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Agenda 09/27/2022 Item #16D10 (Termination of two Federal Emergency Management Agency Hazard Mitigation Grant Program Sub-Recipient Agreements)09/27/2022 EXECUTIVE SUMMARY Recommendation to approve the termination of Federal Emergency Management Agency Hazard Mitigation Grant Program Sub-Recipient Agreements H0371 (Immokalee Sports Complex) and H0390 (North Collier Regional Park) between Collier County and the Florida Division of Emergency Management and authorize the Budget Amendments in the amount of $146,582.27 for the MSTU General Fund (111) and General Fund (001). OBJECTIVE: To terminate two (2) Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) Sub-Recipient Agreements. CONSIDERATIONS: On September 10, 2017, Hurricane Irma made landfall in Collier County and severely impacted the entire State of Florida. In the wake of the hurricane, Collier County experienced damage to multiple facilities and equipment. As a result of the widespread devastation, on February 2, 2018, the Hazard Mitigation Grant Program (HMGP) notice of funding availability was published to assist Counties in developing greater long-term resiliency. The Immokalee Sports Complex HMGP and North Collier Regional Park HMGP grant applications were submitted to the Florida Division of Emergency Management (FDEM) on August 6, 2018. The Board of County Commissioners (Board) ratified the “After-the-Fact” grant application submissions on the September 11, 2018 Board Meeting (Agenda Item #16E3). Immokalee Sports Complex: The notice of award of $435,000 and grant contract H0371 for the Immokalee Sports Complex HMGP was received on October 3, 2019, from FDEM. A twenty-five percent (25%) match of $145,000 was required. On February 5, 2020, the Surtax committee approved the use of Surtax funds to meet the match requirement. The award plus the match brought the total project cost to $580,000. At the February 25, 2020 Board Meeting (Agenda Item #16D2), the award was approved and accepted. On October 1, 2020, a modification request was submitted to FDEM to modify the scope of work and increase the project budget, because of price increases for the generators and cost of labor from the time of application to the award of the contract. On December 23, 2020, a request was submitted to FDEM for an extension to accommodate the scope of work change and delays resulting from COVID-19. On February 24, 2021, Collier County received notification of the increased Federal award to $778,500 resulting in an increase to the match requirement to $259,500, and also extended the Period of Performance to September 30, 2022. The total project award plus match obligation totaled $1,038,000. At the April 13, 2021 Board Meeting (Agenda Item #16D9), the modification and extension requests were approved. On September 3, 2021, FDEM provided a second agreement modification to approve Sub-Recipient Management Costs (SRMC) in the amount of $25,949.57 and did not require a match, to cover the costs of project management and administration, bringing the new total Federal funding amount to $804,449.57. This modification resulted in a new project total of $1,063,949.57 At the October 26, 2021, Board Meeting (Agenda Item #16D9), the modification request was approved. The design vendor for H0371, McKim and Creed, has provided all completed design documentation up to this point and is up to date regarding invoicing Collier County for the work that they have completed. North Collier Regional Park: The notice of award of $1,275,000 and grant contract H0390 for the North Collier Regional Park was 16.D.10 Packet Pg. 1423 09/27/2022 received on October 11, 2019 from FDEM. A twenty-five percent (25%) match of $425,000 was required. On February 5, 2020, the Surtax committee approved the use of Surtax funds to meet the match requirement. The award plus the match brought the total project cost to $1,700,000. At the February 25, 2020 Board Meeting (Agenda Item #16D4), the award was approved and accepted. On October 1, 2020, a modification request to contract H0390 North Collier Regional Park was submitted to FDEM to modify the scope of work from three (3) generators to one (1) and therefore decrease the project budget but improve overall efficiency. On January 11, 2021, a request was submitted to FDEM requesting an additional twelve (12) months extension from the original Period of Performance end of October 31, 2021, in order to accommodate the scope of work change and delays resulting from COVID- 19. The request for the reduction was approved by FDEM on April 2, 2021, and resulted in a corresponding decrease in the Federal award amount to $1,025,796 as well as a match reduction to $341,932, along with an extended Period of Performance ending on October 31, 2022. The total project was $1,367,728. At the May 11, 2021 Board Meeting (Agenda Item #16D4), the modification and extension requests were approved. On September 13, 2021, FDEM provided a second agreement modification to contract H0390 North Collier Regional Park to approve Sub-Recipient Management Costs (SRMC) in the amount of $34,193.13 to cover the costs of project management and administration, bringing the new total federal funding amount to $1,059,989.13. The new project total includes federal f unds and a match of $1,401,921.13. At the November 9, 2021 Board Meeting (Agenda Item #16D7), the modification request was approved. The design vendor for H0390, Wood Environment and Infrastructure Solutions, is in the process of gathering and will provide all completed work to Collier County. Upon receipt of this information, the vendor will invoice Collier County no more than $3,000 at which point the vendor will be up to date regarding invoicing Collier County for the work that they have completed Upon consultation with the project engineers, it was determined that the lead time to complete both projects require a minimum delivery of up to 18 months due to the generator specifications of wind rating requirements. FDEM advised each project could be extended but only in 12-month intervals. The project must be completed, inspected, and closed out no later than February 28, 2024. Further review with the associated design vendors suggested an option to purchase used generators to reduce the lead time; however, grant conditions only allow for new equipment purchases. Given supply chain disruptions, the County is unable to complete the HMGP projects within a timeframe that would allow Collier County to meet the required FEMA disaster closeout date. As a result, staff recommends termination of the projects to avoid non-compliance with the FEMA Disaster Closeout Date and finalize termination with FDEM via the County Manager's signed termination letters. FISCAL IMPACT: Collier County has not received grant revenue to date for these projects. Budget amendments are required to reduce budgeted grant revenues, in the amount of $1,864,438.70 within the Public Service Grant Fund (709) and return the required local match from Public Services Match Fund (710) in the amount of $570,000 to the Infrastructure Surtax Fund (318) and $31,432 to Parks & Recreation Capital Fund (306). Grants expenditures incurred to date of $154,622.52 will be supported with local funding per the table below and requires budget amendments in the amounts of $89,490.63 within MSTU General Fund (111) and $57,091.64 within General Fund (001). 16.D.10 Packet Pg. 1424 09/27/2022 GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. -DDP RECOMMENDATION: To approve the termination of Federal Emergency Management Agency Hazard Mitigation Grant Program Sub-Recipient Agreements H0371 (Immokalee Sports Complex) and H0390 (North Collier Regional Park) between Collier County and the Florida Division of Emergency Management and authorize the necessary Budget Amendments. Prepared By: Maria Kantaras, Grants Coordinator, Community & Human Services Division ATTACHMENT(S) 1. H0371 County Manager Termination Letter (PDF) 2. H0390 County Manager Termination Letter (PDF) 16.D.10 Packet Pg. 1425 09/27/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.10 Doc ID: 23393 Item Summary: Recommendation to approve the termination of Federal Emergency Management Agency Hazard Mitigation Grant Program Sub-Recipient Agreements H0371 (Immokalee Sports Complex) and H0390 (North Collier Regional Park) between Collier County and the Florida Division of Emergency Management and authorize the Budget Amendments in the amount of $146,582.27 for the MSTU General Fund (111) and General Fund (001). Meeting Date: 09/27/2022 Prepared by: Title: – Community & Human Services Name: Maria Kantaras 09/15/2022 5:43 PM Submitted by: Title: Manager - Federal/State Grants Operation – Community & Human Services Name: Kristi Sonntag 09/15/2022 5:43 PM Approved By: Review: Community & Human Services Kristi Sonntag CHS Review Completed 09/16/2022 7:59 AM Community & Human Services Donald Luciano Additional Reviewer Completed 09/16/2022 8:18 AM Community & Human Services Blanca Aquino Luque Additional Reviewer Completed 09/16/2022 3:14 PM Operations & Veteran Services Jeff Newman Additional Reviewer Completed 09/19/2022 1:42 PM Public Services Department Todd Henry PSD Level 1 Reviewer Completed 09/19/2022 2:24 PM Grants Erica Robinson Level 2 Grants Review Completed 09/19/2022 2:42 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 09/19/2022 8:04 PM Public Services Department Tanya Williams PSD Department Head Review Completed 09/20/2022 7:45 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/20/2022 10:01 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/20/2022 11:15 AM Community & Human Services Maggie Lopez Additional Reviewer Completed 09/20/2022 5:50 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 09/21/2022 7:58 AM Office of Management and Budget Christopher Johnson Additional Reviewer Completed 09/21/2022 9:26 AM Grants Therese Stanley Additional Reviewer Completed 09/21/2022 10:21 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 09/21/2022 4:31 PM 16.D.10 Packet Pg. 1426 09/27/2022 Board of County Commissioners Geoffrey Willig Meeting Pending 09/27/2022 9:00 AM 16.D.10 Packet Pg. 1427 Office of the County Manager Amy Patterson 3299 TamiamiTrail East, Suate 202. Naples Florida 34112-5746 . (239) 252-8383 Subiect: Termination of Agreement H0371; Project 4337-274-R lmmokalee Sports Complex HMGP Ms. Font Rosado, Collier County is submitting a formal request to terminate Agreement H0371 for projecl4337 -274-R. Collier County has determined that due to the increased lead time of the generator and enclosure supply chain, the project will not be completed in timely manner that would allow compliance with the Disaster Close Out date of February 28,2024. As a result, Collier County respectfully requests a termination of the agreement effective immediately unless otherwise determined by the Florida Division of Emergency Management. The details of termination which are stated in Section 17c of the H0371 agreement are shown below. Please advise as to what next steps Collier County must take to finalize the agreement termination and support a compliant grant close out. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. Thank you for your consideration. Sincerely, Amy Patterson Collier County Manager September 27, 2022 Ms. Andrea Font Rosado Project Manager - Hazard Mitigation Grant Program Florida Division of Emergency Management 2720 Director's Row Orlando, FL 32809 Andrea.Font-Rosado@em.mvflorida.com 16.D.10.a Packet Pg. 1428 Attachment: H0371 County Manager Termination Letter (23393 : FDEM HMGP Generator Projects Termination) Office of the County Manager Amy Pafterson 3299 TamiamiTrail East, Suite 202. Naples Flonda 34112-5746. (239) 252-8383 September 27, 2022 Ms. Andrea Font Rosado Project Manager - Hazard Mitigation Grant Program Florida Division of Emergency Management 2720 Director's Row Orlando, FL 32809 Andrea. Font-Rosado@em.myfl orida. com Subject: Termination of Agreement H0390; Project 4337-295-R North Collier Regional Park HMGP Ms. Font Rosado, Collier County has determined that due to the increased lead time ofthe generator and enclosure supply chain, the project will not be completed in timely manner that would allow compliance with the Disaster Close Out date of February 28, 2024. As a result, Collier County respectfully requests a termination of the agreement effective immediately unless otherwise determined by the Florlda Division of Emergency Management. The details of Termination Section 17c of the H0390 agreement are below. Please advise as to what next steps Collier County must take to finalize the agreement termination and support a close out that is compliant with the agreement. c- The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. Thank you for your consideration Sincerely, Amy Patterson Collier County Manager Collier County is submitting a formal request to terminate Agreement H0390 for project 4337-295-R. 16.D.10.b Packet Pg. 1429 Attachment: H0390 County Manager Termination Letter (23393 : FDEM HMGP Generator Projects Termination)