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HomeMy WebLinkAboutItem C24 C24 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting July 16, 2025 Agenda Item Number: C24 2023-4273 BULK ITEM: Yes DEPARTMENT: Emergency Management TIME APPROXIMATE: STAFF CONTACT: Cory Schwisow NA AGENDA ITEM WORDING: Approval of Third (Final) modification to the mitigation sub-grant agreement PDMC-PJ-04-FL-2018-014 between the Florida Division of Emergency Management and Monroe County. ITEM BACKGROUND: Monroe County accepted the FEMA Pre-Disaster Mitigation sub-grant on behalf of Guidance Care Center in Marathon to purchase and install a generator to provide emergency power on November 20, 2019. The first modification to the agreement was approved on May 18th, 2022, extending the period of performance to April 1 st, 2023. The second modification extended the period of performance until April 1 st, 2024. This modification reinstates and extends the original agreement, as though it had never expired, until August 31, 2025 and approves the final budget for FEMA to reimburse Monroe County a total of$75,930.00. The remainder of the Scope of Work and budget information remain unchanged from the first modification that was approved by the BOCC on May 18th, 2022. Guidance Care Center is responsible for all costs. Monroe County will not provide funding for this project. Monroe County and Guidance Care Center have a MOA in place regarding this grant. PREVIOUS RELEVANT BOCC ACTION: The BOCC accepted this grant at the November 20th, 2019 meeting, and approved the first modification to the agreement at the May 18th, 2022 meeting. Monroe County executed a Memorandum of Agreement (MOA)with Guidance Care Center related to this grant at its December 2019 meeting, an extension of the MOA at its April 2022 meeting, and a second extension at the June 2023 meeting. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: This modification approves the final budget for FEMA reimbursement. 1516 STAFF RECOMMENDATION: Approval DOCUMENTATION: C24 I.pdf C24 2.pdf FINANCIAL IMPACT: Financial reimbursement of$75,930.00 to Monroe County. 1517 SUB-RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU REQUEST FOR REVIEW AND APPROVA L SUB-RECIPIENT: Monroe County BOCC PROJECT#: PDMC-PJ-04-FL-2018-014 PROJECT TITLE: FY2019-PDM-Monroe County - Guidance Care Center - Emergency Generator CONTRACT#: B0062 MODIFICATION#: 2 SUB RECIPIENT REPRESENTATIVE POINT OF CONTACT Jeff Manning Senior Planner 490 63,d St. Ocean, Marathon FL 33050 Enclosed is your copy of the proposed contract/modification between Monroe County BOCC and the Florida Division of Emergency Management (FDEM). COMPLETE ❑ This form is required to be included with all Reviews, Approvals, and Submittal ❑ Signed electronic copy ❑ Reviewed and Approved ❑ Signed and Dated 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 ❑ Electronic Submittal to the Grant Specialist Eva Colona on If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 815-4532 or email me at Susan.Harris- Council@em.myflorida.com. 1518 Contract Number: B0062 Project Number: PDMC-PJ-04-FL-2018-014 MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND MONROE COUNTY BOARD OF COUNTY COMMISSIONERS This Modification Number Two made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and Monroe County Board of County Commissioners ("the Sub-Recipient") to modify Contract Number B0062, dated, January 6, 2020 ("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 Pre-Disaster Mitigation Grant Program of$75,930.00, in Federal Funds; and WHEREAS, the Division and the Sub-Recipient desire to modify the Agreement; and WHEREAS, the Agreement expired on April 1,,2023; and WHEREAS, the Division and the Sub-Recipient desire to reinstate and extend the terms of the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated and extended as though it had never expired. 2. Paragraph 8 of the Agreement is hereby amended to read as follows: (8) PERIOD OF AGREEMENT This Agreement shall begin January 6, 2020 and shall end April 1, 2024, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. 3. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as set forth in 2nd Revision Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 4. All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective on the date of execution of this Modification by both parties. 5. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 6. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. 1519 IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. SUB-RECIPIENT: MONWE COUNTY BOARD OF COUNT I s$ � By. n Madok, Clerk 0 Name and Title: Holly Merrill Raschein, Mayor Pro Tem �,��,. s Deputy Clerk Date: ZI , Z-Z3 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Kevin Guthrie, Director Date: D — App—d m rof—md ko�r C n1w« ..y An y',0fk CWi'tl CM.A,,4m Comas A.o Gam&1/a3 1520 Attachment A Scope of Work and Budget 2"d Revision STATEMENT OF PURPOSE: The purpose of this Scope of Work (SOW) is to upgrade a generator from 125kW to 150kW, which will provide full backup power to the Marathon Guidance Care Center in Monroe County, Florida. This project is funded through the Pre-Disaster Mitigation Grant Program (PDM), as administered by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The Sub-Recipient, Monroe County, agrees to manage and complete the project per the scope of work as 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 Pre-Disaster Mitigation (PDM) project, the Sub-Recipient shall remove the existing 125kW generator and install a new 150kW liquid propane fueled generator and re-locate the liquid propane tank to an above ground concrete pad (with dimensions of roughly 6' long x 20'wide, and approximately 1' high) immediately adjacent to the proposed location of the new generator at the Guidance Care Center, located in Marathon, FL 33050 (24.711583, -81.087164). The generator shall be protected against a 500-year flood event by implementing specific activities or by locating the generator 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. TASKS&DELIVERABLES: A. Tasks 1) The Sub-Recipient shall procure the services of qualified and licensed Florida contractors and execute a contract with the selected bidders to complete the scope of work as approved by the Division and FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractors 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. 1521 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 selected contractor. 2) The Sub-Recipient shall monitor and manage the removal of the old generator, as well as procure and install one new 150kW generator at 3000 41st St Ocean, Marathon, 33050, with all the equipment required to connect and operate it. The generator will be protected from hurricane wind damage by an enclosure and will be installed with a fuel tank, automatic transfer switch, and all necessary electrical and exhaust attachments. This work shall be performed in accordance with the PDM application and associated documentation as 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 Sub-Recipient shall fully perform the approved project, as described in the application, in accordance with the approved scope of work indicated herein, the estimate of costs indicated herein, the allocation of funds indicated herein, and all applicable terms and conditions. The Sub-Recipient shall not deviate from the approved project terms and conditions. Upon completion of the work, the Sub-Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county building department (official), or other approving official, as applicable. The official shall inspect and certify that all installation was in accordance with the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected by the Sub-Recipient prior to Sub-Recipient's submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation shall include: a) Copy of permit(s), notice of commencement. b) Local Building Official Inspection Report and Final Approval. c) Signed and sealed copy of the As-built plans. d) A copy of electrical designs, specifications and/or drawings elaborated to complete the scope. e) Certified Letter of Completion — 1. Affirming that the project has been completed in conformance with the approved project drawings, specifications, and scope. 2. Certify Compliance with all applicable codes. f) All Product Specifications / Data Sheet(s) (technical standards) satisfying protection requirements on all products utilized. g) Copies of any permits that were required prior initiating work. If no permits were required provide a letter from the local floodplain administrator stating that the project did not require any permits. h) Letter verifying that construction vehicles and equipment used for this project were maintained in good working order to minimize pollutant emissions. The letter shall also include that the 1522 contractor implemented measures to prevent spillage or runoff of chemicals, fuels, oils, or sewer- related waste during project work. i) Verification letter or documentation showing the generator is protected to the 500-year(0.2% annual chance) flood elevation. j) Letter verifying that unusable equipment, debris, and material were disposed of in an approved manner and location, if any significant items (or evidence thereof) were discovered during implementation of the project, and that the Sub-Recipient handled, managed, and disposed of petroleum products, hazardous materials, and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state, and federal agencies. k) Proof of compliance with Project Requirements and Conditions 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, 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. Project Management Expenses: 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 workwas completed priorto 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 priorto processing any requests for reimbursement. Review and approval of any third party in-kind services, if applicable, shall be conducted by the Division in coordination with the Sub-Recipient. Quarterly Reports shall be submitted by the Sub- Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub-Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application, and plans. The requests for reimbursement shall include: 1523 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; and 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 As a Pre-Disaster Mitigation (PDM) project, the Sub-Recipient shall remove the existing 125kW generator and install a new 150kW liquid propane fueled generator and re-locate the liquid propane tank to an above ground concrete pad (with dimensions of roughly 6' long x 20'wide, and approximately 1' high) immediately adjacent to the proposed location of the new generator at the Guidance Care Center, located in Marathon, FL 33050 (24.711583, -81.087164). The generator shall be protected against a 500-year flood event by implementing specific activities or by locating the generator 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. 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: A. Engineering 1) The Sub-Recipient shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division's Final Inspection of the project. 2) The Sub-Recipient shall provide a copy of the Notice of Commencement,and any local official Inspection Report and/or Final approval; as applicable. 3) The Sub-Recipient shall submit a final copy of the completed project's As-built drawings and all necessary supporting documentation, and provide a summary of all contract scope of work changes, if any. 4) The Sub-Recipient shall submit a final copy of any electrical designs, specifications and/or drawings elaborated to complete the job. 5) The Sub-Recipient shall submit a certified letter of completion from Engineer of Record. The Sub- Recipient's Engineer of Record shall provide a formal certificate or letter affirming that the project has been completed in conformance with the approved project drawings, specifications, scope, and applicable codes 6) The Sub-Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards) satisfying protect requirements on all products utilized. 7) All installations shall be done in strict compliance with the Florida Building Code or Miami Dade Specifications. All materials shall be certified to exceed the wind and impact standards of the current local codes. 8) Product Specifications documentation satisfying protection requirements for all products utilized shall be provided to the Division for closeout. 1524 9) 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. 10) The local municipal or county building department shall inspect the installation according to the manufacturer's specification, ensure that the above referenced standards have been met and documentation provided to the division for closeout. 11) The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the vulnerability of the building to property losses and are specifically not intended to provide for the safety of inhabitants before, during or after a natural manmade disaster. B. Environmental: 1) The Sub-Recipient must follow all applicable State, Local and Federal Laws Regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local environmental permits and clearances may jeopardize federal funding. If project 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 must 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, will require re-submission of the application to FEMA through the Division for National Environmental Policy Act (NEPA) re-evaluation before starting project work. 3) If any ground disturbance activities occur during construction, the Sub-Recipient will monitor ground disturbance during any ground disturbing activities during construction, and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the Division and FEMA. 4) The Sub-Recipient must coordinate with the local floodplain administrator and obtain required permits from the appropriate agencies prior to initiating work. All coordination pertaining to these activities and Sub-Recipient compliance with any conditions should be documented and copies forwarded to the state and FEMA for inclusion in the permanent project files. 5) Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project,the Sub-Recipient shall handle, manage, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. Verification of compliance is required at project closeout. 6) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. The contractor shall implement measures to prevent spillage or runoff of chemicals, fuels, oils, or sewer-related waste during project work. C. 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) A change in the scope of work MUST be approved by the Division and FEMA in advance regardless of the budget implications. 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. 1525 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 must be submitted to FEMA, 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension must 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 PDM and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. 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: State contract execution process: 3 Months Procurement of Generator, Materials, and Labor for 3 Months Install: Selection of Contractor- Notice to P 3 Months Proceed: Final Designs/Order Generator 3 Months and Materials: Receive Generator, Remove Existing Unit, Install 4 Months New Generator: Generator Start-Up and Testing: 2 Months Final State/Local Inspections, Permits, and 6 Months Reimbursement Request: Final Inspection/Closeout: 6 Months Total Period of Performance: 33 Months 1526 BUDGET: Funding Summary Federal Share: $75,930.00 (20.14234668%) Local Share: $301,037.00 (79.85765332%) Total Project Cost: $ 376.967.00 (100%) Line Item Budget* Project Cost Federal Share Local Share Materials and Equipment: $136,517.00 $26,250.00 $110,267.00 Labor and Installation: $189,500.00 $12,000.00 $177,500.00 Permitting and Fees: $4,500.00 $1,875.00 $2,625.00 Site Preparation: $4,500.00 $3,375.00 $1,125.00 Architectural: $11,000.00 $8,250.00 $2,750.00 Structural: $4,900.00 $3,675.00 $1,225.00 Project Management: $17,950.00 $14,430.00 $3,520.00 Construction Trade Expenses: $8,100.00 $6,075.00 $2,025.00 Total: $376,967.00 $ 75,930.00 $301,037.00 *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 is FEMA project number PDMC-PJ-04-FL-2018-014. The Period of Performance (POP) for this project shall end on April 1, 2024. 1527 SUB-RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU FISCAL OPERATIONS UNIT NON DISASTER REQUEST FOR REVIEW AND APPROVAL SUB-RECIPIENT: Monroe County BOCC f/b/o Guidance Care Center PROJECT#: PDMC-PJ-04-FL-2018-014 PROJECT TITLE: FY2019-PDMC-Monroe County— Guidance Care Center— Emergency Generator CONTRACT#: B0062 MODIFICATION#: 3 SUB-RECIPIENT REPRESENTATIVE(POINT OF CONTACT) Cory Schwisow Deputy Director, Monroe County 490 63rd St. Ocean Marathon FL, 33050 Enclosed is your copy of the proposed contract/modification between Monroe County BOCC f/b/o Guidance Care Center 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 ❑ 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) 815-4532 or email me at Susan.Harris- Council@em.myflorida.com. 1528 Contract Number: B0062 Project Number: PDMC- PJ-04-FL-2018-014 MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND MONROE COUNTY BOCC F/B GUIDANCE CARE CENTER This Modification Number Three is made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and Monroe County BOCC f/b/o Guidance Care Center ("the Sub-Recipient")to modify Contract Number B0062, dated January 6, 2020 ("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 Pre-Disaster Mitigation Grant Program of$75,930.00, in Federal Funds; and WHEREAS, the Division and the Sub-Recipient intend to modify the Agreement; and WHEREAS, the Agreement expired on April 1, 2024; and WHEREAS, the Division and the Sub-Recipient intend to reinstate and extend the terms of the Agreement and increase the Non-Federal Share by$152,966.14 under the Agreement, with no change to the Federal Share. 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 January 6, 2020 and shall end August 31, 2025, unless terminated earlier in accordance with the provisions of Paragraph (17)of this Agreement. 3. The Budget and Scope of Work, Attachment A to this Agreement, is hereby modified as set forth in 3rd Revised 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 thereto in conflict with Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the last 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 closeout report. The ending dates of each quarter of the program year are March 31, June 30, September 30, and December 31. 7. Attachment K- Florida Accountability Contract Tracking System (FACTS) Requirements for Non- profit Organizations Under Section 216.1366, Florida Statutes, Instructions and Worksheet is 1529 hereby incorporated into the Agreement and is required to be completed by the subrecipient and returned to the Division. IN WITNESS WHEREOF, the parties hereto have executed this modification as of the dates set out below. SUB-RECIPIENT: MONROE COUNTY BOCC F/B GUIDANCE CARE CENTER By: Name and Title: Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Kevin Guthrie, Director Date: 1530 Attachment A Scope of Work and Budget 3rd Revision STATEMENT OF PURPOSE: The purpose of this Scope of Work (SOW) is to upgrade a generator from 125kW to 150kW, which will provide full backup power to the Marathon Guidance Care Center in Monroe County, Florida. This project is funded through the Pre-Disaster Mitigation Grant Program (PDM), as administered by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The Sub-Recipient, Monroe County, agrees to manage and complete the project per the scope of work as 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 Pre-Disaster Mitigation (PDM) project, the Sub-Recipient shall remove the existing 125kW generator and install a new 150kW liquid propane fueled generator and re-locate the liquid propane tank to an above ground concrete pad (with dimensions of roughly 6' long x 20'wide, and approximately 1' high) immediately adjacent to the proposed location of the new generator at the Guidance Care Center, located in Marathon, FL 33050 (24.711583, -81.087164). The generator shall be protected against a 500-year flood event by implementing specific activities or by locating the generator 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. TASKS&DELIVERABLES: A. Tasks 1) The Sub-Recipient shall procure the services of qualified and licensed Florida contractors and execute a contract with the selected bidders to complete the scope of work as approved by the Division and FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractors 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. 1531 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 selected contractor. 2) The Sub-Recipient shall monitor and manage the removal of the old generator, as well as procure and install one new 150kW generator at 3000 41st St Ocean, Marathon, 33050, with all the equipment required to connect and operate it. The generator will be protected from hurricane wind damage by an enclosure and will be installed with a fuel tank, automatic transfer switch, and all necessary electrical and exhaust attachments. This work shall be performed in accordance with the PDM application and associated documentation as 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 Sub-Recipient shall fully perform the approved project, as described in the application, in accordance with the approved scope of work indicated herein, the estimate of costs indicated herein, the allocation of funds indicated herein, and all applicable terms and conditions. The Sub-Recipient shall not deviate from the approved project terms and conditions. Upon completion of the work, the Sub-Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county building department(official), or other approving official, as applicable. The official shall inspect and certify that all installation was in accordance with the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected by the Sub-Recipient prior to Sub-Recipient's submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub-Recipient shall submit the following documents with sufficient supporting documentation, and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation shall include: a) Copy of permit(s), notice of commencement. b) Local Building Official Inspection Report and Final Approval. c) Signed and sealed copy of the As-built plans. d) A copy of electrical designs, specifications and/or drawings elaborated to complete the scope. e) Certified Letter of Completion — 1. Affirming that the project has been completed in conformance with the approved project drawings, specifications, and scope. 2. Certify Compliance with all applicable codes. f) All Product Specifications/ Data Sheet(s) (technical standards)satisfying protection requirements on all products utilized. g) Copies of any permits that were required prior initiating work. If no permits were required provide a letter from the local floodplain administrator stating that the project did not require any permits. h) Letter verifying that construction vehicles and equipment used for this project were maintained in good working order to minimize pollutant emissions. The letter shall also include that the 1532 contractor implemented measures to prevent spillage or runoff of chemicals, fuels, oils, or sewer- related waste during project work. i) Verification letter or documentation showing the generator is protected to the 500-year (0.2% annual chance)flood elevation. j) Letter verifying that unusable equipment, debris, and material were disposed of in an approved manner and location, if any significant items (or evidence thereof)were discovered during implementation of the project, and that the Sub-Recipient handled, managed, and disposed of petroleum products, hazardous materials, and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state, and federal agencies. k) Proof of compliance with Project Requirements and Conditions 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, 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. Project Management Expenses: The Sub-Recipient shall pre-audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third party in-kind services, if applicable, shall be conducted by the Division in coordination with the Sub-Recipient. Quarterly Reports shall be submitted by the Sub- Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub-Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application, and plans. The requests for reimbursement shall include: 1533 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; and 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 As a Pre-Disaster Mitigation (PDM) project, the Sub-Recipient shall remove the existing 125kW generator and install a new 150kW liquid propane fueled generator and re-locate the liquid propane tank to an above ground concrete pad (with dimensions of roughly 6' long x 20' wide, and approximately 1' high) immediately adjacent to the proposed location of the new generator at the Guidance Care Center, located in Marathon, FL 33050 (24.711583, -81.087164). The generator shall be protected against a 500-year flood event by implementing specific activities or by locating the generator 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. 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: A. Engineering 1) The Sub-Recipient shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division's Final Inspection of the project. 2) The Sub-Recipient shall provide a copy of the Notice of Commencement, and any local official Inspection Report and/or Final approval; as applicable. 3) The Sub-Recipient shall submit a final copy of the completed project's As-built drawings and all necessary supporting documentation and provide a summary of all contract scope of work changes, if any. 4) The Sub-Recipient shall submit a final copy of any electrical designs, specifications and/or drawings elaborated to complete the job. 5) The Sub-Recipient shall submit a certified letter of completion from Engineer of Record. The Sub- Recipient's Engineer of Record shall provide a formal certificate or letter affirming that the project has been completed in conformance with the approved project drawings, specifications, scope, and applicable codes 6) The Sub-Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards) satisfying protect requirements on all products utilized. 7) All installations shall be done in strict compliance with the Florida Building Code or Miami Dade Specifications. All materials shall be certified to exceed the wind and impact standards of the current local codes. 8) Product Specifications documentation satisfying protection requirements for all products utilized shall be provided to the Division for closeout. 1534 9) 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. 10) The local municipal or county building department shall inspect the installation according to the manufacturer's specification, ensure that the above referenced standards have been met and documentation provided to the division for closeout. 11) The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the vulnerability of the building to property losses and are specifically not intended to provide for the safety of inhabitants before, during or after a natural manmade disaster. B. Environmental: 1) The Sub-Recipient must follow all applicable State, Local and Federal Laws Regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local environmental permits and clearances may jeopardize federal funding. If project 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 must 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, will require re-submission of the application to FEMA through the Division for National Environmental Policy Act (NEPA) re-evaluation before starting project work. 3) If any ground disturbance activities occur during construction, the Sub-Recipient will monitor ground disturbance during any ground disturbing activities during construction, and if any potential archeological resources are discovered,will immediately cease construction in that area and notify the Division and FEMA. 4) The Sub-Recipient must coordinate with the local floodplain administrator and obtain required permits from the appropriate agencies prior to initiating work. All coordination pertaining to these activities and Sub-Recipient compliance with any conditions should be documented and copies forwarded to the state and FEMA for inclusion in the permanent project files. 5) Unusable equipment, debris and material shall be disposed of in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project, the Sub-Recipient shall handle, manage, and dispose of petroleum products, hazardous materials and toxic waste in accordance to the requirements and to the satisfaction of the governing local, state and federal agencies. Verification of compliance is required at project closeout. 6) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. The contractor shall implement measures to prevent spillage or runoff of chemicals, fuels, oils, or sewer-related waste during project work. C. 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) A change in the scope of work MUST be approved by the Division and FEMA in advance regardless of the budget implications. 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. 1535 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 must be submitted to FEMA, 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension must 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 PDM and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. 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: State contract execution process: 3 Months Procurement of Generator, Materials, and Labor for 3 Months Install: Selection of Contractor- Notice to P 3 Months Proceed: Final Designs/Order Generator 3 Months and Materials: Receive Generator, Remove Existing Unit, Install 4 Months New Generator: Generator Start-Up and Testing: 2 Months Final State/Local Inspections, Permits, and 6 Months Reimbursement Request: Final Inspection/Closeout: 6 Months Total Period of Performance: 33 Months 1536 BUDGET: Funding Summary Federal Share: $75,930.00 (14.32822261%) Local Share: $454,003.14 (85.67177738%) Total Project Cost: $ 529.933.14 (100%) Line Item Budget* Project Cost Federal Share Local Share Materials and Equipment: $153,151.60 $26,250.00 $126,901.60 Labor and Installation: $301,810.11 $12,000.00 $289,810.11 Permitting and Fees: $10,011.64 $1,875.00 $8,136.64 Site Preparation: $17,795.66 $3,375.00 $14,420.66 Architectural: $25,662.00 $8,250.00 $17,412.00 Structural: $17,283.00 $3,675.00 $13,608.00 Project Management: $1,010.82 $14,430.00 ($13,419.18) Construction Trade Expenses: $3,208.31 $6,075.00 ($2,866.69) Total: $529,933.14 $ 75,930.00 $454,003.14 *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 is FEMA project number PDMC-PJ-04-FL-2018-014. The Period of Performance (POP)for this project shall end on August 31, 2025. 1537 Attachment K 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 KZ 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 ❑ 1538 If the answer to Question 2 is "Yes," provide the information required in the "Total 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: Signature: Title: Date: 1539