HomeMy WebLinkAbout1st Modification 03/25/2025 °,,I COURJB'
Kevin Madok, CPA
5ts
cOUNSy 4 Clerk of the Circuit Court& Comptroller Monroe County, Florida
DATE: May 19, 2025
TO: Judith Clarke, PE, Director Engineering/Roads & Bridges
Mike Lalbachan, Mitigation Administrator-Floodplain
Building Department
FROM: Liz Yongue, Deputy Clerk
SUBJECT: March 25, 2025 BOCC Meeting
The following item has been executed and added to the record:
C4 Florida Division of Emergency Management(FDEM)Hazard Mitigation Grant
Program (HMGP) Contract#H1044 Modification #1 that extends the Period of Performance
(POP) end date for the grant from January 31, 2025 to June 30, 2026. The agreement provides
federal funds in the amount of$10,315,823.41 to partially fund Phase I Engineering Design and
Permitting Services for Monroe County Roads Flood Control Projects in Big Coppitt, Winston
Waterways (Key Largo) and on Flagler Avenue (Key West).
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: H1044
Project Number: 4399-161-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 H1044, dated, February 12, 2024 ("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$10,315,823.41, in Federal Funds; and
WHEREAS, the Division and the Sub-Recipient intend to modify the Agreement; and
WHEREAS, the Agreement expired on January 31, 2025; 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 February 12, 2024, and shall end June 30, 2026, 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.
7. Attachment L- Florida Accountability Contract Tracking System (FACTS) Requirements for Non-
profit Organizations Under Section 216.1366, Florida Statutes, Instructions and Worksheet is
hereby incorporated into the Agreement and is required to be completed by the subrecipient and
returned the Division.
1
IN WITNESS WI-IIEREOF;the parties hereto have executed this Modification as of the dates set
out below.
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1 .`.es k Madok, Clerk
SU�B-RECIPIENT:.MONROE COUNTY � . ' . : '� .. . ":�..•�'� . . •
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Name and Title: James K. Scholl, Mayor : :,.•.:� c'�., y[,,
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MBE COUNTY ATTORNEY
APPROVED AS TO FORM
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STATE OF.FLORIDA
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DIVISION OF EMERGENCY MANAGEMENT
La Li 1 a DhU V V e D
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By: .
Name and Title: .Kevin Guthrie, Director
13-MAY-2025
Date:
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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 improve drainage of county-wide roads in the Florida Keys, Monroe
County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4399-161-R, as
approved by the Florida Division of Emergency Management (Division) and the Federal Emergency
Management Agency (FEMA).
The Sub-Recipient, Monroe County, shall conduct Phase I of this project, which includes the preliminary
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 project, the Sub-Recipient proposes a flood risk reduction project to
mitigate flooding in six (6) areas of the Florida Keys. Specifically, the project is to be implemented in Area
4 (Stillwright Point 1 and 2 Paradise Point Cove in Key Largo, Florida 33037);Area 10 (Winston Waterways
and Largo Gardens in Key Largo, Florida 33037); Area 52-A (Gulfrest Park, Gulfrest Park No. 2, Coppitt
Extension, Coppitt Resub, Johnsonville, Gulf View, and Similar Sound Section A subdivisions in Big Coppitt,
Florida 33040) and Area 59-B (Flagler Avenue, in Key West, Florida 33040). Area 11 (Key Largo Trailer
Village/Key Largo Trailer Park First Addition in Key Largo, Florida 33037)and Area 37 (Jolly Roger Estates
in Little Torch Key, Florida 33042) are considered alternate locations. Coordinates (25.161560, -
80.394462).
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 Phase 11 proposed scope of work shall improve the existing drainage system by installing a new
stormwater collection system and modifying the roadway throughout the project limits to be at higher
elevations. The proposed stormwater management system improvements include the installation of
catch basins and piping to collect stormwater within the county rights-of-way, construction of pump
stations that include submersible pumps, a stormwater treatment unit (i.e., pollution control structure), a
control panel for telemetry and a permanent emergency generator, force main, and pressurized injection
wells for stormwater disposal. Sediment baffles shall be installed at all catch basins and upstream to
the pump stations to prevent heavy particulates and other pollutants from entering the system. The
capacity of the pump station(s)depends on the size and characteristics of the project area and are to be
determined during the drainage analysis portion of the engineering design phase. A minimum target
edge of pavement elevation of 2.26 feet (NAVD88) is required to meet the projected 2045 Sea Level
Rise; however, to avoid disruptions and right-of-way impacts throughout the project limits, some sections
of the roadway must remain at the existing grade. To make the roadway more resilient, it shall be
reconstructed with an asphalt"Black" base course to mitigate the decreasing groundwater clearance and
to provide an impermeable layer that shall withstand future submerged conditions. In areas where
drainage improvements are not feasible, the proposed minimum pavement elevation is to be 3.40 feet.
All pump stations shall be provided with a permanent emergency diesel generator with a capacity of 600
kW, or the adequate size determined by the vendor and/or an electrical engineer during the bid process
to appropriately support the critical utility. The project also includes the installation of a concrete pad
and an Automatic Transfer Switch (ATS). The county's target runtime for the generators is 72 hours, but
the fuel use anticipated duration and fuel tank location, if necessary,shall be defined in the design phase.
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The project areas are currently subject to frequent and extensive flooding, causing considerable hardship
for residents. The existing passive gravity drainage infrastructure is outdated and not capable of
providing adequate stormwater collection and conveyance due to sea level rise impacts to groundwater
elevation. This situation significantly hampers their ability to enter and exit the community, leading to
challenges in delivering basic community services like law enforcement patrols, postal services, and
garbage collection. The project shall address the lack of capacity of the existing system that historically
caused residents to experience repetitive flooding on roads and structural damages.
The project shall be designed to provide protection against a 5-year storm event. Activities shall be
completed in strict compliance with Federal, State and Local applicable Rules and Regulations.
The generator(s) and pump station(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), comply
with applicable National Flood Insurance Program (NFIP) requirements, and shall be protected against
wind with a rated enclosure and appropriate anchoring based on its location requirements per ASCE 7
standards. The selected site shall provide sufficient space to maintain and fuel the generator(s) and shall
comply with the National Electrical Code working clearance requirements. Activities shall be completed in
strict compliance with Federal, State, and Local applicable Rules and Regulations.
Project Locations:
ID# Area Location Coordinates
1) Area 4 Key Largo, FL 33037 25.161560, -80.394462
25.160443, -80.390986
25.160384, -80.389747
25.159082, -80.385761
25.158519, -80.386330
25.158397, -80.393373
25.161382, -80.395406
2) Area 10 Key Largo, FL 33037 25.115405, -80.416283
25.118354, -80.414132
25.123406, -80.409766
25.117004, -80.409798
25.114721, -80.411955
25.113099, -80.413725
3) Area 52A Big Coppitt, FL 33040 24.602943, -81.669633
24.599965, -81.662900
24.600209, -81.659445
24.595997, -81.659437
24.594692, -81.662306
24.595816, -81.667466
24.599088, -81.669651
4) Area 59B Key West, FL 33040 24.565999, -81.751038
24.555059, -81.780040
Alternate Project Locations:
ID# Area Location Coordinates
5) Area 11 Key Largo, FL 33037 25.115064, -80.429695
25.115085, -80.426254
25.115718, -80.424864
25.116245, -80.423596
25.114679, -80.423495
25.114664, -80.425714
25.112121, -80.425745
25.112176, -80.429652
6) Area 37 Little Torch Key, FL 33042 24.666152, -81.387954
24.664162, -81.385878
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24.654374, -81.384603....
24.654397, -81.387783
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 Phase I 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 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 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, drainage study, engineering, design, public notices,
and/or permitting associated with the modification(s) needed to upgrade the drainage. Verification of
upstream and downstream impacts shall be necessary for determining project eligibility.
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 Task 2, the Sub-Recipient shall submit the following documents with sufficient
supporting documentation and provide a summary of all scope of work changes, if any.
a) Two sets of engineering Signed/Sealed final design and analysis, surveying, and Hydrologic and
Hydraulic (H&H) Studies.
b) Construction Plans/bid documents.
c) Revised cost estimate for Phase 11—construction (include Phase I costs), to implement the design
project.
d) Design documents shall provide a detailed description which includes specifics on project scope
of work, depth and extent of ground disturbance at all construction locations of the project.
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e) Color maps including topographical, aerial, and ground disturbance.
f) General description of the type of construction equipment that may be used during the proposed
project's implementation and what activities it will facilitate.
g) Color photographs of the project area and areas of ground disturbance.
h) Copy of all environmental permits or applications; any obtained from the Florida Department of
Environmental Protection (FDEP), and/or local Water Management District (WMD)shall be
required. Any conditions for compliance shall be included in the final design plans, narrative and
project implementation actions.
i) Copy of the United States Army Corps of Engineers (USACE)or FDEP Section 404 permit or No
Permit Required notification from the appropriate permitting agency.
j) Copy of the floodplain permit or notification of No Permit Required from the local floodplain
administrator.
k) A letter from the professional of record stating if the project will have any upstream or
downstream impacts.
I) 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.
Direct Expenses: 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
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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 (RFR)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.
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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 approval, and to implement
measures to improve the drainage of county-wide roads in the Florida Keys, Florida.
The project shall be designed to provide protection against a 5-year storm event. Activities shall be
completed in strict compliance with Federal, State and Local applicable Rules and Regulations.
The generator(s) and pump station(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), comply with applicable National Flood Insurance Program (NFIP) requirements, and shall be
protected against wind with a rated enclosure and appropriate anchoring based on its location
requirements per ASCE 7 standards. The selected site shall provide sufficient space to maintain and
fuel the generator(s) and shall comply with the National Electrical Code working clearance
requirements. Activities shall be completed in strict compliance with Federal, State, and Local
applicable 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 signed and sealed Engineering plans that clearly show the engineer's
estimate of the pre and post-mitigation effects of the proposed project and the relationship of the
damages to be mitigated (commensurate with the level of funding requested). The H&H study shall
contain at least 3 scenarios, where one represents the level of protection; under each scenario, the
Sub-Recipient must identify the losses before and after mitigation (structural, content, displacement,
road closure duration, or any other needed to show the improvements after the mitigation project is
implemented). This includes, but is not limited to, the existing and proposed hydrology and hydraulics
for the level of event being mitigated.
2) Demonstrate mitigation effectiveness, in part, by showing the physical location(s) and elevation(s) of
the infrastructure/structures that are being damaged and FEMA Special Flood Hazard Areas on the
same plan.
3) Submit a refined cost estimate, to include final Phase I Fees and Phase 11 Construction Materials and
Labor.
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) Consultation with the United States Army Corps of Engineers (USACE)or the Florida Department
of Environmental Protection (FDEP) is required. A Section 404 permit or No Permit Required
notification from the permitting agency shall be submitted.
b) Copy of all environmental permits or applications; any obtained from the Florida Department of
Environmental Protection (FDEP), and/or local Water Management District (WMD) shall be
submitted. Any conditions for compliance shall be included in the final design plans, narrative, and
project implementation actions.
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c) Copy of the local floodplain permit or No Permit Required notification from the local floodplain
administrator.
4) National Historical Preservation Act 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.
d) 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. The total impacted area should also be indicated on the map.
e) General description of the type of construction equipment that may be used during the proposed
project's implementation and what activities it will facilitate.
f) Previous and current use of proposed project area.
g) Any known site work or historic uses for the proposed location.
h) Any available studies that may have taken place on the property.
5) 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.
6) No construction work may begin until Phase 11 is approved by the Division and FEMA.
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) A Public Notice shall be published to notify interested parties of the proposed activity. Notices shall be
published in a manner that anyone that may be affected or interested in this project has access to the
posting, using the Division template, as applicable.
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) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of
execution.
7) 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.
8) 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.
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9) 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.
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 4399-161-R. It is funded under HMGP, FEMA-4399-DR-FL and must adhere
to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement
for Disaster 4399.
FEMA awarded this project on October 24, 2023;this Agreement was executed on February 12, 2024, and
the Period of Performance for this project shall end on June 30, 2026.
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: 3 Months
Bidding / Local Procurement: 2 Months
Design Specifications: 19 Months
Permitting/Survey: 6 Months
Deliverables Submitted to FDEM: 2 Months
Total Period of Performance: 32 Months
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BUDGET
Line Item Budget*
Phase I Project Cost Federal Cost Non-Federal Cost
Materials: $0.00 $0.00 $0.00
Labor: $0.00 $0.00 $0.00
Fees: $13,881,252.00 $10,165,823.41 $3,715,428.59
Initial Agreement Amount: $13,881,252.00 $10,165,823.41 $3,715,428.59
***Contingency Funds: $0.00 $0.00 $0.00
Project Total: $13,881,252.00 $10,165,823.41 $3,715,428.59
****SRMC
SRMC: $150,000.00 $150,000.00
SRMC Total: $150,000.00 $150,000.00
*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 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) and FEMA. 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
$150,000.00 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: $10,165,823.41 (73.234196796%)
Non-Federal Share: $3,715,428.59 (26.765803204%)
Total Project Cost: $13,881,252.00 (100.00%)
SRMC (100% Federal) $150,000.00
11
Attachment L
Florida Accountability Contract Tracking System (FACTS)
Requirements for Non-profit Organizations Under Section 216.1366, Florida Statutes
Instructions and Worksheet
PURPOSE: Section 215.985, Florida Statutes (F.S.), amended in 2023, requires that each contract
for which a state entity makes a payment pursuant to a contract executed, amended, or extended on
or after July 1, 2023, the Division shall post any documents submitted pursuant to s. 216.1366, F.S.,
which indicates the use of state funds as remuneration under the contract or a specified payment
associated with the contract on the contract tracking system.
CONTRACT DOCUMENTATION REQUIREMENTS
Section 216.1366, F.S., amended in 2023, establishes new documentation requirements for any
contract for services executed, amended, or extended on or after July 1, 2023, with non-profit
organizations as defined in s. 215.97 (2)(m). F.S. The contract must require the contractor to provide
documentation that indicates the amount of state funds:
• Allocated to be used during the full term of the contract for remuneration to any member of
the board of directors or an officer of the contractor.
• Allocated under each payment by the public agency to be used for remuneration of any
member of the board of directors or an officer of the contractor. The documentation must
indicate the amounts and recipients of the remuneration.
Such information must be included in the contract tracking system maintained pursuant to s. 215.985
F.S. and must be posted on the contractor's website if the contractor maintains a website.
• As used in this subsection, the term:
o "Officer" means a Chief Executive Officer (CEO), Chief Financial Officer(CFO), Chief Operating
Officer(COO), or any other position performing an equivalent function.
o "Remuneration" means all compensation earned by or awarded to personnel, whether paid or
accrued, regardless of contingency, including bonuses, accrued paid time off, severance payments,
incentive payments, contributions to a retirement plan, or in-kind payments, reimbursements, or
allowances for moving expenses, vehicles and other transportation, telephone services, medical
services, housing, and meals.
o "State funds" means funds paid from the General Revenue Fund or any state trust fund, funds
allocated by the Federal Government and distributed by the state, or funds appropriated by the state
for distribution through any grant program. The term does not include funds used for the state
Medicaid program.
Note: This "Instructions and Worksheet" is meant to explain the requirements of the Section
216.1366, F.S., amended in 2023, and give clarity to the attached form distributed to recipients and
sub-recipients for completion. All pertinent information below should be filled out, signed, and
returned to the project manager.
NON-PROFIT ORGANIZATION REMUNERATION INFORMATION
1. Is your business or organization a non-profit organization as defined in s. 215.97 (2)(m). F.S.?
Yes ❑ No
If the answer to Question 1 is "Yes," continue to Question 2. If the answer to Question 1 is
"No", move to the signature block below to complete the certification and submittal process.
2. Will state funds be used as remuneration to any member of the board of directors or an officer in
your business or organization?
Yes ❑ No FX
If the answer to Question 2 is "Yes," provide the information required in the "Total
12
Compensation Paid to Non-Profit Personnel Using State Funds" form below.A separate form
should be completed for each member of the board of directors or officer being compensated
using state funds. If the answer to Question 2 is "No", move to the signature block below to
complete the certification and submittal process.
Total Compensation Paid to Non-Profit Personnel Using State Funds
Name:
Title:
Agency Agreement/Contract#
Total Contract Amount
Contract Term:
Line Item Budget Category Total Amount Paid Amount Paid from State Funds
Salaries
Fringe Benefits
Bonuses
Accrued Paid Time Off
Severance Payments
Retirement Contributions
In-Kind Payments
Incentive Payments
Reimbursements/Allowances
Moving Expenses
Transportation Costs
Telephone Services
Medical Services Costs
Housing Costs
Meals
CERTIFICATION: I certify that the amounts listed above are true and accurate and in accordance with the
approved budget.
Name: Judith S. Clarke
Digitlarke
Signature: Judith Clarke,P.E. D tea2I025.04.040942signed by238 C04'00'PE
Title: Director of Engineering Services
Date: 04/04/2025
13
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STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Ron DeSantis Kevin Guthrie
Governor Director
April 4, 2025
Ms. Judith S. Clarke, P.E.
Director of Engineering Services
1100 Simonton Street
Key West, Florida 33040
Re: Project #4399-161-R, Monroe County
Dear Ms. Judith S. Clarke, P.E.-
Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract modification
number one (#1) (Contract # H1044) between Monroe County and the Division of
Emergency Management.
Please email all Requests for Reimbursement (Attachment D) to the project manager at
Cairrneil), cost ;pnirr:.irr: fll irli�°I 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,
Q Digitally signed by Laura Dhuwe
Laura D u W G Date:2025.05.13 10:42:15-04'00'
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