1st Modification 05/17/2023 _Co6or'
Kevin Madok, cpA
Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: August 29, 2023
TO: Car), f'niglit, Director
Project Management
Breanne Erickson, Contract/Budget Administrator
Project ject Management
Stan 'I'lionipson, Contract Administrator
Project Management
AII
FROM: PPamela G. Hanco(A_ .C.
SUBJECT: May 17' BOCC Meeting
'Flic attached, fully executed, document has been added to the record:
C6 I" Modification to die Hazard Mitigation Grant Program (FIM(;P) Grant
Agreement 4337-066-AL between die County and the Florida Division of Emergency Management
(FDEM) to construct the new Emergency Operations Center in Marathon. I'liis modification
approves die 2nd incremental obligation from FEMA ol'$3,809,523.23. The match for these
federal funds comes Coin otlier grant sources, minimizing the use ol'County capital funds. Sub-
recipient management cost (SRM0 Funds in the grant ($414,177.83) require no match.
Should you have any questions please feel free to contact ine at (305) 292-3550.
cc: County 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
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STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Ron DeSantis Kevin Guthrie
Governor Director
August 25, 2023
Mr. Cary Knight
Director— Department of Project Management
1100 Simon Street/2nd Floor
Key West, Florida 33040
Re: Project #4337-066-A, Monroe County Commissioners
Dear Mr. Knight:
Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract modification
number one (#1) (Contract #H0847) between Monroe County Commissioners and the
Division of Emergency Management.
Please email all Requests for Reimbursement (Attachment D) to the project manager at
Cairrneil), costw ;pnirr:.irr: fllcirli�°Jw .� oirn. The Project Manager for this contract is:
................................y................................ ,,........................ J g
Carmen Acosta, 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 Carmen Acosta at (850) 332-1268.
Respectfully,
pp Digitally signed by Laura Dhuwe
Laura D u W e Date:2023.08.26 18:39:09-04'00'
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.FlaridaQi.=..;o.ster.oEg 2702 Directors Row
.............................................................................................
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
Contract Number: H0847
Project Number: 4337-066-A
MODIFICATION TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
MONROE COUNTY COMMISSIONERS
This Modification Number One is made and entered into by and between the State of Florida,
Division of Emergency Management ("the Division"), and Monroe County Commissioners, ("the Sub-
Recipient")to modify Contract Number H0847, dated August 5, 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 the Sub-Recipient under the Hazard Mitigation Grant
Program of$9,225,391.26, in Federal Funds; and
WHEREAS, the Division and the Sub-Recipient desire to modify the Agreement; and
WHEREAS, the Division and the Sub-Recipient desire to modify the Budget and Scope of Work
by increasing the Federal funding by$3,809,523.23 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 amended to increase the Federal Funding by $3,809,523.23, for the maximum
amount payable under the Agreement to $13,034,914.49, (Thirteen Million Thirty-Four Thousand
Nine Hundred Fourteen Dollars and Forty-Nine Cents).
2. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as set forth
in 1st Revised 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.
IN WITNESS WHEREOF, the parties h d this Modification as of the dates set
out below.
iW
SUB-RECIPII ONROE 0 KEVIN MADOK, CLERK
By.. By:
As Deputy Clerk
Name and Title: Mayor Craig;Cates
Date: May 17, 2023
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Lau1goWly signed by Laura Dhuwe ra DhuweD,,,, ,23.0,.26 18:38:57-04'00'
By:
Name and Title.- Kevin Guthrie_Q!rector
Date: 26-AUG-2023
3W
C=:
C:)
Approved as to form and legal sufficiencyi C)
Monroe County Attorney's Office 4-29-2023
MC rn
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Attachment A
(1st 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 the Emergency
Operations Center in Marathon, Monroe County, Florida, funded through the Hazard Mitigation Grant
Program (HMGP) DR-4337-066-A, as approved by the Florida Division of Emergency Management
(Division) and the Federal Emergency Management Agency (FEMA).
The Sub-Recipient, Monroe County Commissioners, agrees to administer and complete the project per
scope of work as submitted by the Sub-Recipient and subsequently approved 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 Hazard Mitigation Grant Program project,the Sub-Recipient proposes to construct a new hurricane
safe room to FEMA P-361 Standards. The structure has a dual use to serve as the new Monroe County
BOCC Emergency Operations Center (EOC), which will be located at 7280 Overseas Highway,
Marathon, Florida, 33050.
The Phase II — Construction scope of work proposes an approximately 28,321 square foot, two-story
building, which shall be elevated to meet local building code requirements. The building structure is
designed to include precast concrete beams and columns with a site-cast panel system and the roof is
designed as cast-in-place concrete that meets all standards for shelters. Storefront glazing tested for
missile impact level compliant with Florida Building Codes is required. As designed, the building will
provide near absolute life safety protection against hurricane wind speeds 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. The proposal includes site development with necessary drainage
components (storm drainage piping, inlets, water detention areas, etc.) to meet rain load requirements
in compliance with FEMA P-361 section B7.2.4 Rainwater Drainage. Drainage components are within
project boundaries and are considered part of the safe room site development activities and are not a
separate mitigation action.
Emergency back-up power for the facility shall be provided by purchasing and installing a two (2)
generator load-sharing arrangement, consisting of identical 500 kW 3-phase, 4-wire diesel fired
generators, or the adequate size determined by the vendor and/or an electrical engineer during the bid
process to appropriately support the critical facility. This system will ensure full functionality of the EOC,
and an uninterrupted power supply for the facility including the emergency (911) call system. Runtime
for the generator system is calculated to be 96 hours at the designed electrical demand load. Each
generator shall be installed with a base day tank and further supported by a single 2,500-gallon main fuel
tank.
For safe room construction,the project shall be designed by the criteria contained in the standards of the
Department of Homeland Security, Federal Emergency Management Agency guidance manual FEMA
P-361 Design and Construction for Community Safe Room, to provide "near-absolute protection".
The project shall provide protection to flood and wind against a 500-year event and the generator
shall be protected against a 500-year flood event by implementing specific activities or by locating the
generator(s) 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.
The project shall provide protection against 220 MPH winds, exceeding the wind speed required for the
area per Florida Building Code.
Allowable costs for safe rooms apply to retrofits of existing facilities, new construction, and single or dual-
use facilities. Only eligible expenditures that are directly related to and necessary for the hazard
mitigation purpose of providing immediate life-safety protection will be reimbursed. Eligible and ineligible
costs are outlined in the 2015 Hazard Mitigation Assistance Guidance Addendum, C. Safe Rooms.
Project Locations:
......... ............. .. ........... ............. ............. ............. ............. ............. ............. ............. ............. ............. ....................
ID# Location Coordinates
......... ............. .. ........... ............. ............. ............. ............. ............. ............. ............. ............. ............. ....................
1) NE (24 721770 81 061740) ____
..2.).............. SE (24 720600... 81. 061930)
..3.).............. .S.W ............. ............. ............. ............. ............. ......__............(24 720340 81 062620).......___............
.4.) ............ ....NW ............ ............ ............ ............ ............ ............ (24 721800..... 81..0.6.2.8.0.0)...........
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 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 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 installation to construct a safe room.
The project shall be implemented in accordance with sealed engineering designs and construction
plans previously 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 project shall protect the structure from windblown debris resulting from high windstorms, which
shall allow the function of the structures to continue following a severe wind event.
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) Two sets of engineering Signed/Sealed final design and analysis, and surveying.
d) Any structural and non-structural design peer review reports as required by FEMA P-361 (as
applicable).
e) Construction Plans and bid documents for FEMA 361 compliance.
f) Revised cost estimate for Phase II — construction (include Phase I costs), to implement the
design project.
g) All Product Specifications / Data Sheet(s) (technical standards) satisfying protection
requirements on all products to be utilized.
h) Verification letter or documentation showing the generators and electrical components are
protected to the 500-year(0.2% annual chance) flood elevation.
i) Verification letter or documentation showing the facility and all its attendant utilities are protected
to the 500-year(0.2% annual chance) flood elevation.
j) Copy of the floodplain permit from the local floodplain administrator.
k) Verification of compliance with South Florida Water Management District (SFWMD)
Environmental Resource Permit (ERP)#44-105211-P.
1) Letter verifying compliance with the National Historic Preservation Act, to include whether
archaeological materials, prehistoric or historic artifacts, or human remains were encountered
during project activities and, if so, how they were handled in accordance with Florida Statutes,
Section 872.05.
m) Prior to project commencement, letter identifying source and location of fill material. If the borrow
pit is privately owned or located in previously undisturbed land, or if fill is obtained by the
horizontal expansion of a pre-existing borrow pit, notification to the Division shall be provided
before commencement of the activities.
n) Proof of compliance with Project Conditions and Requirements contained herein.
o) 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.
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.
Sub-Recipient Management Costs (SRMC) expenditure must adhere to FEMA Policy #104-11-1
HMGP Management Costs (Interim) signed November 14, 2018. FEMA defines management costs
as any: Indirect costs, Direct administrative costs, and other administrative expenses associated with
a specific project. Administrative costs are expenses incurred by a Sub-Recipient in managing and
administering the federal award to ensure that federal, state requirements are met including:
solicitation, development, review, and processing of sub-applications; delivery of technical
assistance; quarterly progress and fiscal reporting; project monitoring; technical monitoring;
compliance activities associated with federal procurement requirements; documentation of quality of
work verification for quarterly reports and closeout; payment of claims; closeout review and
liquidation; and records retention.
Any activities that are directly related to a project are not eligible under management costs. For
example, architectural, engineering, and design services are project costs and cannot be included
under management costs. Similarly, construction management activities that manage, coordinate,
and supervise the construction process from project scoping to project completion are project costs.
These activities cannot be included under management costs.
Due to Strategic Funds Management(SFM), SRMC Interim Policy requires management costs to be
obligated in increments sufficient to cover Sub-Recipient needs, for no more than one year, unless
contractual agreements require additional funding. FEMA has established a threshold where annual
increments will be applied to larger awards allowing smaller awards to be fully obligated. Obligations
will be handled by the size of the total subaward.
The Sub-Recipient shall pre-audit all SRMC 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, and all Personnel or Contractual SRMC shall be
invoiced separate from all other project costs.
Project Management Expenses (only applies to disasters prior to August 1, 2017, all others adhere
to FEMA Policy #104-11-1 for SRMC): 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;
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:
Mitigation Activities consist of providing a FEMA P-361 standards safe room and installation of
permanent generator(s) at the Monroe County BOCC Emergency Operations Center on Overseas
Highway, Marathon, Florida, 33050. The structure shall be constructed to the required Florida
Building Code requirements.
For safe room construction, the project shall be designed by the criteria contained in the standards
of the Department of Homeland Security, Federal Emergency Management Agency guidance
manual FEMA P-361 Design and Construction for Community Safe Room,to provide "near-absolute
protection".
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.
The project shall provide protection to flood and wind against a 500-year event and the generator
shall be protected against a 500-year flood event by implementing specific activities or by locating
the generator(s) 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.
The project shall provide protection against 220 MPH winds, exceeding the wind speed required
for the area per Florida Building Code.
Allowable costs for safe rooms apply to retrofits of existing facilities, new construction, and single or
dual-use facilities. Only eligible expenditures that are directly related to and necessary for the hazard
mitigation purpose of providing immediate life-safety protection will be reimbursed. Eligible and
ineligible costs are outlined in the 2015 Hazard Mitigation Assistance Guidance Addendum, C. Safe
Rooms.
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 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 signed and sealed 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 protection requirements on all products utilized.
7) All installations shall be done in strict compliance with the FEMA P-361 standards. All materials shall
be certified to meet or 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.
D) Environmental:
1) 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.
2) 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 impact to the budget.
3) The Sub-Recipient shall monitor ground disturbing activities during construction, and if any
potential archeological resources are discovered, shall immediately cease construction in that area
and notify the Division and FEMA.
If human remains or intact archaeological deposits (e.g., arrowheads, pottery, glass, metal, etc.) are
uncovered, work in the vicinity of the discovery shall stop immediately and all reasonable measures
to avoid or minimize harm to the finds shall be taken. The Sub-Recipient shall ensure that
archaeological discoveries are secured in place, that access to the sensitive area is restricted, and
that all reasonable measures are taken to avoid further disturbance of the discoveries.
The Sub-Recipient's contractor shall provide immediate notice of such discoveries to the Sub-
Recipient. The Sub-Recipient shall notify the Florida Division of Historic Resources, the Division's
State Environmental Liaison Officer and FEMA within 24 hours of the discovery. Work in the vicinity
of the discovery may not resume until FEMA and the Division have completed consultation with
SHPO, Tribes, and other consulting parties as necessary.
In the event that unmarked human remains are encountered during permitted activities, all work shall
stop immediately, and the proper authorities notified in accordance with Florida Statutes, Section
872.05.
4) If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, dugout canoes, metal
implements, historic building materials, or any other physical remains that could be associated with
Native American, early European, or American settlement are encountered at any time within the
project site area, the permitted project shall cease all activities involving subsurface disturbance in
the vicinity of the discovery. The Sub-Recipient shall contact the Florida Department of State,
Division of Historical Resources, Compliance Review Section at (850)-245-6333. Project activities
shall not resume without verbal and/or written authorization. In the event that unmarked human
remains are encountered during permitted activities, all work shall stop immediately, and the proper
authorities notified in accordance with Section 872.05, Florida Statute.
5) Prior to project commencement, the Sub-Recipient must identify the source and location of fill
material and provide this information to the Division. If the borrow pit is privately owned, or is located
on previously undisturbed land, or if the fill is obtained by the horizontal expansion of a pre-existing
borrow pit, FEMA consultation with the State Historic Preservation Officer will be required. Failure to
comply with this condition may jeopardize FEMA funding;verification of compliance shall be required
at project closeout.
6) The generators and electrical components are supporting a critical action and must be protected to
the 500-year(0.2% annual chance) flood elevation. The Sub-Recipient must submit documentation
to the Division documenting compliance with this condition.
7) The structure and all its attendant utilities are supporting a critical action and must be protected to
the 500-year (0/2% annual chance) flood elevation. Failure to comply with this condition may
jeopardize FEMA funding; verification of compliance shall be required at project closeout.
8) The Sub-Recipient must obtain floodplain permit from the local floodplain administrator before work
begins. Failure to comply with these conditions may jeopardize FEMA funding; verification of
compliance shall be required at project closeout.
9) Per EO 11988 and 44 CFR Part 9.12(f) requirements, project cannot be obligated until 6/26/2022.
10) The Sub-Recipient must comply with the conditions of the SFWMD ERP#44-105211-P. Failure to
comply with this condition may jeopardize FEMA funding; verification of compliance shall be required
at closeout.
11) 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.
E) Programmatic:
1) A change in the scope of work must be approved by the Division and FEMA in advance regardless
of the budget implications.
2) 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.
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 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 the 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.
6) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of
execution.
7) 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.
8) If the Sub-Recipient is not the current title holder of the affected properties, the Sub-Recipient shall
provide documentation confirming the property acquisition and easement rights were obtained
voluntarily. If condemnation or eminent domain is used to obtain easement rights, FEMA shall not
pay for any associated costs or payments to the property owner. Furthermore, FEMA shall not
consider it an eligible contribution to the non-Federal cost share requirement and shall not financially
participate in that component of a project if land or easements are obtained involuntarily.
9) 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.
10) Special Conditions required on implementation of project:
a) EO 11988: The structure and all its attendant utilities are supporting a critical action and must be
protected to the 500-year (0.2% annual chance) flood elevation. Failure to comply with this
condition may jeopardize FEMA funding; verification of compliance will be required at project
closeout. Source of condition: Executive Order 11988 — Floodplains. Monitoring Required:
No
b) EO 11988: The Sub-Recipient must obtain floodplain permit from the local floodplain
administrator before work begins. Failure to comply with these conditions may jeopardize FEMA
funding; verification of compliance will be required at project closeout. Source of condition:
Executive Order 11988—Flood plains. Monitoring Required: No
c) EO 11988: The generators and electrical components are supporting a critical action and must
be protected to the 500-year (0.2% annual chance) flood elevation. The Sub-Recipient must
submit documentation to the State and FEMA documenting compliance with this condition.
Source of condition: Executive Order 11988— Floodplains. Monitoring Required: No
d) CZMA: The Sub-Recipient must comply with the conditions of the SFWMD ERP#44-105211-P.
Failure to comply with this condition may jeopardize FEMA funding; verification of compliance
will be required at closeout. Source of condition: Coastal Zone Management Act (CZMA).
Monitoring Required: No
e) NHPA: Any changes to the approved scope of work will require submission to, and evaluation
and approval by,the State and FEMA, prior to initiation of any work, for compliance with Section
106. Source of condition: National Historic Preservation Act (NHPA). Monitoring Required:
No
f) NHPA: If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, dugout
canoes, metal implements, historic building materials, or any other physical remains that could
be associated with Native American, early European, or American settlement are encountered
at any time within the project site area, the permitted project shall cease all activities involving
subsurface disturbance in the vicinity of the discovery. The Sub-Recipient shall contact the
Florida Department of State, Division of Historical Resources, Compliance Review Section at
(850)-245-6333. Project activities shall not resume without verbal and/or written authorization.
In the event that unmarked human remains are encountered during permitted activities, all work
shall stop immediately, and the proper authorities notified in accordance with Section 872.05,
Florida Statutes. Source of condition: National Historic Preservation Act(NHPA). Monitoring
Required: No
g) NHPA: If human remains or intact archaeological features ordeposits (e.g., arrowheads, pottery,
glass, metal, etc.) are uncovered, work in the vicinity of the discovery will stop immediately and
all reasonable measures to avoid or minimize harm to the finds will be taken. The Sub-Recipient
will ensure that archaeological discoveries are secured in place,that access to the sensitive area
is restricted, and that all reasonable measures are taken to avoid further disturbance of the
discoveries. The Sub-Recipient's contractor will provide immediate notice of such discoveries
to the Sub-Recipient. The Sub-Recipient shall contact the Florida Division of Historic Resources
and FEMA within 24 hours of the discovery. Work in the vicinity of the discovery may not resume
until FEMA has completed consultation with SHPO, Tribes, and other consulting parties as
necessary. In the event that unmarked human remains are encountered during permitted
activities; all work shall stop immediately, and the proper authorities notified in accordance with
Florida Statutes, Section 872.05. Source of condition: National Historic Preservation Act
(NHPA). Monitoring Required: No
h) NHPA: Prior to project commencement,the Sub-Recipient must identify the source and location
of fill material and provide this information to FDEM and FEMA. If the borrow pit is privately
owned, or is located on previously undisturbed land, or if the fill is obtained by the horizontal
expansion of a pre-existing borrow pit, FEMA consultation with the State Historic Preservation
Officer will be required. Failure to comply with this condition may jeopardize FEMA funding;
verification of compliance will be required at project closeout. Source of condition: National
Historic Preservation Act (NHPA). Monitoring Required: No
11) 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.
12) 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,and shall be reported under 4337-066-A. 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 June 30, 2022; this Agreement was executed on August 5, 2022; and the
Period of Performance for this project shall end on February 28, 2024.
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 II—
State Contracting: 2 Months
Construction Plan/Technical Specifications: 2 Months
Bidding /Local Procurement: 2 Months
Construction/ Installation: 11 Months
Local Inspections/Compliance: 1 Month
State Final Inspections/Compliance: 1 Month
Closeout Compliance: 1 Month
Total Period of Performance: 20 Months
BUDGET
Line-Item Budget*
Project Cost Federal Cost Non-Federal Cost
Materials: $8,982,144.00 $4,865,184.03 $4,116,959.97
Labor: $11,013,554.00 $5,965,498.56 $5,048,055.44
Fees: $3,304,813.00 $1,790,054.07 $1,514,758.93
Initial Agreement Amount: $23,300,511.00 $12,620,736.66 $10,679,774.34
***Contingency Funds: $1,165,025.00 $631,036.53 $533,988.47
Project Total: $24,465,536.00 $13,251,773.19 $11,213,762.81
****SRMC
SRMC: $414,177.83 $414,177.83
SRMC Total: $414,177.83 $414,177.83
*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 an estimated$1,165,025.00 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
$414,177.83 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: $13,251,773.19 (54.16506383%)
Non-Federal Share: $11,213,762.81 (45.83493617%)
Total Project Cost: $24,465,536.00 (100.00%)
SRMC (100% Federal) $414,177.83