2nd Modification 05/20/2009Monoe. Cou my C � e-rk's or i
Contract Number: 08-EC-30-11-54-01-039
MODIFICATION # 2 TO STATE -FUNDED SUBGRANT AGREEMENI'
This Modification is made and entered into by and between the State of Florida, Division
of Emergency Management, ("the Division"), and Monroe County ("the Recipient") to modify the
Division's Contract Number 08-EC-30-11-54-01-039, dated August 27, 2007 ("the Agreement").
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to
which the Division has provided a sub grant of $1,099,513 of this grant $1,029,547.00 in state
funds and $69,966.00 in federal funds to Recipient; and
WHEREAS, the Agreement will expire on June 30, 2009; and
WHEREAS, the Division and the Recipient desire to modify the Agreement by extending
the term through June 30, 2010 and to modify the Agreement by amending the federal Budget
and Scope of Work as set forth in the amended Revised Attachment A -Federal.
WHEREAS, the state funds of $1,029,547.00 must be expended on or before June 30,
2010, and the federal funds of $69,966.00 must be expended on or before December 7, 2009;
and
NOW, THEREFORE, in consideration of the mutual promises of the parties contained
herein, the parties agree as follows:
1. The Agreement is hereby extended through June 30, 2010.
2. The Revised Budget and Scope of Work, Attachment A Federal, as contained in
Modification number 2 dated February 27, 2008, is hereby amended by the second
Revised Budget and Scope of Work, Attachment A -Federal, to this Modification, which
are attached hereto and incorporated herein by reference. The Revised Budget and
Scope of Work, Attachment A -Federal, contains the additional provisions that apply only
to the added federal funding.
3. Attachment A -Federal, the Recipient understands that Phase I is approved with the
condition that no construction can begin until the results of the deliverables are reviewed,
and Phase II activities are approved. Failure to comply with this condition could result in
the loss of all funding for this project.
4. Final requests for reimbursement of state funds should be submitted no later than fifteen
(15) days after the termination date of the contract. Any requests received after July 15,
2010 may, at the discretion of the Division, not be reimbursed from this Agreement.
Reimbursement requests shall not be submitted by facsimile transmission.
5. However, availability of state funds after June 30 2009 is contingent upon legislative
appropriation beyond June 30 2009
6. By May 15, 2010, the Recipient shall provide final project cost estimate data asset forth
in Table SW-2, certificate of occupancy, close-out documentation and final payment
invoice.
7. All provisions of the Agreement being modified and any attachments thereto in conflict
with this Modification shall be and are hereby changed to conform with this Modification,
effective as of the date of the last execution of this Modification by both parties.
8. All provisions not in conflict with this Modification remain in full force and effect, and are
to be pretormed at the level specified in the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the
dates set out herein.
RECIP MONROE COO�UI
BY: i —e'ez �' I`
NAME: & TITLE: �-� Ck 0 a
DATE: '�j I "�y I p
STATE OF LORIDA
DIVISION PF EMERGENQX MANAGEMENT
BY:
Rub n D. Almaguer, Interim Director for the ision of Emergency Management
DATE:
MONROE COUNTKA ORNEY
PROVED AS ZR-
C,fILF �V. A.
AS ISTANT' COUN-1 TORNEY
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Revised Attachment A - Federal
Budget and Scope of Work
As a Hazard Mitigation Grant Program project, the Recipient, Monroe County, will conduct a
Phase I engineering feasibility study to identify modifications needed to wind retrofit the new
Monroe County Emergency Operations Center, located at 9400 Overseas Highway, Marathon,
Florida 33050, above the Florida Building Code or Miami -Dade Specifications. Phase I will
provide funding for completion of design, surveying and permitting for this proposal. In order for
Phase II to be considered for funding, Phase I deliverables must include a complete proposed
budget and scope of work, along with engineering data from the study and engineering plans.
Phase I of this project is approved with the condition that the above list of deliverables will be
submitted for review and approval by the State and FEMA before Phase II is considered. No
construction work may begin until Phase II deliverables are reviewed and approved by FEMA.
Failure to comply with this condition can result in the loss of all funding for this project.
The Period of Performance for this project ends on December 7, 2009.
Schedule of Work
State Contracting:
3 Months
Request for A/E Proposal & Review:
3 Months
Bidding of Design:
3 Months
Engineering/Architectural Design:
6 Months
Total Period of Performance:
15 Months
Line Item Budget*
Project Cost
Federal Share
Local Share
Survey, Engineering Design,
Environmental Permitting:
$ 89,700.00
$ 67,275.00
$ 22,425.00
Sub -total:
$ 89,700.00
$ 67,275.00
$ 22,425.00
Administrative Cost:
$ 0.00
$ 2,691.00
$ 0.00
Total:
$ 89,700.00
$ 69,966.00
$ 22,425.00
* Any line item amount in this Budget may be increased or decreased 10% or less without an
amendment to this Agreement being required, so long as the overall amount of the funds
obligated under this Agreement is not increased.
Funding Summary
Federal Share: $67,275.00 (75%)
Local Share: $22,425.00 (25%)
Total Project Cost: $89,700.00 (100%)
Recipient Administrative Allowance up to $2,691.00
The materials and work funded pursuant to this Subgrant Agreement are intended to decrease
the vulnerability of the building to property losses and are specifically not intended to provide for
the safety of inhabitants before, during or after a natural man made disaster.
The funding provided by the Division of Emergency Management under this subgrant shall
compensate for the materials and labor for the installation of storm shutters and/or other
hardening activities as a retrofit measure for the Recipient's building to reduce and/or mitigate the
damage that might otherwise occur from severe weather or other hazards. The funding of this
project by the Department does not confer or imply any warranty of use or suitability for the work
performed pursuant to this agreement. The State of Florida disclaims all warranties with regard
to this mitigation project, express or implied, including but not limited to, any implied warranties
and/or conditions of satisfactory quality and fitness for a particular purpose, merchantability, or
merchantable quality.
This project has not been evaluated by the criteria contained in the standards of the Department
of Homeland Security, Federal Emergency Management Agency (FEMA) guidance manual
FEMA 361-Design and Construction for Community Shelter, and thus does not provide "near
absolute protection. " It is understood and agreed by the Department and the Recipient that the
building may have vulnerabilities due to age, design and location which may result in damage to
the building from wind events even after the installation of the mitigation measures funded under
this Subgrant Agreement. It is further understood and agreed by the Department and the
Recipient that the level of wind protection provided by the mitigation action, although meeting
State standards and codes and enhancing the structural integrity of the building, does not ensure
the safety of survival of building occupants.
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