on funding from actual disaster declarations. The PDM program is funded by the US
Department of Homeland Security,through FEMA, and administered by the State of Florida
Division of Emergency Management.
FEMA regulations state that non-profit organizations and colleges and universities cannot
apply directly for these funds; however, an eligible, relevant State agency or local
government may apply for assistance to benefit the non-profit entity.
Commission Memorandum
Page 2
As such, the Talmudic University on Miami Beach had requested that the City submit an
application on their behalf in order to mitigate the impact of disaster events. The Talmudic
University (University) will manage and assume full responsibility of the grant, project and
matching funds requirement. Therefore, on November 5, 2008, the Mayor and City
Commission approved Resolution No. 2008-26928, authorizing the City to submit an
application for funding to the U.S. Department of Homeland Security, FEMA,on behalf of the
Talmudic University, located at 4000 Alton Road, Miami Beach, for a Windstorm Hazard
Mitigation Project.
The City, as the applicant, has been notified that the University project has been approved
for federal funding through the Pre-Disaster Mitigation (PDM) competitive grant program
pursuant to the Congressional appropriation for Fiscal Year 2012 in the amount of
$706,825.12, for the Windstorm Hazard Mitigation Project.
The Talmudic University will be undertaking the Project work, subject to the terms and
conditions set forth in the State Contract. No City funding, City funding commitment or City
match is required. The University 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).
The University will provide its own matching funds in the amount of$235,608.41 as required
by the State.
The City has previously been awarded funding from FEMA for the following Wind Retrofit
Projects:
1. The City was awarded funding in the amount of $637,777 for Impact-resistant
windows/wind retrofit at City Hall, Police Station, Fire Station 1 and Fire Station#3.
Project has been completed.
2. The City was awarded funding in the amount of $690,049 for impact resistant
windows/wind retrofit at 555 17th Street, 1701 Meridian, 21St Street Recreation
Building and Fleet Management Building (140 McArthur Causeway). Project is
underway.
3. Similar to the Talmudic University Project, the City was awarded funding in the
amount of$750,000 through the PDM Program for Mount Sinai for the purchase and
installation of a generator at the Gumenick Ambulatory Surgical Center at Mount
Sinai Hospital. Project is underway.
The City and the University will enter into a Memorandum of Understanding (Exhibit 1")
whereby the University will 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 the University agrees to completely
indemnify and hold the City harmless from any work it undertakes, and any other terms and
conditions, under the State Contract(See Exhibit"2").
The Administration is therefore requesting that the Mayor and City Commission approve the
actions requested pursuant to this Resolution.
Commission Memorandum
Page 3
Conclusion
The Administration requests that the Mayor and City Commission hereby approve and
authorize the City Manager or his designee or his designee to negotiate and execute a
Federally Funded Subgrant Agreement, on behalf of the Talmudic University(University),
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 $706,825.12,for its windstorm hazard mitigation project
at the University, located at 4000 Alton Road, with the aforestated scope of work to be
undertaken and completed by the University;further authorizing the City Manager to execute
a Memorandum of Understanding between the City and the University, whereby the
University 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 the University further agrees to
indemnify and hold the City harmless from any liability under the Subgrant Agreement.
JMG/KGB/JMH
TAAGENDA\2012\6-6-12\Talmudic Memo.doc