Modification of Subgrant Agreement with Emergency Management 06292016 aoa .27 S2
Contract Number: 11 HM-2Y-11-23-02-003
Project Number: 1561-174-R
MODIFICATION TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
CITY OF MIAMI BEACH
This Modification Number Five made and entered into by and between the State of
Florida, Division of Emergency Management ("the Division"), and the City of Miami Beach ("the
Recipient")to modify Contract Number 11 HM-2Y-11-23-02-003, dated November 15, 2010,
("the Agreement").
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to
which the Division has provided a subgrant to the Recipient under the Hazard Mitigation Grant
Program of$550,313.00, in Federal Funds; and
WHEREAS, the Division and the Recipient desire to modify the Agreement; and
WHEREAS, the Agreement expired on November 30, 2015; and
WHEREAS, the Division and the Recipient desire to reinstate and extend the terms of
the Agreement.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained
herein, the parties agree as follows:
1. The Agreement is hereby reinstated and extended as though it had never expired.
2. Paragraph 3 of the Agreement is hereby amended to read as follows:
(3) PERIOD OF AGREEMENT
This Agreement shall begin August 7, 2010 and shall end June 30, 2016, unless
terminated earlier in accordance with the provisions of Paragraph(12) of this
Agreement.
3. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as
set forth in 5th Revision Attachment A to this Modification, a copy of which is attached
hereto and incorporated herein by reference.
4. All provisions of the Agreement being modified and any attachments in conflict with this
Modification shall be and are hereby changed to conform with this Modification, effective
on the date of execution of this Modification by both parties.
5. All provisions not in conflict with this Modification remain in full force and effect, and are
to be performed at the level specified in the Agreement.
6. Quarterly Reports are due to the Division no later than 15 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the
administrative close-out report. The ending dates for each quarter of the program year
are March 31, June 30, September 30 and Decem be r 31.
IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the
dates set out below.
RECIPI T: CITY Of MIAMI BEACH
By:
Imo_ I►�
Name a' d Title::CI Meny L. MORALES C.IT MANAGE-k
- Date: (s (G ( 6
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
V` � Cl
By; Miles E. Anderson, for
Name and Title: Bryan W. Koon, Director
Date: r l6 h1 f It
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
G-)_..)z
ity Attorney y c Date
,
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Attachment A (5th Revision)
Budget and Scope of Work
STATEMENT OF PURPOSE
The purpose of this Scope of Work (SOW) is to provide protection to the City of Miami Beach,
Florida; funded through the Hazard Mitigation Grant Program (HMGP) DR-1561-174-R, as
approved by the Florida Division of Emergency Management (Division) and the Federal
Emergency Management Agency (FEMA). The project is for hardening activities as a retrofit
measure for the Recipient's buildings to reduce and/or mitigate the damage that might
otherwise occur from severe weather or other hazards.
The City of Miami Beach (Recipient) agrees to administer and complete the project per
engineering designs and plans as submitted by the Recipient and subsequently approved by
the Division and FEMA. The Recipient shall complete the work in accordance with all applicable
Federal, State and Local Laws, Regulations, and Codes.
PROJECT OVERVIEW:
As a Hazard Mitigation Grant Program project, the Recipient, the City of Miami Beach shall
wind retrofit two (2) Municipal Buildings, by installing a wind abatement system to protect the
envelope of each building. The abatement system consists of impact resistant glass on all
windows and doors openings for the following Municipal Buildings:
1. 777 Building located at 1701 Meridian Avenue, Miami Beach, FL 33139;
2. Fleet Management building located at 140 MacArthur, Miami Beach, FL 33139;
Glazing in buildings shall be impact resistant or protected with an impact resistant covering
meeting the requirements of SSTD 12, ASTM E 1886 and ASTM E 1996, ANSI/DASMA
115 (for garage doors and rolling doors) or Miami-Dade TAS 201, 202 and 203 or AAMA
506 referenced therein as follows:
a) Glazed openings located within 30 feet (9.1 m) of grade shall meet the
requirements of the Large Missile Test.
b) Glazed openings located more than 30 feet (9.1 m) above grade shall meet
the provisions of the Small Missile Test.
c) Louvers protecting intake and exhaust ventilation ducts not assumed to be
open that are located within 30 feet (9144 mm) of grade shall meet
requirements of the Large Missile Test.
Impact-resistant coverings shall be tested at 1.5 times the design pressure (positive or
negative) expressed in pounds per square feet as determined by the Florida Building Code,
Building Section 1609 for which the specimen is to be tested.
If deemed necessary, wind protection will be provided on any other openings such as skylights,
vents, louvers and exhaust fans. The components used for this wind retrofit will be done in strict
compliance with the Florida Building Code. All materials will be certified to meet the wind and
impact standards of the current local codes. The local municipal or county building department
will inspect and certify installation according to the manufacture's specification, and ensure that
the above referenced standards have been met.
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TASKS&DELIVERABLES:
A. Tasks
1) The Recipient shall procure the services of a qualified and licensed Florida contractor and
execute a contract with the selected bidder to complete the scope of work as approved by
the Division and FEMA. The Recipient shall select the qualified, licensed Florida contractor
in accordance with the Recipient's procurement policy as well as all Federal and State Laws
and Regulations. All procurement activities shall contain sufficient source documentation
and be in accordance with all applicable regulations.
The Recipient shall be responsible for furnishing or contracting all labor, materials,
equipment, tools, transportation and supervision and for performing all work per sealed
engineering designs and construction plans presented to the Division by the Recipient and
subsequently approved by the Division and FEMA.
The Recipient and contractor shall be responsible for maintaining a safe and secure
worksite for the duration of the work. The contractor shall maintain all work staging areas
in a neat and presentable condition.
The Recipient shall ensure that no contractors or subcontractors are debarred or suspended
from participating in federally funded projects.
The selected contractor shall have a current and valid occupational license/business tax
receipt issued for the type of services being performed.
The Recipient shall provide documentation demonstrating the results of the procurement
process. This shall include a rationale for the method of procurement and selection of
contract type, contractor selection and/or rejection and bid tabulation and listing, and the
basis of contract price.
The Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary
Exclusion Form" for each contractor and/or subcontractor performing services under this
agreement.
Executed contracts with contractors and/or subcontractors shall be provided to the Division
by the Recipient.
The Recipient shall provide copies of professional licenses for contractors selected to
perform services. The Recipient shall provide a copy of a current and valid occupational
license or business tax receipt issued for the type of services to be performed by selected
contractor.
2) The Recipient shall monitor and manage the procurement and installation of all opening
protection products in accordance with the HMGP application and associated
documentation as presented to the Division by the Recipient and subsequently approved
by the Division and FEMA. The Recipient shall ensure that all applicable State, Local and
Federal Laws and Regulations are followed and documented, as appropriate.
The project shall protect the building from windblown debris resulting from high wind storms
which shall allow the function of the structures to continue following a severe wind event.
The structure shall upgrade to meet Florida Building Code and/or Miami Dade
Requirements, includes all exterior openings.
The Recipient shall fully perform the approved project, as described in the application, in
accordance with the approved scope of work indicated herein, the estimate of costs
indicated herein, the allocation of funds indicated herein, and all applicable terms and
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conditions. The Recipient shall not deviate from the approved project terms and conditions.
Upon completion of the work, the Recipient shall schedule and participate in a final
inspection of the completed project by the local municipal or county building department
(official), or other approving official, as applicable. The official shall inspect and certify that
all installation was in accordance with the manufacturer's specifications. Any deficiencies
found during this final inspection shall be corrected by the Recipient prior to Recipient's
submittal of the final inspection request to the Division.
Upon completion of Task 2, the Recipient shall submit the following documents with
sufficient supporting documentation, and provide a summary of all contract scope of work
and scope of work changes, if any. Additional documentation shall include:
a) Copy of permit(s), notice of commencement;
b) Local Building Official Inspection Report and Final Approval;
c) Certified Letter of Completion from Engineer of Record: The Recipient's Engineer of
Record shall provide a formal certificate or letter affirming that the project has been
completed in conformance with the approved project drawings, specifications, and
codes, Florida Building Code or Miami Dade, as applicable;
d) Product Specifications satisfying protection requirements on all products utilized, and
provide to the Division;
e) All Project Conditions and Requirements contained herein;
f) Florida Master Site File Historic Structure Form and location map, as applicable;
3) During the course of this agreement the Recipient shall submit requests for reimbursement.
Adequate and complete source documentation is required to be submitted to support all
costs (federal share and local share) related to the project. In some cases, all project
activities may not be fully complete prior to requesting reimbursement of costs incurred in
completion of this scope of work; however, a partial reimbursement may be requested.
The Recipient shall submit an Affidavit signed by the Recipient's project personnel with
each reimbursement request, attesting to the completion of the work, disbursements or
payments were made in accordance with all agreement and regulatory conditions, and that
reimbursement is due and has not been previously requested.
The Recipient must maintain accurate time records. The Recipient must ensure invoices
are accurate and any contracted services were rendered within the terms and timelines of
this agreement. All supporting documentation must agree with the requested billing period.
All costs submitted for reimbursement must contain adequate source documentation which
may include but not be limited to: cancelled checks, bank statements, Electronic Funds
Transfer, paid bills and invoices, payrolls, time and attendance records, contract and
subcontract award documents.
Construction Expense: The Recipient shall pre-audit bills, invoices, and/or charges
submitted by the contractors and subcontractors and pay the contractors and
subcontractors for approved bills, invoices, and/or charges. Recipient shall ensure that all
contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify
the activities being performed and associated costs.
Project Management Expenses: The recipient shall pre-audit source documentation such
as payroll records, project time sheets, attendance logs, etc. Documentation shall be
detailed information describing tasks performed, hours devoted to each task, and the hourly
rate charged for each hour including enough information to calculate the hourly rates based
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on payroll records. Employee benefits must be clearly shown.
Administrative Expenses: The recipient shall pre-audit source documentation such as
payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed
information describing tasks performed, hours devoted to each task, and the hourly rate
charged for each hour including enough information to calculate the hourly rates based on
payroll records. Employee benefits must be clearly shown.
The Division shall review all submitted requests for reimbursement for basic accuracy of
information. Further, the Division shall ensure that no unauthorized work was completed
prior to the approved project start date by verifying vendor and contractor invoices. The
Division shall verify that reported costs were incurred in the performance of eligible work,
that the approved work was completed, and that the mitigation measures are in compliance
with the approved scope of work prior to processing any requests for reimbursement.
Review and approval of any third party in-kind services, if applicable, shall be conducted by
the Division in coordination with the Recipient. Quarterly Reports must be submitted by the
Recipient and received by the Division at the times provided in this agreement prior to the
processing of any reimbursement.
The Recipient shall submit to the Division requests for reimbursement of actual construction
and managerial costs related to the project as identified in the project application, and plans.
The requests for reimbursement shall include:
a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of
services performed, description of services performed, location of services performed,
cost of services performed, name of service provider and any other pertinent
information;
b) Proof of payment from the Recipient to the contractor, subcontractor, and/or vendor for
invoiced services;
c) Clear identification of amount of costs being requested for reimbursement as well as
costs being applied against the local match amount;
The Recipient's final request for reimbursement shall include the final construction project
cost. Supporting documentation must show that all contractors and subcontractors have
been paid.
B. Deliverables
Mitigation Activities consist of providing protection to the 777 Building located at 1701
Meridian Avenue, Miami Beach, FL 33139 and Fleet Management building located at 140
MacArthur, Miami Beach, by installing a wind abatement system to protect the envelope of
each building. The abatement system consists of impact resistant glass on all windows and
doors openings.
Wind protection shall be provided on all exterior openings, such as skylights, vents, louvers
and exhaust fans on each building. All installation shall be done in strict compliance with
the Florida Building Code and all materials shall be certified to meet the wind and impact
standards.
The materials and work funded pursuant to this Subgrant Agreement are intended to
decrease the vulnerability of the building to property losses and are specifically not intended
to provide for the safety of inhabitants before, during or after a natural or man made disaster.
The funding provided by the Division of Emergency Management under this subgrant shall
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compensate for the materials and labor for the installation of storm shutters and/or other
hardening activities as a retrofit measure for the Recipient's building to reduce and/or
mitigate the damage that might otherwise occur from severe weather or other hazards. The
funding of this project by the Department does not confer or imply any warranty of use or
suitability for the work performed pursuant to this agreement. The State of Florida disclaims
all warranties with regard to this mitigation project, express or implied, including but not
limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a
particular purpose, merchantability, or merchantable quality.
This project has not been evaluated by the criteria contained in the standards of the
Department of Homeland Security, Federal Emergency Management Agency (FEMA)
guidance manual FEMA 361-Design and Construction for Community Shelter, and thus
does not provide"near absolute protection." It is understood and agreed by the Department
and the Recipient that the building may have vulnerabilities due to age, design and location
which may result in damage to the building from wind events even after the installation of
the mitigation measures funded under this Subgrant Agreement. It is further understood
and agreed by the Department and the Recipient that the level of wind protection provided
by the mitigation action, although meeting State standards and codes and enhancing the
structural integrity of the building, does not ensure the safety or survival of building
occupants.
Provided the Recipient performs in accordance with the Scope of Work outlined in this
Agreement, the Division shall reimburse the Recipient based on the percentage of overall
project completion.
PROJECT CONDITIONS AND REQUIREMENTS:
C. Engineering
1) All installations shall be done in strict compliance with the Florida Building Code or Miami
Dade Specifications. All materials shall be certified to meet or exceed the wind and impact
standards of the current local codes.
2) Product Specifications documentation satisfying protection requirements for all products
utilized, shall be provided to the Division for closeout.
3) The Recipient must follow all applicable State, Local and Federal Laws Regulations and
requirements, and obtain (before starting project work) and comply with all required permits
and approvals. Failure to obtain all appropriate Federal, State, and Local permits and
clearances may jeopardize federal funding. Glazing in buildings shall be impact resistant or
protected with an impact resistant covering meeting the requirements of SSTD 12, ASTM E
1886 and ASTM E 1996, ANSI/DASMA 115 (for garage doors and rolling doors) or Miami-
Dade TAS 201, 202 and 203 or AAMA 506 referenced therein as follows:
a) Glazed openings located within 30 feet (9.1 m) of grade shall meet the requirements
of the Large Missile Test
b) Glazed openings located more than 30 feet (9.1 m) above grade shall meet the
provisions of the Small Missile Test.
c) Louvers protecting intake and exhaust ventilation ducts not assumed to be open that
are located within 30 feet (9144 mm) of grade shall meet requirements of the Large
Missile Test.
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4) Impact-resistant coverings shall be tested at 1.5 times the design pressure (Positive or
Negative) expressed in pounds per square feet as determined by the Florida Building Code,
Building Section1609 for which the specimen is to be tested
5) The local municipal or county building department shall inspect the installation according to
the manufacture's specification, and ensure that the above referenced standards have been
- met; documentation provided to the division for closeout.
6) The materials and work funded pursuant to this Subgrant Agreement are intended to
decrease the vulnerability of the building to property losses and are specifically not intended
to provide for the safety of inhabitants before, during or after a natural or manmade disaster.
7) The funding provided by the Division under this subgrant shall compensate for the materials
labor and fees for the hardening activities as a retrofit measure for the Recipient's buildings
to reduce and/or mitigate the damage that might otherwise occur from severe weather or
other hazards. The funding of this project by the Division does not confer or imply any
warranty of use or suitability for the work performed pursuant to this agreement. The State
of Florida disclaims all warranties with regard to this mitigation project, express or implied,
including but not limited to, any implied warranties and/or conditions of satisfactory quality
and fitness for a particular purpose, merchantability, or merchantable quality.
8) This project has not been evaluated by the criteria contained in the standards of the
Department of Homeland Security, Federal Emergency Management Agency guidance
manual FEMA 361-Design and Construction for Community Shelter, and thus does not
provide "near absolute protection". It is understood and agreed by the Division and the
Recipient that the building may have vulnerabilities due to age, design and location which
may result in damage to the building from wind events even after the installation of the
mitigation measures funded under this Subgrant Agreement. It is further understood and
agreed by the Division and the Recipient that the level of wind protection provided by the
mitigation action, although meeting State standards and codes and enhancing the structural
integrity of the building, does not ensure the safety or survival of building occupants.
D. Environmental:
1) The Recipient must follow all applicable State, Local and Federal Laws Regulations and
requirements, and obtain (before starting project work) and comply with all required permits
and approvals. Failure to obtain all appropriate Federal, State, and Local environmental
permits and clearances may jeopardize federal funding.
2) If any ground disturbance activities occur during construction, the Recipient shall monitor
ground disturbance during construction, and if any potential archeological resources are
discovered, shall immediately cease construction in that area and notify the Division and
FEMA.
3) The building may be of local significance; the State Historical State Historic Preservation
Officers(SHPO) has requested that the Recipient submit a completed Florida Master Site File
Historic Structure Form and location map. Provide evidence of submittal at Project close-out.
4) Any changes to the approved mitigation measure or scope of work shall require resubmission
to the Division and FEMA; and shall require revaluation for compliance with the National
Environmental Protection Act (NEPA) and Section 106 of the National Historic Preservation
Act — NHPA prior to initiation of any work. Non-compliance with these requirements may
jeopardize FEMA's ability to fund this project. A change in the scope of work MUST be
approved by the Division and FEMA in advance regardless of the budget implications.
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5) Construction vehicles and equipment used for this project shall be maintained in good working
order to minimize pollutant emissions.
6), Before work begins on the historic properties located at 1701 Meridian Avenue, the following
conditions must be reviewed and approved by the State Historic Preservation Office for the
replacement windows to be installed in the two historic properties
1. Comparative profiles (elevation and section) with dimensions of the existing
historic windows with the new units
2. Detailed photographs of all existing and replacement window units keyed to a
photograph or plan sheet
3. Color samples for the proposed replacement units.
This documentation may be required at project closeout so that a Resolution of Adverse Effect
can be completed by the SHPO.
E. Programmatic:
1) The Recipient must notify the Division as soon as significant developments becomes
known, such as delays or adverse conditions that might raise costs or delay completion, or
favorable conditions allowing lower costs or earlier completion.
2) The Recipient must"obtain prior written approval for any budget revision which would result
in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA.
3) Any extension of the Period of Performance must be submitted to FEMA, 60 days prior to
the expiration date. Therefore, any request for a Period of Performance Extension must be
in writing and submitted along with substantiation of new expiration date, and a new
schedule of work, to the Division a minimum of seventy (70) days prior to the expiration
date, for Division processing to FEMA.
4) The Recipient must avoid duplication of benefits between the HMGP and any other form of
assistance, as required by Section 312 of the Stafford Act, and further clarification in 44
CFR 206.191.
FINANCIAL CONSEQUENCES:
If the Recipient fails to comply with any term of the award, the Division shall take one or more of
the following actions, as appropriate in the circumstances:
1) Temporarily withhold cash payments pending correction of the deficiency by the Recipient;
2) Disallow all or part of the cost of the activity or action not in compliance;
3) Wholly or partly suspend or terminate the current award for the Recipient's program;
4) Withhold further awards for the program; or
5) Take other remedies that may be legally available.
This is FEMA Project 1561-174-R, funded under 1561-DR-FL.
The Period of Performance for this project ends on June 30, 2016.
Schedule of Work
State Contracting: 6 Months
Design and permitting: 6 Months
Bidding: 5 Months
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Construction: 41 Months
Weather Delays: 1 Month
Final Inspection/Close-out: 11 Months
Total Period of Performance 70 Months
Budget
Line Item Budget*
Project Cost Federal Share Local Share
777. Building: $486,539.00 $ 364,904.00 $ 121,635.00
Fleet Management Building: $ 226,855.00 $ 170,141.00 $ 55,714.00
Sub-Total: $ 713,394.00 $ 535,045.00 $ 178,349.00
Administrative Cost: $ 0.00 $ 15,268.00 $ 0.00
Total: $ 713,394.00 $ 550,313.00 $ 178,349.00
* Any line item amount in this Budget may be increased or decreased 10% or less without an
amendment to this Agreement being required, so long as the overall amount of the funds obligated
under this Agreement is not increased.
Funding Summary
Federal Share: $535,045.00 (75%)
Local Share: $178,349.00 (25%)
Total Project Cost $713,394.00 (100%)
Recipient Administrative Allowance up to $15,268.00
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