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HomeMy Public PortalAbout09-7472 Modification #3 To Pre-Disaster Grant Sponsored by: City Manager RESOLUTION NO. 0 9-7 4 7 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE MODIFICATION #3 TO PRE-DISASTER GRANT AGREEMENT NO. 07DM-64-11-02-12-373 BETWEEN THE CITY OF OPA-LOCKA AND THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT (DEM) FOR THE ALEXANDRIA GARDENS APARTMENTS DRAINAGE PROJECT WHEREAS,the City Commission of the City of Opa-locka("City Commission")previously adopted Resolution 05-6786 accepting an award of grant funds from the State of Florida Division of Emergency Management ("DEM") and authorizing the City Manager to enter into and execute Subgrant Agreement No. 07DM-64-11-02-12-373 between the City of Opa-locka ("City") and DEM, for a hazard and flood mitigation project funded by the Federal Emergency Management Agency("FEMA"); and WHEREAS, DEM Agreement No. 07DM-64-11-02-12-373 provides for funding of the Alexandria Gardens Apartments Drainage Project in One Million Four Hundred Eighteen Thousand Two Hundred Ninety-Five Dollars and Twenty-Five Cents ($1,418,295.75); and WHEREAS,Agreement No. 07DM-64-11-02-12-373 expired on February 27, 2009; and WHEREAS, the City and DEM desire to reinstate and extend the term of the grant agreement until July 31,2009 by entering into Modification#3 to DEM Agreement No.07DM-64- 11-02-12-373; and WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City to approve the authorization and execution of Modification # 3 to DEM Agreement No. 07DM-64-11-02-12-373. Resolution No. 0 9—7 4 7 2 NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa-locka authorizes the City Manager to enter into and execute Amendment Modification#3 to DEM Agreement No.07DM-64-11-02-12- 373,reinstating and extending the agreement between the City and the State of Florida Division of Emergency Management until July 31,2009,attached hereto as Exhibit"A",together with such non- material changes as may be acceptable to the City Manager and approved as to form and legality by the City Attorney. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 2 7 day of MAY 009. ` 1 S P L. LEY 1ivIAYOR Attest: Approved as to form Kell lygal suf i,ciency: y� V ebor. . u by Burnadette Norris-Weeks City Clerk City Attorney Moved by: JOHNSON Seconded by: HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: YES Mayor Kelley: YES "oQp-LOCkq � C O p 1s '� � O U 2�a i ti H'O R P "O Memorandum TO: Mayor Joseph L. Kelley Vice Mayor Myra L. Taylor Commissioner Timothy Holmes Commissioner Dorothy Johnson Commissioner Rose Tydus FROM: Bryan K. Finnie,Interim • DATE: May 18, 2009 RE: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT (DEM)MODIFICATION#3 TO PRE-DISASTER GRANT AGREEMENT Request: APPROVAL OF RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE STATE OF FLORIDA,DIVISION OF EMERGENCY MANAGEMENT (DEM) MODIFICATION #3 TO PRE- DISASTER GRANT AGREEMENT TO REINSTATE AND EXTEND AGREEMENT TO JULY 31,2009. Description: The City was awarded a subgrant from the State of Florida, Department of Community Affairs, for hazard and flood mitigation project funded by the Federal Emergency Management Agency (FEMA) in the amount of $1,418,295.75 for the Alexandria Gardens Apartments drainage project.The City serves as a municipal sponsor for the owner of Alexandria Gardens Apartments, Creative Choice Homes II, Ltd. State of Florida, Division of Emergency Management modification#2 expired on February 27, 2009 and modification#3 will reinstate and extend agreement to July 31, 2009. Financial Impact: None Implementation Time Line: Immediately upon passing Legislative History: Resolution#05-6786 1 Recommendation(s): Staff Recommends Approval Analysis: This recommendation is based on available funds remaining to continue the hazard and flood mitigation project pertaining to the Alexandria Gardens Apartments drainage project. The City was awarded $1,418,295.75 and as of 05/18/09 has received $830,438.00 and paid out $679,875.00 to Creative Choice Homes II, Limited, Cash of $150,563.00 with Shutts & Bowen, L.L.P., escrow agent. If approved, the agreement with the State of Florida, Division of Emergency Management will remain in effect. Attachments: 1) Resolution#05-6786 2) State of Florida,Division of Emergency Management Memo dated 04/29/09 3) Copy of Modifications#1,#2 and#3 to Pre-Disaster Grant Agreement 4) Finance Department Grant Funds Spreadsheet as of 05/18/09 Prepared by: Kathy Phillips,Executive Secretary End of Memorandum 2 CITY OF OPA-LOCKA, FLORIDA Sub-grant agreement with the Florida Division of Emergency Management Alexandria Gardens Apartment Project CFDA No.97.039,Pre-Disaster Mitigation Program Grant Funds Local Match Total Project cost $ 1,418,295.75 $ 472,765.25 $1,891,061.00 Total project cost todate $ 679,875.00 $ 226,625.00 $ 906,500.00 Less:Application for Payments No. 1 (245,500.00) No.2 (173,000.00) No. 3 (261,375.00) Balance of project cost todate unpaid $ - Payments received from State: Payment No. 1 245,500.00 Payment No. 2 173,000.00 Payment No. 3 411,938.00 Total 830,438.00 Project cost todate grant funds portion (679,875.00) Cash with escrow agent $ 150,563.00 Updated: 5/18/2009 • 4•3 • •Meao we� STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT CHARLIE CRIST W.CRAIG FUGATE Governor Director April 29,2009 Mr. Bryan Finnie, City Manager City of Opa-Locka 780 Fisherman Street,4th Floor Opa-Locka,Florida 33054 Re: PDMC 2004-055 r -o City of Opa-Locka Drainage Project rT . Dear Mr. Finnie: t.n rn Enclosed are four copies of the proposed modification agreement between the City of Opa-Locka and the Division of Emergency Management(DEM). The official representative,as listed below,will need to sign the signature page of each modification. All four(4) copies of the modification should then be sent to DEM for full execution no later than ninety(90)days after receipt of this letter. One fully executed modification will be returned to the City of Opa-Locka,for its files. Official Representatives: County: Chairman of the Board of Commissioners City: Mayor Indian Tribe: Chief or President Water Management District: Chairman Non-Profit: Chairman of the Board If there is an official that is not listed above who is authorized to sign the modifications for your organization,please provide a copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign. If you have questions regarding this modification or who is authorized to sign it,please call Quinton Williams at(850)487-1584. Respectfully, 6ZA` Miles E.Anderson, State Hazard Mitigation Officer Bureau of Recovery and Mitigation Mitigation Section WCF: qw/f Enclosures FLORIDA RECOVERY OFFICE • DIVISION HEADQUARTERS • STATE LOGISTICS RESPONSE CENTER 36 Skyline Drive 2555 Shumard Oak Boulevard 2702 Directors Row Lake Mary, FL 32746-6201 Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Tel: 850-413-9969 • Fax: 850-488-1016 www.FloridaDisaster.oro AGREEMENT# 07DM-64-11-23-02-373 PROJECT# PDMC4-055 MODIFICATION#3 TO PRE-DISASTER GRANT AGREEMENT This Modification Number Three is made and entered into by and between the State of Florida, Division of Emergency Management("the Department") and the City of Opa-Locka ("the Recipient")to reinstate extend the agreement between them dated February 12, 2007 and numbered DEM Contract No. 07DM-64-11-23-02-373 ("the Agreement"). WHEREAS,the Division and the Recipient have entered into the Agreement,pursuant to which the Division has provided a Subgrant of$1,418,295.75 to Recipient; and WHEREAS,the Agreement expires February 27, 2009; 'WHEREAS,the parties desire to reinstate and extend the Agreement to July 31, 2009 in order for the Recipient to complete the Scope of Work, as set forth in Attachment A; and NOW, THEREFORE,the parties agree to extend the above referenced Agreement as follows: 1. Paragraph(3) of the Agreement is hereby deleted in its entirety, and the following paragraph substituted in its place and stead for all intents and purposes: This Agreement shall begin February 12, 2007 and shall end July 31, 2009 unless terminated earlier in accordance with the provisions of paragraph(9) of this Agreement. 2. Except as modified herein, all other provisions of the Agreement shall stay in full force and effect IN WITNESS WHEREOF, the parties have caused this Modification to be executed by their duly authorized undersigned officials on the dates set forth below. CITY OF OPA-LOCKA BY: Date: Name and Title: Bryan K. Finnie, Interim City Manager FEID# 59-6000394 DIVISION OF EMERGENCY MANAGEMENT BY: Date: Name and Title: W. Craig Fugate, Director, Division of Emergency Management State of Florida Division of Emergency Management Project# PDMC 2004-055 Agreement# 07DM-64-11-23-02-373 Project Name: City of Opa-locka—Alexandria Gardens Drainage Project MODIFICATION#3 TO PRE-DISASTER GRANT AGREEMENT City of Opa-locka: Attest: Approved as to form and legal sufficiency: Deborah S. Irby Bumadette Norris-Weeks, P.A. City Clerk City Attorney 2 AGREEMENT#07DM-64-11-02-12-313 PROJECT#2003-055—Alexandria Gardens, Drainage MODIFICATION#2 TO PRE-DISASTER GRANT AGREEMENT This Modification Number Two is made and entered into by and between the State of Florida,Division of Emergency Management("the Division") and the City of Opa-Locka("the Recipient")to reinstate and extend the agreement between them dated February 12, 2007 and numbered DCA Contract No. 07DM-64-11-23-02-373 ("the Agreement"). WHEREAS,the Agreement expired August 31, 2008; WHEREAS, the parties desire to reinstate and extend the Agreement to February 27, 2009 in order for the Recipient to complete the Scope of Work, as set forth in Attachment A; and NOW, THEREFORE,the parties agree to reinstate and extend the above referenced Agreement as follows: 1. Paragraph (3) of the Agreement is hereby deleted in its entirety, and the following paragraph substituted in its place and stead for all intents and purposes: This Agreement shall begin February 12,2007 and shall end February 27, 2009, unless terminated earlier in accordance with the provisions of paragraph(10) of this Agreement. 2. Except as modified herein, all other provisions of the Agreement shall stay in full force and effect . IN WITNESS WHEREOF,the parties,have caused this Modification to be executed by their duly authorized undersigned officials on the dates set forth below. RECIPIENT BY: . ‘41-4M) Date: 08/26/2008 Name and Title: JANNIE R. BEVERLY, CITY MANAGER FEID# 59-600394 DEPARTMENT OF COMMUNITY AFFAIRS BY: Date: Name and Title: W. Craig Fugate,Director, Division of Emergency Management • CITY OF OPA-LOCKA Attest: Approved as to form and legal sufficiency: /P-eborah Irb _ B I orris-W= s City Clerk City Attorney AGREEMENT#07DM-64-11-23-02-3 73 PROJECT#2003-055 —Alexandria Gardens, Drainage MODIFICATION#1 TO PRE-DISASTER GRANT AGREEMENT This Modification Number One is made and entered into by and between the State of Florida,Division of Emergency Management ("the Department") and the City of Opa-Locka ("the Recipient")to reinstate and extend the agreement between them dated February 12, 2007 and numbered DCA Contract No. 07DM-64-11-23-02-373 ("the Agreement"). WHEREAS, the Agreement expired August 31, 2007; WHEREAS, the parties desire to reinstate and extend the Agreement to August 31, 2008 in order for the Recipient to complete the Scope of Work, as set forth in Attachment A; and NOW, THEREFORE, the parties agree to reinstate and extend the above referenced Agreement as follows: 1. Paragraph (3) of the Agreement is hereby deleted in its entirety, and the following paragraph substituted in its place and stead for all intents and purposes: This Agreement shall begin February 12, 2007 and shall end August 31, 2008 unless terminated earlier in accordance with the provisions of paragraph(9) of this Agreement. 2. Except as modified herein, all other provisions of the Agreement shall stay in full force and effect IN WITNESS WHEREOF, the parties have caused this Modification to be executed by their duly authorized undersigned officials on the dates set forth below. CITY OF OPA-LOCKA, FLORIDA By: 40,_„. L _ - _- Date: /A/aV0.- Name and Title: Jamie R. Beverly, City Manager FEID #: 59 - (, 0 003° 4 DIVISION OF EMERGENCY MANAGEMENT By: '.& • Name and Title: W. Craig Fugate, Director, Division of Emergency Management Attest to: Approved as to form and legal sufficiency: c_ 2 //l__ Deborah S. by A. i . sloes, III City Clerk C. A om-■ 12126/2006 16: 09 3059532934 CITY COMM CITY CLR K PAGE 01 Sponsored by: City Manager Resolution No. d5-6786 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A SU£3GRANT AGREEMENT ,IN SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE CITY OF OP.A-LOCKA,FLORIDA AND THE STATE OF FLORIDA,DEPARTMENT OF COMMUNITY AFFAIRS,FOR A HAZARD AND FLOOD MITIGATION PROJECT FUNDED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY(FEMA), IN THE AMOUNT OF ONE MILLION FOUR HUNDRED EIGHTEEN THOUSAND TWO HUNDRED NINETY-FIVE DOLLARS AND TWENTY FIVE CENTS($1,4]8,295.25), SAID FUNDS TO BE UTILIZED FOR THE-ALEXANDRIA GARDENS APAR.'TMENTS DRAINAGE PROJECT WHEREAS,the Federal Emergency Management Agency ("FEMA") recognizes that it is no longer feasible to simply respond to emergency disasters and it implemented the Pre-Disaster Mitigation Competitive Grant Program (Program"), with the purpose of mitigating high-risk sites before disaster strikes; and WHEREAS,FEMA acknowledges flood mitigation activities on private property would be a large part of the Program, and allows for communities to apply for flood mitigation grants on behalf of private property owners; and WHEREAS,in August of 2004 the City of Opa-locka submitted a Joint Hazard Mitigation.and Flood Mitigation application in order to obtain funding to provide flood mitigation improvements at the Alexandria Gardens Apartments,an apartment complex within the City that sustained extensive damage during the extended rainfall events of Hurricanes Irene in 1999 and Tropical Storm Leslie in 2000. The City of Opa-locka serves as the municipal sponsor for the owner of the Alexandria Gardens Apartments, Creative Choice Homes II, Ltd. ("CCH"); and WHEREAS,On.September 17th 2004,.FEMA issued a letter stating that the project would receive the maximum percentage of funds requested, (75%) which totals $1,418,295,25; and 12126/2006 16:09 305953283d CITY COMM CITY CLFQK PAGE 02 Resolution No. 0 5-6 7 8 6 WHEREAS,Department will administer the grant.from FEMA to the City; and WHEREAS,Department is authorized to disburse said funds,under the Subgrant Agreement. Section l. The recitals to the preamble herein are incorporated by reference. Section 2. The City Manager is hereby authorized to enter into and execute a Subgrant Agreement, in substantially the form attached hereto, between the City of. Opa-locka,Florida and the State of Florida, Department of Community Affairs,for a hazard and flood mitigation project funded by FEMA, in the amount of one million four hundred. eighteen thousand two hundred ninety-five dollars and twenty-five cents ($1,418,295.25), said funds to be utilized for the Alexandria Gardens Apartments Drainage Project. • PASSED AND'ADOPTED this 2 7 day of JULY—_-_-_ ___ , 2005 Attest to: 7 Approved as to form and legal sufficiency: I Y .,E --- TY TO . DAT Moved by: COMMISSIONER JOHNSON Second by: VICE MAYOR PINDER • Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Tydus: NOT PRESENT Commissioner Johnson: YES Vice-Mayor Pinder: YES Mayor Kelley: YES . Sponsored by: City Manager RESOLUTION NO. 0 9-7 4 7 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE MODIFICATION #3 TO PRE-DISASTER GRANT AGREEMENT NO. 07DM-64-11-02-12-373 BETWEEN THE CITY OF OPA-LOCKA AND THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT (DEM) FOR THE ALEXANDRIA GARDENS APARTMENTS DRAINAGE PROJECT WHEREAS,the City Commission of the City of Opa-locka("City Commission")previously adopted Resolution 05-6786 accepting an award of grant funds from the State of Florida Division of Emergency Management ("DEM") and authorizing the City Manager to enter into and execute Subgrant Agreement No. 07DM-64-11-02-12-373 between the City of Opa-locka ("City") and DEM, for a hazard and flood mitigation project funded by the Federal Emergency Management Agency("FEMA"); and WHEREAS, DEM Agreement No. 07DM-64-11-02-12-373 provides for funding of the Alexandria Gardens Apartments Drainage Project in One Million Four Hundred Eighteen Thousand Two Hundred Ninety-Five Dollars and Twenty-Five Cents ($1,418,295.75); and WHEREAS,Agreement No. 07DM-64-11-02-12-373 expired on February 27, 2009; and WHEREAS, the City and DEM desire to reinstate and extend the term of the grant agreement until July 31,2009 by entering into Modification#3 to DEM Agreement No.07DM-64- 11-02-12-373; and WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City to approve the authorization and execution of Modification # 3 to DEM Agreement No. 07DM-64-11-02-12-373. Resolution No. 0 9—7 4 7 2 NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa-locka authorizes the City Manager to enter into and execute Amendment Modification#3 to DEM Agreement No.07DM-64-11-02-12- 373,reinstating and extending the agreement between the City and the State of Florida Division of Emergency Management until July 31,2009,attached hereto as Exhibit"A",together with such non- material changes as may be acceptable to the City Manager and approved as to form and legality by the City Attorney. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 2 7 day of MAY 0.09. a 1 S P L. LEY ]'MAYOR Attest: Approved as to form 1 al suf i ciency: ✓. .,7/' ebor. . by- Burnadette Norris-Weeks City Clerk City Attorney Moved by: JOHNSON Seconded by: HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: YES Mayor Kelley: YES Qp_LOC o` �O F Q U 2 •'. 1 • 1 gh ORA1 o Memorandum TO: Mayor Joseph L. Kelley Vice Mayor Myra L.Taylor Commissioner Timothy Holmes Commissioner Dorothy Johnson Commissioner Rose Tydus FROM: Bryan K. Finnie,Interim _*,,;�_,, ,.. _ DATE: May 18,2009 RE: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT (DEM)MODIFICATION#3 TO PRE-DISASTER GRANT AGREEMENT Request: APPROVAL OF RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE STATE OF FLORIDA,DIVISION OF EMERGENCY MANAGEMENT (DEM) MODIFICATION #3 TO PRE- DISASTER GRANT AGREEMENT TO REINSTATE AND EXTEND AGREEMENT TO JULY 31,2009. Description: The City was awarded a subgrant from the State of Florida, Department of Community Affairs, for hazard and flood mitigation project funded by the Federal Emergency Management Agency (FEMA) in the amount of $1,418,295.75 for the Alexandria Gardens Apartments drainage project. The City serves as a municipal sponsor for the owner of Alexandria Gardens Apartments, Creative Choice Homes II, Ltd. State of Florida, Division of Emergency Management modification#2 expired on February 27, 2009 and modification#3 will reinstate and extend agreement to July 31,2009. Financial Impact: None Implementation Time Line: Immediately upon passing Legislative History: Resolution#05-6786 1 Recommendation(s): Staff Recommends Approval Analysis: This recommendation is based on available funds remaining to continue the hazard and flood mitigation project pertaining to the Alexandria Gardens Apartments drainage project. The City was awarded $1,418,295.75 and as of 05/18/09 has received $830,438.00 and paid out $679,875.00 to Creative Choice Homes II, Limited, Cash of $150,563.00 with Shutts & Bowen, L.L.P., escrow agent. If approved, the agreement with the State of Florida, Division of Emergency Management will remain in effect. Attachments: 1) Resolution#05-6786 2) State of Florida,Division of Emergency Management Memo dated 04/29/09 3) Copy of Modifications#1,#2 and#3 to Pre-Disaster Grant Agreement 4) Finance Department Grant Funds Spreadsheet as of 05/18/09 Prepared by: Kathy Phillips,Executive Secretary End of Memorandum 2 CITY OF OPA-LOCKA, FLORIDA Sub-grant agreement with the Florida Division of Emergency Management Alexandria Gardens Apartment Project CFDA No.97.039,Pre-Disaster Mitigation Program Grant Funds Local Match Total Project cost $ 1,418,295.75 $ 472,765.25 $1,891,061.00 Total project cost todate $ 679,875.00 $ 226,625.00 $ 906,500.00 Less:Application for Payments No. 1 (245,500.00) No.2 (173,000.00) No. 3 (261,375.00) Balance of project cost todate unpaid $ - Payments received from State: Payment No. 1 245,500.00 Payment No. 2 173,000.00 Payment No. 3 411,938.00 Total 830,438.00 Project cost todate grant funds portion (679,875.00) Cash with escrow agent $ 150,563.00 Updated: 5/18/2009 ,-i E,, STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT CHARLIE CRIST W.CRAIG FUGATE Governor Director April 29,2009 Mr. Bryan Finnie,City Manager City of Opa-Locka _ -• 780 Fisherman Street,4'h Floor Opa-Locka,Florida 33054 Re: PDMC 2004-055 i —o City of Opa-Locka Drainage Project :11 Dear Mr. Finnie: Ct1 Enclosed are four copies of the proposed modification agreement between the City of Opa-Locka and the Division of Emergency Management(DEM). The official representative, as listed below,will need to sign the signature page of each modification. All four(4)copies of the modification should then be sent to DEM for full execution no later than ninety(90)days after receipt of this letter. One fully executed modification will be returned to the City of Opa-Locka,for its files. Official Representatives: County: Chairman of the Board of Commissioners City: Mayor Indian Tribe: Chief or President Water Management District: Chairman Non-Profit: Chairman of the Board If there is an official that is not listed above who is authorized to sign the modifications for your organization,please provide a copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign. If you have questions regarding this modification or who is authorized to sign it,please call Quinton Williams at(850)487-1584. Respectfully, Miles E.Anderson, State Hazard Mitigation Officer Bureau of Recovery and Mitigation Mitigation Section WCF: qw/f Enclosures FLORIDA RECOVERY OFFICE • DIVISION HEADQUARTERS • STATE LOGISTICS RESPONSE CENTER 36 Skyline Drive 2555 Shumard Oak Boulevard 2702 Directors Row Lake Mary, FL 32746-6201 Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Tel: 850-413-9969 • Fax: 850-488-1016 www.FloridaDisaster.orq AGREEMENT# 07DM-64-11-23-02-373 PROJECT# PDMC4-055 MODIFICATION#3 TO PRE-DISASTER GRANT AGREEMENT This Modification Number Three is made and entered into by and between the State of Florida, Division of Emergency Management("the Department") and the City of Opa-Locka ("the Recipient")to reinstate extend the agreement between them dated February 12, 2007 and numbered DEM Contract No. 07DM-64-11-23-02-373 ("the Agreement"). WHEREAS,the Division and the Recipient have entered into the Agreement,pursuant to which the Division has provided a Subgrant of$1,418,295.75 to Recipient; and WHEREAS,the Agreement expires February 27, 2009; WHEREAS,the parties desire to reinstate and extend the Agreement to July 31, 2009 in order for the Recipient to complete the Scope of Work, as set forth in Attachment A; and NOW, THEREFORE,the parties agree to extend the above referenced Agreement as follows: 1. Paragraph(3)of the Agreement is hereby deleted in its entirety, and the following paragraph substituted in its place and stead for all intents and purposes: This Agreement shall begin February 12, 2007 and shall end July 31, 2009 unless terminated earlier in accordance with the provisions of paragraph(9) of this Agreement. 2. Except as modified herein, all other provisions of the Agreement shall stay in full force and effect IN WITNESS WHEREOF, the parties have caused this Modification to be executed by their duly authorized undersigned officials on the dates set forth below. CITY OF OPA-LOCKA BY: Date: Name and Title: Bryan K. Finnie, Interim City Manager FEID# 59-6000394 DIVISION OF EMERGENCY MANAGEMENT BY: Date: Name and Title: W. Craig Fugate, Director, Division of Emergency Management State of Florida Division of Emergency Management Project# PDMC 2004-055 Agreement# 07DM-64-11-23-02-373 Project Name: City of Opa-locka—Alexandria Gardens Drainage Project MODIFICATION#3 TO PRE-DISASTER GRANT AGREEMENT City of Opa-locka: Attest: Approved as to form and legal sufficiency: Deborah S. Irby Bumadette Norris-Weeks, P.A. City Clerk City Attorney 2 AGREEMENT#07DM-64-11-02-12-373 • PROJECT#2003-055—Alexandria Gardens, Drainage MODIFICATION#2 TO PRE-DISASTER GRANT AGREEMENT This Modification Number Two is made and entered into by and between the State of Florida,Division of Emergency Management("the Division") and the City of Opa-Locka ("the Recipient")to reinstate and extend the agreement between them dated February 12, 2007 and numbered DCA Contract'No.07DM-64-11-23-02-373 ("the Agreement"). WHEREAS,the Agreement expired August 31, 2008; 'WHEREAS, the parties desire to reinstate and extend the Agreement to February 27, 2009 in order for the Recipient to complete the Scope of Work, as set forth in Attachment A; and NOW, THEREFORE,the parties agree to reinstate and extend the above referenced Agreement as follows: 1. Paragraph(3) of the Agreement is hereby deleted in its entirety, and the following paragraph substituted in its place and stead for all intents and purposes: This Agreement shall begin February 12,2007 and shall end February 27, 2009, unless terminated earlier in accordance with the provisions of paragraph(10) of this Agreement. 2. Except as modified herein, all other provisions of the Agreement shall stay in full force and effect IN WITNESS WHEREOF,the parties,have caused this Modification to be executed by their duly authorized undersigned officials on the dates set forth below. RECIPIENT BY: } `111■..._116• Date: 08/26/2008 Name and Title: JANNIE R. BEVERLY, CITY MANAGER FEID# 59-600394 DEPARTMENT OF COMMUNITY AFFAIRS BY: Date: Name and Title: W. Craig Fugate,Director, Division of Emergency Management • CITY OF OPA-LOCKA Attest: Approved as to form and legal eborah b _ B •► - e Norris-W= s City Clerk City Attorney • AGREEMENT#07DM-64-11-23-02-373 PROJECT#2003-055 —Alexandria Gardens, Drainage MODIFICATION#1 TO PRE-DISASTER GRANT AGREEMENT This Modification Number One is made and entered into by and between the State of Florida,Division of Emergency Management ("the Department") and the City of Opa-Locka ("the Recipient") to reinstate and extend the agreement between them dated February 12, 2007 and numbered DCA Contract No. 07DM-64-11-23-02-373 ("the Agreement"). WHEREAS, the Agreement expired August 31, 2007; WHEREAS, the parties desire to reinstate and extend the Agreement to August 31, 2008 in order for the Recipient to complete the Scope of Work, as set forth in Attachment A; and NOW, THEREFORE, the parties agree to reinstate and extend the above referenced Agreement as follows: 1. Paragraph(3) of the Agreement is hereby deleted in its entirety, and the following paragraph substituted in its place and stead for all intents and purposes: This Agreement shall begin February 12, 2007 and shall end August 31, 2008 unless terminated earlier in accordance with the provisions of paragraph(9) of this Agreement. 2. Except as modified herein, all other provisions of the Agreement shall stay in full force and effect IN WITNESS WHEREOF, the parties have caused this Modification to be executed by their duly authorized undersigned officials on the dates set forth below. CITY OF OPA-LOCKA, FLORIDA By: J'_.� Date: /P1/41/0- 1 Name and Title: Jannie R. Beverly, City Manager FEID#: 59 - t, 0 003°1 4 DIVISION OF EMERGENCY MANAGEMENT By:_ -� //2_.01( Name and Title: W. Craig Fugate, Director, Division of Emergency Management Attest to: Approved as to form and legal sufficiency: Deborah S. by A. a • • cm es, City Clerk C. A orn:■ 12126/2006 16:09 30595328?" CITY COMM CITY CLc^'< PAGE 01 Sponsored by: City Manager Resolution No, 0 5-67 86 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A SUBGRANT AGREEMENT ,IN SUBSTANTIALLY THE FORM ATTACHED HERETO,BETWEEN THE CITY OF OPA-LOCKA,FLORIDA AND THE STATE OF FLORIDA,DEPARTMENT OF COMMUNITY AFFAIRS,FOR A HAZARD AND FLOOD MITIGATION PROJECT FUNDED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY(FEMA), IN THE AMOUNT OF ONE MILLION FOUR HUNDRED EIGHTEEN THOUSAND TWO HUNDRED NINETY-FIVE DOLLARS ANT) TWENTY FIZZ' CENTS($1,418,295.25), SAID FUNDS TO BE UTILIZED FOR THE ALEXANDRIA GARDENS APARTMENTS D.RAINA.GE PROJECT WHEREAS,the Federal Emergency Management Agency ("FE.MA°') recognizes that it is no longer feasible to simply respond to emergency disasters and it implemented the Pre-Disaster Mitigation Competitive Grant Program (`Program"), with the purpose of mitigating high-risk sites before disaster stikes;and WHEREAS,FEMA acknowledges flood mitigation activities on private property would be a large part of the Program, and allows for communities to apply for flood.mitigation grants on behalf of private property owners; and WHEREAS,in August of 2004 the City of Opa-.locka submitted a Joint Hazard Mitigation.and Flood Mitigation application in order to obtain funding to provide flood mitigation improvements at the Alexandria Gardens Apartments,an apartment complex within the City that sustained extensive damage during the extended rainfall events of Hurricanes Irene in 1999 and Tropical Storm Leslie in 2000. The City of Opa-locka serves as the municipal. sponsor for the owner of the Alexandria Gardens Apartments,Creative Choice Homes II, Ltd. ("CCI=I"); and WHEREAS,On.September 17`1'2004,FEMA issued a letter stating that the project would receive the maximum percentage of funds requested, (75';'0)which totals $1,418,295,25; and 12/26/2006 16:09 305953287" CITY COMM CITY CLr-'< PAGE 02 Resolution No. 0 5-6 7 8 6 WHEREAS,Department will administer the grant from FEMA to the City;and WHEREAS,Department is authorized to disburse said funds,under the Subgrant Agreement. Section l. The recitals to the preamble herein are incorporated by reference. Section 2. The City Manager is hereby authorized to enter into and execute a Subgrant Agreement, in substantially the form attached hereto, between the City of Opa-locka, Florida and the State of Florida, Department of Community Affairs, for a hazard and flood mitigation project funded by FEMA, in the amount of one million four hundred eighteen thousand two hundred ninety-five dollars and twenty-five cents ($1.,418,295.25), said funds to be utilized for the Alexandria Gardens Apartments Drainage Project. • PASSED ANT) ADOPTED this 27 day of JULY _____ _ , 2005 Attest to: l Approved as to form and legal sufficiency: -e— .0P- TY Y TO. --Z- i/e______—____--- ML_„ DAT Moved by: COMMISSIONER JOHNSON Second by: VICE MAYOR PINDER Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Tydus: NOT PRESENT Commissioner Johnson: YES Vice-Mayor Pinder: Mayor Kelley: YES YES