HomeMy WebLinkAbout1st Amendment 02/08/2018 MODIFICATION #1 TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
MONROE COUNTY
This Modification is made and entered into by and between the State of Florida,
Division of Emergency Management ("the Division"), and Monroe County("Sub-
Recipient"), to modify Contract Number P0005, which began on October 30, 2017 ("the
Agreement").
WHEREAS, the Division and the Sub-Recipient have entered into the Agreement,
pursuant to which the Division has provided a Subgrant to Sub-Recipient under the
Public Assistance program of j12&qqNM;
WHEREAS, the Division and the Sub-Recipient desire to modify the terms of the
Agreement.
WHEREFORE, in consideration of the mutual promises of the parties contained
herein, the parties agree as follows:
1. The Budget,Attachment A to the Agreement, Is hereby modified as set forth In Is'
Revised Attachment A to this Modification,which Is attached hereto and
incorporated herein by reference.
2. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Modification as of
the dates set out below.
SUB-RECIPIENT* MONROE COUNTY
By: ATflM��KEMM , CLEPXI�
Name and Title.
DEPUWCLEW
Date:
DIVISION OF EMERGENCY MANAGEMENT
op
BY"
MIT"
Na ' e and Title: Michael Kennett,Deputy Director
D q MONROE COUNTY ATTORNEY
Date D A? T
V .............. Af?l?ROV
................. HAL
t—yimx c., HAL
ASSISTANT COUNTY ATTORNEY
tam...... a.- -?° — R ei j r
I'It Revised
ATTACHN ENT "A"
SCOPE OF WORK AND BUDGE,T
BACKGROUND
At 9:10 a.rm on September 10, 2017, Hurricane Irma made landfall near Cudiole Key
as a Category 4 Hurd cane with n-,iaximurn sustained winds of,130 mph, At 3:35 p,m.
that same day, Hurdcane Irma made a second landfall at Marco Island as a Category 3
t,Iurncane with maxirnuii�-,n sustained winds of' 'I 15 rnph (and with a reported gust of 130
mph), Frorn there, Hurricane Irma continued north up the Florida pleninsula before
finaRy exiting the State as a"l ropical Storm ion September 11
Ill:;)udng its nmi up the peninsula, I lufficane Irma raked the State mfith high winds acid
torrential rains, left over half the State without power, and caused record flooding on'the
St,, Johns River. A,t the peak,of the storm, 1:::1odda operated 97 Speich,.M Needs Shelters
with 11,255 clients and a total population of 54,0(.'.)0,
§TEP
A. The IPrograim. Generally
I o address to she[tering needs created by Hurricane Irma, the Federal Emergency
Management Agency (1::::`EMA") authorized N.AblicAssistance (",PN') funding under
Section 403 of the Stafford Act for a :,Sheltering and Tempor". Essential I'lower(STEP)
1:30ot Program, Properly administered, STEP quaMes as an emergency protective,
measure (Category B).
Work,authorized under STEP is vneant to provlide the most bas'dcl, life sustaining
needs for emergency shelter4-i0.—it is not meant to restore hornes t their pre-disaster
condition.
Where safe,and practicable, the STEP Program:
Authorizes Federal re�rnbursement for emergency work,and power rest oralion
in disaster-damaged single-family owner occupmd,residences,
Provides basic, minimal work to sinvivors' hwnes to allow surmfors to shelter
in place for an extended period, arid,
Enables resicients to return to or rernain in their homes as a form of shelter
while permanent re cur are completed.
8. Prograrn ('N`oa1s
Within the communities impacted by the disaster, S I EP
Eliminates or lessens pmrnediate threats to lives, public health, or safety,,
Eliminates or lessens immediate. threats of significant additional darnage to
improved public or private. property in a cost-effective manner;
Bridges the gap between firnme&ate shOtering and loiriig term housing,-
Enables suMvors to shelter at Ihome (in lieu of a public stwlter),-
* Allows survivors to remain in their rorrimumfies,--
* Lessens community. disruption-
* Reduces the number of individuals requiring assistanv* through ot-her
temporary housling and ernergency shelte�riing programs (e.g. congregate
sheltering or transifional shelte.ring assistanc e.)1-
* Reduces the need for ten-n1porary maru.3facturd homes-,
* Facilitates the return of public arid private f2cififies to their pre-du aster
function (e.g. schools instead of public shelters; hotels inste.ad of transitional
slieftering locations)Y
Reduces the riskfoir further degradation of impacted 11hornes;
Reduces to need for demolffion,-
haves taxpayer rnoney; and,
Expedites a cornmunity. 's recovery.
C Eligible Repairs
All work under S I-EP must comply with local, State, and federal codes. Eligible
repairs under STEP are firnKe.dto„
0 Work necessary to provide essential Oectiricalsupply, HVAC, and hot waterr
* Worlc necessary to restore riatural as supply if requir e d for HVAC, hotwate.r,
and/or food preparation;
* Work.necessary to provide potable water supply this vray finclude wefl
decontamination if only source of potable water,
* Weatherproofing 11:�0 include roof, all, and vVindows-,
Secii.Arirng brokeri windows, and repair or replacement of nonfunctioning
exterior and/or necessary interior doors;
Removal of disaster related debris to curbspde necessary to safely enter,
inspect, and perform eligible emergency work, and safely shelter in place,
Knor inte.nor and/or,•extedor work to provide safe access (e.g. stairs, rarnps)
avid living environment;
9 DvywaH replacement for the purpose of safely covering any exposed electrical
work, or,to ensure the hiome is properly insulated--
* Ensure one useable bathroorn vanity, sM, toilet, and tank-,
* Eirisure functional kitchen facilities to include rninimal cooking and
reffigeraflon appliances necessary to shelt er in place (not to exceed $500)
and/or mini fridges for doctor pre.scHbed rneftal needs
* Ensure safe avid adequate sleeping accommodations for all household
rnembers; and,
Items and work necessaryto ensure safei for individuals with access
functionaland s,
The following it r provide x I s of eligiblerepairs:
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D. Program Limitations
STEP its only authorized foii sfingle family, owneir-occupied residenbal properties
daynaged by IHurricane Irma, it does riot include recreational vehicles Or houseboats.
Additionally, commercial prop rail and commonly owned areas, stnictures, or
equipmer'd are not eligible for removal, maintenance, repair, or replacement under this
prograirn. Also, to be eligible, owner, of the properties must register wiith F:"EIAA.
E. IProgram Calp
Emergency rcpa4s under s rEP rnust be reasonable and rnece.ssary and cannot
exceed $20,000 peir resWeince, Additionally,, the repairs must be limile d to those th a t
imakettie home safe for sheltering purposes,. If a home cannot be imade safe for shelter
purposes for less than the cap, that property is not eligible for STEP assistance-
Additionally, if it is determined that a home is not suitable to safely shefter it) place due
to the preser-iice of toxic or hazairdOUS rinaterials, that I.,iropeirty is riot eligible for s r i P
assistance.
F. Effect on otheir ll::orms of FEMA Assistance
S FEP asspstanoe is an ernw-gericy protecfive measure provided under FEMA's l,:::'A
Program. It support efforts to save lives and protect public health and safety, in cWding
the provWon of eirnergency sheftering', therefore, S I EP parnergei icy protective imeasiares
do not affect a FEMA lindivldual Households Program ('1143") appficants eligibility for
repair or replacernent assistance under FEMA's lndividual Assistance ("IA") Prograrn
and its irnpiernentfing regulations,
Participation in STEP shall make a ll:::::'EMA IHIP applicant ineligible for furtheir 1 SA or
other IFEIMA sheltering assistarmc..-,, if authorized, once emergeincy,work is cornpleted
and the home approved for sheltering occupancy, except in limite.d circumstances when
tt-iie scope of ernergency work was not properly cornjpWed.
There should not be overliap betmeen the type and/or extent of darnage that is
appropdate for STEP and the type and/or damage that would Msult in the need for
direct housing. Consequently, participation in STEP will generally precWde a participant
from also receiving an M111 IU, travel trailer, or other direct housing assistance.
G Private Property in iderations
.As an emergency protective nriieasures conducted on pdvatf..,,, property, TSA is efigiWe
u inder the PA Pr gram if-.
* The irnmediate threat is widespread, affecting numerous homes and
businesses in a commii.mity such that it is a threat to the health and safety of
the general Ipublic in that comimuinity;
a The AppHicant has legal auffi&ity tO perform the work, and,
a The Applicant obtains dghts-of-entry and agreements to indernnify and hold
I iarry,fless the Federal Government,
The first criteria (irnmediate ff--ure-at) has already been safisfied in any county for
l FII1:'.MA has authorized STEP However, the second ar)d third ciItena must be
satisfied in forward.
TASKS
'�_OCONSTRRUCTION SHALI COIAME114CE UN I Ill...THE SUB-RECIPIM-r'
COMPLETES TASKS 1 THROUGH 5.
Task I Adrninistration:
I later than 15 days after execution of this Agreement:, the Si b-Recipien't shaU
estabfiOi clear procedures for its administration of the s rEP program, to include:
* Pudic outreach (t IIncludi photographs of eligible re.paqrs)-,
* Site idenfification,
Silte. 4'mpectllons;
Structure ehgibiljty�
Repair eNgiblifityll
Pro curpment%,
PerrnitfinqT
Licensing requwernents; and,
lip, Rights of entry (see Attachment E);
Task 2 Public Outreach:
Forth first 30 days follow�ng execution of this Agveement, the Subn Recipient stl.011
conduct a pubfic outn..,.ach campaign that"
* (<-iighhghts the goals of the STEP Prograrn rid,
* Addresses prograrri eligibifity.,
As part of the public oiutresach campaign, 'the 'fo llo*ng panguage must be hICIUded iin any
outreach efforts.-
"Work authorized under STEP is rneiant to provide the n-mst f.)asic, life
sustaining needs -for irniergency stielte.,%ring it is not meant to restoine
homes to their,pire-dusaster condibion.
SurvNors must registe.r for FEMA assistance to participate in S I`EP_
Homeowners do not 1,mve to qualify for FEIMA assistance irii order to
participate in E13, though it is stroimg�y encouraged to r(agister for
potentiM additional assistancf..�.,
STEP participants may regWeir--with FEMA onfinie at
www,,DisasterAssistance.gov or by caffing 1 800 621 3362 or 1-800-462-
7585 (TTY) ,,,I hose who use '711 relay or,Video Relay Service (VRS) may
call 800 621 3362 directly."
AddifionaHy, the outreach efforts must inClUde the jpictuaas included above
Task 3 Ideinfificafion:
No later than 60 days after execution of this Agmement, the Sub-Recipe erat shall iidenfify.
structures efigible for the STEF1 proqrarn, As part,of the ide mitotic ation process, the Sub-
Recipient shall,
* Identity.the owner of ffie structur%
* Confirm that the owner has registered with FEMA,'
* Determine Whether the structure is a primary residence for the owner
* Obtain a Right of Entry (2ROE") for the structure and accornpanying property
(see Attachment E),,,
* Conduct an inspection of the structure',
* Identify the eligible repairs needed to transform the struicture fil.-Ito an
emergency shelter;
* D, terrriline if the eligible repairs needed to trairisform the structure into an
emergency shatter. repair can The completed for$20,000 or less- and,
* Determine what 1permits, if any, woWd be necessary to conduct the
emergency repairs.
In order to establish the structure. is the phimmy reAcdence of the owner, the Sub-
Re6pieii,it rnust obtain one of the following (required by FIE MA):
9 Utility IBM;
0 Merchant's statf.-�rnerit;
a Drivers License-,
* 'Voteiirs RegWrabon cards or,
o Employer's State.ment such as a wage or earnings staterneil"It..
In order to ver4 Ihorna ownership, the Sub-I eciplent must obtain one of the following
(required by F`EMA):
* Structural Insurance;
* T IEMI or,other tax records available through the tax office,
* Official's IRecords (notarized document confirming long-term ownersHjp oi are
oiriginal deed or deed of trust to tt* property 11sting the applicant as the legal
owner)m
* Mortgage Payment IBoolk',
* Affiidavute or,
* Title Nurnber after viewlng an official government docurnent verifying the
timime address and applicaint to own the dwelling.
Additionally, uno hater thaw"i 60 days after execution of this Agreement, the Si.0-Recipient
SlhaH SUbmit a tist to the Divisiorrm that lists the foflovOng (reqOed by EMA):
The mirnber of ROE"s obtained;
the number of properbes mspecled', and,
The number of propei ties withdrawiri or determined ineOgible up in inspecUor),
Task 4 Statement of Work:
No later than 15 days after the successful completion of Task#3, and for each structure
that will be transformed into an ernerger,ucy shelter, the Sub-Recipient shall prepare a
Statervient or Work that identifies:
"The actuall, eligible relpairs.,that will be cqrr,)nductedl and,
The total cost of the repairs.
1"'he Statemint of Work must be signed by the following.-
in The owner of the residerme;
The contractor responsible for coriducting tt* emergency repairs; avid,
The Sub.-Recipient,
Task 6 [XvIsiorw Approvati:
No later than 30 days after the successfu i com pletion of I ask#3, and for each strUcture
that will be transforrned into an emergency shelter, the Sub Recipient shall submit a list
to that Division that flints the fkbHowing,
* Address of the structure;
* hlan"ie oaf this structure owner,,
* Proof that the structure is the Owner's primary residence,
* Proof of ownership of the structure,
Q, The owner!s FEMA registratior-i number;
• Confirmatioin that the Sub-IlRecipilent obtained an executed Right of En" from
the owner of the^ tructure;
• Certification ffmt the Sul:::i-Reciplent will apply for and obtain ail necessary
perrnits prkn"to the stwt-of construction as part of Ta...sk,6, as Mrefl as
cerfification that the Sub-Recipient will slubmit proof of permits as part of the
final inspection irepaort in Task 7p
Coinflanation that all necessary parties signed the Statement of Work.
Along with the list above, the &il:i.,,,Recipierit shaOl provide a col::q of the Rigtit of if
,and the Stat ernerit of:Wo*for each structure,. Mhin two (2)business days of receipt
of the list and accornpanying docurnentaflon, ttm Division shall ii,mtify the Sub Recipient
which structures oin the flst,are approved by the Division for STEP repairs.
Task 6 Construction,
After Vm DhfWon nofifiestime Sub-Reciplient of the structures af.:mproved under Task.#5,
and no later than 60 days after the sii iccessful completion of Task#3, the Sub-Recijjj)uent
shatl cornpiete all emergency shet repair irneasures identified in the Statemeint of
Work. The Sub-Recir,)lent may use a contractor to perform the repairs; however, a
ficensed Florida contractor shall su�:)ervise all work.
Task 7 li,,1nal Inspection:
Upon con',upletiinn of the ernergency shelter repair imeasures identified in the St,,.,I-tement
of Work, ariid no later thain 1210 days after execution of this Agreement, the Sub-
Recif.:)ient shall conduct a final inspection of the repaired structure, The Sub-FRecipient
shall submit to the IENvision afinal in spa ctiioo ii report that
V I ists whein work meas initiate
moo I lists when work was cornl:)ieted:
Certifies that all ernergermy repairs ideriifified in the Statement of Work were
successfijHy completed;
C ertifies that all code complianice, sate' ins'-pection, and occupancy'
requirernents have been satisfied;
Lists the cost raf the arnar en rrepair 1, and,
Lists the narne of the contractor who performed the work
As, part-of the 'thrall linspection rel:iort, the Sub,Reciplerd shall l,urovide copies of the
buuil in 1p urn'rits for each property,.
Additionafly, the finals 1nspeCjj:rjCIri report,signed by the following:
* I tie owner of the residenc%
0 The contractor who conducted the emergency irepairs, and,
* Ttie Sub-R.e6ipient.
2DE", .III V E�_RA 8 11 L.E*
Provided the Sub-Recjpient successfuOy cornpietes all of the Tasks lderitified above,
arid provided the cost of emergency repairs does inot exceed the amount listed in 'thie
Statement of Work, ($20,000 per residence), the IDivision will reimburse the Sub-
Reci,l::uierft-
* For the acti.W WOLU'lt of erneMency re'pairs successfully completed (sub,iec,t to
the overall funding amount identified in 1paragraph 8 of this Ag.,reement),
* Minus one half of the non.Federal cost share for- DR-433'.
For example, if the nm i-Feder* cost share ofDR-4337 is 25%, than the li,ivislorh will
r6irriburse up to 87,5% of the overall project cost as f0ows.
'75% fr romthe Federal government as ouflined in the FERAA.-Sgate Agreement(as
arnended)i and,
12,5% firom the State of Florida in accordaince with section 252,37(5)(a), Florida
Statute S.
However, ff the non-Federal cost sharetnr DR-4337 is 10%, ttmn the DMsjon will
renm bur se up to 95% of the overa project cost as follows&
* 90% ,frorn the Fedeml government as oufflned in the FEMA-State Agreaement (as
amended)" and,
* 5%from the. State of Rorida 'gin accordance with section 252.37(5)(a), Florida
statutes.
PROJEC T"WORKSHEET',
The Sub-Re6pient may submit a single Project Worksheet ("fly W')to FEMA for 0 of the
s rEP repairs conducted under this Agreement, "T tie Sub-Recupient does not need to
submK a PW 1br each structure.. If the costs qualify for reimbursernent under the
Federal Rules, the Sub Rec�pient may dairn Direct Administrative iCosts, ("DAC") relat a-d
to STEP as a Category B emerqency pm„ tective measure under FEMA's PA Program.
rhe $20,000 cap per stnicture only applies to the eligible repa4z, listed above. The cap
does not include any DAC claimed by the Sub-Recipient,
The Sub-Recipiant shall submit its PW to the Division Mthin 90 days of the completion
of Task;'7 at the final property addre.ss,
IFTIMANVAI CONSEQUENCES:
'if the Sub RecVent fails to coimply with any to.rm of the award, 'the Division shall take
one or more of the following tions, as appropdate in the &curnstances,
Fernpora(fly withhold cash payments penftg correction of the fi ien y by
the Sub Recipient�
Msallow all or part of the cost of the activity or action not in compliance;
Wholly or partly susperid or terminate thie current award for the Sub-
Recipient
• Withhold further awairds for the program', or-,
• 'nake othier re-me6es that may be legally ava4able,