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Backup Documents 05/24/2022 Item #16C 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 C 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office ,skr 017;?___ 2. BCC Office Board of County Commissioners Chairman 1 /3/27 a� 3. Minutes and Records Clerk of Court's Office /0 /3) 2_ PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Damian Cuadrado Phone Number 252-5377 Contact/ Department Agenda Date Item was May 24,2022 ✓ Agenda Item Number Approved by the BCC 16.C.4 Type of Document Florida Department of Emergency Number of Original Attached Management Hazard Mitigation Grant Documents Attached 1 Program(Contract#H0419)contract ✓ modification number two updating the capacity of 53 generators PO number or account Please enter the PO number that you use N/A number if document is for recording to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. jle.e, In (Initial) Applicable) 1. Does the document require the chairman's original signature? DC 2. Does the document need to be sent to another agency for additional signatures? If yes, DC provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed DC by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the NA document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip DC should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on May 24,2022 _ N/A is not and all changes made during the meeting have been incorporated in the attached an option for ro document. The County Attorney's Office has reviewed the changes, if applicable. Si( I this line. 9. Initials of attorney verifying that the attached document is the version approved by the -DE N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the / an option for Chairman's signature. S'� ilex, line. I:Forms/County Forms/BCC Forms/Original��] Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05, Ca Revised 2.24.05;Revised 11/30/12 �tI (0 1 le-1-e_ lIf S+cd fora, -fro Do,M;q,,. CCCZA.Cir4 J0 Coit+trGoc4'J.419L)' Crystal K. Kinzel�C`�oV�T couRT�� Collier County $ 6 C 4 o�� o *** Clerk of the Circuit Court and Comptroller r 3315 Tamiami Trail East, Suite 102 A Naples, Florida 34112-5324 Hof Q ,FR CoUNT'?•Qvo4 June 3, 2022 Florida Division of Emergency Management Attn: Carmen Acosta, Project Manager 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Re: Contract #H0419 Project #4337-114-R Transmitted herewith, is a scanned copy of the original subgrant agreement, of the above referenced document, as adopted by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, May 24, 2022, during Regular Session. Once fully executed, please forward/e-mail a fully executed copy to the Board's Minutes and Records Department (minutesandrecords@collierclerk.com). Very truly yours, CRYSTAL K. KINZEL, CLERK livu 41/IwildN1111. AO Martha Vergara, Deputy • k Phone-(239) 252-2646 Fax-(239) 252-2755 Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com 16C 4 SUB-RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU REQUEST FOR REVIEW AND APPROVAL SUB-RECIPIENT: Collier County PROJECT#: 4337-114-R PROJECT TITLE: Collier County, 53 Collier County Pump Stations, Generators CONTRACT#: H0419 MODIFICATION#: 2 SUB-RECIPIENT REPRESENTATIVE(POINT OF CONTACT) Damian Cuadrado, Professional Engineer 3299 Tamiami Trail, Suite 700 Naples, Florida 34112 Enclosed is your copy of the proposed contract/modification between Collier County and the Florida Division of Emergency Management (FDEM). COMPLETE _ This form is required to be included with all Reviews, Approvals, and Submittal n 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 n Attachment I - Federal Funding Accountability and Transparency Act (FFATA) - completed, signed, and dated ©Q N/A for Modifications or State Funded Agreements Li Attachment K—Certification Regarding Lobbying - completed, signed, and dated Ei N/A for Modifications or State Funded Agreements n Electronic Submittal to the Grant Specialist Cheyenne Young on If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 692-9458 or email me at carmen.Acostagem.mytior aa.com. 1 bC 4 Contract Number H0419 Project Number: 4337-114-R MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND COLLIER COUNTY This Modification Number Two is made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"). and Collier County ("the Sub- Recipient") to modify Contract Number H0419 dated March 18, 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 Hazard Mitigation Grant Program of$3.395.398.40 in Federal funds: and WHEREAS, the Division and the Sub-Recipient desire to modify the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Scope of Work, Attachment A to the Agreement. is hereby modified as set forth in 2nd Revised Attachment A to this Modification. a copy of which is attached hereto and incorporated herein by reference. 2. 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. 3. 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. 4. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30. September 30 and December 31. 1 6 C Attachment A (2" Revision) Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work is to provide protection to pump stations in Collier County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-114-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The project is for the purchase and setup of an emergency generator system to reduce and/or mitigate the damage that might otherwise occur from severe weather or other hazards. The Sub-Recipient, Collier County, agrees to administer and complete the project per 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 OVERVI EWW: As a Hazard Mitigation Grant Program (HMGP) project, the Sub-Recipient shall provide backup power to fifty-three (53) pump stations located within Collier County, Florida. The HMGP scope of work for the proposed project is to purchase fifty-three (53) portable generators, with the capacity specified below for each site, or the adequate size determined by the vendor and/or an electrical engineer during the bid process to appropriately support the critical infrastructure. Implementing the project shall supply uninterrupted power at the critical wastewater pump stations to mitigate the risk of sanitary overflows that can occur during severe weather events. The portable generator(s) shall be stored at a location protected against a 500-year flood event or located outside the Special Flood Hazard Area (SFHA) and shall be protected against wind with a rated enclosure based on their location requirements. Activities shall be completed in strict compliance with Federal, State and Local Rules and Regulations. Proiect Locations: ID# Station Generator Capacity Coordinates 1. 101.02 65 kW 26.274823, -81.825054 2. 101.04 110 kW 26.266610, -81.825325 3. 101.05 55 kW 26.256750, -81.823200 4. 101.15 55 kW 26.252941, -81.802540 5. 101.17 55 kW 26.274049, -81.810456 6. 103.11 110 kW 26.277559, -81.750373 7. 103.12 65 kW 26.283734, -81.751392 8. 309.27 55 kW 26.160778, -81.761849 9. 104.01 110 kW 26.235115, -81.782443 10. 104.22 110 kW 26.186329, -81.697913 11. 105.05 110 kW 26.255387, -81.775802 12. 107.07 65 kW 26.279709, -81.729128 13. 108.05 50 kW 26.216600, -81.725007 16C 4 14. 109.05 65 kW 26.238355, -81.812170 15. 119.00 110 kW 26.312904, -81.818454 16. 119.06 55 kW 26.313156, -81.822192 17. 121.02 65 kW 26.329913, -81.827258 18. 133.00 65 kW 26.274600, -81.763746 19. 138.00 110 kW 26.201884, -81.763785 20. 144.00 110 kW 26.191377, -81.763497 21. 144.04 65 kW 26.183849, -81.764673 22. 145.00 110 kW 26.239191, -81.765910 23. 149.00 65 kW 26.312016, -81.802456 24. 171.00 110 kW 26.269385, -81.694825 25. 180.00 110 kW 26.244466, -81.714953 26. 309.26 55 kW 26.160823, -81.758865 27. 300.07 50 kW 26.096933, -81.736295 28. 300.12 65 kW 26.101982, -81.728258 29. 302.28 110 kW 26.124105, -81.741754 30. 302.57 65 kW 26.108361, -81.690512 31. 302.60 170 kW 26.089023, -81.686262 32. 305.07 65 kW 26.135352, -81.760275 33. 305.10 65 kW 26.138090, -81.754281 _ 34. 308.01 65 kW 26.136668, -81.770546 35. 308.03 65 kW 26.135937, -81.778086 36. 308.04 65 kW 26.132150, -81.768669 37. 308.07 50 kW 26.142048, -81.768372 38. 309.02 50 kW 26.142203, -81.757236 39. 309.04 55 kW 26.142084, -81.764659 40. 309.09 110 kW 26.164156, -81.758892 41. 309.10 110 kW 26.164092, -81.778198 42. 309.12 110 kW 26.164023, -81.773495 43. 309.13 55 kW 26.161928, -81.771464 44. 309.23 110 kW 26.157040, -81.758838 45. 309.29 55 kW 26.153514, -81.763472 46. 312.07 55 kW 26.141041, -81.727545 47. 313.10 65 kW 26.155566, -81.722546 48. 316.01 110 kW 26.028599, -81.687995 49. 316.02 65 kW 26.019941, -81.687201 50. 316.04 110 kW 26.030326, -81.685000 51. 318.03 110 kW 26.044884, -81.671180 52. 318.09 65 kW 26.051495, -81.704230 53. 404.01 65 kW 26.289723, -81.590772 TASKS&DELIVERABLES: A) Tasks: 1) The Sub-Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and FEMA. The Sub-Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub-Recipient's procurement policy as well as all Federal e 16C 4 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, design, and construction plans presented to the Division by the Sub-Recipient and subsequently approved by the Division and FEMA. The Sub-Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub-Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub-Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub-Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub-Recipient. The Sub-Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub-Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub-Recipient shall monitor and manage the procurement and setup of all products in accordance with the HMGP 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: cAo 16C 4 a) A letter affirming the purchase has been completed and requesting Final Inspection indicating the exact storage location of the generators. b) All Product Specifications / Data Sheet(s) (technical standards) satisfying protection requirements on all products utilized. c) Verification letter or documentation showing that when deployed the generator will be protected to the 500-year(0.2% annual chance) flood elevation, and when not in use it will be stored in an un-shaded X zone or protected to the 500-year(0.2% annual chance)flood elevation if stored in a Special Flood Hazard Area (SFHA) or shaded X zone. d) Proof of compliance with Project Conditions and Requirements contained herein. 3) During the course of this agreement, the Sub-Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub-Recipient shall submit an Affidavit signed by the Sub-Recipient's project personnel with each reimbursement request attesting to the completion of the work, that disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub-Recipient shall maintain accurate time records. The Sub-Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Construction Expense: The Sub-Recipient shall pre-audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub-Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Sub-Recipient Management Costs (SRMC) expenditure must adhere to FEMA Policy #104- 11-1 HMGP Management Costs (Interim) signed November 14, 2018. FEMA defines management costs as any: Indirect costs, Direct administrative costs, and other administrative expenses associated with a specific project. Administrative costs are expenses incurred by a Sub-Recipient in managing and administering the federal award to ensure that federal, state requirements are met including: solicitation, development, review, and processing of sub-applications; delivery of technical assistance; quarterly progress and fiscal reporting; project monitoring;technical monitoring;compliance activities associated with federal procurement requirements; documentation of quality of work verification for quarterly reports and closeout; payment of claims; closeout review and liquidation; and records retention. Any activities that are directly related to a project are not eligible under management costs. For example, architectural, engineering, and design services are project costs and cannot be included under management costs. Similarly, construction management activities that manage, coordinate, and supervise the construction process from project scoping to project 16C completion are project costs. These activities cannot be included under management costs. Due to Strategic Funds Management (SFM), SRMC Interim Policy requires management costs to be obligated in increments sufficient to cover Sub-Recipient needs, for no more than one year, unless contractual agreements require additional funding. FEMA has established a threshold where annual increments will be applied to larger awards allowing smaller awards to be fully obligated. Obligations will be handled by the size of the total subaward. The Sub-Recipient shall pre-audit all SRMC source documentation — personnel, fringe benefits. travel, equipment. supplies, contractual, and indirect costs. A brief narrative is required to identify what the funds will be used for. Documentation shall be detailed and clearly describe each approved task performed, hours devoted to each task, and the hourly rate charged including enough information to calculate the hourly rates based on payroll records. Employee benefits and tasks shall be clearly shown on the Personnel Activity Form, and all Personnel or Contractual SRMC shall be invoiced separate from all other project costs. Project Management Expenses (only applies to disasters prior to August 1, 2017, all others adhere to FEMA Policy #104-11-1 for SRMC): The Sub-Recipient shall pre-audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed. hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further. the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third-party in-kind services. if applicable, shall be conducted by the Division in coordination with the Sub-Recipient. Quarterly Reports shall be submitted by the Sub-Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub-Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application, and plans. The requests for reimbursement shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed. cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub-Recipient to the contractor, subcontractor, and/or vendor for invoiced services: c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub-Recipient's final request for reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverables: Mitigation Activities consist of providing backup power to fifty-three (53) pump stations, o 16C 4 located within Collier County, Florida, by purchasing portable generators. The portable generator(s) shall be stored at a location protected against a 500-year flood event or located outside the Special Flood Hazard Area (SFHA) and shall be protected against wind with a rated enclosure based on their 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 REQI IRE11ENTS: C) Engineering: 1) The Sub-Recipient shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division's Final Inspection of the project. 2) The Sub-Recipient shall provide a letter and documentation affirming the purchase has been completed and requesting Final Inspection indicating the exact storage location of the generator(s). 3) The Sub-Recipient shall submit all Product Specifications I Data Sheet(s) (technical standards) satisfying protection requirements on all products utilized. 4) The Sub-Recipient shall follow all applicable State, Local and Federal Laws, Regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State. and Local permits and clearances may jeopardize federal funding. D) Environmental: 1) The Sub-Recipient shall follow all applicable state. local and federal laws, regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate federal, state. and local environmental permits and clearances may jeopardize federal funding. If project is delayed for a year or more after the date of the categorical exclusion (CATEX), then coordination with and project review by regulatory agencies must be redone. 2) Any change, addition or supplement to the approved mitigation measure or scope of work that alters the project (including other work not funded by FEMA, but done substantially at the same time) shall require resubmission to the Division and FEMA for revaluation of compliance with the National Environmental Protection Act (NEPA) and Section 106 of the National Historic Preservation Act (NHPA) prior to initiation of any work. Non-compliance with these requirements may jeopardize FEMA's ability to fund this project. A change in the scope of work shall be approved by the Division and FEMA in advance regardless of the budget implications. 3) If any ground disturbance activities occur during construction, the Sub-Recipient shall monitor ground disturbance during construction, and if any potential archeological resources are discovered, shall immediately cease construction in that area and notify the Division and FEMA. 4) The generators are supporting a critical action and must be stored and used in an un-shaded X zone or must be protected to the 500 year (0.2% annual chance) flood elevation if placed in a Special Flood Hazard Area (SFHA) or shaded X zone. The sub recipient must submit I documentation to the State and FEMA documenting which protective option they have selected. a) Any change to the portable generator storage location, shall be submitted to the Division by the Sub-Recipient as soon as the area is known for Division Environmental Staff approval. 5) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. E) Programmatic: 1) The Sub-Recipient must notify the Division as soon as significant developments become known. such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 2) The Division and FEMA shall approve a change in the scope of work in advance, regardless of the budget implementations. 3) The Sub-Recipient must "obtain prior written approval for any budget revision which would result in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA. 4) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted, along with substantiation of new expiration date and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing to FEMA. 5) The Sub-Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. 6) A copy of the executed subcontract agreement(s) must be forwarded to the Division within 10 days of execution. 7) Project approval is with the condition that the tasks, deliverables. and conditions be accomplished and submitted 30 days prior to the Period of Performance date, for review and approval by the Division, for submittal to FEMA for Closeout. 8) Executive Order 11988 — Floodplains: The generators are supporting a critical action and must be stored and used in an unshaded X zone or must be protected to the 500-year (0.2% annual chance) flood elevation if placed in a Special Flood Hazard Area (SFHA) or shaded X zone. The Sub-Recipient must submit documentation to the State and FEMA documenting which protective option they have selected. Monitoring is not required. 9) Per FEMA Hazard Mitigation Assistance Guidance Part VI. D.3.4 — Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re- budgeted to another direct cost category and identified. Post-award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. 10)Sub-Recipient Management Costs (SRMC), implemented under the Disaster Relief and Recovery Act of 2018 (DRRA), amended Section 324 of the Stafford Act, and the Hazard Mitigation Grant Program Management Costs (Interim) FEMA Policy 104-11-1, provides 100% federal funding under HMGP to Sub-Recipients to efficiently manage the grant and complete activities in a timely manner. 16C 4 a) SRMC must conform to 2 CFR Part 200, Subpart E, applicable program regulations, and Hazard Mitigation Assistance (HMA) Guidance (2015), ensuring costs are reasonable. allowable. allocable and necessary to the overall project. b) Funding is for approved indirect costs, direct administrative costs, and administrative expenses associated with this specific project and shall have adequate documentation. c) SRMC cannot exceed 5% of the total project costs awarded. d) SRMC is 100% federally funded and will be reimbursed based on actual costs incurred for each individual Request for Reimbursement (RFR) submitted with the required documentation. e) SRMC shall be reconciled against actual costs on a quarterly basis and annual basis. f) If the Final Project Reconciliation results in a reduction of total project costs, any resulting SRMC overpayment shall be reimbursed back to the State for return to FEMA prior to FEMA Closeout. This is FEMA project number 4337-114-R. It is funded under HMGP, FEMA-4337-DR-FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4337. FEMA awarded this project on November 13. 2019; this Agreement was executed on March 18, 2020; and the Period of Performance for this project shall end on December 30, 2022. 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 State Contracting: 4 Months Construction Plan/Technical Specifications: 3 Months Bidding / Local Procurement: 3 Months Permitting: 3 Months Construction / Installation: 15 Months Local Inspections/ Compliance: 3 Months State Final Inspection / Compliance: 3 Months Closeout Compliance: 3 Months Total Period of Performance: 37 Months c AEA' 16C 4 BUDGET Line Item Budget* Project Cost Federal Cost Non-Federal Cost Materials: $4,427,888.00 $3,320,916.00 $1,106,972.00 Labor: $0.00 $0.00 $0.00 Fees: $0.00 $0.00 $0.00 Initial Agreement Amount: $4,427,888.00 $3,320,916.00 $1,106,972.00 ***Contingency Funds: $41,056.00 $30,792.00 $10,264.00 Project Total: $4,468,944.00 $3,351,708.00 $1,117,236.00 ****SRMC SRMC: $74,482.40 $74,482.40 SRMC Total: $74,482.40 $74,482.40 *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 $41,056.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part VI, D.3.4 — Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re-budgeted to another direct cost category and identified. Post-award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. Project Management costs are included for this project in the amount of$0.00. ****Sub-Recipient Management Costs (SRMC) are included for this project in the amount of $74,482.40 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. cr+.o 16C 4 Funding Summary Totals Federal Share: $3,351,708.00 (75.00%) Non-Federal Share: $1,117,236.00 (25.00%) Total Project Cost: $4,468,944.00 (100.00%) SRMC (100% Federal) $74,482.40 ID 16C 4 IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. SUB-R C .00 . OLLIE' ,/ -�.� ., By A id /�:— +' ATTESf .• CRY$TAWC. NZ'L,CLE' illiam L. McDaniel,Jr., Chairman ! `/ BY: ♦(AMIN' Date: 5/2Y 22 AtteStOtQA, signatullrtr STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Kevin Guthrie, Director Date: Approved as and legality colt R.Teach,Deputy County Attorney