Federally-Funded Subgrant Agreement Contract Number: 13DM-24-11-23-02-281
CFDA Number: 97.047
FEMA No: PDMC-PJ-04-FL-2012-014
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 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.
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 by both parties, and shall end June 30, 2015,
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 Circular No. A-102, "Common Rule: Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments"(53 Federal Register 8034)or OMB Circular
No.A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations,"and either OMB Circular No. A-87, "Cost
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Principles for State, Local and Indian Tribal Governments,"OMB Circular No.A-21, "Cost Principles for
Educational Institutions,"or OMB Circular No.A-122,-"Cost Principles for Non-profit Organizations."
(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 8:00 a.m.to 5:00 p.m., local time,on Monday through Friday. "Agents"shall include,but not be
limited to, auditors retained by the 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.
(b) These records shall be available at reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Division. 'Reasonable"shall ordinarily mean
normal business hours of 8:00 a.m.to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Division with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
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(d) If the Recipient is a State or local government or a non-profit organization as defined in OMB
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 guidelines 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 paid 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 the following address:
Florida Division of Emergency Management
Office of Inspector General
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
http://harvester.census.Qov/fac/collect/ddeindex.htmi
And to any other Federal agencies and pass-through entities in accordance with Sections .320(e)and(f),
OMB Circular A-133,as revised.
(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 address:
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Florida 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.
0) 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 subrecipients 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 30 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
D.
(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 determines that
a limited scope audit of the Recipient is appropriate,the Recipient agrees to comply with any additional
instructions provided by the Division 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 Financial 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 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, 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 tortious 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
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option to exercise any of its remedies set forth in Paragraph(11). However,the Division may make
payments or partial payments 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 Division 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
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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 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 of 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 the 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 contract manager for this Agreement is:
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Mr.Quinton Williams, Planner
Bureau of Mitigation
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone:850-487-1584
Fax:850-413-9857
Email:Quinton.williams(cDem.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Ms.Judy Hoanshelt,Grants Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139-18191
Telephone: 305-673-7510
Fax:786-394-4675
Email:judyhoanshelt cCDmiamibeachfl.gov
(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
unsigned subcontract must be forwarded to the Division for review and approval before it is executed by
the Recipient. 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 business enterprise, 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.
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(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 Al —Budget and Scope of Work
Attachment B—Program Statutes and Regulations
Attachment C—Statement of Assurances
Attachment D—Request for Reimbursement
Attachment E—Justification for Advance Payment
Attachment F—Quarterly Report Form
Attachment G—Warranties and Representations
Attachment H—Certification Regarding Debarment,Suspension,and Ineligibility and
Voluntary Exclusion
(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
$706,825.12,subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla.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 maybe 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. All advances are required to be held in an interest-bearing
account. If an advance payment is requested,the budget data on which the request is based and a
justification statement shall be included in this Agreement as 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. No advance shall be accepted for processing if a reimbursement has been paid prior to the
submittal of a request for advanced payment.
(c) After the initial advance,if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(d) Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. Invoices shall be accompanied by a statement
signed and dated by an authorized representative of the Recipient certifying that"all disbursements made
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in accordance with conditions of the Division agreement and payment is due and has not been previously
requested for these amounts." The supporting documentation must comply with the documentation
requirements of applicable OMB Circular Cost Principles. The final invoice shall be submitted within sixty
(60)days after the expiration date of the agreement. An explanation of any circumstances prohibiting the
submittal of quarterly invoices shall be submitted to the Division contract manager as part of the
Recipient's quarterly reporting as referenced in Paragraph 7 of this 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"Florida Division of Emergency Management,"and mailed directly to the following address:
Florida Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for
collection, 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 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.
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(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) This 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 sea.),which prohibits discrimination by public and private entities on
the basis of 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
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 G)for each intended subcontractor which Recipient plans to fund under
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this Agreement. 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.
(1) 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.
(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 the 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.
(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:
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1. No Federal appropriated funds have been paid or will be paid,by or on behalf
of the Recipient,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 of Lobbying Activities."
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 pre-existing patent or copyright,the Recipient shall retain all
rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention 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 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
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.
13
(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
Recipient to the terms of this Agreement.
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment H.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement.
CITY OF MIAl1A. EACH
By:Name and title: -I�tTt-1 �I v� Gt y f'1Xr� -��P
Date: 5�
FID# !!�°1—
STATE OF FLORIDA
DIVISION OF EMERfqENCY MA E Krr
By:, M-4 ,7j 00.
Name and Title: Bry n W.Koon,Director
Date: J d a 5— Z
Agreed and Accepte by:
TALMUDIC UN
By:
Name and itle:
Date: 7d �
APPROVED AS TO
FID# 5R FORM & LANGUAGE
& F XECUTION
14 c1`�j u
Attorne 1�,, Date
EXHIBIT—1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
Federal Program: Federal Emergency Management Agency: Pre Disaster Mitigation
Competitive Grant Program
Catalog of Federal Domestic Assistance Title and Number:97.047
Amount of Federal Funding: $706,825.12
THE FOLLOWING COMPLIANCE REQUIREMENTS 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 NonOProfit 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
15
• 31 CFR Part 205 Rules and Procedures for Funds Transfers
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
• Retrofitting of existing buildings and facilities for shelters
• Mitigation Planning Project
• Other projects that reduce future disaster losses
• Localized Minor Drainage Improvement
• Intermediate Stormwater Drainage System
• Major Flood Control Drainage System
2. Recipient is subject to all administrative and financial requirements as set forth in this
Agreement,or will be in violation of the terms of the Agreement.
16
Attachment Al
Budget and Scope of Work
The Sub-grantee, City of Miami Beach will work with Talmudic University to retrofit the Yeshiva Building
located at 4000 Alton Road Miami Beach, FL 33140. This retrofit will include reinforcing the exterior walls
at all window and door openings, installation of rollup doors on basement openings, upgrading the current
roofing system,which will include additional welding to the steel bar joists(for uplift), installation of
hurricane straps installed from the roof rafters to the bearing wall(on the low end)as well as hurricane
straps to the bar joist system(on the high side), inspect all welding to insure compliance with current
standards All of this work will be in accordance with Florida Building Code and meet the current Notice of
Acceptance(NOA)as required by Miami-Dade County.
The Federal Emergency Management Agency has determined from a programmatic and
technical review that the following items are unique to this project and should be included in the file prior
to initiation of the proposed scope of work.
• Quarterly financial and programmatic progress reports for PDM-C 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.
• Best management practices will be used during project work to minimize soil erosion, sediment
migration and turbidity.
• Any hazardous materials and waste associated with this project will be stored, handled,
transported and disposed in appropriate containers and/or facilities and in accordance with all
applicable local, State and Federal laws and regulations.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 will also be managed in accordance with all applicable
local,State 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, FDEM Environmental Officer, and
DHS/FEMA Region IV Environmental Officer for further guidance. Project activities shall not
resume without verbal and/or written authorization
• The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a
PDM-C Sub-grantee SOW will have to be reviewed by all State and Federal agencies
participating in the NEPA process.
•A change in the scope of work must be approved by the State and FEMA in advance regardless
of the budget implications.
• 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
•No cost overruns will be funded.
17
This Is PDMC-2012, Project 014
Funding Summary:
Federal Share: $706,825.12(74.9999971%)
Local Share: $235,608.41 (25.0000029%)
Total Project Cost: $942,433.53(100.00%)
Line item budget:
Total Project Federal Non-Federal
Cost Share Share
Fees:
Design Fee $ 39,200.00 $ 29,400.00 $ 9,800.00
Materials and Labor:
Construction $903,233.53 $677,425.12 $225,808.41
Total $942,433.53 $706,825.12 $235,608.41
Schedule of work:
Evaluate Bids,Award and Execute Contract 1 Month
Contractor Engineering Submittals 4 Months
Permit Application, Review and Issue Permit 6 Months
Installation and Construction 21 Months
Final Inspection, Punch List,Close—Out 4 months
Total Duration of Proposed Activity 36 months
This award expires June 30,2015
18
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 be 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 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
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 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:
19
r i
1. The property will be dedicated and maintained in perpetuity for a use that is compatible
with open space, recreational,or wetlands management practices;
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 approval for any budget
revision which result in a need for additional funds"(44 CFR 13(c));
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
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
20
i
I
11) 28 CFR applicable to grants and cooperative agreements
12) 42 USC 3789(d)or Victims of Crime Act(as appropriate)
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
21
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 funding source,shall
contain language to provide for termination with reasonable costs to be paid by the Recipient for
eligible 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;
22
I
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 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.C. 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;
Q) 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 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.
23
(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.
(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;
24
(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 to occur.
(m) It will comply with Title IX of the Education Amendments of 1972, as amended(20 U.S.C.: 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.C.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
25
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.C. 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.C.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;
(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);
(ff) 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
26
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.C. 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.
27
Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
PRE DISASTER MITIGATION COMPETITIVE GRANT PROGRAM
RECIPIENT NAME: City of Miami Beach
ADDRESS:
CITY, STATE, ZIP CODE:
PAYMENT No: DEM Agreement No: 13DM-24-11-23-02-281
FEMA Tracking Number: PDMC-PJ-04-FL-2012-014 Invoice Period: to
Eligible Obligated Obligated DEM Use Only
Amount Federal Non-Federal Previous Current
100% 74.9999971% 25.0000029% Payments Request Approved Comments
TOTAL CURRENT REQUEST$
1 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
28
Attachment D
(Continued)
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
PRE DISASTER MITIGATION COMPETITIVE GRANT PROGRAM
Applicant: City of Miami Beach Disaster No.
DEM Agreement No: 13DM-24-11-23-02-281 FEMA Tracking#: PDMC-PJ-04-FL-2012-014
Applicant's Date of DOCUMENTATION Applicant's
Reference No. delivery of List Documentation (Applicant's payroll, material Eligible Costs
(Warrant, articles, out of applicant's stock, applicant owned 100%
Voucher, Claim completion of equipment and name of vendor or contractor) by
Check, or work or category and line item in the approved project
Schedule No.) performance application and give a brief description of the
services. articles or services.
TOTAL
29
i
Attachment E
JUSTIFICATION FOR ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
[ ]ADVANCE REQUESTED
Advance payment of$ is requested. Balance of
payments will be made on a reimbursement basis. These funds are
needed to pay staff,award benefits to clients,duplicate forms and
purchase start-up supplies and equipment. We would not be able to
operate the program without this advance.
If you are requesting an advance,complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS 20 -20 Anticipated Expenditures for First Three Months
(list applicable line items) of Contract
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the
need for the cash advance. The justification must include supporting documentation that clearly
shows the advance will be expended within the first ninety(90)days of the contract term. Support
documentation should include quotes for purchases,delivery timelines, salary and expense
projections, etc.to provide the Division reasonable and necessary support that the advance will
be expended within the first ninety(90)days of the contract term. Any advance funds not
expended within the first ninety(90)days of the contract term shall be returned to the Division
Cashier,2555 Shumard Oak Boulevard,Tallahassee, Florida 32399,within thirty(30)days of
receipt,along with any interest earned on the advance)
30
1
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
PRE DISASTER MITIGATION COMPETITIVE GRANT PROGRAM
QUARTERLY REPORT FORM
RECIPIENT: City of Miami Beach Project Number#: PDMC-PJ-04-FL-2012-014
PROJECT LOCATION DEM ID#: 13DM-24-11-23-02-281
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):
Project Proceeding on Schedule: [] Yes [) No
Describe milestones achieved during this quarter:
I
Provide a schedule for the remainder of work to project completion:
i
Describe problems or circumstances affecting completion date, milestones, scope of work, and cost:
Cost Status: [] Cost Unchanged ] Under Budget Over Budget
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
31
ti
Attachment G
Warranties and Representations
Financial Management
Recipient's financial management system must include 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 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, and 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 the standards by officers,
employees,or agents of the Recipient.
32
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 8:00am to 5:00pm, 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.
33
Attachment H
f ,,s ra y 4 Cert�ficaLion Regarding
���}�t�'j,r�`'•''L f y �/�Y 3-4 k3 n �'� ,i�e,r<:33,tlF L r ';_ k:;t r U f }"4✓s 13x r Y f/.L n,.� .� r.• `�E;'.. 5 y�E:£���yl +�5�!) W�- Y f Y
���yr is}�y✓I:^ ii �r x�}raj `�,,� ��1- Debarment,Suspensipn,.:lneiigibility
/}s �t�3�s};�`� h:YE i,�k} k�.a �r1 .! �.v ,�>"�-•,,, j§,r - ��s i•;�.1 ' � 'r�,�'�j�i.£". 3 f -} H f dn� f J .r:
y ,7 r x ° Andl Vdid Aary Ex'k-ii-r�
8 , `{ 'F k,
3c.
Contractor Covered Transactions
(1) The prospective subcontractor 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 subcontractor is unable to certify to the above statement,the prospective
subcontractor shall attach an explanation to this form.
CONTRACTOR:
By:
Signature Recipient's Name
Name and Title DEM Contract Number
Street Address
City,State,Zip
Date
34
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF MIAMI BEACH,FLORIDA,AND
TALMUDIC UNIVERSITY REGARDING TALMUDIC UNIVERSITY'S
WINDSTORM PRE-DISASTER MITIGATION PROJECT
PURSUANT TO STATE CONTRACT NUMBER PDMC-PJ-04-FL-2012-014
b
This Memorandum of Understanding (the Agreement) is made and executed on this L(,fi
day.S c r k"t _q\ � 2012 (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 Talmudic University, a Florida non-profit corporation with its
principal address at 4000 Alton Road, Miami Beach Florida, 33140 (University).
RECITALS
Whereas, the City, on behalf of the University, proposes to enter into Contract Number,
PDMC-PJ-04-FL-2012-014 ("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.: PDMC-PJ-
04-FL-2012-014, which scope of work is more specifically described in Attachment "Al" to the
State Contract (said Scope of Work may also be collectively referred to herein as the"Project");
and
Whereas, at its regular meetings of November 5, 2008 and June 6, 2012, the Mayor and
City Commission approved Resolution No. 2008-26928 and Resolution No. 2012-27908
(attached and incorporated as Exhibit "2" hereto), which authorized the City to enter into the
State Contract on behalf of the University, subject further to the terms and conditions of this
Agreement; and
Whereas, the University 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 University acknowledges and agrees that,but for the fact that the University
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 University, is an eligible party that can enter into
the State Contract on behalf of the University, the City would not otherwise be entering into said
Contract; and
Whereas, accordingly, the City and University wish to enter into this Agreement for the
express purpose of the University indemnifying, holding harmless, and otherwise assuming, on
behalf of the City, any liability that the City may have as a result of the University's failure to
prosecute and complete any work required under the State Contract, or as a result of the
University's failure to comply, on behalf of the City, with any term or condition of the State
Contract, as if the University itself were a party thereto (instead of the City).
Page 1 of 5
' 1
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 University's compliance with
all requirements under the State Contract, and to ensure that the University, and not the City, shall
be the ultimate party responsible for complying with the terms and conditions of the State
Contract. Accordingly, the University hereby agrees to be fully responsible and liable for any act
or omission under the State Contract, as if the University — and not the City — were a party
thereto.
3 University's Obligations.
a) The University 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 "Al" to the State
Contract). Notwithstanding the preceding, and without limitation, the University 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 University 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 University agrees to be bound by all applicable State and federal laws and
regulations.
c) The University 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 University 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 University shall retain sufficient records for
an audit.
d) The University shall provide a written 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 University shall provide the Certification Regarding Debarment, Suspension and
Ineligibility and Voluntary Exclusion Form, as required under the State Contract.
f) The University shall comply with the requirements of the Budget and Scope of Work
(as described in Attachment "Al" to the State Contract) regarding the requirement of matching
Page 2 of 5
� i
funds. The University acknowledges that the Project contemplated under the Scope of Work
requires a non-federal match, in the amount of$235,608.41, and agrees to contribute the required
non-federal match, in the amount of $235,608.41, to this Project. The University further
acknowledges and agrees that this non-federal match("Local Share")will not be reimbursed.
g) The University 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 University's payment of
Project expenses, in the amount of $942,433.53 (which amount includes the State Contract
funds, in an amount not to exceed $706,825.12, and the University's required Local Share, in the
amount of$235,608.41).
h) The University 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 University, in an amount determined.by the State but not
to exceed $706,825.12. 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
University or to third parties (including, without limitation, any contractors or subcontractors
retained by the University 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.
i)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 University shall immediately reimburse to
the City any and all such disallowed and/or unapproved costs previously provided by the City.
j) The University shall own, maintain and repair the scope of work (such scope of work
as described in Attachment"Al" to the State Contract) and shall follow procurement procedures
approved by the State DEM.
4 Indenmification.
The University 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 University, 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 arising
out of, relating to, or resulting from the State Contract and/or this Agreement. The University
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 University agrees and acknowledges that, but for the University's need to prosecute
and complete the Scope of Work contemplated under the State Contract for the continued
Page 3 of 5
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
into the State Contract, and is doing so for the sole and express purpose of assisting the
University and for the University's sole benefit.
Accordingly, and in addition to (and without limiting) the indemnification provision in the
preceding paragraph, the University 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 University 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 University and/or its officers, directors, employees, contractors, agents,
net losses which may be
successors or assigns, or of any other third parties), and/or(3) any monetary y
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 University'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 University against any gross negligence
or willful misconduct by any of the City Indemnitees.
contained in this Agreement, any and each of the University's
Notwithstanding anything �'
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 courier(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
Page 4 of 5
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.
If to the University: Rabbi Yitzchak Zweig, President
Talmudic University
4000 Alton Road
Miami Beach, Florida 33140
If to the City: City Manager
City of Miami Beach
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 University, that—notwithstanding and Event of
Default under the State Contract which, if incurred, results in termination of such contract, the
University'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 University have caused this Agreement to be executed
by their respective and duly authorized officers the day and year indicated above.
CITY: UNIVERSITY:
CITY OF MIAMI BEACH TALMUDIC UNIVERSITY
B .
y By.
ATTEST: ATTE T:
Bey �z
.By: By:
VVVV
KGB/J
APPROVED AS TO
NCORP ORATED: FORM & LANGUAGE
.I FO ECUTION
�� •�
CH 26
Page Ci ttorne �� Date
�1
e
G6 99
Exhibit 1
State Contract
Exhibit "2"
City ®f Miami Beach Resolutions
RESOLUTION NO, 2012-27909
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 $706,625.12,
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 555 171'
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
i
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.
l
PASSED and ADOPTED this (D� day of J14 he, , 2012
ATTEST:
vk%
CITY CLERK
JMG/KGB/JMH
T:IAGENDM201216-6-121Talmudic Reso.doc
�'.IND�RP pRA�ED=
APPROVED AS To
FORM& LANGUAGE
&FOR EXECUTION
1�
ttoM46
r
RESOLUTION NO. 2008-26928
A RESOLUTION APPROVING AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO SUBMIT THE FOLLOWING
GRANT FUNDING REQUESTS: 1) FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) PRE-DISASTER MITIGATION
AND HAZARD MITIGATION FUNDS IN AN AMOUNT NOT TO
EXCEED $1,000,000 FOR PROTECTIVE GLASS AND
SHUTTERS AT BUILDINGS THROUGHOUT THE CITY; 2)
RETROACTIVE APPROVAL FOR THE MIAMI-DADE COUNTY
TOURIST DEVELOPMENT GRANT PROGRAM FOR FUNDING,
IN AN AMOUNT NOT TO EXCEED $15,000 FOR FESTIVAL OF
THE ARTS, 2009; 3) RETROACTIVE APPROVAL FOR THE
MIAMI-DADE COUNTY COMMUNITY GRANTS PROGRAM FOR.
FUNDING, IN AN AMOUNT NOT TO EXCEED $10,000 FOR
FESTIVAL OF THE ARTS, 2009; AND, 4) URBAN AREA
SECURITY INITIATIVE (UASI) FUNDING IN AN AMOUNT NOT
TO EXCEED $500,000 FOR HOMELAND SECURITY NEEDS
CITYWIDE; AND APPROVING THE EXECUTION OF THE
FOLLOWING TWO LOCAL AGENCY PROGRAM
AGREEMENTS: 1) LOCAL AGENCY PROGRAM AGREEMENT
WITH FLORIDA DEPARTMENT OF TRANSPORTATION, FOR
FUNDING IN AN AMOUNT NOT TO EXCEED $490,000 FOR THE
DADE BLVD BIKE PATH; AND, 2) LOCAL AGENCY PROGRAM
AGREEMENT WITH FLORIDA DEPARTMENT OF
TRANSPORTATION FOR FUNDING IN AN AMOUNT NOT TO
EXCEED $705,000 FOR THE MIDDLE BEACH RECREATIONAL
CORRIDOR PROJECT; FURTHER APPROPRIATING ALL THE
ABOVE GRANTS, AGREEMENTS AND MATCHING FUNDS, IF
APPROVED AND ACCEPTED BY THE CITY; AND
AUTHORIZING THE EXECUTION OF ALL NECESSARY
DOCUMENTS RELATED TO THESE APPLICATIONS AND
AGREEMENTS BY THE CITY MANAGER OR HIS DESIGNEE.
WHEREAS, the Pre-Disaster Mitigation (PDM) program was authorized by §203
of the Robert T. Stafford Disaster Assistance and Emergency Relief Act (Stafford Act),
42 USC and funding for the program is provided through the National Pre-Disaster
Mitigation Fund; and
WHEREAS, both the PDM program and the Hazard Mitigation Grant Program
(HMGP) were created to assist States and local governments in implementing cost-
effective hazard mitigation activities that complement comprehensive mitigation
programs, reduce injuries, loss of life, and damage and destruction of property; and
WHEREAS, the Administration proposes submitting two applications for PDM
and HMGP funds, the first, to install protective glass and shutters at the following
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proposed locations: the 21s' Street Community Center, 555 1r Street and . 1701
Meridian Avenue building (aka 777 building), and the second application will be on
behalf of the Talmudic University to install protective glass and shutters at the 4000
Alton Road location; and
WHEREAS, FEMA regulations state that private non-profit (PNP) organizations
and private 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 private entity; and
WHEREAS, the Talmudic University has requested that the City submit an
application on their behalf, the City's application will be listed as Priority 1 and the
University as Priority 2 for funding and, the University, if awarded, will manage and
assume full responsibility of their grant, project and matching funds requirement; and
WHEREAS, a 25% match is required of this grant, the City will utilize matching
funds in an amount not to exceed $250,000 and the source of the match is to be
determined upon award of the grant; and
WHEREAS, this project supports the Key Intended Outcome: Ensure well-
maintained facilities; and
WHEREAS, approval is requested to submit grant applications to the Federal
Emergency Management Agency (FEMA) Pre-Disaster Mitigation Program and Hazard
Mitigation Fund Program for funding in an amount not to exceed $1,000,000 for
protective glass and shutters at buildings throughout the city; and
WHEREAS, Miami-Dade County's Tourist Development Council (TDC) serves as
a catalyst to promote Miami-Dade County as a tourist destination by encouraging and
investing in outstanding tourism-oriented cultural and special events that distinguish our
destination as a world class center, and
WHEREAS, the Miami Beach Festival of the Arts will be celebrating its 35"'year
on February 7 and 8 2009 and is the premier tourist event in North Beach; and
WHEREAS, the grant requires matching funds in the amount of $15,000 which
will be provided from corporate support donated to the program; and
WHEREAS, this program supports the key intended outcome: Increase
community rating of cultural activities; and
WHEREAS, retroactive-approval is requested to submit a grant application to
Miami-Dade County Department of Cultural Affairs for the FY 2008/09 Tourist
Development Council Program for funding in an amount not to exceed $15,000 for the
Miami Beach Festival of the Arts, 2009; and
WHEREAS, funded by Miami-Dade County, the Community Grants Program
funds projects with community involvement and a strong community outreach
component; and
WHEREAS, the grant requires matching funds in the amount of$10,000, which
are available from corporate support donated to this project; and
WHEREAS this program supports the key intended outcome: Increase
community rating of cultural activities; and
i
WHEREAS, retroactive approval is requested to submit a grant application to
Miami-Dade County Department of Cultural Affairs for the FY 2008/09 Community
Grants Program for funding in an amount not to exceed $10,000 for the Miami Beach
Festival of the Arts, 2009; and
WHEREAS, the Urban Area Security Initiative (UASI) is funded through the
Department of Homeland Security (DHS), under the Homeland Security Grant Program
to enhance the ability of state and local government to prevent, protect against, respond
to and recover from terrorist attacks and other disasters; and
WHEREAS, the federal government allocates funding to the different Urban
Area groups based on a risk-based methodology and the City of Miami Beach receives
UASI funding as part of the allocation for the Miami Urban Area; and
WHEREAS, the City anticipates submitting an application for UASI funding an
amount not to exceed $500,000;and
WHEREAS, no matching funds are required from the City; and
WHEREAS, this project supports the key intended outcome: Increase resident
ratings of public safety services; and
WHEREAS, in addition to the above grant funding requests, the Administration
requests approval to execute the following two agreements; and
WHEREAS, retroactive approval to submit the following grant applications to the
Urban Areas Security Initiative (UASI) program in an amount not to exceed $500,000 for
FY 2009 funding; and
WHEREAS, the Dade Boulevard Bike Path will create a multi-purpose public
access corridor on the south side of Dade Boulevard between Purdy Avenue to the 23rd
Street Bridge, adjacent to the Collins Canal and will serve as a connection to businesses,
residential areas, schools, parks, and beaches to promote alternative transportation via
bicycling or walking; and
WHEREAS, the Local Agency Program agreement with Florida Department of
Transportation will provide funding for construction of the Bike Path.; and
WHEREAS, this project supports the key intended outcome enhance mobility
throughout the City; and
WHEREAS, approval is requested for the City Manager or his designee to
execute a Local Agency Program Agreement with Florida Department of Transportation,
for funding in an amount not to exceed $490,000 for the Dade Blvd Bike Path; and
WHEREAS, the Middle Beach Recreational Corridor, Phase 1, consists of the
construction of an on-grade pedestrian walkway in the middle coastal area of Miami
Beach, and the project is part of the Atlantic Greenway project
WHEREAS, the Local Agency Program agreement with Florida Department of
Transportation will provide funding for construction of the Middle Beach Recreational
Corridor.; and
WHEREAS this project supports the key intended outcome enhance mobility
throughout the City.
WHEREAS, matching funds are not required for either of the above two Local
W g �
Agency Program Agreements; and
WHEREAS, approval is requested for the City Manager or his designee to execute a
Local Agency Program Agreement with Florida Department of Transportation, for
funding in an amount not to exceed $705,000 for the Miami Beach Recreational Corridor
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 submit the following grant applications: 1)
Federal Emergency Management Agency (FEMA) Pre-Disaster Mitigation and Hazard
Mitigation funds for the protective glass and shutters at buildings throughout the city; 2)
Retroactive approval for the Miami-Dade County Tourist Development Grant Program for
funding, in an amount not to exceed $15,000 for Festival of the Arts, 2009; 3)
Retroactive approval for the Miami-Dade County Community Grants Program for
funding, in an amount not to exceed $10,000 for Festival of the Arts, 2009; and, 4)-Urban
Area Security Initiative (UASI) funding in an amount not to exceed $500,000 for
homeland security needs citywide; and approving the execution of the following two local
agency program agreements: 1) Local Agency Program Agreement with Florida
Department of Transportation, for funding in an amount not to exceed $490,000 for the
Dade Blvd Bike Path; and, 2) Local Agency Program Agreement with Florida
Department of Transportation for funding in an amount not to exceed $704,000 for the
Middle Beach Recreational Corridor project; further appropriating all the above grants
and matching funds, if approved and accepted by the city; and authorizing the execution
of all necessary documents related to these applications by the city manager or his
designee.
PASSED and ADOPTED this 5th day of November , 2008
A EST:
MAfrof
Matti Herrera Bower
CITY CLERK
Robert Parcher
JMG/KGB/JMH
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