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FMA Contract Mod. NO.1 With The Division of Emergency Management-2 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis Jared Moskowitz Governor Director August 27, 2019 Ms. Judy Hoanshelt 1700 Convention Center Drive Miami Beach, FL 33139 Re: Project#: FMA-PL-04-FL-2016-012 City of Miami Beach Flood Mitigation Assistance Dear Ms. Hoanshelt: Enclosed is the executed Flood Mitigation Assistance Program (FMA) contract modification number one (1) (DEM No. 18FM-X8-11-23-02-226) between City of Miami Beach and the Division of Emergency Management. Please forward all Requests for Reimbursement (Attachment D) to the Division of Emergency Management at the following address: Robert Collins, Project Manager Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 If you have any specific questions regarding the contract or the Request for Reimbursement form, please contact Robert Collins at (850) 815-4552. Respectfully, Miles E. Anderson Bureau Chief, Mitigation State Hazard Mitigation Officer MEA: zb Enclosure DIVISION HEADQUARTERS Tel: 850-413-9969 • Fax: 850-488-1016 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.orq 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Contract Number: 18FM-X8-11-23-02-226 Project Number: FMA-PL-04-FL-2016-012 MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND THE CITY OF MIAMI BEACH This Modification Number One (1) is made and entered into by and between the State of Florida, Division of Emergency Management("the Division"), and the City of Miami Beach ("Sub-Recipient")to modify Contract Number 18FM-X8-11-23-02-226, dated November 7, 2017 ("the Agreement"). WHEREAS, the Division and the Sub-Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to Sub-Recipient under the Flood Mitigation Assistance Program of$18,750.00 in Federal funds; and WHEREAS, the Division and the Sub-Recipient desire to modify the Agreement; and WHEREAS, the Agreement shall expire on August 30, 2019; and WHEREAS, the Division and the Sub-Recipient desire to extend the terms of the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. Paragraph 8 of the Agreement is hereby amended to read as follows: (8) PERIOD OF AGREEMENT This Agreement shall begin November 7, 2017 and shall end March 30, 2020; unless terminated earlier in accordance with the provisions of paragraph (17) of this Agreement 2. The Scope of Work, to the Agreement, are hereby modified as set forth in 1st Revised Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 3. All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective on the date of execution of this Modification by both parties. 4. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 5. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. 1 IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. ) oi I gegt&k._ By. `r- rte( Name and Title: ViaiV- 1 G LI Si ASS IS-10/77 i1 f, -O/zL?c o,,17-1-r). trici ao, les aottAr-/r Date: g fl I SY/ ei 1 ARM&LANGAUA E FO &FOR EX CLITION STATE OF FLORIDA GAiei DIVISION OF EMERGENCY MANAGEMENT4 O _ City Attorney By: _ • Name and Title: Jared Moskowitz, Director Date: ty~LA--Lola( 2 Attachment A Scope of Work and Budget 1st Revision The Recipient, City of Miami Beach, Florida will develop a Flood Mitigation Plan.The purpose of this plan is to produce a program of activities that will best address City of Miami • Beach's vulnerability to flood hazards. The plan will identify the source, frequency and severity of flooding problems and cost effective mitigation measures. It will be consistent with City of Miami Beach's Local Mitigation Strategy(LMS), the National Flood Insurance Program (NFIP) Community Rating System (CRS)floodplain management process as identified by the Disaster Mitigation Act of 2000. The Scope of Work will be comprised of the following elements as required by the CRS Program, Federal Emergency Management Agency(FEMA) and 44 CFR 201.6. 1. Planning Process-Organize the planning effort to involve community stakeholders. The planning process shall include an opportunity for the public to comment on the plan during the drafting stage and prior to plan approval. The planning process shall also include an opportunity for neighboring communities, local and regional agencies involved in hazard mitigation activities, and agencies that have the authority to regulate development, as well as businesses, academia, and other private and non- profit interests to be involved in the planning process. Existing plans, studies, reports, and technical information shall be reviewed and incorporated in the plan where appropriate. The recipient will assess hazards by reviewing the existing City of Miami Beach LMS flood section, the Digital Flood Insurance Rate Map (DFIRM), the City of Miami Beach Flood Management Plan, and all relevant maps and property data to identify weaknesses, gaps and possible improvements needed. The Recipient shall provide a draft document of how the planning process will be conducted. (See the Florida LMS Plan Review Tool elements P1 thru PT for guidance on what to include) The Recipient shall provide a draft document of the initial considerations in identifying the flood hazards to be updated in the Hazard Identification and Risk Assessment process. (See the Florida LMS Plan Review Tool elements R1 and R2 for guidance on what to include) • The Recipient shall provide a draft document of goals to reduce the City of Miami Beach's vulnerabilities, an updated mitigation strategy that provides the City's blueprint for reducing potential losses identified in the risk assessment and that addresses the City's participation in the NFIP including continued compliance with NFIP requirements. (See the Florida LMS Plan Review Tool elements S1 and S2 for guidance on what to include) 2. Plan Content-The plan shall include documentation of the planning process used to update the plan, including how it was prepared, who was involved in the process, and how the public was involved. The plan must include a risk assessment that provides the factual basis for activities proposed in the strategy to reduce losses from identified hazards. The plan will analyze the City of Miami Beach's vulnerability to flooding including a description of the impact it may have on 3 - critical facilities, infrastructure, and the City of Miami Beach's economy and tax base. It will include the number and types of buildings subject to flooding and an estimate of potential dollar losses to vulnerable structures. It will also include an assessment of procedures for warning and evacuating residents and visitors. (Refer to 44 CFR 201.6 (c) for a complete description of the elements required to be included in the plan) The Recipient shall provide a completed Hazard Identification and Risk Assessment document to include completion of elements R1 thru R9 of the LMS Plan Review Tool. (In addition to elements R1 and R2 referenced above, see the Florida LMS Plan Review Tool elements R3 thru R9 for guidance on what to include) 3. Plan Review-The plan must be submitted to the State Hazard Mitigation Officer (SHMO)for initial review and coordination. Florida is a managing state and has been delegated approval authority for local mitigation plans. The plan review will be based on the criteria in 44 CFR 201.6. The State will review the plan within 45 days of receipt of the Plan, whenever possible, in order to return it to the city for any necessary revisions before conducting a final review for approval at which point the state will provide a copy of the approved plan to the FEMA regional Office. The Recipient shall provide a completed Local Mitigation Strategy update including all the elements required by 44 CFR 201.6. (In the Florida LMS Plan Review Tool, complete elements S4 thru S11-Mitigation Strategy, and M1 thru M7-Evaluation and Maintenance) The Recipient shall provide a draft resolution letter to indicate the City of Miami Beach intent to adopt the plan. 4. Post Approval -The Recipient shall provide documentation that the Plan update has been formally adopted by the governing body of City of Miami Beach. (See the Florida LMS Plan Review Tool element Al-Plan Adoption) Deliverables 1. Planning Process: Provided the Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division will reimburse the Recipient for the actual costs incurred in completing Task#1; however, the reimbursement amount for completing Task#1 shall not exceed $5,850.00. 2. Risk Assessment: Provided the Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division will reimburse the Recipient for the actual costs incurred in completing Task#2; however, the reimbursement amount for completing Task#2 shall not exceed $5,850.00. 3. Completed Flood Mitigation Plan: Provided the Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division will reimburse the Recipient for the actual costs incurred in completing Task#3; however, the reimbursement amount for completing Task#3 shall 4 not exceed $3,525.00. 4. Post Approval: Provided the Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division will reimburse the Recipient for the actual costs incurred in completing Task#4; however, the reimbursement amount for completing Task#4 shall not exceed $3,525.00. Financial Conseauences If the recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by the recipient; 2. Disallow all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the current award for the recipient's program; 4. Withhold further awards for the program; or 5. Take other remedies that may be legally available. Proarammatic Reauirements Complete draft plan documents must be submitted to the State for review and comment at least 6 months prior to completion of the grant such that any necessary revisions may be made prior to adoption and within the approved Period of Performance. The final plan documents must be submitted to the State for review and approval prior to the end of the Period of Performance of the sub-grant. The State's approval must be obtained prior to sub-grant closeout. Quarterly financial and programmatic progress reports to the State using Attachment F to this Agreement are required. The programmatic progress report will include sufficient narrative to determine the degree to which the project has been implemented and the estimated time to completion. The Recipient must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower cost or earlier completion. Budget Funding Summary: Federal Share: $ 18,750.00 (75.00% Local Share: $ 6,250.00 (25.00% Project Cost: $ 25,000.00 The Florida Division of Emergency Management(FDEM) shall reimburse eligible costs for this project up to $18,750.00 (federal share). Eligible Expenditures: The categories outlined below are generally considered eligible for reimbursement under the Flood Mitigation Assistance Program. Only reasonable eligible expenses may be reimbursed. The Recipient shall provide the Division with a detailed listing of project 5 expenditures, classified according to the listed categories as part of any request for payment. Any expenditure that does not clearly fall under the specified categories shall be submitted to the Division for review and determination of funding eligibility under the Flood Mitigation Assistance Program. Preliminary cost estimates for this project have been provided to the Division and those costs that are eligible have been incorporated into the categories outlined below. Any line item eligible cost may be increased or decreased by 10% or less without an amendment to this Agreement being required, as long as the overall amount of the funds obligated under this Agreement does not exceed the$18,750.00 (federal share). 6 Non- Total Federal Federal Eligible Cost Item Cost Share 75% Share 25% Planning Process $7,800.00 $5,850.00 $1,950.00 Risk Assessment $7,800.00 $5,850.00 $1,950 .00 Flood Mitigation Plan $4,700.00 $3,525.00 $1,175.00 Plan Adoption $4,700.00 $3,525.00 $1, 175.00 Total $25,000.00 $18,750.00 $6,250 .00 Schedule Description of Task Starting Unit of Point Time Duration Planning Process 1 Months 2 Risk Assessment 2 Months 3 Flood Mitigation Plan 5 Months 12 FDEM Review and 17 Months 6 Approval Flood Mitigation Plan Adoption 23 Months 1 Total Months 24 The period of performance for this Agreement ends on March 30, 2020. 7