Loading...
2nd Modification 01/21/2022 C �t STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis Kevin Guthrie Governor Director February 1 , 2022 Mr. Cary Knight, Director Department of Project Management 1100 Simonton Street, RM 2-216 Key West, Florida 33040 Re: Project #4337-066-R, Monroe County Board of County Commissioners Dear Mr. Knight- Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract modification number two (#2) (Contract #H0206) between Monroe County Board of County Commissioners and the Division of Emergency Management. Please email all Requests for Reimbursement (Attachment D) to the project manager at Carmen.Acosta@em.myflorida.com. The Project Manager for this contract is- Carmen Acosta, Project Manager Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 If you have any specific questions regarding the contract or the Request for Reimbursement form, please contact Carmen Acosta at (850) 692-9458. Respectfully, Digitally signed by Laura Dhuwe Laura DN cn=Laura Dhuwe,o=DEM, u=Mitigation, omail=Lau ra Dhuwe@em myFloridac m,c=US Dhuwe Date:2022.02.01 1036:12-05'00' for Miles E. Anderson Bureau Chief, Mitigation State Hazard Mitigation Officer Enclosure D IV IS 10 N H EA DO U A RTE R S Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.org 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Contract Number: H0206 Project Number: 4337-66-R MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS This Modification Number Two made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and Monroe County Board of County Commissioners ("the Sub-Recipient") to modify Contract Number H0206, dated January 14, 2020, ("the Agreement"). WHEREAS, the Division and the Sub-Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to the Sub-Recipient under the Hazard Mitigation Grant Program of$916,071.21, in Federal Funds; and WHEREAS, the Division and the Sub-Recipient desire to modify the Agreement; and WHEREAS, the Agreement expired on November 30, 2021; and WHEREAS, the Division and the Sub-Recipient desire to reinstate and extend the terms and increase the Federal Funding under the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated and extended as though it had never expired. 2. Paragraph 8 of the Agreement is hereby amended to read as follows: (8) PERIOD OF AGREEMENT This Agreement shall begin January 14, 2020 and shall end May 31, 2022, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. 3. The Agreement is amended to increase the Federal Funding by $44,581.12, for the maximum amount payable under the Agreement to $960,652.33, (Nine Hundred Sixty Thousand Six Hundred Fifty-Two Dollars and Thirty-Three Cents) 4. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as set forth in 2nd Revised Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 5. All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective on the date of execution of this Modification by both parties. 6. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 7. Quarterly Reports are due.to the Division no later than 15 days after the end of each quarter of the program.year and shall be sent each quarter until submission of the administrative dose-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. SUB-RECIPIENT: MONROE'COUNTY BOARD OF C •• ONERS By _ /0:714 1 c 1 KEVIN MADOK, CLERK Name and Title: Mayor David Rice . m As Deputy Clerk Date: January 21.2022 STATE OF FLORIDA DMSION,OF EMERGENCY MANAGEMENT Laura Dhuw ,.� for By: Name and Title: Kevin Guthrie, Director Date: 2/1/2022 - r, r. Approved as to form and legal sufficiency: ? r Monroe County Attorney's Office 1-13-2021 0 �• _:—ni o 41 J 7,3 Assistant County Attorney r-- >� Attachment A (2"d Revision) Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to provide a FEMA P-361 Standards safe room at a new Emergency Operations Center(EOC) in Marathon, Monroe County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-066-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The Sub-Recipient, Monroe County Board of County Commissioners, shall conduct Phase I — Design of this project, which includes the engineering designs and calculations, surveys, permitting, and notices. No construction activities are approved at this time. The Sub- Recipient shall complete the Phase I work in accordance with all applicable federal, state and local laws, regulations and codes. PROJECT OVERVIEW: As a Hazard Mitigation Grant Program project, the Sub-Recipient proposes to construct a new Emergency Operations Center to FEMA P-361 Standards located at 9000 Overseas Highway, Marathon, Florida, 33050. Coordinates (24.720930, -81.061713). The scope is for Phase I only, which includes but is not limited to surveying, engineering, design, plans preparation, permitting and bidding for the proposed project, for Phase 11 approval. The design proposed for Phase 11 scope shall include construction of a new Emergency Operations Center to FEMA P-361 Standards for Monroe County, designed to protect against 220 MPH or above wind speed in order to serve the first responders, emergency managers, and other disaster staff that must remain behind, in the event of a hurricane impacting Monroe County. Wind protections shall be provided on any other opening such as vents, louvers and exhaust fans. All installations shall be in strict compliance with the FEMA P-361 specifications, and all materials shall be certified to meet wind and impact standards. The local municipal or county building department shall inspect and certify installation according to the manufacturer specifications. The project shall provide protection to flood and wind against a 500-year event and the generator shall be protected against wind with a rated enclosure based on its location requirements. Activities shall be completed in strict compliance with Federal, State and Local Rules and Regulations. TASKS &DELIVERABLES: A) Tasks: 1) The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub-Recipient's procurement policy as well as all Federal and State Laws and Regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing engineering designs to be presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub-Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub-Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub-Recipient. The Sub-Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub-Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub-Recipient shall monitor and manage the Phase I portion of this project in accordance with the Hazard Mitigation Grant Program application and supporting documentation as submitted to the Division and subsequently approved by the Division and FEMA. The Division and FEMA shall render a Phase 11 determination upon completion of the review of Phase I deliverables. No construction activities are approved at this time. The Sub-Recipient shall ensure that all applicable state, local and federal laws and regulations are followed and documented, as appropriate. Phase I consists of fees; for conducting survey, study, engineering, design, public notices, and/or permitting associated with the design of a FEMA P-361 Standards structure. Verification shall be necessary for determining project eligibility. All Phase I work shall be completed in accordance with all applicable state, local and federal laws and regulations and documented, as appropriate. Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation shall include: a) Copy of permit(s), notice of commencement. b) Two sets of engineering Signed/Sealed final design and analysis, and surveying. c) Construction Plans and bid documents. d) Revised cost estimate for Phase 11 —construction (include Phase I costs), to implement the design project. e) All Product Specifications / Data Sheet(s) (technical standards) satisfying protection requirements on all products utilized. f) Color Aerial Maps. g) Color photographs of the project area. h) Letter from the Floodplain manager verifying the project is in compliance with local floodplain ordinances/regulations. i) Proof of compliance with Project Conditions and Requirements contained herein. j) Any other documentation requested by the Division, not limited to Project Conditions and Requirements herein. 3) During the course of this agreement, the Sub-Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient's project personnel with each reimbursement request attesting to the completion of the work, that disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by subcontractors and pay subcontractors for approved bills, invoices, and/or charges. Sub- Recipient shall ensure that all subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Sub-Recipient Management Costs (SRMC): The Sub-Recipient shall pre-audit source documentation — personnel, fringe benefits, travel, equipment, supplies, contractual, and indirect costs. A brief narrative is required to identify what the funds will be used for. Documentation shall be detailed and clearly describe each approved task performed, hours devoted to each task, and the hourly rate charged including enough information to calculate the hourly rates based on payroll records. Employee benefits and tasks shall be clearly shown on the Personnel Activity Form. Project Management Expenses: The Sub-Recipient shall pre-audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third party in-kind services, if applicable, shall be conducted by the Division in coordination with the Sub-Recipient. Quarterly Reports shall be submitted by the Sub-Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub-Recipient shall submit to the Division requests for reimbursement of actual Phase I costs related to the project as identified in the project application and this scope of work. The Requests for Reimbursement (RFR) shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub-Recipient's Request for Reimbursement shall include the final Phase I project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverables: Mitigation Activities consist of Phase I activities,which include engineering, designing, plans preparation, permitting and bidding for the proposed project, for Phase 11 approval, to implement measures to construct a new Emergency Operations Center, to FEMA P-361 Standards, located at 9000 Overseas Highway, Marathon, Florida 33050. Wind protections shall be provided on any other opening such as vents, louvers and exhaust fans. All installations shall be in strict compliance with the FEMA P-361 specifications, and all materials shall be certified to meet wind and impact standards. Protection shall be designed to withstand a wind speed of 220 MPH. The structure shall be hardened above the Florida Building Code requirements. Protection shall be provided on all exterior openings, such as skylights, vents, louvers and exhaust fans on building(s). Pursuant to subsection 553.896(2), Florida Statutes, projects including the construction of new or retrofitted window or door coverings must conform to design drawings that are signed, sealed, and inspected by a structural engineer who is registered in this state. The Sub-Recipient shall provide an inspection report and attestation or a copy of the signed and sealed plans to the Division before payment will be made. Provided the Sub-Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub-Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C) Engineering: 1) The Sub-Recipient shall submit Engineering plans and bidding documents prepared to complete the project. Wind protection shall be provided on any opening such as vents, louvers, and exhaust fans. All installation shall be in strict compliance with the FEMA P- 361 specifications, and all proposed materials shall be certified to meet wind and impact standards. 2) Design documents shall provide a detailed description that includes specifics on project scope of work, depth and extent of ground disturbance at all construction locations of the project. 3) Submit a refined cost estimate, to include Phase I Fees and Phase II Construction Materials and Labor. 4) This project shall be designed by the criteria contained in the standards of the Department of Homeland Security, Federal Emergency Management Agency guidance manual FEMA 361-Design and Construction for Community Safe Room, to provide "near absolute protection". It is further understood and agreed by the Division and the Sub-Recipient that the level of wind protection provided by the mitigation ensures the safety or survival of building occupants. D) Environmental: 1) Any conditions for compliance shall be included in the final design plans, narrative and project implementation actions. 2) The Sub-Recipient shall follow all applicable state, local and federal laws, regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. If project is delayed for a year or more after the date of the categorical exclusion (CATEX), then coordination with and project review by regulatory agencies must be redone. 3) Any change, addition or supplement to the approved mitigation measure or scope of work that alters the project (including other work not funded by FEMA, but done substantially at the same time) shall require resubmission to the Division and FEMA for revaluation of compliance with the National Environmental Protection Act (NEPA) and Section 106 of the National Historic Preservation Act (NHPA) prior to initiation of any work. Non-compliance with these requirements may jeopardize FEMA's ability to fund this project. A change in the scope of work shall be approved by the Division and FEMA in advance regardless of the budget implications. 4) Acceptance of Federal funding requires Sub-Recipient to comply with all Federal, State and Local Laws. Failure to obtain all appropriate Federal, State and Local Environmental Permits and clearances may jeopardize federal funding. 5) 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. 6) No construction work may begin until Phase II is approved by the Division and FEMA. E) Programmatic: 1) The Sub-Recipient must notify the Division 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 costs or earlier completion. 2) The Sub-Recipient must "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. 3) The Division and FEMA shall approve a change in the scope of work in advance, regardless of the impact to the budget. 4) Project is approved with the condition that the enclosed list of deliverables shall be submitted 30 days prior to the Period of Performance date, for review and approval by the Division, for submittal to FEMA for closeout. 5) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance 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 Sub-Recipient must 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. 7) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 8) This project shall be designed by the criteria contained in the standards of the Department of Homeland Security, Federal Emergency Management Agency guidance manual FEMA 361-Design and Construction for Community Safe Room, to provide "near absolute protection". It is further understood and agreed by the Division and the Sub-Recipient that the level of wind protection provided by the mitigation ensures the safety or survival of building occupants. 9) Sub-Recipient Management Costs (SRMC), implemented under the Disaster Relief and Recovery Act of 2018 (DRRA), amended Section 324 of the Stafford Act, and the Hazard Mitigation Grant Program Management Costs (Interim) FEMA Policy 104-11-1, provides 100% federal funding under HMGP to Sub-Recipients to efficiently manage the grant and complete activities in a timely manner. a) SRMC must conform to 2 CFR Part 200, Subpart E, applicable program regulations, and Hazard Mitigation Assistance (HMA) Guidance (2015), ensuring costs are reasonable, allowable, allocable and necessary to the overall project. b) Funding is for approved indirect costs, direct administrative costs, and administrative expenses associated with this specific project and shall have adequate documentation. c) SRMC cannot exceed 5% of the total project costs awarded. d) SRMC is 100% federally funded and will be reimbursed based on actual costs incurred for each individual Request for Reimbursement (RFR) submitted with the required documentation. e) SRMC shall be reconciled against actual costs on a quarterly basis and annual basis. f) If the Final Project Reconciliation results in a reduction of total project costs, any resulting SRMC overpayment shall be reimbursed back to the State for return to FEMA prior to FEMA Closeout. This is FEMA project number 4337-066-R. It is funded under HMGP, FEMA-4337-DR-FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4337. FEMA awarded this project on April 26, 2019; with a Pre-Award date of January 23, 2018; this Agreement was executed on January 14, 2020; and the Period of Performance for this project shall end on May 31, 2022. F) FINANCIAL CONSEQUENCES: If the Sub-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: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub- Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub-Recipient's program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. SCHEDULE OF WORK Phase I — State Contracting: 13 Months Bidding / Local Procurement: 2 Months Design Specifications: 15 Months Permitting / Survey: 4 Months Deliverables Submitted to FDEM: 3 Months Total Period of Performance: 37 Months BUDGET Line Item Budget* Project Cost Federal Cost Non-Federal Cost Materials: $0.00 $0.00 $0.00 Labor: $0.00 $0.00 $0.00 Fees: $2,174,335.00 $896,385.92 $1,277,949.08 **Pre-Award: $10,250.00 $4,225.64 $6,024.36 Initial Agreement Amount: $2,184,585.00 $900,611.56 $1,283,973.44 ***Contingency Funds: $0.00 $0.00 $0.00 Project Total: $2,184,585.00 $900,611.56 $1,283,973.44 ****SRMC SRMC: $60,040.77 $60,040.77 SRMC Total: $60,040.77 $60,040.77 *Any line item amount in this Budget may be increased or decreased 10% or less, with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. **This project has a Pre-Award, approved by FEMA in the amount of$10,250.00 project costs with a start date of January 23, 2018. *** This project has an estimated$0.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part VI, D.3.4— Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re-budgeted to another direct cost category and identified. Post-award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. Project Management costs are included for this project in the amount of$0.00 ****Sub-Recipient Management Costs (SRMC) are included for this project in the amount of$60,040.77 in Federal funding. Per the Hazard Mitigation Grant Program Interim FEMA Policy 104-11-1, SRMC provides HMGP funding to Sub-Recipients to efficiently manage the grant and complete activities in a timely manner. SRMC must conform to 2 CFR Part 200, Subpart E, ensuring costs are reasonable, allowable, allocable and necessary to the overall project. SRMC cannot exceed 5% of the approved total project costs awarded and shall be reimbursed at 5% for each Request for Reimbursement(RFR) submitted with the required documentation. If the Final Project Reconciliation results in a reduction of total project costs, any resulting SRMC overpayment shall be reimbursed back to the State for return to FEMA prior to FEMA Closeout. Funding Summary Totals Federal Share: $900,611.56 (41.22575040%) Non-Federal Share: $1,283,973.44 (58.77424960%) Total Project Cost: $2,184,585.00 (100.00%) SRMC (100% Federal) $60,040.77 RESOLUTION NO. 410-2021 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE MAYOR/CHAIRPERSON TO SIGN ALL LEGAL PAPERS ON BEHALF OF THE COUNTY AND EXTENDING FOR 60 DAYS THE PRESENTLY AUTHORIZED SIGNATURES. WHEREAS, the members of the Board of County Commissioners of Monroe County, Florida, have elected a Chairman for said Board, and WHEREAS, the Chairman of the Board of County Commissioners must sign all legal papers,vouchers,warrants and documents on behalf of the County,now,therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: Section 1. That Commissioner David Rice as Chairman of the Board of County Commissioners, and the Clerk of the Board, are hereby authorized to sign all warrants, legal documents and any other necessary papers and documents. Section 2. That the presently authorized signatures validating County checks are hereby continued for sixty days from this date in order to meet payroll and other necessary obligations. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17th day of November, 2021 :. Mayor David Rice Yes �q Mayor Pro Tem Craig Cates Yes '-� Commissioner Michelle Coldiron Yes D C-, $8 LID Commissioner Eddie Martinez Yes Fes. Commissioner Holly Merrill Raschein Yes , a: BOARD OF COUNTY COMMS ISSIONRR Y. IN MADOK, Clerk OF MONROE COUNTY,FLORIDA r°a�wry e t y/ By By As Deputy Clerk Mayor/Chairperson Approved as to form and legal sufficiency By Robert B. Shillinger, County Attorney Robert B. f; Digitally signed . Robert Shillinger ' DN:cn=Robert B Shillingerr,o=B.O.C.C,of Monroe County,FL,ou=County Attorney, Shillinger a^ �'� �us-, Date:2021.11.2211:57:57-05'00'