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2nd Modification 07/19/2023 Kevin Madok, cpA V Clerk of the Circuit Court& Comptroller—Monroe County, Florida '. DATE: August 2, 2023 TO: Rlionda Haag Clilcl'Resilicnce (Alicer Janet Gunderson Grants Coordinator FROM: Pamela G. Haiico��] ).C. SUBJECT: July 19" 110cc Meeting Attaclied is aii electronic copy of*the 101lowing, flilly executed, document that leas been added to die record: N4 2' Modification to Federal Emergency Maiiageiiient Agency Hazai-d Mitigation Graiit Program Subgraiit Agreement 140856 with Florida Division offinci-gcncy Maiiagenient to develop Watershed Maiiagenient Plans 1*()i- Layton, Key Colony Beacli aii(l. Marathon to promle a one-year extension to September 30, 2021. Sliou](1 you liave any questions please feel Free to contact me at (305) 292-3550. CC: County Attorney F111allce File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 3300 Marathon, Florida 3300 Plantation Key, Florida 33070 �Txs�ryF °n vP STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis Kevin Guthrie Governor Director July 28, 2023 Ms. Rhonda Haag Chief Resilience Officer 1100 Simonton Street Key West, Florida 33040 Re: Project #4337-004-Pb, Monroe County Dear Ms. Haag: Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract modification number two (#2) (Contract #H0856) between Monroe County and the Division of Emergency Management. Please email all Requests for Reimbursement (Attachment D) to the project manager at f « liflI ii°I.1,[ lilkQgiM.[11 fll irlida,coirn. The Project Manager for this contract is: Caitlyn Stroik, Project Manager Florida Division of Emergency Management 2555 Shumard Oak Blvd, Tallahassee, Florida 32399 If you have any specific questions regarding the contract or the Request for Reimbursement form, please contact Caitlyn Stroik at (850) 328-5736. Respectfully, Digitally signed by Laura Laura DhuweD"uwe Date:2023.07.31 14:34:41 -04'00' Laura Dhuwe 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.FlaridaDi.sa.ster.oEg 2702 Directors Row ............................................................................................. Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Contract Number: H0856 Project Number: 4337-004-Pb MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND MONROE COUNTY This Modification Number Two is made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and Monroe County ("Sub-Recipient")to modify Contract Number H0856, dated December 8, 2022, ("the Agreement"). WHEREAS, the Division and the Sub-Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to Sub-Recipient under the Hazard Mitigation Grant Program of$520,350.00 in Federal funds; and WHEREAS, the Division and the Sub-Recipient desire to modify the Agreement; and WHEREAS, the Agreement shall expire on September 30, 2023. WHEREAS, the Division and the Sub-Recipient desire to 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. Paragraph 8 of the Agreement is hereby amended to read as follows: (8) PERIOD OF AGREEMENT This Agreement shall begin December 8, 2022 and shall end September 30, 2024; unless terminated earlier in accordance with the provisions of paragraph (17)of this Agreement 2. The Scope of Work, to the Agreement, are hereby modified as set forth in 1st Revision Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 3. 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. 4. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 5. 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. 1 IN WITNESS WHEREOF, the parties hereto have ification as of the dates set out below. 0 ® I P T E COUNTY KEVI N MADOK, CLERK By: As Deputy clerk Name and Title: F10111y Merrill Raschein, ro fern Date: juk 11), 202"1 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Digitally signed by Laura Dhu.e Laura Dh uwe Date:2023.07.31 14:34:26 By, -04'00' Name and Title: Kevin Guthrie, Director 3 1-JUL-2023 Date. Approved as to form and legal sufficiency: Monroe County Attorney's Office 6-28-2023 3W- M C r- --X C4 CD 2 Attachment A Watershed Master Planning Initiative Monroe County Watershed Management Plan Update Scope of Work and Budget Statement of Purpose The Florida Division of Emergency Management's (the Division) Bureau of Mitigation prioritizes flood risk management as an integral part of its mission. The goals of this project are to assist local communities in developing a Watershed Master Plan for the purposes of moving up in the Community Rating System (CRS)of the National Flood Insurance Program (NFIP) and to increase resiliency in Florida communities. This project is funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-004-P, as approved by the Division and the Federal Emergency Management Agency (FEMA)to create and update Watershed Master Plans (WMPs)throughout the state of Florida. The Project Manager for the Division will be: Laura Dhuwe, Project Manager Hazard Mitigation Grant Program Florida Division of Emergency Management 850-879-0872 in!n..!.!n..a.( rr�.rr�yFlcririr���.�crrr� Scope of Work The Division will coordinate with eligible Florida entities to produce a Watershed Master Plan (WMP)for credit under CRS. This project is preceded by the WMP Pilot Program, which consisted of research and the creation of guidance materials to ensure a consistent statewide approach to WMP development. Guidance materials produced in the WMP Pilot Program can be found at: /7t➢......s.://wwwFciri� �.isscircir ./�crr/.....rr�....ii ..2tion/wateirshed ➢..l.g2.D.iin0. initiative.or ....... ...... .. ............................................................................................... ......... ....................................................... .......................................................................................... ............../7ft�s://uwuwuw.Fu�.edu�/ein iineeiriin /irescirl/7/ uwir / Iciriin /7crsc/. The Sub-Reci-Recipient may use other ..........ti.............................................................................................................................0............................................g.........................................................................................................................................0........................................... p Y materials provided by ISO and located at Pubtt� -/Je 2,,guv. The Sub-Recipient shall follow the Credit Criteria for Element WMP under CRS Activity 452.b (please refer to the 2017 CRS Coordinator's Manual' and the 2021 Addendum to the Coordinator's Manua 12). The Sub-Recipient will finalize the process by submitting their WMP to ISO/CRS for review and providing the Division with a signed letter from their applicable county's Local Mitigation Strategy (LMS) Chairperson attesting that the WMP will be adopted in the Sub-Recipient's next LMS update. Monroe County will be responsible for all tasks and deliverables for Monroe County, City of Key Colony Beach, City of Marathon and City of Layton. Tasks necessary to the completion of a WMP include: Task 1 —Create Preliminary Project Plan based on Initial Flood Modeling, and Submit Draft WMP The Sub-Recipient shall create a preliminary Project Plan, which is a narrative detailing how the initial flood modeling has sufficient detail on the data that went into the model, model specifications, and possible solutions for addressing flood risks that the model identified. There must be enough detail in the preliminary Project Plan to verify the required analysis has been completed. Specifically, the required analysis for the preliminary Project Plan shall include all the Minimum Criteria required for a creditable WMP3 under the two categories of Data Inventory and Collection and Initial Flood Modeling as follows: 1 https://www.fema.gov/sites/default/files/documents/fema_community-rating-system_coordinators- manual_2017.pdf 2 https://www.fema.gov/sites/default/files/documents/fema_community-rating-system_coordinator- manual_addendum-2021.pdf 3 See 2017 CRS Coordinator's Manual at htt�s://vmvvvv.feMg.., ov/sites/deF��ult/Files/documeints/fema corrnmu.nit ra.!in ..s sterrn coordurr���tors I.............................................................................................t.........................................................................................................................................................................................................................................................................................................Y.................................g.............Y........................................................................................................................ r7 an_u a. _ 0.1 P,��..[; the 2021 Addendum to the Coordinator's Manual at 3 Data Inventory and Collection: 1. Data inventory (used for initial flood modeling): a. Inventory of ground characteristics (e.g., soil type, impervious surfaces, wetlands) b. Inventory of existing drainage system c. Inventory of data availability 2. Locations of: a. critical facilities, cultural/historical, and other places/areas of interest b. vulnerable areas and their descriptions c. natural and constructed drainage systems and channels 3. Existing regulations and plans in place for reducing flood risks Initial Flood Modeling 4. For current/existing conditions land use, future land use, and the fully developed watershed scenarios: a. Evaluations of the existing drainage system's runoff response from design storms using a hydrologic and hydraulic study with a hydrograph approach under current and predicted future land use conditions with assessments of the impacts of climate change and sea level rise for 10-, 25-& 100-year storm events b. For currently fully developed watersheds: studies of existing development and the potential impact of any redevelopment c. Evaluations of different management scenarios for at least the 100-year rainfall event for a fully developed watershed at a scale sufficient to determine local problems. d. Determinations of the change in runoff from current to future, fully developed conditions e. Recommendations for managing at least the 10-year and the 25-year rainfall events 5. For communities impacted by sea level rise: evaluations of the impacts of the NOAA Intermediate 2100 sea level rise scenario on the 100-year rainfall event a. It is highly recommended to include 2 other scenarios up to 2100, which could be based on sea level for 2 time frames into the future or a number of feet of sea level rise within this timeframe. 6. The plan must include a strategy and action plan to address the results of the studies for: a. controlling the timing of peak flows to prevent or minimize problems for the entire watershed due to new development, redevelopment, and fully developed conditions b. the impact of climate change and sea level rise on fully developed conditions c. at least the 25-year rainfall event in fully developed conditions, with a list of possible solutions for addressing at least the 25-year rainfall event d. at least one event larger than the 25-year rainfall event, with a list of possible solutions for addressing this event e. ensuring that flood hazards from the 10-year and the 25-year events are not increased by future development (the 2-year storm is also recommended). 7. The community must adopt the final plan. 8. If applicable, WMP plans more than 5 years old must be evaluated to ensure that they remain applicable to current conditions. For instance, are previous assumptions on hydrology, sea level rise and future land use still applicable. Deliverable 1: An (1) electronic copy of the preliminary Project Plan; (2) a separate electronic document listing how and where in the preliminary Project Plan the Minimum Criteria listed above are met; and (3)a separate electronic document clarifying the Sub-Recipient's existing data inventory at the time of contract execution, how the data are used, and which tasks and efforts have already been completed prior to htt�s:!lvvvvvv.Ferrn �. ovlsitesldeF�ultdFulesldocurrnentslFerrn � corrnrrnunut r stun ..s sterrn coordinator t............................................................................................. .........................................................................................................................................................................................................................................................................................................y................................., ............y................................................................................................................. .man_u a. _.addendu_mr. 0 2 1 �f; and other materials provided by ISO located at tt s;//FerT1a,:..qg r. 4 contract execution. These three electronic documents must be submitted to the Division for review no later than 20 months after the beginning of the Period of Performance. The Sub-Recipient will provide Deliverable 1 to the Division via email to ateir lhedji„!2..!n„iin„r„ on�.n�e�Flcirir� cn�. Payment for Task 1 will occur once the Sub-Recipient has received feedback from the Division confirming that their preliminary Project Plan has been approved. To be approved, the preliminary Project Plan must show how all the listed Minimum Criteria required for a creditable WMP are intended to be met. The Period of Performance begins with the date of execution of the subgrant agreement by both parties, and the Sub-Recipient shall provide the Division with the following no later than 20 months from the beginning of the Period of Performance before payment will be processed. Jurisdiction Specific Comments for Task 1: Task 1.1: Data collection for structures— Monroe County, City of Key Colony Beach, City of Marathon and City of Layton shall provide a list of critical assets, including regionally significant, to be evaluated for potential impacts by flooding and sea level rise including (but not limited to)transportation assets and evacuation routes; critical infrastructure; critical community and emergency facilities; and natural, cultural, and historical resources. Additionally, Monroe County, City of Key Colony Beach, City of Marathon and City of Layton shall include an individualized assessment with updated structures from the 2019 Watershed Management Plan, and any additional field work and analysis stemming from the Countywide Roads and Stormwater Assessment (2022). Monroe County shall also provide an inventory and description of their drainage system. Tasks 1.2 and 1.3: Preliminary Flood Modeling and Project Plan— In addition to the above Minimum Criteria, Monroe County, City of Key Colony Beach, City of Marathon and City Layton shall align the Project Plan modeling effort with Section 380.093, F.S., and the approach for this assessment will include: 1) mapping potential 1r 6 n iNPJ %09� i8@ inundation from sea level rise and 2) mapping potential storm surge events to project multiple sea-level-adjusted designed storm events (at a minimum, the 100-year event). Additionally, Monroe County, City of Key Colony Beach, City of Marathon and City of Layton will clarify in writing which tasks and efforts have already been completed prior to contract execution. With the mapping efforts, Monroe County, City of Key Colony Beach, City of Marathon and City of Layton shall provide the source and dates of data acquisition, Iocational accuracy, and map projection and coordinate system information of geospatial data. Task 2— Revise Draft WMP and Submit Completed WMP After receiving feedback from the Division on the preliminary Project Plan from Task 1 (Deliverable 1), the Sub-Recipient shall finalize the flood modeling process and submit their completed WMP. At a minimum, the modeling and WMP must meet the Minimum Criteria required for a creditable WMP shown above. The Sub-Recipient shall update their WMP, if revisions are necessary based on the Division's feedback, and submit the completed WMP to the Division for review. Throughout the activities for Task 2, the Sub-Recipient shall coordinate with the applicable LMS working group to ensure that the working group will adopt the WMP as an annex in the next LMS update, and use the data to inform the risk assessment and mitigation strategy. Deliverable 2: An electronic copy of the completed WMP will be submitted to the Division no later than 24 months after the beginning of the Period of Performance. If applicable, the Sub-Recipient will revise the submitted WMP to comply with required revisions and feedback from the Division, and then resubmit the WMP to the Division no later than 24 months after the beginning of the Period of Performance. The Period of Performance begins with the date of execution of the subgrant agreement by both parties, and the Sub-Recipient shall provide the Division with the following no later than 24 months from the beginning of the Period of Performance before payment will be processed: 1. the completed WMP4 (after incorporating comments from the Division, if applicable); and 4 See the Minimum Criteria required for a creditable WMP listed above. 5 2. a signed letter from the applicable county's Local Mitigation Strategy (LMS) Chairperson attesting that the completed WMP will be adopted and used to update the risk assessment and mitigation strategy during the next LMS plan update. The Sub-Recipient will provide Deliverable 2 to the Division via email to inin..iln..q.. cnn,rn fIorir��� 0rnr . Method of Compensation: All deliverables submitted to the Project Manager or to the Division shall be completed by the Sub- Recipient and approved for completeness and accuracy by the Project Manager or the Division to qualify as reaching the minimum required criteria for each invoice period. All tasks shall be performed under the direct supervision of the Division. The project shall be reimbursed upon receipt of invoices submitted at the completion and acceptance of each deliverable defined above unless this agreement is terminated early. This is a cost reimbursement agreement, which will be reimbursed on a fixed-fee, fixed-price agreement as follows: Deliverables Task 1: Task 2: Create Preliminary Project Revise Draft Plan based on Initial Flood WMP and Modeling and Submit Draft Submit WMP Completed Due: WMP 20 months after POP date Due: 24 months after Total POP date Deliverable Deliverables Value Monroe County $46,750.00 $114,375.00 $161,125.00 City of Key Colony Beach $47,500.00 $94,125.00 $141,625.00 City of Marathon $137,800.00 $111,625.00 $249,425.00 City of Layton $47,500.00 $94,125.00 $141,625.00 Totals: $279,550.00 $414,250.00 $693,800.00 Financial Consequences for Non-Performance: The failure to provide the Division with the required deliverables within the stated timelines shall result in a penalty of 5 % of the determined deliverable amount for each late deliverable. Penalty may be waived based upon reasonable explanation with documentation by Sub-Recipient. Should the Sub-Recipient determine that there are significant barriers to conduct any of the minimum deliverables due to extenuating circumstances, the Division may re-evaluate performance expectations upon a formal request from the Sub-Recipient. If the Sub-Recipient fails to comply with any terms of the agreement, the Division shall take one or more of the following actions: 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 partially suspend or terminate the current agreement for the Sub-Recipient's project; 4. Withhold further agreements for the project; or 5. Take other actions that are legally allowed. Schedule of Work Task(s) Number of Months to Complete 6 Field work and data collection for structures (Task 1) 6 Initial Flood Modeling Task 1 10 Preliminary Project Plan Task 1 4 Revise Draft WMP and Submit Completed WMP & CRS Plan (Task 2) 4 Total Period of Performance: 24 Total Period of Performance The Period of Performance for this project begins on the date of execution of the subgrant agreement by both parties and ends no later than September 30, 2024. Budget: Cost Item Project Cost Federal Share Non-Federal Share Personnel Fringe Benefits Travel Equipment Supplies Contractual $693,800.00 $520,350.00 $173,450.00 Other Project Total: $693,800.00 $520,350.00 $173,450.00 Fundinq Summary Totals Federal Share Non-Federal Total Project Cost Item 75% Share 25% Cost Monroe County $120,843.75 $40,281.25 $161,125.00 City of Key Colony Beach $106,218.75 $35,406.25 $141,625.00 City of Marathon $187,068.75 $62,356.25 $249,425.00 City of Layton $106,218.75 $35,406.25 $141,625.00 Totals: $520,350.00 $173,450.00 7