R25-128 1 RESOLUTION NO. R25-128
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING MODIFICATION NO. 1 TO THE HAZARD
5 MITIGATION GRANT PROGRAM CONTRACT NO. H0712 BETWEEN THE
6 CITY AND THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT TO
7 REINSTATE AND EXTEND THE TERM UNTIL DECEMBER 31, 2025, AND
8 INCREASE THE FEDERAL FUNDING BY $632,972.75 FOR A TOTAL
9 FUNDING OF $1,433,724.75; AND FOR ALL OTHER PURPOSES.
10
11 WHEREAS, the City and Florida Division of Emergency Management entered into the
12 Hazard Mitigation Grant Program Contract No. H0712 for Lakeside Gardens Improvements
13 Drainage Project, Phase II, approved by Resolution No. R21-139 on October 19, 2021; and
14 WHEREAS, the Federal Funding amount was in an amount of $800,752.00; and
15 WHEREAS, the Agreement expired on December 31, 2023; and
16 WHEREAS, the parties desire to reinstate and extend the term and increase the Federal
17 Funding by $632,972.75 under the Agreement; and
18 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
19 best interests of the City's citizens and residents to approve Modification No. 1 to the Hazard
20 Mitigation Grant Program Contract No. H0712 between the City and the Florida Division of
21 Emergency Management to reinstate and extend the term until December 31, 2025, and increase
22 the Federal Funding by $632,972.75 for a total funding of $1,433,724.75.
23
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
25 BEACH, FLORIDA, THAT:
26 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption.
28 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
29 approve Modification No. 1 to the Hazard Mitigation Grant Program Contract No. H0712 between
30 the City and the Florida Division of Emergency Management to reinstate and extend the term until
31 December 31, 2025, and increase the Federal Funding by $632,972.75 for a total funding of
32 $1,433,724.75 (the "Modification"), in form and substance similar to that attached as Exhibit A.
33
34 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
35 authorizes the Mayor to execute the Modification. The Mayor is further authorized to execute any
36 ancillary documents required under the Agreement or necessary to accomplish the purposes of
37 the Agreement and this Resolution, including any term extensions as provided in the Agreement,
38 provided such documents do not modify the financial terms or material terms.
39 SECTION 4. The Mayor-executed Modification shall be forwarded to Mirna Crompton
40 to obtain execution of the Modification by the Florida Division of Emergency Management. Mirna
41 Crompton shall be responsible for ensuring that one fully executed Modification is returned to
42 the City, to be provided to the Office of the City Attorney for forwarding to the City Clerk for
43 retention as a public record.
44 SECTION 5. This Resolution shall take effect in accordance with the law.
45
46
47
48
49
50 [SIGNATURES ON THE FOLLOWING PAGE]
51
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52 PASSED AND ADOPTED this V v day of 2025.
53 CITY OF BOYNTON BEACH, FLORIDA
54 YE f NO
55 Mayor— Rebecca Shelton
56 f
57 Vice Mayor—Woodrow L. Hay
58 f
59 Commissioner—Angela Cruz
60 ✓
61 Commissioner—Thomas Turkin
62 f
63 Commissioner—Aimee Kelley
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69 Maylee Re.ii"s, MPA, M C Rebecca Shelton
70 City Clerk I Mayor
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72 -0`INTON BF APPROVED AS TO FORM:
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Id .. 192p t Shawna G. Lamb
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SUB-RECIPIENT AGREEMENT CHECKLIST
DIVISION OF EMERGENCY MANAGEMENT
MITIGATION BUREAU
FISCAL OPERATIONS UNIT
HMGP
REQUEST FOR REVIEW AND APPROVAL
SUB-RECIPIENT: City of Boynton Beach
PROJECT#: 4337-121-A
PROJECT TITLE: City of Boynton Beach, Lakeside Gardens Improvement, Drainage-Phase
I I
CONTRACT#: H0712
MODIFICATION#: One
SUB-RECIPIENT REPRESENTATIVE(POINT OF CONTACT)
Jose C. Huertas
Engineer IV
124 East Woolbright Road
Boynton Beach, FL 33435
Enclosed is your copy of the proposed contract/modification between City of Boynton 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— FACTS - completed, signed, and dated
N/A for Modifications or State Funded Agreements
Attachment M — Foreign County of Concern Affivadit completed, signed, and dated
Li N/A for Modifications or State Funded Agreements
® Electronic Submittal to the Grant Specialist
If you have any questions regarding this contract, or who is authorized to sign it, please contact
your Project Manager at (850) 427-1704 or email me at nadeen.shaheen@em.myflorida.com.
Contract Number H0712
Project Number: 4337-121-A
MODIFICATION TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
CITY OF BOYNTON BEACH
This Modification Number One made and entered into by and between the State of Florida,
Division of Emergency Management("the Division"), and City of Boynton Beach ("the Sub-Recipient")to
modify Contract Number H0712, dated January 27, 2022, ("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$800,752.00, in Federal Funds; and
WHEREAS, the Division and the Sub-Recipient intend to modify the Agreement; and
WHEREAS, the Agreement expired on December 31, 2023; and
WHEREAS, the Division and the Sub-Recipient intend to reinstate and extend the terms and
increase the Federal Funding by$632,972.75 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 January 27, 2022 and shall end December 31, 2025, 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$632,972.75, for the maximum
amount payable under the Agreement to$1,433,724.75, (One Million Four Hundred Thirty Three
Thousand Seven Hundred Twenty Four Dollars and Seventy Five Cents)
4. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as set forth
in 1st 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 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.
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 close-out
report. The ending dates for each quarter of the program year are March 31, June 30,
September 30 and December 31.
8. Attachment L - Florida Accountability Contract Tracking System (FACTS) Requirements for Non-
profit Organizations Under Section 216.1366, Florida Statutes, Instructions and Worksheet is
hereby incorporated into the Agreement and is required to be completed by the subrecipient and
returned the Division.
IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set
out below.
SUB-RE IPIENT: CITY OF BOYNTON BEACH
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STATE OF FLORIDA 11 .'• 192
DIVISION OF EMERGENCY MANAGEMENT 11� •
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By:
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Name and Title: Kevin Guthrie, Director
Date:
Attachment A
(V' Revision)
Budget and Scope of Work
STATEMENT OF PURPOSE:
The purpose of this Scope of Work is to improve drainage in the Lakeside Gardens Neighborhood in
Boynton Beach, Palm Beach County, Florida, funded through the Hazard Mitigation Grant Program
(HMGP) DR-4337-121-A, as approved by the Florida Division of Emergency Management (Division) and
the Federal Emergency Management Agency (FEMA).
The Sub-Recipient, City of Boynton Beach, agrees to administer and complete the project per sealed
engineering designs and construction plans 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 project, the Sub-Recipient proposes to provide an upgraded
drainage system along Dimick Road, Potter Road, and North Lake Drive in Lakeside Gardens
Neighborhood located in Boynton Beach, Florida 33435.
The HMGP Phase II —Construction scope of work proposes an upgraded drainage system that includes
roadway drainage and stormwater piping activities. Pavement and curbing shall be demolished and
removed before the roadways are regraded on Dimick Road, Potter Road, and North Lake Drive.
Proposed grading may constitute elevation and widening activities, but the primary improvements are in
road slope and new curbs and catch basins. All work shall tie back to existing grade. New 24" RCP
stormwater piping and corresponding structures shall be installed along Dimick Road. New 15", 18", 24"
and 36" RCP stormwater piping and corresponding structures shall be installed along Potter Road, as
well as 6" PVC stormwater outfall piping. New 18" RCP stormwater piping and corresponding structures
shall be installed along North Lake Drive. 6" and 8"water line work shall take place on Potter Road and
North Lake Drive to prevent utility conflicts. The drainage system shall tie into the existing infrastructure
and includes the retrofit of the existing North Lake Drive stormwater outfall. An additional outfall location
is proposed at the end of Potter Road, this shall also be 36" RCP and 6" PVC stormwater piping. Both
locations are proposed as the discharge points into the intercostal waterway.
The project shall provide protection against a 100-year event. Activities shall be completed in strict
compliance with Federal, State and Local applicable Rules and Regulations.
Project Locations:
ID# Name/Station Location Coordinates
1) NE Palm Beach County, Boynton Beach, FL 33435 (26.552624, -80.052960)
2) NW Palm Beach County, Boynton Beach, FL 33435 (26.553065, -80.055216)
3) SE Palm Beach County, Boynton Beach, FL 33435 (26.551157, -80.052975)
4) SW Palm Beach County, Boynton Beach, FL 33435 (26.551187, -80.055517)
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.
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 installation to improve the drainage and provide flood
protection.
The project shall be implemented in accordance with sealed engineering designs and construction
plans previously 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 project consists of the general construction and furnishing of all materials, equipment, labor and
fees to minimize recurring flooding and reduce repetitive flood loss to structures and roadways.
The Sub-Recipient shall fully perform the approved project, as described in the submitted documents,
in accordance with the approved scope of work, budget line item, allocation of funds and applicable
terms and conditions indicated herein. The Sub-Recipient shall not deviate from the approved project
terms and conditions.
Construction activities shall be completed by a qualified and licensed Florida contractor. All
construction activities shall be monitored by the professional of record. The Sub-Recipient shall
complete the project in accordance with all required permits. All work shall be completed in accordance
with applicable codes and standards.
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 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 for closeout shall include:
a) Copy of permits(s), notice of commencement.
b) Local Building Official Inspection Report and Final Approval.
c) Signed and Sealed As-built project plans (drawings) by the Professional of Record, electronic
submittal (via email).
d) Letter of Completion:
1. Affirming that the project was completed in conformance with the approved project drawings,
specifications, and scope; and
2. Certifying Compliance with all applicable codes.
e) Letter verifying compliance with the National Historic Preservation Act, to include if archaeological
features or deposits, prehistoric or historic artifacts, or human remains were encountered during
project activities, if so, how they were handled in accordance with Florida Statutes, Section 872.05.
f) Verification of compliance with the United States Army Corps of Engineers (USACE) permit
number SAJ-2019-04552.
g) Verification of compliance with the South Florida Water Management District (SFWMD)
Environmental Resource Permit(ERP)number#50-103510-P. Verification of compliance with the
USACE NMFS JAXBO dated 11/20/2017, General Project Design Criteria (PDC) AP.1-14 and
Activity Specific PDCs A2.1-15.
h) Verification of compliance with the Sea Turtle and Smalltooth Sawfish Construction Conditions and
Standard Manatee Conditions for In-Water Work.
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
separately 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, sealed engineering
designs, and construction 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 an upgraded drainage system along Dimick Road, Potter Road, and
North Lake Drive in the Lakeside Gardens Neighborhood located in Boynton Beach, Florida 33435.
Proposed grading may constitute elevation and widening activities, but the primary improvements are
in road slope and new curbs and catch basins. All work shall tie back to existing grade.
The project shall provide protection against a 100-year event. 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 submit a signed and sealed final copy of the completed project's As-built
drawings and all necessary supporting documentation and provide a summary of all contract scope of
work changes, if any.
3) The Sub-Recipient shall provide a copy of the Notice of Commencement, and any local official
Inspection Report and/or Final Approval, as applicable.
4) The Sub-Recipient shall submit a certified letter of completion from Engineer of Record. The Sub-
Recipient's Engineer of Record shall provide a formal certificate or letter affirming that the project has
been completed in conformance with the approved project drawings, specifications, scope, and
applicable codes.
5) All installations shall be done in strict compliance with the Florida Building Code or any local codes
and ordinances. All materials shall be certified to exceed the wind and impact standards of the current
local codes.
6) 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) 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 Scope of Work that alters the project (including
other work not funded by FEMA, but done substantially at the same time), regardless of the budget
implications, shall require re-submission of the application to FEMA through the Division for National
Environmental Policy Act (NEPA)and National Historic Preservation Act (NHPA) re-evaluation before
starting project work.
3) The Sub-Recipient shall monitor ground disturbing activities during construction, and if any potential
archeological resources are discovered, shall immediately cease construction in that area and notify
the Division and FEMA.
If human remains or intact archaeological features or deposits (e.g., arrowheads, pottery glass, metal,
etc.) are uncovered, work in the vicinity of the discovery shall stop immediately and all reasonable
measures to avoid or minimize harm to the finds shall be taken. The Sub-Recipient shall ensure that
archaeological discoveries are secured in place, that access to the sensitive area is restricted, and that
all reasonable measures are taken to avoid further disturbance of the discoveries.
The Sub-Recipient's contractor shall provide immediate notice of such discoveries to the Sub-
Recipient. The Sub-Recipient shall notify the Florida Division of Historic Resources, the Division's
State Mitigation Environmental Lead and FEMA within 24 hours of the discovery. Work in the vicinity
of the discovery may not resume until FEMA and the Division have completed consultation with SHPO,
Tribes, and other consulting parties as necessary.
In the event that unmarked human remains are encountered during permitted activities, all work shall
stop immediately, and the proper authorities notified in accordance with Florida Statutes, Section
872.05.
4) The Sub-Recipient must comply with the conditions of the South Florida Water Management District
(SFWMD)Environmental Resource Permit(ERP)#50-103510-P. Failure to comply with this condition
may jeopardize FEMA funding; verification of compliance shall be required at project closeout.
5) The Sub-Recipient must comply with the terms and conditions of the United States Army Corps of
Engineers (USACE) Permit No. SAJ-2019-04552 and associated guidance. The Sub-Recipient must
obtain permit modifications as necessary. Failure to comply with these conditions may jeopardize
FEMA funding; verification of compliance shall be required at project closeout.
6) The proposed project must adhere to the USACE NMFS JAXBO dated 11/20/2017, General Project
Design Criteria (PDC) AP.1-14 and Activity Specific PDCs A2.1-15. The Sub-Recipient must also
adhere to the Sea Turtle and Smalltooth Sawfish Construction Conditions and Standard Manatee
Conditions for In-Water Work. Failure to comply with these conditions may jeopardize FEMA funding;
verification of compliance will be required at project closeout.
7) Construction vehicles and equipment used for this project shall be maintained in good working order
to minimize pollutant emissions.
E) Programmatic:
1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of
the budget implications.
2) 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.
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) Project is approved with the condition that the enclosed list of deliverables shall be submitted, 30 days
prior to the Period of Performance date,for review and approval by the Division, for submittal to FEMA
for closeout.
5) Any extension of the Period of Performance 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 the 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.
6) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of
execution.
7) 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.
8) If the Sub-Recipient is not the current title holder of the affected properties, the Sub-Recipient shall
provide documentation confirming the property acquisition and easement rights were obtained
voluntarily. If condemnation or eminent domain is used to obtain easement rights, FEMA shall not pay
for any associated costs or payments to the property owner. Furthermore, FEMA shall not consider it
an eligible contribution to the non-Federal cost share requirement and shall not financially participate
in that component of a project if land or easements are obtained involuntarily.
9) Special Conditions required on implementation of project:
a) NHPA CONDITION: If human remains or intact archaeological features or deposits
(e.g.arrowheads, pottery, glass, metal, etc.) are uncovered, work in the vicinity of the discovery
will stop immediately and all reasonable measures to avoid or minimize harm to the finds will be
taken. The Sub-Recipient will ensure that archaeological discoveries are secured in place, that
access to the sensitive area is restricted, and that all reasonable measures are taken to avoid
further disturbance of the discoveries. The Sub-Recipient's contractor will provide immediate
notice of such discoveries to the Sub-Recipient. The Sub-Recipient's shall contact the Florida
Division of Historic Resources and FEMA within 24 hours of the discovery. Work in the vicinity of
the discovery may not resume until FEMA has completed consultation with SHPO, Tribes, and
other consulting parties as necessary. In the event that unmarked human remains are
encountered during permitted activities, all work shall stop immediately, and the proper authorities
notified in accordance with Florida Statutes, Section 872.05. Source of Condition: National
Historic Preservation Act (NHPA) Monitoring Required: No
b) NHPA CONDITION: Any changes to the approved scope of work will require submission to, and
evaluation and approval by, the State and FEMA, prior to initiation of any work, for compliance
with Section 106. Source of Condition: National Historic Preservation Act (NHPA) Monitoring
Required: No
c) CWA CONDITION: The Sub-Recipient must comply with the terms and conditions of USACE
Permit No. SAJ-2019-04552 (NWP-RHF) and associated guidance. The Sub-Recipient must
obtain permit modifications as necessary. Failure to comply with these conditions may jeopardize
FEMA funding; verification of compliance will be required at project closeout. Source of
Condition: Clean Water Act (CWA) Monitoring Required: No
d) CZMA CONDITION: The Sub-Recipient must comply with the conditions of the SFWMD ERP
(#50-103510-P). Failure to comply with this condition may jeopardize FEMA funding; verification
of compliance will be required at project closeout. Source of Condition: Coastal Zone
Management Act (CZMA) Monitoring Required: No
e) ESA CONDITION: The proposed project must adhere to the attached USACE NMFS JAXBO
dated 11/20/2017, General Project Design Criteria (PDC) AP.1-14 and Activity Specific PDCs
A2.1-15. The Sub-Recipient must also adhere to the attached Sea Turtle and Smalltooth Sawfish
Construction Conditions and Standard Manatee Conditions for In-Water Work. Failure to comply
with these conditions may jeopardize FEMA funding; verification of compliance will be required at
project closeout. Source of Condition: Endangered Species Act(ESA) Monitoring Required:
No
10) 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.
11) 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 number 4337-121-R, and shall be reported under 4337-121-A. 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 July 15, 2021; this Agreement was executed on January 27, 2022, and the
Period of Performance for this project shall end on December 31, 2025.
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
Phase II—
State Contracting: 11 Months
Construction Plan/Technical Specifications: 2 Months
Bidding / Local Procurement: 2 Months
Construction/ Installation: 14 Months
Local Inspections/Compliance: 3 Months
State Final Inspections/Compliance: 11 Months
Closeout Compliance: 10 Months
Total Period of Performance: 53 Months
BUDGET
Line Item Budget*
Phase II Project Cost Federal Cost Non-Federal Cost
Materials: $689,700.00 $517,275.00 $172,425.00
Labor: $1,167,638.00 $875,728.50 $291,909.50
Fees: $8,959.00 $6,719.25 $2,239.75
Initial Agreement Amount: $1,866,297.00 $1,399,722.75 $466,574.25
***Contingency Funds: $93,314.00 $69,985.50 $23,328.50
Project Total: $1,959,611.00 $1,469,708.25 $489,902.75
****SRMC
SRMC: $34,002.00 $34,002.00
SRMC Total: $34,002.00 $34,002.00
*Any line item amount in this Budget may be increased or decreased 10% or less, with the Division's
approval, without an amendment to this Agreement being required, so long as the overall amount of the
funds obligated under this Agreement is not increased.
*** This project has an estimated $93,314.00 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
$34,002.00 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: $1,469,708.25 (75.00%)
Non-Federal Share: $489,902.75 (25.00%)
Total Project Cost: $1,959,611.00 (100.00%)
SRMC (100% Federal) $34,002.00
Attachment L
Florida Accountability Contract Tracking System(FACTS)
Requirements for Non-profit Organizations Under Section 216.1366, Florida Statutes
Instructions and Worksheet
PURPOSE: Section 215.985, Florida Statutes (F.S.), amended in 2023, requires that each contract
for which a state entity makes a payment pursuant to a contract executed, amended, or extended on
or after July 1, 2023, the Division shall post any documents submitted pursuant to s. 216.1366, F.S.,
which indicates the use of state funds as remuneration under the contract or a specified payment
associated with the contract on the contract tracking system.
CONTRACT DOCUMENTATION REQUIREMENTS
Section 216.1366, F.S., amended in 2023, establishes new documentation requirements for any
contract for services executed, amended, or extended on or after July 1, 2023, with non-profit
organizations as defined in s. 215.97 (2)(m). F.S. The contract must require the contractor to provide
documentation that indicates the amount of state funds:
• Allocated to be used during the full term of the contract for remuneration to any member of
the board of directors or an officer of the contractor.
• Allocated under each payment by the public agency to be used for remuneration of any
member of the board of directors or an officer of the contractor. The documentation must
indicate the amounts and recipients of the remuneration.
Such information must be included in the contract tracking system maintained pursuant to s. 215.985
F.S. and must be posted on the contractor's website if the contractor maintains a website.
• As used in this subsection, the term:
o "Officer" means a Chief Executive Officer(CEO), Chief Financial Officer (CFO), Chief Operating
Officer (COO), or any other position performing an equivalent function.
o "Remuneration" means all compensation earned by or awarded to personnel, whether paid or
accrued, regardless of contingency, including bonuses, accrued paid time off, severance payments,
incentive payments, contributions to a retirement plan, or in-kind payments, reimbursements, or
allowances for moving expenses, vehicles and other transportation, telephone services, medical
services, housing, and meals.
o "State funds" means funds paid from the General Revenue Fund or any state trust fund, funds
allocated by the Federal Government and distributed by the state, or funds appropriated by the state
for distribution through any grant program. The term does not include funds used for the state
Medicaid program.
Note: This "Instructions and Worksheet" is meant to explain the requirements of the Section
216.1366, F.S., amended in 2023, and give clarity to the attached form distributed to recipients and
sub-recipients for completion. All pertinent information below should be filled out, signed, and
returned to the project manager.
NON-PROFIT ORGANIZATION REMUNERATION INFORMATION
1. Is your business or organization a non-profit organization as defined ins. 215.97 (2)(m). F.S.?
Yes El No ®
If the answer to Question 1 is "Yes," continue to Question 2. If the answer to Question 1 is
"No", move to the signature block below to complete the certification and submittal process.
2. Will state funds be used as remuneration to any member of the board of directors or an officer in
your business or organization?
Yes ❑ No ❑
If the answer to Question 2 is "Yes," provide the information required in the "Total
Compensation Paid to Non-Profit Personnel Using State Funds" form below. A separate form
should be completed for each member of the board of directors or officer being compensated
using state funds. If the answer to Question 2 is "No", move to the signature block below to
complete the certification and submittal process.
Total Compensation Paid to Non-Profit Personnel Using State Funds
Name:
Title:
Agency Agreement/Contract#
Total Contract Amount
Contract Term:
Line Item Budget Category Total Amount Paid Amount Paid from State Funds
Salaries
Fringe Benefits
Bonuses
Accrued Paid Time Off
Severance Payments
Retirement Contributions
In-Kind Payments
Incentive Payments
Reimbursements/Allowances
Moving Expenses
Transportation Costs
Telephone Services
Medical Services Costs
Housing Costs
Meals
CERTIFICATION: I certify that the amounts listed above are true and accurate and in accordance with the
approved budget.
Name:
Signature:
Title:
Date: