1st Modification 05/18/2022 GV�S COURTq c
o: A Kevin Madok, CPA
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�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
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DATE: July 27, 2022
TO: Jeff Manning, Sr. Plainer
Emergency Management
FROM: Liz Yongue, Deputy Clerk
SUBJECT: May 18th BOCC Meeting
Attached is a copy of the partially executed Agreement,below:
D16 1st Modification to the Mitigation Sub-grant Agreement No. PDMC-PJ-04-FL-
2018-014 (Guidance Care Center, Inc.) between the Florida D1Vlsion of Emergency Management
and Monroe County. This modification approval recognizes the increased project cost from $101,
240.00 to $376,967.00, and extends the period of performance to April 1, 2023.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: Cotulty Attorney_
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
Contract Number: B0062
Project Number: PDMC-PJ-04-FL-2018-014
MODIFICATION TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
This Modification Number One made and entered into by and between the State of
Florida, Division of Emergency Management ("the Division"), and Monroe County BOCC ("the
Sub-Recipient") to modify Contract Number B0062, dated, January 6, 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 Pre-
Disaster Mitigation Grant Program of$75,930.00, in Federal Funds; and
WHEREAS, the Division and the Sub-Recipient desire to modify the Agreement; and
WHEREAS, the Agreement expired on April 1, 2022; and
WHEREAS, the Division and the Sub-Recipient desire to reinstate and extend the terms
of 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 6, 2020 and shall end April 1, 2023, unless
terminated earlier in accordance with the provisions of Paragraph (17) of this
Agreement.
3. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as
set forth in 1 Revision Attachment A to this Modification, a copy of which is attached
hereto and incorporated herein by reference.
4. All provisions of the Agreement being modified and any attachments in conflict with this
Modification shall be and are hereby changed to conform with this Modification, effective
on the date of execution of this Modification by both parties.
5. 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.
6. 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 close-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.
475
• •
SUB-RECIPIENT: MONROE COUNTY BOCC, 17-%1 : KEVIN MADOK, CLERK
4
By:
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\ (eys Dep Cler
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Name and Title: Mayor David Rice 0-
MONROE COUNTY ATTORNEY
Date: 1451(01?Oqq PPROVED AS TO FORM
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JAMES M ENAAR
ASSISTANT CO NTY,ATTAIRNEY
STATE OF FLORIDA Date: James a Molena,avr\rn'
Mamas 1404 tt 4450
DIVISION OF EMERGENCY MANAGEMENT
I Digitally argued by Laura Dhrave
Laura Dhuwe):2;L:.7::::::,7;,',:d==::,',
By: Date 2022.07 07 11 98 54 04 001
Name and Title: Kevin Guthrie, Director
Date: 07-JUL-2022
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Attachment A
Scope of Work and Budget
1st Revision
STATEMENT OF PURPOSE:
The purpose of this Scope of Work(SOW) is to upgrade a generator from 125kW to 150kW, which will
provide full backup power to the Marathon Guidance Care Center in Monroe County, Florida. This project
is funded through the Pre-Disaster Mitigation Grant Program (PDM), as administered by the Florida
Division of Emergency Management (Division) and the Federal Emergency Management Agency
(FEMA).
The Sub-Recipient, Monroe County, agrees to manage and complete the project per the scope of work as
submitted by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-
Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws,
Regulations, and Codes.
PROJECT OVERVIEW:
As a Pre-Disaster Mitigation (PDM) project, the Sub-Recipient shall remove the existing 125kW generator
and install a new 150kW liquid propane fueled generator and re-locate the liquid propane tank to an above
ground concrete pad (with dimensions of roughly 6' long x 20'wide, and approximately 1' high)
immediately adjacent to the proposed location of the new generator at the Guidance Care Center, located
in Marathon, FL 33050 (24.711583, -81.087164).
The generator shall be protected against a 500-year flood event by implementing specific activities or by
locating the generator outside the Special Flood Hazard Area (SFHA) and 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 qualified and licensed Florida contractors and execute
a contract with the selected bidders to complete the scope of work as approved by the Division and
FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractors 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 all work per sealed engineering designs and
construction plans presented to the Division by the Sub-Recipient and subsequently approved by the
Division and FEMA.
The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for
the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable
condition.
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 selected contractor.
2) The Sub-Recipient shall monitor and manage the removal of the old generator, as well as procure and
install one new 150kW generator at 3000 41st St Ocean, Marathon, 33050, with all the equipment
required to connect and operate it. The generator will be protected from hurricane wind damage by an
enclosure and will be installed with a fuel tank, automatic transfer switch, and all necessary electrical
and exhaust attachments. This work shall be performed in accordance with the PDM application and
associated documentation as presented to the Division by the Sub-Recipient and subsequently
approved by the Division and FEMA. The Sub-Recipient shall ensure that all applicable State, Local
and Federal Laws and Regulations are followed and documented, as appropriate.
The Sub-Recipient shall fully perform the approved project, as described in the application, in
accordance with the approved scope of work indicated herein, the estimate of costs indicated herein,
the allocation of funds indicated herein, and all applicable terms and conditions. The Sub-Recipient
shall not deviate from the approved project terms and conditions.
Upon completion of the work, the Sub-Recipient shall schedule and participate in a final inspection of
the completed project by the local municipal or county building department (official), or other approving
official, as applicable. The official shall inspect and certify that all installation was in accordance with
the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected
by the Sub-Recipient prior to Sub-Recipient's submittal of the final inspection request to the Division.
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) Local Building Official Inspection Report and Final Approval.
c) Signed and sealed copy of the As-built plans.
d) A copy of electrical designs, specifications and/or drawings elaborated to complete the scope.
e) Certified Letter of Completion—
1. Affirming that the project has been completed in conformance with the approved project
drawings, specifications, and scope.
2. Certify Compliance with all applicable codes.
f) All Product Specifications/ Data Sheet(s) (technical standards) satisfying protection requirements
on all products utilized.
g) Copies of any permits that were required prior initiating work. If no permits were required provide
a letter from the local floodplain administrator stating that the project did not require any permits.
h) Letter verifying that construction vehicles and equipment used for this project were maintained in
good working order to minimize pollutant emissions. The letter shall also include that the
contractor implemented measures to prevent spillage or runoff of chemicals, fuels, oils, or sewer-
related waste during project work.
i) Verification letter or documentation showing the generator is protected to the 500-year(0.2%
annual chance) flood elevation.
j) Letter verifying that unusable equipment, debris, and material were disposed of in an approved
manner and location, if any significant items (or evidence thereof)were discovered during
implementation of the project, and that the Sub-Recipient handled, managed, and disposed of
petroleum products, hazardous materials, and toxic waste in accordance to the requirements and
to the satisfaction of the governing local, state, and federal agencies.
k) Proof of compliance with Project Requirements and Conditions contained 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, 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.
Construction Expense: The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by
the contractors and subcontractors and pay the contractors and subcontractors for approved bills,
invoices, and/or charges. Sub-Recipient shall ensure that all contractor/subcontractor bills, invoices,
and/or charges are legitimate and clearly identify the activities being performed and associated costs.
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 construction and
managerial costs related to the project as identified in the project application, and plans. The requests
for reimbursement 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; and
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 final request for reimbursement shall include the final construction project cost.
Supporting documentation shall show that all contractors and subcontractors have been paid.
B. Deliverables
As a Pre-Disaster Mitigation (PDM) project, the Sub-Recipient shall remove the existing 125kW
generator and install a new 150kW liquid propane fueled generator and re-locate the liquid propane
tank to an above ground concrete pad (with dimensions of roughly 6' long x 20'wide, and
approximately 1' high) immediately adjacent to the proposed location of the new generator at the
Guidance Care Center, located in Marathon, FL 33050 (24.711583, -81.087164).
The generator shall be protected against a 500-year flood event by implementing specific activities or
by locating the generator outside the Special Flood Hazard Area (SFHA) and 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.
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:
A. Engineering
1) The Sub-Recipient shall submit to the Division an official letter stating that the project is 100%
complete and ready for the Division's Final Inspection of the project.
2) The Sub-Recipient shall provide a copy of the Notice of Commencement, and any local official
Inspection Report and/or Final approval; as applicable.
3) The Sub-Recipient shall submit a final copy of the completed project's As-built drawings and all
necessary supporting documentation, and provide a summary of all contract scope of work changes, if
any.
4) The Sub-Recipient shall submit a final copy of any electrical designs, specifications and/or drawings
elaborated to complete the job.
5) The Sub-Recipient shall submit a certified letter of completion from Engineer of Record. The Sub-
Recipient's Engineer of Record shall provide a formal certificate or letter affirming that the project has
been completed in conformance with the approved project drawings, specifications, scope, and
applicable codes
6) The Sub-Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards)
satisfying protect requirements on all products utilized.
7) All installations shall be done in strict compliance with the Florida Building Code or Miami Dade
Specifications. All materials shall be certified to exceed the wind and impact standards of the current
local codes.
8) Product Specifications documentation satisfying protection requirements for all products utilized shall
be provided to the Division for closeout.
9) 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 permits and clearances may
jeopardize federal funding.
10) The local municipal or county building department shall inspect the installation according to the
manufacturer's specification, ensure that the above referenced standards have been met and
documentation provided to the division for closeout.
11) 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 manmade disaster.
B. Environmental:
1) The Sub-Recipient must 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 work 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.
2) Any change, addition or supplement to the approved Scope of Work that alters the project (including
other work not funded by FEMA, but done substantially at the same time), regardless of the budget
implications, will require re-submission of the application to FEMA through the Division for National
Environmental Policy Act (NEPA) re-evaluation before starting project work.
3) If any ground disturbance activities occur during construction, the Sub-Recipient will monitor ground
disturbance during any ground disturbing activities during construction, and if any potential
archeological resources are discovered, will immediately cease construction in that area and notify the
Division and FEMA.
4) The Sub-Recipient must coordinate with the local floodplain administrator and obtain required permits
from the appropriate agencies prior to initiating work. All coordination pertaining to these activities and
Sub-Recipient compliance with any conditions should be documented and copies forwarded to the state
and FEMA for inclusion in the permanent project files.
5) Unusable equipment, debris and material shall be disposed of in an approved manner and location. In
the event significant items (or evidence thereof) are discovered during implementation of the project,
the Sub-Recipient shall handle, manage, and dispose of petroleum products, hazardous materials and
toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and
federal agencies. Verification of compliance is required at project closeout.
6) Construction vehicles and equipment used for this project shall be maintained in good working order to
minimize pollutant emissions. The contractor shall implement measures to prevent spillage or runoff of
chemicals, fuels, oils, or sewer-related waste during project work.
C. 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) A change in the scope of work MUST be approved by the Division and FEMA in advance regardless of
the budget implications.
3) 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.
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 must be submitted to FEMA, 60 days prior to the expiration
date. Therefore, any request for a Period of Performance Extension must 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 PDM 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:
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:
State contract execution process: 3 Months
Procurement of Generator, Materials, and Labor for 3 Months
Install:
Selection of Contractor- Notice to
P 3 Months
Proceed:
Final Designs/Order Generator
3 Months
and Materials:
Receive Generator, Remove Existing Unit, Install 4 Months
New Generator:
Generator Start-Up and Testing: 2 Months
Final State/Local Inspections, Permits, and 6 Months
Reimbursement Request:
Final Inspection/Closeout: 6 Months
Total Period of Performance: 33 Months
BUDGET:
Funding Summary
Federal Share: $75,930.00 (20.14234668%)
Local Share: $301,037.00 (79.85765332%)
Total Project Cost: $ 376,967.00 (100%)
Line Item Budget*
Project Cost Federal Share Local Share
Materials and Equipment: $136,517.00 $26,250.00 $110,267.00
Labor and Installation: $189,500.00 $12,000.00 $177,500.00
Permitting and Fees: $4,500.00 $1,875.00 $2,625.00
Site Preparation: $4,500.00 $3,375.00 $1,125.00
Architectural: $11,000.00 $8,250.00 $2,750.00
Structural: $4,900.00 $3,675.00 $1,225.00
Project Management: $17,950.00 $14,430.00 $3,520.00
Construction Trade Expenses: $8,100.00 $6,075.00 $2,025.00
Total: $376,967.00 $ 75,930.00 $301,037.00
*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 is FEMA project number PDMC-PJ-04-FL-2018-014. The Period of Performance (POP) for this
project shall end on April 1, 2023.
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Ron DeSantis Kevin Guthrie
Governor Director
July 7, 2022
Ms. Maureen Dunleavy
Area Director
1205 Fourth Street
Key West, FL 33050
Re: Project # PDMC-PJ-04-FL-2018-014, Monroe County BOCC
Dear Ms. Dunleavy:
Enclosed is the executed Pre-Disaster Mitigation Grant Program (PDMC) contract
modification number one (#1) (Contract#B0062) between Monroe County BOCC
and the Division of Emergency Management.
Please email all Requests for Reimbursement (Attachment D) to the project manager at
Susoiin:,h lairrlis ('Ax.Aiin(: .ill : ii° u.ii° a Ili a lip:o.� d�iiirl. The Project Manager for this contract is:
................................7...............,............................................. J g
Susan Harris-Council, 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 Susan Harris-Council at (850) 815-4532.
Respectfully,
Digitally signed by Laura Dhuwe
Laura DN:cn-Laura Dhuwe,o=DEM,
—Mitigation,
email=Laura.Dhuwe@enn.nnyflorid
Dhuwe
atom,c US
Date:2022.07.07 11:49:14-04'00'
Laura Dhuwe
Bureau Chief, Mitigation
State Hazard Mitigation Officer
Enclosure
D IV IS 10 N H EA DQUA RTE R S Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard vuvuvu.,rl a;Vd,aC.:)i, r„ste,r a;r.�, 2702 Directors Row
..................................................
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631