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Item C14BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 16 2008 Bulk Item: Yes X No Division: En 'neering Department: En 'neerinn Staff Contact /Phone: Dave Koppel.N4427 AGENDA ITEM WORDING: Approval to execute Modification #1 to the Division of Emergency Management (DEM) State Funded Subgrant Agreement no. 08-EC-30-11-54-01-039 that adds $69,966 Federal funding for an EOC hardening feasibility study required by the State Hazard Mitigation Grant Program (HMGP). I I ZAt DAL.K%AxKVUN0: in June 2006 the Department of Community Affairs (DCA) announced a competitive grant application process to construct or improve county emergency operations centers. The Monroe County funding proposal was approved in February 2007 and the subgrant agreement for $1,029,547 was approved by the BOCC in June 2007. An additional $962,706 of Federal funding was approved by the State Hazard Mitigation Grant Program (HMGP); $69,966 for Phase I (feasibility study) and $895,431 (construction). These funds represent 75% of project costs and Monroe County must provide 25% matching funds. PREVIOUS RELEVANT BOCC ACTION: At the BOCC meeting on May 18, 2005 the BOCC granted approval to apply and for the Mayor to sign HMGP FY 2005 application, to relocate, design and construct a permanent and dedicated EOC. The BOCC granted approval to apply for a Statewide Competitive Grant to Construct or Improve the Monroe County Emergency Operations Center, as prepared by Langton and Associates at the July 2006 meeting. The BOCC granted approval to execute a Division of Emergency Management (DEM) State Funded Subgrant Agreement in the amount of $1,029,547.00 toward construction of a new EOC at the June 2007 meeting. CONTRACT/AGREEMENT CHANGES: Modification #1 amends scope of work and adds Federal funding amount of $69,966 to provide for Phase I of HMCP portion of funding. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL ESTIMATED COST: $92,391 BUDGETED: Yes X (FY09) No COST TO COUNTY: $22,425 (25010 match) SOURCE OF FUNDS: Fund 304 REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included DISPOSITION: Revised 8/06 Not Required AGENDA ITEM # Engineering Division MEMORANDUM To: The Monroe County Board of County Commissioners From: David S. Koppel, P.E. Division Director, Engineering Date: January 2, 2008 Re- Modification #1 to State Funded Sub -agreement The Engineering Division is requesting approval of Modification #1 to the Subagreement with the State of Florida Division of Emergency Management (DEM) for funding to construct a new Emergency Operations Center (EOC). The Subagreement, which provided a $1,029,547 grant to design and construct a new EOC to local building code standards, was approved by the BOCC in June 2007. The Hazard Mitigation portion of the grant program represents federal funding for the increased cost to "harden" an EOC building to standards greater than the local building codes. Modification #1 awards Monroe County $69,966 ($67,275 grant, $2,691 administrative expenses) for Phase I scope of work for hazard mitigation, which includes performing a feasibility study and engineering design of the hardening of the EOC building. Once DEM receives and approves the feasibility study and design of the hardening, it will award the Phase II (construction) grant of $895,431. Both the $67,275 Phase I grant and the $895,431 Phase II grant represent 75% of project costs; Monroe County is required to provide the 25% matching funds. Staff supports approval of this modification. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: �� V1s)6h o Contract #_ 08-EC-30-11-54-01-039 r %ijan,tr� Effective Date: November 14, 2007 Contract Purpose/Description: Expiration Date: May 9, 2009 Modification #1 to Subgrant Agreement for funds to construct an Emereencv +.wiui a i�a�lUllll SIuc cost benefit analysis to "harden" the EOC to higher wind load ratings that standard buildi Codes require. County must provide 25% match of $22,425 Contract Manager: David Koppel 4427 - Engineering/# 1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 1/16/08 Agenda Deadline: 0/08 CONTRACT COSTS Total Dollar Value of Contract: $ $92,391 Current Year Portion: $ 0 Budgeted? Yes[] No ® Account Codes: Grant: $ 69,966 - County Match: $ 22,425 [fydq Estimated Ongoing Costs: $ ADDITIONAL COSTS /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Division Director 1°'+-6� Yes❑ No[S ,��}} f Risk Manag ent (1� Yes[] Nog/ #2J4C, O.M.B./PurchaVing L- -O'K Yes NoFJ County Attorney �02 31 p-1 Yes[] No© Comments: OMB Form Revised 2/27/01 MCP 72 Date Out "9 G 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 II activities are approved. Failure to comply with this condition could result in the loss of all funding for this project. 4. Attachment E, Federal Audit Requirements, is attached hereto and incorporated herein by reference. Attachment E is required for compliance with federal standards. 5. Attachment F, Federal Recordkeeping, is attached hereto and incorporated herein by reference. Attachment F is required for compliance with federal standards. 6. Attachment G, Federal Standard Conditions, is attached hereto and incorporated herein by reference. Attachment G is required for 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, the parties hereto have executed this document as of the dates set out herein. RECIPIENT: MONROE COUNTY BY: NAME & TITLE: DATE: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT BY: W. Craig Fugate, Director DATE: MONROE COUNTY ATTORNEY APPROVED AS TO FORM: CHRISTIN . LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date �� �a 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, GCp; _ +/_ 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, 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. 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. 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." II. PRODUCT ITEMS A. Per item M, 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 LB, Recipient shall submit a complete HMGP application, benefit -cost analysis, environmental review and such other documentation as necessary to determine eligibility and cost allowances under said grant program. The Recipient shall also provide two cost estimates prepared by one or more certified construction contractors that document the cost of constructing the facility to meet current building code wind and flood design requirements, and the cost premium of constructing the facility to the above -code wind and flood requirements set forth in items 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, 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. 0 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 I DEM Funds Other Funds Board Contract A roval Initial Payment of 20% in first uarter A&E Firm Selection Site Survey and Soil Testin Spatial Needs Assessment Preliminary Design, 70% com lete Preliminary Design, 100% complete Re ulato Review Bid Document(s) Development & Award Notice to Proceed/Mobilization Construction Project Management & -Special Inspections Construction 25% -Complete Construction 50% Com lete Construction 100% Com lete Contin enc Administrative Fees; maximum of 5% Sub -Totals TOTAL Estimated $1,099,513 Project Cost A&E - Architectural and Engineering; DE M — 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 NO. I System/Component A. SUBSTRUCTURE 1010 Foundation 1020 _ Slab -on -Grade 2010 Excavation 2020 Basement Walls 2030 Elevated Foundation B. SHELL ENVELOPE 810 Su erstructure 1010 Floor Construction 1020 Roof Construction 1030 Structural Frame 1040 Load-Bearin Wall B20 Exterior Enclosure 2010 Exterior Walls 2011 Veneer/Claddin 2012 Louvers 2020 Exterior Windows 2030 Exterior Doors B30 Roofing 3010 Roof Coverin s 3020 Roof O enin s 3021 Soffits C. INTERIORS 1010 Partitions 1020 Interior Doors 1030 ttin s 2010 Stair Construction 3010 Wall Finishes 3020 Floor Finishes 3030 Ceilin Finishes D. SERVIC:F.q 10 Conveyinglevators & Lifts scalators & Walks 20Plumbinlumbin Fixtures omestic Water istributionack-up Potable U ater S steminwater Draina e 0 HVACer Su Iatin S stemoling Svctam County Name: Monroe Description Estimated Cost 91 3050 1 Terminal & Package Units her HVAC S s.0 Fire Protectionrinkler S s.nd i e S s.er S s.0 Electricalc. t Service &tributionhting & Branchinmunications & 5090 Other Ele,. Sys. 5091 Generator Sys. -- 5092 UPS Sys. -'-`- E. EQUIPMENT & FURNIS_HINGS 1010 Commercial E ui . 1020 Institutional E ui . 1030 1 Vehicular E ui . 1090 Other E ui . 1091 Audio/Video E ui . 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 Roadway&Parkin 1030 Drainage & Flood Control 1040 1 Security Measures 1090 I Other Sitework 0 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 If 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 May 8, 2009. Schedule of Work State Contracting: 3 Months Request for A/E Proposal & Review: 3 Months Bidding of Design: 3 Months Enoineerin4/Architectural Des� 6 Months Total Period of Performance: 15 Months Line Item Budget* Survey, Engineering Design, Project Cost Federal Share Local Share Environmental Permitting: Sub -total: $ 89.700.00 67 275.00 22 425.00 Administrative Cost: Total: $ 89,700.00 0.00 $ 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 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 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 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 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 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 directly to each of the following: 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-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 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.us] and Division of Emergency Management Bureau of Policy and Financial Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 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 (for -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 debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, 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 of 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 will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the 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 1 Federal Certification Regarding Debarment, Suspension, Ineligibility 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 Name and Title Street Address City, State, Zip Date Recipient's Name Division Contract Number 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 Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 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 use 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 assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), 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 Investigations, 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 appropriate; the provisions of the current edition of the Office of Justice Pramended, the Juvenile Justice and Delinquency Prevention Act, or the Victograms Financial and ims of Crime Act, as 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 grants 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 and 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 amended, 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 II 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 funds within the units of the Coastal Barrier Resources System. new Federal 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