8th Modification 07/17/2013AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORMA
DATE: August 23, 2013
TO: David Hill, Director
Project Management
ATTN.• Ann Riger
FROM: Vitia Fernandez, D.C.
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At the July 17, 2013, Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item C 14 Modification #S to the State Funded Subgrant Agreement for the
Design and Construction of the proposed Emergency Operations Center in Marathon to extend Federal
funding from June 30, 2013 to June 30, 2014.
Enclosed are eight (8) duplicate originals executed on behalf of Monroe County, for your
handling. Please be sure to return two fully executed duplicate originals as soon as possible. Should
you have any questions, please feel free to contact me.
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305-295-3130 Fax: 305-295-3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146
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Contract Number: 08-EC-30-11-54-01-039
MODIFICATION #8 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 December 31, 2015,
and the additional federal funds of $1,746,370 must be expended on or before June 30, 2013; and
WHEREAS, the Division and the Recipient desire to extend the Federal funds to June 30, 2014;
and
NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the
parties agree as follows:
1. Paragraph 3 of the Agreement is hereby amended and is to read as follows:
This agreement shall begin January 24, 2007, and shall end December 31, 2015 for the State
funds and June 30, 2014 for the Federal funds, unless terminated earlier in accordance with the
provisions of Paragraph (12) of this agreement. However, availability of State funds after June
30, 2013, is contingent upon obtaining budget authority beyond June 30, 2013.
2. The Budget and Scope of Work, Attachment A - Federal, to this Agreement, is hereby modified as
set forth in 6`" Revised Attachment A -Federal to this modification, a copy of which is attached
hereto and incorporated herein by reference. This Budget and Scope of Work, Revised
Attachment A -Federal, contains the provisions that apply to the federal funding and period of
performance extension.
3. 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.
4. 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.
5. The federal quarterly reports are due to the Division no later than 15 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative
closeout report. The ending dates for each quarter of the program year are March 31, June 30,
September 30, and December 31.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set out
herein.
RECIPIENT: ONROE COUNT
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Attachment A — Federal (e Revision)
Budget and Scope of Work
ScoDe 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 Phase II project work will consist of hardening the entire shell and roof 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 components and installations will be done and met in strict compliance with
Florida Building Code 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), as 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 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.
Project Conditions
1. The Recipient must provide a statement of assurance during project closeout, verifying
that SFHA requirements were met on the property listed above and evidence of Flood
Insurance.
2. The Recipient will provide sign & seal As -Built -Plans, Certificate of Occupancy, etc
when project is completed. The Recipient's Engineer of Record to provide a formal
certification or letter affirming the project has been completed in conformance with the
approved project drawings and specifications.
3. Actions must not have extraordinary circumstances as described in 44 CFR Part
10.8(d)(3). Actions must comply with the requirements of Executive Orders (EO) 11988
(Flood Plains), EO 11990 (Wetlands), and EO 12898 (Environmental Justices).
4. Actions affecting resources regulated by the Clean Water Act must qualify under the US
Army Corps of Engineer's Nationwide Permit Program and Florida Department of
Environmental Protection (FDEP) General Permit.
The Recipient must obtain and comply with all necessary state and local permits, codes
and standards, and conditions set forth in each including employment of standard best
management practices (BMP), and obtain and comply with all required permits and
approvals. Failure to obtain all appropriate federal, state, and local environmental
permits and clearances may jeopardize federal funding. If project work is delayed for a
year or more, then coordination with and project review by regulatory agencies must be
redone.
If human remains or intact archaeological deposits are uncovered, work in the vicinity of
the discovery will stop immediately and all reasonable measures to avoid or minimize
harm to the finds will be taken. The recipient will ensure that archaeological discoveries
are secured in place, that access to the sensitive area is restricted, and that all
reasonable measures are taken to avoid further disturbance of the discoveries. The
Recipient's contractor will provide immediate notice of such discoveries to the Recipient.
And the Recipient will notify the Florida Division of Historical Resources and FEMA
within 24 hours of the discovery. Work in the vicinity of the discovery may not resume
until FEMA has completed consultation with the FDEM, SHPO, Tribes, and other
consulting parties as necessary. In the event that unmarked human remains are
encountered during permitted activities, all work should stop immediately and the proper
authorities notified in accordance with Florida Statutes, Section 872.05.
7. Project will have no effect on any federally listed threatened or endangered species, or
their habitat, and is in compliance with the Endangered Species Act (ESA).
As a reminder, the above conditions and documentations must be provided at project closeout.
Failure to do so may jeopardize federal funding.
This is FEMA project 1609-153-R, funded under 1609-DR-FL.
The Period of Performance for this project ends on June 30, 2014
Schedule of Work
Phase II Construction: 44 Months
Total Period of Performance: 44 Months
Line Item Budget*
Project Cost
Federal Share
Local Share
Ph II Construction Materials & Supplies;
Earthwork:
$
14,161.00
$
10,621.00
$ 3,540.00
Piles and Caissons:
$
510,333.00
$
382,750.00
$127,583.00
Concrete Work:
$1,341,169.00
$1,005,877.00
$335,292.00
Metal Decking:
$
7,244.00
$
5,433.00
$ 1,811.00
Ornamental Metal:
$
150,385.00
$
112,789.00
$ 37,596.00
Membrane Roofing:
$
57,624.00
$
43,218.00
$ 14,406.00
Entrances & Storefronts:
$
33,620.00
$
25,215.00
$ 8,405.00
Hardware:
$
2,475.00
$
1,856.00
$ 619.00
Louvers and Vents:
$
9,600.00
$
7,200.00
$ 2,400.00
Exterior Protection Devices for Openings:
$
17,325.00
$
12,993.00
$ 4,332.00
Phase H Cost.
$2,143,936.00
$1,607,952.00
$535,984.00
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Additional Design Cost:
$ 141,806.00
$ 106,355.00
$ 35,451.00
Sub -Total:
$2,285,742.00
$1,714,307.00
$571,435.00
Administrative Costs:
$ 0.00
$ 32,063.00
$ 0.00
Total:
$2,285,742.00
$1,746,370.00
$571,435.00
* 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: $1,714,307.00 (75%)
Local Share: $ 571,435.00 (25%)
Total Project Cost: $2,285,742.00 (100%)
Recipient Administrative Allowance up to $32,063.00
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