Okaloosa County BOCC — January 19, 2016 — Bluewater Bay MSBU Agreement — reading text

included in the final design plans, narrative and project implementation actions. If not permit is require, the Recipient shall submit notification of no permit required (NPR) form the NWFWMD and/or the USACE. 6) Tribal Consultation shall be required for proposed ground disturbing activities. Following documents shall be required and submitted as part of deliverables: a) Horizontal limits and vertical depths of ground disturbance in feet and square feet (mapped) with locations of staging areas marked; b) Geographic latitude/longitude of the proposed construction areas; c) Previous and current use of proposed project area; d) Any known site work or historic uses for the proposed location; e) Proposed future use of project location; f) Any available studies that may have taken place on the property. g) Indicate if project site is located within designated historic district or historic neighborhood 7) Phase I of this project is approved with the condition that the above list of deliverables shall be submitted for review and approval by the Division and FEMA before Phase II is considered. No construction work may begin until Phase II is approved by the Division and FEMA. 20 D) Programmatic: 1) Demonstrate mitigation effectiveness, in part, by showing the physical location(s) and elevation(s) of the infrastructure/structures that is being damaged and the Federal Emergency Management Agency (FEMA) Special Flood Hazard Areas on the same plan. 2) A change in the Scope of Work shall be approved by the Division and FEMA in advance regardless of the budget implications. 3) The Recipient shall notify the Division as soon as significant developments becomes known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 4) The Recipient shall “obtain prior written approval for any budget revision which would result in a need for additional funds” [44 CFR 13(c)], from the Division and FEMA. 5) Any extension of the Period of Performance (POP) shall be submitted to FEMA, 60 days prior to the expiration date. Therefore, any request for a POP extension shall be in writing and submitted along with substantiation of new expiration date, and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing to FEMA. 6) The Recipient shall avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. FINANCIAL CONSEQUENCES: 1) If the Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: a) Temporarily withhold cash payments pending correction of the deficiency by the Recipient; b) Disallow all or part of the cost of the activity or action not in compliance; c) Wholly or partly suspend or terminate the current award for the Recipient’s program; d) Withhold further awards for the program; or e) Take other remedies that may be legally available. This is FEMA project number 4177-6-R, funded under HMGP 4177-DR-FL. FEMA approved this project June 23, 2015 and the project shall begin upon execution. The POP for Phase I end June 23, 2016. Schedule of Work: State Contracting: 3 Months Engineering, Design & Permitting Document 3 Months Preparation: Topographic/Existing Conduct Survey: 1 Month 21  H&H Assessment: 3 Months Agency Coordination & Permits 2 Months Total: 12 Months BUDGET Line Item Budget* Project Cost Federal Share Local Share** Design, Eng, Surveys & Permits: $120,240.00 $90,180.00 $30,060.00 Topographic Survey $10,000.00 $7,500.00 $2,500.00 Total: $130,240.00 $97,680.00 $32,560.00 * 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. **Local Share in the amount of $10,000.00 will be met by the Recipient through In-Kind (In-House) services. Funding Summary Federal Share: $97,680.00 (75%) Local Share: $32,560.00 (25%) Total Project Cost: $130,240.00 (100%) The project cost is inclusive of administrative cost. 22  Attachment B Program Statutes and Regulations 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 statutes 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 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. The Recipient shall not deviate from the approved project and the terms and conditions of this Agreement. The 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. The 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. The 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. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, than the 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; 23  (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 designed 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 44 CFR 206.438(b). The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEPA process. You are reminded that no construction may occur in this phase that a full environmental review must be completed prior to funding Phase II. As a reminder, the Recipient must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments: (1) For Construction projects, the grantee must “obtain prior written approval for any budget revision which result in a need for additional funds” (44 CFR 13(c)); (2) A change in the Scope of Work must be approved by FEMA in advance regardless of the budget implications; and (3) The Recipient must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower cost or earlier completion. Any extensions of the period of performance must be submitted to FEMA sixty days prior to the project expiration date. STATEMENT OF