Agenda 06/13/2023 Item #16C3 (Florida Department of Emergency Management Hazard Mitigation Grant Program)16.C.3
06/13/2023
EXECUTIVE SUMMARY
Recommendation that the Board approve and authorize the Chairman to sign the attached updated Florida
Department of Emergency Management Hazard Mitigation Grant Program contract modification number
three for fifty-three (53) portable generators for modifications to the environmental and programmatic
sections in addition to a time extension to December 31, 2023. (Contract #110419)
OBJECTIVE: To maintain compliance with local, state, and federal regulations and to improve hurricane
resiliency and operational reliability in the wastewater collection system.
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.
On November 13, 2019, the Florida Department of Emergency Management ("FDEM") awarded the County the
4337-114-R HMGP grant. The Board approved and signed the grant agreement at its February 25, 2020, meeting
(Agenda Item 11.13). FDEM countersigned the $3,351,708 grant agreement on March 18, 2020.
The Board approved Scope Modification #1 for a time extension under the grant agreement on July 13, 2021
(Agenda Item 16.C), which FDEM countersigned on August 12, 2021. The Board approved Scope Modification #2
under the grant agreement to update the listed generator capacities on May 24, 2022 (Agenda Item 16.C), which
FDEM countersigned on June 16, 2022.
The Board approved Scope Modification #3 to further extend the period of performance on November 8, 2022
(Agenda Item 16.0 - See Attachment 1). County staff sent FDEM the Board approved Scope Modification #3 to be
countersigned on November 16, 2022. Subsequently, FDEM requested that it required additional minor text
modifications to an environmental condition and a programmatic condition in the grant agreement. On April 17,
2023, the County received the text modifications from FDEM as revised contract modification number three (See
Attachment 2). The revised version includes an update of item 4 in the Environmental Section and an update of
item 8 in the Programmatic Section, as shown by the below strikethrough (redacted language) and underscored
(added language), summarized below:
Environmental Section:
4) The generators are supporting a critical action and when depl ,y 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. VAw nt �m
used they must be stored in an un shaded X zone or- mst be pr-eteeted to the 500 year- 0
Peed elev ie if placed in a Special Flood Hazard (SFHA) or shaded X zone. The Sub -Recipient must
submit 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.
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16.C.3
06/13/2023
Programmatic Section:
8) Special Condition required on the implementation of project:
a) EO 11988 CONDITION: The generators is 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
documentation to the State and documenting eomplian^e with this eendition which protective
option they have selected. Source of condition: Executive Order 11988 - Floodplains Monitoring
Required: No.
Since FDEM is presenting these minor text modifications to the County after the current expiration date, FDEM
incorporated a reinstatement and extension provision in revised contract modification three which extends the
period of performance to December 31, 2023. County staff is equipped and prepared to implement the conditions
within the agreement modification.
FISCAL IMPACT: There is no Fiscal impact associated with this modification. Funding has been previously
appropriated within Public Utilities Grant Fund (4016) and Public Utilities Match fund (4017) under project 33667.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board
approval. -SRT
RECOMMENDATION: That the Board approve and authorize the Chairman to sign the attached updated Florida
Department of Emergency Management Hazard Mitigation Grant Program contract modification number three for
fifty-three (53) portable generators for modifications to the environmental and programmatic sections in addition to
a time extension to December 31, 2023.
Prepared by: Damian Cuadrado, P.E., Senior Project Manager, Engineering and Project Management Division
ATTACHMENT(S)
1. Attachment 1 - 4337-114-R Mod #3 - with County signature (PDF)
2. Attachment 2 - 4337-114-R Mod #3 -Collier County -For Subrecipient Signature 4-17-2023 (PDF)
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16.C.3
06/13/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.3
Doe ID: 25425
Item Summary: Recommendation that the Board approve and authorize the Chairman to sign the attached
updated Florida Department of Emergency Management Hazard Mitigation Grant Program contract modification
number three for fifty-three (53) portable generators for modifications to the environmental and programmatic
sections in addition to a time extension to December 31, 2023. (Contract #H0419)
Meeting Date: 06/13/2023
Prepared by:
Title: — Engineering and Project Management
Name: Damian Cuadrado
05/03/2023 1:15 PM
Submitted by:
Title: Director — Engineering and Project Management
Name: Matthew McLean
05/03/2023 1:15 PM
Approved By:
Review:
Procurement Services
Ana Reynoso
Level 1 Purchasing Gatekeeper
Engineering and Project Management
Matthew McLean
Additional Reviewer
Wastewater
Robert Von Holle
Additional Reviewer
Engineering and Project Management
Shon Fandrich
Additional Reviewer
Public Utilities Department
Drew Cody
Level 1 Division Reviewer
Public Utilities Department
Megan Gaillard
Level 2 Division Administrator Review
Procurement Services
Sandra Herrera
Procurement Director Review
Grants
Maria Kantaras
Level 2 Grants Review
County Attorney's Office
Scott Teach
Level 2 Attorney Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Corporate Compliance and Continuous
Improvement
Megan Gaillard
Community & Human Services Maggie Lopez Additional Reviewer
Grants Therese Stanley Additional Reviewer
County Manager's Office Dan Rodriguez Level 4 County Manager Review
Board of County Commissioners Geoffrey Willig Meeting Pending
Completed
05/03/2023 3:23 PM
Completed
05/10/2023 12:44 PM
Completed
05/16/2023 11:00 AM
Completed
05/23/2023 4:01 PM
Completed
05/24/2023 10:28 AM
Skipped
05/24/2023 12:16 PM
Completed
05/24/2023 4:33 PM
Completed
05/25/2023 3:44 PM
Completed
05/26/2023 9:08 AM
Completed
05/26/2023 11:05 AM
Completed
05/26/2023 4:12 PM
Additional Reviewer
Completed
05/26/2023 4:28 PM
Completed
05/31/2023 8:32 AM
Completed
06/02/2023 8:22 AM
Completed
06/06/2023 10:52 AM
06/13/2023 9:00 AM
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16.C.3.a
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
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CONTRACT #: H0419
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MODIFICATION #: 3 c
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SUB -RECIPIENT REPRESENTATIVE (POINT OF CONTACT) LO
Damian Cuadrado, Professional Engineer N
Collier County BOCC 3299 Tamiami Trail, Suite 700
Naples, Florida 34112
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Enclosed is your copy of the proposed contract/modification between Collier County and the Z
Florida Division of Emergency Management (FDEM).
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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 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) 692-8949 or email me at Andrea.Font-
Rosado(a)em.rnyflorida.com.
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16.C.3.a
Contract Number: H0419
Project Number: 4337-114-R
MODIFICATION TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
COLLIER COUNTY
This Modification Number Three is made and entered into by and between the State of Florida,
Division of Emergency Management ("the Division"), and Collier County ("Sub -Recipient") to modify
Contract Number H0419, dated March 18, 2020, ("the Agreement").
WHEREAS, the Division and the Recipient have entered into the Agreement, pursuant to which
the Division has provided a subgrant to 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; and
WHEREAS, the Agreement shall expire on December 30, 2022.
WHEREAS, the Division and the Sub -Recipient desire to 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. Paragraph 8 of the Agreement is hereby amended to read as follows:
(8) PERIOD OF AGREEMENT
This Agreement shall begin March 18, 2020 and shall end December 31, 2023; unless
terminated earlier in accordance with the provisions of paragraph (17) of this Agreement
2. The Scope of Work, to the Agreement, are hereby modified as set forth in 3rd Revision
Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by
reference.
3. 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.
4. 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.
5. 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.
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16.C.3.a
IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set
out below.
SUB -I �IER CO N
By:
William . McDaniel, Jr., Chairman
Date: / /ov 'i' i7ih 2002,
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
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Name and Title: Kevin Guthrie, Director
Date:
ATTEST
CRYSTAL, : ** CLERK,:
Aftest as C� alrm.a
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16.C.3.a
Attachment A
(3rd 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,
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funded through the Hazard Mitigation Grant Program (HMGP) DR4337-114-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
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damage that might otherwise occur from severe weather or other hazards.
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The Sub -Recipient, Collier County, agrees to administer and complete the project per scope of work as
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submitted by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient
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shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations, and
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Codes.
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PROJECT OVERVIEW:
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
1.
101.02
2.
101.04
3.
101.05
4.
101.15
5.
101.17
6
103.11
7.
103.12
8. ..
9
104.01
10.
104.22
11.
105.05
12.
107.07
13. .. - -- -
--- -. 108.05
__ ...._
14. _
109.05
.........
15
.....
__ - 119.00
......._.
16.
i 119.06
17.
121.02
18. .......
}..133.00
19.
138.00
20.
_.. _..............._......
144.00
..__. -
Coordinates
26.274823,-81.825054
26.266610,-81.825325
26.256750,-81.823200
26.252941,-81.802540
26.274049,-81.810456
26.277559,-81.750373
26.283734,-81.751392
26.160778,-81.761849
26.235115,-81.782443
26.186329,-81.697913
26.255387,-81.775802
26.279709,-81.729128
26.216600,-81.725007
26.238355,-81.812170
26.312904,-81.818454
26.313156,-81.822192
26.329913,-81.827258
26.274600,-81.763746
26.201884,-81.763785
26.191377,-81.763497
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16.C.3.a
21.
144.04
65 kW
22.
,�
145.00
110 kW
23.
149.00
65 kW
24.
171.00
110 kW
25
180.00
110 kW
26.
_
j 309,26
t_ 55 kW
27.
__.
300.07
_ .
50 kW
28.
300.12
65 kW
_
29.
_ ._.__......._........_..
302.28
110 kW
30.
..._..._
302.57
.............._............__
65 kW
_........_.._.__.._..__....
31.
! 302.60
__.._
170 kW
32.
305.07
65 kW
33
305.10
65 kW
34.
308.01
65 kW
35.
308.03
65 kW
36.
308.04
65 kW
37
308 07
50 kW
38
309.02
50 kW
39.
309.04
55 kW
40.
309.09
110 kW
41.
1309.10
110 kW
42.
i 309.12
110 kW
43.
_............... - ._..
309.13
_
55 kW
44.
; 309.23
110 kW
45
309 29
55 kW
46.
312.07
55 kW
47.
313.10
65 kW
48.
_........_
1 316.01
_ 110 kW
49.
............-
316.02
65 kW
50.
316.04
110 kW
51.
318.03
110 kW
52.
318.09
65 kW
53.
404.01
65 kW
TASKS & DELIVERABLES:
A) Tasks:
26.183849,-81.764673
26.239191,-81.765910
26.312016,-81.802456
26.269385,-81.694825
26.244466,-81.714953
26.160823,-81.758865
26.096933,-81.736295
26.101982,-81.728258
26.124105,-81.741754
26.108361,-81.690512
26.089023,-81.686262
26.135352,-81.760275
26.138090,-81.754281
26.136668,-81.770546
26.135937,-81.778086
26.132150,-81.768669
26.142048,-81.768372
26.142203,-81.757236
26.142084,-81.764659
26.164156,-81.758892
26.164092,-81.778198
26.164023,-81.773495
26.161928,-81.771464
26.157040,-81.758838
26.153514,-81.763472
26.141041,-81.727545
26.155566,-81,722546
26.028599,-81.687995
26.019941,-81.687201
26.030326,-81.685000
26.044884,-81.671180
26.051495,-81.704230
26.289723,-81.590772
1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute
a contract with the selected bidder to complete the scope of work as approved by the Division and
FEMA. The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the
Sub -Recipient's procurement policy as well as all Federal and State Laws and Regulations. All
procurement activities shall contain sufficient source documentation and be in accordance with all
applicable regulations.
The Sub -Recipient shall be responsible for furnishing or contracting all labor, materials, equipment,
tools, transportation and supervision and for performing all work, 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
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16.C.3.a
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:
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.
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16.C.3.a
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.
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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 C9
administering the federal award to ensure that federal, state requirements are met including:
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solicitation, development, review, and processing of sub -applications; delivery of technical assistance;
quarterly progress and fiscal reporting; project monitoring; technical monitoring; compliance activities N
associated with federal procurement requirements; documentation of quality of work verification for N
quarterly reports and closeout; payment of claims; closeout review and liquidation; and records ..
retention.
Any activities that are directly related to a project are not eligible under management costs. For
example, architectural, engineering, and design services are project costs and cannot be included
under management costs. Similarly, construction management activities that manage, coordinate, and
supervise the construction process from project scoping to project completion are project costs. These
activities cannot be included under management costs.
Due to Strategic Funds Management (SFM), SRMC Interim Policy requires management costs to be
obligated in increments sufficient to cover Sub -Recipient needs, for no more than one year, unless
contractual agreements require additional funding. FEMA has established a threshold where annual
increments will be applied to larger awards allowing smaller awards to be fully obligated. Obligations
will be handled by the size of the total subaward.
The Sub -Recipient shall pre -audit all SRMC source documentation — personnel, fringe benefits, travel,
equipment, supplies, contractual, and indirect costs. A brief narrative is required to identify what the
funds will be used for. Documentation shall be detailed and clearly describe each approved task
performed, hours devoted to each task, and the hourly rate charged including enough information to
calculate the hourly rates based on payroll records. Employee benefits and tasks shall be clearly
shown on the Personnel Activity Form, and all Personnel or Contractual SRMC shall be invoiced
separate from all other project costs.
Project Management Expenses (only applies to disasters prior to August 1, 2017, all others adhere to
FEMA Policy #104-11-1 for SRMC): The Sub -Recipient shall pre -audit source documentation such as
payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information
describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour
including enough information to calculate the hourly rates based on payroll records. Employee benefits
shall be clearly shown.
The Division shall review all submitted requests for reimbursement for basic accuracy of information.
Further, the Division shall ensure that no unauthorized work was completed prior to the approved
project start date by verifying vendor and contractor invoices. The Division shall verify that reported
costs were incurred in the performance of eligible work, that the approved work was completed, and
that the mitigation measures are in compliance with the approved scope of work prior to processing
any requests for reimbursement.
Review and approval of any third -party in -kind services, if applicable, shall be conducted by the Division
in coordination with the Sub -Recipient. Quarterly Reports shall be submitted by the Sub -Recipient and
received by the Division at the times provided in this agreement prior to the processing of any
reimbursement.
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16.C.3.a
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, 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 SFHA and shall be protected against wind with a rated enclosure based on its
location requirements. Activities shall be completed in strict compliance with Federal, State and Local
Rules and Regulations.
Provided the Sub -Recipient performs in accordance with the Scope of Work outlined in this Agreement,
the Division shall reimburse the Sub -Recipient based on the percentage of overall project completion.
PROJECT CONDITIONS AND REQUIREMENTS:
C) Engineering:
1) The Sub -Recipient shall submit 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 / 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
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16.C.3.a
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 when deployed must be protected to the 500-year
(0.2% annual chance) flood elevation. When not in used they must be stored 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
i
Hazard Area (SFHA) or shaded X zone. The Sub -Recipient must submit documentation to the State
o
and FEMA documenting compliance with this condition.
a. Any change to the portable generator storage location, shall be submitted to the Division by the
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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
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to minimize pollutant emissions.
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E)
Programmatic:
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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) Special Conditions required on implementation of project:
a. EO CONDITION: The generator is supporting a critical action and must be protected to the 500-
year (0.2% annual chance) flood elevation. The Sub -Recipient must submit documentation to the
State and FEMA documenting compliance with this condition. Source of condition: Executive
Order 11988 - Floodplains Monitoring Required: No
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
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16.C.3.a
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.
o 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.
o Funding is for approved indirect costs, direct administrative costs, and administrative expenses
associated with this specific project and shall have adequate documentation.
o SRMC cannot exceed 5% of the total project costs awarded
o 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.
o SRMC shall be reconciled against actual costs on a quarterly basis and annual basis.
o 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 31, 2023.
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:
Construction Plan/Technical Specifications:
Bidding / Local Procurement:
Permitting:
Construction / Installation:
Local Inspections / Compliance:
State Final Inspection / Compliance:
Closeout Compliance:
Total Period of Performance:
4 Months
4 Months
4 Months
4 Months
21 Months
4 Months
4 Months
4 Months
49 Months
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16.C.3.a
BUDGET
Line Item Budget*
Materials:
Labor:
Fees:
Project Cost Federal Cost Non -Federal Cost
$4,427,888.00 $3,320,916.00 $1,106,972.00
$0.00
$0.00
$0.00
$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 Vl, 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.
Funding Summary Totals
Federal Share:
Non -Federal Share:
Total Project Cost:
SRMC (100% Federal)
$3,351,708.00
(75.00%)
$1,117,236.00 (25.00%)
$4,468,944.00 (100.00%)
4.482.40
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16.C.3.b
Contract Number: H0419
Project Number: 4337-114-R
MODIFICATION TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
COLLIER COUNTY
This Modification Number Three 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; and
WHEREAS, the Agreement expired on December 30, 2022; 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 March 18, 2020, and shall end December 31, 2023, 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 asset forth
in 3rd 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.
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16.C.3.b
IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set
out below.
SUB -RECIPIENT: COLLIER COUNTY
By:
Rick LoCastro, Chairman
Name and Title:
Date:
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Kevin Guthrie, Director
Date:
Approved as to form and loplity
Scott R. Teach, Deputy County Attorney
ATTEST
CRYSTAL K. KiNZEL, CLERK
BY:
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16.C.3.b
Attachment A
(31 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 OVERVIEW:
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.
Project Locations:
ID#
Station
Generator Capacity
1.
101.02
65 kW
2.
101.04
110 kW
3.
101.05
55 kW
4.
101.15
55 kW
5.
101.17
55 kW
6.
103.11
110 kW
7.
103.12
65 kW
8.
309.27
55 kW
9.
104.01
110 kW
10.
104.22
110 kW
11.
105.05
110 kW
12.
107.07
65 kW
13.
108.05
50 kW
14.
109.05
65 kW
15.
119.00
110 kW
16.
119.06
55 kW
17.
121.02
65 kW
18.
133.00
65 kW
19.
138.00
110 kW
20.
144.00
110 kW
21.
144.04
65 kW
22.
145.00
110 kW
Coordinates
26.274823,-81,825054
26.266610,-81.825325
26.256750,-81.823200
26.252941,-81.802540
26.274049,-81,810456
26.277559,-81.750373
26.283734,-81.751392
26.160778,-81.761849
26.235115,-81,782443
26.186329,-81.697913
26.255387,-81.775802
26.279709,-81.729128
26.216600,-81,725007
26.238355,-81.812170
26.312904,-81.818454
26.313156,-81.822192
26.329913,-81.827258
26.274600,-81.763746
26.201884,-81.763785
26.191377,-81.763497
26.183849,-81.764673
26.239191,-81.765910
Packet Pg. 873
16.C.3.b
23.
24.
25.
26,
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40,
41.
42.
43.
44.
45.
46.
47.
4_8._
49.
50.
51.
52.
53.
149.00
171.00
180.00
309.26
300.07
300.12
302.28
302.57
302.60
305.07
305.10
308.01
308.03
308.04
308.07
309.02
309.04
309.09
309.10
309.12
309.13
309.23
309.29
312.07
313.10
316.01
65 kW
110 kW
110 kW
55 kW
50 kW
65 kW
110 kW
65 kW
170 kW
65 kW
65 kW
65 kW
65 kW
65 kW-- -
50 kW
50 kW
55 kW
110 kW
110 kW
110 kW
55 kW
110 kW
55 kW
55 kW
65 kW
110 kW
- - - 316.02
65 kW
16.04
110 kW
318.03
110 kW
318.09
65 kW
404.01
65 kW
TASKS & DELIVERABLES:
A) Tasks:
26.312016,
-81.802456
26.269385,
-81.694825
26.244466,
-81,714953
26.160823,-81.758865
26.096933,
-81.736295
26A 01982,
-81,728258
26.124105,
-81.741754
26,108361,
-81.690512
26.089023,
-81.686262
26.135352,
-81.760275
26.138090,
-81.754281
26-136668,-81,770546
26.135937,
-81.778086
26.132150,
-81.768669
26.142048,
-81.768372
26.142203,
-81.757236
26.142084,
-81.764659
26.164156,
-81.758892
26.164092,
-81.778198
26.164023,
-81.773495
26.161928,
-81.771464
26.157040,
-81.758838
26.153514,
-81.763472
26.141041,
-81.727545
26-155566,-81.722546
26.028599,
-81.687995
26.019941,
-81.687201
26.030326,
-81.685000
26.044884,
-81.671180
26-051495,-81.704230
26.289723,
-81.590772
1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute
a contract with the selected bidder to complete the scope of work as approved by the Division and
FEMA. The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the
Sub -Recipient's procurement policy as well as all Federal and State Laws and Regulations. All
procurement activities shall contain sufficient source documentation and be in accordance with all
applicable regulations.
The Sub -Recipient shall be responsible for furnishing or contracting all labor, materials, equipment,
tools, transportation and supervision and for performing all work, 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.
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16.C.3.b
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:
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 (02% 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.
Packet Pg. 875
16.C.3.b
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, N
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 LO
administering the federal award to ensure that federal, state requirements are met including: Ln
solicitation, development, review, and processing of sub -applications; delivery of technical assistance;
quarterly progress and fiscal reporting; project monitoring; technical monitoring; compliance activities N
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 c
retention. c�
Any activities that are directly related to a project are not eligible under management costs. For
example, architectural, engineering, and design services are project costs and cannot be included
under management costs. Similarly, construction management activities that manage, coordinate, and
supervise the construction process from project scoping to project completion are project costs. These
activities cannot be included under management costs.
Due to Strategic Funds Management (SFM), SRMC Interim Policy requires management costs to be
obligated in increments sufficient to cover Sub -Recipient needs, for no more than one year, unless
contractual agreements require additional funding. FEMA has established a threshold where annual
increments will be applied to larger awards allowing smaller awards to be fully obligated. Obligations
will be handled by the size of the total subaward.
The Sub -Recipient shall pre -audit all SRMC source documentation — personnel, fringe benefits, travel,
equipment, supplies, contractual, and indirect costs. A brief narrative is required to identify what the
funds will be used for. Documentation shall be detailed and clearly describe each approved task
performed, hours devoted to each task, and the hourly rate charged including enough information to
calculate the hourly rates based on payroll records. Employee benefits and tasks shall be clearly
shown on the Personnel Activity Form, and all Personnel or Contractual SRMC shall be invoiced
separate from all other project costs.
Project Management Expenses (only applies to disasters prior to August 1, 2017, all others adhere to
FEMA Policy #104-11-1 for SRMC): The Sub -Recipient shall pre -audit source documentation such as
payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information
describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour
including enough information to calculate the hourly rates based on payroll records. Employee benefits
shall be clearly shown.
The Division shall review all submitted requests for reimbursement for basic accuracy of information.
Further, the Division shall ensure that no unauthorized work was completed prior to the approved
project start date by verifying vendor and contractor invoices. The Division shall verify that reported
costs were incurred in the performance of eligible work, that the approved work was completed, and
that the mitigation measures are in compliance with the approved scope of work prior to processing
any requests for reimbursement.
Review and approval of any third -party in -kind services, if applicable, shall be conducted by the Division
in coordination with the Sub -Recipient. Quarterly Reports shall be submitted by the Sub -Recipient and
received by the Division at the times provided in this agreement prior to the processing of any
reimbursement.
The Sub -Recipient shall submit to the Division requests for reimbursement of actual 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;
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16.C.3.b
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 o
applied against the local match amount. L
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.
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B) Deliverables:
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Mitigation Activities consist of providing backup power to fifty-three (53) pump stations, located within 1*
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Collier County, Florida, by purchasing portable generators. N
The portable generator(s) shall be stored at a location protected against a 500-year flood event or
located outside the SFHA and shall be protected against wind with a rated enclosure based on 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 REQUIREMENTS:
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 / 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
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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.
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) Special Condition required on the implementation of project:
a) EO 11988 CONDITION: 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 documentation, to the State documenting which protective option they have selected. Source
of condition: Executive Order 11988 — Floodplains Monitoring required: No.
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.
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.
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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 31, 2023.
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 PlanlTechnical Specifications:
4
Months
Bidding 1 Local Procurement:
4
Months
Permitting:
4
Months
Construction 1 Installation:
21
Months
Local Inspections 1 Compliance:
4
Months
State Final Inspection 1 Compliance:
4
Months
Closeout Compliance:
4
Months
Total Period of Performance:
49
Months
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16.C.3.b
BUDGET
Line Item Budget*
Materials:
Labor:
Project Cost Federal Cost Non -Federal Cost
$4,427,888.00 $3,320,916.00 $1,106,972.00
$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.
Funding Summary Totals
Federal Share:
Non -Federal Share:
Total Project Cost:
$3,351,708.00
(75.00%)
w $1,117,236.00
(25.00%)�
$4,468,944.00
(100.00%)
SRMC (100% Federal) $74,482.40
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