4th Modification 12/15/2010DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: January 6, 2011
TO: Jerry Barnett, Director
Project Management
ATTN: Ann Riger
Contracts Administrator
112
FROM: Pamela G. Hancdck; . C.
At the December 15, 2010, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Item C 12: Modification #4 to the State Funded Subgrant
Agreement for the Design and Construction of the proposed Emergency Operations Center in
Marathon.
Enclosed are three duplicate originals of the above -mentioned, executed on behalf of
Monroe County, for your handling. Please be sure to return the fully executed "Monroe County
Clerk" and "Monroe County Finance" originals as soon as possible. Should you have any
questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File ✓
Monroe County Clerk
Contract Number: 08-EC-30-11-54-01-039
MODIFICATION # 4 TO SUBGRANT AGREEMENT
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 provided a sub -grant of $1,099,513, of this amount $1,029,547 in state funds and $69,966 in
federal funds for Phase I; and
WHEREAS, the Division now intends to provide additional funds to the Recipient of $106,355 in
federal funds for Phase I; and
WHEREAS, the Division now intends to provide additional funds to the Recipient of $1,640,015 in
federal funds for Phase ll, Construction; and
WHEREAS, the state funds of $1,029,547 must be expended on or before June 30, 2013, and
the additional federal funds of $1,746,370 must be expended on or before August 18, 2011; and
WHEREAS, the Division and the Recipient desire to modify the Agreement by amending the
Scope of Work, the Budget and by adding the appropriate federal attachments.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the
parties agree as follows:
1. Paragraph 17 of the Agreement is hereby amended to increase the total funding under the
Agreement to $2,845,883.
3. The Budget and Scope of Work, Attachment A, to this Agreement, is hereby deleted in its
entirety, and the Budget and Scope of Work, Revised Attachment A -State and Revised
Attachment A -Federal, to this Modification, which are attached hereto and incorporated herein by
reference, are substituted in its place and stead. The revised Budget and Scope of Work,
Attachment A -Federal, contains the additional provisions that apply to the added federal funding.
4. Attachment B of this Agreement is hereby deleted in its entirety, and the Revised Attachment B,
Program Statutes and Regulations, which are attached hereto and incorporated herein by
reference, are substituted in its place and stead. The Revised Attachment B Program Statutes
and Regulations, contains the additional provisions that apply to the added federal funding.
5. Attachment J of this Agreement is hereby deleted in its entirety, and the Revised Attachment J,
Statement of Assurances, which are attached hereto and incorporated herein by reference, are
substituted in its place and stead. The Revised Attachment J, Statement of Assurances, contains
the additional provisions that apply to the added federal funding.
6. 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.
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.
below. IN WITNESS WHEREOF, the parties hereto have executed this document on the dates set out
RECIPIENT: MONROE C NTY
BY:
NAME & TITLE: Ma Heat er 4rruthers, Chairperson -�,. ,-,
DATE: December 15 2010
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STATE OF FLORIDA DEPpI CLERK
DIVISION OF EMERGENCY MANAGEMF
BY:
David Ha ad,
DATE:
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Revised Attachment A State
Budget and Scope of Work
SCOPE OF WORK
A. The Recipient shall construct a County Emergency Operations Center (EOC). Use of grant funds
shall be consistent with Section 1(1), Ch. 2006-71, Laws of Florida. Grant funds shall not be used for
land acquisition; purchase of equipment, furnishings, communications, or operational systems; or
recurring expenditures.
Eligible reimbursement costs include: Architectural and Engineering services and fees; site survey and
soil testing; necessary permits and fees; civil and service utilities site work; construction of the building's
substructure, superstructure, shell (exterior enclosure) and interior construction; special inspections;
mechanical, plumbing, electrical, conveying and security systems; lightning protection; and redundant
infrastructure systems (e.g., electric generator, uninterruptible power supply, potable water and
wastewater systems, etc.).
B. The Recipient shall in a timely manner prepare and submit a complete Hazard Mitigation Grant
Program (HMGP) application, benefit -cost analysis, environmental review and such other documentation
as necessary to determine eligibility and allowable costs under said grant program.
C. The Recipient shall state in writing that for a period of not less than 15 years from the date of
receipt of Certificate of Occupancy the EOC will be dedicated for emergency management purposes.
The EOC shall remain demonstrably capable of being fully activated within one (1) hour of detection of an
emergency; reference Rule Chapter 9G-6, Florida Administrative Code, "Emergency Management
Capabilities Assessment Checklist."
D. The EOC shall be constructed with sufficient space to house people and equipment for day-to-
day and sustained continuous emergency operations, and capable of full staffing for the most extensive
emergency anticipated. At a minimum, the designated EOC functional area(s), and essential shared -use
area(s) if applicable, shall be designed for an emergency operations staff size of 62 persons per shift and
a workspace floor area of 5.270 gross square feet.
E. At a minimum, the EOC shall meet the hurricane hazard safety criteria established in Standards
for Hurricane Evacuation Shelter Selection (ARC 4496).
F. The EOC and essential ancillary structures and service equipment shall be designed to resist the
effects of a major hurricane. The wind load design requirements shall be in accordance with the
American Society of Civil Engineers (ASCE) Standard 7, Minimum Design Loads for Buildings and Other
Structures. The minimum wind design criteria shall include:
Design Wind Speed = 225 miles per hour (3 second gust)
Wind Importance Factor, / = 1.00
Exposure Category = C
Directionality Factor, Kd = 1.00
Internal Pressure Coefficient, GCP; _ +/- 0.18
All components and cladding assemblies necessary to maintain a structurally enclosed condition and
prevent rainwater intrusion shall be designed to meet the wind design criteria. Structural metal decking
and cladding materials shall be 22 gauge or thicker. Roof cover waterproofing barriers shall meet the
wind design criteria. Loose roof ballast shall not be used on the roof cover. Rooftop equipment shall be
designed and installed to meet the wind design criteria.
3
G. The EOC and essential ancillary structures and service equipment shall resist penetration by
windborne debris impact. At a minimum, all exterior enclosure components, claddings and assemblies
(i.e., walls, roofs, louvers, windows, doors, etc.) located within 60 feet in height above finish grade shall
meet the hurricane windborne debris impact criteria specified in the Department of Energy's (DOE)
Standard, Natural Phenomena Hazards Design and Evaluation Criteria, DOE-STD-1020-2002. That is,
the building enclosure must resist penetration by a nominal 2"x4" lumber plank weighing 15 pounds
propelled at 50 miles per hour (74 feet per second) striking end -on and normal to the assembly surface,
or equivalent performance as approved by the Division. As applicable, impact test procedures shall be
consistent with recognized state and national standards; such as, Test Standard for Determining Impact
Resistance from Windborne Debris SSTD 12, American Society of Testing and Materials (ASTM)
Standards ASTM E 1886 and ASTM E 1996, and Florida Building Code Testing Protocols TAS 201, TAS
202 and TAS 203. The impact test procedures may be modified as necessary to accommodate the
required missile weight and velocity.
H. The following information related to wind loads and flooding shall be shown on the construction
drawings: 1. wind design per ASCE 7 with applicable year of revision; 2. design wind speed; 3. wind
importance factor, I; 4. design wind exposure category; 5. wind directionality factor, Kd; 6. design internal
pressure coefficient, GCpj; 7. design wind pressures in terms of pounds per square foot (psf) to be used
for the design of exterior component and cladding materials not specifically designed by the principal
licensed design professional; 8. windborne debris impact performance criteria; 9. finish floor elevation
measured relative to the National Geodetic Vertical Datum (NGVD); and comparison reference of the
finished floor elevation to the base flood elevation, or historical flood elevation if base flood elevation is
not determined.
I. The lowest floor for the EOC and essential ancillary structures and service equipment shall at a
minimum be elevated above: Category 5 hurricane storm surge elevation plus 20 percent; the base flood
elevation plus three (3) feet; the 500-year (0.2 percent annual chance) flood elevation (if determined) plus
two (2) feet; the highest recorded flood elevation plus three (3) feet if the area is not in a mapped special
flood hazard area; whichever is greater. The site (point maximum, one square mile) hydrologic design
shall ensure that the EOC and essential ancillary structures and service equipment are not flooded due to
a 24 hour, 37.0 inch rainfall event applied over a precedent 24 hour, 100-year rainfall event.
J. Where secondary (emergency) roof drains or scuppers are required by the Florida Building
Code —Plumbing, the secondary system shall be sized for a rainfall rate of eleven (11.0) inches per hour.
K. The EOC shall be designated as a threshold building, and special structural inspections required.
Special inspections shall be conducted in compliance with section 553.79, Florida Statutes and other
applicable statutes, laws and rules.
L. The EOC shall at a minimum be designed for 72 hours of self-contained continuous operation and
shall not be solely reliant upon off -site services and utilities (e.g., water, natural gas fuel, electricity, etc.)
M. Force protection and security measures shall be consistent with the guidance published in
Florida's Homeland Security Comprehensive Assessment Model (HLSCAM), United States Air Force
Installation Force Protection Guide, or other federal or state recognized best -practices guide(s) as
approved by the Division.
N. The Recipient shall provide an initial timeline and estimated reimbursement allocation schedule.
Table SW-1, "Initial Timeline and Estimated Reimbursement Allocation Schedule" or other similar
instrument as approved by the Division may be used.
4
0. During design and construction phases of the EOC project, the Recipient shall track and provide
construction cost data for the designated EOC area as detailed in Table SW-2, "Cost Data for County
Emergency Operations Center."
PRODUCT ITEMS
A. Per item I.N, Recipient shall prepare an initial timeline with key milestone activities/tasks
schedule, including estimated start and end dates for each activity, and an estimate of state
reimbursement request for each activity. Table SW-1 may be used to meet this product item.
B. Per item I.C, Recipient shall submit a binding written statement that the EOC will be dedicated for
a period of not less than15 years for emergency management purposes, and demonstrably capable of
being fully activated within one (1) hour of detection of an emergency.
C. The Recipient shall provide one (1) copy each of site survey, site master plan, spatial needs
assessment, and schematic design plan or preliminary design drawings for review and comment by the
Division. The spatial needs assessment and schematic design plan/preliminary design may be
consolidated into one document.
D. The Recipient shall provide one (1) set of substantially complete (approximately 70 percent)
preliminary design construction drawings and specifications for the EOC and essential ancillary structures
for review and comment by the Division. The construction drawings shall include site survey information,
landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings.
E. The Recipient shall provide one (1) set of bid -ready construction drawings and specifications for
the EOC and essential ancillary structures for review by the Division. The construction drawings shall
include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing, and
electrical drawings and shall be certified by the applicable registered or licensed design professional(s) of
record.
F. The construction drawings shall demonstrate that the EOC will meet the hurricane hazard safety
criteria of ARC 4496, and the wind load, windborne debris impact, flood and security design requirements
set forth in items LE through I.M. Failure to supply the required documentation, or disapproval of this
documentation by the Division, shall result in denial of funds.
G. Per item 1.6, Recipient shall submit a complete HMGP application, benefit -cost analysis,
environmental review and such other documentation as necessary to determine eligibility and cost
allowances under said grant program. The Recipient shall also provide two cost estimates prepared by
one or more certified construction contractors that document the cost of constructing the facility to meet
current building code wind and flood design requirements, and the cost premium of constructing the
facility to the above -code wind and flood requirements set forth in items LE through I.J.
H. Per item 1.0, the Recipient shall provide final project cost data. Table SW-2 shall be used to
meet this product item.
I. The Recipient shall provide the Division with copy(s) of pertinent construction permits, the
threshold inspection final report, and the certificate of occupancy upon completion of the construction
project.
III. SCHEDULE OF WORK
A. By June 30, 2007, the Recipient shall provide the Division with Product Items A and B for review
and approval. Failure to supply the required documentation, or disapproval of this documentation by the
Division, shall result in denial of funds.
B. By September 30, 2007 and at least on a quarterly basis thereafter, Recipient shall report on
progress in relation to the initial timeline, and submit Product Items C through H in a timely manner as
accomplished. The Division shall be provided 30 calendar days to review and provide comments of
product items pertaining to compliance with the scope -of -work. The Recipient shall also submit invoices
for reimbursement for work accomplished in accordance with the Division approved cost reimbursement
allocation schedule referenced in Product Item A.
C. By a mutually agreed upon date, the Recipient shall provide the Division with Product Item F for
review and approval. Failure to supply the required documentation, or disapproval of this documentation
by the Division, shall result in denial or reduction of funds at the sole discretion of the Division.
D. By May 15, 2013, the Recipient shall provide final project cost estimate data as set forth in Table
SW-2, certificate of occupancy, close-out documentation and final payment invoice.
0
Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule
Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule
County Name: Monroe
PROJECT PHASE
Start Date
End Date
DEM Funds
Other Funds
Board Contract
Approval
Initial Payment of
20% in first quarter
A&E Firm Selection
Site Survey and Soil
Testin
Spatial Needs
Assessment
Preliminary Design,
70% complete
Preliminary Design,
100% complete
Regulatory Review
Bid Document(s)
Development &
Award
Notice to
Proceed/Mobilization
Construction Project
Management &
Special Inspections
Construction 25%
Complete
Construction 50%
Complete
Construction 100%
Complete
Contingency
Administrative Fees;
maximum of 5%
Sub -Totals
$
TOTAL Estimated
Project Cost
Hac - Hrchnecturai ano tngineenng; uLm — uivision of Emergency Management; FY - Fiscal Year
Table SW-2. Cost Data for County Emergency Operations Center
Table SW-2.
Cost Data for County Emergency Operations Center
County Name: Monroe
NO.
System/Component
Description
Estimated
Cost
A.
SUBSTRUCTURE
1010
Foundation
1020
Slab -on -Grade
2010
Excavation
2020
Basement Walls
2030
Elevated Foundation
B.
SHELL ENVELOPE
B10 Superstructure
1010
Floor Construction
1020
Roof Construction
1030
Structural Frame
1040
Load -Bearing Wall
B20 Exterior Enclosure
2010
Exterior Walls
2011
Veneer/Cladding
2012
Louvers
2020
Exterior Windows
2030
Exterior Doors
B30 Roofing
3010
Roof Coverings
3020
Roof Openings
3021
1 Soffits
C.
INTERIORS
1010
Partitions
1020
Interior Doors
1030
Fittings
2010
Stair Construction
3010
Wall Finishes
3020
Floor Finishes
3030
Ceiling Finishes
D. I
SERVICES
D10 Conveying
1010
Elevators & Lifts
1020
Escalators & Walks
D20 Plumbing
2010
Plumbing Fixtures
2020
Domestic Water
Distribution
2021
Back-up Potable
Water System
2040
Rainwater Drainage
D30 HVAC
3010
Energy Supply
3020 1
Heating System
3030 1
Cooling System
3050
Terminal & Package
Units
3090
Other HVAC Sys.
D40 Fire Protection
4010
Sprinkler Sys.
4020
Standpipe Sys.
4030
Other Sys.
D50 Electrical
5010
Elec. Service &
Distribution
5020
Lighting & Branch
Wiring
5030
Communications &
Security
5090
Other Elec. Sys.
5091
Generator S s.
5092
UPS Sys.
E.
EQUIPMENT & FURNISHINGS
1010
1 Commercial Equip.
1020
Institutional Equip.
1030
Vehicular Equip.
1090
Other Equip.
1091
Audio/Video Equip.
1092
Special Telecom
1093
Information Tech.
1094
Geo. Info. Sys.
F.
SPECIAL CONSTRUCTION
1041
Generator Enclosure
1042 1
Comm. Tower
1043
Heli ad
1090
Other
G.
BUILDING SITEWORK
1010
Earthwork
1020
Roadway & Parkin
1030
Drainage & Flood
Control
1040
Security Measures
1090
Other Sitework
Revised Attachment A - Federal
Budget and Scope of Work
As a Hazard Mitigation Grant Program project, the Recipient, Monroe County, will provide protection
needed for the above code hardening for the new construction of the Monroe County Emergency
Operations Center (EOC) located at 10095 Overseas Highway, Marathon, Florida 33050. The entire shell
and roof will be hardened beyond code against 225 mph winds and impact resistant windows will be
installed. If deemed necessary, wind protection will be provided on any other openings such as skylights,
vents, louvers, and exhaust fans. All construction and installations will be done in strict compliance with
Florida Building Codes Specifications. All materials will be certified to meet the wind and impact
standards of 225 mph wind loads. The local municipal or county building department will inspect and
certify construction and installation according to the manufacturer specifications.
The structure being mitigated at 10095 Overseas Highway, Marathon, Florida 33050 is located in a
Special Flood Hazard Area (SFHA). The Title Holder must adhere to the following restrictions:
• The Title holder must insure all structures that will not be demolished or relocated out of the
SFHA to an amount at least equal to the project cost or to the maximum limit of coverage made
available with respect to the particular property, whichever is less, through the National Flood
Insurance Program (NFIP), a s authorized by 42 U.S.C. 4001 et seq., as long as the Title Holder
holds title to the property as required by 42 U.S.C. 4012a.
• The Title Holder must maintain all structures on the property in accordance with the flood plain
management criteria set forth in Title 44 of the Code of Federal Regulations (CFR) Part 60.3 and
City/County Ordinance as long as the Title Holder holds title to the property.
• The Title Holder must notify subsequent purchasers that SFHA conditions are attached to the
property. This will be accomplished by the Title Holder ensuring that the City/County will legally
record with the county or appropriate jurisdiction's land records a notice that includes the name of
the current Title holder (including book/page reference to record of current title if readily
available), a legal description of the property, and a declaration that Federal Law requires flood
insurance coverage during the life of the property.
This is FEMA project 1609-153-R, funded under 1609-DR-FL.
The Period of Performance for this project ends on August 18, 2011.
Schedule of Work
Construction Phase: 10 Months
Total Period of Performance: 10 Months
Line Item Budget*
Project Cost Federal Share Non -Federal Share
Additional Design Costs
$ 141,806
$ 106,355
$ 35,451
Construction Materials and Supplies
$2,143,936
$1,607,952
$ 535.984
Sub -total:
$2,285,742
$1,714,307
$ 571,435
Administrative Cost:
$ 0
$ 32.063
$ 0
Total:
$2,285,742
$1,746,370
$ 571,435
* 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.
10
Fundina Summa
Federal Share: $ 1,714,307 (75%)
Local Share: $ 571,435 (25%)
Total Project Cost: $2,285,742 (100%
Recipient Administrative Allowance up to $32,063
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.
11
Revised Attachment B
Program Statutes and Regulations
1. Sections 215.555(7)(c) and 215.559, Florida Statutes
2. Chapter 252, Florida Statutes
3. Chapter 287, Florida Statutes
4. Chapter 119, Florida Statutes
5. Chapter 60A-1, Florida Administrative Code
6. Chapter 9G-19, Florida Administrative Code
The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally
governed by the following statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
(2) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable
FEMA policy memoranda and guidance documents;
(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program;
(4) Hazard Mitigation Long-term Recovery Guidance; and
(5) All applicable laws and regulations delineated in Attachment C of this Agreement
In addition to the above statues and regulations, the Recipient must comply with the following:
The Recipient shall fully perform the approved hazard mitigation project, as described in the
Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance
with the approved scope of work indicated therein, the estimate of costs indicated therein, the allocation
of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not deviate
from the approved project and the terms and conditions of this Agreement. Recipient shall comply with
any and all applicable codes and standards in performing work funded under this Agreement, and shall
provide any appropriate maintenance and security for the project.
Any development permit issued by, or development activity undertaken by, the Recipient and any
land use permitted by or engaged in by the Recipient, shall be consistent with the local comprehensive
plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida
Statutes. Funds shall be expended for, and development activities and land uses authorized for, only
those uses which are permitted under the comprehensive plan and land development regulations. The
Recipient shall be responsible for ensuring that any development permit issued and any development
activity or land use undertaken is, where applicable, also authorized by the Water Management District,
the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game
and Fish Commission, and any federal, state, or local environmental or land use permitting authority,
where required. Recipient agrees that any repair or construction shall be in accordance with applicable
standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and
standards.
Recipient will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the completed work conforms with the approved plans and specifications
and will furnish progress reports and such other information to HMGP as may be required.
12
If the hazard mitigation project described in Attachment A includes an acquisition or relocation
project, then Recipient shall ensure that, as a condition of funding under this Agreement, the owner of the
affected real property shall record in the public records of the county where it is located the following
covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from
which a structure will be removed pursuant to the project:
1. The property will be dedicated and maintained in perpetuity for a use that is compatible
with open space, recreational, or wetlands management practices;
2. No new structure will be erected on property other than:
(a) a public facility that is open on all sides and functionally related to a
designated open space;
(b) a restroom; or
3. A structure that the Director of the Federal Emergency Management Agency approves in
writing before the commencement of the construction of the structure;
4. After the date of the acquisition or relocation no application for disaster assistance for any
purpose will be made to any Federal entity and no disaster assistance will be provided for
the property by any Federal source; and
5. If any of these covenants and restrictions is violated by the owner or by some third party
with the knowledge of the owner, fee simple title to the Property described herein shall be
conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida without further notice to the owner, its successors and assigns, and the owner, its
successors and assigns shall forfeit all right, title and interest in and to the property.
HMGP Contract Manager will evaluate requests for cost overruns and submit to the Regional
Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set
forth in 44CFR 206.438(b).
The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a
HMGP Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating
in the NEPA process. You are reminded that no construction may occur in this phase, that a full
environmental review must be completed prior to funding Phase II.
As a reminder, the Recipient must obtain prior approval from the State, before implementing
changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments:
1. For construction projects, the grantee must "obtain prior written approval for any budget
revision which result in a need for additional funds" (44 CFR 13 (c));
2. A change in the scope of work must be approved by FEMA in advance regardless of the
budget implications; and
3. 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. Any extensions of the period of
performance must be submitted to FEMA 60 days prior to the project expiration date.
13
Revised Attachment J
Statement of Assurances
To the extent the following provisions apply to this Agreement, the Recipient certifies that:
(a) It possesses legal authority to enter into this Agreement, and to carry out the proposed program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar
action authorizing the execution of the hazard mitigation agreement with the Division of
Emergency Management (DEM), including all understandings and assurances contained in it,
and directing and authorizing the Recipient's chief administrative officer or designee to act in
connection with the application and to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall receive any share or part of this Agreement or any benefit. No member, officer, or
employee of the Recipient or its designees or agents, no member of the governing body of the
locality in which the program is situated, and no other public official of the locality or localities who
exercises any functions or responsibilities with respect to the program during his tenure or for one
year after, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds, for work be performed in connection with the program assisted under this Agreement.
The Recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any
interest pursuant to the purpose state above;
(d) All Recipient contracts for which the State Legislature is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Recipient for
eligible contract work completed prior to the date the notice of suspension of funding was
received by the Recipient. Any cost incurred after a notice of suspension or termination is
received by the Recipient may not be funded with funds provided under this Agreement unless
previously approved in writing by the Division. All Recipient contracts shall contain provisions for
termination for cause or convenience and shall provide for the method of payment in such event;
(a) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring
that mechanics and laborers (including watchmen and guards) employed on federally
assisted contracts be paid wages of not less than one and one-half
times their basic wage rates for all hours worked in excess of forty hours in a work week;
and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least the minimum prescribed wage, and also that they be paid one
and one-half times their basic wage rates for all hours worked in excess of the prescribed
work -week.
(f) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant
thereto, which provides that no person in the United States shall on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for which the
Recipient receives Federal financial assistance and will immediately take any measures
necessary to effectuate this assurance. If any real property or structure thereon is
provided or improved with the aid of Federal financial assistance extended to the
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Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of
such property, any transferee, for the period during which the real property or structure is
used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the
basis of age or with respect to otherwise qualified handicapped individuals as provided in
Section 504 of the Rehabilitation Act of 1973;
(3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted construction
contracts; affirmative action to insure fair treatment in employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other
forms of compensation; and election for training and apprenticeship;
(g) It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves
or others, particularly those with whom they have family, business, or other ties pursuant to
Section 112.313 and Section 112.3135, FS;
(h) It will comply with the Anti -Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and
prescribes penalties for "kickbacks" of wages in federally financed or assisted construction
activities;
It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act)
which limits the political activities of employees;
(j) It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for use in
any area having special flood hazards. The phrase "Federal financial assistance" includes any
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance;
(k) It will require every building or facility (other than a privately owned residential structure)
designed, constructed, or altered with funds provided under this Agreement to comply with the
"Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6
for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The
Recipient will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor;
(1) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation
Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by:
(1) Consulting with the State Historic Preservation Office to identify properties listed
in or eligible for inclusion in the National Register of Historic Places that are
subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity;
and
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(2) Complying with all requirements established by the State to avoid or mitigate
adverse effects upon such properties.
(3) Abiding by the terms and conditions of the "Programmatic Agreement Among
the Federal Emergency Management Agency, the Florida State Historic
Preservation Office, the Florida Division of Emergency Management and
the Advisory Council on Historic Preservation, (PA)" which addresses roles
and responsibilities of Federal and State entities in implementing Section 106 of
the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing
regulations in 36 CFR part 800.
(4) When any of Recipient's projects funded under this Agreement may affect a
historic property, as defined in 36 CFR 800. (2)(e), the Federal Emergency
Management Agency (FEMA) may require Recipient to review the eligible scope
of work in consultation with the State Historic Preservation Office (SHPO) and
suggest methods of repair or construction that will conform with the
recommended approaches set out in the Secretary of Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992
(Standards), the Secretary of the Interior's Guidelines for Archeological
Documentation (Guidelines) (48 Federal Register 44734-37), or any other
applicable Secretary of Interior standards. If FEMA determines that the eligible
scope of work will not conform with the Standards, Recipient agrees to
participate in consultations to develop, and, after execution by all parties, to
abide by, a written agreement that establishes mitigation and recondition
measures, including but not limited to, impacts to archeological sites, and the
salvage, storage, and reuse of any significant architectural features that may
otherwise be demolished.
(5) Recipient agrees to notify FEMA and the Division if any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to:
subsurface disturbance; removal of trees; excavation for footings and
foundations; and installation of utilities (such as water, sewer, storm drains,
electrical, gas, leach lines and septic tanks) except where these activities are
restricted solely to areas previously disturbed by the installation, replacement or
maintenance of such utilities. FEMA will request the SHPO's opinion on the
potential that archeological properties may be present and be affected by such
activities. The SHPO will advise Recipient on any feasible steps to be
accomplished to avoid any National Register eligible archeological property or
will make recommendations for the development of a treatment plan for the
recovery of archeological data from the property.
If Recipient is unable to avoid the archeological property, develop, in consultation
with the SHPO, a treatment plan consistent with the Guidelines and take into
account the Advisory Council on Historic Preservation (Council) publication
"Treatment of Archeological Properties". Recipient shall forward information
regarding the treatment plan to FEMA, the SHPO and the Council for review. If
the SHPO and the Council do not object within 15 calendar days of receipt of the
treatment plan, FEMA may direct Recipient to implement the treatment plan. If
either the Council or the SHPO object, Recipient shall not proceed with the
project until the objection is resolved.
(6) Recipient shall notify the Division and FEMA as soon as practicable: (a) of any
changes in the approved scope of work for a National Register eligible or listed
property; (b) of all changes to a project that may result in a supplemental DSR or
modify an HMGP project for a National Register eligible or listed property; (c) if it
appears that a project funded under this Agreement will affect a previously
unidentified property that may be eligible for inclusion in the National Register or
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affect a known historic property in an unanticipated manner. Recipient
acknowledges that FEMA may require Recipient to stop construction in the
vicinity of the discovery of a previously unidentified property that may be eligible
for inclusion in the National Register or upon learning that construction may
affect a known historic property in an unanticipated manner. Recipient further
acknowledges that FEMA may require Recipient to take all reasonable measures
to avoid or minimize harm to such property until FEMA concludes consultation
with the SHPO. Recipient also acknowledges that FEMA will require, and
Recipient shall comply with, modifications to the project scope of work necessary
to implement recommendations to address the project and the property.
(7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it
shall not receive funding for projects when, with intent to avoid the requirements
of the PA or the NHPA, Recipient intentionally and significantly adversely affects
a historic property, or having the legal power to prevent it, allowed such
significant adverse affect to occur.
(m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-
1683 and 1685 - 1686) which prohibits discrimination on the basis of sex;
(n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
(o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(p) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which
prohibits the use of lead based paint in construction of rehabilitation or residential structures;
(q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422),
and the provisions of the state Energy Conservation Plan adopted pursuant thereto;
(r) It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to
the care, handling, and treatment of warm blooded animals held for research, teaching, or other
activities supported by an award of assistance under this agreement;
(s) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as
amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of
the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race,
color or nation origin;
(t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626;
(v) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
(x) It will assist the awarding agency in assuring compliance with the National Historic Preservation
Act of 1966, as amended, 16 U.S.C. 270;
(y) It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
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(z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological
and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq;
(aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-
discrimination;
(bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water
sources;
(cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs;
(dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to
protecting components or potential components of the national wild and scenic rivers system;
(ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating
facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898
(Environmental Justice);
(ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;
(gg) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972, 16 U.S.C. 1451-1464; and
(hh) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
(ii) With respect to demolition activities, it will:
1. Create and make available documentation sufficient to demonstrate that the Recipient
and its demolition contractor have sufficient manpower and equipment to comply with the
obligations as outlined in this Agreement.
2. Return the property to its natural state as though no improvements had ever been
contained thereon.
3. Furnish documentation of all qualified personnel, licenses and all equipment necessary to
inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos
and lead in accordance with requirements of the U.S. Environmental Protection Agency,
the Florida Department of Environmental Protection and the County Health Department.
4. Provide documentation of the inspection results for each structure to indicate:
a. Safety Hazards Present
b. Health Hazards Present
C. Hazardous Materials Present
5. Provide supervision over contractors or employees employed by Recipient to remove
asbestos and lead from demolished or otherwise applicable structures.
6. Leave the demolished site clean, level and free of debris.
7. Notify the Division promptly of any unusual existing condition which hampers the
contractors work.
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8. Obtain all required permits.
9. Provide addresses and marked maps for each site where water wells and septic tanks
are to be closed along with the number of wells and septic tanks located on each site.
Provide documentation of closures.
10. Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (Public Law 94-163).
11. Comply with all applicable standards, orders, or requirements issued under Section 112
and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33
U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency
regulations (40 CFR Part 15 and 61). This clause shall be added to any subcontracts.
12. Provide documentation of public notices for demolition activities.
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