Item C28BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 17, 2013 Division: Public Works/EW&eering_
Bulk Item: Yes X No Department: Project Management
Staff Contact Person/Phone #:Jerry Barnett X4416
AGENDA ITEM WORDING: Approval of Modification #7 to the State Funded Subgrant
Agreement for the Design and Construction of the proposed Emergency Operations Center in Marathon
to extend the State funding from June 30, 2013 to December 31, 2015.
ITEM BACKGROUND: The Subgrant Agreement with the State of Florida, Division of Emergency
Management is set to expire on June 30, 2013. A request for an extension was granted by the State to
extend the grant to December 31, 2015 contingent upon obtaining budget authority beyond June 30,
2013.
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 (EOC) 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 #2 extending the expiration date for federal funding from 5/8/09 to 12/07/09
and state funding from 6/30/09 to 6130/10, and on 6/16/10 the BOCC approved Modification #3 extending the
State Funding to 6/30/13. On 12/15/10 the BOCC approved Modification #4 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 #5 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 #6 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.
CONTRACT/AGREEMENT CHANGES: Extend the expiration date for State funding from June
30, 2013 to December 31, 2015. Also is a revised Attachment A `State Budget and Scope of Work'
that changes only the date in Article III paragraph D.
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: NIA
REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OJ(�.
OMB/P�rchasing Risk Management
DOCUMENTATION: Included X ''JF� Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMIVIISSIONERS
CONTRACT SUMMARY
Contract with: State of Florida DEM
Contract # 08-EC-30-11-54-01-039
Effective Date: 04/17/13
Expiration Date: 12/31/15
Contract Purpose/Description:
Modification #7 to the State Funded Sub
ant Agreement for the Design and
Construction of a new EOC, extending the State funding from June 30, 2013 to December 31,
2015.
Contract Manager: Ann Riger
X4439 Project M t/Sto #1
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 04/17/13
Agenda Deadline: 04/02/13
CONTRACT COSTS
Total Dollar Value of Contract: $ 1,029,547 Current Year Portion: $ 0.00
Budgeted? Yes® No ❑ Account Codes:. 26000-560620-CP9902- -_
Grant: $ 1,029,547 - - - -
County Match: $ 0.00 - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $1,500.00/yr For: Salaries for reports, etc. in f/y 12
(Not included m dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
Date In
Division Director
Risk Management I q��
O.M.B./Purch%sing �l3
County Attorney
Comments:
UMB Form Revised 2/27/01 MCP #2
CONTRACT REVIEW
■ • VA �..�.
Date Out
3 -r6-)3
Contract Number: 08-EC-30-11-54-01-039
MODIFICATION # 7 TO SUBGRANT AGREEMENT
This Modification is made and entered into by and between the State of Florida, Division
of Emergency Management, ("the Division"), and Monroe County ("the Recipient") to modify
the Division's Contract Number 08-EC-30-11-54-01-039, dated August 27, 2007 ("the
Agreement").
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to
which the Division provided a sub -grant of $2,845,883 (of this amount $1,029,547 in state funds,
$69,966 in federal funds for Phase I, $106,355 in additional federal funds Phase I and
$1,640,015 in federal funds for Phase II, Construction); and
WHEREAS, the state funds of $1,029,547 must be expended on or before June 30,
2013, and the additional federal funds of $1,746,370 must be expended on or before June 30,
2013; and
WHEREAS, the Division and the Recipient desire to extend the State funds to
December 31, 2015.
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 is to read as follows:
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 30, 2013.
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 Modification, which is attached hereto and incorporated herein by
reference, are substituted in its place and stead.
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.
IN WITNESS WHEREOF, the parties hereto have executed this document on the dates
set out below.
RECIPIENT: MONROE COUNTY
nz
NAME & TITLE:
DATE:
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
I:yil
Bryan Koon, Director
DATE:
MONROE COUNTY ATTORNE
PIPROvEQ AS To FORM
NATii..EENE W. GASSED
ASSISTANT CQiJNTy ArrORNEY
Date -. —N l - ��
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, GC,,; _ +/- 0.18
3
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 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
directionality factor, Kd; 6. design internal pressure coefficient, GCp;; 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.
4
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."
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 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 70
percent) preliminary design construction drawings and specifications for the EOC and essential
ancillary structures for review and comment by the Division. The construction drawings shall
include site survey information, landscaping, civil, architectural, structural, mechanical,
plumbing, and electrical drawings.
E. The Recipient shall provide one (1) set of bid -ready construction drawings and
specifications for the EOC and essential ancillary structures for review by the Division. The
construction drawings shall include site survey information, landscaping, civil, architectural,
structural, mechanical, plumbing, and electrical drawings and shall be certified by the applicable
registered or licensed design professional(s) of record.
F. , The construction drawings shall demonstrate that the EOC will meet the hurricane
hazard safety criteria of ARC 4496, and the wind load, windborne debris impact, flood and
security design requirements set forth in items LE through I.M. Failure to supply the required
documentation, or disapproval of this documentation by the Division, shall result in denial of
funds.
G. Per item 1.15, 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.
I. The Recipient shall provide the Division with copy(s) of pertinent construction permits,
the threshold inspection final report, and the certificate of occupancy upon completion of the
construction project.
III. SCHEDULE OF WORK
A. By June 30, 2007, the Recipient shall provide the Division with Product Items A and B
for review and approval. Failure to supply the required documentation, or disapproval of this
documentation by the Division, shall result in denial of funds.
B. By September 30, 2007 and at least on a quarterly basis thereafter, Recipient shall
report on progress in relation to the initial timeline, and submit Product Items C through H in a
timely manner as accomplished. The Division shall be provided 30 calendar days to review and
provide comments of product items pertaining to compliance with the scope -of -work. The
Recipient shall also submit invoices for reimbursement for work accomplished in accordance
with the Division approved cost reimbursement allocation schedule referenced in Product Item
A.
C. By a mutually agreed upon date, the Recipient shall provide the Division with Product
Item F for review and approval. Failure to supply the required documentation, or disapproval of
this documentation by the Division, shall result in denial or reduction of funds at the sole
discretion of the Division.
D. By 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.
I.
Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule
Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule
County Name: Monroe
PROJECT PHASE
Start Date
End Date
DEM Funds
Other Funds
Board Contract
Approval
Initial Payment of
20% in first quarter
A&E Firm Selection
Site Survey and Soil
Testing
Spatial Needs
Assessment
Preliminary Design,
70% complete
Preliminary Design,
100% complete
Regulatory Review
Bid Document(s)
Development &
Award
Notice to
Proceed/Mobilization
Construction Project
Management &
Special Inspections
Construction 25%
Complete
Construction 50%
Complete
Construction 100%
Complete
Contingency
Administrative Fees;
maximum of 5%
Sub -Totals
$
TOTAL Estimated
Project Cost
A&E - Arcnitecturai and Engineering; DEM — Division of Emergency Management; FY - Fiscal
Year
Table SW-2. Cost Data for County Emergency Operations Center
Table SW-2.
Cost Data for County Emergency Operations Center
County Name: Monroe
NO.
System/Component
Description
Estimated
Cost
A.
SUBSTRUCTURE
1010
Foundation
1020
Slab -on -Grade
2010
Excavation
2020
Basement Walls
2030
Elevated
Foundation
B.
SHELL ENVELOPE
B10 Superstructure
1010
Floor Construction
1020
Roof Construction
1030
Structural Frame
1040
Load -Bearing Wall
B20 Exterior Enclosure
2010
Exterior Walls
2011
Veneer/Cladding
2012
Louvers
2020
Exterior Windows
2030
Exterior Doors
B30 Roofing
3010
Roof Coverings
3020
Roof Openings
3021
Soffits
C.
INTERIORS
1010
Partitions
1020
Interior Doors
1030
Fittings
2010
Stair Construction
3010
Wall Finishes
3020
Floor Finishes
3030
Ceiling Finishes
D.
SERVICES
D10 Conveying
1010
Elevators & Lifts
1020
Escalators & Walks
D20 Plumbing
2010
Plumbing Fixtures
2020
Domestic Water
Distribution
2021
Back-up Potable
Water System
2040
Rainwater
Drainage
D30 HVAC
3010
Energy Supply
3020
Heating System
3030
Cooling System
3050
Terminal &
Package Units
3090
Other HVAC Sys.
D40 Fire Protection
4010
Sprinkler Sys.
4020
Standpipe Sys.
4030
1 Other Sys.
D50 Electrical
5010
Elec. Service &
Distribution
5020
Lighting & Branch
Wiring
5030
Communications &
Security
5090
Other Elec. Sys.
5091
Generator Sys.
5092
UPS Sys.
E.
EQUIPMENT & FURNISHINGS
1010
Commercial Equip.
1020
Institutional Equip.
1030
Vehicular Equip.
1090
Other Equip.
1091
AudioNideo Equip.
1092
Special Telecom
1093
Information Tech.
1094
Geo. Info. Sys.
F.
SPECIAL CONSTRUCTION
1041
Generator
Enclosure
1042
Comm. Tower
1043
Heli ad
1090
Other
G.
BUILDING SITEWORK
1010
Earthwork
1020
Roadway & Parkin
1030
Drainage & Flood
Control
1040
Security Measures
1090
Other Sitework
'
Contract Number: 08-EC-30-11-54-01-039
MODIFICATION # 6 TO SUBGRANT AGREEMENT
This Modification is made and entered into by and between the State of Florida, Division of
Emergency Management, ("the Division"), and Monroe County ("the Recipient") to modify the Division's
Contract Number 08-EC-30-11-54-01-039, dated August 27, 2007 ("the Agreement").
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which
the Division provided a sub -grant of $2,845,883 (of this amount $1,029,547 in state funds, $69,966 in
federal funds for Phase I, $106,355 in additional federal funds Phase I and $1,640,015 in federal funds for
Phase II, Construction); and
WHEREAS, the state funds of $1,029,547 must be expended on or before June 30, 2013, and
the additional federal funds of $1,746,370 must be expended on or before August 18, 2012; and
WHEREAS, the Division and the Recipient desire to modify the Agreement by amending the
Budget and Scope of Work, Revised Attachment A — Federal; and
WHEREAS, the Federal funds expires August 18, 2012; the Division and the Recipient desire to
extend the Federal funds to June 30, 2013
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 is to read as follows:
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.
2'. 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 -Federal, contains the
additional provisions that apply to the added 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.
IN WITNESS WHEREOF, the parties hereto have executed this document.on the dates set out
below.
RECIPIENT: MONROE COUNTY
BY: {
r NAME &TITLE: Mayor David P. Ricer
L44A
Ai
y 18 Jul 2
DATE: 012
40
MON OE COUNTY ATTORNEY
-�� 7ROVED AS TO FORM:
7'�
STATE OF FLORIDA NATILEENE SSE
DIVISION OF EMERGE CY MANA EM N ASSISTANT COUNTY ATTORNEY
BY:
Bryan Koon, Directory
DATE: O /6 h
2
Received on:
Revised Attachment A- Federal AUG 10 �012
Budget and Scope of Work
Project Management
As a Hazard Mitigation Grant Program project, the Recipient, Monroe County, will provide pro ec ion
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), 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 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.
The Recipient must provide a statement of assurance before project closeout verifying that SFHA
requirements were met on the property listed above.
This is FEMA project 1609-153-R, funded under 1609-DR-FL.
The Period of Performance for this project ends on June 30, 2013.
Schedule of Work
Construction Phase: 32 Months
Total Period of Performance: 32 Months, 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
$2,143,936
$1,607,952
$ 535,984
Sub -total:
$2,285,742
$1,714,307
$ 571,435
Administrative Cost:
$ 0
$ 32,063
$ 0
Total:
$2,285,742
$1,746,370
$ 571,435
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.
Funding Summar
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
.t<x..Oews
Contract Number: 08-EC-30-11-54-01-039
MODIFICATION # 5 TO SUBGRANT AGREEMENT
This Modification is made and entered into by and between the State of Florida, Division of
Emergency Management, ("the Division"), and Monroe County ("the Recipient") to modify the Division's
Contract Number 08-EC-30-11-54-01-039, dated August 27, 2007 ("the Agreement").
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which
the Division provided a sub -grant of $2,845,883 (of this amount $1,029,547 in state funds, $69,966 in
federal funds for Phase I, $106,355 in additional federal funds Phase I and $1,640,015 in federal funds for
Phase II, Construction); and
WHEREAS, the state funds of $1,029,547 must be expended on or before June 30, 2013, and
the additional federal funds of $1,746,370 must be expended on or before August 18, 2012; and
WHEREAS, the Division and the Recipient desire to modify the Agreement by amending the
Revised Attachment A -Federal Budget and Scope of Work.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the
parties agree as follows:
1. The Budget and Scope of Work, 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 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 full 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.
RECIPIENT: MONROE
NAME & TITLE: 7'� GL� l� �QYY� / !'! r?.i�s Q Or�,
DATE:��/y�;a3x,.
a:
{ nANNY L. KOLHAGF CLERW q o
STATE OF FLORIDA
DIVISION OF EMERGECY MANA EMfffda :A y` z
l - . L(ft'l
.r
BY:1>00
`� PUTY CLERK O W z o ,
r Y�
Bryan Koon, DirectcjLu O tL
{
` O�
DATE: i { Z a-
0
2
m
Revised Attachment A - Federal
Budget and Scope of Work
As a Hazard Mitigation Grant Program project, the Recipient, Monroe County, will provide protection
needed for the above code hardening for the new construction of the Monroe County Emergency
Operations Center (EOC) located at 10095 Overseas Highway, Marathon, Florida 33050. The entire shell
and roof will be hardened beyond code against 225 mph winds and impact resistant windows will be
installed. If deemed necessary, wind protection will be provided on any other openings such as skylights,
vents, louvers, and exhaust fans. All construction and installations will be done in strict compliance with
Florida Building Codes Specifications. All materials will be certified to meet the wind and impact
standards of 225 mph wind loads. The local municipal or county building department will inspect and
certify construction and installation according to the manufacturer specifications.
The structure being mitigated at 10095 Overseas Highway, Marathon, Florida 33050 is located in a
Special Flood Hazard Area (SFHA). The Title Holder must adhere to the following restrictions:
• The Title holder must insure all structures that will not be demolished or relocated out of the
SFHA to an amount at least equal to the project cost or to the maximum limit of coverage made
available with respect to the particular property, whichever is less, through the National Flood
Insurance Program (NFIP), a s authorized by 42 U.S.C. 4001 et seq., as long as the Title Holder
holds title to the property as required by 42 U.S.C. 4012a.
• The Title Holder must maintain all structures on the property in accordance with the flood plain
management criteria set forth in Title 44 of the Code of Federal Regulations (CFR) Part 60.3 and
City/County Ordinance as long as the Title Holder holds title to the property.
• The Title Holder must notify subsequent purchasers that SFHA conditions are attached to the
property. This will be accomplished by the Title Holder ensuring that the City/County will legally
record with the county or appropriate jurisdiction's land records a notice that includes the name of
the current Title holder (including book/page reference to record of current title if readily
available), a legal description of the property, and a declaration that Federal Law requires flood
insurance coverage during the life of the property.
This is FEMA project 1609-153-R, funded under 1609-DR-FL.
The Period of Performance for this project ends on August 18, 2012.
Schedule of Work
Construction Phase: 10 Months
Total Period of Performance: 10 Months
Line Item Budget*
Project Cost
Federal Share
Non -Federal Share
Additional Design Costs
$ 141,806
$ 106,355
$ 35,451
Construction Materials and Supplies
$2,143,936
$1,607,952
$ 535.984
Sub -total:
$2,285,742
$1,714,307
$ 571,435
Administrative Cost:
$ 0
$ 32,063
$ 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.
Fundina Summa
Federal Share: $ 1,714,307 (75%)
Local Share: $ 571,435 (25%)
Total Project Cost: $2,285,742 (100%)
Recipient Administrative Allowance up to $32,063
The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the
vulnerability of the building to property losses and are specifically not intended to provide for the safety of
inhabitants before, during or after a natural man made disaster.
The funding provided by the Division of Emergency Management under this subgrant shall compensate
for the materials and labor for the installation of storm shutters and/or other hardening activities as a
retrofit measure for the Recipient's building to reduce and/or mitigate the damage that might otherwise
occur from severe weather or other hazards. The funding of this project by the Department does not
confer or imply any warranty of use or suitability for the work performed pursuant to this agreement. The
State of Florida disclaims all warranties with regard to this mitigation project, express or implied, including
but not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a
particular purpose, merchantability, or merchantable quality.
This project has not been evaluated by the criteria contained in the standards of the Department of
Homeland Security, Federal Emergency Management Agency (FEMA) guidance manual FEMA 361-
Design and Construction for Community Shelter, and thus does not provide `near absolute protection." It
is understood and agreed by the Department and the Recipient that the building may have vulnerabilities
due to age, design and location which may result in damage to the building from wind events even after
the installation of the mitigation measures funded under this Subgrant Agreement. It is further understood
and agreed by the Department and the Recipient that the level of wind protection provided by the
mitigation action, although meeting State standards and codes and enhancing the structural integrity of
the building, does not ensure the safety of survival of building occupants.
Contract Number: 08-EC-30-11-54-01-039
MODIFICATION # 4 TO SUBGRANT AGREEMENT
This Modification is made and entered into by and between the State of Florida, Division of
Emergency Management, ("the Division"), and Monroe County ("the Recipient") to modify the Division's
Contract Number 08-EC-30-11-54-01-039, dated August 27, 2007 ("the Agreement").
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which
the Division provided a sub -grant of $1,099,513, of this amount $1,029,547 in state funds and $69,966 in
federal funds for Phase I; and
WHEREAS, the Division now intends to provide additional funds to the Recipient of $106,355 in
federal funds for Phase I; and
WHEREAS, the Division now intends to provide additional funds to the Recipient of $1,640,015 in
federal funds for Phase II, Construction; and
WHEREAS, the state funds of $1,029,547 must be expended on or before June 30, 2013, and
the additional federal funds of $1,746,370 must be expended on or before August 18, 2011; and
WHEREAS, the Division and the Recipient desire to modify the Agreement by amending the
Scope of Work, the Budget and by adding the appropriate federal attachments.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the
parties agree as follows:
1. Paragraph 17 of the Agreement is hereby amended to increase the total funding under the
Agreement to $2,845,883.
3. The Budget and Scope of Work, Attachment A, to this Agreement, is hereby deleted in its
entirety, and the Budget and Scope of Work, Revised Attachment A -State and Revised
Attachment A -Federal, to this Modification, which are attached hereto and incorporated herein by
reference, are substituted in its place and stead. The revised Budget and Scope of Work,
Attachment A -Federal, contains the additional provisions that apply to the added federal funding.
4. Attachment B of this Agreement is hereby deleted in its entirety, and the Revised Attachment B,
Program Statutes and Regulations, which are attached hereto and incorporated herein by
reference, are substituted in its place and stead. The Revised Attachment B Program Statutes
and Regulations, contains the additional provisions that apply to the added federal funding.
5. Attachment J of this Agreement is hereby deleted in its entirety, and the Revised Attachment J,
Statement of Assurances, which are attached hereto and incorporated herein by reference, are
substituted in its place and stead. The Revised Attachment J, Statement of Assurances, contains
the additional provisions that apply to the added federal funding.
6. All provisions not in conflict with this Modification remain in full force and effect, and are to be
performed at the level specified in the Agreement.
S
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 arruthers, Chairperson
DATE: December .19 _ 901
L. KOUi4GE 0WRK
STATE OF FLORIDAIh
> 's �.
DIVISION OF EMERGENCY Mq T
BY: a- - ; DEFUMf , FK
R
David Ha ead, Director
DATE:
2
Revised Attachment A State
Budget and Scope of Work
SCOPE OF WORK
A. The Recipient shall construct a County Emergency Operations Center (EOC). Use of grant funds
shall be consistent with Section 1(1), Ch. 2006-71, Laws of Florida. Grant funds shall not be used for
land acquisition; purchase of equipment, furnishings, communications, or operational systems; or
recurring expenditures.
Eligible reimbursement costs include: Architectural and Engineering services and fees; site survey and
soil testing; necessary permits and fees; civil and service utilities site work; construction of the building's
substructure, superstructure, shell (exterior enclosure) and interior construction; special inspections;
mechanical, plumbing, electrical, conveying and security systems; lightning protection; and redundant
infrastructure systems (e.g., electric generator, uninterruptible power supply, potable water and
wastewater systems, etc.).
B. The Recipient shall in a timely manner prepare and submit a complete Hazard Mitigation Grant
Program (HMGP) application, benefit -cost analysis, environmental review and such other documentation
as necessary to determine eligibility and allowable costs under said grant program.
C. The Recipient shall state in writing that for a period of not less than 15 years from the date of
receipt of Certificate of Occupancy the EOC will be dedicated for emergency management purposes.
The EOC shall remain demonstrably capable of being fully activated within one (1) hour of detection of an
emergency; reference Rule Chapter 9G-6, Florida Administrative Code, "Emergency Management
Capabilities Assessment Checklist."
D. The EOC shall be constructed with sufficient space to house people and equipment for day-to-
day and sustained continuous emergency operations, and capable of full staffing for the most extensive
emergency anticipated. At a minimum, the designated EOC functional area(s), and essential shared -use
area(s) if applicable, shall be designed for an emergency operations staff size of 62 persons per shift and
a workspace floor area of 5,270 gross square feet.
E. At a minimum, the EOC shall meet the hurricane hazard safety criteria established in Standards
for Hurricane Evacuation Shelter Selection (ARC 4496).
F. The EOC and essential ancillary structures and service equipment shall be designed to resist the
effects of a major hurricane. The wind load design requirements shall be in accordance with the
American Society of Civil Engineers (ASCE) Standard 7, Minimum Design Loads for Buildings and Other
Structures. The minimum wind design criteria shall include:
Design Wind Speed = 225 miles per hour (3 second gust)
Wind Importance Factor, / = 1.00
Exposure Category = C
Directionality Factor, Kd = 1.00
Internal Pressure Coefficient, 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 EOC and essential ancillary structures and service equipment shall resist penetration by
windborne debris impact. At a minimum, all exterior enclosure components, claddings and assemblies
(i.e., walls, roofs, louvers, windows, doors, etc.) located within 60 feet in height above finish grade shall
meet the hurricane windborne debris impact criteria specified in the Department of Energy's (DOE)
Standard, Natural Phenomena Hazards Design and Evaluation Criteria, DOE-STD-1020-2002. That is,
the building enclosure must resist penetration by a nominal 2"x4" lumber plank weighing 15 pounds
propelled at 50 miles per hour (74 feet per second) striking end -on and normal to the assembly surface,
or equivalent performance as approved by the Division. As applicable, impact test procedures shall be
consistent with recognized state and national standards; such as, Test Standard for Determining Impact
Resistance from Windborne Debris SSTD 12, American Society of Testing and Materials (ASTM)
Standards ASTM E 1886 and ASTM E 1996, and Florida Building Code Testing Protocols TAS 201, TAS
202 and TAS 203. The impact test procedures may be modified as necessary to accommodate the
required missile weight and velocity.
H. The following information related to wind loads and flooding shall be shown on the construction
drawings: 1. wind design per ASCE 7 with applicable year of revision; 2. design wind speed; 3, wind
importance factor, I; 4. design wind exposure category; 5. wind directionality factor, Kd; 6. design internal
pressure coefficient, GCpi; 7. design wind pressures in terms of pounds per square foot (psf) to be used
for the design of exterior component and cladding materials not specifically designed by the principal
licensed design professional; 8. windborne debris impact performance criteria; 9. finish floor elevation
measured relative to the National Geodetic Vertical Datum (NGVD); and comparison reference of the
finished floor elevation to the base flood elevation, or historical flood elevation if base flood elevation is
not determined.
I. The lowest floor for the EOC and essential ancillary structures and service equipment shall at a
minimum be elevated above: Category 5 hurricane storm surge elevation plus 20 percent; the base flood
elevation plus three (3) feet; the 500-year (0.2 percent annual chance) flood elevation (if determined) plus
two (2) feet; the highest recorded flood elevation plus three (3) feet if the area is not in a mapped special
flood hazard area; whichever is greater. The site (point maximum, one square mile) hydrologic design
shall ensure that the EOC and essential ancillary structures and service equipment are not flooded due to
a 24 hour, 37.0 inch rainfall event applied over a precedent 24 hour, 100-year rainfall event.
J. Where secondary (emergency) roof drains or scuppers are required by the Florida Building
Code —Plumbing, the secondary system shall be sized for a rainfall rate of eleven (11.0) inches per hour.
K. The EOC shall be designated as a threshold building, and special structural inspections required.
Special inspections shall be conducted in compliance with section 553.79, Florida Statutes and other
applicable statutes, laws and rules.
L. The EOC shall at a minimum be designed for 72 hours of self-contained continuous operation and
shall not be solely reliant upon off -site services and utilities (e.g., water, natural gas fuel, electricity, etc.)
M. Force protection and security measures shall be consistent with the guidance published in
Florida's Homeland Security Comprehensive Assessment Model (HLSCAM), United States Air Force
Installation Force Protection Guide, or other federal or state recognized best -practices guide(s) as
approved by the Division.
N. The Recipient shall provide an initial timeline and estimated reimbursement allocation schedule.
Table SW-1, "Initial Timeline and Estimated Reimbursement Allocation Schedule" or other similar
instrument as approved by the Division may be used.
4
0. During design and construction phases of the EOC project, the Recipient shall track and provide
construction cost data for the designated EOC area as detailed in Table SW-2, "Cost Data for County
Emergency Operations Center."
PRODUCT ITEMS
A. Per item I.N, Recipient shall prepare an initial timeline with key milestone activities/tasks
schedule, including estimated start and end dates for each activity, and an estimate of state
reimbursement request for each activity. Table SW-1 may be used to meet this product item.
B. Per item 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, windborne debris impact, flood and security design requirements
set forth in items LE through I.M. Failure to supply the required documentation, or disapproval of this
documentation by the Division, shall result in denial of funds.
G. Per item 1.6, Recipient shall submit a complete HMGP application, benefit -cost analysis,
environmental review and such other documentation as necessary to determine eligibility and cost
allowances under said grant program. The Recipient shall also provide two cost estimates prepared by
one or more certified construction contractors that document the cost of constructing the facility to meet
current building code wind and flood design requirements, and the cost premium of constructing the
facility to the above -code wind and flood requirements set forth in items LE through I.J.
H. Per item 1.0, the Recipient shall provide final project cost data. Table SW-2 shall be used to
meet this product item.
I. The Recipient shall provide the Division with copy(s) of pertinent construction permits, the
threshold inspection final report, and the certificate of occupancy upon completion of the construction
project.
III. SCHEDULE OF WORK
A. By June 30, 2007, the Recipient shall provide the Division with Product Items A and B for review
and approval. Failure to supply the required documentation, or disapproval of this documentation by the
Division, shall result in denial of funds.
B. By September 30, 2007 and at least on a quarterly basis thereafter, Recipient shall report on
progress in relation to the initial timeline, and submit Product Items C through H in a timely manner as
accomplished. The Division shall be provided 30 calendar days to review and provide comments of
product items pertaining to compliance with the scope -of -work. The Recipient shall also submit invoices
for reimbursement for work accomplished in accordance with the Division approved cost reimbursement
allocation schedule referenced in Product Item A.
C. By a mutually agreed upon date, the Recipient shall provide the Division with Product Item F for
review and approval. Failure to supply the required documentation, or disapproval of this documentation
by the Division, shall result in denial or reduction of funds at the sole discretion of the Division.
D. By May 15, 2013, the Recipient shall provide final project cost estimate data as set forth in Table
SW-2, certificate of occupancy, close-out documentation and final payment invoice.
I.
Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule
Table SW-1. Initial Timeline and Estimated Reimbursement Allocation Schedule
County Name: Monroe
PROJECT PHASE
Start Date
End Date
DEM Funds
Other Funds
Board Contract
Approval
Initial Payment of
20% in first quarter
A&E Firm Selection
Site Survey and Soil
Testing
Spatial Needs
Assessment
Preliminary Design,
70% complete
Preliminary Design,
100% complete
Re ulator Review
Bid Document(s)
Development &
Award
Notice to
Proceed/Mobilization
Construction Project
Management &
Special Inspections
Construction 25%
Complete
Construction 50%
Complete
Construction 100%
Complete
Contingency
Administrative Fees;
maximum of 5%
Sub -Totals
$ .
TOTAL Estimated
Project Cost
A9c
«u-- - rUW11LUciura1 and Engineering; DEM - uivision of Emergency Management; FY - Fiscal Year
7
Table SW-2. Cost Data for County Emergency Operations Center
Table SW-2.
Cost Data for County Emergency Operations Center
County Name: Monroe
NO.
System/Component
Description
Estimated
Cost
A.
SUBSTRUCTURE
1010
dtion
FoVB.SHELL
Grade
on
t Walls
Foundation
ENVELOPE
B10 Superstructure
1010
1 Floor Construction
1020
Roof Construction
1030
Structural Frame
1040
Load -Bearing Wall
B20 Exterior Enclosure
2010
Exterior Walls
2011
Veneer/Cladding
2012
Louvers
2020
Exterior Windows
2030
Exterior Doors
B30 Roofing
3010
Roof Coverin s
3020
Roof Openincis
3021
Soffits
C.
INTERIORS
1010
Partitions
1020
Interior Doors
1030
Fittings
2010
Stair Construction
3010
Wall Finishes
3020
Floor Finishes
3030
Ceiling Finishes
D.
SERVICES
D10 Convevincl
1010
Elevators & Lifts
1020
Escalators &Walks
D20 Plumbing
2010
Plumbin Fixtures
2020
Domestic Water
Distribution
2021
Back-up Potable
Water System
2040
Rainwater Drainage
D30 HVAC
3010
Energy Supply
3020
Heating System
3030
Cooling System
Ilin m iai a racKage
Units
3090 Other HVAC S s.
D40 Fire Protection
4010 S rinkler S s.
4020 Stand Standpipe Sys.
4030 Other Sys
D50 Electrical
5010 Elec. Service &
Distribution
5020 Lighting & Branch
Wirin
5030 Communications &
Securit
5090 Other Elec. Sys.
5091 Generator S s.
5092 UPS 0-
E. EQUIPMENT & FURNISHINGS
1010 Commercial E ui .
1020 Institutional E ui .
1030 Vehicular E ui .
logo Other E ui .
1091 Audio/Video
1092 S ecial Telecom
1093 Information Tech.
1094 Geo. Info. Sys
F. SPECIAL CONSTRUCTION
1041 Generator Enclosure
1042 Comm. Tower
1043 Heli ad
1090 Other
G. BUILDING SITEWORK
1010 Earthwork
1020 Roadwa & Parkin
1030 Drainage & Flood
Control
1040 Securit Measures
1090 Other Sitework
Revised Attachment A - Federal
Budget and Scope of Work
As a Hazard Mitigation Grant Program project, the Recipient, Monroe County, will provide protection
needed for the above code hardening for the new construction of the Monroe County Emergency
Operations Center (EOC) located at 10095 Overseas Highway, Marathon, Florida 33050. The entire shell
and roof will be hardened beyond code against 225 mph winds and impact resistant windows will be
installed. If deemed necessary, wind protection will be provided on any other openings such as skylights,
vents, louvers, and exhaust fans. All construction and installations will be done in strict compliance with
Florida Building Codes Specifications. All materials will be certified to meet the wind and impact
standards of 225 mph wind loads. The local municipal or county building department will inspect and
certify construction and installation according to the manufacturer specifications.
The structure being mitigated at 10095 Overseas Highway, Marathon, Florida 33050 is located in a
Special Flood Hazard Area (SFHA). The Title Holder must adhere to the following restrictions:
• The Title holder must insure all structures that will not be demolished or relocated out of the
SFHA to an amount at least equal to the project cost or to the maximum limit of coverage made
available with respect to the particular property, whichever is less, through the National Flood
Insurance Program (NFIP), a s authorized by 42 U.S.C. 4001 et seq., as long as the Title Holder
holds title to the property as required by 42 U.S.C. 4012a.
• The Title Holder must maintain all structures on the property in accordance with the flood plain
management criteria set forth in Title 44 of the Code of Federal Regulations (CFR) Part 60.3 and
City/County Ordinance as long as the Title Holder holds title to the property.
• The Title Holder must notify subsequent purchasers that SFHA conditions are attached to the
property. This will be accomplished by the Title Holder ensuring that the City/County will legally
record with the county or appropriate jurisdiction's land records a notice that includes the name of
the current Title holder (including book/page reference to record of current title if readily
available), a legal description of the property, and a declaration that Federal Law requires flood
insurance coverage during the life of the property.
This is FEMA project 1609-153-R, funded under 1609-DR-FL.
The Period of Performance for this project ends on August 18, 2011.
Schedule of Work
Construction Phase: 10 Months
Total Period of Performance: 10 Months
Line Item Budget*
Project Cost Federal Share Non -Federal Share
Additional Design Costs
$ 141,806
$ 106,355
$ 35,451
Construction Materials and Supplies
$2,143,936
$1,607 952
$ 535,984
Sub -total:
$2,285,742
$1,714,307
$ 571,435
Administrative Cost.
$ 0
$ 32,063
$ 0
Total:
$2,285,742
$1,746,370
$ 571,435
* Any line item amount in this Budget may be increased or decreased 10% or less without an amendment
to this Agreement being required, so long as the overall amount of the funds obligated under this
Agreement is not increased.
10
Funding Summary
Federal Share:
Local Share:
Total Project Cost:
$ 1,714,307 (75%)
$ 571,435 (25%)
$2,285,742 (100%)
Recipient Administrative Allowance up to $32,063
The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the
vulnerability of the building to property losses and are specifically not intended to provide for the safety of
inhabitants before, during or after a natural man made disaster.
The funding provided by the Division of Emergency Management under this subgrant shall compensate
for the materials and labor for the installation of storm shutters and/or other hardening activities as a
retrofit measure for the Recipient's building to reduce and/or mitigate the damage that might otherwise
occur from severe weather or other hazards. The funding of this project by the Department does not
confer or imply any warranty of use or suitability for the work performed pursuant to this agreement. The
State of Florida disclaims all warranties with regard to this mitigation project, express or implied, including
but not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a
particular purpose, merchantability, or merchantable quality.
This project has not been evaluated by the criteria contained in the standards of the Department of
Homeland Security, Federal Emergency Management Agency (FEMA) guidance manual FEMA 361-
Design and Construction for Community Shelter, and thus does not provide "near absolute protection." It
is understood and agreed by the Department and the Recipient that the building may have vulnerabilities
due to age, design and location which may result in damage to the building from wind events even after
the installation of the mitigation measures funded under this Subgrant Agreement. It is further understood
and agreed by the Department and the Recipient that the level of wind protection provided by the
mitigation action, although meeting State standards and codes and enhancing the structural integrity of
the building, does not ensure the safety of survival of building occupants.
11
Revised Attachment B
Program Statutes and Regulations
1. Sections 215.555(7)(c) and 215.559, Florida Statutes
2. Chapter 252, Florida Statutes
3. Chapter 287, Florida Statutes
4. Chapter 119, Florida Statutes
5. Chapter 60A-1, Florida Administrative Code
6. Chapter 9G-19, Florida Administrative Code
The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally
governed by the following statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
(2) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable
FEMA policy memoranda and guidance documents;
(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program;
(4) Hazard Mitigation Long-term Recovery Guidance; and
(5) All applicable laws and regulations delineated in Attachment C of this Agreement
In addition to the above statues and regulations, the Recipient must comply with the following:
The Recipient shall fully perform the approved hazard mitigation project, as described in the
Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance
with the approved scope of work indicated therein, the estimate of costs indicated therein, the allocation
of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not deviate
from the approved project and the terms and conditions of this Agreement. Recipient shall comply with
any and all applicable codes and standards in performing work funded under this Agreement, and shall
provide any appropriate maintenance and security for the project.
. Any development permit issued by, or development activity undertaken by, the Recipient and any
land use permitted by or engaged in by the Recipient, shall be consistent with the local comprehensive
plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida
Statutes. Funds shall be expended for, and development activities and land uses authorized for, only
those uses which are permitted under the comprehensive plan and land development regulations. The
Recipient shall be responsible for ensuring that any development permit issued and any development
activity or land use undertaken is, where applicable, also authorized by the Water Management District,
the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game
and Fish Commission, and any federal, state, or local environmental or land use permitting authority,
where required. Recipient agrees that any repair or construction shall be in accordance with applicable
standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and
standards.
Recipient will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the completed work conforms with the approved plans and specifications
and will furnish progress reports and such other information to HMGP as may be required.
12
If the hazard mitigation project described in Attachment A includes an acquisition or relocation
project, then Recipient shall ensure that, as a condition of funding under this Agreement, the owner of the
affected real property shall record in the public records of the county where it is located the following
covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from
which a structure will be removed pursuant to the project:
1. The property will be dedicated and maintained in perpetuity for a use that is compatible
with open space, recreational, or wetlands management practices;
2. No new structure will be erected on property other than:
(a) a public facility that is open on all sides and functionally related to a
designated open space;
(b) a restroom; or
3. A structure that the Director of the Federal Emergency Management Agency approves in
writing before the commencement of the construction of the structure;
4. After the date of the acquisition or relocation no application for disaster assistance for any
purpose will be made to any Federal entity and no disaster assistance will be provided for
the property by any Federal source; and
5. If any of these covenants and restrictions is violated by the owner or by some third party
with the knowledge of the owner, fee simple title to the Property described herein shall be
conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida without further notice to the owner, its successors and assigns, and the owner, its
successors and assigns shall forfeit all right, title and interest in and to the property.
HMGP Contract Manager will evaluate requests for cost overruns and submit to the Regional
Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set
forth in 44CFR 206.438(b).
The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a
HMGP Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating
in the NEPA process. You are reminded that no construction may occur in this phase, that a full
environmental review must be completed prior to funding Phase II.
As a reminder, the Recipient must obtain prior approval from the State, before implementing
changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local Governments:
I. 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 int6 this Agreement, and to carry out the proposed program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar
action authorizing the execution of the hazard mitigation agreement with the Division of
Emergency Management (DEM), including all understandings and assurances contained in it,
and directing and authorizing the Recipient's chief administrative officer or designee to act in
connection with the application and to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall receive any share or part of this Agreement or any benefit. No member, officer, or
employee of the Recipient or its designees or agents, no member of the governing body of the
locality in which the program is situated, and no other public official of the locality or localities who
exercises any functions or responsibilities with respect to the program during his tenure or for one
year after, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds, for work be performed in connection with the program assisted under this Agreement.
The Recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any
interest pursuant to the purpose state above;
(d) All Recipient contracts for which the State Legislature is in any part a funding source, shall
contain language to provide for termination with reasonable costs to be paid by the Recipient for
eligible contract work completed prior to the date the notice of suspension of funding was
received by the Recipient. Any cost incurred after a notice of suspension or termination is
received by the Recipient may not be funded with funds provided under this Agreement unless
previously approved in writing by the Division. All Recipient contracts shall contain provisions for
termination for cause or convenience and shall provide for the method of payment in such event;
(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
Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of
such property, any transferee, for the period during which the real property or structure is
used for a purpose for which the Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the
basis of age or with respect to otherwise qualified handicapped individuals as provided in
Section 504 of the Rehabilitation Act of 1973;
(3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of
employment during the performance of federal or federally assisted construction
contracts; affirmative action to insure fair treatment in employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other
forms of compensation; and election for training and apprenticeship;
(g) It will establish safeguards to prohibit employees from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves
or others, particularly those with whom they have family, business, or other ties pursuant to
Section 112.313 and Section 112.3135, FS;
(h) It will comply with the Anti -Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and
prescribes penalties for "kickbacks" of wages in federally financed or assisted construction
activities;
(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 of employees;
Q) It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for
the receipt of any Federal financial assistance for construction or acquisition purposes for use in
any area having special flood hazards. The phrase "Federal financial assistance" includes any
form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or
grant, or any other form of direct or indirect Federal assistance;
(k) It will require every building or facility (other than a privately owned residential structure)
designed, constructed, or altered with funds provided under this Agreement to comply with the
"Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6
for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The
Recipient will be responsible for conducting inspections to ensure compliance with these
specifications by the contractor;
(1) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation
Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by:
(1) Consulting with the State Historic Preservation Office to identify properties listed
in or eligible for inclusion in the National Register of Historic Places that are
subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity;
and
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
affect a known historic property in an unanticipated manner. Recipient
acknowledges that FEMA may require Recipient to stop construction in the
vicinity of the discovery of a previously unidentified property that may be eligible
for inclusion in the National Register or upon learning that construction may
affect a known historic property in an unanticipated manner. Recipient further
acknowledges that FEMA may require Recipient to take all reasonable measures
to avoid or minimize harm to such property until FEMA concludes consultation
with the SHPO. Recipient also acknowledges that FEMA will require, and
Recipient shall comply with, modifications to the project scope of work necessary
to implement recommendations to address the project and the property.
(7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it
shall not receive funding for projects when, with intent to avoid the requirements
of the PA or the NHPA, Recipient intentionally and significantly adversely affects
a historic property, or having the legal power to prevent it, allowed such
significant adverse affect to occur.
(m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-
1683 and 1685 - 1686) which prohibits discrimination on the basis of sex;
(n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
(o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and
290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(p) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which
prohibits the use of lead based paint in construction of rehabilitation or residential structures;
(q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422),
and the provisions of the state Energy Conservation Plan adopted pursuant thereto;
(r) It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to
the care, handling, and treatment of warm blooded animals held for research, teaching, or other
activities supported by an award of assistance under this agreement;
(s) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as
amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of
the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race,
color or nation origin;
(t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626;
(v) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544;
(w) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763;
(x) It will assist the awarding agency in assuring compliance with the National Historic Preservation
Act of 1966, as amended, 16 U.S.C. 270;
(y) It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
17
(z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological
and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq,
(aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-
discrimination;
(bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water
sources;
(cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs;
(dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to
protecting components or potential components of the national wild and scenic rivers system;
(ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating
facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898
(Environmental Justice);
(ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;
(gg) It will assure project consistency with the approved State program developed under the Coastal
Zone Management Act of 1972, 16 U.S.C. 1451-1464; and
(hh) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
(ii) With respect to demolition activities, it will:
1. Create and make available documentation sufficient to demonstrate that the Recipient
and its demolition contractor have sufficient manpower and equipment to comply with the
obligations as outlined in this Agreement.
2. Return the property to its natural state as though no improvements had ever been
contained thereon.
3. Furnish documentation of all qualified personnel, licenses and all equipment necessary to
inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos
and lead in accordance with requirements of the U.S. Environmental Protection Agency,
the Florida Department of Environmental Protection and the County Health Department.
4. Provide documentation of the inspection results for each structure to indicate:
a. Safety Hazards Present
b. Health Hazards Present
C. Hazardous Materials Present
5. Provide supervision over contractors or employees employed by Recipient to remove
asbestos and lead from demolished or otherwise applicable structures.
6. Leave the demolished site clean, level and free of debris.
7. Notify the Division promptly of any unusual existing condition which hampers the
contractors work.
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
vj �w a ... .,r•::::::)
Contract Number: 08-EC-30-11-54-01-039
MODIFICATION # 3 TO SUBGRANT AGREEMENT
This Modification is made and entered into by and between the State of Florida, Division of
Emergency Management, ("the Division"), and Monroe County ("the Recipient") to modify the Division's
Contract Number 08-EC-30-11-54-01-039, dated August 27, 2007 ("the Agreement").
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which
the Division provided a sub -grant of $1,099,513 of this amount $1,029,547 in state funds and $69,966 in
federal funds for Phase I; and
WHEREAS, the Agreement expires on June 30, 2010; 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 30, 2013; 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 as follows:
1. The Agreement is hereby extended through June 30, 2013.
2. The Exhibit 1 to this agreement, is herby deleted in its entirely, and the Revised Exhibit 1, which
is attached hereto and incorporated herein by reference, is substituted in its place and stead.
The Revised Exhibit 1 contains the amended federal language.
3. The Budget and Scope of 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. 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.
5. All provisions of the Agreement being modified and any attachments thereto in conflict with this
N.. odification 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:
BY:
NAME TITLE:
DATE:
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BY:
C
TE: l • to
_ r:Citiiv..�
i-10VED AS TO FO;=
'L PO�EfielE31£� ttiAT LEE tE W. (; :.C; EL.1S•sl;'TA T COUP-41 ( AT1,-0?";::y
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 resources awarded to the recipient for matching represent more than one Federal program
Provide the same information shown below for each Federal program and show total State resources
awarded for matching.
SUBJECT TO SECTION 215.97 FLORIDA STATUTES:
NOTE: If the resources awarded to the recipient represent more than one State project provide the same
information shown below for each State proiect and show total state financial assistance awarded that is
subject to Section 215.97 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 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 1 be provided
to the recipient.
4
Revised Attachment A State
Budget and Scope of Work
SCOPE OF WORK
A. The Recipient shall construct a County Emergency Operations Center (EOC). Use of grant funds
shall be consistent with Section 1(1), Ch. 2006-71, Laws of Florida. Grant funds shall not be used for
land acquisition; purchase of equipment, furnishings, communications, or operational systems; or
recurring expenditures.
Eligible reimbursement costs include: Architectural and Engineering services and fees; site survey and
soil testing; necessary permits and fees; civil and service utilities site work; construction of the building's
substructure, superstructure, shell (exterior enclosure) and interior construction; special inspections;
mechanical, plumbing, electrical, conveying and security systems; lightning protection; and redundant
infrastructure systems (e.g., electric generator, uninterruptible power supply, potable water and
wastewater systems, etc.).
B. The Recipient shall in a timely manner prepare and submit a complete Hazard Mitigation Grant
Program (HMGP) application, benefit -cost analysis, environmental review and such other documentation
as necessary to determine eligibility and allowable costs under said grant program.
C. The Recipient shall state in writing that for a period of not less than 15 years from the date of
receipt of Certificate of Occupancy the EOC will be dedicated for emergency management purposes.
The EOC shall remain demonstrably capable of being fully activated within one (1) hour of detection of an
emergency; reference Rule Chapter 9G-6, Florida Administrative Code, "Emergency Management
Capabilities Assessment Checklist."
D. The EOC shall be constructed with sufficient space to house people and equipment for day-to-
day and sustained continuous emergency operations, and capable of full staffing for the most extensive
emergency anticipated. At a minimum, the designated EOC functional area(s), and essential shared -use
area(s) if applicable, shall be designed for an emergency operations staff size of 62 persons per shift and
a workspace floor area of 5,270 gross square feet.
E. At a minimum, the EOC shall meet the hurricane hazard safety criteria established in Standards
for Hurricane Evacuation Shelter Selection (ARC 4496).
F. The EOC and essential ancillary structures and service equipment shall be designed to resist the
effects of a major hurricane. The wind load design requirements shall be in accordance with the
American Society of Civil Engineers (ASCE) Standard 7, Minimum Design Loads for Buildings and Other
Structures. The minimum wind design criteria shall include:
Design Wind Speed = 225 miles per hour (3 second gust)
Wind Importance Factor, / = 1.00
Exposure Category = C
Directionality Factor, Kd = 1.00
Internal Pressure Coefficient, 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.
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, I; 4. design wind exposure category; 5. wind directionality 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."
C-1
II. PRODUCT ITEMS
A. Per item I.N, Recipient shall prepare an initial timeline with key milestone activities/tasks
schedule, including estimated start and end dates for each activity, and an estimate of state
reimbursement request for each activity. Table SW-1 may be used to meet this product item.
B. Per item I.C, Recipient shall submit a binding written statement that the EOC will be dedicated for
a period of not less than15 years for emergency management purposes, and demonstrably capable of
being fully activated within one (1) hour of detection of an emergency.
C. The Recipient shall provide one (1) copy each of site survey, site master plan, spatial needs
assessment, and schematic design plan or preliminary design drawings for review and comment by the
Division. The spatial needs assessment and schematic design plan/preliminary design may be
consolidated into one document.
D. The Recipient shall provide one (1) set of substantially complete (approximately 70 percent)
preliminary design construction drawings and specifications for the EOC and essential ancillary structures
for review and comment by the Division. The construction drawings shall include site survey information,
landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings.
E. The Recipient shall provide one (1) set of bid -ready construction drawings and specifications for
the EOC and essential ancillary structures for review by the Division. The construction drawings shall
include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing, and
electrical drawings and shall be certified by the applicable registered or licensed design professional(s) of
record.
F. The construction drawings shall demonstrate that the EOC will meet the hurricane hazard safety
criteria of ARC 4496, and the wind load, windborne debris impact, flood and security design requirements
set forth in items LE through I.M. Failure to supply the required documentation, or disapproval of this
documentation by the Division, shall result in denial of funds.
G. Per item 1.13, 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.
7
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 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.
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 I End Date I DEM Funds I Other Funds
Board Contract
Approval
Initial Payment of
20% in first quarter
A&E Firm Selection
Site Survey and Soil
Testing
Spatial Needs
Assessment
Preliminary Design,
70% com lete
Preliminary Design,
100% complete
Regulatory Review
Bid Document(s)
Development &
Award
Notice to
Proceed/Mobilization
Construction Project
Management &
Special Inspections
Construction 25%
Complete
Construction 50%
Complete
Construction 100%
Complete
Contingency
Administrative Fees;
maximum of 5%
Sub -Totals
$
TOTAL Estimated
Project Cost
A&E - Architectural and Engineering; DEM — Division of Emergency Management; FY - Fiscal Year
Table SW-2. Cost Data for County Emergency Operations Center
Table SW-2.
Cost Data for County Emergency Operations Center
County Name: Monroe
NO.
System/Component
Description
Estimated
Cost
A.
ISUBSTRUCTURE
1010
Foundation
1020
Slab -on -Grade
2010
Excavation
2020
Basement Walls
2030
Elevated Foundation
B.
I SHELL ENVELOPE
B10 Superstructure
1010
1 Floor Construction
1020
Roof Construction
1030
Structural Frame
1040
Load -Bearing Wall
B20 Exterior Enclosure
2010
Exterior Walls
2011
Veneer/Cladding
2012
Louvers
2020
Exterior Windows
2030
Exterior Doors
B30 Roofing
3010
Roof Coverings
3020
Roof Openings
3021
Soffits
C.
INTERIORS
1010
Partitions
1020 Interior Doors
1030 Fittings
2010 Stair Construction
3010 Wall Finishes
3020 Floor Finishes
3030 Ceiling Finishes
D. SERVICES
D10 Conveying
1010 Elevators & Lifts
1020 Escalators & Walks
D20 Plumbing
2010 Plumbing Fixtures
2020 Domestic Water
Distribution
2021 Back-up Potable
Water System
2040 Rainwater Drainage
D30 HVAC
3010 Energy Supply
3020 Heating System
3030 C Cooling System
10
3050
Terminal & Package
Units
3090
Other HVAC Sys.
D40 Fire Protection
4010
Sprinkler Sys.
4020
Standpipe Sys.
4030
Other Sys.
D50 Electrical
5010
Elec. Service &
Distribution
5020
Lighting & Branch
Wiring
5030
Communications &
Security
5090
Other Elec. Sys.
5091 Generator Sys.
5092 UPS Sys.
E. EQUIPMENT & FURNISHINGS
1010 Commercial Equip.
1020 Institutional Equip.
1030 Vehicular Equip.
1090 Other Equip.
1091 Audio/Video Equip.
1092 Special Telecom
1093 Information Tech.
1094 Geo. Info. Sys.
F. SPECIAL CONSTRUCTION
1041 Generator Enclosure
1042 Comm. Tower
1043 Heli ad
1090 Other
G. BUILDING SITEWORK
1010 Earthwork
1020 Roadwa & Parkin
1030 Drainage & Flood
Control
1040 Security Measures
1090 Other Sitework
11
Monroe aunty C le.rk'S Or
Contract Number: 08-EC-30-11-54-01.039
MODIFICATION # 2 TO STATE -FUNDED SUSGRANT AGREEMEN
This Modification is rnade 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 sub grant of $1,099,513 of this grant $1,029,547.00 in state
funds and $69,966.00 in federal funds to Recipient; and
WHEREAS, the Agreement will expire on June 30, 2009; and
WHEREAS, the Division and the Recipient desire to modify the Agreement by extending
the term through June 30, 2010 and to modify the Agreement by amending the federal Budget
and Scope of Work as set forth in the amended Revised Attachment A -Federal.
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:
1. The Agreement is hereby extended through June 30, 2010.
2. The Revised Budget and Scope of Work, Attachment A Federal, as contained in
Modification number 2 dated February 27, 2008, is hereby amended by the second
Revised Budget and Scope of Work, Attachment A -Federal, to this Modification, which
are attached hereto and incorporated herein by reference. The Revised Budget and
Scope of Work, Attachment A -Federal, contains the additional provisions that apply only
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. Final requests for reimbursement of state funds 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 by facsimile transmission.
5. However, availability of state funds after June 30, 2009, is contingent upon legislative
appropriation beyond June 30, 2009.
6. By May 15, 2010, 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 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.
8. 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:
NAME & TITLE: G'Q-c:) ( q Q \�QIJaQ��� , OL ��
DATE: a c� I O cl
STATE OF„FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BY:
maguer; Interim Director for the'UMsion of Emergency Management
DATE:
,AONROE COUNTY A TORNEY
PROVED/AS T FORM•
• ����.--ti�G GV ,
j IL EEt-. F Vq J ^A.,:'DEL
TORT Y
AS ISTeOAT CoUN D
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
$ 2,691.00
$ 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
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 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 369-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
i0':�r ti.
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 additional 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 11 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 compliance 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 I, 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.
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 with this Modification,
effective as of the date of the last execution of this Modification by both parties.
IN WITNESS WHEREOF he parties hereto have executed this document as of the
dates set out herein. � %
RECIPIENT: M
BY:
NAME & TITLE: May\, arlq/"Sonny" McCoy
DATE: January 1
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
W. Craig Fugate, Director
DATE: Z-i Ila
M
CD. o
c-7•
- C-
ram;
MONROE COUNTY ATTORNEY
PP?Oyqp S TO FORM:
NRI NE M. LIMBE T-BARROW$
ASSISTANT COUNTY ATTORNEY
Data -OaI]A _.
N
Revised Attachment A State
Budget and Scope of Work
SCOPE OF WORK
A. The Recipient shall construct a County Emergency Operations Center (EOC). grant funds shall be consistent with Section 1(1), Ch. 2006 Use of
-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.).
s. 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, 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. Goof cover waterproofing
barriers shall meet the wind design criteria. Loose roof ballast shallnot 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 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, /, 4. design wind exposure category; 5. wind directionality
factor, Kd, 6. design internal pressure coefficient, GCp,, 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.
1. 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 (FIILSCAM), United States Air
Force Installation Force Protection Guide, or other federal or state recognized best -practices
guide(s) as approved by the Division.
N. The Recipient shall provide an initial timeline and estimated reimbursement allocation
schedule. Table SW-1, "Initial Timeline and Estimated Reimbursement Allocation Schedule" or
other similar instrument as approved by the Division may be used.
4
0. During design and construction phases of the EOC project, the Recipient shall track and
provide construction cost data for the designated EOC area as detailed in Table SW-2, "Cost
Data for County Emergency Operations Center."
11• PRODUCT 1TEMs
A. Per item IN, Recipient shall prepare an initial timeline with key milestone activities/tasks
schedule, including estimated start and end dates for each activity, and an estimate of state
reimbursement request for each activity. Table SW-1 may be used to meet this product item.
B. Per item I-C, Recipient shall submit a binding written statement that the EOC will be
dedicated for a period of not less than15 years for emergency management purposes, and
demonstrably capable of being fully activated within one (1) hour of detection of an emergency.
.C. The Recipient shall provide one (1) copy each of site survey, site master plan, spatial
needs assessment, and schematic design plan or preliminary design drawings for review and
comment by the Division. The spatial needs assessment and schematic design plan/preliminary
design may be consolidated into one document.
D. The Recipient shall provide one (1) set of substantially complete (approximately 70
percent) preliminary design construction drawings and specifications for the EOC and essential
ancillary structures for review and comment by the Division. The construction drawings shall
include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing,
and electrical drawings.
E. The Recipient shall provide one (1) set of bid -ready construction drawings and
specifications for the EOC and essential ancillary structures for review by the Division. The
construction drawings shall include site survey information, landscaping, civil, architectural,
structural, mechanical, plumbing, and electrical drawings and shall be certified by the applicable
registered or licensed design professional(s) of record.
F. The construction drawings shall demonstrate that the EOC will meet the hurricane hazard
safety criteria of ARC 4496, and the wind load, windborne debris impact, flood and security
design requirements set forth in items i.E 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,
cost allowances under said grant program. The Recipient shall also provide
environmental review and such other documentation as necessary to determine eligibility and prepared by one or more certified construction contractors that document the two cost estimatescost 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 capy(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 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, 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.
6
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 PHASE Start Date End Date
DEM Funds Other Fum
Board Contract
A rova I
Initial Payment of
201% in first Quarter
A&E Firm Selection
Site Survey and Soil
Preliminary Design,
709/a complete
Preliminary Design,
100% complete
Regulatory Review
Bid Documents)
Development &
Award
Notice to
Management &
Special Inspection
Construction 25%
Comolete
1
maximum of 5%
Sub -Totals
TOTAL_ Estimated
Pro'ect Cos'
A&E - Architecturz
Year
1
and Engineering; DEM — Division of Emergency Management; FY - Fiscal
7
Table SW-2. Cost Data for County Emergency Operations Center
Revised Attachment A - Federal
Budget and Scope of Work
As a Hazard Mitigation Grant Program project, the Recipient, Monroe County, will conduct a
fications needed to wind retrofit the new
Phase I engineering feasibility study to identify modi
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 11 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 May 8, 2009.
Schedule of Work
State Contracting: 3 Months
Request for A/E Proposal & Review: 3 Months
Bidding of Design: 3 Months
En ineerin !Architectural D si n: § Months
Total Period of Performance: 15 Months
Line Item Budget*
Survey, Engineering Design,
Project Cost
Federal Share
Local Share
Environmental Permitting:
Sub -total:
tM.700.00
67 275.00
22 425.00
Administra ive Cost:
Total:
$ 89,700.00
0.0
$ 67,275.00
2 691.00
$ 22,425.00
$ 0.00
$ 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 Summa
Federal Share: $67,275.00 (75%)
Local Share: 22 425.00 (25%)
Total Project Cost: $89,700.00 (1b0%)
Recipient Administrative Allowance up to $2,691.00
The materials and work funded pursuant to this Subgrant Agreerent are intended to decrease
the vulnerability of the building to property losses and are specifrcolly 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 shalt
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, 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 381-Design and Construction for Community Shelter, and thus does not provide "near
absolute protection." It is understood and agreed by the Department and the Recipient that the
building may have vulnerabilities due to age, design and location which may result in damage to
the building from wind events even after the installation of the mitigation measures funded under
this Subgrant Agreement. It is further understood and agreed by the Department and the
Recipient that the level of wind protection provided by the mitigation action, although meeting
State standards and codes and enhancing the structural integrity of the building, does not ensure
the safety of survival of building occupants.
11
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-133, 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 not required.
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 provisions of OMB Circular A-133,
as revised, the cost of the audit must be paid from non -Federal resources (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 Circular 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 direct[ of the following:to each
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[an electronic copy shall also be submitted to aurilla.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-1 33, 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 10«' Street
Jeffersonville, IN 47132
Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
12
Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall submit a
copy of the reporting package described in Section .320 (c), OMB Circular A-133, 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 aurilla.parrish@dca.state.fl.usj
and
Division of Emergency Management
Bureau of Policy and Financial Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2160
13
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-110, "Grants and Agreements with Institutions of
Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-
87, "Cost Principles for State and Local Governments," OMB Circular No. A-21 "Cost Principles
for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit
Organizations." If this Agreement is made with a commercial (fpr-profit) organization on a cost -
reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and
931.2.
14
Attachment G
Federal Standard Conditions
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
declared ineligible, or voluntarily debarred,
ex hided fromcovered transactions by a federal d 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 bf federal or state antitrust
statutes or commission of embezzlement, theft, forgery, bribery; falsification or destruction of
records, making false statements, or receiving stolen property;
3. 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 Debarment, Suspension, Ineligibility And
Voluntary Exclusion" (Attachment K) for each prospective subcontractor which Recipient intends
to fund under this Agreement. Such form must be received by the 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, Fla. Stat. 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. 10a.
15
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 funds have been paid or wlll 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 making 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.
2. 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 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 this Federal contract, grant, loan or, cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form 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 subrecipients 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 Section 1352, Title 31, U.S. Code. Any
person who fails to file 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
Debarment, Suspension, Inellgjbility.
And Voluntary Exclusion'
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:
By:
Signature
Recipient's Name
Name and Title Division Contract Number
Street Address
City, State, Zip
Date
17
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:
1. 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 State 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 private 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 notify the Federal grantor agency of the receipt of any
communication from the Director of the EPA Office of Federal Adtivities 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 Stat. 975; approved December 31, 1976,
Section 102(a) requires, on and after 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 u1se in any area that has been
identified by the Secretary of the Department of Housing and Urban Development as an area
having special flood hazards. The phrase "Federal financial ass€$tance" 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), Executive Order 11593, and the
Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting
with the State Historic Preservation Officer on the conduct of Inve�tigations, 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 giants 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, Nondiscrimination/Equal Employment
Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National
Environmental Policy Act; Part 63, Floodplain Management anal 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 non-discrimination requirements of
the Omnibus Crime Control and Safe Streets Act of 1968, as ainended, 42 USC 3789(d), or
Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended;
Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title 11 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 USC 3501 et seq.) which prohibits the expenditure of most new Federal
funds within the units of the Coastal Barrier Resources System.
16. 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
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 WORK.
The Recipient shall fully perform the obligations in accordance with the Budget and
Scope of Work, Attachment A of this Agreement.
(2) INCORPORATION OF LAWS R n ES REGULATIONS AND POLICIES
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) MODIFICATION OF CONTRACT
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) RECORDKEEPING
(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 five 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:
1. 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 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be
limited to, auditors retained by the Division.
I
(6) AUDIT 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 8:00 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) If the Recipient is a nonstate entity as defined by Section 215.97, Fla. tat., 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, Fla. 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 1 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 entity for Federal program matching requirements.
In connection with the audit requirements addressed in this Paragraph 6(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), Fla. tat. 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, Fla. Stat, 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
K
provisions of Section 215.97, Fla. Stat, the cost of the audit must be paid from the nonstate 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:
http::.'wEawr.sfate fl us'fsaa'statutes h+ml.
(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 directly 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 aurllla.parrish@dca.state.fl.us]
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
111 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-133, 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
rd
entities) or 10.650 (nonprofit and for -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.
(9) 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. Stat. 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) REP RT
(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 (11) REMEDIES. "Acceptable to the Division" means that the work product
was completed in accordance with the Budget and Scope of Work.
5
the Division. (e) The Recipient shall provide such additional program updates or information as may be required by
(8) MONITORING.
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 addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section
215.97, Fla. tat. (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-133, 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) LIABILITY.
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the
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. Stat., agrees to
be fully responsible to the extent provided by Section 768.28 Fla. 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
2
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.
If any of the following events occur ("Events of Default"), all obligations on the part of the Division to mak,
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 01), 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 fails 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.
01) REMEDIES.
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 exter
of non-compliance or lack of performance,
2. issuing a written warning to advise that more serious measures may be taken if 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 the 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.
(13) NOTICE AND C NTACT.
(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 identified 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: ienene.helmsC'em mvflorida com
(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 Simonton Street
Key West, Florida 33040
Telephone: 305-292-4426
Fax: 305-295-4321
Email: Koppel-Dave@monroecounty fl Qov
(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.
W
(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, (ii) 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 by law. 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, Fla. tat.
05) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(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 1 - 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) FUNDING/CONSIDERATION
(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. Stat.. 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.
1 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) REPAYMENTS
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 32399-2100
In accordance with Section 215.34(2), Fla. Stat., 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) VENDOR PAYMENTS.
Pursuant to Section 215.422, Fla. Stat., the Division shall issue payments to vendors within 40 days after
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 assistanc(
by contacting the Vendor Ombudsman at (850) 413-5516.
(20) STANDARD 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 o
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 lie 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.
(f) 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,
1?
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.
(9) 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, Fta. tat. 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.
U) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in
accordance with Section 112.061, Fla. Sat.
(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. tat., 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. Stat.
(21) STATE LOBBYING PROHIBITION. No funds or other resources received from the Division in connectior
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 OR 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 property.
(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 State 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.
(ii) Manufacturer's serial number, model number, Federal stock number, national stock number,
or other identification number.
(iii) 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.
(viii) 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 physical 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 $5000 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 shall 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.
(ii) 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. If 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) LEGAL AUTHORIZATION.
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) ASSURANCES.
IN WITNESS WHEREOF, the parties
hereto have caused this contract to be executed by their undersigned officials as duly authorized.
Recintent:
Monr ty
:j
Name and title: Mario DiGennaro Mayor
Date: June 20, 2007
SAMAS #
The Recipient shall comply with any Statement of Assurances
FID# 59-6000749
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: W 0j-p
V V �
Date: $ -1..
m
MONROE COUNTY ATTORNEY
APPROVED AS T FOFft4:
l( JvAT{ C
LEENE W. CAS�•t'L
ASSISTANT COUNTY ATTORNE-
Date C C+ 7
jr 7:;f �.
EXHIBIT -1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF TI
FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
Federal Pro ram list Federal a enc Catalo of Federal Domestic Assistance title and number -
amount
SUBJECT TO SECTION 215 97 FLORIDA STATUTES
Florid a_ Statutes ""'"" '�'d' s�aze nnanci I assistance awarded that is subiect to Section 215.9i
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. (VOTE. 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
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 1 be provided to the recipient.
19
Attachment A
Budget and Scope of Work
SCOPE OF WORK
A. The Recipient shall construct a County Emergency Operations Center (EOC). Use of grant funds shall be
consistent with Section 1(1), Ch. 2006-71, Laws of Florida. Grant funds shall not be used for land acquisition; purchase a
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 622 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, 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
,)n
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, ,; 4. design wind
exposure category; 5. wind directionality factor, Kd, 6. design internal pressure coefficient, GCp,, 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.
1. 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."
?1
11. PRODUCT ITEMS
A. Per item IN, Recipient shall prepare an initial timeline with key milestone activities/tasks schedule, including
estimated start and end dates for each activity, and an estimate of state reimbursement request for each activity. Table
SW-1 may be used to meet this product item.
B. Per item I-C, Recipient shall submit a binding written statement that the EOC will be dedicated for a period of not
less than15 years for emergency management purposes, and demonstrably capable of being fully activated within one (i
hour of detection of an emergency.
C. The Recipient shall provide one (1) copy each of site survey, site mIAter 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 (approximate) 70percent)
desi
construction drawings and specifications for the EOC and essential ancillary structures or review and comment by the n
Division. The construction drawings shall include site survey information, landscaping, civil, architectural, structural,
mechanical, plumbing, and electrical drawings.
E. The Recipient shall provide one (1) set of bid -ready construction drawings and specifications for the EOC and
essential ancillary structures for review by the Division. The construction drawings shall include site survey information,
landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings and shall be certified by the
applicable registered or licensed design professional(s) of record.
F. The construction drawings shall demonstrate that the EOC will meet the hurricane hazard safety criteria of ARC
4496, and the wind load, windborne debris impact, flood and security design requirements set forth in items LE through
I.M. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in
denial of funds.
G. Per item 1.13, 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 item. . Table SW-2 shall be used to meet this product
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.
21
III. SCHEDULE OF WORK
A. By June 30, 2007, the Recipient shall provide the Division with Product Items A and B for review and approval.
Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial c
funds.
B. By September 30, 2007 and at least on a quarterly basis thereafter, Recipient shall report on progress in relation
provided 30 calendar days to review and provide comments of product items pertaining to compliance with the
to the initial timeline, and submit Product Items C through H in a timely manner as accomplished. The Division shall be
scope -of -
work. The Recipient shall also submit invoices for reimbursement for work accomplished in accordance with the Di
approved cost reimbursement allocation schedule referenced in Product Item A. vision
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, 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
PROJECT
Board
Initial Payment of
20% in first quarter
A&E Firm Selection
Site Survey and Soil
Testin
Spatial Needs
Assessment
Preliminary Design,
70% complete
Preliminary Design,
100% complete
Regulatory Review
Btd Document(s)
Development &
Award
Notice to
construction Project
Management &
Special Inspections
Construction 25%
Complete
Construction 50%
Complete
Construction 100%
Complete
County Name: Monroe
End Date DEM Funds
Administrative Fees;
maximum of 5%
Sub -Totals
TOTAL Estimated $1,029,547
Project 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
A. SUBSTRUCTURE
1010 Foundation
1020 Slab -on -Grade
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-Bearinq Wall
2910A Exterior
2011 Veneer/
2012 Louvers
2020 Exterior
B30 Roofin
3010
Roof Coveri
3020
Roof O enir
3021
Soffits
C.
INTE8IOR5
1010
Partitions
1020
Interior Door
1030
Fittinm
all Finishes
oor Finishes
ilin Finishes
t
RVICES
0Conveying
vators & Lifts
10201
Escalators & Walks
Plumbin
bin Fixtures
estic Water
bution
-up Potable
ZRainWater
r S stern
ater Draina eHVACv
G, innly
25
Estimated
Cost
3020 Heating System
3030 Cooling System
3050 Terminal & Package
Units
3090 Other HVAC S s.
040 Fire Protection
4010 S rinkI r S s.
4020 Stand i e Sys.
4030 Other S S.
D50 Electrical
5010 Elec. Service &
Distribution
5020 Lighting & Branch
Wirin
5030 Communications &
Securit
5090 Other Elec. S s.
5091 Generator S s.
5092 UPS S s.
E. EQUIPMENT & FURN[
1010 Commercial E ui .
1020 Institutional E ui .
1030 Vehicular E ui
1090 Other E ui .
1091 Audio/video E ui .
1092 S ecial Telecom
1093 Information Tech.
1094 Gen. Info. 0-
F. SPECIAL CONSTRUCTI
1041 Generator Enclosure
1042 Comm. Tower
1043 Heli ad
1090 Other
G. BUILDING SITEWORK
1010 Earthwork
1020 Roadwa & Parkin
1030 Drainage &Flood
Control
1040 Securit Measures
1090 Other Sitework
26
Attachment B
Program Statutes and Regulations
1. Sections 215.555(7)(c) and 215.559, Florida Statutes
2. Chapter 252, Florida Statutes
3. Chapter 287, Florida Statutes
4. Chapter 119, Florida Statutes
5. Chapter 60A-1, Florida Administrative Code
6. Chapter 9G-19, Florida Administrative Code
27
Attachment C
JL'STIFICATION OF
ZECIPIENT:
ADVANCE PAYMENT
ndicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on
which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 2I6.181(16)(a) and (b),
{lorida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial
hree months.
( f NO ADVANCE REQUESTED
No advance payment is requested. Payment
will be solely on a reimbursement basis. No
additional information is required.
ADVANCE REQUEST WORKSHEET
f ] ADVANCE REQUESTED
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefits to clients, duplicate
forms and purchase start-up supplies and equipment. We
would not be able to operate the program without this advance.
If you are requesting an advance, complete the following worksheet
(A) (B) (C) (D)
DESCRIPTION FFY 2002 IFFY 2003 FFY 2004 Total
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES'
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 by line 1.)
First three months expenditures need Doty F►e provided for the years in which you requested an advance. If you do not have this
information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
Cell D3 X $ _
DEM Award MAXIMUM
(Do not include any match) ADVANCE
MQUEST AIVER OF CALCULATED SITED MAXIMUM
[ ) Recipient has no previous DEM contract history. Complete Estimated Expenses chart and Explanation of
Circumstances below,.
( ) 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.
BUDGET CATEGORY
ADMINISTRATIVE COSTS
Include Secondary Administration.)
PROGRAM EXPENSES
I TOTAL EXPENSES
Ex planation of Circumstances
2004-2005 Anticipated Expenditures for First Three .Nlonths of
Contract
29
Attachment D
Warranties and Representations
Financial Manao_ ement
Recipient's financial management system shall provide for the following;
(1) Accurate, current and complete disclosure of the financial results of this
(2)
(3)
project or program
Records that identify adequately the source and application of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations,
outlays, income and interest. obligations, unobligated balances, assets,
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,
ro riate,
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.
Q etition.
All procurement transactions shall be conducted in a manner to provide,
competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractor
P to the maximum extent practical, open and free
may restrict or eliminate competition or otherwise restrain trade. in order to ensure objective contractor performance an
eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statementss that
invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. A d
be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous of work,
Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that.wards shall
offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may to the
when it is in the Recipient's interest to do so. the bidder or
y be rejected
Codes of conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees en
award and administration of contracts. No employee, officer, or agent shall participate in the selection, award or
administration of a contract supportedY gaged in the
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,
partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial
other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shalt neither his l or
her
nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standard
conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees,ether solicit
agents of the recipient,
s of
or
Business Hours
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
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for
particular work for which they are hired by the Recipient. all of the
31