2016-29597 Reso RESOLUTION 2016-29597
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE ATTACHED MEMORANDUM
OF UNDERSTANDING (MOU) BETWEEN THE CITY AND MOUNT SINAI
MEDICAL CENTER OF FLORIDA, INC (THE HOSPITAL); SAID MOU
ENCUMBERING $2,000,000 OF STATE GRANT FUNDS, SECURED BY THE
HOSPITAL, FOR THE CITY (AS NON-FEDERAL SPONSOR OF THE
HOSPITAL) TO ALLOCATE TO THE U.S. ARMY CORPS OF ENGINEER'S
CONTINUING AUTHORITIES PROGRAM (CAP) PROJECT, ENTITLED
"CITY OF MIAMI BEACH, MOUNT SINAI MEDICAL CENTER, SECTION 14
PROJECT", FOR THE REHABILITATION OF THE SEAWALL AT 4300
ALTON ROAD, WITH THE HOSPITAL ASSUMING ALL FINANCIAL
RESPONSIBILITY FOR THE PROJECT, AND FURTHER INDEMNIFYING
THE CITY IN CONNECTION WITH SAID MOU.
WHEREAS, on April 9, 2014, the Mayor and City Commission adopted Resolution No.
2014-28535, authorizing the City to serve as the "Non-Federal Sponsor"for Mount Sinai Medical
Center of Florida, Inc. (the "Hospital"), pertaining to the Hospital's application for a grant from
the United States Army Corps of Engineers ("USACE") Continuing Authorities Program ("CAP")
for the restoration of the seawall at the Hospital's location, 4300 Alton Road (the "Project"); and
WHEREAS, this Project, entitled "City of Miami Beach, Mount Sinai Medical Center,
Section 14 Project," is being conducted under the authority of Section 14 of the 1946 Flood
Control Act, as amended, which section is entitled "Streambank and Shoreline Erosion
Protection of Public Works and Non-Profit Public Services;" and
WHEREAS, Section 14 is designed to implement projects to protect public facilities
and facilities owned by non-profit organizations used to provide public services that are open to
all on equal terms. These facilities must have been properly maintained but be in imminent
threat of damage or failure by natural erosion processes on stream banks and shorelines, and
are essential and important enough to merit federal participation in their protection; and
WHEREAS, each of the phases of this CAP Project is associated with a portion of the
total project cost, which is cost shared at 65 percent Federal funding and 35 percent non-
Federal funding, with the Federal funding limit capped at $5 million; and
WHEREAS, each of the phases of this CAP Project is associated with a cost-share
agreement, with the first of which is the Feasibility Cost Share Agreement, dated September 25,
2015, between the City and USACE, for the feasibility study; and the second agreement (the
Project Partnership Agreement, will be executed at a later date and will outline the cost-sharing
obligations for the design and construction phases; and
WHEREAS, the total project cost is estimated to be $7,692,307.69; and
WHEREAS, of this total cost estimate, the funding has been or will be provided
pursuant to the financial responsibilities as set forth in the Feasibility Cost Share Agreement and
subsequent cost sharing agreements, between the City and USACE, for the CAP project
funding, as follows:
A. federal funds to cover 65% of the total project cost, which is capped at
$5,000,000;
B. the Hospital has advanced $106,250 toward the feasibility study phase of the
Project;
C. the State of Florida Department of Health ("FDOH") fixed capital outlay grant,
totaling $2,000,000, pursuant to a Memorandum of Understanding (MOU), dated
September 1, 2015, between the Hospital and the FDOH, which funding shall be
used by the Hospital toward the non-federal match portion of 35% of the total
project cost; and
D. "in-kind" credits provided to cover the remaining portion of the non-federal match
of 35% of the total project cost, if any; and
WHEREAS, in order to appropriate the FDOH funds for fiscal year 2014-15 under
General Revenue Item 481A, as proof of match for the Project, FDOH requires a commitment to
release the funds; and
WHEREAS, the Administration recommends the approval of the proposed
Memorandum of Understanding (MOU) between the City and the Hospital, incorporated herein
by reference and attached hereto as Exhibit "A"; and
WHEREAS, pursuant to the essential terms of the MOU, the Hospital agrees to: (1)
draw down the $2,000,000 FDOH funds and hold the hold the funds in an escrow account for
the Project, until such time as the USACE requests payment from the City; (2) compensate the
City for administrative and audit costs in the amount of one (1) percent of the $2,000,000
matching, non-federal funds; (3) assume full financial responsibility; and (4) indemnify and hold
the City harmless.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby
approve and authorize the Mayor and City Clerk to execute the attached Memorandum of
Understanding (MOU) between the City and Mount Sinai Medical Center of Florida, Inc. (the
Hospital); said MOU encumbering $2,000,000 of state grant funds, secured by the Hospital, for
the City (as non-federal sponsor of the Hospital) to allocate to the U.S. Army Corps of
Engineer's Continuing Authorities Program (CAP) project, entitled "City of Miami Beach, Mount
Sinai Medical Center, Section 14 Project", for the rehabilitation of the seawall at 4300 Alton
Road; with the Hospital assuming all financial responsibility for the Project, and further
indemnifying the City in connection with said MOU.
PASSED and ADOPTED this If _ day of Oc'ober , 2016.
ATTEST:
4,' Q. 17 l % %%%%%%%%%%%%%%
RAFAEL RAFAEL E. RA"•'DO, CI CL �;='. \ B 4 '''i, IP LEVIN.j iF. OR
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CH 26 .,`'` C Curl N
City Attorney q'j Date
AGREEMENT BY AND BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA, AND
MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC.
REGARDING THE CONTINUING AUTHORITIES PROGRAM (CAP), SECTION 14,
CITY OF MIAMI BEACH—MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC.
EMERGENCY STREAMBANK AND SHORELINE PROTECTION PROJECT
This Agreement is made and executed on this day , 2016,
(Effective Date) between the City Of Miami Beach, a municipal corporation of the State of
Florida whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139 ("City"),
and Mount Sinai Medical Center of Florida, Inc., a Florida nonprofit corporation with principal
address of 4300 Alton Road, Miami Beach Florida, 33140 ("Hospital").
RECITALS
WHEREAS, the City has adopted City Resolution No. 2014-28535, authorizing the City
to serve as the Non-Federal Sponsor for the "Emergency Streambank And Shoreline Protection
Project" (hereinafter "Project") on the Hospital's behalf, as required under the United States
Army Corps of Engineers ("USACE") Continuing Authorities Program ("CAP"), Section 14, a
copy of which is attached hereto as Exhibit"A"; and
WHEREAS, this project is being conducted under the authority of Section 14 of the
1946 Flood Control Act, as amended, which section is .entitled "Streambank and Shoreline
Erosion Protection of Public Works and Non-Profit Public Services." Section 14 is designed to
implement projects to protect public facilities and facilities owned by non-profit organizations
used to provide public services that are open to all on equal terms. These facilities must have
been properly maintained but be in imminent threat of damage or failure by natural erosion
processes on stream banks and shorelines, and are essential and important enough to merit
Federal participation in their protection; and
WHEREAS, due to sea level rise, flooding and erosion the Hospital shoreline is eligible
for Project funding; and
WHEREAS, the USACE has issued a Federal Interest Determination report (FID) that
outlines the Project parameters, concerns, possible solutions, etc., as specific to the Mount Sinai
campus; and a copy of said FID is attached hereto as Exhibit B, as it provides the scope of the
work to be completed; and
WHEREAS, the total cost estimate of$7,692,307.69, for mitigating erosion from wind
and stormwater events, by potentially raising and replacing the seawall at the Hospital location;
and
WHEREAS, of the total cost estimate, the Hospital has advanced $106,250.00 toward
planning and design, and as indicated below, the Hospital has obtained a State grant of
$2,000,000, and the CAP funding from USACE is capped at $5,000,000, with the remaining
balance to be provided by the Hospital via"in-kind" services as further delineated below; and
EXHIBIT
A
WHEREAS, each of the phases of this CAP Project is associated with a portion of the
Total Project Cost, which is cost shared at 65 percent Federal funding, and 35 percent non-
Federal funding, with the Federal funding limit capped at $5 million; and
WHEREAS, the City has entered into a Feasibility Cost Share Agreement ("FCSA")
dated September 25, 2015, with the USACE, on behalf of the Hospital, as the non-Federal
Sponsor, a copy of which FCSA is attached hereto as Exhibit "C"; and
WHEREAS, the FCSA requires the completion of a feasibility study for emergency
streambank and shoreline erosion protection along the approximately 3,000 feet long seawall that
bounds the Hospital property on Biscayne Bay waterfront, in compliance with Section 14 of the
Flood Control Act of 1946, as described within the scope of the CAP project delineated in
Exhibit "C" ; and
WHEREAS, the FCSA is the first in a series of cost-share agreements for the
development, design and construction of seawall infrastructure and/or other flooding and erosion
mitigation solutions for the Hospital under the authority of Section 14 of the 1946 Flood Control
Act, as amended— Streambank and Shoreline Erosion Protection of Public Works and Non-Profit
Public Services, with such improvements to be described in a future Partnership Participation
Agreement (PPA) between the USACE and the City, (a copy of the site plan designating the area
for seawall infrastructure and mitigation solutions can be found on page 2 of Exhibit B); and
WHEREAS, the Hospital received a State of Florida Department of Health ("FDOH")
fixed capital outlay grant, totaling $2,000,000, pursuant to a Memorandum of Understanding
(MOU) dated September 1, 2015, between the Hospital and the FDOH, a copy of which is
attached hereto as Exhibit D, which funding shall be used by the Hospital as the non-federal
match portion of the total project cost; and
WHEREAS, through this Agreement, the Hospital encumbers the required $2,000,000
matching funds appropriated by the 'State of Florida in fiscal year 2014-15 under General
Revenue Item 481A, for escrow, as proof of match for the project; and
WHEREAS, the Hospital agrees to transmit to the City, and the City will accept,
documents which shall document acceptable "Work-in-Kind" expenses ("WIK"), which may
reduce the amount of the required matching funds; and
WHEREAS, the FCSA details the technical definition and scope of the in-kind services,
that qualify toward reducing the amount of the required matching funds; and
WHEREAS, the City of Miami Beach agrees to the "pass-through" payment of the
$2,000,000 as outlined in the MOU dated September 1, 2015, between the Hospital and the
FDOH; and
WHEREAS, the City also agrees to pass the payment through to the USACE as agreed
in the cost share agreement(s) with the City and the USACE, the first of which is the FCSA,
dated September 25, 2015 (Exhibit A); and
WHEREAS, the Hospital seeks to appropriate the State funding in order to ensure that
its cost-sharing payment required by the USACE, is allocated to the Project; and
WHEREAS, in order to appropriate the funds, the State requires a commitment to
release the funds; and
WHEREAS, based upon the foregoing attached agreements (Exhibit A through D), the
City is finalizing the Feasibility Cost Share Agreement criteria, and will be processing the design
phase, and thereafter, the final, construction phase; and
WHEREAS, the City requires the Hospital to immediately encumber the $2,000,000
cost-sharing funds the Hospital has obtained from the State, so as to fund the completion of the
Feasibility Cost Share Agreement, hiring the design professionals to prepare the necessary
engineering and construction plans, and to also fund part of the construction of the seawall
(Exhibit E); and
WHEREAS, the funds shall be used for the above designated purposes, consistent with
the intent and contractual agreements, attached to this Memorandum of Understanding(MOU) as
Exhibits A through D; and
WHEREAS, the Hospital shall draw down the state funding and hold the funds in an
escrow agreement, to ensure compliance with all the conditions contained in this MOU, and the
attached grant and funding agreements: and
WHEREAS, the Hospital agrees to fully indemnify and hold the City harmless; and
WHEREAS, the Hospital agrees to assume full financial responsibility, and therefore no
costs will be incurred by the City; and
WHEREAS, the Hospital agrees, as part of its pledge to indemnify the City, to hold the
$2,000,000 for the USACE CAP project until such time as the USACE Jacksonville District
requests payment from the City; and
WHEREAS, the Hospital agrees, to compensate the City for administrative and audit
costs in the amount of one (1) percent of the $2,000,000 matching, non-federal funds.
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 both City's and the Hospital's
consistency and compliance with specified requirements.
3. Indemnification. To the extent allowed by Section 768.28, Florida Statutes, the City and
the Hospital shall indemnify and hold each other and each other's officers, employees, agents and
instrumentalities harmless from any and all liability, losses or damages, including attorneys' fees
and costs of defense, which the Hospital or City and its respective officers, employees, agents, or
instrumentalities 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 performance of this
Agreement.
4. 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.
5. 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 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.
General Counsel
4300 Alton Road— 5 Warner
If to the Hospital Miami Beach, Florida 33139
Alex Mendez
Chief Financial Officer & Executive Vice President
With a copy to: 4300 Alton Road— 5 Warner
Miami Beach, Florida 33139
If to the City City Attorney
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to: Charles Tear
Emergency Management Director
2310 Pine Tree Drive
Miami Beach, Florida 33140
6. Compliance with Federal, State, and Local Law. All parties hereby agree that they
shall comply with all applicable Federal, State, County, and City laws, ordinances and codes,
including the Americans with Disabilities Act, as they apply to this Agreement.
7. Entire Agreement. This Agreement and its Exhibits represent the entire agreement
between the parties.
IN WITNESS WHEREOF, the City and Hospital have caused this Agreement to be executed by
their respective and duly authorized officers the day and year indicated above.
CITY: HOSPITAL:
CITY OF MIAMI BEACH MOUNT SINAI MEDICAL
CENTER OF FLORIDA, INC.
By: By:
Philip Levine Steven D. Sonenreich
Mayor President and CEO
ATTEST: ATTEST:
By: By:
Rafael E. Granado,
City Clerk
Approved as to
Form & Language
& For Execution.
Resolutions - C7 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 19, 2016
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE ATTACHED MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY AND MOUNT SINAI MEDICAL
CENTER OF FLORIDA, INC. (THE HOSPITAL); SAID MOU ENCUMBERING
$2,000,000 OF STATE GRANT FUNDS, SECURED BY THE HOSPITAL, FOR THE
CITY.(AS NON-FEDERAL SPONSOR OF THE HOSPITAL) TO ALLOCATE TO
THE U.S. ARMY CORPS OF ENGINEER'S CONTINUING AUTHORITIES
PROGRAM (CAP) PROJECT, ENTITLED "CITY OF MIAMI BEACH, MOUNT SINAI
MEDICAL CENTER, SECTION 14 PROJECT", FOR THE REHABILITATION OF
THE SEAWALL AT 4300 ALTON ROAD, WITH THE HOSPITAL ASSUMING ALL
FINANCIAL RESPONSIBILITY FOR THE PROJECT, AND FURTHER
INDEMNIFYING THE CITY IN CONNECTION WITH SAID MOU.
RECOMMENDATION
The Administration recommends approving the Resolution.
ANALYSIS
Mount Sinai Medical Center (MSMC) has been identified as an important component of the
City's critical infrastructure. The seawall along the property is in dire need of repair and hospital
officials fear that in its current condition, the seawall would not provide sufficient protection from
a severe weather event. MSMC is the only hospital in the City and it is imperative that the seawall
remain a viable barrier to the elements in order to facilitate continuous hospital operations. It is
also important to note that MSMC serves as an auxiliary emergency operations center and an
emergency shelter for City residents in certain times of crisis. It is therefore necessary to
mitigate any further degradation and damage to MSMC's protective seawall.
MSMC is required to have a non-federal local government sponsor in order to qualify for this
program. On April 9, 2014, the City Commission adopted City Resolution No. 2014-28535, in
which the City of Miami Beach entered into a Cooperative Agreement with MSMC to serve as
their non-Federal sponsor for the emergency streambank and shoreline erosion protection
project along the Bayfront through the U.S. Army Corp of Engineers (USACE), Continuing
Authorities Program (CAP), Section 14, of the Flood Control Act of 1946, as amended. This
Page 561 of 1614
mitigation project aims to provide protection for critical infrastructure, specifically MSMC, from
flooding and storm damages due to erosion. Under this Cooperative Agreement, all work and
costs are assumed by MSMC and therefore, no costs will be incurred by the City of Miami
Beach. This Memorandum of Understanding (MOU) between City of Miami Beach and MSMC
formalizes the financial agreement between the two entities, and specifically addresses the
matching funding source.
On September 1, 2015, MSMC entered into a memorandum of understanding with the State of
Florida Department of Health for funding from Specific Appropriation 481A of the 2014-2015
Appropriations Act, Laws of Florida, "Grants and Aids to Local Governments and Non-state
Entities" in the amount of $2,000,000 to be used for the Seawall Restoration and Flood
Mitigation project outlined within their MOU.
CONCLUSION
The Mayor and/or his designee will be authorized to execute this agreement to obligate the state
grant awarded to MSMC as non-federal matching funds for the USACE project. The seawall
rehabilitation project at this location is imperative to the continuing security and safety of our
residents and visitors and to overall quality of life in the City of Miami Beach.
FINANCIAL INFORMATION
Under Section 103.14 and Section 205 of the Flood Control Act, this project is eligible for
Federal funding in partnership with the non-Federal sponsor. MSMC will assume all costs
required under the cost-sharing agreements entered into with the Federal Government. The City
of Miami Beach will be the representative non-federal sponsor as required by the USACE,
Continuing Authorities Program (CAP). The City will act as a pass-through for funds beings
requested by the USACE and coming from MSMC's state grant.
When the USACE carries out such projects, costs are normally shared by the federal
government and the non-federal sponsor. However, in this instance, MSMC is assuming full
financial responsibility and therefore, no costs will be incurred by the City of Miami Beach. To
this end, MSMC has been awarded a grant from the State of Florida Department of Health in the
amount of $2 million to be used as matching funds for the federal project.
The Total Project Cost is cost shared at 65% Federal and 35% non-Federal sponsor, with the
Federal limit capped at $5 million. Financial responsibilities for Federal and Non-Federal
partners are as follows:
Federal Cost $5,000,000.00
Non-Federal Sponsor Cost $2,692,307.69
Total Project Cost $7,692,307.69
If the project exceeds the authorized Federal limit of $5 million, all additional costs would be the
responsibility of the non-Federal Sponsor. In-kind services can be accepted by the USACE,
provided that the services are performed after the cost-share agreement with the USACE is
executed.
MSMC needs to draw the matching funds from the State trust fund to ensure these monies are
Page 562 of 1614
not surrendered in the upcoming legislative year. In the interest of securing these funds for the
USAGE project, the State of Florida has allowed the City requires the funds to be drawn from
the State of Florida Department of Health from its Line Item Appropriation 481A. The funds are
to be kept in a fully audited escrow account with MSMC bearing the escrow auditing
requirements for their agreement with the State Department of Health. MSMC will pay the City a
1°/0 audit fee for its administrative efforts. The City requires MSMC to provide upfront matching
funds that are necessary to fund the remaining feasibility study, design and construction of the
project for which the City acts as MSMC's official sponsor. This match is necessary under
Section 14 of the Flood Control Act of 1946, Public Law 79-526.
Legislative Tracking
Emergency Management
ATTACHMENTS:
Description
❑ Mt Sinai Reso for MOU btw City and Hospital
❑ MOU and MOU exhibits
Page 563 of 1614
Exhibit A___ _ _
2014-28535
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY AND ALL DOCUMENTS ON BEHALF OF
THE CITY, AS A "NON-FEDERAL SPONSOR," PERTAINING TO MT. SINAI
MEDICAL CENTER OF FLORIDA, INC.'S APPLICATION FOR A GRANT
FROM THE U.S. ARMY CORPS OF ENGINEERS' CONTINUING
AUTHORITIES PROGRAM (THE GRANT) FOR REHABILITATION OF THE
SEAWALL AT 4300 ALTON ROAD (THE PROJECT); WITH ALL WORK
AND COSTS TO BE ASSUMED BY MOUNT SINAI; AND, PROVIDED
FURTHER, THAT MT. SINAI HAS AGREED TO INDEMNIFY AND HOLD THE
CITY HARMLESS FROM ANY AND ALL CLAIMS AND/OR LIABILITIES
THAT MAY ARISE, WHETHER UNDER THE PROJECT ITSELF, OR UNDER
THE TERMS OF THE GRANT.
WHEREAS, Mount Sinai Medical Center of Florida, Inc. is the only hospital within the
City of Miami Beach, and supports emergency operational functions and an emergency shelter
for City residents in certain times of crisis, and has been identified as critical infrastructure within
the City; and
WHEREAS, the seawall along the Mount Sinai property is in dire need of repair and
hospital officials fear that in its current condition it would not provide sufficient protection of this
critical facility from a severe weather event; and
WHEREAS, it is imperative that the seawall remain a resilient and viable barrier to the
elements in order to facilitate continuous and sustained hospital operations; and
WHEREAS, federal funds to repair and rehabilitate the seawall, are available under
the U.S. Army Corps of Engineers' Continuing Authorities Program (CAP); and
WHEREAS, in order to qualify for federal funding under the CAP, Mt. Sinai requires a
"non-federal sponsor," and Mount Sinai Medical Center has asked the City of Miami Beach to
assume the role of the non-federal sponsor; and
WHEREAS, Mount Sinai'Medical Center is assuming full financial responsibility, and
therefore no costs will be incurred by the City of Miami Beach; and
WHEREAS, Mt. Sinai has agreed to fully indemnify and hold the City harmless.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby
approve and authorize the City Manager to execute any and all documents on behalf of the City,
as a "Non-Federal Sponsor," pertaining to Mt. Sinai Medical Center of Florida, Inc.'s application
for a grant from the U.S. Army Corps of Engineers' Continuing Authorities Program (the Grant)
for rehabilitation of the seawall at 4300 Alton Road (the Project); with all work and costs to be
assumed by Mount Sinai; and, provided further, that Mt. Sinai has agreed to indemnify and hold
Page 576 of 1614
the City harmless from any and all claims and/or liabilities that may arise, whether under the
Project itself, or under the terms of the Grant.
/
PASSED and ADOPTED this, 7 day of zl! ru/ , 2014.
ATTEST: r
o//.
y.
i
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F ;.
PHILIP LEVINE , �'rOR
`SS" S:1110411 i
R•. PHAEL E. GRANADre171. �4� /
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INCORP ORATED)
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APPROVED AS TO
FORM &LANGUAGE
&Ff1R EXECUTION
-� City Attorne V, Date
T:WGENDA12014Wpril\Mt.Sinai Seawall-Resolution.docx
Page 577 of 1614
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
Jimmy L. Morales, City Manager
Tel: 305-673-7010, Fax: 305-673.7782
April 14, 2014
Lieutenant Colonel Thomas M. Greco
Deputy District Commander
U. S. Army Corps of Engineers District, South Florida
ATTN: Planning Branch
RE: CITY OF MIAMI BEACH'S INTENT TO SERVE AS NON-FEDERAL SPONSOR
PERTAINING TO MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC.'S
APPLICATION FOR UNDER THE CONTINUING AUTHORITIES PROGRAM (CAP)
Dear LTC Greco:
•
I am writing with regard to a request from Mount Sinai Medical Center (MSMC) for assistance
from the U. S. Army Corps of Engineers (the Corps) in addressing a serious potential flooding
problem adjacent to its campus, which is located on the inter-coastal waterway in Miami Beach.
•
At its meeting on April 9, 2014, the Mayor and City Commission adopted City Resolution No.
2014-28535, authorizing the City of Miami Beach, Florida (the City) to serve as the "non-
Federal" project sponsor, as required under the Continuing Authorities Program (CAP).
You recently received a letter from MSMC Chief Executive Officer Steven Sonenreich explaining
that the seawall adjacent to the MSMC campus is in serious need of repair to mitigate against •
damage from anticipated severe weather events. MSMC is the only hospital.in the City and
supports emergency operational functions during hurricanes and other major storm events. The
protection afforded by the seawall in question is critical to avoid service disruptions and
hazardous conditions that threaten the lives of patients, hospital staff, and residents who are
unable to evacuate during a storm emergency and seek shelter at.MSMC.
In its current state, the seawall would most certainly not provide sufficient protection during a
hurricane. I respectfully request that the Corps perform a site visit to examine the seawall and
evaluate the merit of this request for assistance.
The City is fully aware of the following non-federal requirements associated with the Section
103, Section 14 or Section 205 programs under which we understand the Corps could perform
this project:
. 1. Feasibility Phase: The initial $100,000 of cost, if funded by the Federal government.
Costs above $100,000 will be shared 50% Federal and 50% non-Federal in accordance
with a Feasibility Cost-Sharing Agreement; c
2. Implementation Phase: The non-Federal sponsor is responsible for costs of all lands,
easements, relocations and disposal areas, plus a cash contribution of at least 5% of the
1
Page 578 of 1614
•
total project cost. If this amount is less than 35% of the total project cost, the non-
Federal sponsor must provide additional cash contribution to make the total equal to
35% of the total project cost; and
3. The non-Federal sponsor is responsible for the removal of all hazardous, toxic and
radioactive wastes prior to construction and for all operations and maintenance of the
project after it is constructed.
This letter serves as an expression of non-Federal intent to cooperate on this project and is not
a contract obligation. Either party may discontinue this effort at any point prior to construction.
Thank you for your consideration. I look forward to hearing from you.
Sin'ierely, �1
J cn y Mor_ies
C •Mana•er
Ci , of Miami Beach
•
•
•
2
•
Page 579 of 1614
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Approving And Authorizing a Cooperation Agreement Between The City Of Miami Beach
(CMB) And Mount Sinai Medical Center (MSMC), For Rehabilitation Of The Seawall At 4300 Alton
Road, Through A Two-Phased Program, Including A Feasibility Study And Implementation, With No
Cost To The City.
Key Intended Outcome Supported: •
Allow the City to sponsor MSMC in this effort to enhance the seawall at 4300 Alton Road in order to
promote •ublic safet through the Ions-term •rotectlon of critical infrastructure.
Supporting Data (Surveys,Environmental Scan, etc_ .): N/A
Rem Summary/Recommendation:
The Mount Sinai Medical Center has been identified as an important component of the City's critical
infrastructure. The seawall along the property is In dire need of repair and hospital officials fear that in
its current condition, the seawall would not provide sufficient protection from a severe weather event.
Mount Sinai is the only hospital in the City and it is imperative that the seawall remain a viable barrier
to the elements in order to facilitate continuous hospital operations. It is also important to note that
Mount Sinai Medical Center supports emergency operational functions and an emergency shelter for
City residents in certain times of crisis. It is therefore necessary to mitigate any further degradation
and damage to Mount Sinai's protective seawall.
Federal funds are available for the U.S. Army Corp of Engineers, under the Continuing Authorities
Program (CAP), to conduct a feasibility study and construct a new seawall for Mount Sinai Medical
Center. In order to qualify for federal funding, the program requires a non-federal sponsor. Mount
Sinai Medical Center has asked the City of Miami Beach to assume the role of the non-federal
sponsor.
When the U.S. Army Corp of Engineers carries out such projects, costs are normally shared by the
federal government and the non-federal sponsor. However, in this instance, Mount Sinai Medical
Center is assuming full financial responsibility and therefore, no costs will be incurred by the City of
Miami Beach.
This resolution serves to give notice to the U.S. Army Corps of Engineers that the City of Miami Beach
intends to cooperate on this project as the non-federal sponsor.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
•
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1
Federal & Total NA Costs to be fully covered by MSMC
MSMC
Financial Impact Summary: N/A
City Clerk's Office Legislative Tracking:
Charles Tear, Emergency Manager
Sign-Offs:
Depa-ment Director Assistant City Manager City Manager
CT ,iii/ JMT JLM
T:IAGENDA12014\April\Mt Sinai Seawall-Summary.dOCX
f Y t O A O B AC H AGENDA DA E ' l
Page 580 of 1614 �'
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION EMORANDUM
TO: Mayor Philip Levine and Members f the City C.r mission
FROM: Jimmy L. Morales, City Manager
DATE: April 9, 2014
SUBJECT: A RESOLUTION OF THE MAYO r AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPRO:ZING AND AUTHORIZING THE CITY MANAGER
AND CITY ATTORNEY'S OFFICE TO NEGOTIATE A COOPERATION
AGREEMENT BETWEEN THE CITY AND MOUNT SINAI MEDICAL CENTER
(MSMC), FOR REHABILITATION OF THE SEAWALL AT 4300 ALTON ROAD,
THROUGH A TWO-PHASED PROGRAM, CONSISTING OF A FEASIBILITY STUDY
AND THEN IMPLEMENTATION, WITH ALL COSTS TO BE ASSUMED BY MOUNT
SINAI MEDICAL CENTER.
ADMINISTRATION RECOMMENDATION
Approve the resolution.
KEY INTENDED OUTCOME SUPPORTED
Allow the City to sponsor MSMC in this effort to enhance the seawall at 4300 Alton Road in
order to promote public safety through the long-term protection of critical infrastructure.
BACKGROUND INFORMATION
Mount Sinai Medical Center (MSMC) has requested that the U.S. Army Corps of Engineers
conduct a three (3) year rehabilitation project for the seawall located at 4300 Alton Road, to be •
carried out under the Corps' Continuing Authorities Program (CAP). Under Section.205 of the
1948 Flood Control Act, the Corps is authorized to study, design and construct small flood
control projects in partnership with non-Federal government agencies.
The seawall along Biscayne Bay at the MSMC campus is in need of repair in order to keep it a
g Y Y P P p
viable protective structure for the hospital. MSMC is the only hospital district in the City and an
P P Y P Y
integral part of the City's critical infrastructure.
MSMC is asking the City of Miami Beach to enter into this partnership as the non-Federal
sponsor of record. With authorization from the City Commission, the City will enter into
negotiations with MSMC, who are prepared to assume all costs in this endeavor.
•
Page 581 of 1614
Commission Memorandum- Mt. Sinai Seawall
Apri!9, 2014
Page 2
FUNDING
Under Section 103.14 and Section 205 of the Flood Control Act, this project is eligible for
Federal funding in partnership with the non-Federal sponsor. Mount Sinai Medical Center
(MSMC) will assume all costs required under the cost-sharing agreement to be entered into with
the Federal Government. The City of Miami Beach will be the representative non-federal
sponsor in name as required by the U.S. Army Corps of Engineers Continuing Authorities
Program (CAP).
CONCLUSION
The Mayor and/or his designee will be authorized to represent and negotiate on behalf of the
City of Miami Beach with Mount Sinai Medical Center to assist in the success of this project, and
to ensure that the project meets the requirements of the City's Stormwater Master Plan and all
applicable codes. The seawall rehabilitation project at this location is imperative to the
continuing security and safety of our residents and visitors and to overall quality of life in the City
of Miami Beach.
JMT/CT/EK/SHL
T:\AGENDA120141ApriI\Mt.Sinai Seawall -Memo.docx
•
Page 582 of 1614
Exhibit B
4.--,--,4";, d
', +\ DEPARTMENT OF THE ARMY
(4114"
US ARMY CORPS OF ENGINEERS
.. i,41 ,:,la )' i SOUTH ATLANTIC DIVISION
60 FORSYTH STREET SW,ROOM 10M15
y3,.Erj�/��/ ATLANTA,GA 30303-8801
1\\\�!�___/ REPLY TO
StAtf;S OF% ATTENTION OF
27FEB 20
CESAD-PDP
W
MEMORANDUM FOR Commander, Jacksonville District (CESAJ-PD)
SUBJECT: City of Miami Beach-Mt. Sinai Medical Center, Continuing Authorities
Program (CAP), Section 14 Project, Federal Interest Determination (FID), Miami Beach,
Florida
1. References memorandum, CESAJ-PD, 23 December 2014, subject as above.
2, The South Atlantic Division (SAD) has reviewed the subject Continuing Authorities
Program Federal Interest Determination (FID) package and approves the District to
continue to the next phase, However, the attached SAD comments (encl) should be
addressed in the feasibility phase leading up to the Alternatives Formulation Briefing
(AFB).
3. Point of contact for this action is Kenitra Stewart, 404-562-5229, i .
X---- "92.-/;:427—' ----
Encl '' WILBER4. PAYNES c
Chief, Planning and Policy ivision
•
• Page 583 of 1614
" DEPARTMENT OF THE ARMY RCEVED
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
•
P.O.BOX 4970 29 (�j 0,;')
•
r�� y`y JACKSONVILLE, FLORIDA 32232.0019 ' 1 y�f!'( 2
� 014
).47E4 Ow REPLY TO
ATTENTION OF
CESAJ-PD DEC 201
MEMORANDUM FOR Commander, U.S. Army Corps of Engineers, South Atlantic
Division, (ATTN: CESAD-PDP MR. WILBERT V. PAYNES), 60 Forsyth Street Room
10M15, Atlanta, GA 30303
SUBJECT: City of Miami Beach-Mt. Sinai Medical Center, Continuing Authorities
Program (CAP), Section 14 Project, Federal Interest Determination (FID), Miami Beach,
Florida
1. Reference memorandum, CESAD-PDP, 24 June 2014, subject: City of Miami Beach-
Mt. Sinai Medical Center Flood Damage Reduction Project, Continuing Authorities
Program (CAP), Section 103 Study Initiation Request, Miami Beach, Florida
2. Attached for your review and approval is the Federal Interest Determination (FID) for
the City of Miami Beach-Mt. Sinai Medical Center project, pursuant to CAP Section 14.
The CESAD approval memo referenced in paragraph 1 supported funding of this study
under the CAP Section 14 authority.
3. This FID finds that there is sufficient Federal interest in moving to a feasibility level of
study cost-shared with the non-federal sponsor, the City of Miami Beach. This submittal
includes: local sponsor study request letter dated April 14, 2014, CAP Fact Sheet Table
1 attachment, and the Project Management Plan (PMP). Per direction from SAD, the
Regional Programmatic Review Plan will be used in lieu of the Review Plan
(abbreviated) requested in the memo referenced in paragraph 1.
4. POC for this action is Ms. Sirisha Rayaprolu, Project Manager, Jacksonville District,
904-232-3455.
Encls Eric L. Bush
Chief, Planning and Policy Division
• Page 584 of 1614
Date: December. 17, 2014
Division: South Atlantic Division
District: Jacksonville District
CONTINUING AUTHORITIES PROJECT (CAP)
Federal Interest Determination
1. Project Name: City of Miami Beach, Mount Sinai Medical Center, Section 14 Project
Project#: 446835
Congressional Delegation: Honorable Representative Debbie Wasserman Schultz
10100 Pines Boulevard 19200 West Country Club Drive, 3rd Floor
Pembroke Pines, FL 33026 Aventura, FL 33180
(954) 437-3936 (305) 936-5724
2. Authority: This study was conducted under the authority of Section 14 of the 1946 Flood
Control Act, as amended - Streambank and Shoreline Erosion Protection of Public Works and
Non-Profit Public Services.
Section 14 is designed to implement projects to protect public facilities and facilities owned by
non-profit organizations used to provide public services that are open to all on equal terms.
These facilities must have been properly maintained but be in imminent threat of damage or
failure by natural erosion processes on stream banks and shorelines, and are essential and
important enough to merit Federal participation in their protection.
The Mount Sinai Medical Center is a private non-profit hospital and is considered an eligible
facility for Section 14 according to ER 1105-2-100, Appendix F, pg. F-30. Furthermore, the
Center's facilities have been properly maintained but are in imminent threat of damage by
natural erosion processes on the shoreline.
3. Location: The project area is located in the City of Miami Beach, Florida, on a barrier island
bordered to the east by the Atlantic Ocean and to the west by Biscayne Bay. The study area is
the property of Mount Sinai Medical Center, located directly north of Julia Tuttle Causeway and
extending approximately 0.57 miles along the bayside of the island (Figure 1).
1
•
Page 585 of 1614
g ,
33
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1 a
I
' � �=
I
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N
Atlantic;Ocean y4
n. o031e
Figure 1: Project area and vicinity 7777
4. Problem: The Mount Sinai Medical Center (MSMC) is a major medical institution that serves
not only the citizens of Miami Beach, but offers a wide array of services to hundreds of
thousands of people in the greater Miami metropolitan area. There are numerous buildings of
various sizes on the campus, which is bordered on the west by Biscayne Bay (Anatres Group
2014). Figure 2 shows various buildings on the campus and an existing seawall bordering the
property along Biscayne Bay.
2
Page 586 of 1614
T T � qa c
.-1. - 'r: kf ` f,r.H 4. 4-t i r.�
-4 :Lipid 1r--:,,,'** -.IN '1,' r''' ,". -
' ,'` , ' ''',",:`:-,. " ,-14>oe'• ok • -,„,,,,, ,..
i,
HELICOPTER PAD + Mount Sinai
EXISTING SEAWALL ...—......
NClOItAt r, tivlfit
Figure 2: Site graphic of Mount Sinai Medical Center
The Mount Sinai Medical Center is the only hospital facility on the barrier island and maintains
emergency services, shelter for electric and oxygen dependent persons, and care for critically ill
patients during disasters. The center is also an Essential Services facility and a disaster
coordinating point. The primary service area of the center sees 5,000,000 annual visitors and
has 125,000 permanent residents. Yearly, there are 22,000 inpatient admissions and 181,000
outpatient admissions. There are 178+ emergency care visits and 7+ births per day. The
facility is unable to fully evacuate all patients during disasters and must shelter in place as well
as provide critical support to the population remaining on the island and other facilities with
emergency needs.
Currently, during extreme high tide events, the bayside seawall (approximately 3,000 feet long)
is overtopped by waves and a perimeter road, receiving dock, disaster staging areas, and
parking area are inundated (Figure 3 -Figure 6) . Erosion at the base of the seawall likely
contributes to subsidence of land behind the wall (Figure 4)and resulting cracking of concrete
and rusting of steel reinforcement in the seawall (Figure 7). Additionally, these higher tides
prevent gravity storm drainage during rain events, exacerbating problems and damages. Such
events occur multiple times per year and are expected to increase as sea level rises. Of critical
concern is the perimeter road landward of the seawall, a helipad, and disaster staging areas.
There are limited locations to relocate this infrastructure on the property.
3
Page 587 of 1614
t : may„
nk 1
4
yy p
'It,
t$ x' f ti S�.. w -, -ur au L g �'of �.i
Figure 3: Biscayne Bay elevated to the top of the seawall during a July 2013 rainfall
event. Combined groundwater and seawater flooding behind the seawall resulted from
waves overtopping the seawall and ineffective storm drainage due to high tide.
4
Page 588 of 1614
y,, v s =;' e•- 3' � v 14q1 l c f"F } L . , d 4 y f�rr 5 ' iR a f
k..
4;;y 4 - "' d "4:! t
+' . v t!,s„a X a;�`� f,€ ,° iP : € +i s 3 r a.;v( r
Y
3 Y • W
4 p -- 1 L •
.:::.
. Y yy-- 9$a4�t'f
aka
k i x, ' ^r t ,,,-„,,°4 ,-
Figure 4: Segment of seawall showing waves overtopping wall and land subsidence
along perimeter road landward of seawall. Combined groundwater and seawater
flooding behind the seawall resulted from waves overtopping the seawall and ineffective
storm drainage due to high tide.
5
Page 589 of 1614
V"+ � fig-"b".f 'fir ,,- ry rA S� F '"n;' ' }F ,�4 � '4� 'L'� [ ,,�� � E k c x �• _ W. y �u, '
b
. i
3'n 5
h
Yr € e~ r
4,'''''
i
y } p
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Figure 5: Inundation and waves breaking over seawall carried seaweed behind wall
during October 7, 2014 extreme high tide event.
6
Page 590 of 1614
3�
a l n gf �a .
C:-n's ,, a ,,,,,.:5 i sm /X t + :,h,. + ''' {#r-''' g tY Y F 9#„ Q ,a t � i
$ k
S{ 4
S'
pa
x}
t ! j
'�
ip
y
. ... � �� �' e� ��'�3 .'fir'}�»;.max.,
Figure 6:
Inundation and waves
breaking over seawall carried seaweed behind wall
during October 7, 2014 extreme high tide event. Ground water intrusion ponding in
subsided land under asphalt road.
7
Page 591 of 1614
s " 5 s' 1
s r4' Xa.
'., tAt., te ,l d . M'•
,Ar i�, . t K f^4 ' kph S
s a+ ' Y' 1.
aka.' � N i,
aka � ;
'$ Z C'
„
.'
t e
. rr
y..
,a4
3r
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I
,.e
s
Figure 7: Damage - rusting rebar and cracking throughout seawall (2014).
8
Page 592 of 1614
A 2014 risk assessment was completed for the MSMC by the Anatres Group. The purpose of
the assessment was to provide a preliminary indication of future damages to the MSMC
infrastructure and operations. Future darnages include damage to structures, loss of facility
function, content damages, displacement, and loss of life as a result of erosion and inundation.
The assessment used a combination of pre-existing materials provided by MSMC and open
sources and the Federal Emergency Management Agency (FEMA) BOAR 4.8 software platform
to calculate damages. All loss figures are over a 50 year time horizon and are discounted to
present value using the FEMA standard 7% discount rate.
Sea Level Rise (SLR) will exacerbate erosion and inundation caused by high tide events in the
future. The Anatres Group projected SLR for flood hazard data using the U.S. Army Corps of
Engineers (Corps) SLR calculator (htto://corpsclimate.us/ccaceslcurves.cfm) and averaged the
projected increase in water surface elevations for the period 2010 to 2060 (a 50-year project
life). The projection uses the Corps intermediate SLR rate for the area according to ER 1100-2-
8162.
The part of the seawall that is subject to failure is 2,725 linear feet. Upland of the seawall there
is a 15-foot-wide grass area, then a 24-foot-wide asphalt road with a concrete curb. Landward
of the road is another 15-foot-wide grass area, then an asphalt parking lot. Loss of the seawall
from erosion would result in loss of the seawall structure, roadway, turf and a wedge of fill to a
depth of four feet below grade.
Several damage totals were given in the assessment: damage to the seawall and related
infrastructure (including asphalt road, concrete curb and fill), and damage to facilities and
operations. The assessment then gave totals for damages to this same infrastructure with the
addition of sea level rise. Table 1 gives the results.
The assessment completed by the Anatres Group found that approximately $4,000,000 in
damages to the seawall and related infrastructure are possible over a 50 year time horizon if
sea level rise accelerates to the Corps intermediate SLR scenario (Table 1). An additional
$296,000,000 in damages and loss of function to MSMC facilities and operations are predicted.
Table 1: Summary of risk assessment results over a 50 year time horizon. Dollars in
present value (2014), 7% discount rate (Anatres Group 2014).
Element Baseline Conditions Present Value (2014)
Seawall and related Probabilistic risk, existing $2,251,992
infrastructure conditions (no SLR) -_
Seawall and related Probabilistic risk, with SLR $4,099,567
infrastructure
MSMC facilities and Probabilistic risk, existing $162,186,335
operations conditions (no SLR)
MSMC facilities and Probabilistic risk, with SLR $296,394,316
operations
9
Page 593 of 1614
5. Alternative Plans Considered: A follow-on study will identify the best alternatives to reduce
damages to MSMC infrastructure. Structural measures can be employed to protect
infrastructure in place. Such measures could involve preventing overtopping of the existing
seawall, erosion of the upland behind the seawall, improvement of the seawall to prevent failure
and further erosion, and improving storm drainage during rain events. Nonstructural measures
could include managed retreat and relocation of the most vulnerable infrastructure.
ER 1105-2-100 directs that formulation and evaluation should focus on the least cost alternative
solution. The least cost alternative plan is considered to be justified if the total costs of the
proposed alternative are less than the costs to relocate the threatened facility.
Alternatives considered would include, but would not be limited to:
• Replacing and raising existing seawall
• Raising perimeter road, helipad, and receiving docks
• Constructing a ring levee topped by a road
• Relocation of perimeter road, helipad, receiving docks, and disaster staging areas
• Use of pumps and flapgates, or similar, to improve storm drainage and prevent flooding
resulting from rainfall
The Anatres Group risk assessment evaluated one alternative for damage reduction: raising the
existing height of the seawall to 12 feet (NGVD 29). The crest of the existing seawall is roughly
3 feet above NGVD 29, so this increase is roughly equal to 9 feet.
The FEMA BCAR software allows the user to enter and vary the heights of proposed flood
barriers to determine the mitigation effects. In the case of the MSMC seawall, this was
accomplished by entering sequentially increasing flood barrier heights until the results appeared
to be strongly positive. This is a somewhat non-scientific way to approach the damage reduction
aspect, but was conducted only to see what the potential effects of such an alternative might be.
It should be clearly noted that this analysis presumes that Biscayne Bay is the only source of
flooding, and that the primary route of flood waters is over the seawall. This part of the
assessment includes the Corps intermediate SLR scenario. Table 2 shows that the 12 foot
seawall alternative reduces damages to $94,500,000, resulting in a reduction of approximately
$200,000,000 worth of damages.
Table 2: Damages over a 50 year time horizon without, and with, increasing the seawall
height to 12' NGVD29 and subsequent damage reduction. Dollars in present value, 7%
discount rate (Anatres Group 2014).
Element Baseline Present Value (2014)
MSMC facilities and Probabilistic risk, with SLR $296,394,316
operations (without project)
MSMC facilities and Probabilistic risk, with SLR $94,422,457
operations and 12' seawall alternative
Damage reduction to MSMC facilities and operations with 12' $201,971,859
seawall alternative
10
Page 594 of 1614
Upon approval of this Federal Interest Determination, further efforts will be made to narrow
down the current number of possible measures as the feasibility scope of work is negotiated
with the non-federal sponsor. During the feasibility phase, consideration will be given to
implementing a combination of alternatives, including structural and non-structural. The final
NED plan is expected to be a combination of alternatives.
6. Description of Recommended Plan: While several measures have been identified as
having positive impacts on the reduction of damages, the recommended plan will be defined in
the full feasibility phase. Preliminary analysis provided by the Anatres Group indicates at least
one alternative (raising the existing seawall) could effectively reduce damages.
7. Estimated Feasibility Study Total Costs: Table 3 below displays the upper range of an
estimated $600-$800K feasibility study estimate. Costs include coastal/hydraulic analysis that
will provide long-term evaluations of potential risks that would aid in future O&M of the project.
Table 3
Mt. Sinai Medical Center
Estimated Feasibility Study Cost
Flood Risk
Task Management
($1000s)
Coastal Analysis/Modeling $100
Plan Formulation $85
Economics $45
Environmental/Archeology$45
Geotech $150
Design $85
Real Estate $50
Cost.estimating $60
HTRW $15
Project Management $80
Contingencies $85
Total Study Cost $800
8. Estimated Project Cost Sharing: Any follow-on feasibility study would be cost shared 50/50
between the Federal and non-federal sponsor. Pending approval of the report, the design
implementation stage would be cost shared 65/35 between the Federal and non-federal
sponsor. The non-federal sponsor is responsible for 35 percent of total project costs to a
maximum of 50 percent of total project costs during the design and implementation period. In
accordance with the terms of the Project Partnership Agreement (PPA), the non-Federal
sponsor must pay 5 percent of total project costs in cash, provide all Lands, Easements, Rights-
11
Page 595 of 1614
of-Way, Relocations, and Disposal (LERRD) required for the project, participate in the Project
Coordination Team, perform necessary non-federal audits, and perform investigations
necessary to identify the existence and extent of hazardous substances on Lands, Easements,
and Rights-of-Way (LER) required for the project. If the value of the non-federal sponsor's
contributions listed above is less than 35 percent of total project costs, the non-federal sponsor
must pay additional cash so that its contributions equal 35 percent of total project costs.
Operation, Maintenance, Repair, Rehabilitation, and Replacement (OMRR&R) is a 100% non-
federal responsibility. The non-federal sponsor's required share determined above could
increase if the Federal costs of planning, design, and implementation for the project exceed the
statutory Federal per project participation limit for this authority and the non-federal sponsor
agrees to contribute funds for any costs that would normally be part of the Federal share but are
over the per project limit.
9. Views of Sponsor: The study was requested by the.City of Miami Beach, the local sponsor,
in a letter dated January 13, 2014. The project also has strong congressional support as
indicated in a letter dated February 24, 2014. The City supports further evaluation through the
completion of a detailed project report to protect the medical center from further damage and
prevent potential failures at the facility.
10. Views of Federal, State and Regional Agencies: Potential alternatives involve both
structural and non-structural methods to prevent further damage and failure upland of the
existing seawall, the seawall itself, and improve storm drainage to prevent overtopping. There is
Federal Congressional, Local County and City concurrence to move forward with the study to
assess the best possible solution to protect MSMC. There is support from stakeholders to lend
assistance in the study and design phases of this project to determine the most practical path
forward and provide a long term maintenance plan to protect the upland facilities.
11. Status of Environmental Statutes Compliance: Compliance with National Environmental
Policy Act, the Endangered Species Act, other required statutes, and coordination with
applicable agencies will be performed during a detailed feasibility stage.
12. Significant Effects: No significant environmental effects are known at this time; any effects
would be identified during detailed feasibility and the NEPA compliance process.
13. Implementation Schedule: (subject to availability of funds)
i. Execute a Feasibility Cost Sharing Agreement (FCSA) (w/ no deviations): September
2015
ii. Drafting and approval of Planning and Design Analysis (PDA) Report: August 2016
iii. Initiate Design & Implement: April 2017
iv. Execute a PPA(w/no deviations): August 2017
v. Initiate construction of the project: December 2017
12
Page 596 of 1614
14. Supplemental Information:
a. Real Estate Summary: Real Estate will be a key factor in this highly developed urban
. community. Costs associated with real estate, for both structural and nonstructural
measures will require early Real Estate input and evaluation.
b. Monitoring and O&M costs- (will be determined during feasibility phase)
c. Project Specific Legislation and/or Report Language- N/A (CAP Sec 14)
d. Other- Discussion of Prior Studies or Reports:
i. Estimates of Flood Damages to Sea Wall, Facilities and Operations at the Mount
Sinai Medical Center, Miami Beach, Florida, (Anatres Group 2014). The
purpose of this assessment was to provide a preliminary indication of potential
damages to the MSMC and to project potential additional risk based on sea level
rise.
15. Copy of the PMP: Enclosed
16. District Recommendation: Based on the information compiled in this Federal Interest
Determination we believe there is sufficient Federal interest in moving to a feasibility level of
study cost-shared with the City of Miami Beach.
The recommendations contained herein reflect the information available at this time and current
Corps policy. They do not reflect program and budgeting priorities inherent in the formulation of
a national Civil Works program.
Eric L. Bush
• Chief, Planning and Policy Division
•
•
13
Page 597 of 1614
Exhibit C
AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
AND
CITY OF MIAMI BEACH,FLORIDA FOR THE
CITY OF MIAMI BEACH, MOUNT SINAI MEDICAL CENTER, SECTION 14 PROJECT
THIS AGREEMENT is entered into this day of(.11011,4 ,/ by and
between the Department of the Army(hereinafter the "Government"), represented by the U.S.
Army Engineer, Jacksonville District and City of Miami Beach(hereinafter the"Non-Federal
Sponsor"), represented by its City Manager.
WTTNESSETH, THAT:
WHEREAS,the Government received a letter, dated June 5, 2015, from the City of
Miami Beach in which it stated its desire to participate in a feasibility study for emergency
streambank and shoreline erosion protection at Mt. Sinai Medical Center, City of Miami Beach,
Florida, and in which it acknowledged its financial.responsibilities for the study and a project,if
one is recommended;
WHEREAS,the Secretary of the Army is authorized by Section 14 of the Flood Control
Act of 1946,Public Law 79-526, as amended (33 U.S.C. 701r; hereinafter"Section 14")to allot
from certain appropriations an amount not to exceed$20,000,000 per year for the construction,
repair,restoration, and modification of emergency streambank and shoreline protection works to
prevent damages to highways, bridge approaches, and public works, churches, hospitals,schools,
and.other nonprofit public services; provided that no more than$5,000,000 shall be allotted for
this purpose at any single locality from the appropriations for any one fiscal year;
WHEREAS, the Government initiated a feasibility study, to be initially Federally funded
up to$100,000, and during this Federally funded portion the Government determined that.the
costs of the feasibility study stud would exceed$100,000;
WHEREAS,the Government and the City of Miami Beach desire to enter into an
agreement(hereinafter the"Agreement") to complete the feasibility study(hereinafter the
"Study"as defined in Article I.A.. of this Agreement) and to share equally the costs of the Study
that exceed$100,000;
•
WHEREAS, Section 105(a) of the Water Resources Development Act of 1986,Public
Law 99-662, as amended(33 U.S.C. 2215(a)),specifies the cost-sharing requirements applicable
to the.Study;
WHEREAS, the Non-Federal Sponsor desires to provide in-kind contributions •
(hereinafter the"in-kind contributions"as defined in Article I.I. of this Agreement)that are
necessary to prepare the feasibility report and to receive credit for such contributions toward the
amount of its required contribution for the Study;
Page 598 of 1614
•
WHEREAS, the Government and Non-Federal Sponsor have the full authority and
capability to perform as hereinafter set forth and intend to cooperate in cost-sharing and financing of
the Study in accordance with the terms of this Agreement; and
WHEREAS,the Government and the Non-Federal Sponsor, in connection with this
Agreement, desire to foster a partnering strategy and a working relationship between the
Government and the Non-Federal Sponsor through a mutually developed formal strategy of
commitment and communication embodied herein, which creates an environment where trust
and teamwork prevent disputes, foster a cooperative bond between the Government and the Non-
Federal Sponsor, and facilitate the successful Study.
NOW,THEREFORE,the Government and the Non-Federal Sponsor agree as follows: •
ARTICLE I—DEFINITIONS
A. The term"Study"shall mean the activities and tasks required to identify and evaluate
alternatives and the preparation of a decision document that,when appropriate,recommends a
coordinated and implementable solution for construction,repair,restoration or modification of
emergency streambank and shoreline erosion protection at Mt. Sinai Medical Center,City of Miami
Beach,Florida. The term includes in-kind contributions described in paragraph I, of this Article.
B. The term"total study costs"shall mean the sum of all costs incurred by the Non-Federal
Sponsor and the Government in accordance with the terms of this Agreement directly related to
performance of the Study plus the costs of the Study incurred by the Government prior to the
effective date of this Agreement. Subject to the provisions of this Agreement,the term shall
include,but is not necessarily limited to:the Government's costs of plan formulation and
evaluation,including applicable economic, engineering, real estate, and environmental analyses;
the Government's costs of preparation of the decision document for the Study; the costs of in-
kind contributions determined in accordance with Article II.B.3. of this Agreement; the
Government's costs of Agency Technical Review and other review processes required by the
Government;the Government's costs of Independent External Peer Review, if required, except
for the costs of any contract.for an Independent External Peer Review panel; the Government's
supervision and administration costs;the Non-Federal Sponsor's and the Government's costs of
participation in the Study Coordination Team in accordance with Article III of this Agreement;the
Government's costs of contract dispute settlements or awards; and the Non-Federal Sponsor's and
the Government's costs of audit in accordance with Article VI,B. and Article VI.C,of this
Agreement. The term does not include the first$100,000 incurred by the Government for the Study;
any costs of dispute resolution under Article V of this Agreement;any costs incurred as part of
reconnaissance studies or feasibility studies under any other agreement or program; any costs of
a contract for an Independent External Peer Review panel;the Non-Federal Sponsor's costs of
negotiating this Agreement; or any costs of negotiating a project partnership agreement for
design and construction of a project or separable element thereof.
2
Page 599 of 1614
•
C. The term"period of study"shall mean the time from the effective date of this Agreement
to the date that the decision document for the study is duly approved by the Government or the
date that this•Agreement is terminated in accordance with Article IX of this Agreement.
D. The term"financial obligations for the study"shall mean the financial obligations of the
Government and the costs for in-kind contributions, as determined by the Government, that result
or would result in costs that are or would be included in total study costs.
E. The term"non-Federal proportionate share"shall mean the ratio of the sum of the costs
included in total study costs for in-kind contributions, as determined by the Government, and the
Non-Federal Sponsor's contribution of funds required by Article II,B.l.b. of this Agreement to
financial obligations for the study, as projected by the Government.
F. The term "Federal program funds" shall mean funds provided by a Federal agency,
other than the Department of the Army,plus any non-Federal contribution required as a
matching share therefor.
G. The term" tscal year•"shall mean one year beginning on October 1 and ending on
September 30.
H. The term"PMP" shall mean the project management plan, and any modifications
thereto, developed by the Government, and agreed to by the Non-Federal Sponsor, that specifies
the scope, cost, and schedule for Study activities and guides the performance of the Study
through the period of study.
I. The term"in-kind contributions"shall mean planning,supervision and administration,
services,materials, supplies, and other in-kind services that are performed or provided by the
Non-Federal Sponsor after the effective date of this Agreement in accordance with the P1lIP and
that are necessary for performance of the Study.
J. The term"Section 14 Annual Program Limit" shall mean the statutory limitation on
the Government's annual allotment for planning, design, and construction of all projects
implemented pursuant to Section 14 of the Flood Control Act of 1946,Public Law 79-526, as
amended (33 U.S.C. 701r). As of the effective date of this Agreement, such limitation is
$20,000,000.
ARTICLE II- OBLIGATIONS OF THE GOVERNMENT AND
THE NON-FEDERAL SPONSOR
A. The Government,subject to receiving funds appropriated by the Congress of the United
States(hereinafter the"Congress")and using those funds and funds provided by the Non-Federal
Sponsor, expeditiously shall conduct the Study, applying those procedures usually applied to
Federal projects,in accordance with Federal laws,regulations,and policies. The Non-Federal
Sponsor expeditiously shall perform or provide the in-kind contributions in accordance with
applicable Federal laws, regulations, and policies.
3
Page 600 of 1614
1. To the extent possible,the Government and the Non-Federal Sponsor shall
• conduct the Study in accordance with the PMP.
2. The Government shall afford the Non-Federal Sponsor the opportunity to
review and comment on all products that are developed by contract or by Government personnel
during the period of study. The Government shall consider in good faith the comments of the
Non-Federal Sponsor, but the final approval of all Study products shall be exclusively within the
control of the Government.
3. The Government shall afford the Non-Federal Sponsor the opportunity to review
and comment on the solicitations for all Government contracts, including relevant scopes of work,
prior to the Government's issuance of such solicitations. To the extent possible,the Government
shall afford the Non-Federal Sponsor the opportunity to review and comment on all proposed
contract modifications, including change orders. Tn.any instance where providing the Non-Federal
Sponsor with notification of a contract modification is not possible prior to execution of the contract
modification, the Government shall provide such notification in writing at the earliest date possible.
To the extent possible, the Government also shall afford the Non-Federal Sponsor the opportunity to -
review and comment on all contract claims prior to resolution thereof. The Government shall
consider in good faith the comments of the Non-Federal Sponsor,but the contents of solicitations,
award of contracts or commencement of work on the Study using the Government's own forces,
execution of contract modifications,resolution of contract claims, and performance of all work on
the Study, except for in-kind contributions,shall be exclusively within the control of the
Government.
4. At the time the U.S.Anny Engineer,Jacksonville District(hereinafter the
"District Engineer")furnishes the contractor with the Government's Written Notice of Acceptance
of Completed Work for each contract awarded by the Government for the Study, the District
Engineer shall fu nish a copy thereof to the Non-Federal Sponsor.
5. The Non-Federal Sponsor shall afford the Government the opportunity to •
review and comment on the solicitations for all contracts for the in-kind contributions, including
•
relevant scopes of work,prior to the Non-Federal Sponsor's issuance of such solicitations. To
the extent possible, the Non-Federal Sponsor shall afford the Government the opportunity to
review and comment on all proposed contract modifications, including change orders. In any
instance where providing the Government with notification of a contract modification is not
possible prior to execution of the contract modification,the Non-Federal Sponsor shall provide
such notification in writing at the earliest date possible. To the extent possible,the Non-Federal
Sponsor also shall afford the Government the opportunity'to review and comment on all contract
claims prior to resolution thereof The Non-Federal Sponsor shall consider in good faith the
comments of the Government but the contents of solicitations, award of contracts or
commencement of work on the Study using the Non-Federal Sponsor's own forces, execution of
contract modifications,resolution of contract claims, and performance of all work on in-kind
contributions shall be exclusively within the control of the Non-Federal Sponsor.
6. At the time the Non-Federal Sponsor furnishes a contractor with a notice of
4
Page 601 of 1614
acceptance of completed work for each contract awarded by the Non-Federal Sponsor for in-kind
contributions, the Non-Federal Sponsor shall furnish a copy thereof to the Goverment.
B. The Non-Federal Sponsor shall contribute 50 percent of total study costs in accordance
with the provisions of this paragraph.
1. The Non-Federal Sponsor shall provide a contribution of funds as determined
below:
a. If the Government projects at any time that the collective value of the
Non-Federal Sponsor's contributions listed in the next sentence will be less than the Non-Federal
Sponsor's required share of 50 percent of total study costs,the Government shall determine the
amount of funds that would be necessary to meet the Non-Federal Sponsor's required share without
considering the credit the Government projects will be afforded for in-kind contributions
pursuant to paragraph B.4. of this Article. The Government shall determine the amount of funds
that would be necessary by subtracting from the Non-Federal Sponsor's required share of 50
percent of total study costs the collective value of the Non-Federal Sponsor's contributions under
Article III and Article VI of this Agreement.
b. The Non-Federal Sponsor shall provide funds in the amount determined
by this paragraph in accordance with Article IV.B. of this Agreement. To determine the
contribution of funds the Non-Federal Sponsor shall provide,the Government shall reduce the
amount determined in accordance with paragraph B.1.a. of this Article by the amount of credit
the Government projects will be afforded for in-kind contributions pursuant to paragraph B.4. of
this Article.
2. The Government,subject to the availability of funds and as limited by paragraph
B.5. of this Article and the Section 14 Annual Program Limit,shall refund or reimburse to the Non-
Federal Sponsor any contributions in excess of 50 percent of total study costs if the Government
determines at any time that the collective value of the following has exceeded 50 percent of total
study costs:(a)the Non-Federal Sponsor's contribution of funds required by paragraph Bib. of
this Article; (b)the amount of credit to be afforded for in-kind contributions pursuant to paragraph
114. of this Article; and(c)the value of.the Non-Federal Sponsor's contributions under Article IlI
and Article VI of this Agreement.
3. The Government shall determine and include in total study costs any costs
incurred by the Non-Federal Sponsor for in-kind contributions, subject to the conditions and
limitations of this paragraph. The Non-Federal Sponsor in a timely manner shall provide the
Government with such documents as are sufficient to enable the Government to determine the
amount of costs to be included in total study costs for in-kind contributions,
a. Acceptance by the Government of in-kind contributions shall be subject
to a review by the Government to verify that all economic, engineering,real estate, and
environmental analyses or other items performed or provided as in-kind contributions are
accomplished in a satisfactory warmer and in accordance with applicable Federal laws,
regulations, and policies, and to verify that all analyses, services,materials, supplies, and.other
5
Page 602 of 1614
in-kind services provided as in-kind contributions are necessary for the Study.
b. The Non-Federal Sponsor's costs for in-kind contributions that may be
eligible for inclusion in total study costs pursuant to this Agreement shall be subject to an audit
in accordance with Article VI,C. of this Agreement to determine the reasonableness, allocability,
and allowability of such costs.
c. The Non-.Federal Sponsor's costs for in-kind contributions that may be
eligible for inclusion in total study costs pursuant to this Agreement are not subject to interest
charges, nor are they subject to adjustment to reflect changes in price levels between the time the
in-kind contributions are provided and the time the costs are included in total study costs.
d. The Government shall not include in total study costs any costs for in-
kind contributions paid by the Non-Federal Sponsor using Federal program funds unless the •
Federal agency providing the funds verifies in writing that such funds are authorized to be used to
carry out the Study.
•
e, The Government shall not include in total study costs any costs for in-
kind contributions in excess of the Government's estimate of the costs of the in-kind
contributions if the services,materials, supplies, and other in-kind services had been provided by
the Government. In addition, the Government shall not include in total study costs any costs for
in-kind contributions that were obtained at no cost to the Non-Federal Sponsor.
4. The Government,in accordance with this paragraph,shall afford credit toward
the amount of funds determined in accordance with paragraph B.1.a. of this Article for the costs
of in-kind contributions determined in accordance with paragraph B.3. of this Article. However,
the maximum amount of credit that can be afforded for in-kind contributions shall not exceed the
least of the following amounts as determined by the Government: the amount of funds
determined in accordance with paragraph B.l.a. of this Article; the costs of in-kind contributions
determined in accordance with paragraph B.3, of this Article; or 50 percent of total study costs.
5. Notwithstanding any other provision of this Agreement,the Non-Federal
Sponsor shall not be entitled to reimbursement of any costs of in-kind contributions determined
in accordance with paragraph B.3. of this Article and included in total study costs that exceed the
amount of credit afforded for in-kind contributions determined in accordance with paragraph
B.4. of this Article and the Non-Federal Sponsor shall be responsible for 100 percent of all costs
of in-kind contributions included in total study costs that exceed the amount of credit afforded.
C. Notwithstanding any other provision of this Agreement,Federal financial
participation in the Study is limited by the following provisions of this paragraph.
1. In the event the Government projects that the amount of Federal funds the
Government will make available to the Study through the then-current fiscal year, or the amount
of Federal funds the Government will make available for the Study through the upcoming fiscal
year, is not sufficient to meet the Federal share of total study costs that the Government projects
to be incurred through the then-current or upcoming fiscal year, as applicable,the Government
6
Page 603 of 1614
shall notify the Non-Federal Sponsor in writing of such insufficiency of funds and of the date the
Government projects that the Federal,funds that will have been made available to the Study will
be exhausted. Upon the exhaustion of Federal funds made available by the Government to the
Study,future performance under this Agreement shall be suspended and the parties shall proceed
in accordance with Article IX,C. of this Agreement.
2. If the Government determines that the total amount of Federal funds provided
by Congress for all studies and projects implemented pursuant to Section 14 has reached the
Section 14 Annual Program Limit, and the Government projects that the Federal funds the
Government will make available to the Study within the Section 14 Annual Program Limit will
not be sufficient to meet the Federal share of total study costs, the Government shall notify the
Non-Federal Sponsor in writing of such insufficiency of funds and of the date the Government
projects that the Federal funds that will have been made available to the Study will be exhausted.
Upon the exhaustion of Federal funds made available by the Government to the Study within the
Section 14 Annual Program Limit, future performance under this Agreement shall be suspended
and the parties shall proceed in accordance with Article IX.C. of this Agreement.
D. Upon conclusion of the period of study, the Government shall conduct an accounting,in
accordance with Article IV.C. of this Agreement, and furnish the results to the Non-Federal
Sponsor.
E. The Non-Federal Sponsor shall not use Federal program funds to meet any of its
obligations for the Study under this Agreement unless the Federal agency providing the funds
verifies in writing that such funds are authorized to be used to carry out the Study.
F. This Agreement shall not be construed as obligating either party to implement a
project. Whether the Government proceeds with implementation of the project depends upon,
among other things, the outcome of the Study and whether the proposed solution is consistent
with the Economic and Environmental Principles and Guidelines for Water and Related Land
Resources Implementation Studies and with the budget priorities of the Administration.
ARTICLE III- STUDY COORDINATION TEAM
A. To provide for consistent and effective communication,the Non-Federal Sponsor and
p P
the Government,not later than 30 calendar days after the effective date of this Agreement,shall
appoint named senior representatives to a Study Coordination Team. Thereafter,the Study
Coordination Team shall meet regularly until the end of the period of study. The Government's •
Project Manager and a counterpart named by the Non-Federal Sponsor shall co-chair the Study
Coordination Team.
B. The Government's Project Manager and the Non-Federal Sponsor's counterpart shall
keep the Study Coordination Team informed of the progress of the Study and of significant pending
issues and actions, and shall seek the views of the Study Coordination Team on matters that the
Study Coordination Team generally oversees.
7
Page 604 of 1614
C. Until the end of the period of study, the Study Coordination Team shall generally
oversee the Study, including matters related to: plan formulation and evaluation, including
applicable economic, engineering, real estate, and environmental analyses; scheduling of reports
and work products;independent technical review and other review processes required by the
Government; completion of all necessary environmental coordination and documentation;contract
awards and modifications; contract costs; the Government's cost projections; the performance of,
scheduling, and determining the value of in-kind contributions; determination of anticipated
future requirements for real property and relocation requirements and performance of operation,
maintenance,repair,rehabilitation, and replacement of the proposed project including anticipated
requirements for permits; and other matters related to the Study. This oversight of the Study shall
be consistent with the PMP.
D. The Study Coordination Team may make recommendations to the District Engineer
on matters related to the Study that the Study Coordination Team generally oversees,including
suggestions to avoid potential sources of dispute. The Government in good faith shall consider the
recommendations of the Study Coordination Team. The Government,having the legal authority
and responsibility for performance of the Study has the discretion to accept or reject, in whole or in
part,the Study Coordination Team's recommendations.
E. The Non-Federal Sponsor's costs of participation in the Study Coordination Team
shall be included in total study costs and shared in accordance with the provisions of this
Agreement,subject to an audit in accordance with Article VI.C. of this Agreement to determine
reasonableness, allocability, and allowability of such costs. The Government's costs of
participation in the Study Coordination Team shall be included in total study costs and shared in
accordance with the provisions of this Agreement.
ARTICLE IV-METHOD OF PAYMENT
A. In accordance with the provisions of this paragraph, the Government shall maintain
current records and provide to the Non-Federal Sponsor current projections of costs,financial
obligations, the contributions provided by the parties, the costs included in total study costs for
in-kind contributions determined in accordance with Article II.B.3. of this Agreement, and the
credit to be afforded for in-kind contributions pursuant to Article II.B.4. of this Agreement.
1. As of the effective date of this Agreement, total'study costs are projected to be
$325,000;the value of the Non-Federal Sponsor's contributions under Article III and Article VI of
this Agreement is projected to be$25,000;the amount of funds determined in accordance with
Article II.B.I.a. of this Agreement is projected to be$137,500; the costs included in total study
costs for in-kind contributions determined in accordance with Article II.B.3..of this Agreement
are projected to be$81,250; the credit to be afforded for in-kind contributions pursuant to Article
II.B.4. of this Agreement is projected to be$81,250; the Non-Federal Sponsor's contribution of
funds required by Article II.B.1.b, of this Agreement is projected to be$56,250; and the non-
Federal proportionate share is projected to be 45.83 percent. These amounts and percentage are
estimates subject to adjustment by the Government, after consultation with the Non-Federal
Sponsor, and are not to be construed as the total financial responsibilities of the Government and
8
Page 605 of 1614
the Non-Federal Sponsor.
2. By October 1, 2015, and by each quarterly anniversary thereof until the
conclusion of the period of study and resolution of all relevant claims and appeals, the
Government shall provide the Non-Federal Sponsor with a report setting forth all contributions
provided to date and the current projections of the following: total study costs; the.value of the
• Non-Federal Sponsor's contributions under Article III and Article VI of this Agreement; the
amount of funds determined in accordance with Article II.B.l.a. of this Agreement;the costs
. included in total study costs for in-kind contributions determined in accordance with Article
II,B.3. of this Agreement; the credit to be afforded for in-kind contributions pursuant to Article
I1B.4. of this Agreement; the Non-Federal Sponsor's contribution of funds required by Article
of this Agreement; and the non-Federal proportionate share.
B. The Non-Federal Sponsor shall provide the contribution of funds required by Article
II.B.1.b. of this Agreement in accordance with the provisions of this paragraph.
1. Not less than 7 calendar days after the effective date of this Agreement, the
Government shall notify the Non-Federal Sponsor in writing of the funds the Government
determines to be required from the Non-Federal Sponsor to meet its projected share.under Article
II.B.'1.b.of this Agreement. Within 30 calendar days of receipt of such notice, the Non-Federal
Sponsor shall provide the Government with the full amount of such required funds by delivering
a check payable to "FAO, USAED, Jacksonville (K3)"to the District Engineer, or verifying to
the satisfaction of the Government that the Non-Federal Sponsor has deposited such required
funds in an escrow or other account acceptable to the Government, with interest accruing to the
Non-Federal Sponsor, or by providing an Electronic Funds Transfer of such required funds in
accordance with procedures established by the Government,
2. The Government shall draw from the funds provided by the Non-Federal
Sponsor such sums as the Government deems necessary,when considered with any credit the
Government projects will be afforded for in-kind contributions pursuant to Article II.B.4. of this
Agreement, to cover: (a) the non-Federal proportionate share of financial obligations for the
study incurred prior to the commencement of the period of study; and (b) the non-Federal
proportionate share of financial obligations for the study as financial obligations for the study
are incurred. If at any time the Government determines that additional funds will be needed
from the Non-Federal Sponsor to cover the Non-Federal Sponsor's share of such financial
obligations, the Government shall notify the Non-Federal Sponsor in writing of the additional
funds required and provide an explanation of why additional fiords are required. Within 60
calendar days from receipt of such notice, the Non-Federal Sponsor shall provide the
Government with the full amount of such additional required funds through any of the payment
mechanisms specified in paragraph B.1. of this Article.
C. Upon conclusion of the period of study and resolution of all relevant claims and
appeals,the Government shall conduct a final accounting and furnish the Non-Federal Sponsor
with written notice of the results of such final accounting. If outstanding relevant claims and
appeals prevent a final accounting from being conducted in a timely manner, the Government
shall conduct an interim accounting and furnish the Non-Federal Sponsor with written notice of
9
•
Page 606 of 1614
the results of such interim accounting. Once all outstanding relevant claims and appeals are
resolved, the Government shall amend the interim accounting to complete the final accounting
and furnish.the Non-Federal Sponsor with written notice of the results of such final accounting.
The interim or final accounting, as applicable, shall determine total study costs, each party's
required share thereof, and each party's total contributions thereto as of the date of such
accounting.
1. Should the interim or final accounting, as applicable, show that the Non-
Federal Sponsor's total required share of total study costs exceeds the Non-Federal Sponsor's
total contributions provided thereto,the Non-Federal Sponsor,no later than 90 calendar days
after receipt of written notice from the Government, shall make a payment to the Government in
an amount equal to the difference by delivering a check payable to"FAO, USAED, Jacksonville
(K3)" to the District Engineer or providing an Electronic Funds Transfer in accordance with
procedures established by the Government.
2. Should the interim or final accounting, as applicable, show that the total
contributions provided by the Non-Federal Sponsor for total study costs exceed the Non-Federal
Sponsor's total required share thereof, the Government, subject to the availability of funds and as
limited by Article ll,B,5, of this Agreement and the Section 14 Annual Program Limit,shall
refund or reimburse the excess amount to the Non-Federal Sponsor within 90 calendar days of
the date of completion of such accounting. In the event the Non-Federal Sponsor is due a refund
or reimbursement and funds are not available to refund or reimburse the excess amount to the
Non-Federal Sponsor, the Government shall seelc such appropriations as are necessary to make
the refund or reimbursement.
ARTICLE V -DISPUTE RESOLUTION
As a condition precedent to a party bringing any suit for breach of this Agreement,that
party must first notify the other party in writing of the nature of the purported breach and seek in
good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute
through negotiation, they may agree to a mutually acceptable method of non-binding alternative
dispute resolution with a qualified.third party acceptable to both parties. Each party shall pay an
equal share of any costs for the services provided by such a third party as such costs are incurred.
The existence of a dispute shall not excuse the parties from performance pursuant to this.
Agreement.
•
ARTICLE VI-MAINTENANCE OF RECORDS AND AUDIT
A. Not later than 60 calendar days after the effective date of this Agreement,the
Government and the Non-Federal Sponsor shall develop procedures for keeping books,records,
documents, or other evidence pertaining to costs and expenses incurred pursuant to this Agreement.
These procedures shall incorporate, and apply as appropriate,the standards for financial
management systems set forth in the Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments at 32 C.F.R. Section 33.20. The
• 10
Page 607 of 1614
Government and the Non-Federal Sponsor shall maintain such books,records, documents,or other
evidence in accordance with these procedures and for a minimum of three years after completion of
the accounting for which such books,records,documents, or other evidence were required. To the
extent permitted under applicable Federal laws and regulations, the Government and the Non-
Federal Sponsor shall each allow the other to inspect such books,records, documents, or other
evidence.
B. In accordance with 32 C.F.R. Section 33.26,the Non-Federal Sponsor is responsible for
complying with the Single Audit Act Amendments of 1996(31 U.S.C.7501-7507),as implemented
by OMB Circular No. A-133 and Department of Defense Directive 7600.10, Upon request of the
Non-Federal Sponsor and to the extent permitted under applicable Federal laws and regulations,the
Government shall provide to the Non-Federal Sponsor and independent auditors any information
necessary to enable an audit of the Non-Federal Sponsor's activities under this Agreement. The
costs of any non-Federal audits performed in accordance with this paragraph shall be allocated in
accordance with the provisions of OMB Circulars A-87 and A-133,and such costs as are allocated.
to the Study shall be included in total study costs and shared in accordance with the provisions of
this Agreement.
C. In accordance with 31 U:S.C. 7503, the Government may conduct audits in addition to
any audit that the Non-Federal Sponsor is required to conduct under the Single Audit Act
Amendments of 1996. Any such Government audits shall be conducted in accordance with
Government Auditing Standards and the cost principles in OMB Circular A-87 and other
applicable cost principles and regulations. The costs of Government audits performed in
accordance with this paragraph shall be included in total study costs and shared in.accordance with
the provisions of this Agreement.
ARTICLE VII-FEDERAL AND STATE LAWS
In carrying out its obligations under this Agreement, the Non-Federal Sponsor shall
comply with all requirements of applicable Federal laws and implementing regulations,
including,but not limited to: Title VI of the Civil Rights Act of 1964, as amended(42 U.S.C.
2000d), and Department of Defense Directive 5500.11 issued pursuant thereto;the Age
Discrimination Act of 1975 (42 U.S.C. 6102); the Rehabilitation Act of 1973, as amended(29
U.S.C. 794), and Army Regulation 600-7 issued pursuant thereto,
ARTICLE VIII-RELATIONSHIP OF PARTIES
A. In the exercise of their respective rights and obligations under this Agreement,the
Government and the Non-Federal Sponsor each.act in an independent capacity, and neither is to be
considered the officer, agent, or employee of the other.
B. In the exercise of its rights and obligations under this Agreement,neither party shall
provide,without the consent of the other party, any contractor with a release that waives or purports
to waive any rights the other party may have to seek relief or redress against that contractor either
11
Page 608 of 1614
pursuant to any cause of action that the other party may have or for violation of any law.
ARTICLE IX-TERMINATION OR SUSPENSION
A. Prior to conclusion of the period of study,upon 30 calendar days written notice to the
other party, either party may elect without penalty to terminate this Agreement or to suspend
future performance under this Agreement. In the event that either party elects to suspend future
performance under this Agreement pursuant to this paragraph, such suspension shall remain in
effect until either the Government or the Non-Federal Sponsor elects to terminate this
Agreement.
B. If at any time the Non-Federal Sponsor fails to fulfill its obligations under this
Agreement, the Assistant Secretary of the Army(Civil Works)shall terminate this Agreement or
suspend future performance under this Agreement unless the Assistant Secretary of the Army(Civil
Works) determines that continuation of performance of the Study is in the interest of the United
States or is necessary in order to satisfy agreements with any other non-Federal interests in
connection with the Study.
C. In the event future performance under this Agreement is suspended pursuant to
Article II.C. of this Agreement, such suspension shall remain in effect until such time that the
Government notifies the Non-Federal Sponsor in writing that sufficient Federal funds are
available to meet the Federal share of total study costs the Government projects to be incurred
through the then-current or upcoming fiscal year, or the Government or the Non-Federal.Sponsor
elects to terminate this Agreement.
D. In the event that this Agreement is terminated pursuant to this Article,the parties shall
conclude their activities relating to the Study and conduct an accounting in accordance with Article
IV.C. of this Agreement. To provide for this eventuality, the Government may reserve a
percentage of total Federal funds made available for the Study and an equal percentage of the
total funds contributed by the Non-Federal Sponsor in accordance with Article II.B.1.b. of this
Agreement as a contingency to pay costs of termination,including any costs of resolution of
contract claims and contract modifications. Upon termination of this Agreement, all data and
information generated as part of the Study shall be made available to the parties to the
Agreement,
E. Any termination of this Agreement or suspension of future performance under this
Agreement in accordance with this Article shall not relieve the parties of liability for any obligation
previously incurred. Any delinquent payment owed by the Non-Federal Sponsor shall be charged
interest at a rate,to be determined by the Secretary of the Treasury, equal to 150 per centum of the
average bond equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date
• on which such payment became delinquent,or auctioned immediately prior to the beginning of each
additional 3 month period if the period of delinquency exceeds 3 months.
12
Page 609 of 1614
ARTICLE X -NOTICES
A. Any notice,request, demand, or other communication required or permitted to be given
under this Agreement shall be deemed to have been duly given if in writing and delivered
personally or sent by telegram or mailed by first-class,registered, or certified mail, as follows:
If to the Non-Federal Sponsor:
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach,Florida 33139
•
If to the Government:
District Engineer
U.S. Army Corps of Engineers, Jacksonville District
• P.O. Box 4970
Jacksonville, Florida 32231-0019
B. A party may change the recipient or address to which such communications are to be
directed by giving written notice to the other party in the manner provided in this Article.
C. Any notice,request,demand,or other communication made pursuant to this Article shall
be deemed to have been received by the addressee at the earlier of such time as it is actually
received or seven calendar days after it is mailed.
ARTICLE XI- CONFIDENTIALITY
To the extent permitted by the laws governing each party,the parties agree to maintain the
confidentiality of exchanged information when requested to do so by the providing party.
ARTICLE XII-THIRD PARTY RIGHTS, BENEFITS,OR LIABILITIES
Nothing in this Agreement is intended, nor may be construed, to create any rights, confer
any benefits, or relieve any liability, of any kind whatsoever in any third person not party to this
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement,which shall
become effective upon the date it is signed by the District Engineer.
13
Page 610 of 1614
DEPARTMENT OF THE ARMY CITY OF MIAMI B/ CH,FLORIDA
BY: f< C�� -, C__• BY: ---
Jasoi A.Kirk,P.E. `mmy L.Morales
Col.nel,U.S.Army ity Manager
District Engineer
DATE: DATE: 4 %.- f r (.s
6 '
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
61.. ...2L I
City Attorney Date
14
Page 611 of 1614
CERTIFICATE OF AUTHORITY
I,Raul Aguila, do hereby certify that I am the principal legal officer of the City of Miami
Beach,that the City of Miami Beach is a legally constituted public body with full authority and
legal capability to perform the terms of the Agreement between the Department of the Army and the
City of Miami Beach in connection with the feasibility study for the City of Miami Beach,Mount
Sinai Medical Center, Section 14 Project,and to pay damages,if necessary,in the event of the
failure to perform in accordance with the terms of this Agreement and that the persons who have
executed this Agreement on behalf of the City of Miami Beach have acted within their statutory
authority.
IN WITNESS WHEREOF, I have made and executed this certification this
`,l 1 day ofArk' C6W 20 I .
•
Oa/
Raul Aguila
City Attorney
City of Miami Beach
•
15
•
• Page 612 of 1614
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract,the making of any
Federal grant, the making of any Federal loan,the entering into of any cooperative agreement,
and the extension, continuation,renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of'any agency, a
•
Member of Congress, an officer or employee of Congress, or an employee.of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete.and submit Standard.Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions,
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers(including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
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 31 U.S.C. 1352. 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 e. h such failure.
•
Jimmy L.
City Manage,;
City of Miam`.Beach
DATE: r1 X71 11.015'
16
Page 613 of 1614
CERTIFICATION OF LEGAL REVIEW
The Agreement Between the Department of the Army and the City of.Miami Beach, Florida for
the City of Miami Beach,Mount Sinai Medical Center, Section 14 Project that has been signed by the
City of Miami Beach has been fully reviewed by Office of Counsel,USAED,Jacksonville, and is legally
sufficient.
/��/�D�GrC2�
Brooks W. Moore
Supervisory Civil Works Attorney
September 25,2015
•
•
•
•
Page 614 of 1614
Exhibit D
O
Mount Sinai Medical Center, Miami Beach, FL L I GiN t�
and
State.of Florida Department of Health
MEMORANDUM OF UNDERSTANDING FOR GRANTS AND AIDS
THIS MEMORANDUM.OF UNDERSTANDING, entered into this 1st day of September 2015 by and between
the State of Florida, Departrherit of Health, hereinafter referred to as the"Department,"and Mount Sinai
Medical Center hereinafter referred to as the"Grantee,"
WITH ESSE :
WHEREAS the State:of Florida, Department of Health., by authority granted in subsection 20,43 Of the
Florida Statutes,:administers state'funds appropriated by the-Florida Legislature; and
WHEREAS two million dollaj:s 02,000,000)1s provided for"Mount Sinai Medical Center from the funds in
Specific.Appropriatioon 481A'of the 2014j2015 Appropriations Act, Laws of Florida,'Grants and Aids to
Local•Governments.and:Non-state Entities,"and
WHEREAS.Mount Sinai Medical Center located at 43(20:Alton Road Miami Beach; Florida 33140 has
received.two;million dollars, $2,000,000)for the Seawall Restoration and Flood Mitigation project which
Will fortify'and Mitigate 3 0100 linear feet of Biscayne _seawaJJ trontagearid jmproye storm Water
drainacfe: The p,,lotect Will raise and restore the perimeter seawall, raise and mill the ac `aret'main road
and add riecessaryslrajns and oUtfaiIs"to iniproveMount"Sinai's.drainage for Storm surge events and
WHEREAS the Department has received from the Grantee the attached Attachment A(,gproved Letter of
Intent)proposal for the.deveiopmetit and provision of fixed capital irnproverrient for projects to acgUire,
repair; improve"or Upgrade systems,facilities;or equipment,
IT IS THEREFOREagreed between the Department and the Grantee,as follows;.
I, THE GR`ANTEE.AGRFES:.
A. Projects.to he provided
To plan, develop and accomplish;the projects delineated in Attachment:A(Approved
letter of Intent).and activItiesspecified in I B,•of this Memorandum of Understanding or
otherWise.calise"the pianningr development: accomplishment.of such projects and/or
activities..
6:. Manner.ot""Prevision-
See:Attachnient A.:(Approved Letter of Intent)
c:; State Lads,:and gegfllatiolis
1. The,.grant activities will be conducted by the`Grantee:consistent with Florida
Statutes. FUrthert the.,:Grantee:agrees to Implement all provisions of the grant;in
accordance with federal, state,:.and local laws, roles, regulations, and policies.
2; TO obtain ail:supplies.and services for use In the`pefformahce of tlils
Memorandum of Understanding-at the lowest practicable costand to;;purchase by
means of sO.systern,of eonipetitive bidding wherever required:to-do SO:by law;.or
whenever practicable even if not required by iaw,;
B. To comply with all state;ilceri lrig:standards, all"applicable'standatds,:criteria.and
guidelines:of the Department,
1 of :
Page 615 of 1614
D. Civil Rights ReqUireinentS
1. The Grantee Assurance
a. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et
seq., which prohibits discrimination on the basis of race, color, or
national origin.
b. Section .504 of the Rehabilitation Act of 1973, as arnended, 29 U.S.C.
794, which prohibits diStrimination'on the basis Of disability.
c. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C.
1681 et seq., WhiCh prohibits discrimination on the basis of sex.
d,
The.Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et.
seq:,which prohibits discrimination on the basis of age.
e. Section 654-of the,Ortinibus Budget.Reconciliation Act of 1981, as
aMerided, 42 U,SC.-9849,Which prohibits distrimination.on the basis of
race,.creed, color, national origin, se>;., disability, political affiliation or
beliefs,
f. The Americans with Disabilities Act of 1990, P.L. 101336, which prohibits
discrimination on,the basis of disability and requires reasonable
accommodation fo'r persons.with disabiiities,
.g. All regUlatiOnt, guidelines and standard as are hOW or May be'lawfully
adopted under the above Statutes.
The Grantee agrees that compliance with this assurance constitutes a condition
of continued receipt of or bpnefil-from funds provided through this memorandum
of UnderStariding, and thet.it is.binding upon the Grantee; its successors,
trantferees,and aSsigneeslOr the period duriri whidl services,are provided.
The Grantee.further.assureslhat-ell contreCtOrS, subcontractors, sub grantees,
others whom it arranges to provide,,serviCes or benefits to participants or
employees In connection with any of its programs and activities are not
discriminating.against.those participants or employees in violation of the above
statutes,.regulations,guidelines'and Standards-.
E. Liditarid Record
1, To Maintain financial records and reports relating to funds paid Under this
Memorandum of Uhderstanding.
2. To maintain books, records,documeritsincludIng electronic storage media and
the evidence and accounting procedureg.-.and,-practites which sufficiently and
properly.reflect all threat and Indlrect.costs of any nature experided.lrithe
perforMante.orthis-MeMorandurli of Understanding,
3, These retordS'SnalFbe-,Stibjett at 411 times to inspeCtlorE; review or audit by
authorized state personnel and other'Personnel.duty authorized by the
department,.
To include these aforementioned audit and record keeping requirements In all
approved sitbcontracts-and assignments.
Audits of this grahtt accouhtlhg.shall follOw tifoSe Outlined in Chapter.215..97,,Florida
$tatutes,
P. Retention Of.fkeCordS
Retain:611-financlai'recordsi-.svppo-rting timments,StOstica) records and any other
documents-including electronic storage media pertinent.:to this Memorandum of
UtiderStabditig'fOr a'pericebOlV.e.OI:yearseafterstarting date•Of this Memorandum of
of 7
Page 616 of 1614
Understanding. If audit findings have not been resolved at the end of the five (5) year
period, the records shall be retained until resolution of the audit findings. State auditors
and any per:sons,duly authorized by the Department shall have full access and the right
td examine any of the said materials during said period.
G: Status Reports
Furnish the Department with monthly status reports.This Will include accounting for all
project;expenditures.
H. Indemnification
The Grantee agrees to be liable for all claims,.suits,judgments, or damages, including
court costs and attorneys'fees, arising:out of the negligence or intentional acts ar
omissions of the Grantee, and Its agents, subcontractors and employees, in the course of
the operation of this Meniorandt m of Understanding. Further, the Grantee agrees to
'indemnify the Department against.all claims,suits,judgments, or damages, Including
court costs and attorneys'fees, arising out of the negligence or intentional acts or
-omissions of the,Grantee and its agents, subcontractors; and employees, in the course of
the operation of this Memorandum of Understanding. Where:the Grantee and the
DepartMerit commit joint negligent acts, the Grantee shall not be liable for, nor have any
obligation to defend, the Department with respect to that part of thejoint negligent act
:committed:_by the Department In no event shall the Grantee be liable for or have any
obligation to defend the Department against such claims,;suits,judgments:.or damages,
including costs and attorneys`fees, arising out the sole negligent acts of the
Department,
Publicity,and Publ ;;Notice
Ali notices, informational pamphlets, press releases, research reports a nd similar public
notices referencing the construction of:tfis building and prepared and released by the
Grantee shall Include the statement: 'T/ils ptO.jectt"fs funded under Memorandum of
Understanding with the State of Flor.'Iria, Departmert.of Health,"
3. Safeguarding Grantee•Inf6rhiation.
the`Grantee`.shall"not use or disclose any information concerning the eventual grantees
of projects:under this Memorandum of Understandiilg for any purpose'not In conformity
with state.and federal regulations;:as determined.by the Department,:except on written
consent of the Grantee, his attorney, or his responsible.parent or guardian.,
K. 'Monitoring:
The Granteeshall permit•state.personnel to monitor.according to applicable:•regulations
of the state government,the projectSlhatare the-subjett of this Memor'andum'of
Understanding.
L. public Access'
To allow public access'to all documents; papers,letters) or other materlal:subject to the
ptovislons of Chapter 119;Florida Statutes,-and made or received by:the Grantee in
=conjunctiontwith this Mern"orandum of Understanding,
M, ;Security:Agreenieht
If the.appropriated funds are for-purchase of;or,improvements to rear property the
-Grarjteo agrees to sign and have:recorded a lien and securi
of state funds provided for at least five years from the date of purchase.or the
completion of the improvements,
N. Assignment of Grantee's._,_Interest in Property
During the term of the agreement, the Grantee is prohibited from selling; transferring,
mortgaging, or assigning the Grantee's interest in the leasehold,.improvements,
renovations, or personalty, unless the administering agency approves the sale, transfer,
mortgage; or assignment, and except for indenture and mortgage agreements.related to
Grantee's bond financing;or any modifications to any other mortgages, liens, or
securities interests in effect.prior to the.date of the execution of this agreement; and, in
the case of sale; transfer,-or:assightnent, the purchaser, transferor, or assignee must
fully assume; in writing, all of the terms and conditions of the:agreement required by this
subsection.
TI. THE.DEPARTMENT AGREES:
A. .Con sUltation
TO furnish consultation and technical assistance,to the Grantee, if requested.
B, Method of Payment for Services
1.. In no event will payment be-Made under Section II.B. for matching grant
situations under this Memorandum Of Understanding-unless Grantee`illustrates to
the.Department that the project_is fully funded with proper matching funds as
specified fn the Letter Of Intent.
2.. Subject:to the availability of state funds,,the Departm'entshail.make evailablelo
the•Grantee a sum net to exceed.2,000,000 during the term,of this
Memorandum of Understanding,
3, In no.event will payment be made in excess of 2 000 000 of state funds as
agreed upon by all parties.:this Memorandum of Understanding..
4':. Upon notification by the Department that alt dotunients have been approved;.the
Grantee shall prepare and subrnita six-month spending plan prepared.by the
Grantee and approved by the Department; The,spending plan Must provide
details as to when the funds will be needed and for what.purpose, Supporting
.documentation must be included to support the spending playa. ,Attachment B Is
an example of an acceptable format of the spending plan. The spending plan
and.approved d ocuments Willbe used.to'request release:'of funds.
5, Upon`notification by the Department_that funds have been released; the Grantee:
shall.prepare end.submit;an lnvoJ.ce for the first payment In the amount of(2094)
of the grant amount, The invoice is.to be on the Grantee's.;stationary.
6; Further payments::will be based:on subsequent six-month spendlhg plans
prepared by the Grantee.encl.approved by the Department The Grantee will
submit:invoices as needed.to.fund the,project,51),(months In.advarce.
7: The: may advance parts or the whole Of any advances=befcire they
.become d ie if it is,agreed by the partles,and advisable:to do,so and,all such
:advances or releases shall be;deemed to have-been rr►ade.in pursuance of this;.
Memorandum of Understanding:and not to be-a modification hereof; The
making,.of any-such'advance or any:part of such advance shale not be:deemed an
approval or acceptance.by the Department of the-Work.therefore.dbne,
8: All sums advanced.hereunder shall be=used by the Grantee.solely and eXclgsively
for the_purpose lnterided,..to 101 fixed ca.1 al II .orb Orient"or.:•to'ects:to,
acquire,.repair,,improve p.upgrade,:systems,..fatIllties-or-egiiiprn_ent,
4 Of 7
Page 618 of 1614
•
9. Upon completion of the project, a final accounting will be made and any funds.
riot used in the completion of the project shall be returned to the.Department
within thirty (30) days after the final accounting report is submitted to the
Department.
10, Any interest earned from advanced moneys shall be returned to the Department
or shall be reduced from subsequent request of fund .
III, THE DEPARTMENT AND THE GMNTEE MUTUALLY AGREE:
A. Effective Date
1, This Memorandum of Understanding shall be:effective 61 L4g_.Igj..,2QL.5, or on the
date on which this Memorandum of Understanding_has been signed by both
parties, whichever is:later.
2. This Memorandum of Understanding shall end on February 1, 2017 or at the end
bitheproject,
B, Termination
1. Termination Because Lack of Funds: It is agreed that in the event funds to
finance this Memorandum of Understanding, or part of this Memorandum of
Understanding become unavailable,the obligations of each party, hereunder may
be terminated upon no less than twenty-four(24) hours notice in writing to the
Other party. Said note shall be deliVered by:Certified mail,-return:receipt
requested, or in person with proof of delivery. The Department Shall be the final
authority as to the availability of state funds,and as to how any available funds
will'be.allocated among'Grantees.
2. Termination for Breach; Unless the Grantee's breach is excused, the Department
may; by writteri.nalce-8petifically:setting"forth the of breach to the Grantee,
Which shall allow a thirty (30) day period whereby the Grantee may cure any
such breath, terminate the whole or any part of this Memorandum Of
Understanding in any of the following circumstances:
a. If the.Grantee fails to provide:services'called for by this Memorandum of
Understanding,within thelimespetified herein or any extension thereof.;
or
b. If the Grantee fail8r.to perform any of the:Other prcivitloriS Of thls
MeMorandUrn:Of-Underttanding.
-0, Except'eS set forth above in'SdpsectiOn III, 5.2.i,termination:Shall be
upon no less than tWenty.-foor:(24)1hdtirs nOtice in-writing deliVered by
certified mail, return receipt,requested,pr In person with proof of
delivery,
The Grantee shall continue the perforitance-of-thiS,MeMorandUM of
Understanding to the.e.Aerid not terminated iodo the:prOvisions.:orthiS:cla*e,
1 Waiver of Breach of any provision of this Memorandum of Understanding shall
not be deemed to bezwaiver.ofapy.other or subsequent breach shall not be
construed to be.a modification Of the terms of this Memorandum of
Underttanding,
•c . Arrangements-
/*etreoelPt of a.nOtiOofterrnination, and eXcppt as:otherWfse directed, he Grantee
5 of 7
Page 619 of 1614
1. Stop work under this Memorandum of Understanding on the date and to the
extent specified in the notice of termination,
2. Place no further orders or contracts for materials, services or facilities except as
may be necessary for completion of such portion of work under the
Memorandurii of Understanding as is not terminated:
3. Terminate ail outstanding orders and contracts to the extent that they relate to
the.lerformance of work under this Memorandum of Understanding which was
terminated.
4. Prepare-all,necessary reports and documents required Under the terms,of this
Memorandum.of Understanding up to the date of termination,.including the final
report due upon completion of this Memorandum of Understanding, if any,
without'reimbursernent for projects rendered in completing said reports beyond
termination date if said reports are not completed prior to termination,date.
5. Notwithstanding anything to the contrary set forth herein, upon termination of
this agreement, the Parties hereby agree that the Grantee may continue work on
the project that is the subject of this Memorandum of•Understanding so long as.
such work is funded by sources other than the'Department under this
Memorandum Of Understanding.
6. Take any other actions as directed in writing by the Department.
D. Renegotiation or Modification
Any alterations, variations, modifications, or waivers of provisions of this Memorandum of
.Understanding shall be valid when they have been reduced to writing,duly signed by all
parties hereto, and attached to the original of this Memorandlini,of.Understanding.
F. Name of Payee.
The name of the official payee to whom the Department shall issue checks shall be
Mount,Sinai;,Medtcajcenter. The payee's Federal Employer Identification Number is',5
0624424.
Use Of Funds for Lobbying Prohibited
Grantee will comply:with the provisions':of section:216347, Florida.Statutes, which
prohibits the expenditure of grants and aids appropriations'fel'the purpose of lobbying
the Legislature,.the judicial branch, or a:state'agency.
G. 6,111 1015 and Conditions Included in Memorandum oiUndejstandind
This.Memorandum of`Understanding and its incorporated attachnients:coritain all the
terms.and conditions agreed upon by the-parties No other agreements;,-Oral or
otherwise,regarding the subject matter of this Memotandum of Understanding shall be
deemed to exist or to bind any of the parties'hereto..
H. Attaehmen*;t_n be.Part:ef Memorandum of Uriderstangik l
Attachttierit.A'(Approved Letter of.Intent)
Atrachrrreht f (S101ontri:Spending Plan'eXari?ple)
6of7
Page 620 of 1614
The following signatures constitute acceptance of this agreement by Mount Sinai Medical Center and the
Department of Health:
04,14.—___
SteVe D. Sorenrel9 , President&CEDO
Mount Sinai Medical Center(Grantee)
Date: 44,111.._
/11)/11141—
Thomas L. Matthias,Administrator of Design&Construction
Division of AdmIniStration
Department of Health (Department)
Date:
4-7 i
Roger T itchell, Chief Bureau of General Services
DiVision of AdMiriistration
Department of Healtft;Pepartment),
Date: :144=-,e/0-,r
.... A
Ed MdEadhrOn, Division !Director
DiviSion of Administration
Departmentpfl-lealt_ Departhent.)
Date: 0/24111
.APIROVED AS TO FORM AND LEGALITY:
4j 1
--P
.- i' k
r
.
a hie Be Myrick, Deputy GellOir I Caingel for Health
D, artMenifOf Wept) ent)
Date:jO pg .
t of 7
Page 621 of 1614
A Itadkn0e 1-14- 75
1. A LETTER OF INTENT TRANSMITTAL FOR A FIXED CAPITAL OUTLAY GRANT
TO: Department of Health
Design and Construction Section
4052 Bald Cypress Way, Bin #606
Tallahassee, Florida 32399-1734
FROM: Mount Sinai Medical Center • AV I,/
4300 Alton Road ,y
Miami Beach, FL 33140
Grant Source: Grants and Aid to Local Government and Non State Entities
item Number: 481A 2014-15 Legislative Appropriation Bill
Amount: $2,000,000
Project Title: Mount Sinai Medical Center(Miami-Dade) -Seawall
Project Location: 4300 Alton Road Miami Beach
Contact Person: Stacy Kilroy, Director of Planning &Government Relations
Telephone: 305-674-2209 office, 305-527.4028 cell
Email Address: skilroy@msmc,com
Federal Tax ID: 590624424
LETTER OF INTENT IS ATT ATTACHED
March 10, 2015
Submitted: Date
Steven D. Sonenreich, President & Chief Executive Officer
Letter of Intent Review and Approval
• 51 ► s
Revie ■-d: D to
P014;4_ ;/0.1'//5
Rev awed: Thomas L. Matthias,Acting Administrator . Date
Design and Co et, •
Air
_ L Z _
Approved: . Roi:r Twitc eli, Chief Da e
Bure- of General Services
Page 622 of 1614
A LETTER OF INTENT
• FOR A FIXED CAPITAL OUTLAY GRANT
MOUNT SINAI MEDICAL CENTER
Page 2
•
LETTER OF INTENT TRANSMITTAL
FOR A FIXED CAPITAL OUTLAY GRANT
Tra-rismittat. ..s-..attached.
2. Interest Grantee has in real property.
a. Specify the leasehold or other real property interest the grantee has in the real
property.
The property is 100% owned by the grantee and not leased. The property is
identified as Miami-Dade County Folio: 02..-3222-011-.0360
b. State the name of the owner of the real property.
Mount Sinai Medical Center of Florida, Inc.
c. Describe the relationship between the owner of the
real property and the grantee.
The owner of the real property is the grantee.
3. Set forth with specificity the improvements, renovations, and equipment to be
purchased pursuant to the grants
The Seawall Restoration and Flood Mitigation Project will fortify and mitigate 3,000 linear feet of
Biscayne Bay seawall frontage and improve stormwater drainage in line with community and
state resiliency goals. The project will raise and restore the perimeter seawall, raise and mill the
adjacent main road and add necessary drains and outfalls to Improve Mount Sinai's drainage for
storm surge events.
The project is a collaboration of Mount Sinai Medical Center, the City of Miami Beach, the State
of Florida, and the U.S. Army Corps of Engineers. (USAGE), At the end of the project, the
seawall area will be granted in an easement agreement to the City for the public's enjoyment.
PROJECT
The current project is necessary to protect and drain the perimeter roads and disaster staging
areas that connect to patient hospital buildings, It will allow Mount Sinai to maintain
emergency services, shelters for electric and oxygen dependent persons, and care for
critically III patients. Evidence gathered from past disasters shows that these individuals are
usually the elderly, newborns, or psychiatric patients. In addition, Mount Sinai Is an Essential
Services facility and a disaster coordinating point. The City of Miami Beach and Mount Sinai
are collaborating to create a new regional Emergency Operations Center, which will be part of
the Mount Sinai Emergency Department. Additionally, to serve Its function, Mount Sinai has a
helipad, water access, and a perimeter road that connects our facilities to the city. The
project will protect these assets.
•
Page 623 of 1614 •
A LETTER OF INTENT
FOR A FIXED CAPITAL OUTLAY GRANT
MOUNT SINAI MEDICAL CENTER
Page 3
The scope has three elements: seawall restoration, drainage improvements and seawall
adjacent road rehabilitation. To maximize funding sources it is currently anticipated that each
scope will be completed separately.
Seawall Restoration
The seawall, campus drainage and perimeter road design will be integrated with each other,
but will take place in phases. This phasing is due to the USAGE process for planning and
funding. The USACE expects to start.a planning study in 2015. This study will recommend a
design for the seawall restoration, It is anticipated that construction will start in 2016. The
balance of this study is on the marine environment and surrounding conditions. Mount Sinai
will donate its current civil engineering designs and assessments to the planning study.
Campus wide civil engineering integration
Kim ley Horn (KI-1) has been retained by Mount Sinai to assess the hospital's drainage needs,
which include its seawall outfalls, connection to the outfalls, assessment of the perimeter road
• and utility connections within this road. In particular, KH will focus on the need to protect
Mount Sinai's investment in the construction of Its new regional critical care infrastructure,
which includes a new emergency department and an acute care patient tower. The KH
assessments are estimated to be complete by May 2015, and will be furnished to the USACE.
The construction of the seawall outfalls, road or drainage will begin In 2017-18. The State's
contribution will be used for these portions of the work.
Perimeter Road
Kimley Horn (KH) in conjunction with Cannon Design will assess the width, grade and travel
safety of the current perimeter road direbtly adjacent to the seawall. The perimeter road
design will be a subset of a larger project, but will be separated for the purposes.of funding.
The design is estimated to be complete in 2015. The perimeter road construction will be one
of the final constructed items and should occur by 2018.
At the present time, the seawall portion of the project has been added to the USACE
Congressional start list for planning projects for FY 1415. It Is anticipated that the USACE will
address the seawall portion and provide significant planning, design and funding for the project. •
If funded by Congress, the USACE portion of the project will start early as Fall 2015 or as late
as Fall 2018.
Projects greater than $500,000 will require a detailed building program defining the scope
of work including:
a. Any prior actions associated with the project None
b. Demolition $100,000
c. Design $408,000
d. Construction (less demolition) $4,235,000
e. Furnishings& Equipment None
f. Special Considerations $357 000
TOTAL $6,100,000
• - Page 624 of 1614
A LETTER OF INTENT
FOR A FIXED CAPITAL OUTLAY GRANT
MOUNT SINAI MEDICAL CENTER
Page 4
4. Anticipated Project Breakdown
a. Display funding, include sources of funds for the entire project
state 2 oao;aoo
Federal 3,1000000
b. Projected project cost breakdowns
Des!.n & En*,sneering 408,001
Seawall & Environmental Restoration _ __ 224,400 •
Water Removal and Drainage �102,000
• Road Restoration _ _Lugo
Other Professional Services �___._....._ 387,000
Permittin•, Inspection and Misc. Service Construction 4,335,000
Demolition 100,000
Seawall & Environmental Restoration. 1,284,250
Water Removal and Drainage 2,083,750'
Road Restoration 867,000
PROJECT TOTAL ,400,000
5. The methods of accounting to be used to assure the State that the grant funds will be
properly utilized.
ACCOUNTING •
The accounting principles to be used for this project are the best practices for
accounting of funds, which includes a set of conflict of interest policies and rules,
Internal financial controls and Internal and external audit procedures that meet
requirements in chapter 215.97, Florida Statutes and OMB Circular A-133.
These include, but are not limited to:
Segregation of duties controls-accounting policies that ensure that no single
individual requests, authorizes, verifies and records expenditures;
General enti(v-level con rocs-detailed income and expense budget and periodic
reports comparing actual receipts and expenditures to budgets;
Restricted revenue procedures-procedures to ensure that grants and
contributions received are properly recorded, accountings required as a condition
of any grant are completed and restrictions on the use of such funds, such as
contributions given for a restricted purpose and prohibitions on the use of the
principle of an endowment, are obeyed;
Page 625 of 1614
A LETTER OF INTENT
FOR A FIXED CAPITAL OUTLAY GRANT
MOUNT SINAI MEDICAL CENTER
Page 5
Purchasing rules & policies - procedures for buying materials and approving
contracts to which the organization is a party, Including securing competitive bids
_._.. ' ' .._........ from vendors.:_...._... -
Accounts payable rules&policies-written policies with procedures for
requisitioning, authorizing, verifying, recording and monitoring all expenditures,
including payment of invoices, petty cash and other expenditures.
6. Anticipated project development calendar/schedule
The project has three components: Seawall, road and drainage. Each component
will involve different design and construction methods and necessarily involve
different scheduling. The following chart creates a composite schedule that
combines all portions of the project.
Contract Issuance days
Design .�. 180 days_
Permitting 360 days
Construction 720 days
Inspection 60 days
State Contract Close out 60 days
TOTAL 1440-1620 days
7.Anticipated invoicing schedule for grant payments accompanied by the Justification of
the invoice timing.and payment Increments.
ANTICIPATED INVOICING SCHEDULE
Request for Reimbursements, also known as invoices for grant payments, will be
issued as Indicated by the following chart. Request for Reimbursement invoices will
begin at the end of the third financial quarter following the execution of the DOH
contract. There will be an estimated two grant payments. The payments follow the
need for funds as estimated by the schedule below and would be substantially
•
complete by June 31, 2015.
1st Pyment 1,000,000 May 31, 2015
2nd Pment 1,000,000 June 30, 2015
The State funds are estimated to be expended by the end of 2015. However, the entire
project will not be officially complete until the USACE portion finishes.
_.. Page 626 of 1614
A LETTER OF INTENT
FOR A FIXED CAPITAL OUTLAY GRANT
MOUNT SINAI MEDICAL CENTER
Page 6
8. Describe the longevity of the proposed project.
The project will have at least a 30 year life. The project area will be maintained by the City of
Miami Beach and Mount Sinai Medical Center.
9. Describe quality control methods to assure the best product Is being received,
QUALITY CONTROL
The project will be designed and constructed under the guidance of the USACE and a
special inspector. Work will be inspected daily by the contractor with monthly reports
provided to the grantee if requested.
Mount Sinai Medical Center maintains policies for procurement to ensure that
competitive prices are obtained for all of its materials and contracts. For construction
projects that require design and professionals services, Mount Sinai develops criteria
for individual project qualification and also requires that the projects are competitively
bid among qualified applicants.
10. SIGNATURE PAGE SIGNED BY GRANTEE OFFICIAL
Submitted: Date
Steven D. Sonenreich, Pr, sident &Chief Executive Officer
•
_-------.-.__--...__......__.......-Page 627 of 1614
•
LETTER OF INTENT TRANSMITTAL
• FOR A A FIXE,a CAPITAL OUTLAY GRANT
MOUNT SINAI MEDICAL C gage ENTER
8
•
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•
Page 628 of 1614
Exhibit E
MIAMI BEACH
City of Miami Beach, 170.0 Convention Center b6/9, Miami Beach, riotkra 33139, *tedtalettliketobiLoo.V
Jimmy L. Morales, City Manager
Tel: 305-01-10.10,.Fax 3;k5-t13-1.702
Jtif10171.2016
Mount sinatMadioqi:center
.40Q.Altunlipatt
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INYO105..1 FUNDS'(N.:Ai/100NT OP- $ 00,000 keautRED FOR'MATCHING FUNDS FOR
CORTINVINti AUTHOROISS ..PROGRAM toAPle. gOtrON i4 CITY OF .mbom 1BEACH
MOUNT NAI MEDICAL CENTER, IVISRGENCY• ':$11RtAISANk '614.0KELItIE
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FROTSCIIMPROJEOT.
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approved aSiOdylpItlatien Requeaft$101,-40'fartherit446*0141ratifit:-.144$0 itertniflaiti)n. 1D)tor the
continuing:Authoittee Onlgrprn OAPV$411„,Ort-:14.,01Vol Warn( Sesati Eitnat'MOW rOenter,
i.Ernergenot Str.earnbarkahoreltne;Protaplion Pro** 1.fie.pSAc Feasibility Study-Report Is now
underway for the repair, restoration, and/or modilioatton tit] emergianpy::strearnbank And _istiorefine
protedizlialAilithear.tistorseamiIlitoproventdatrages.Witte'MOO.
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As approved ,LT.04811.4010 and theveouted.1001):betiffeen.Mount.Sinal and the4ityof Miami Beach,
and in an affortto faolittate.thjietrier9en9y sitearnbanicand$1710100.erSiOn PrOtea011:1110jeot at Mount
Medical Center,the,...01*,reatiiree Mount SinatioproVidezupfamitimatahttt funds that 'e necessary
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Page 629 of 1614
MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. LTC# 188-2016 LETTER TO COMMISSION
TO: Mayor Philip Levine and Members of ti e City Corn ission
A
FROM: Jimmy L. Morales, City Manager
DATE: April 29, 2016
p
SUBJECT: Project Update — Mount Sinai edical Center's Erosion Project with the U.S.
Army Corps of Engineers Under the Continuing Authorities Program (CAP), Section 14.
•
On April 9, 2014, the City Commission adopted City Resolution No. 2014-28535, in which the
City of Miami Beach entered into a Cooperative Agreement with Mount Sinai Medical Center
(Mount Sinai) to serve as their non-Federal sponsor for a mitigation project with the U.S. Army
Corps of Engineers (USAGE), which aims to provide protection for critical infrastructure from
flooding and storm damages due to erosion. Mount Sinai has agreed to indemnify the City
against the cost.
The Total Project Cost is ultimately cost shared 65% Federal and 35% Non-Federal Sponsor,
with the Federal limit capped at $5 million. Financial responsibilities for Federal and Non-Federal
partners are as follows:
Maximum Funding Total Phase 1 Phases 2 & 3
Federal Cost Share—maximum allowable 5,000,000 162,500 4,837,500
Non-Federal Sponsor Cost 2,692,308 162.500 2,529,808
Maximum Project Cost 7,692,308 325,000 7,367,308
•
Mount Sinai has secured non-Federal matching funds in the amount of$2 million from the State
of Florida for this project. Mount Sinai needs to draw the matching funds from the State trust fund
to ensure these monies are not surrendered in the upcoming legislative year. In the interest of
securing these funds for the USACE project, the State of Florida has allowed the City to
encumber the funds on behalf of Mount Sinai. The City and Mount Sinai are having discussions
regarding entering into an Agreement, which would fully and legally commit the State funds to
the USACE project. The funds will be kept in a fully audited escrow account with Mount Sinai
bearing the escrow auditing requirements. Mount Sinai will pay the City a 1% audit fee for its
administrative efforts.
Project Status
On September 25, 2015, the City entered into an agreement with the USACE to begin the first of
three phases of the project - the Feasibility Study. The total cost of the Feasibility Study is
estimated to be $325,000, with the cost share agreement requiring a 50% match from the Non-
Federal sponsor. The Federal share is $162,500 and the required Non-Federal matching share
is $162,500. The amount of the Non-Federal matching share, $162,500 includes two credits in
the amounts of$25,000(Study Coordination Team & audit costs) and $81,250 (in-kind services),
and one initial contribution in the amount of $56,250. Mount Sinai provided the $56,250 to the
City, which transferred it to the USACE in to the beginning of the Feasibility Study phase.
Page 630 of 1614
This project provides a unique opportunity to showcase the benefits of incorporating green
infrastructure with traditional gray infrastructure investments. To this end, the City has partnered
with The Nature Conservancy to hold a workshop on the benefits and feasibility of including a
hybrid or living shore line design as an option. Department of Emergency Management
personnel will continue to collaborate with the Public Works Department, the Chief Resiliency
Officer, the Environment and Sustainability Department, the City's Grants Officer and the
Finance Department to coordinate with Mount Sinai and the USACE on a regular basis to
facilitate this project.
JLM/CT/CRF/AST/CBR
F:IEMGT\$ALL1105 Director's Office\Correspondence\LTC 2016.02.03-Mt Sinai CAP Project-Update.docx
Page 631 of 1614