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Item C22 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 16, 2014 Division: Public Works/Engineering Bulk Item: Yes X No Department: Project Migpggement Staff Contact Person/Phone #: Kevin Wilson X8797 AGENDA ITEM WORDING: Approval of Modification 49 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, 2014 to December 30, 2014. ITEM BACKGROUND: The Federal portion of the Subgrant Agreement with the State of Florida, Division of Emergency Management is set to expire on June 30, 2014. A request for an extension was granted by FEMA to extend the grant to December 30, 2014. PREVIOUS RELEVANT BOCC ACTION: On 6/20/07, the BOCC approved to execute a Division of Emergency Management (DEM) State Funded Subgrant Agreement toward design and construction of a new County Emergency Management Operations Center(EOQ in Marathon. On 1/16/08,the BOCC approved Modification#1 adding Federal(Hazard Mitigation Phase 1)funding to the Subgrant Agreement. On 5/20/09 the BOCC approved Modification 42 extending the expiration date for federal funding from 5/8/09 to 12/07/09 and state funding from 6/30/09 to 6/30/10, and on 6/16/10 the BOCC approved Modification 43 extending the State Funding to 6/30/13. On 12/15/10 the BOCC approved Modification 44 increasing the total funding by an additional $1,746,370 of federal funds, and extending the Period of Performance to 8/18/11. On 8/17/11 the BOCC approved Modification 45 to the Agreement extending the period of performance for federal funding from 8/18/11 to 8/18/12. On 7/18/12,the BOCC approved Modification 96 extending the expiration for federal funding from 8/18/12 to 6/30/13, and on 2/20/13 the BOCC discussed and approved to request an extension of the Agreement. On April 17,2013 the BOCC approved Modification#7 extending the State portion of funding from June 30, 2013 to December 31, 2015, and on July 17, 2013 the BOCC approved Modification 49 extending the Federal funding from June 30,2013 to June 30,2014. CONTRACT/AGREEMENT CHANGES: Extend the expiration date for Federal funding from June 30, 2014 to December 30, 2014. Paragraph 3 of Modification#9 included REMEDIES to the Agreement. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY:- N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes— No X AMOUNT PER MONTH— Year Gp, B/Pur APPROVED BY: County Atty POkasing— Risk Manageinentt iY DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: State of Florida DEM Contract# 08-EC-30-11-54-01-039 ......... ...... Effective Date: 06/30/14 ..........­7 Expiration Date: 12/30/14 Contract Purpose/Description: Modification#9 to the State Funded Sub rant Agreement for he t Design and ...................... Construction of a new EQC, extending Federal fund inia, fron'i-june 30 2014 to December 30 2014 ................................ .............--. Contract Manager: Ann Riger X4439 PrOjecLM-6ymt/Stop #1 ...........I.......... (Name) (Ext.) (Department/Stop:4) for BOCC meeting on 07/16/14 Agenda Deadline: 07/01/14 CONTRACT COSTS Total Dollar Value of Contract: 1,746,370 Current Year Portion: $ 0.00 Budgeted? Yes® No F Account Codes: 26000-560620-CP9902- - Grant: $ 1,746,370 County Match: $ 571,435 ADDITIONAL COSTS Estimated Ongoing Costs: $1,500.00 yr For: Salaries for reports, etc. .................... (Not included in dollar value above) (eg. maintenance, utilities,janitorial,,salaries,etc.) ........ CONTRACT REVIEW Changes Date Out Date In Needed R il. er Division Director Yes[:] No Risk Management Yes[] Noff` ... . ..................... "I'll- ----- O.M.B./Purelc5ing YesFNoE L/ .......... ....... 12 County Attorney Yes[:] No 20" 2 a I/ al Comments: OMB Form Revised 2/27/01 MCP#2 Contract Number: 08-EC-30-11-54-01-039 Project Number: 1608-153-R MODIFICATION#OTCJSUBBRANTAGREEMENT This Modification is made and entered into by and between the State of Florida, Division of Emergency Management, (''the Division"), and Monroe Cmmnhf ('the Recipient") to modify the Division's Contract Number O8-EC-30-11-84-01-O39. dated August 27. 20O7 ("the Agreement"). WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which the Division provided m sub-grant of $2.845.883 (of this amount $1.029.547 in State funds, $69,966 in federal funds for Phase |. $1OG.355in additional federal funds Phase | and$1.G40.O15in federal funds for Phase l| Constructimn); and WHEREAS, the State funds of$1.02A.547 must be expended onor before December 31. 2015. and the additional federal funds of$1,746,370 must be expended on or before June 30, 2014; and WHEREAS, the Division and the Recipient desire to extend the Federal funds toDecember 30. 2014; and NOW,THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree oefollows: 1. Paragraph 3 of the Agreement is hereby amended and is to read as follows: This agreement shall begin January24. 2007' and oho(| end Oeowmnbmr3i, 2015 for the State funds and December 30. 2014 for the Federal funda, unless terminated earlier in accordance with the provisions ofParagraph (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 Gm Revised Attachment A,Fodenm| to this modificaUon, m copy of which is attached hereto and incorporated herein by reference. This Budget and Scope of Work, Revised AttaohmentA'Federa|. contains the provisions that apply to the federal funding and period of performance extension. 2. Paragraph 11of the Agreement ia hereby amended to read eafollows: (i1) REMEDIES If an Event of Default occurs, then the 0k/io|on oha||, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to ouma within those thirty daya, exercise any one or more of the hz||oxving remedies, either concurrently orconsecutively: (a) Terminate this AQrennment, provided that the Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United Steteo, first o|aaa mai|, postage prepeid, by registered o/ certified mail-return receipt naquested, to the address in paragraph (13) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (d) Raquire that the Recipient refund bo the Division any monies used for ineligible purposes under the lawo, rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial octione, to include but not be limited to: 1 Request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. Issue a written warning to advise that more onhoua measures may bn taken if the situation ia not corrected, 3. Advise the Recipient to uuapend, discontinue or refrain from incurring costs for any activities in question or 4. Require the Recipient to reimburse the Division for the amount oy costs incurred for any items determined tobeineligible; (0 Exercise any other rights or remedies which may be available under law. (g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at |mvv or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affeot, extend or waive any other hQhd or remedy pfthe 0ivkaion, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. 4. All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective on the date of execution of this Modification by both parties. 6. All provisions wf 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 nf this Modification by both parties. G. 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 besent each quarter until submission ofthe administrative closeout report. The ending dates for each quarter ofthe program year are March 31, June 30. Geptember3O. and Deoember31 2 IN WITNESS WHEREOF, the parties hereto have executed this modification as of the dates set out below. RECIPIENT: MONROE COUNTY BY: NAME &TITLE; DATE: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT BY: Bryan W. Koon, Director DATE: MONROE COUNTY ATTORNEY APPAOVf D AS TO FOI"� � � ✓ ';7 01 NAl"IL EENIF W. CASSEL A. SISTANT COUNTY ATTORNEY Date ..� . ..: ��,. 3 Attachment A—Federal (9'" Revision) Budget and Scope of Work 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 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 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. 5. 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. 6. 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 December 30, 2014 Schedule of Work Phase II Construction: 44 Months Total Period of Performance: 44 Months 5 Line Item Budget* Project Cost Federal Share Local Share Ph 11 Construction Materials&Supplies; Earthwork: $ 14,11611.00 $ 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 U Cost., $2,I43,936.00 $1,607,952.00 $535,984-00 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: $ 5711,435,00 (25%) Total Project Cost: $2,285,742.00 (100%) Recipient Administrative Allowance up to$32,063.00 6 ........... 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 11 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 6th 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. 1 IN WITNESS WHEREOF,the parties hereto have executed this document as of the dates set out herein. RECIPIENT: NROE COUNTY NAME&TITLE: o DATE: f0NTq°Rt= ,00 NTY ATTT( Y PROVED AS T( w d ........ A It.EENE r"�ASEt. STATE OF FLORIDA ASSISTANT s OU N'I Y AllANEY DIVISION OF ESE EN Y NA E ENT BY: Br are W. Koon, . m Director DATE: 3(0 Y c"w HlA".G' *M rv"F r 1 I T' 2 m� A�mchmnemt��—Federal `~ Revision) Budget and Scope mfWork Scope of Work As o 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 10005Ovenseom Highway. Marathon, Florida 33050. The Phase 11 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 neceasary, 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 bo meet the wind and impact standards of225 mph wind loads. The |000| 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 nnot or to the maximum limit of coverage mode available with respect to the particular property, whichever is |eae, through the National Flood Insurance Program (NF|P), as authorized by 42 U.S.C. §4001 et eaq, as long as the Title Holder holds title to the property as required by42 U.S.C. §4012m. ° The Title Holder must maintain all structures on the property in accordance with the Flood Plain Management criteria set forth in Title 44of 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 n notice that includes the name of the current Title Holder (including book/page reference to record of current title, if readily available), o legal description of the property, and a dau|anmUmn that Fmdmne| Low requires Hood Insurance coverage during the life of the property. Proiect Conditions 1. The Recipient must provide a statement of assurance during project closeout, verifying that 8FHArequirements were met on the property listed above and evidence of Flood Insurance. 2 The Recipient will provide sign & oem| As-Bui|t-P|mns. Certificate of Occupancy, at 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 eooauvd|nory circumstances as described in 44 CFR Part 10.8(d)(3). Actions must comply with the requirements ofExecutive Orders (E']) 11988 3 (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. 5. 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. 6. 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 ail 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 11 Construction: 44 Months Total Period of Performance: 44...Monthsm Line Item Budget* Project Cost Federal Share Local Share Ph 11 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 11 Cost: $2,143,936.00 $1,607,952.00 $535,984.00 4 Additional Design Cost: $ 141,806.00 $ 10 ,355.00 $ 35,451.00 Sub-Total: $2,285,742.00 $1,714,307M $571,435.00 Administrative Costs: $ 0.00 32,O61-00 $ 0.00 Total: $2,285,742.00 $1,746,370.00 $571,435.00 * Any tine 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 5 435.00 (25%) Total Project Cost: $2,285,742.00 (100%) Recipient Administrative Allowance up to$32,063.00 I 5 ' \ Contract Number: 08-EC-30-11'54-01-039 MODIFICATION #7TOSUBGRANTAGREEMENT This Modification /smade 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 Q8-EC-3O~11~S4^01-Q38, dated August 27. 2OO7 ("the Agnaernemt"). WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which the Division provided a sub-grant V[$2.845,883 (of this amount $1'029,547 in state funds, $69,966 in federal funds for Phase 1, $106,355 in additional federal funds Phase I and $1.M4D,U15in federal funds for Phase ||' Constrmutimn); and WHEREAS, the state funds of$1,O29.547 must be expended onOr before June 3O` 2013, and the additional federal funds of$1,746,370 must be expended on or before June 30, 2U13; ond WHEREAS, the Division and the Recipient desire to extend the State funds tw , December 31, 2015. NOW, THEREFORE, in consideration ofthe mutual promises ofthe parties contained herein, the parties agree aafollows: 1. Paragraph 3of the Agreement io hereby amended |nto read eafollows: This agreement shall begin January 24, 2007, and shall end December 31, 2015, 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 3D, 2O13. 2. The Budget and Scope of Work, Revised Attachment A- State, to this Agreement, is hereby deleted in its entirety, and the Budget and Scope of Work, Revised Attachment � A-State, to this K8odification, which isattached hereto and incorporated herein by � nsfenanoe, are substituted in its place and stead. 8. All provisions not in conflict with this Modification remain |n full force and effect, and are toba performed ot the level specified |n 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. ` M IN WITNESS WHEREOF,the parties hereto have executed this document on the dates set out below. RECIPIENT: M ROE COUNTY NAME &TITLE: �eo e C�'• Alen eh�' M o r DATE: / 2•0 (SEAL) � . M�'NSA U CLERK STATE OF FLORIDA DIVISION OF EMERGENC MANAGE NT / BY: - _ AK Bryan Koon, Director DATE: , MONFtOE COUNTY,ATTO NE. ROV C AS TO R A��LEE.6 E W• CASSEL AS 1' TANT C0jjN TTC6 N Y _ C e -T " 2 Revised Attachment A State Budget and Scope of Work I. 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, GCpi 0.18 3 ' All components and cladding assemblies necessary ho 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 beused oM the roof cover. Rooftop equipment shall be designed and installed hm meet the wind design criteria. G. The EOC and essential ancillary structures and nen/|oo equipment shall resist penetration bywindborna debris impact. Ada minimum, all exterior enclosure components, claddings and assemblies (i.e., vva||a. roofs, |ouvern, vvindoww, doors, etc.) located within 60feet in height above finish grade shall meet the hurricane vv|ndborne debris impact criteria opecifled in the Department of Energy's (DOE) Standard, Natural Phenomena Hazards Design and Evaluation Criteria. O[)E-STO-1020-2002. That in, the building eno|mauna 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 am approved by the Division. Ao applicable, impact test procedures shall be consistent with recognized state and national standards; such as, Test Standard for Dob*nn/n/ng Impact Resistance from N&mdbonne DebnsGSTD 12, American Society nfTesting and Materials (/VSTK8) S1ondondaAGTM E 1886 and /4GTM E 1996. and Florida Building Code Testing Protocols T/VS2O1. TAG202 and TAS2O3. The impact test procedures may be modified as necessary to accommodate the noqu|oad missile weight and velocity. H. The following information related to wind loads and flooding shall be shown on the construction drawings: 1. wind design perA8CE 7wdth applicable year ofrevision; 2. design wind speed; 3. wind importance factor, /; 4. design wind exposure category; 5. wind directionality factor, Kj; 6. deeign internal pressure coefficient, G : 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 (W8VD); and comparison reference of the finished floor elevation to the base flood elevation, or historical flood elevation if base flood elevation is not determined. l. The lowest floor for the EQC and essential ancillary structures and service equipment uhm|| at 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) feed;the highest recorded flood elevation plus three (3)heot if the area is not ina mapped spac|o|f|oodhmzondarea; xvh|oheverimgrmeter. 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 o precedent 24 hour, 1D0-vemr 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 E{]Cshall be designated asathreshold building, and special structural inspections required. Special inspections nMo|| be conducted in compliance with section 553.79. Florida Statutes and other applicable statutes, laws and rules. 4 ` L. The E{JC shall at minimum be designed for 72 hours of self-contained continuous operation and shall not be solely reliant upon off-site services and utilities /a.g, water, natural gas fuel, electricity, etc.\ K0` --- Force protection-and-security measures-shall be consistent with the guidance published hl Florida's Homeland Security Comprehensive Assessment Model/RLSCAM\, 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 aa approved by the Division may beused. (]. During design endoonmtmuctimnphaseooftheEOCpnoject. theRecipientahaUtnsokamd provide construction cost data for the designated EOC area as detailed in Table SVV-2, "Cost Data for County Emergency Operations Center." |L PRODUCT ITEMS A. Per item |.N, Recipient shall prepare an initial timeline with key milestone activitiesAooke schedule, including estimated start and end dates for each activity, and an estimate of state reimbursement request for each activity. Teb|eSVV'1 may be used to meet this product item. B. Per item |.C. Recipient shall submit binding written statement that the E[)CvvU| he dedicated for a period of not less thanl 5 years for emergency management purposes, and demonstrably capable of being fully activated within one(1) hour of detection ofonemergency. 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 aho|| 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 tho Division. The construction drawings shall include site survey information, |ondsoaping, oivi|, ornhMnctuna|, structural, rnaChaMic@|. plumbing, and electrical dmsvv(nga and shall be certified by the applicable registered or licensed design profess iona|(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, wimdbnrne debris irnpoct, flood and security design requirements set forth in items |.E through |.M. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial of funds. 5 � , G. Per item }.B, Recipient shall submit a complete HMGP application, benefit-cost analysis, environmental review and such other documentation ae necessary im determine eligibility amd 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 |.E through /.J. H. Per item |.(].the Recipient shall provide final project cost data. Table GVV-2 shall be used bo meet this product item. |. The Recipient shall provide the Division with copy(s) of perfinent construction permits, the threshold inspection final report, and the certificate of occupancy upon completion of the construction project. |;U. 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 offunds. 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 |tenny Cthnomgh H in u timely manner amaccomplished. The Division shall be provided 3D 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 forwork accomplished in accordance with the Division approved cost reimbursement allocation schedule referenced in Product Item A. O. By mutually agreed upon date,the Recipient shall provide the Division with Product Item F for review and approval. Failure to supply the required dncunmentmtion, or disapproval of this documentation by the Division, shall result in denial or reduction of funds at the sole � discretion of the Division. O. By November 30, 2015, 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. 6 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 I Start Date End Date DEM Funds Other Funds Board Contract --- ............._ ApProva .,. _................ 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 Re ulatary Review Bid Document(s) Development& Award Notice to Proceed/Mobilization Construction Project Management& S ecial Ins ections Construction 25% Co_m lete Construction 50% Co m lete Construction 100° .. I® Com lete Contin enc Administrative Fees; maximum of 5% Sub-Totals TOTAL Estimated ro�ect Cost A&E-Architectural and Engineering; DEM— Division of Emergency Management; FY - Fiscal Year 7 " Table8VV-2. Cost Data for County Emergency Operations Center Water System ......_.. _..._. 2040 Rainwater Draina e D30 HVA_C 3010 Energy Supply 3020 Heating System 3030 Cooling§y§Lem 3050 Terminal & Packa a Units 3090 Other HVAC Sys, D40 Fire Protection 40�10 �S�rinkle�r Sirs _ __ 4020 Standpipe 4030 Other S s. D50 Electrical 5010 Elec. Service & Distribution _ 5020 Lighting ..... g g & Branch ' Wiring 5030 Communications & Security 5090 Other Elec. Sys. 5091 Generator Sys. 5092 UPS Sys. E. EQUIPMENT & FURNISHINGS 010 Commercial Equip. 1020 Institutional Egui . 1030 Vehicular Equip 1090 Other Equip. . ._ _,,..._. � .. _. ._........... .� 1091 Audio/Video E ui 1092 Special Telecom 1093 Information Tech. _ 1094 Geo. Info. Sys. F. SPECIAL CONSTRUCTION 1041 Generator Enclosure omm. Tower 1043 Helm....... .... . .._. ._ .___.®. . . .._. 1090 Other G. BUILDING SITEWORK 1010 Earthwork 1020 Roadway & Parkin 1030 ' Drain®age & Flood Control 1040 Security Measures 1090 Other Sitework 9 - - ~ Contract Number: 88'GC'30-11-54-01'039 MODIFICATION#6TOSUBQRANTAGREEMENT 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 D8~EC~30~11~54-01~03A, dated August 27. 2OO7(^dhoAgmemenr). WHEREAS,the Division and the Recipient have entered into the Agreement, pursuant to which the Division provided o sub-grant of$2.845.883(of this amount$1.O2Q.547in state funds, $69.960in federal funds for Phase 1, $106,355 in additional federal funds Phase I and$1,640,015 in federal funds for Phase ||. Cunotmcdwn);and WHEREAS,the state funds of$1,029,547 must be expended on or before June 30, 2013, and the additional federal funds of$1.74G.370 must he expended nnor before August 18. 2D12, and WHEREAS, the Division and the Recipient desire to modify the Agreement byamending the Budget and Scope of Work, Revised Attachment A—Federal;and WHEREAS, the Federal funds expires August 18.2O12;the Division and the Recipient desire to extend the Federal funds Lo June 30,2013 NOW,THEREFORE, in consideration of the mutual promises of the parties contained herein,the parties agree oafollows: 1. Paragraph 3uf the Agreement ia hereby amended iohz read oofollows: This agreement shall begin January 24, 2007,and shall end June 30, 2013, unless terminated earlier in accordance with the provisions of Paragraph(12)of this agreement. Z. The Budget and Scope of Work, Revised Attachment A-Federal,to this Agreement, is hereby deleted in its entirety,and the Budget and Scope of Work, Revised Attachment A-Federal,to this Modification,which is attached hereto and incorporated herein by reference,are substituted in its place and stead. The Budget and Scope of Work, Revised Attachment A-Fedeny|. contains the additional provisions that apply k/the added federal funding and period ofperformance extension. 3. All provisions not imconflict with this Modification remain in full force and effect,and are hobe 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 o/the last execution cf this Modification by both parties. 1 IN WITNESS WHEREOF, the parties hereto have executed this dournent on the dates set out below. RECIPIENT: MONROE COUNTY BY: ' . _ _ .. ._ . NAME&TITLE: Mayor David P. Rice ANWL 'L EA ltl DATE: July 18, 2012 " " � ti"��,�� I�.�� MON OE COUNTY ATTORNEY ROVED AS TO FORW STATE OF FLORIDA NATILEENE W. CASSEL E CY ANA EM�N ASSISTANT COUNTY ATTORNEY DIVISION OF EMEF�O� e�� ,. Y BY4101 . Bryan Koon, Directory DATE; 2 ~ Received on: ~ RwvismdAftcbmentA-FedermK Budget and Scope ofWork As a Hazard Mitigation Grant Program project, the Reoipkynt. Monroe County, wfil 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, wsnha. |uuvene, and exhaust fans. All construction and installations will he done in strict compliance with Florida Building Codes Specifications. All materials will be certified to moot the wind and impact standards nf225 mph wind loads. The |mca/ 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 cont or to the maximum limit ofcoverage mode available with respect to the particular property, whichever is }aeo. through the National Flood Insurance Program (NF|P)^ as authorized by42 U.S.C. §4001 a1aeq.. as long an the Title Holder holds title to the property ea required by42U.S.C. §4Oi2e. ° The Title Holder must maintain all nbnduma on the property in accordance with the flood plain management criteria set forth in Title 44 of the Coda of Federal Regulations (CFR) PadOO.3 and City/County Ordinance as long aa the Title Holder holds title to the property. ° The Tide Holder must notify subsequent purchasers that SFHAoond|Uono are attached to the property. This will be accomplished by the Title Holder ensuring that the 0ty/CountyvviU 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 ddo if readily available), m legal description of the property, and a declaration that Federal Law requires flood insurance coverage during the life of the property. The Recipient must provide a statement of assurance before project closeout verifying that SFHA requirements were met on the property listed above. This iaFEMA project 1609-153-R.funded under 18OQ-DR-FL The Period of Performance for this project ends on June 30, 2O13. Schedule of Work Construction Phase: 32yNontho Total Period of Performance: 32 7Nonths, 12 Days Line Item Budget*. Project Cost Federal Share Non-Federal Share Additional Design Costs $ 141.806 $ 106,355 $ 35^451 Construction Materials and Supplies Sub-total: $2.285.742 $1.714.307 $ 571.435 3 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. Fundina Summary 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. 4 / > ~ ' ��Cw camry clews Gu�m�;�mm��x�x� ILL m � Oomh �� Wumbec 0 �W�-��'3�- 1'�4' � 39 0F ~- MODIFICATION#5TOSUBGRANTAGREEMENT This Modification is made and entered into by and between the State cfFlorida, Divimion,of Emergency Management, ("thoOivisinn''). and Monroe County oReoip/mnt^)io modify the Division's Contract Number W8~EC-30-11~S4-0i-839. dated August 27, 20}7 (^'theAgmsemant'). WHEREAS,the Division and the Recipient have entered into the Agreement, pursuant tmwhich the Division provided o sub-grant of$3`845'883(of this amount$1'O2D.G47 in state funds, $69.066 in federal funds for Phase 1, $106,355 in additional federal funds Phase I and$1,640,015 in federal funds for Phase U,Conmtmodon); and WHEREAS,the state funds of$1^Q29,547 must ba expended onnr before June 3O,2O13. 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-Fedema/ Budget and Scope cfWork. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein,the parties agree amfollows: 1. The Budget and Scope of Work,Attachment A-Fedeno|. ho this Agreement, is hereby deleted inits entirety, and the Budget and Scope of Work, Revised Attachment A-Federal, to this Modification, which are attached hereto and incorporated herein by reference, are substituted in its place and stead. 2. All provisions not in conflict with this Modification remain in fU force and effect, and are to be performed at the level specified in the Agreement. 3. 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. IN WITNESS WHEREOF, the parties hereto have executed this document on the dates set out below. co 0 STATE OF FLORIDA pa, co BY- 7 W 04 jj � _,_� .___"_,,_~ DATE: Vy QC14, 0 1 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 Worts Construction Phase: 10 Months Total Period of Performance: 10 Months Line Item Buds3et'" 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 35,984 Sub-total: $2,285,742 $1,714,307 $a71,435 Administrative Cost: $ 0 $ 32.063 0 Total: $2,285,742 $1,746,370 $ 571,435 * amount in this Budget may be increased or decreased 10%or less without an amendment An line item 9 Y Y to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. 2 Funding Summary Federal Share: $ 1,714,307(75%) Local Share: $ 571,435(25%) Total Project Cost: $2,286,742 (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. 3 ^ ' | . } . ^ . ~ Contract Number: 08'EC-30'11'54-01'039 MODIFICATION#4TO8U0GF0\NTAGREEMENT This Modification is made and entered into by and between the State of Florida, Division of Emergency Management,(''(he Division"),and Monroe County(^the Recipient")to modify the Division's Contract Number N8-EC-3U'11'54-01'039.dated August 27.2O07(^theAgmenenr). VVMEREAS,the Division and the Recipient have entered into the Agreement, pursuant to which the Division provided a sub-grant of$1.OQg.Si3'of this amount$1.029.547 in state funds end$0g9OO in federal funds for Phase 1; and ' WHEREAS,the Division now intends b,provide additional funds to the Recipient o[$1n8355in federal funds for Phase |; and ' WHEREAS, the Division now intends tn provide additional funds bu the Recipient o[$1 §40U15in federal funds h,rPhase||' ConatruoUon;and ' ' WHEREAS,the state funds nf$1.O29.547 must be expended nnnr before June 3U 2013 and the adI�b�a]federal funds of$1.748.378 must ba expended ono,before August 18. 2O11�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, THEREFQRE, in consideration of the mutual promises of the parties contained herein the parties agree oufollows: ' I. Paragraph 17 of the Agreement is hereby amended to increase the total funding under the Agreement hm$2.845.883. 3. The Budget and Scope of Work, Attachment A,to this Agreement, is hereby deleted in its endnwty,and the Budget and Scope of Work, Rev|med'Attaobmemt A-State and Revised Attachment A,FedemaV.tothis Modification, which are attached hereto and incorporated herein hy reference,are substituted|n its place and stead, The revised Budget and Scope mfVVork AUachrnentA-Fwdmmm/,contains the additional provisions that apply to the added federal `funding. 4. Attachment Bo[this Agreement|o hereby deleted im its entirety, and the Revised Attachment B Program Statutes and Rogu/mtiono, which are m# n 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 Jof this Agreement io hereby deleted in its entirety, and the Revised Attachment J Gtote,nentof Assurances,vvh/ohare o�achedhereto and incorporated haeinbyrefeenoe o'- ` oubmUtutodin its place and stead. The Revised A�auhmontJ.Statement of Assurances, contains the additional provisions that apply to the added federal funding. O. All provisions not in conflict with this Modification remain in full force and effect,and are tobe 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 acrmathers, Chairlperson ." DATE: December Wl,ll IcCLERK ,.ry STATE OF FLORIDA n '' DIVISION OF EMERGENCY MAN" E,ME T * , BY: David Ha ad„ Director DATE. 2 Revised Attachment A State Budget and Scope of Work I. 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, I= 1.00 Exposure Category= C Directionality Factor, Kd= 1.00 Internal Pressure Coefficient, GCpi=+!-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 E0C and essential ancillary structures and service equipment shall resist penetration by windborne debris impact. Ada minimum,all exterior enclosure components, claddings and assemblies (ie..walls,roofs, |ouvwm.windowa.doocn. etc.)/ouatedwdhinOOfeetinheightobuvefinishgradeohaU meet the hurricane windborne debris impact criteria specified in the Department of Energy's (DOE) ' Standard, Natural Phenomena Hazards Design and Evaluation Criteria, 00E'STD'|O20-2OU2. 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. Aa 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 A8TyWE10B6 and 4STME13A8. and Florida Building Code Testing Protocols YAG2O1.TAS 2O2 and TAS2O3. The impact test procedures may be modified ao 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 AGCE7 with applicable year nr revision; 2. design wind speed;8.wind importance factor,/;4.design wind exposure category; 5. wind directionality factor,K,,; 6.design internal pressure coefficient, 8Cj; 7. design wind pressures|n terms uf pounds per square foot(psnVobeused 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 uo the National Geodetic Vertical Datum (N8VD);and comparison reference nfthe finished floor elevation to the base flood elevation, or historical flood elevation if base flood elevation is not determined. ' /. The lowest floor for the EOC and essential ancillary structures and service equipment shall eta 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)fthe area is not iwamapped special flood hazard area: whichever iogreater. 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 tm o24 hour,37.0 inch rainfall event applied over aprecedent 24hour, 1OV-yemr rainfall event. J. Where secondary(emergency)roof drains or scuppers are required by the Florida Building Code—'P|umb|ng. the secondary system shall bm 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 bo conducted incompliance with section 558.7g.Florida Statutes and other applicable statutes, laws and rules, L. The EOG shall at a minimum be designed for 72 hours of self-contained continuous operation and ohoU not be solely reliant upon off-site services and utilities (m.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(HILSCAM), 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 Timefine and Estimated Reimbursement Allocation Schedule"or other similar instrument oe approved by the Division may beused. 4 O. 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." If. 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 LC, 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,windbome 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 13, 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. 5 , ^ - ~ Ill. 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 tosupply the required documentation,ordisappmva|of(h|sdooumentahombyU/e Oiv|o|on, shall result in denial offunds, B. 8y September 3O.2OO7 and ad least ooa 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 hm compliance with the ocopo-of-worh. 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. D. 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 inTable SW- .ceMifioahenfocoupancy.c|ome'outdocumontobonandfino/pnyment|nvn{ca. 6 Table SW-1, Initial Timeline and Estimated Reimbursement Allocation Schedule F-.?�p Timellne and Estimated Reimbursement Allocation Schedule CountyN rnem Monroe. art Date EndDate DEM Funds Other Funds Initial Payment of 20%in first quarter A&E Firm Selection Site Survey and Soil Te,sfi ,g— Spatial Creeds Assessment Preliminary Design, - '70%Com l to _ _ �d .__ �-. Preliminary Design, 100%corn fete _ .. lie ulator Review Bid Document(s) Development& Award Notice to Proceed/Mobilization Construction Project Management& Sioecial Inspections Construction 2500 Com fete Construction 50% Com late Construction 100% Com late Co�'�OcY ...._. Administrative Fees; -� maximum of 5% t TOTAL Est imated—""' Prot Cost A&E-Architectural and Engineering; DEM-Division of Emergency Management; FY-Fiscal Year 7 Table SW-2. Cost Data for County Emergency Operations Center Table SW2. Cost Data for County Emergency Operations Center County Name: Monroe NO, System/Component Description Estimated Cost A. SUBSTRUCTURE _.. UB_mRTmm - 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-BearinWaJl B20 Exterior Enclosure 2010 Exterior Walls 2011 Veneer/Claddin 2012 Louvers 2020 Exterior Windows 2030 Exterior Doors B30 RoofiM 3010 Roof Covering_ -- -- 3020 Roof O enin s 3021 Soffits C. INTERIORS 1010 Partitions _ 1020 Interior Doors 1030 Fittin s ..__ _. 2010 Stair Construction 3010 Wall Finishes 3020 1 Floor Finishes 30"CeiRlinFinishes IES D10 Conveying! 1010 Elevators &Lifts 1020 Escalators&Walks _D20 Plurmn irr 2010 Plumbing Fixtures 2020 Domestic Water �.._ Distribution 2021 Back-up Potable Water System 2040 Rainwater Draina e D30 H VAC 3010 Ene6y Su I 3020 Heating System 3030 Cooling System 8 3050 Terminal&Package Units 3090 Other HVAC S s. _. D40 Fire Protection 4010 S rink'Ier ....... 4020 Stand i e S s. n. . 4030 Other�y D50 Electrical 5010 Elec.Service& Distribution 5020 Lighting&Branch Wirin 5030 Communications& Securit 5090 Other Elec. S. 5091 Generator S s. 5092 UPS Sys. E. I QUIPMENT&FURNISHINGS.......... 1010 Commerclal E ui . 1020 Institution - . . al E ui 1030 Vehicular Equip. 1090 Other Priiiin. _. 1091 Audio/Video 1092 S ecial Telecom ` 1093 Information Tech. 1094 Geo.in S s. F. SPECIAL CONSTRUCTION .... _ 1041 Generator Enclosure 1042 Comm.Tower 1043 Heli ad .. ..__.�_.. _�...._. 1090 Other _.-W.... G. BUILDING SITEWORK 1010 Earthwork 1020 Roadwa & Parkin 1030 Drainage&Flood Control 1040 Security Measures 1090 Other Sitework 9 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.G. 4012s. • 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 Perlod 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 S 53 g5$4 Sub-total: $2,285,742 $1,714,307 $571,435 Administrative Cost: $ 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 Funding Summary Federal Share: $ 1,714,307(75%) Local Share: 1. 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 andlor other hardening activities as a retrofit measure for the Recipient's building to reduce andlor 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 projecl, express or implied, including but not limited to, any implied warranties andlor 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- D'esign 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)(o)and 215.558. Florida Statutes ' 2. Chapter 252. Florida Statutes 3. Chapter 2#7. Florida Statutes 4. Chapter 119.Florida Statutes 5. Chapter 6OA-1.Florida Administrative Code n. Chapter VG-1g.Florida Administrative Code The parties ho this Agreement and the Hazard Mitigation Grant Program (MK8GP)are generally governed by the following statutes and regulations: (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; (2) 44CFR Parts 7. 9. 1O. 13. 14. 17. 10. 25. 2U6.220. and 221. and any other applicable FEx4A 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 inAttachment Cof this Agreement In addition to the above statues and regulations, the Recipient must comply with the following: The Recipient shall fully perform the approved h ng mitigation 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 11, 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 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 HMOP as may be required. 12 • T 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 perforated 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; (e) 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 14 I I . � / - ^ ^ Recipient,this assurance shall obligate the Recipient, min the case of any transfer of such property,any transferee, for the period during which the real property or structure ia used for a purpose for which the Federal financial assistance is extended,or for another purpose involving the provision of similar services orbenefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of187G.am amended(42U.S.C.: 0181'G1U7)which prohibits discrimination nnthe , basis of age o,with respect to otherwise quoNfimdhandicapped individuals ao provided |n Section 5O4of the Rehabilitation Act of1A73'. (3) Executive Order 1124Mae amended by Executive Orders 11375 and 12O8G. and the regulations issued pursuant thereto,which provide that no person shall bediscriminated 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 Vm insure fair treatment in employment, upgrading,domuhon, or transfer; recruitment or recruitment advertising; layoff/term!nation,rates of pay or other forms of compensation;and election for training and apprenticeship: (Q) /t will establish safeguards tuprohibit employees from using positions for o purpose that isur gives the appearance of being motivated bya 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 112'31u5. FS; (b) |t will comply with the Anti-Kickback Act of1Q8G.41 U.G.0.Section 51which outlaws and prescribes penalties for"kickbacks"of wages in federally financed or assisted construction ooUv|dea; (i) It will comply with the provisions of 18 USC 594, 598,600-605(further known as the Hatch Act) which limits the political activities nfemployees; �) |t will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of10T3as amended,42USC4OD2-41D7. 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 cf 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 SooUnn1O1-1Q.8 for general type buildings and Appendix Atu24\%FR Part 48 for residential structures. The Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (|) 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 nf1AG6(U'S.C.47U). Executive Order 11583. 24CFR Part 80O' and the Preservation of Archaeological and Historical Data Act of1O86(1O U.S.C.489e'1. a|maq.)by: (1) Consulting with the State Historic Preservation Office to identify properties listed |nor eligible for inclusion in the National Register of Historic Places that are subject tn adverse effects(see 38CFR Section 80D.8) bythe proposed activity; and 15 (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 16 i ^ - . , affect mknown historic property|m mm unanticipated manner. Recipient acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery of a previously unidentifiedproperty that may beeligible for inclusion in the National Register or upon learning that construction may , affect o known historic pnxpertyinanunanticipatedmanner. Recipient further acknowledges that FEyNA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the GHPO. Recipient also acknowledges that FEK8A 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 0u prevent it, allowed 'such u|gn|fioontadverse affect tooccur. (rn) |t will comply with Title|%of the Education Amendments mf1g72.ao amended(20U.8.C.: 18O1' 1G03 and 1605' 1685)which prohibits discrimination on the basis ofsex; (n) b will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of1A7O.<42U.&C.4521'45'g4>relating to nondiscrimination on the basis of alcohol abuse m,alcoholism; (o) |t will comply with 523 and 52Tuf the Public Health Service Act uf1812(42U.G.C. 2S0dd-3and 200 ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; (p) K will comply with Lead-Based Paint Poison Prevention Act(42U.8.C,: 4821etmnq.)which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (q) |t will comply with the Energy Policy and Conservation Act(P.L'841G3;4%U.S.C.62O1-8422). and the provisions of the state Energy Conservation Plan adopted pursuant thereto; (r) |t will comply with the Laboratory Animal Welfare Act of1SOO.7U.S.C.2131-2759. pertaining to iheomn*. hand|ing.andtneaLmontofwarmbkoadadanimolsha|dfprreneonoh. heachinQ. orcther activities supported byan award nf assistance under this agreement; (e) |t will comply with Title V||| oY the Civil Rights Act mf1QGQ.42U.S.O.2OOOc and 423GO1'301Q. aa amended,relating to non-discrimination in the sale,rental,or financing of housing, and Title V1 of the Civil Rights Act of18O4(P.L88-352).which prohibits discrimination mn the basis ofrace, color nr nation origin; (t) k will comply with the Clean Air Act nf1A55. ma amended, 42U.S.C.7401-JG42; (u) |t will comply with the Clean Water Act of1Q77. aa amended,42U.S.C. 741Q-7U20; (v) ft will comply with the Endangered Species Act oy7g73. 10U.S.C. i53i-1544; (w) |t will comply with the Intergovernmental Personnel Act of1970.42U.S.C.4728-47G3| (x) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of19BG.as amended, 1OU.S.C.270; (y) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of1QGQ.42U.S.C. 4321-4347| 17 i' (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 1968; 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. 18 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. 19 ^ � n�uOno Csnt�, ' Contract Number: 08-EC-30- 1'54-01~039 MODIFICATION#3TOSUBGRANTAGREEMENT 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 N8^EC-3041-540Y-Q39. dated August 2T.2UO7(^Uhe Agreement"). WHEREAS,the Division and the Recipient have entered into the Agreement, pursuant howhich the Division provided a sub-grant of*1.VS8.513cf this amount$1.O29.547hn state funds and $69.906in federal funds for Phase|;and WHEREAS,the Agreement expires on June 38. 2O1O;and WHEREAS,the Division and the Recipient desire to modify the Agreement by extending certain dates; and WHEREAS, both parties wish to extend the time frame for the expenditure of the state funds until June 3U. 2U13|and WHEREAS,the Division and the Recipient desire to modify the Agreement by amending the Exhibit 1;and NOW,THEREFORE, In consideration of the mutual promises of the parties contained herein,the parties agree asfollows: Y. The Agreement io hereby extended through June 30. 2U13. 2' The Exhibit hn this agreement, is herby deleted in its entirely,and the Revised Exhibit 1.which |m attached hereto and incorporated herein by reference,|s substituted in its place and stead. The Revised Exhibit 1 contains the amended federal language. 3. The Budget and Scope oY Work,Attachment A,to this Agreement, is hereby amended to included the Revised Budget and Scope of Work,Revised Attachment A-State, to this Modification,which are attached hereto and incorporated herein by reference, are substituted in its place and stead. � 4. 4Nprovisions not in conflict w�hthis K4od|8omCionremain in full force and effect, and are hobe � performed aL the level specified|n the Agreement. 5. All provisions of the Agreement being modified and any attachments thereto in conflict with this .YNoclificatjon shall be and are hereby changed to conform with this Modification,effective as of the date nf 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. RECIPIENT:; MONi CO NTY BY: NAME TITLE: DATE: ( �' STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT BY: td It Is Aalead,, &director ATE: (C) I OVEi7 AS TO FOr=,`,,,-3 C,�t it EW r d�i�"1"d' LEENE W, �EP�7TY CLLR��( p„u 15•:�I"TA T COUrd"i`! s�7 . 2 I REVISED EXHIBIT—1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE. If the resources awarded to the recipient represent more than one Federal program,provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program: Federal Emergency Management Agency, Hazard Mitigation Grant Catalog of Federal Domestic Assistance Number: 97.039 Amount of Federal Funding: $69,966 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE.,If the resources awarded to the recipient represent more than one Federal program,list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 1. 1. Recipient is to use funding to perform the following eligible activities;include mitigation projects that will result in protection of public or private property from natural hazards. Eligible projects include, but are not limited to: • Acquisition of hazard prone properties • Retrofitting of existing buildings and facilities • Elevation of flood prone structures • Infrastructure protection measures • Storm water management improvements • Minor structural flood control projects • Relocation of structures from hazard prone areas • Retrofitting of existing buildings and facilities for shelters • Vegetative management/soil stabilization • Mitigation Planning Project • Other projects that reduce future disaster losses 2. Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: NOTE: If the re ources warded to thereo` 'enl for matchi re re ent more th n o e Federal ro rovide the same inf` tion shoWn b Cow for eac Federal program and shoW t2tgl alate resources awarded for matching. SUBJECT TO SECTION 215.97 FLORIDA STATUTES: NO E: If 11he resources awarded to the reclyienj rgore2ent more than o e Stale ro bct rovide 1h@ same i'nfor atia hown bel w for each tate project gpd show tot I state Rnancial.assistance awarded lbal i subj@gJ to Se ti n 215. 7 Florida Statutes. 3 State Project State of Florida—Division of Emergency Management CSFA#52.010 $1,029.547 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: List applicable compliance requirements as follows: 1. First applicable compliance requirement(e.g., what services/purposes resources must be used for). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. NOTE.-Instead of listing the specific compliance requirements as shown above, in the example, the language may state that the recipient must comply with a specific law(s), rule(s), or regulatton(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical,may want to attach a copy of the speciffc law,rule, or regulation referred to. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 4 Revised Attachment A State Budget and Scope of Work 1. 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 Chapter9G-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, i=1.00 Exposure Category=C Directionality Factor, Kd=1.00 Internal Pressure Coefficient, GCp,=+i-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. 5 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,1;4.design wind exposure category;5,wind directlonality factor, Kd, 6.design internal pressure coefficient, GCph, 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. O. 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." 6 ' ' - - II. PRODUCT ITEMS A. Per item iN, Recipient shall prepare on initial timeline with key milestone activities/tasks schedule,including estimated start and end dates for each activity, and an estimate ofstate reimbursement request for each activity. Table SW'1 may te used tomeet this product item. B. Per Item I.C,Recipient shall submit a binding written statement that the EOC will be dedicated for a period nf not less thon15 years for emergency management purpoa*s`anddemonstnmb|ycapab|e of being fully activated within one(1)hour of detection ofenemergency. O. 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 7Opercent) preliminary design construction drawings and specifications for the E[)C and essential ancillary structures for review and comment by the Division. The construction drawings shall include site survey information, |andsuapinQ, civil, au:hi0edune|, structural, mmchank:e|, 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 bythe applicable registered orlicensed design prmfesskona|(a)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 ho supply the required docummrtedion,or disapproval of this documentation by the Division,shall result in denial uffunds. Q. Per item 1.13,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 oy constructing the facility tmmeet current building d wind and flood design requirements, and the cost premium ofnonmtmuc§nQthe facility to the above-code wind and flood requirements set forth in items LE through I.J. H. Per item iO.the Recipient shall provide final project cost data. Table SW-2 shall be used bo 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. 7 III. SCHEDULE OF WORK A. By,tune 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 15,2012,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. 8 Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule County Name:Monroe hROJECT PHASE Start Date End Date _ DEM Funds Other Funds Board Contract —Approval Initial Payment of 20% in first uarter A&E Firm Selection Site Survey and Soil - Testina Spatial Needs �. Assessment Preliminary Design, 70%com Ip ate � Y Preliminary Design, 100%complete RegulatoOReview Bid Document(s) Development& Award Notice to Proceed/Mobilization Construction Project Management& Special Ins actions Construction 25% ®Complete _ Construction 50% Complete .__.._ Construction 100% Comeplete Contingency Administrative Fees; maximum of 5% Sub-Totals TOTAL Estimated - - - Pro ect Cost A&E-Architectural and Engineering; DEM—Division of Emergency Management;FY-Fiscal Year 9 Table SW-2. Cost Data for County Emergency Operations Center u. .. ...... _.... .. ............� _,.W ...._... Table SW-2. Cost Data for County Emergency Operations Center County Name: Monroe NO. FFoundatlon /Component Description Estimated Cost A. UCTURE 1010 .- - -___w_ �__.0 1020Grade � .. _; 2010 Excavation 2020 Basement Walls 2030 Elevated Foundation B.__ _ SHELL ENVELOPE B10 Su erstructure 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—, ......... _ _ or Windows 2030 Exterior Doors .v _. .._.... B30 Roofin .. ....... _w 3010 Roof Coverings _ 3020 Roof O e in s 3021 Soffits . C, INTERIORS 43020F[oor itions rior Doors ngsr Construction Finishes Finishes 3030 Celinq Finishes . . D. SERVICES 010 Conveying rs E eve 1020 Escalators&LWalks ft D20 Plumbs 2010 Plumbin Fixtures 2020 Domestic Water �� �I Distribution 2021 Back-up Potable Water System 2040 Rainwater Drain= e D30 1-iVAC ..�._ .�......_ .�_........� 3010 Ener SUPPIY:___::I�� _ .. 3020 Heating__ stem 3030 Cooling 10 w 3050 Terminal&Package Units - her HVAC S� _. _� _.._... ..... 040 Fire Protection -4010 Sprinkler S -_ _......�..� _ �... .. s. 4020 Standpipe Sy_s 4030 Other S s. D50 Electrical 5010 Elec. Service& Distribution 5020 Lighting &Branch _._. A rin9.._.m.._._ �.... _ W- 5030 Communications& Security _m ..... _ 5090 mm Other Elec.Sys. 5091 Generator Sys. 5092 UPS Sys. E. EQUIPMENT&FURNISHINGS 1010 Commercial E u , 1020 Institutional Equip_ N__ „_� 1030 Vehicular Equip. 1090 Other Equip. ... 1091 Audlo/Video 1092 Special Telecom 1093 Information Tech. 1094 Geo. Info. Sys. w_ F. SPECIAL CONSTRUCTION 1041 Generator Enclosure 1042 .... Comm.Tower 1043 Heli ad 1090 Other �... _.w _ ...... .....�. ......._m. ..... G. BUILDING SITEWORK 1010 Earthwork 1020 _ -Roadway&Parking 1030 Drainage&Flood Control 1040 Security Measures 1090 Other Sitework 11 t i ^ ' {�lmm�a� v^«�° �� . . , .� ° ComtuctNmmber 08'EC-30't1-54-011'033 MODIFICATION#2TO STATE-FUNDED SUBGRANTM8REEK1ENl ThiaModiOoaUonismadeundentared |ntobymndbn0weentheStbsofRmridm.D|vimkzn of Emergency Management, ("the Division"), and Monroe County("the Recipient')to modify the _ Division's Contract Number 00-EC-n0-11-54O1-03S.dated August 27. 2007(^MheAQmaoment'). WHEREAS, the Division and the Recipient have entered into the Agreement,pursuant to which the Division has provided a sub grant mf$1.0QQ.513mf this grant$1.U28.547.U0 in state funds and$08.8O6.ODin federal funds to Recipient;and WHEREAS,the Agreement will expire on June 3U.2DOR; and WHEREAS, the Division and the Recipient desire to modify the Agreement by extending the term through June 3O. 201O and to modify Agreement byamending the federal Budget and Scope of Work as set forth in the amended Revised Attachment A-Fedieral. 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: I. The Agreement is hereby extended through June 30. 2O1O. 2. The Revised Budget and Scope of Work,Attachment A Federal,ao contained in yNodifimmAonnumber 2 dated February 27.2O0O' im hereby amended by the second Revised Budget andS of Work,Attachment A,Fodenal.ho this Modification,which are attached hereto and incorporated herein byreference. The Revised Budget and Scope of Work,Attachment A-Federal, contains the additional provisions that apply only tn the added federal funding. ' 3. Attachment A+FedemL the Recipient understands that Phase|is approved with the condition that no construction can begin until the results of the deliverables are reviewed, and Phase/|activities are approved. Failure to comply with this condition could result|n the loss of all funding for this project. 4. Final requests for reimbursement ofstate fund 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 byfacsimile transmission. 5' However,availability of state funds after Jgnq 30, 2009,Is contiggent upgn iegisIglive appropriation beyond June 30,2009. 6. By May 15. 2O10.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. 7. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall bw and are hereby changed to conformwith this Modification, effective as of the date of the last execution of this Modification by both parties. I a. All provisions not in conflict with this Modification remain in full force and effect, and are to be preformed at the level specified in the Agreement. IN WITNESS WHEREOF,the parties hereto have executed this document as of the dates set out herein. RECIPI MONROE COUN Y BY: -G�t NAME &TITLE. Ica f...0 Q ' DATE:_.__. t STATE OF LORIDA DIVISION F EMERGEN MANAGEMENT BY:__ Rub n D. Imaguer„Interim Director for the _ slon µof Emergency Management WmmW DATE: ,AONR,OE COUNTY A TORNEY PROVED Air T FOR I.f� ILEA W A',�SE ASSiSTAN OWAT ToRNEY -Al Date. .._ 7TF t r Pdit"I.15 ttt Lo AiPl;ll'Y G�,GR� 2 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 $ 2691.00 $ 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 3 I The materials and work funded pursuant to this Subgrant Agreement ore 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 ether- 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. 4 I Contract Number: 08-EC-30-11-54-01-039 MODIFICATION#1 TO STATE-FUNDED 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 has provided a subgrant of$1,029,547.00 in state funds to Recipient;and WHEREAS,the Division now intends to provide additional funds to the Recipient of $69,966.00 in federal funds; and WHEREAS,the state funds of$1,029,547.00 must be expended on or before June 30, 2009, and the federal funds of$69,966.00 must be expended on or before May 8, 2009;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$1,099,513.00. 2. The Budget and Scope of Work,Attachment A, to this Agreement, is hereby deleted in its entirety, and the Revised 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 additlonal provisions that apply 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. Attachment E, Federal Audit Requirements, is attached hereto and incorporated herein by reference.Attachment E is required for compliance with federal standards. 5, Attachment F,Federal Recordkeeping, is attached hereto and incorporated herein by reference. Attachment F is required for compliance with federal standards. 6. Attachment G,Federal Standard Conditions,is attached hereto and incorporated herein by reference. Attachment G is required for compllance with federal standards. 7. Attachment H, Federal Lobbying Prohibition, is attached hereto and incorporated herein by reference. Attachment H is required for compliance with federal standards. 8. Attachment 1, Federal Certification Regarding Debarment,Suspension, ineligibility and Voluntary Exclusion, is attached hereto and incorporated herein by reference. Attachment I is required for compliance with federal standards. 1 W 9. Attachment J, Federal Statement of Assurances, is attached hereto and incorporated herein by reference. Attachment J is required for compliance with federal standards. 10. 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. 11. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform writh this Modification, effective as of the date of the last execution of this Modification by bath parties. IN WITNESS WHEREOF he parties hereto have executed this document as of the dates set out herein„ RECIPIENT: MONRO 0 Ty BY: NAME&TITLE: Ma art "Sonny"McCoy .m DATE: January 16 2008 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT BY: .= _ ._ W.Cra1g Fugate, Direc or DATE:,.�.. Z ® oC= ors ]s -A n• rV _ r)�• U7 en MONK IE COUNTYATTORNEY F'p O S TO FORM: HRI N tut,LWdE T-8ARR0 6 ABt�tB NT COUNTY ATTORNEY Date .�� " .. .. . .. 2 Revised Attachment A State Budget and SCOPO of Work 1. SCOPE OF WORK A. The Recipient shall construct a County Emergency Operations Center(EOC). Use of grant funds shall be consistent with Section f(l),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,), a 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 n program, under said grant C. The Recipient shelf state in writing that for a period of not,less than 16 years from the n one 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 with hour of detection of an emergoncy;reference;Rule Chapter 9G I-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 92 persons Per shift and a workspace floor area Of UN 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 toads 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, I=I,00 Exposure Category=C. Directionality Factor. Kd= J.00 Internal Pressure Coefficient, GC,, 0.18 AN components and cladding assemblies necessary to maintain a structurally enclosed condition and prevent rainwater intrusion shall be designed!to meet the wind Design c I a losed Metal decking and cladding materials shall be 22 gauge or thicker I, criteria. Structural 40of cover waterproofing barriers shall meet the wind design criteria. Loose roof ballast shalbnot be used on the roof cover. Rooftop equipment shall be designed and installed to meet the wind design criteria. 3 C. 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,EvaI aCiarr Crrterle,l3CE- STD-1'020-2002. That is, the building enclosure must resist penetration by a nominal t r lumber plants 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 t�t+lndborn Debris SSTD 12,American Society of Testing and Material's(A,S'TM),Standards ASTWd n 1,o and ASTM E 1995,and Florida Building Code Testing Protocols TAS 201,TAS 202 and TAS 86 203. The impact test procedures may be modified as necessary to accommodate the required missile weight and velocity.. R, 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, 1,4. design wind exposure category;5.wind directionality,factor, Kf,6.design Internal pressure coefficient, t31:i, 7.design wind pressures in terms of pounds per square foot(psi)to be used for the design of exterior component and cladding materials not specifically designed by the principal licensed design professional;5.windborne debris Impact performance criteria;9.finish floor elevation measured relative to the National Geodetic Vertical Datum (ltlt3VD),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 Et' C acid 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)fee;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 to a mapped special flood hazard area,whichever Is greater. The site(point maximum,one square mile)hydrologic design shall ensure that the EEC 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-yeah rainfall event, J. Where secondary(emergency)roof drains or scuppers are required by the Florida Building Cade---Plumbing, the secondary system shall be sized for a rainfall rate of eleven(11.0) inches per hour. K. The Et3C 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 Assassment Model'(lit SCAM), United guide(s)as approved by the Division. States Air Force Installation Force Protection Guide,or other federal or state recognized best-practices N. The Recipient shall provide an initial timeline and estimated reimbursement allocation schedule. Table SW-1, "Initial Timeline and Estimated Reimbursenient Allocation Schedule"or other similar instrument as approved by the Division may be used, 4 O. 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 activitiesltasks schedule, including estimated start and end dates for each activity, and an estimate of state reimbursement request for each activity. Table SWa1 may be used to meet this product item. B. Per item LC,recipient shall submit a binding written statement that the EOC will be dedicated for a period of not less thanl5 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 7o 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 EPIC 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,. P. Tile construction drawings shall demonstrate that the EOC will meet the hurricane hazard safety criteria of ARC 449,6,and the wind load,windborne debris Impact,flood and security design requirements set Forth In items I.E through IN. Failure to supply the required! documentation,or disapproval of this documentation by the Division, shall result In denial of funds„ G. Per Item l.13, Recipient shall submit a complete l•tfvtt,P 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 I.E through i.,f. 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 uOon completion of the construction project. 5 X By June 30, 2007, the Recipient shall provide the Division with Product Items A and a for review and approval, Failure to supply the requlreddocumentation, 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 timellne,and submit It C through H in a timely manner as accomplished, The Division shall be provided Product Items s d 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 Itern,A. C, By a mutually agreed upon date, the Recipient shall provide the Division with Product Item F for review and approval. Failure to SuPPIY 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 15,2009, the Recipient shall provide final Project cost estimate data as set forth -out documentation and final payment invoice. in Table SW-2, certificate of occupancy,close st a rth a � Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule Table SW-1. Initial Timellne and Estimated Reimbursement Allocation Schedule — County Name: M nro PROJECT PHASE Start Date End late OEM Funds Dther Funds Board Contract A rovaP j Initial Payment of 0%In first quarter Al1aE Firm S-election Site Survey and Soil Testin Spatial Teed _ Assessment F`reliminary Design, , 7Q0 corn fete 1Preilminary Des l, n, _..� ..w. 1 tigN 222P t Re ulato Review Bid Document(s Development S Award Notice to Proceed/Mobilization Construction Management&s Project S eclat Ins actions Construction 5% Corn fete Construction 5ti 'a _ Com lete Construction fid Com fete Conti n enc Administrative Fees; maximur of 5% Su- otal - TOTAL Estimated _ _ ,1 09 51 Pro ect Cost ASE-Architectural and Enginee M—Division Year of l mergency Ivlanacement, FY fiscal 7 C Table SW-2, Cost Data for County Emergency Operations Center Table SW . Cost Data for County Emergency Operations Center County Name: M n os NO. System/Com"orient ascription P Estimated X SUBSTRUCTUF2 ..._ Cost 1010 Foundation ..... 0 Slag-on-Orade 2010 Excavation w 2020 Basement Walls 21130 Elevated Foundation -S. aFIELt, EN I=LOPE B101 Su erstructure � 1010 Floor Construction 1020 Roof Construction 1030 Structural Frame 10*401 Load-Bearlinall B20 Exterior Enclosure 01,10 Exterior Walls 2011 Veneer/Claddlr 2012 Louvers 2020 Exterior Windows; - 2030 Exterior Doors 830 Boofun ..... 3010 Roof Coverin s — 3020 ftooaF O enin s 3021 Soffits C. INTERIORS 1010 Partitions 1020 lnterior Doors 1030 Elton 2010 Stair Construction 3010 Wall Finishes 3020 Floor Finishes 30 Ceilln Finishe D, SERVICES �-�- D10 Conve In 1010 Elevators&Lifts 1020 Escalators&Walks D 0 Plumbin u .. 2010 Pit mbin f=ixture �-- 2020 Domestic Water Distribution 2021 Back-up Potable Water S stem 2040 Rainwater Draina e 030 ft Vr C 3010 Ener Su I 3020 Heatin S stem 3030 Coolin S stem 8 3050 Terminal&Package Units 3090 m Other HVAC S 0 0 Fire Protection 4010 S rinklar Sys. 4020 Stand i e Sys, 4030 Uther Sys, D50 Electrical 5010 Elec.Service& Distribution 5020 Lighting&t3ranch - Wirfn 5030 Communications& �" ecuri't 5090 ether Elea.Svs, 5091 Generator y�. 5092' UPS Sys. -° E. EQUIPUMUT'&'EC�V0ht1 a ING 1010 Dornmerciat Ff7p iin � 1020 Institutional E ui „ 1030 Vehicular E ui 1090 Other E ui 1091Audio/Video,E ui 1092 S ecial Telorn 1093 Information Tech._. 1094 Geo. Info.r e. E. SPECIAL DDNETFUCT1C11 ' 1041 Generator Enclosure 1104 Comm,""Tower 1043 Hali ad 1090 Other G. BUILDIKID 1T9MnA1Q`K 1010 Earthwork " 1020 t oaadwa &Parkin 1030 Drainage&Flood _— Control 1040 9ecurl Measures 1090 tither itework w.... 9 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-trade Specifications. Phase I will Provide funding for completion of design,surveying and permitting for this proposal. In order for Phase Il to be considered for funding, Phase I dellverables mush 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 FBMA before Phase III Is considered, No construction work may begin until Phase it deliverables are reviewed and approved by F MA, 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 May 8,2009. c . . r State Contracting`: 3 Months Request for AlF Proposal 8 Review: 3 Months Bidding of Design, 3 Months F rl i ai ra l0 6Months Total Period of Performance: 15 Months Line Item Budget* Project..Cost Federal Share Local Share Survey, Engineering Design, Environmental Permitting: 8 43j 67275.00 $ 22.425.00 d_Mjtatal': $ 69,700.00 $ 67,275.00 $ 22,425.00 Total: trative Cost 691. 0 $ 0.00 Total: $ 69,700.00 $ 69,966.00 $ 22,425.00 Any 11he item amount in this Budget may be increased or decreased f0'9 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, Fundlng Summary Federal Share: $67,275.00 (75%) Local Share: VZA2§: (25%) Total Project Cost: $89,700,00 (160%) Recipient Administrative Allowance up to$2.691.00 1'he materials and work funded pursuant to this Subgrant Agreer�ent are Intended to decrease the vulnerability of the building to propey losses and are specific8fly not intended to provide for the safely ofinhabitants before,during or after a natural man madel 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 10 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, expross 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 T`EMA 9-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 dire 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 agre+ad 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 i Attachment E Federal Audit Requirements If the Recipient Is a State or local government or a non-profit organization as defined In OMB Circular A-133,as revised,and in the event that the Recipient expends$500,000 or more In Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted In accordance with the provisions of OMB Circular A-1 33,as revised. EXHIBIT 1 to this Agreement Indicates Federal resources awarded through the Division by this Agreement, in determining the Federal awards expended in its fiscal year,the Recipient shall consider,all sources of Federal awards..The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133,as revised, An audit'of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised„will meet the requirements Of this paragraph. In connection with the audit requirements addressed In this Paragraph 6(d)above,the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C Of OMB Circular A-133, as revised. If the Recipient expends less than$500,000 In Federal awards In its fiscal year, an audit conducted In accordance with the provisions of OMB Circular A-133,as revised, Is riot regarired. In the event that the Recipient expends less than 500,000 In Federal'awards in its fiscal year and elects to have an audit conducted In accordance with the prcnrisions of OMB Circular A-133, as revised„ the cost of the audit must be paid from non-Federal rfsources(i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). Copies of reporting packages for audits conducted in accordance with OMB Circutar A- 133, as revised,and required by subparagraph(d)above shall be submitted, when required by Section.320(d), OMB Circular A-133, as revised,by or on behalf of the Recipient re to eaoh of the following: y Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 323W2100 (an electronic copy shall also be submitted to auralia.parrish@dca.state.fl.us] and Division of Emergency Management Bureau of Policy and Financial Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated In OMB Circular A-133,as revised(the number of copies required by Sections,320(d)(1)and(2), OMB Circular A-133,as revised, should be submitted to the Federal Audit Clearinghouse),at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 101h Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections.320 (a)and(f), OMB Circular A-133, as revised. 12 Pursuant to Section.320(f)# OMB Circular A-I 33,as revised,the Recipient-shall submit a COPY Of the reporting Package described in Section.320(c), OMS Circular A-I 33,as revised,and any management letter issued by the auditor, to the following addresses: Department Of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [an electronic copy shall also be submitted to aurilia.parrish@dca-state.fl.us] and Division of Emergency Management Bureau of Policy and Financial Management 2556 Shumard Oak Boulevard Tallahassee,Florida 32399-2160 13 � n Attachment F Federal Recordkeeping As applicable, Recipient's performance under this Agreement shall be subject to the federal Common Rule,. Uniform Administrative Requirements For State and local Governments,*(53 Federal'register 8034)or OMB Circular No.A-t 14""Grants and Agreements with Institutions of Higher Education, Hospitals and tither Nonprofit Organizations" rgani ations"and either COMB Circular No.A- 87,"Cost Principles for State and local Governments,"OMB Circular No. - "1',""Cost Principles For Educational Institutions,"or OMB Circular No.A-122, "Cost Principles for Nonprofit Organizations." IF this Agreement is made with a commercial(for-profit)organization on a cost- reimbursement basis the Recipient shall be subject to Federal Acclulsition Regulations 31.2 and g31. . 14 u Attachment G Federal Standard Condltions With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies,to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible,or voluntarily excluded from covered transactions by a federal department or agency; 2. have not,within a five-year period preceding this proposal been convicted of or had'a civil judgment rendered against them for commission of fraud or a criminal offense In connection with obtaining,attempting to obtain„or performing a public(federal,state or local)transaction or contract under public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft, forgery, bribe%falsification or destruction of records,making false statements,or receiving stolen property; . are not presently indicted or otherwise criminally or civilly charged by a governmental entity(federal,state or local)with commission df any offenses enumerated in paragraph 20(h)2,of this certification;and 4. have not within a five-year period preceding this Agreement had one or more public transactions(federal,state or local)terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification,such Recipient shall attach an explanation to this Agreement. In addition,the Recipient shall submit to the Division(by email or by facsimile transmission)the completed"Certification Regarding tebarment,Suspension, Ineligibility And Voluntary Exclusion"(Attachment )for each prospective.subcontractor which Recipient Intends to fund under this Agreement.. Such form must be received by He Division prior to the Recipient entering into a contract with any prospective subcontractor. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the.Legislature and subject to any modification in accordance with Chapter 216, FlaiStat or the Florida Constitution. Unless inconsistent with the public Interest or unreasonable in cost, all unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. I Oa. 15 a Attachment H Federal Lobbying Prohibition The Recipient certifies, by its signature to this Agreement,that to the best of his or her knowledge and belief: 1, No Federal appropriated fiends have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency,a.Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the snaking of any Federal grant:,the making of any Federal loan,the entering into of any cooperative agreement,. and the extension,continuation, renewal,amendment or modification of any Federal contract, grant, loan or cooperative agreement. . If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer oir employee of any agency,a Member of Congress„ an officer or employee of Congress,.or an employee of a Member of Congress in connection with this Federal contract,grant, loan or.cooperative agreement, the undersigned shall complete and submit Standard Form-LLL„ "Ditclosure Forml to Report Lobbying,"In accordance with its instructions.. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts, subgrants, and contracts under grants, loans,and cooperative agreements)and that all subreciplents shall certify and disclose accordingly. This certification Is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by' ection 13 5 , Title,31„ US Cie, y parson who fails to fife the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 16 Attachment I Federal Certification Regard n Artd 1folun afon, pneMtgbiNlty.. Debarment Sus n airoluefon Contractor Covered Transactions (1) The prospective contractor of the Recipient„ certifies, by submission of this document, that neither it nor its principals Is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form, CONTRACTOR: y: Signature Recipient's Name Name and Title Division Contract Numberm- Street Address City, State.Zip Date 17 I Attachment J Federal Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, Policies,guidelines and requirements, including OMB Circulars No.A-21,A-110,A-122,A-128, A- 87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,Common rule,that govern the application,acceptance and use of Federal funds for this federally-assisted project.Also the Applicant assures and certifies that: 11.It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.l..91-646)which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a Stale or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal,grants.(5 USC 1501,et seq.) 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for privdte gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,access to and the right to examine all records,books, papers,or documents related to the grant. 6. It will comply with all requirements Imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's(EPA) list of Violating Facilities and that it will notlfy the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA, 8. It will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973,Public Law 93-234, 87 StaL 975, approved December 31, 1976, Section 102(a)requires,on and alter March 2, 1975, 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 that has been identified by the Secretary of the Department of Mousing and Urban Development as an 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. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended('16 USC 470), Ex cutive Order 11593,and the Archeological and Historical Preservation Act of 1966(18 USC 59a-1 et seq.)by(a)consulting with the State Historic Preservation Officer on the conduct of lnvetigations, as necessary,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 Part 800.8)by the activity,and notifying the Federal grantor agency of the existence of any such properties and by(b)complying with all requirements 18 established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. it will comply, and assure the compliance of all its subgrantees and contractors,with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968,as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1;and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to gatants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information;Part 23, Criminal Intelligence Systems Operating Policies;Part 30, Intergovernmental Review of Department of Justice Programs and Activities;Part 42, NondiscriminatlonlEqual Employment Opportunity Policies and Procedures„Part 61, Procedures for Implementing the National Environmental Policy Act;Part 63, FI'oodplain Management anq Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. it will comply,and all its contractors will comply, with the nain•discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968,as as ended, 42 LISC 3789(d),or Victims of Crime Act(as appropriate);.Title V! of the Civil Rlgh4 Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973,as amended;Subtitle A,Title!I of the Americans with Disabilities Act(ADA)(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975;Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E,and G;and Department of Justice regulations on disability discrimination,28 CFR Part 35 and Part 39, 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race,color,religion, national origin,sex,or disability against a recipient of funds,the recipient will forward a copy of the finding to the Office for Civil Rights,Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if'required to maintain one,where the application is for$500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act(P.L.97-348)dated October 19, 1982(16 USG 3501 et seq.)which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 18_DRUG-FREE WORKPLACE(GRANTEES OTHER THAN INDIVIDUALS)As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 19 1 +ems -45G-fit+ i �y Vi C:y�i Contract Number: STATE-FUNDED SUBGRANT AGREEMENT THiS AGREEMENT is entered into by and between the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the"Division"), and Monroe County, (hereinafter referred to as the "Recipient"). THiS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein;and B. WHEREAS,the Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Division has authority to disburse the funds under this Agreement pursuant to State Fiscal Year 2006—2007, Chapter 2006-71, Laws of Florida, Section b. The purpose of this act implements provisions relating to county emergency operations centers and designated alternate state emergency operations centers. NOW,THEREFORE,the Division and the Recipient do mutually agree as follows: (1) SCOPE OF W RK, The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work,Attachment A of this Agreement. (2) If+l P RATI F IAW' R LE E LATI AND LI I Both the Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those Identified in Attachment B. (3) PERIOD OF AGREEMENT, This Agreement shall begin January 24, 2007, and shall end June 30, 2009, unless terminated earlier in accordance with the provisions of Paragraph (12)of this Agreement. (4) MQQIF1('AT1nN or: 1-MMMAt-r Either party may request Modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) HECQBQKEEpING (a) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of live years from the date the audit report is Issued, and shall allow the Division or its designee, the Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Division or its designee, the Chief Financial Officer,or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department,with the following exceptions: I- If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation,claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at$5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (b) The Recipient shall maintain all records,for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs,in a form sufficient to determine Compliance with the requirements and objectives of the Budget and Scope of Work -Attachment A -and all other applicable laws and regulations. (c) The Recipient, its employees or agents, Including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable"shall be construed according to the circumstances but ordinarily shall mean during normal business hours Of 8:00 a.m. to 5:0o p.m., local time,on Monday through Friday, "Agents" shall include, but not be limited to, auditors retained by the Division, (6) ©iT REQUIREMENTS (a) The Recipient agrees to maintain financial Procedures and support documents, in accordance with generally accepted accounting principles,to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Division. "Reasonable"shall be construed according to circumstances, but ordinarily shall mean normal business hours of&00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Division with the records, reports or financial statements upon request for the Purposes of auditing and monitoring the funds awarded under this Agreement. (d) It the Recipient is a nonstate entity as defined by Section 215.97, Fla. at., it shall Comply with the following: In the event that the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient,the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,Ell Stat.;applicable rules of the Executive Office of the Governor and the Chief Financial Officer;and Chapters 10.550(local government entities)or 10.650(nonprofit and for-,profit organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates State financial assistance awarded through the Division by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from the Division,other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate Oritity for Federal program matching requirements. In connection with the audit requirements addressed in this Paragraph 16(d)above, the Recipient shall ensure that the audit Complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d),Etg�. at. and Chapters 10.550(local governmental entities)or 10.650 (nonprofit and for-profit organizations). Rules of the Auditor General. If the Recipient expends less than$500,000 in State financial assistance in its fiscal year,an audit conducted in accordance with the Provisions of Section 215.97,fig. _tat, is not required. In the event that the Recipient expends less than$500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the 3 provisions of Section 215.97, Fla, $Ia . the cost of the audit must be paid from the inoinstate entity's resources (i,e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). Additional information on the Florida Single Audit Act may be found at the following website: htfjp: 'Www,s�ICIILUS LfSaa's�IalUNIS�,htmIl. (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient direr to each of the following: The Division of Community Affairs at each of the following addresses: Division of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [an electronic copy shall also be submitted to eurilla-parrlsh@dca.stale.fl.usj and Division of Emergency Management Bureau of Policy and Budget 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building I I I West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Division or the Department of Community Affairs pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-I'33, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients,, when submitting financial reporting packages to the Division or the Department of Community Affairs for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental 4 entities)or 10.6,50(nonprofit and tor-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (f) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement,the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty(30) days after the Division has notified the Recipient of such non-compliance. (g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Sta. by an ,independent certified public accountant(IPA)who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Sta . The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Division no later than nine(9)months from the end of the Recipient's fiscal year. (7) REMIM (a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to such other information as requested by the Division. (b) Quarterly reports are due to be received by the Division no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31,June 30, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above,are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action asset forth in Paragraph (l 1) REMEDIES. "Acceptable to the Division"means that the work product was completed in accordance with the Budget and Scope of Work, 5 (e) The Recipient shall provide such additional program updates or information as may be required by the Division. (8) MQN�QRING. The Recipient shall monitor its performance under this Agreement,as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement, and reported in the quarterly report. In addif ion to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97,E!@�. at. (see Paragraph(6)AUDIT REQUIREMENTS, above), monitoring procedures may include, but not be limited to,on-site visits by Division staff,limited scope audits as defined by OMB Circular A-1 33,as revised, and/or other procedures. By entering into this Agreement,the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to Comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate With any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor General. In addition,the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILIT . (a) Unless Recipient is a State agency or subdivision,as defined in Section 768.28, Fla.$tat., the I Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement,and shall hold the Division harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768,28, Fla. Stal., agrees to be fully responsible to the extent provided by Section 768.28 Efg. Stat.for its negligent acts or omissions or tortious acts which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by said 6 acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. It any of the following events occur('*Events of Default"), all obligations on the part of the Division to make any further Payment of funds hereunder shall, if the Division so elects,terminate and the Division may,at its option, exercise any of its remedies set forth in Paragraph (11), but the Division may make any payments or parts Of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without ,becoming liable to make any further Payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Division shall at any time be false or misleading in any respect,or if the Recipient shall fail to keep,observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Division and has not cured such in timely fashion,or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient falls to cure said material adverse change within thirty(30) days from the time the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with Incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. 0 1) ]BEMED1Q. Upon the happening of an Event of Default, then the Division may, at its option, upon thirty(30)calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty(30) day period, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty(30)days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in Paragraph (13)herein; 7 (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement,, (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the exten of non-compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken it the situation i., not corrected, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Division any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program; (f) Exercise any other rights or remedies which may be otherwise available under law" (g) The pursuit of any one of this above remedies shall not preclude the Division from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Division of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Division hereunder, or affect the subsequent exercise of the same right or remedy by the Division for any further or subsequent default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause upon thirty(30)days written notice. Cause shall include, but not be limited to,misuse of funds;fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner;and refusal by the Recipient to permit public access to any document,paper, letter, or other material subject to disclosure under Chapter 119,Fla. Stat., as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by Providing the Recipient with thirty(30)calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date Of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved Of liability to the Division by virtue of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold any payments to the Recipient for purpose Of set-off until such time as the exact amount of damages due the Division from the Recipient is determined. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative'ldentitied below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Jenene Helms Division of Emergency Management Bureau of Policy and budget 2555 Shumard Oak Boulevard Tallahassee, FL 32399.2100 Telephone- 850-413-9920 Fax:850-488-7842 Email:Lenene-helms-0em-myWrida,corn (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Dave Koppel, Engineer Monroe County 110 S(monton Street Key West, Florida 33040 Telephone, 305-292-4426 Fax: 305-295-4321 Email.- Koppe1-DavP(a1mnnrnann__+_ p (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a)above. 9 (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval prior to execution of the subcontract by the Recipient. The Recipient agrees to include in the subcontract that(i)the subcontractor is bound by the terms of this Agreement, (0)the subcontractor is bound by all applicable state and federal laws and regulations,and(iii)the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required bylaw. Each subcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the Recipient. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor,as defined in Section 288,703,El tat. (15) TERMS AND CQNDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. 0 6) AHAQL[MENTa (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit I - Funding Sources Attachment A—Budget and Scope of Work Attachment B—Program Statutes and Regulations Attachment C—Justification of Advance Attachment D—Warranties and Representations (17) FUNDIN2/C©NSIDERATIQN (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed$1,029,547 subject to the availability of funds. 10 (b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla. Slat.,-and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b)of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment C. Attachment C will specify the amount of advance Payment needed and provide an explanation of the necessity for and proposed use of these funds. I- -No advance payment is requested. 2. _ - An advance payment of$_is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature,the Office of the Chief Financial Officer or the Office of Management and Budgeting, all obligations on the part of the Division to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty(30)days of receipt of notice from the Department. (18) ,f3EPAYMENTS All refunds or repayments to be made to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department Of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-21oo In accordance with Section 215.34(2), Fla. Stal., if a check or other draft is returned to the Division for collection, Recipient shall pay to the Division an additional service fee of Fifteen Dollars($15.00) or Five Percent(5%)of the face amount of the returned check or draft, whichever is greater. (19) YKUQQB_FAYMgNTS. Pursuant to Section 215.422,Ek Sta ,, the Division shall issue payments to vendors within 40 days after L receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Division paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850)413-5516. (20) -STAN)ARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission of response to Division request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations,and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall,at the option of the Division and with thirty(30)days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising Out of this Agreement shall fie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or Is otherwise unenforceable,then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval,or disapproval granted to the Division under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts,any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-336,42 U.S.C. Section 12101 et seg.). if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment,public accommodations, transportation, State and local government services, and in telecommunications. M A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, 12 or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminato vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the ,construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (h) The State of Florida's Performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, E!L--atat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 0) H otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061,E!&. Sig. (k) The Division of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. at., and made or received by the Recipient in conjunction with this Agreement. (1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Department's obligation to pay the contract amount. (m)The State of Florida will not intentionally award Publicly-funded contracts to any contractor who ,knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality.Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA, Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department- 13 (n) The Recipient is subject to Florida's Government in the Sunshine Law(Section 286.011, Fla. Stat, with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Fla. to L (21) STATE LOBBYING PRC)1-I181TION. No funds or other resources received from the Division in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (22) -COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER On IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright,the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Division for a determination whether patent protection will be sought In the name of the State of Florida. Any and all patent rights accruing under or In connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films,or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the Performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty(30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. 14 (23) PROPERTY MANAGEMENT. (a)Title to equipment acquired by a Recipient with State funds shall vest in the Recipient, subject to conditions of this section. The Recipient must continue the operation, maintenance, repair and administration of any equipment or other personal property purchased under this Agreement in accordance with the purposes for which the funds were originally appropriated and for the period of time expressly specified in the Agreement or, failing to do so, the Recipient must return to the Division the subgrant funds used to purchase the properly, (b) The Recipient shall not use equipment acquired with State funds to provide services to non-State outside organizations for a fee that is less than private companies charge for equivalent services, unless specifically authorized by Florida statute,for as long as the State retains an interest in the equipment, (c)The Recipient shall use the equipment in the project or program for which it was acquired as long as needed,whether or not the project or program continues to be supported by State funds and shall not encumber the property without approval of the Division.When no longer needed for the original project or program, the Recipient shall use the equipment in connection with its other State-sponsored activities, in the following order of priority: (I)Activities sponsored by the Division, then(ii)activities sponsored by other State agencies. (d) During the time that equipment is used on the project or*program for which it was acquired, the Recipient shall make it available for use on other projects or programs if such other use will not interfere with the work on the project or program for which the equipment was originally acquired. First preference for such other use shall be given to other projects or programs sponsored by the Division; second preference shall be given to projects or programs sponsored by other State agencies. If the equipment is owned by the State of Florida, use on other activities not sponsored by the State of Florida shall be permissible if authorized by the Division. User charges shall be treated as program Income. (e)When acquiring replacement equipment, the Recipient may use the equipment to be replaced as trade-in or sell the equipment and use the proceeds to offset the costs of the replacement equipment subject to the approval of the Division. 15 (f) The Recipient's Property management standards for equipment acquired with Stale and State-owned equipment shall include all of the following. (1) Equipment records shall be maintained accurately and shall include the following information. (I)A description of the equipment. (h)Manufacturer's serial number, model number, Federal stock number, national stock number, or other identification number, (N)Source of the equipment, including the award number. (iv)Whether title vests in the Recipient or the State of Florida. cost. (v)Acquisition date(or date received, if the equipment was furnished by the State of Florida)and (vi)Information from which one can calculate the percentage of State participation in the cost of the equipment(not applicable to equipment furnished by the State of Florida). (vii)Location and condition of the equipment and the date the information was reported. (viiii) Unit acquisition cost. (Ix) Ultimate disposition data, including date of disposal and s(ix) Ultimate disposition data, Including date of disposal and sales price or the method used to determine current fair market value where a Recipient compensates the Division for Its share, (2) Equipment owned by the State of Florida shall be identified to indicate State ownership. (3)A Physical inventory of equipment shall be taken and the results reconciled with the equipment records at least once every two years.Any differences between quantities determined by the ph ysical inspection and those shown in the accounting records shall be investigated to determine the causes of the difference. The Recipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. (4)A control system shall be in effect to insure adequate safeguards to prevent loss,damage, or theft of the equipment. Any loss, damage,or theft of equipment shall be investigated and fully documented;if the equipment was owned by the State of Florida, the Recipient shall promptly notify the Division, (5)Adequate maintenance procedures shall be implemented to keep the equipment in good condition, (6)Where the Recipient is authorized or required to sell the equipment,proper sales procedures shall be established which provide for competition to the extent practicable and result in the highest possible return. (g)When the Recipient no longer needs the equipment, the equipment may be used for other activities in accordance with the following standards. For equipment with a current per unit fair market value of$50,00 or more, the 16 Recipient may retain the equipment for other uses provided that compensation is made to the Division. The amount of compensation shall be Computed by applying the percentage of State participation in the cost of the original project or program to the current fair market value of the equipment. If the Recipient has no need for the equipment, the Recipient shall request disposition instructions from the Division. The Division shall determine whether the equipment can be used to meet the Division's requirements, If no requirement exists within that agency, the availability of the equipment shall be ,reported'to the Department of Management Services by the Division to determine whether a requirement for the equipment exists in other State agencies. The Division shall issue instructions to the Recipient no later than 120 calendar days after the Recipient's request and the following procedures shall govern. (1) If so instructed or if disposition Instructions are not issued within 120 calendar days after the Recipient's request,the Recipient shall sell the equipment and reimburse the Federal awarding agency an amount Computed by applying to the sales proceeds the percentage of Federal participation in the cost of the original project or program. However,the Recipient shall be permitted to,deduct and retain from the State share $500 or ten percent of the proceeds, whichever is less, for the Recipient's selling and handling expenses. (2) If the Recipient Is Instructed to Ship the equipment elsewhere, the Recipient shall be reimbursed by the State of Florida by an amount which Is computed by applying the percentage of the Recipient's participation in the cost of the original project or program to the current fair market value of the equipment, plus any reasonable shipping or interim storage costs incurred. (3) If the Recipient is instructed to otherwise dispose of the equipment,the Recipient shelf be reimbursed by the Division for such costs incurred in its disposition. (4) The Division may reserve the right to transfer the title to the State of Florida or to a third party named by the State when such third party is otherwise eligible under existing statutes. Such transfer shall be subject to the following standards. (i) The equipment shall be appropriately identified in the award or otherwise made known to the Recipient in writing. (N) The Division shall issue disposition instructions within 120 calendar days after receipt of a final inventory. The final inventory shall list all equipment acquired with grant funds and federally-owned equipment, It the Division fails to issue disposition instructions within the 120 calendar day period, the Recipient shall apply the standards of this section, as appropriate. (III)When the Division exercises its right to take title, the equipment shall be subject to the provisions for State-owned equipment. (24) LEGALAUTHOR IZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or 17 otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms o this Agreement. (25) A5-$jLeAN,CES The Recipient shall comply with any Statement of Assurances. IN WITNESS WHEREOF,the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Becl relent: MONROIE COUNTY ATTORNEYMann ty APPROVED AS T FORK Name and tit _ tr aTJt EENIE W. DASSTL A aTANT COUNTY AT"TOO v le: Ka r tr DiGennAKa Ma or Date , Gate: June20 2007 ; SAMAS# .. . ., FID# 59-6000749 STATE OF FLORIDA `" DIVISION OF EMERGENCY MANAGEMENT Name and Title: Date 18 I EXHIBIT- I STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF Tl' FOLLOWING., MAICHIN X )R FEDERAL R RAM T I I h resource E! :1 Io the r ci I f)r rmatchin e r s nt ore harp on Federalrovide h amour $-VIDJECI JO SECTI 1r,o-7 ;FL )R _aIATUTja K) [F-' If h ounce IC111111I I! r tI le si no inform AhAr State Project State of Florida-Division of Emergency Management CSFA#52.010 $1,029,547 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: List applicable compliance requirements as follows.. 1. First applicable compliance requirement(e.g., what services/purposes resources must be used for). 2. Second applicable compliance requirement(e.g., eligibility requirements for recipients of the resources). 3. Etc, State awarding agency may elect to use language that requires III recipient to Comply with the requirements of applicable Provisions of specific laws, rules, regulations, etc. NOTE. Instead of listing the specific compliance requirements as shown above, in the example, the language may state that the recipient must comply w w(s) with a specific 1 8 , rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if Practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit I be provided to the recipient. 19 Attachment A Budget and Scope of Work I. 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 o 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„ uninterruplible power supply, polable water and wastewater systems,etc.). e. The Recipient shall In a timely manner prepare and submit a complete Hazard Mitigation Grant Program (HMGP) application, benetit-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 16 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 92 persons per shift and a workspace floor area of§,Z7Q 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) 1l'rrind Importance Factor„ 1= 1,00 Exposure Category=C Directionality Factor,K,,= 1.00 Internal Pressure Coefficient„ GC,,, 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. 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 ,)o specified in the Department of Energy's(DOE) Standard, Natural Phenomena Hazards Design and Evaluaon C , DOE-STD-1020.2002, That is, the building enclosure must resist penetration by a nominal 2"x4"lumber platink weiriteria ghing 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 Determin,ing Impact Resistance from Windborne De&45 SSTO 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, 1,4.deiign wind exposure category,,5, wind directionality factor, Kd,6,. design internal pre-;Sure coefficient, GCp-"- 7. design wind pressures In terms of Pounds per square toot(pst)to be used for the design of exterior component and cfadding materials not specifically designed by the principal licensed design professional;8. windbome 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 it 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)teat it 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, I 00-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. 01 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." 21 PI!1!12QQCT ITEMS A. Per item LN, 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-I 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 than'!5 years for emergency management purposes, and demonstrably capabie of being fully activated within one(I hour of detection of an emergency. C. The Recipient shall provide one(1)copy each of site survey, site mdster 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, windbome 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 LB, 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 I.E 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. 1. 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. 22 fit. 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 c 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-ot- 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, shalt result in denial or reduction of funds at the sole discretion of the Division. D. By May 15, 2009, 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. 23 Table SW-1, Initial Timeline and Estimated Reimbursement Allocation Schedule Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule County Name: Mo_ nroe PROJECT P S 'Start Date End Dade I, EM Funds Other Funds Board Contract A royal Initial Payment of _. 20% in first quarter A&E Farm Selection - Site Survey and Soil let Spatial Needs Assessment Preliminary Design„ 70%com let- Preliminary Design, - 100%com Pete Re ulator R2_V eVw Bid Document(s) Development& Award' Notice to Proceed/Mobl lizatian Construction,Project Management& S ecial Ins e�ctions Construction 25% Com fete Construction 50% Corn lete _ Construction 100% Corn fete Conlin enc Administrative Feesa maximum of 5% Sub-Totals $1.025 547 TOTAL Estimated Pro'ect Cost A&E-Architectural and Engineering;DEM-Division of Emergency Management; FY- Fiscal Year 24 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 A. SUBSTi FU TURF Cost 1010 Foundation 1020 Slab-on-Grade 2010 Excavation -- 2020 Basement Wail's 2030 Elevated Foundation & SHELL ENVELOP— B 10 S u erstructure 1010 Floor Construction 100 Root Construction 1030 Structural Frame 100 Load-Bearin all B20 Exterior Enclosure 2010 Exterior W I Is _. 2011 VeneerPladdin _� 2012 louvers 2020 Exterior Wind-ows 2030 Exterior Doors B3'0 3010 Roof Coverin s 3020 Roof' 3021 Soffits — C. INTERIOR 1010 Partitions 1020 Interior Doors 1030 Fittin s 2010 Stair Construction _ 3010 If Finishes 3020 1 Floor Finishes 3030 Ceilin- Finishes D. CD10 Conve in 1010 Elevators & Lifts 1020 Escalators & Walks m . D20 Plurnbin 2010 Plurnbin Fixtures - 2020 Domestic Water Distribution 2021 Back-up Potable 2040 �ater a stern. Rainwafer Drainage D30 H VAC 3010 Ener 115U - �5 3020 tleatin S stern 3030 Coolin S 3050 Terminal& Package Units 3090 Other HV'AC S D40 Fire Protection 4010 -� rinkler Ste._ 4020 Stand i e S 4030 Other S s, D50 Electrical 5010 Elec. Service& ...._ Distribution 5020 Lighting & l ranch Wiring 5030 Communications & Security—... .... 5090 Other Elac.S s. 5091 Generator S's„ 5092 UPS Sys, E. EQUIPMENT&FURNISHINGS 1010 Commercial E ui 1020 Institutional E ui , 1030 Vehicular E ui 1090 Other E ui 1091 AudiolVlcNeo E uii..........- 1092 S ecial elecorn, ._. 1093 Information'Tech, 1094 Geo info. s: F. SPECS t O CTIO I 1041 C3enerator Enclosure 1042 Comm.Tower 1043 Deli a 1090 Other G. WILDING SIT 'U RK 1010 Earthwork 1020 Ro—adwa r& Parkes 1030 Drainage & Flood Control 1040 Securit Measures- 1090 Other Sitework 26 Attachment B Program Statutes and Regulations 1. Sections 215.555(7)(c)and 21 . g, Florida Statutes Chapter 262, Florida Statutes Chapter 287, Florida Statutes 4. Chapter 119, Florida Statutes 5. Chapter A-1,Florida Administrative Cade S. Chapter 9C-1 , Florida Administrative Code 27 i i Attachment C ZECIPIEh'T: JUSTIFICATION OF ADVANCE PAYMENT ndicate by checking one of the boxes below, if you arc,requesting an advance. If an advance payment is requested,budget data on which the request is based mns ed t be submitted. Any advance payment under this Agreement is sub"ect to S.216,1li1(16)(aI and(b). 1orida Slatutes. The amount which may be advanced shalt not exceed the expected cash nes o the recipient within the initial hree months. IE_e NCE REQUESTED f 1 ADVANCE REQUESTED ment is requested. Payment dame pa)"mend wrf � is requested. Valance cif a reimbursement basis. No payments wilt be made ona reirnburwement bawsis. These funds ation is required. are needed two payJ taf;award benefita to clrentw,duplicate forms anal purchase start-up stapplies acid equipment.. e wvnuld not able do operate the prt�granw wvitlx�ut this adwart�,: ,. ADVANCE REQUEST W°ORKSHEET ld'you are requesting an advance,complete the following worksheet (A) (B) (C) (D) DESCRIPTION FFY 2002 FFY 2003 FFY 2004 Total I INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONI"1115 CONTRACT EXPENDITURES' 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS Divide line 2 b line 1.) First three numths expenditures need only be provide dd ror the years In which you requested an advance. It do no information,call your consultant and they will assist you. t have Ihls MAXIMUM ADVANCE ALLOW''ED CAT.ULATION: .� X $ Cell D3 DEM not include Award MAXIMUM - �h y match) ADVANCE tEOUEST F®R! WAIVER OF CALCULATED 11z.4CIMUM f ]Recipient has no previous DEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. I l Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below, Attach additional pages if needed. I 28 ESTIMATED EXLEUSU— BUDGET CATEGORY 2004-2905 Anticipated Expenditures for First Three %lonths of ADMINISTRATIVE COSTS Contract (include S'econda Administration.) PROGRAM EXPENSES TOTAL EXPENSES .r Farr 11 rr Frcrrnr.s r c °, 29 Attachment D Warranties and Representations Recipient's financial management system shaft Provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identity adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds. Property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes, (4) Comparison Of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to Performance and unit cost data, (5) Written Procedures for determining the reasonableness, allocability and allowability of costs in accordance With the provisions of the applicable cost principles and the terms and conditions of this grant, (6) Accounting records, including cost accounting records that are supported by source documentation. CQMLetiLiqn. All procurement transactions shall be Conducted in a manner to provide, to the maximum extent practical, open and tree Competition. The Recipient shall be alert to conflicts of interest as well as,noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade, In Order to ensure objective contractor performance and eliminate unfair competitive advantage,contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements.Awards shall be made to file bidder or offeror whose bid or offer is responsive to the solicitation and is Most advantageous to the Recipient, quality and other factors considered, Solicitations Shall clearly set forth all requirements that the bidder or offeror shelf fulfill in order for the bid or offer to be evaluated by,the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. -odes of�nnduct The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee,officer,or agent shall participate in the selection, award, or administration,of a contract Supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee,officer,Or agent, any member Of his or her immediate family,his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other Interest in the firm selected for an award. The officers,employees,and agents of the Recipient shall neither solicit nor accept gratuities,favors, or anything of monetary value from contractors,or parties to subcontracts. The standards of conduct shall,Provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient, 99—sines � The Recipient shall have its Offices open for business, with the entrance door open to the public, and at least one employee on site, from 30 Licens"Q-Q and Permitling All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of( Particular work for which they are hired by the Recipient, he 31