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1st Modification From: Lourdes��sm� To: Ladbauchan-Mike;Cauoeo Acosta Cc: Subject' RE: *33r'sz3'n Project Status Request Date: Tuesday,April z'zuz* 12:**:31pM � CAUTION � Hi Mike, | hope you are doing well. No, the modification was not executed. Please let us know if you have any other concerns. Thankyuu, Lourdes Vargas Project Manager I Bureau ofMitigation Florida Division of Emergency Management Phone: (858) 350-0812 From: La|bachan-Mike <La|bachan-Mike@monroecounty-f|.8ov> Sent:Tuesday, April 2, 2U24l2:l3PM To: Lourdes Vargas <Lourdes.Var8as @em.mvf|oridazom>; Carmen Acosta <[armen.Azosta@em.mvf|oridazom> Cc: Hurley-Christine <Hur|ey-[hrisdne@Monroe[ounty-FLGov> Subject: FVV: 4337-Sl3-R Project Status Request CAUTION: This eDl8i| originated from outside the organization. OO not click links or N� open attachments unless you recognize the sender and know the content iSsafe. � Hello Ms. Lourdes Good afternoon Can you please let me know if this "modification" (see attached)was ever executed? Our clerk's office is looking for u copy. l know vvc closed-out this grant; however, was wondering if the modification was cvcrupprovcd/cxccutcd. Thanks MikcL.ulhuchuo Mitigation Administrator, Flood»luio Monroe County Building Department Key Largo Office � onroeCou0ty RgOm (305)453-8796 From: Lourdes Vargas Sent:Thursday, August 24, 2U23l2:2SPM To: La|bachan-Mike Cc: Hurley-Christine ; Carmen Acosta Subject: RE: 4337-Sl3-R Project Status Request � CAUTION Hi Mike, Thanl<you so much. The POP extension request has been reviewed and sent for approval. |fwe need anything else, we will let you knuw. Have a great rest of the week, Lourdes Vargas Project Manager I Bureau ofMitigation Florida Division of Emergency Management Phone: (858) 350-0812 From: La|bachan-Mike Sent:Thursday, August 24, 2U23ll:lUAM To: Lourdes Vargas Cc: Hurley-Christine ; Carmen Acosta Subject: RE: 4337-Sl3-R Project Status Request CAUTION: This eDl8i| originated from outside the organization. OO not click links or N� open attachments unless you recognize the sender and know the content iSsafe. � Hello Ms. Lourdes Good Morning Please find attached: POP Modification letter and POP Extension Request Form for project 4337-513-R. Please let mc know if you have any questions. Thanks Mike Lalhuchmu Mitigation Administrator Fl«»d»luio Monroe County Building Department Key Largo Office (305)453-8796 From: LourdesVar8as < > Sent: Wednesday,August 23, 2U232:47PM To: La|bachan Mike < � Cc: Hurley-Christine < >; Carmen Acosta < > Subject: FVV: 4337-Sl3 R Project Status Request � CAUTION � Hi Mike, Thank you so much for the update. The letter looks good, please add the estimated dates of completion for the pru]ect's milestones.You may use the table below. Schedule of the Milestones-Activities(Non-Phased): Milestones % Estimated Date of completion State Contracting 8% 05102123 Construction Plan ITechnical Specifications 8% Bidding/Local Procurement 14% NIA Permitting 2% Construction/Installation 25% Local Compliance 32% State Final Inspections/Compliance 5% Closeout Compliance 6% Estimated Project Completion Date: Once ready, please send b along with the POP extension request form. Sincerely, Lourdes Vargas Project Manager I Bureau ofMitigation Florida Division of Emergency Management Phone: (D5O)350-0D12 From: La|bachan-Mike Sent: Wednesday,August 23, 2U232:UUPM To: Lourdes Vargas Cc: Hurley-Christine ; Carmen Acosta Subject: RE: 4337-Sl3-R Project Status Request CAUTION: This eDl8i| originated from outside the organization. OO not click links or N� open attachments unless you recognize the sender and know the content iSsafe. � Hello Ms. Vargas Good Afternoon We have drafted u Period of Performance request(see attached) for project 4337-5|3-R. Please review and let me know if it's ok to sign. Secondly, as stated in the attached letter, we are working with the lust homeowner to develop an updated budget and scope of work. We will send you that second modification request shortly. thanks MikcL.ulhuchuo Mitigation Administrator, Flood»luio Monroe County Building Department Key Largo Office /305l453-8796 From: Lourdes Var8as < > Sent:Tuesday, August 22, 2U23l2:S3PM To: La|bachan Mike < � Cc: Hurley-Christine < >; Carmen Acosta < > Subject:4337-Sl3 R Project Status Request CAUTION:This email originated from outside of the County. Whether you know the sender or not, � dV not click links Vr open attachments you were not expecting. Good afternoon Mike, REF:4337-513-R Monroe County BOCC, Elevation of Residential Structures Project Status Hope everything is going well. We are reaching out to request a status on the project. According to the June 2023 Quarterly Report, some of the homeowners have withdrawn their applications. Please let us know an estimated time when we will receive the official request letter for a budget modification, an updated budget, and a POP extension if needed. Thank you, Lourdes Vargas Project Manager I Bureau of Mitigation Florida Division of Emergency Management Phone: (850)359-9812 II;;;;cau i.rcI,es.....V 2.L ��s � m.imy9loirida corm Under Florida law, correspondence with the Florida Division of Emergency Management concerning agency business that is neither confidential nor exempt pursuant to Florida Statutes is a public record and will be made available to the public upon request. C,,I COURJB' °A Kevin Madok CPA ' ►� `' CIerk of the Circuit CourtComptroller& — Monroe County, Florida da OryRbf COVNSy DATE: October 27, 2023 TO: Christine Hurley, Executive Director Monroe County Land Authority ATTN: Mike Lalbachan Administrator -Mitigation FROM: Liz Yongue, Deputy Clerk SUBJECT: October 18, 2023 BOCC Meeting The following item has been partially executed: F4 Modification to Subgrant Agreement#H0938 between The Division of Emergency Management and Monroe County (Sub-Recipient)to extend time of completion of elevation projects to February 28, 2025. Please send us the fully executed version once it has been received from the state, so we can add it to the record. Should you have any questions please feel free to contact me 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 SUB-RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU FISCAL OPERATIONS UNIT HMGP REQUEST FOR REVIEW AND APPR OVAL SUB-RECIPIENT: Monroe County PROJECT#: 4337-513-R PROJECT TITLE: Monroe County BOCC, Elevation of Residential Structuresl CONTRACT#: H0938 MODIFICATION #: 1 SUB RECIPIENT REPRESENTATIVE POINT OF CONTACT Mike Lalbachan, Mitigation Administrator Monroe County 102050 Overseas Highway Key Largo, Florida 33037 Enclosed is your copy of the proposed contract/modification between Monroe County and the Florida Division of Emergency Management (FDEM). COMPLETE ❑ This form is required to be included with all Reviews, Approvals, and Submittals ❑ Reviewed and Approved ❑ Signed & Dated Electronic Copy by Official Representative ❑ Copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign, if not Chairman, Mayor, or Chief ❑ Attachment I - Federal Funding Accountability and Transparency Act (FFATA) - completed, signed, and dated ❑ N/A for Modifications or State Funded Agreements ❑ Attachment K—Certification Regarding Lobbying - completed, signed, and dated ❑ N/A for Modifications or State Funded Agreements ❑ Attachment L—Contracts with Non-Profit Organizations - completed, signed, and dated ❑ Electronic Submittal to the Grant Specialist If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 359-9812 or email me at Lourdes.Vargas@em.myflorida.com. Contract Number: H0938 Project Number: 4337-513-R MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND MONROE COUNTY 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("Sub-Recipient")to modify Contract Number H0938, dated May 2, 2023, ("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$546,855.00 in Federal funds; and WHEREAS, the Division and the Sub-Recipient intend to modify the Agreement; and WHEREAS, the Agreement shall expire on February 28, 2024. WHEREAS, the Division and the Sub-Recipient intend 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 May 2, 2023 and shall end February 28, 2025; 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 executed this Modification as of the dates set out below. MONROE COUNTY ATTORNEYS OFFICE APPROVED AS TO FORM SUB-RECIp T: MONR O i/0 --66STANT COUNTY ATTORNEY Name and Title: Crai Cates Ma or ����� `J DATM 10-03-2023 Date: October 18, 2023 P o h ST.KEVIN MA00K CLERK ~`r EPUTY LERK S;OU:IT STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Kevin Guthrie, Director Date: 2 3102 Attachment A (1st Revision) Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to elevate (4) single family properties in Monroe County, Florida, funded through the Hazard Mitigation Grant Program(HMGP)DR-4337-513-R, as approved by the Florida Division of Emergency Management(Division)and the Federal Emergency Management Agency(FEMA). The Sub-Recipient, Monroe County, agrees to administer and complete the project per the application 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 Hazard Mitigation Grant Program project, the Sub-Recipient proposes to provide flood protection to four (4)single family properties, located in Monroe County, Florida, 33043, 33050, and 33001. The proposed project shall elevate the existing one-story structures above the Base Flood Elevation (BFE)with at least 2.0 feet of freeboard. The scope of work shall include building and site preparation along with disconnection and reconnection of utilities. The structures shall be separated from their foundation and raised in place with hydraulic jacks. A new open foundation on piers, pilings or concrete columns shall be erected per engineering designs and temporary lifting equipment shall be released after the foundation system is appropriately connected to each floor structure. Construction of appropriate means of ingress and egress shall be provided, and all utilities and service equipment shall be elevated to required height. The subject structures, located within the community's Special Flood Hazard Areas (SFHA), are at risk of flooding since their lowest floor elevations are well below the identified Base Flood Elevations (BFE). The proposed project shall greatly reduce future damage, health, and safety risk for these homeowners. ID# Property Address Construction Existing Lowest Base Flood Type Foundation Floor Elevation Elevation (NAVD88) (NAVD88) 1) 1655 Sunrise Drive, Big Pine Concrete Concrete slab- 5.8 feet 9.0 feet Key, Florida 33043 block on-grade 2) 543 109th Street Ocean, Concrete Concrete slab- 3.0 feet 8.0 feet Marathon, Florida 33050 block on-grade 3) 65821 Overseas Highway Manufactured Elevated on a 5.5 feet 13 feet 275, Long Key, Florida 33001 concrete block foundation 4) 30035 Angelfish Road, Big Wood frame Elevated on a 5.4 feet 8.0 feet Pine Key, Florida 33043 concrete block foundation The habitable living areas of the original structure shall be elevated, and the non-habitable areas (if any) shall be converted to storage or parking. The project shall be designed and constructed in compliance with the Florida Building Code, ASCE 24-14 or latest edition, the Federal Flood Risk Management Standards (FFRMS), National Flood Insurance Program (NFIP)standards in 44 CFR, Part 60 and/or local floodplain ordinances or any other applicable local regulations. The project shall provide protection against a 100-year storm event. Activities shall be completed in strict 3 compliance with Federal, State and Local applicable Rules and Regulations. Project Locations: ID# Location Coordinates 1) 1655 Sunrise Drive, Big Pine Key, Florida (24.693949, -81.356582) 33043 2) 543 109th Street Ocean, Marathon, Florida (24.727249, -81.037156) 33050 3) 65821 Overseas Highway 275, Long Key, (24.807161, -80.844801) Florida 33001 4) 30035 Angelfish Road, Big Pine Key, Florida (24.668158, -81.363023) 33043 TASKS&DELIVERABLES: A) Tasks: 1) The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub-Recipient's procurement policy as well as all federal and state laws and regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub-Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per conceptual 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 the selected contractor. 2) The Sub-Recipient shall monitor and manage the installation to provide flood protection. The project shall be implemented in accordance with conceptual 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 consists of the general construction and furnishing of all materials, equipment, labor and 4 fees to minimize recurring flooding and reduce repetitive flood loss to structures and roadways. The Sub-Recipient shall fully perform the approved project, as described in the submitted documents, in accordance with the approved scope of work, budget line item, allocation of funds and applicable terms and conditions indicated herein. The Sub-Recipient shall not deviate from the approved project terms and conditions. Construction activities shall be completed by a qualified and licensed Florida contractor. All construction activities shall be monitored by the professional of record. The Sub-Recipient shall complete the project in accordance with all required permits. All work shall be completed in accordance with applicable codes and standards. 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 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 for closeout shall include: a) Local Building Official Building Permit. b) A Copy of the Certificate of Occupancy or copy of the Local Building Official Inspection Report and Final Approval, as applicable. 1. Certifying that the structure is code-compliant. c) A Copy of the Elevation Certificate before mitigation, if available. d) A Copy of the Final Elevation Certificate (FEMA Form 81-31), after mitigation — ensuring the structure has been elevated to the proper elevation. e) All Product Specification/Data Sheets (technical standards)satisfying protective requirements on all products utilized. f) Signed notices from the affected property owner in the Special Flood Hazard Area (SFHA)that the Sub-Recipient shall record a Deed Notice applicable to their property, as described in section (h), below, and that they shall maintain flood insurance. g) Verification that the property located within a SFHA is covered by an NFIP flood insurance policy to the amount at least equal to the project cost or to the maximum limit of coverage made available with respect to the particular property, whichever is less. h) Confirmation that the Sub-Recipient (or property owner) has legally recorded with the county or appropriate jurisdiction's land records a notice that includes the name of the current property owner (including book/page reference to record of current title, if readily available), a legal description of the property, and the following notice of flood insurance requirements: "This property has received Federal hazard mitigation assistance. Federal law requires that flood insurance coverage on this property must be maintained during the life of the property regardless of transfer of ownership of such property, pursuant to 42 U.S.C. §5154a, failure to maintain flood insurance on this property may prohibit the owner from receiving Federal disaster assistance with respect to this property in the event of a flood disaster. The property owner is also required to maintain this property in accordance with the floodplain management criteria of 44 CFR 60.3 and City/County Ordinances." i) Letter verifying if prehistoric or historic artifacts, intact archaeological features or deposits, or human remains were discovered during project activities and, if so, how they were handled in accordance with Florida Statutes, Section 872.05. 5 j) Prior to project commencement, documentation showing proposed source and location of fill material. k) Copy of floodplain permit and verification of compliance; if no permit was needed, a letter stating "No Permit Required" from the local floodplain administrator obtained prior to project commencement. 1) Proof of compliance with Project Conditions and Requirements 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, not all project activities may 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. 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 6 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, conceptual designs, and construction 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 elevation of four (4)single family properties, located in Monroe County, Florida 33043, 33050 and 33001, to include elevation in place of existing structures. The habitable living areas of the original structure shall be elevated, and the non-habitable areas (if any) shall be converted to storage or parking. The project shall be designed and constructed in compliance with the Florida Building Code, ASCE 24-14 or latest edition, the Federal Flood Risk Management Standards (FFRMS), NFIP standards in 44 CFR, Part 60 and/or local floodplain ordinances or any other applicable local 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: 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 a copy of the Certificate of Occupancy or any local official Inspection Report and/or Final Approval, as applicable. 7 3) The Sub-Recipient shall provide a copy of the Elevation Certificate prepared before mitigation, if available. 4) The Sub-Recipient shall submit a copy of the Elevation Certificate prepared after mitigation, showing the Base Flood Elevation and the elevation of all components. 5) The Sub-Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards) satisfying protect requirements on all products utilized. 6) All installations shall be done in strict compliance with the Florida Building Code or any local codes and ordinances.All materials shall be certified to exceed the wind and impact standards of the current local codes. 7) 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. D) Environmental: 1) 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 mayjeopardize 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 shall 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, shall require re-submission of the application to FEMA through the Division for National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA) re-evaluation before starting project work. 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, prehistoric or historic artifacts or intact archaeological features or 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 8 encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, Florida Statutes. 5) Prior to project commencement, the Sub-Recipient must identify the source and location of fill material and provide this information to the Division 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 shall be required. Failure to comply with this condition may jeopardize FEMA funding; verification of compliance shall be required are project closeout. 6) The Sub-Recipient must obtain a 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. 7) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. 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) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted, along with substantiation of new expiration date and a new schedule of work,to the Division a minimum of seventy (70)days prior to the expiration date, for Division processing to FEMA. 5) 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. 6) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 7) The Sub-Recipient shall provide Verification of Flood Insurance on the property prior to closeout. 8) Special Conditions required on implementation of project: a. EO 11988 CONDITION: 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— Floodplains Monitoring Required: No b. NHPA CONDITION: 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 c. NHPA CONDITION: 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 9 Statutes. Source of condition: National Historic Preservation Act(NHPA)Monitoring Required: No d. NHPA CONDITION: If human remains or intact archaeological features or deposits (e.g., arrowheads, pottery,glass, metal, etc.)are uncovered,work in the vicinity of the discoverywill 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 9) 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. 10) 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 4337-513-R. It is funded under HMGP, FEMA-4337-DR-FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4337. FEMA awarded this project on December 16, 2022;with a Pre-Award date of April 1, 2022;this Agreement was executed on May 2, 2023, and the Period of Performance for this project shall end on February 28, 2025. 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; 10 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 Contracting: 2 Months Construction Plan/Technical Specifications: 2 Months Bidding /Local Procurement: 4 Months Permitting: 1 Month Construction / Installation: 6 Months Local Inspections/Compliance: 8 Months State Final Inspection /Compliance: 1 Month Closeout Compliance: 2 Months Total Period of Performance: 26 Months BUDGET Line Item Budget* Project Cost Federal Cost Non-Federal Cost Materials: $319,700.00 $239,775.00 $79,925.00 Labor: $307,650.00 $230,737.50 $76,912.50 Fees: $69,790.00 $52,342.50 $17,447.50 "Pre-Award: $8,000.00 $6,000.00 $2,000.00 Initial Agreement Amount: $705,140.00 $528,855.00 $176,285.00 ***Contingency Funds: $15,000.00 $11,250.00 $3,750.00 Project Total: $720,140.00 $540,105.00 $180,035.00 ****SRMC SRMC: $18,000.00 $18,000.00 SRMC Total: $18,000.00 $18,000.00 *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 project has a Pre-Award, approved by FEMA in the amount of$8,000.00 project costs with a start date of April 1, 2022. *** This project has an estimated $15,000.00 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. 11 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 $18,000.00 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: $540,105.00 (75.00%) Non-Federal Share: $180,035.00 (25.00%) Total Project Cost: $720,140.00 (100.00%) SRMC (100% Federal) $18,000.00 12