HomeMy WebLinkAboutR-2024-054 Increase Funding for Grant Agreement with FDEM for Lift Stations 1 2 and 3 ProjectRESOLUTION NO.2024-_Q5q
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE MODIFICATION NUMBER THREE TO THE SUBGRANT
AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE
STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT FOR
AN INCREASE IN FUNDING FOR THE REHABILITATION OF LIFT
STATIONS 1, 2 AND 3 PROJECT; PROVIDING FOR CONFLICTS;
FURTHER PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, City Commission approved Resolution No. 2020-015, accepting a Florida
Division of Emergency Management grant for a sanitary sewer lift station generator and utility
resiliency project in the amount of Two Million Seven Hundred Eighty -Two Thousand Seven
Hundred Eighty -Eight Dollars and Seventy -Five Cents ($2,782,788.75); and
WHEREAS, upon issuing the Invitation to Bid (ITB No. 2023-010) for the construction
of the project, the City received one response in the amount of Nine Million Seven Hundred
Seventy -Four Thousand Five Hundred Ninety -Five Dollars ($9,774,595); and
WHEREAS, the ITB respondent's pricing was significantly above the original grant
amount, the City submitted and received approval from FDEM for additional grant funds in the
amount Four Million Five Hundred Forty -Eight Thousand One Hundred Fifty -Seven Dollars
and Fifty Cents ($4,548,157.50) to meet the total funding required; and
WHEREAS, to formally accept the additional grant funds, Commission approval is
required for the modification of the agreement between the City of Dania Beach and FDEM for
the additional funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct, and they are made a part of and, incorporated into this Resolution by this
reference.
Section 2. That the proper City officials are authorized to accept and execute
Modification Number Three to the Subgrant Agreement with the Florida Division of Emergency
Management for an increase in grant funds for the Wastewater Lift Station, Generator and
Utility Mitigation Project, a copy of Modification Number 3 is attached and incorporated into
this Resolution by this reference.
Section 3• That the City Manager and City Attorney are authorized to make minor
revisions to the Agreement which are deemed necessary and proper and in the best interest of
the City including modifications for project extensions.
Section 4. That funding will be appropriated within the Grant Fund.
Section 5• That all resolutions or parts of resolutions in conflict with this
Resolution are repealed to the extent of such conflict.
Section 6• That this Resolution shall take effect ten (10) days after passage.
PASSED il AN
AND ADOPTED on (k1(()V) 11 12024.
(1
Motion by l �'�(il•1� 1 �1C1�IfC i � ontbs second byy l/1 nn i-jo V c j
FINAL VOTE ON ADOPTION: Unanimous V
Yes No
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
ATTEST:
CITY CLERK
APPROVED AS TO FORM AND
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1 VCVE U SIS
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OIZY
RESOLUTION #2024-D Z _1
SUB -RECIPIENT AGREEMENT CHECKLIST
DIVISION OF EMERGENCY MANAGEMENT
MITIGATION BUREAU
FISCAL OPERATIONS UNIT
HMGP
EST FOR REVIEW
SUB -RECIPIENT:
City of Dania Beach
PROJECT #:
4337-334-R
PROJECT TITLE:
City of Dania Beach, Wastewater Lift Stations, Generator and Utility
Mitigation
CONTRACT#:
H0423
MODIFICATION #: 3
SUB -RECIPIENT REPRESENTATIVE (POINT OF CONTACT)
Colin Donnelly
CIP and Grants Administrator
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
Enclosed is your copy of the proposed contract/modification between City of Dania Beach and
the Florida Division of Emergency Management (FDEM).
COMPLETE
❑
This form is required to be included with all Reviews, Approvals, and Submittals
❑
Reviewed and Approved
❑
Signed & Dated Electronic Copy by Official Representative
Copy of the organization's resolution or charter that specifically identifies the
person or position that is authorized to sign, if not Chairman, Mayor, or Chief
❑
❑
Attachment I - Federal Funding Accountability and Transparency Act (FFATA) -
completed, signed, and dated
❑ N/A for Modifications or State Funded Agreements
❑
Attachment K — Certification Regarding Lobbying - completed, signed, and dated
❑ N/A for Modifications or State Funded Agreements
❑
Attachment L — Contracts with Non -Profit Organizations - completed, signed, and
dated
❑
Electronic Submittal to the Grant Specialist
If you have any questions regarding this contract, or who is authorized to sign it, please contact
your Project Manager at (850) 312-9443 or email me at Alejandro.Vargas@em.myflorida.com.
Contract Number: H0423
Project Number: 4337-334-R
MODIFICATION TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
CITY OF DANIA BEACH
This Modification Number Three is made and entered into by and between the State of Florida,
Division of Emergency Management ("the Division°), and City of Dania Beach ("the Sub -Recipient") to
modify Contract Number H0423, dated March 4, 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 $2,875,548.38, in Federal Funds; and
WHEREAS, the Division and the Sub -Recipient intend to modify the Agreement; and
WHEREAS, the Agreement expired on August 31, 2023; and
WHEREAS, the Division and the Sub -Recipient intend to reinstate and extend the terms of the
Agreement, modify the Scope of Work, and increase the Federal Funding by $4,548,157.50 under 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 4, 2020 and shall end August 31, 2024, unless terminated
earlier in accordance with the provisions of Paragraph (17) of this Agreement.
3. The Agreement is amended to increase the Federal Funding by $4,548,157.50, for the maximum
amount payable under the Agreement to $7,423,705.88, (Seven Million Four Hundred Twenty -
Three Thousand Seven Hundred Five Dollars and Eighty -Eight Cents).
4. The Budget and Scope of Work, Attachment A to this Agreement, is hereby modified as set forth
in 3rd Revised Attachment A to this modification, a copy of which is attached hereto and
incorporated herein by reference.
5. All provisions of the Agreement being modified and any attachments thereto in conflict with
Modification shall be and are hereby changed to conform to this Modification, effective as of the
date of the last execution of this Modification by both parties.
6. 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.
7. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of
the program year and shall be sent each quarter until submission of the administrative closeout
report. The ending dates of each quarter of the program year are March 31, June 30, September
30, and December 31.
IN WITNESS WHEREOF, the parties hereto have executed this modification as of the dates set
out below.
SUB -RECIPIENT: CITY OF DANIA BEACH
N2
Name and Title:
Date:
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Name and Title: Kevin Guthrie Director
Date:
Attachment A
(31d Revision)
Budget and Scope of Work
STATEMENT OF PURPOSE:
The purpose of this Scope of Work is to provide protection to lift stations in Dania Beach, Broward County,
Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4337-334-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 installation 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, City of Dania Beach, 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 proposes to implement a utility
mitigation activity and shall provide backup power to three (3) lift stations: LS #1, LS #2, and LS #3, located
in Dania Beach, Florida 33004.
The HMGP project shall provide protection to the facilities by the demolition of the existing submersible lift
stations and the construction of new submersible lift stations with a valve vault within the same site to
increase the pumping capacity. LS #1 shall increase the pumping capacity from 400 gallons per minute to
2,000 gallons per minute, including the installation of a control panel system, electrical components, and
modification of the existing manhole. LS #2 shall increase the pumping capacity from 400 gallons per
minute to 1,200 gallons per minute, including the installation of a control panel system, electrical
components, and modification of the existing manhole. LS #3 shall increase the pumping capacity from
400 gallons per minute to 1,100 gallons per minute, including the installation of a control panel system,
electrical components, and modification of the existing manhole.
The scope of work also includes installing three (3) permanent diesel generators with a capacity of 230-
kW, 125-kW, and 150-kW at LS #1, LS #2, and LS #3, respectively, or the adequate size determined by
the vendor and/or an electrical engineer during the bid process to appropriately support the critical facilities.
The generators include a concrete pad, an Automatic Transfer Switch (ATS), and electrical connections.
The lift stations serve areas that are subject to excessive inflow and the pumping system is under capacity.
Furthermore, the lift stations do not currently have a permanent backup power source to protect against
system failure. Providing a permanent source of backup power shall allow the City of Dania Beach to
maintain the lift stations operational during potential service outages and prevent future sewer overflows.
The project intends to reduce the risk of damage caused by sewage overflow by improving the performance
and reliability of the lift stations.
The generator(s), electrical components, and all utility mitigation activities shall be protected against a 500-
year (0.2% annual chance) flood event by implementing specific activities or by locating the generator(s)
outside the Special Flood Hazard Area (SFHA), comply with applicable National Flood Insurance Program
(NFIP) requirements and shall be protected against wind with a rated enclosure and appropriate anchoring
based on its location requirements per ASCE 7 standards. The selected site shall provide sufficient space
to maintain and fuel the generator(s) and shall comply with the National Electrical Code working clearance
requirements. Activities shall be completed in strict compliance with Federal, State and Local applicable
Rules and Regulations.
Project Locations provided:
ID#
Station
Location
M
Coordinates
1)
#1
50 Southeast 2nd Avenue,
230
(26.051436,-80.141779)
Dania Beach, Florida, 33004
2)
#2 .
400 Southeast 2"d Avenue,
125
(26.043996,-80.141271)
Dania Beach, Florida, 33004
3)
#3
1200 Southeast 2"d Avenue,
150
(26.037217,-80.141271)
Dania Beach, Florida, 33004
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 and State Laws and Regulations. All
procurement activities shall contain sufficient source documentation and be in accordance with all
applicable regulations.
The Sub -Recipient shall be responsible for furnishing or contracting all labor, materials, equipment,
tools, transportation, and supervision and for performing all work per sealed engineering designs and
construction plans presented to the Division by the Sub -Recipient and subsequently approved by the
Division and FEMA.
The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksite for
the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable
condition.
The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended from
participating in federally funded projects.
The selected contractor shall have a current and valid occupational license/business tax receipt issued
for the type of services being performed.
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 within 10 days of execution.
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 installation 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 manufacturers specifications. Any deficiencies found during this final inspection shall be corrected
by the Sub -Recipient prior to Sub -Recipient's submittal of the final inspection request to the Division.
Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient
supporting documentation and provide a summary of all contract scope of work and scope of work
changes, if any. Additional documentation shall include:
a) Copy of permit(s), notice of commencement.
b) Local Building Official Inspection Report and Final Approval.
c) A copy of electrical designs, specifications and/or drawings elaborated to complete the scope.
d) Signed and Sealed copy of the As -built plans, as applicable.
e) Certified Letter of Completion, as applicable:
1. Affirming that the project has been completed in conformance with the approved project
drawings, specifications, and scope.
2. Certifying Compliance with all applicable codes.
f) All Product Specifications / Data Sheet(s) (technical standards) satisfying protection requirements
on all products utilized.
g) Verification letter or documentation showing the generators, automatic transfer switch (ATS),
pumps, and electrical components are protected to the 500-year (0.2% annual chance) flood
elevation.
h) Verification letter or documentation stating if unusable equipment, debris, materials, petroleum
products, hazardous materials, or toxic waste were discovered during project implementation and,
if so, how they were handled, managed, and disposed of.
i) 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 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 protection to three (3) lift stations in Dania Beach, Florida
33004, by installing permanent diesel generators and upgrading the lift stations.
The generator(s), electrical components, and all utility mitigation activities shall be protected against a
500-year (0.2% annual chance) flood event by implementing specific activities or by locating the
generator(s) outside the Special Flood Hazard Area (SFHA), comply with applicable National Flood
Insurance Program (NFIP) requirements and shall be protected against wind with a rated enclosure
and appropriate anchoring based on its location requirements per ASCE 7 standards. The selected
site shall provide sufficient space to maintain and fuel the generator(s) and shall comply with the
National Electrical Code working clearance requirements. Activities shall be completed in strict
compliance with Federal, State and Local applicable Rules and Regulations.
Provided the Sub -Recipient performs in accordance with the Scope of Work outlined in this Agreement,
the Division shall reimburse the Sub -Recipient based on the percentage of overall project completion.
PROJECT CONDITIONS AND REQUIREMENTS:
C) Engineering:
1) The Sub -Recipient shall submit to the Division an official letter stating that the project is 100% complete
and ready for the Division's Final Inspection of the project.
2) The Sub -Recipient shall provide a copy of the Notice of Commencement, and any local official
Inspection Report and/or Final Approval, as applicable.
3) The Sub -Recipient shall submit a final copy of the completed project's As -built drawings and all
necessary supporting documentation and provide a summary of all contract scope of work changes,
as applicable.
4) The Sub -Recipient shall submit a final copy of any electrical designs, specifications and/or drawings
elaborated to complete the job.
5) The Sub -Recipient shall submit a certified letter of completion from Engineer of Record, as applicable.
The Sub -Recipient's Engineer of Record shall provide a formal certificate or letter affirming that the
project has been completed in conformance with the approved project drawings, specifications, scope,
and applicable codes.
6) The Sub -Recipient shall submit all Product Specifications / Data Sheet(s) (technical standards)
satisfying protection requirements on all products utilized.
7) All installations shall be done in strict compliance with the Florida Building Code or Miami Dade
Specifications. All materials shall be certified to exceed the wind and impact standards of the current
local codes.
8) 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.
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, automatic transfer switches (ATS), pumps, and electrical components are 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 Division and FEMA documenting compliance with this
condition.
5) Unusable equipment, debris and materials shall be disposed of in an approved manner and location.
In the event of significant items (or evidence thereof) are discovered during implementation of the
project, the Sub -Recipient shall handle, manage, and dispose of petroleum products, hazardous
materials and toxic waste in accordance to the requirements and to the satisfaction of the governing
local, state and federal agencies. Failure to comply with these conditions may jeopardize FEMA
funding; verification of compliance shall be required at project closeout.
6) 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" 144 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 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 generators are 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 which protective option they have selected. Source of condition:
Executive Order 11988 - Floodplains Monitoring Required: No
b) RCRA CONDITION: Unusable equipment, debris and material shall be disposed of in an approved
manner and location. In the event significant items (or evidence thereof) are discovered during
implementation of the project, subrecipient shall handle, manage, and dispose of petroleum
products, hazardous materials and toxic waste in accordance to the requirements and to the
satisfaction of the governing local, state and federal agencies. Failure to comply with these
conditions may jeopardize FEMA funding; verification of compliance shall be required at project
closeout. Source of condition: Resource Conservation and Recovery Act, aka Solid Waste
Disposal Act (RCRA). Monitoring Required: No
9) Sub -Recipient Management Costs (SRMC), implemented under the Disaster Relief and Recovery Act
of 2018 (DRRA), amended Section 324 of the Stafford Act, and the Hazard Mitigation Grant Program
Management Costs (Interim) FEMA Policy 104-11-1, provides 100% federal funding under HMGP to
Sub -Recipients to efficiently manage the grant and complete activities in a timely manner.
a) SRMC must conform to 2 CFR Part 200, Subpart E, applicable program regulations, and Hazard
Mitigation Assistance (HMA) Guidance (2015), ensuring costs are reasonable, allowable, allocable
and necessary to the overall project.
b) Funding is for approved indirect costs, direct administrative costs, and administrative expenses
associated with this specific project and shall have adequate documentation.
c) SRMC cannot exceed 5% of the total project costs awarded.
d) SRMC is 100% federally funded and will be reimbursed based on actual costs incurred for each
individual Request for Reimbursement (RFR) submitted with the required documentation.
e) SRMC shall be reconciled against actual costs on a quarterly basis and annual basis.
f) If the Final Project Reconciliation results in a reduction of total project costs, any resulting SRMC
overpayment shall be reimbursed back to the State for return to FEMA prior to FEMA Closeout.
This is FEMA project number4337-334-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 19, 2019; this Agreement was executed on March 4, 2020, and
the Period of Performance for this project shall end on August 31, 2024.
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:
4
Months
Bidding / Local Procurement:
16
Months
Permitting:
4
Months
Construction / Installation:
18
Months
Local Inspections / Compliance:
4
Months
State Final Inspection / Compliance:
4
Months
Closeout Compliance:
3
Months
Total Period of Performance:
67
Months
BUDGET
Line Item Budget*
Project Cost
Federal Cost
Non -Federal Cost
Materials:
$8,231,595.00
$6,173,696.25
$2,057,898.75
Labor
$1,069,000.00
$801,750.00
$267,250.00
Fees
$474 000.00
$355 500.00
$118,500.00
Initial Agreement Amount:
$9,774,596.00
$7,330,946.25
$2,443,648.75
*"Contingency Funds:
$0 00
$0.00
$0.00
Project Total:
$9 774 595.00
$7,330,946.26
$2,443,648.75
SRMC: $92,769.63 $92,759.63
SRMC-Pre-Award: $0.00 $0.00
SRMC Total: $92,759.63 $92,759.63
*Any line item amount in this Budget may be increased or decreased 10% or less, with the Division's
approval, without an amendment to this Agreement being required, so long as the overall amount of the
funds obligated under this Agreement is not increased.
*** This project has an estimated $0.00 in contingency funds. Per FEMA Hazard Mitigation Assistance
Guidance Part Vl, D.3.4 — Contingency funds are not automatically available for use. Prior to their release,
contingency funds must be re -budgeted to anotherdirect 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
$92,759.63 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:
$7,330,946.25 (75.00%)
$2,443,648.75 (25.00%)
$9 774 595.00 (100.00%)
SRMC (100% Federal) $92,759.63