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1st Modification 04/17/2024 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: April 30, 2024 TO: Cary Vick, Interim Director Project Management Breanne Erickson, Contract/Budget Administrator Project Management FROM: Liz Yongue, Deputy Clerk SUBJECT: April 17, 2024 BOCC Meeting The following item has been executed and added to the record: C7 1 st Modification to the Grant Agreement with the Florida Division of Emergency Management Grant Project No. 4337-524-R (Contract# H0820) for the purchase and installation of generators at critical County facilities. This Modification 41 extends the expiration date of the grant agreement for one year from April 30, 2023 to April 30, 2024. 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 Contract Number: H0820 Project Number: 4337-524-R MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND MONROE COUNTY This Modification Number One made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and Monroe County ("the Sub-Recipient")to modify Contract Number H0820, dated, August 1, 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$396,000.00, in Federal Funds; and WHEREAS, the Division and the Sub-Recipient intend to modify the Agreement; and WHEREAS, the Agreement expired on April 30, 2023; and WHEREAS, the Division and the Sub-Recipient intend to reinstate and extend the terms of the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated and extended as though it had never expired. 2. Paragraph 8 of the Agreement is hereby amended to read as follows: (8) PERIOD OF AGREEMENT This Agreement shall begin August 1, 2022 and shall end April 30, 2024, unless terminated earlier in accordance with the provisions of Paragraph (17)of this Agreement. 3. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as set forth in 1st Revision Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 4. All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective on the date of execution of this Modification by both parties. 5. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 6. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. IN WITNESS WHEREOF,the parties hereto have executed this Modification as of the dates set out below. Kevin Madok Clerk SUB-RECIPIENT:.MONROE COUNTY = :' : 'I• J , obkio(AlvIr B y �� : 'As eputy Clerk Name and Title: Mayor Holly Merrill Raschein `° ' �e• .:,. NROE COUNTY ATTORNEYS OFFICE APPROVED AS TO FORM Date: Lit tl - /-1 ter. A(tir DATE: 3-25-2024 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT ' al sined Laura Dh u w e :DDigitate: ly 2024g.04.29b 0:18:44Laura Dhuwe'-04'00 By: Name and Title: Kevin Guthrie.Director 29—APR-2024 Date: ‹ r, CD y.�. cn Attachment A (1st Revision) Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to provide protection to County Critical Facilities, in Monroe County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-524-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency(FEMA). The project is for the purchase and installation of an emergency system to reduce and/or mitigate the damage that might otherwise occur from severe weather or other hazards. The Sub-Recipient, Monroe County, shall conduct Phase I — Design of this project, which includes the engineering designs and calculations, surveys, permitting, and notices. No construction activities are approved at this time. The Sub-Recipient shall complete the Phase I work in accordance with all applicable federal, state and local laws, regulations and codes. PROJECT OVERVIEW: As a Hazard Mitigation Grant Program (HMGP) project, the Sub-Recipient shall provide backup power to forty-five (45) critical facilities within Monroe County, Florida. The scope of work is for Phase I only, which includes but is not limited to surveying, engineering, design, plans preparation, permitting and bidding for the proposed project, for Phase 11 approval. No construction activities for this project have been approved. When completed, the Sub-Recipient shall provide deliverables for Phase 11 review of the following proposed activities. The design proposed for Phase 11 scope shall include purchasing and installing twenty-one (21)permanent generators with capacities ranging from 30kW to 225kW, or the adequate size determined by the vendor and/or an electrical engineer during the bid process to appropriately support the critical facilities, along with necessary automatic transfer switches(ATS),wiring and other installation requirements. The project also includes the purchase of fourteen (14) portable generators with capacities ranging from 50kW to 750kW, or the adequate size determined by the vendor and/or an electrical engineer during the bid process to appropriately support the critical facilities, and the necessary support equipment and fueling tank to be deployed at a total of twenty-four (24) critical facilities. In addition, the project includes purchase and installation of two 5,000-gallon fuel tanks to be installed at the Monroe County Sheriffs Office Headquarters to provide increased run time before being refilled. The permanent generator(s) 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 portable generators shall be stored at a location protected against a 500-year flood event or located outside the 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 diesel fuel tanks shall be buried underground at a sufficient depth to protect against flooding threats and consistent with VE Zone flooding risks such as damage from wave action and inundation of critical components. Activities shall be completed in strict compliance with Federal, State and Local Rules and Regulations. Project Locations (Permanent Generators): ............................................................ ............................................................... .................................... ..I.D#....Faci.1.4..................................... ..Location......................................k.W.... ..Coordinates................... ...... . ... . . .... . ... ...... . . . .. . 1 Monroe County Public Works 111 Overseas Highway, 35 (24.590688, - &Garage Facility-Rockland Key West, Florida, 33040 81.681131) ............... 2) Monroe County Bayshore 5200 College Road, 175 (24.573217, - Manor Assisted Living Facility Key West Florida 33040 81.749536)� ................................... ..... ................................................. .................. 3) Monroe County Cudjoe 20950 Overseas Highway, 100 (24.664437, - Sheriffs Substation Cud.oe Key, Florida 33050 81.506318)� ......... ............. ........................ ......... ......... . ........J......... ............................................ .................. 4) Scout Key/West Surnmerland N/A 80 (24.650691, - Emergency Communications 81.309598) Tower ............................................................ ............................................................... .................................... 5) Marathon Key Emergency 2796 Overseas Highway, 30 (24.712303, - Communications Tower Marathon, Florida 33050 81.097717)______ ............................................................ ............................................................... ............... .. 6) Monroe County Public Works 10500 Aviation Boulevard, 35 (24.731443, - Yard Yard-..Mar.at.hon.......................... ..Marathon ........................ ..8.1....04.1.228)� ........ ..... .. .... . ... ..... 7) Plantation Key Public Works 87831 Overseas Highway, 85 (24.969172, - ...........G.a.r.N.e...................................... ..I.slamo.ra.d.a.,..F.I.o.r.i.d.a.3303.6....... 80,558801)� ........ .. . . . . . . ....... . .... ............8) Tavernier Fire Station 151 Marine Avenue, 175 (25.01064, - Tavernier, Florida 33070 80.517326) ............................................................ ............................................................... .................................... 9) Monroe County Plantation 300 Magnolia Street 125 (25.099587, - Key/Magnolia Public Works Key Largo, Florida 33070 80.432490) Yard ............................................................ ............................................................... .................................... 10) Key Largo/Andros Road N/A 35 (25.166866, - Emergency Communications 80.374706) Tower ............................................................ ............................................................... .................................... 11) Marathon Government Center 2798 Overseas Highway, 225 (24.711168, - ...........(EOC.).......... Marathon, Florida 33050 81 097218)� ....... ............................. ............................................................... ..... ............ 12) Monroe County Fleet Garage 10500 Aviation Boulevard 120 (24.730975, - ............................................................ ..M.a.r.a.t.h.o.n,..Florid.a..3.3.0.5.0........................ ..8.1....04.1.9.1.6)� 13) Monroe County Sheriffs Office 3103 Overseas Highway, 100 (24.710342, - Marathon Substation Marathon, Florida 33050 81.096018)� ............................................................ ............................................................... .................. 14) Layton Volunteer Fire 68260 Overseas Highway, 35 (24.824953, - ...........Department#18 .... ........................................... ...15) Layton Volunteer Fire 68260 Overseas Highway, 35 (24.825264, - Department#18 Living Long Key, Florida 33001 80.814274) Quarters ............................................................ ............................................................... .................................... 16) Lower Sugarloaf Fire Station 17175 Overseas Highway, 35 (24.647249, - #10 Surnmerland Key, Florida 81.564237) 33042 ............................................................ ............................................................... .................................... 17) Big Coppitt Fire Station #9 28 Emerald Drive, 150 (24.598015, - Key West, Florida 33040 81.655732) ............................................................ ............................................................... .................................... 18) Cudjoe Solid Waste Transfer N/A 35 (24.677533, - 3)Station 81.50684 � ............................................................ ............................................................... .................. 19) Long Key Solid Waste N/A 35 (24.821925, - Transfer Station 80.820452)� ............................................................ ............................................................... .................. 20) Key Largo Solid Waste N/A 35 (25.237378, - Transfer Station 80.325045)� ............................................................ ............................................................... .................. 21) Monroe County Fire Academy 56633 Overseas Highway, 100 (24.752268, - Marathon Florida 33050 80.976992)� ............................................................ ................................................... ............................ Project Locations (Portable Generators): ............ID#''' Facility Location ''Coordinates.... .... ............................................ ........................................... ...... . . . .. ........__.........ty......................................................................... ..................................... 1) Florida Keys Marathon 9000 Overseas Highway, 750 (24.725041, - International Airport Marathon, Florida 33050 81 8,A rp 051�53 .............................. .... ........................................................... ............. ... ..... ..... ......... ............. ............. ............. ............. ............. ............. ............. ............. ............. .. ........... ............. . ............ ............. ......................... 2) Key West International 3491 S Roosevelt Boulevard, 750 (24.553175, - Airport Key West Florida 33040 81 754293) ........................ ............. .. ........... ............. . ........... 3) Marathon Middle High 350 Sombrero Beach Road, 400 (24.704423, - School Marathon Florida 33050 81 077336) ......... ............. ............. ............. ............. ............. ............. ............. ............. ............. .. ........... ............. . ............ ............. ......................... 4) Coral Shores High School 89901 Old Highway, 200 (24.994451, - Tavernier Florida 33070 80 537795) ......... ............. ............. ............. ............. ............. ............. ............. ............. ............. .. ........... ............. . ............ ............. ......................... 5) Key West High School 2100 Flagler Avenue, 200 (24.553902, - Key West Florida 33040 81 777839) ......... ............. ............. ............. ............. ............ 6) Key Largo School 104801 Overseas Highway, 100 (25.154156, - Key Largo Florida 33037 80 387795) ......... ............. ............. ............. ............. ............. ........ .. ........... ............. . ........... 7) Sugarloaf School 255 Crane Boulevard, 100 (24.660750, - Upper Sugarloaf Key, Florida 81.529880) 33042 ......... ............. ............. ............. ............. ........... ............. ............. ............. ............. .. ........... ............. . ............ ............. ......................... 8) Horace O'Bryant School 1105 Leon Street, 100 (24.557278, - Key West Florida 33040 81 787271) ......... ............. ............. ............. ............. ............ ............. .. ........... ............. . ........... 9) Plantation Key School 100 Lake Road, 100 (24.991372, - Tavernier, Florida 33070 80 540916) ......... ............. ............. ............. ............. ............. ............. ............. ............. ............. .. ........... ............. . ............ ............ ......................... 10) Gerald Adams 5855 College Road, 100 (24.581069, - Elementary School Key West, Florida 33040 81.746057) ......... ............. ............. ............. ............. ............. ............. ............. ............. ............. .. ........... ............. . ............ ............. ......................... 11) Poinciana Elementary 1407 Kennedy Drive, 50 (24.563070, - School Key West, Florida 33040 81.766213) ......... ............. ............. ............. ............. ............. ............. ............. ............. ............. .. ........... ............. . ............ ............. ......................... 12) Stanley Switlik 3400 Overseas Highway, 50 (24.713068, - Elementary School Marathon, Florida 33050 81.094187) ......... ............. ............. ............. ............. ............. ............. ............. ............. ............. .. ........... ............. . ............ ............. ......................... 13) Pines Park 3501 South Roosevelt 50 (24.552182, - Boulevard, 81.755269) Key West Florida 33040 .......................................... ................... ............. .. ........... ............. . ............ ............. ......................... 14) Bernstein Park 6751 5th Street, 50 (24.567871, - Stock Island Florida 33040 81 740601) ......... ............. ............. ............. ............. ............. ............. ............. ............. ............. .. ........... ............. . ............ ............ ......................... 15) Big Pine Park (MC) 31009 Atlantis Drive, Alternative (24.677981, - Big Pine Key Florida 33043 Site 81 347034) ......... ............. ............. ............. ............. ............ .. ........... ............. . ........... 16) Islamorada County 81830 Overseas Highway, Alternative (24.917583, - Library Islamorada Florida 33036 Site 80.636894) ................... ............. .. ........... ............. . ........... 17) Jerry Ellis Building 88820 Overseas Highway, Alternative (24.979939, - Tavernier, Florida 33070 Site 80 549787) ......... ............. ............. ............. ............. ............. ............. ............. ............. ............. .. ........... ............. . ............ ............ ......................... 18) Plantation Key 88820 Overseas Highway, Alternative (24.980193, - Courthouse Tavernier Florida 33070 Site 80 551172) ......... ............. ............. ............. ............. ............. ............. ............. ............. ............. .. ........... ............. . ............ ............. ......................... 19) Harry Harris Park (MC) 50 Beach Road, Alternative (25.027124, - Key Largo Florida 33037 Site 80 493304) ......... ............. ............. ............. ............. ............. ........ .. ........... ............. . ........... 20) Key Largo Community 500 St Croix Place, Alternative (25.092774, - Park (MC) Key Largo, Florida 33037 Site 80.438750) ......... ............. ............. ............. ............. ............. ............. ............. ............. ............. .. ........... ............. . ............ ............. ......................... 21) Friendship Park Key 69 Hibiscus Lane, Alternative (25.111668, - Largo Key Largo, Florida 33037 Site 80.422712) ......... ............. ............. ............. ............. ............. ............. ............. ............. ............. .. ........... ............. . ............ ............. ......................... 22) Baypoint (Saddlebunch 5 W Circle Drive, Alternative (24.627896, - Keys) (MS) Key West, Florida 33040 Site 81.593642) ......... ............. ............. ............. ............. ............. ............. ............. ............. ............. .. ........... ............. . ............ ............. ......................... 23) College of the Florida 5901 College Road, Alternative (24.583603, - Keys Key West Florida 33040 Site 81 744226) ............. .. ........... ............. . ........... 24) Mobile Generator Support 3583 S. Roosevelt Boulevard, Alternative (24.553496, - E.q.uipment............ ............ ......Key West Florida 33040........... ....Site ............ ..81._75.?.9.79.) Project Locations (Fuel Tank): ......... ............. ............. ............. ............. ............ ............. ............. ............. ............. ............. ............. ............. ............. ........................ ID# Facility Location Coordinates .... ............. ..... ............. ............. ............. ............. .......................... ............. ............. ......................... 1) Monroe County Sheriffs 5525 College Road, Tank 1 (24.576859, - Office Headquarters Key West, Florida 33040 81 752128) Tank 2 (24.576381, - 81 752159) 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 sealed engineering designs and construction plans presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub-Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub-Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub- Recipient within 10 days of execution. The Sub-Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub-Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub-Recipient shall monitor and manage the Phase I portion of this project in accordance with the Hazard Mitigation Grant Program application and supporting documentation as submitted to the Division and subsequently approved by the Division and FEMA. The Division and FEMA shall render a Phase 11 determination upon completion of the review of Phase I deliverables. No construction activities are approved at this time. The Sub-Recipient shall ensure that all applicable state, local and federal laws and regulations are followed and documented, as appropriate. Phase I consists of fees; for conducting survey, study, engineering, design, public notices, and/or permitting associated with the design of the Generator(s). Verification shall be necessary for determining project eligibility for Phase 11. All Phase I work shall be completed in accordance with all applicable state, local and federal laws and regulations and documented, as appropriate. Upon completion of 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) Two sets of engineering Signed/Sealed final design plans and analysis, and surveying. c) Revised cost estimate for Phase II —construction (include Phase I costs), to implement the design project. d) A copy of electrical designs, specifications and/or drawings elaborated to complete the scope. e) All Product Specifications/Data Sheet(s) (technical standards)satisfying protection requirements on all products to be utilized. f) Color maps including topographical, aerial, and ground disturbance for each location. g) Color photographs of the project area. h) 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, 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. 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 Phase I costs related to the project as identified in the project application, and this scope of work. 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 Request for Reimbursement shall include the final Phase I project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverables: Mitigation Activities consist of Phase I activities, which include engineering, designing, plans preparation, permitting and bidding for the proposed project, for Phase 11 review/approval, to provide backup power to forty-five (45) critical facilities within Monroe County, Florida by purchasing and installing twenty-one (21) permanent generators with capacities ranging from 30kW to 225kW and purchasing fourteen (14) portable generators with capacities ranging from 50kW to 750kW, or the adequate size determined by the vendor and/or an electrical engineer during the bid process to appropriately support the critical facilities. The project also includes purchase and installation of two 5,000-gallon fuel tanks to be installed at the Monroe County Sheriffs Office Headquarters to provide increased run time before being refilled. The generator(s)shall be protected against a 500-year flood event by implementing specific activities or by locating the generator(s) outside the 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 portable generators shall be stored at a location protected against a 500-year flood event or located outside the SFHA and shall be protected against wind with a rated enclosure based on its location requirements. Activities shall be completed in strict compliance with Federal, State and Local Rules and Regulations. Provided the Sub-Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub-Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C) Engineering: 1) The Sub-Recipient shall submit Engineering plans and bidding documents prepared to complete the project. 2) Design documents shall provide a detailed description that includes specifics on project scope of work, depth and extent of ground disturbance at all proposed construction locations of the project. 3) Submit a refined cost estimate,to include Phase I Fees and Phase II Construction Materials and Labor. 4) The Sub-Recipient shall submit a final copy of any electrical designs, specifications and/or drawings elaborated to design this project. 5) The Sub-Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards) satisfying protection requirements on all products utilized. D) Environmental: 1) Any change to the approved scope of work shall require re-evaluation for compliance with NEPA and other Laws and Executive Orders. 2) Acceptance of federal funding requires the 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. 3) Meet all required Environmental laws and policies, and all necessary Environmental compliance documents shall be obtained as applicable. a) United States Army Corps of Engineers (USACE): Consultation with the USACE is required. A permit or No Permit Required shall be submitted. 4) Historical Preservation compliance documents shall be obtained. Review documentation required: a) Color maps including topographical and aerial with the project location clearly marked. b) Color photographs of any area with ground disturbance (electronic). c) Indicate if project site is located within a designated historic district or historic neighborhood. 5) Tribal Consultation shall be required for proposed ground disturbing activities. The following documents shall be required and submitted as part of deliverables: a) Color ground disturbance maps showing the full extent of the project footprint and depth of ground disturbance. Geographic latitude/longitude (decimal degree format)of the proposed construction areas and staging areas. b) Previous and current use of proposed project area. c) Any known site work or historic uses for the proposed location. d) Any available studies that may have taken place on the property. 6) Phase I of this project is approved with the condition that the above list of deliverables shall be submitted for review and approval by the Division and FEMA before Phase 11 is considered. 7) No construction work may begin until Phase 11 is approved by the Division and FEMA. E) Programmatic: 1) The Sub-Recipient must notify the Division as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 2) The Sub-Recipient must "obtain prior written approval for any budget revision which would result in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA. 3) The Division and FEMA shall approve a change in the scope of work in advance, regardless of the impact to the budget. 4) Project is approved with the condition that the enclosed list of deliverables shall be submitted 30 days prior to the Period of Performance date, for review and approval by the Division, for submittal to FEMA for closeout. 5) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted, along with substantiation of new expiration date and a new schedule of work, to the Division, a minimum of seventy(70)days prior to the expiration date, for Division processing to FEMA. 6) The Sub-Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. 7) A copy of any executed subcontract agreement must be forwarded to the Division within 10 days of execution. 8) Phase I — Design of this 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 before Phase 11 —Construction is considered. 9) When Phase I is completed, the Sub-Recipient must provide 100% completed designs, calculations, a full set of signed and sealed plans and, permits for a Phase 11 review. A final BCA using developed technical data and study results will take place. The data inputs to the final BCA for Phase 11 approval, must be based on the inputs and outputs of a hazard related study such as erosion, Hydraulic & Hydrologic study, damage calculations, road closures, etc. No assumptions or historical damage will be acceptable for final BCA of Phase 11 approval. No construction activities for this project have been approved. 10) Letter or documentation showing that when deployed the generator shall be protected to the 500-year (0.2% annual chance)flood elevation, and when not in use it will be stored in an un-shaded X zone or protected to the 500-year (0.2% annual chance) flood elevation if stored in a Special Flood Hazard Area (SFHA)or shaded X zone. a) The permanent generators shall be protected to the 500-year (0.2 % annual chance) flood elevation. Provide letter stating which protective option shall be selected. b) Coordinates of each location where the portable generators will be stored. c) If the insurable structures remain in the Special Flood Hazard Area, provide proof of insurance. 11) 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. 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 4337-524-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 January 25, 2022; with a Pre-Award date of January 23, 2018; this Agreement was executed on August 1, 2022, and the Period of Performance for this project shall end on April 30, 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 I — State Contracting: 7 Months Bidding /Local Procurement: 10 Months Design Specifications: 6 Months Permitting /Survey: 2 Months Deliverables Submitted to FDEM: 2 Months Total Period of Performance: 27 Months BUDGET Line Item Budget* Project Cost Federal Cost Non-Federal Cost Materials: $0.00 $0.00 $0.00 Labor: $0.00 $0.00 $0.00 Fees: $450,000.00 $337,500.00 $112,500.00 "Pre-Award: $45,000.00 $33,750.00 $11,250.00 Initial Agreement Amount: $495,000.00 $371,250.00 $123,750.00 ***Contingency Funds: $0.00 $0.00 $0.00 Project Total: $495,000.00 $371,250.00 $123,750.00 ****SRMC SRMC: $24,750.00 $24,750.00 SRMC Total: $24,750.00 $24,750.00 *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$45,000.00 project costs with a start date of January 23, 2018. ***This project has an estimated$0.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part VI, D.3.4—Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re-budgeted to another direct cost category and identified. Post-award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. Project Management costs are included for this project in the amount of$0.00. **** Sub-Recipient Management Costs (SRMC) are included for this project in the amount of $24,750.00 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: $371,250.00 (75.00%) Non-Federal Share: $123,750.00 (25.00%) Total Project Cost: $495,000.00 (100.00%) SRMC (100% Federal) $24,750.00 �Txs�ryF °nss vP STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis Kevin Guthrie Governor Director April 23, 2024 Mr. Kevin Wilson Assistant County Manager 1100 Simonton Street, Suite 205 Key West, Florida 33040 Re: Project #4337-524-R, Monroe County Dear Mr. Wilson: Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract modification number one (#1) (Contract #H0820) between Monroe County and the Division of Emergency Management. Please email all Requests for Reimbursement (Attachment D) to the project manager at f w it°rr: :fiii° . c : w Wfiirr .ir�r fll irli(°Ja,coirn. 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, Digitally signed by Laura Laura Dhuwe D"uwe Date:202 4.04.29 10:18:56 -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 vvvvvv.FloridaDisaster.ora 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631