5th Modification 08/17/2011 DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: August 22, 2011
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TO: Lisa Tennyson K,T
Grants Management
FROM: Isabel C. DeSanris, D.C. ill.
At the BOCC meeting held on August 17, 2011 the Board approved the following:
Item CI I Modification k5 to the State Funded Subgrant Agreement for the Design and
Construction of the proposed Emergency Operations Center in Marathon to extend the period of
performance from August 18, 2011 to August 18, 2012.
Attached are five (5) duplicate originals executed by Monroe County for your
handling. Please be sure that the sets marked Monroe County Clerk's Office Original and
Monroe County Finance Department's Copy are returned to this office as quickly as possible.
Should you have any questions, please feel free to contact my offce.
cc: County Attorney
Finance
File
Contract Number: 08-EC-30-11-54-01-039
MODIFICATION # 5 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 $2,845,883 (of this amount $1,029,547 in state funds, $69,966 in
federal funds for Phase I, $106,355 in additional federal funds Phase I and $1,640,015 in federal funds for
Phase II, 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, 2012; and
WHEREAS, the Division and the Recipient desire to modify the Agreement by amending the
Revised Attachment A -Federal Budget and Scope of Work.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the
parties agree as follows:
Tte Budget and Scope of Work, Attachment A -Federal, to this Agreement, is hereby deleted in its
o eotltety; and the Budget and Scope of Work, Revised Attachment A -Federal, to this Modification,
C_- w oTa*re attached hereto and incorporated herein by reference, are substituted in its place and
c�_ •�c stead.
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.
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M provisions of the Agreement being modified and any attachments thereto in conflict with this
h dificetion 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.
IN'WITNESS WHEREOF, the parties hereto have executed this document on the dates set out
below. i
RECIPIENT: MONROE
BY: _
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NAME & TITLE: T"/
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STATE OF FLORIDA
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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 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, 2012.
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
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.
Funding Summary
Federal Share: $ 1,714,307 (75%)
Local Share: $ 571,435 (25%)
Total Protect 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.
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