Contract 2024-027A2024-027A
DIVISION OF E
Ron DeSantis
Governor
Rick Casler
Assistant Chief Administration
439 West Highway 50
Clermont, Florida 34711
STATE OF FLORIDA
MERGENCY
March 18, 2024
Re: Project #4486-043-R, City of Clermont
Dear Rick Casler:
MANAGEMENT
Kevin Guthrie
Director
Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract modification
number one (#1) (Contract #H0917) between City of Clermont and the Division of
Emergency Management.
Please email all Requests for Reimbursement (Attachment D) to the project manager at
Gabrielle. Edmundson(a)em.mvflorida.com. The Project Manager for this contract is:
Gabrielle Edmundson, Project Manager
Florida Division of Emergency Management
2555 Shumard Oak Blvd,
Tallahassee, Florida 32399
If you have any specific questions regarding the contract or the Request for
Reimbursement form, please contact Gabrielle Edmundson at (850) 347-2437.
Respectfully,
Digitally signed by Laura
� ^ Dhuwe
Laura a D h u we Date: 2024.03.25 22:26:48
-04'00'
Laura Dhuwe
Bureau Chief, Mitigation
State Hazard Mitigation Officer
Enclosure
D IVI S I ON H E A D Q U ARTE R S Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.oro 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
Contract Number: H0917
Project Number: 4486-043-R
MODIFICATION TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND
CITY OF CLERMONT
This Modification Number One is made and entered into by and between the State of Florida,
Division of Emergency Management ("the Division"), and City of Clermont, ("the Sub -Recipient") to modify
Contract Number: H0917, dated March 16, 2023 ("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 $193,500.00, in Federal Funds; and
WHEREAS, the Division and the Sub -Recipient intend to modify the Agreement; and
WHEREAS, the Division and the Sub -Recipient intend to modify the Budget and Scope of Work
by increasing the Federal funding by $42,439.50 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 amended to increase the Federal Funding by $42,439.50, for the maximum
amount payable under the Agreement to $235,939.50, (Two Hundred Thirty -Five Thousand Nine
Hundred Thirty -Nine Dollars and Fifty Cents).
2. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as set forth
in 1s' Revised 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
IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set
out below.
SUB -RECIPIENT: CITY OF CLERMONT
By:
Name and Title:
Date: �,�1R�►�Il,�
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Digitally signed by Laura Dhuwe
By:
Laura D it U W e Date: 2024.03.25 22:26:14-04'00'
Name and Title: Kevin Guthrie Director
Date: 25-MAR-2024
Attachment A
(1st Revision)
Budget and Scope of Work
STATEMENT OF PURPOSE:
The purpose of this Scope of Work is to provide protection to Fire Station 101/ Fire Administration facility,
in Clermont, Lake County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR-4486-
043-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
system to reduce and/or mitigate the damage that might otherwise occur from severe weather or other
hazards.
The Sub -Recipient, City of Clermont, 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
the Fire Station 101/ Fire Administration facility, located at 439 West Highway 50, Clermont, Florida 34711.
Coordinates: (28.55071,-81.76247).
The HMGP project shall provide protection by installing a 180 kW permanent diesel fueled generator, or
the adequate size determined by the vendor and an electrical engineer during the bid process to
appropriately support the critical facility. Scope of work activities also include the installation of an
automatic transfer switch (ATS), electrical connections and the construction of a new concrete pad to
appropriately install the permanent generator. Currently, there is an existing old nonfunctional generator
installed leaving this critical facility exposed to periods of interrupted electrical service due to power
outages. The project shall allow the city to maintain operational the Fire Station 101/Fire Administration
facility allowing to provide critical emergency services during future storm events.
The generator(s) shall be protected against a 500-year 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.
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 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) 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.
i All Product Specifications / Data Sheet(s) (technical standards) satisfying protection requirements
on all products utilized.
g) Verification letter or documentation showing unusable equipment, debris, materials, petroleum
products, hazardous materials, and toxic wastes were handled, managed, and disposed of in
accordance with local, state, and federal requirements, to include where such materials and
equipment were disposed of.
h) 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.
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 Fire Station 101/ Fire Administration facility,
Clermont, Florida 34711, by installing a 180 kW permanent diesel fueled generator, or the adequate
size determined by the vendor and an electrical engineer during the bid process, including an Automatic
Transfer Switch (ATS) and new concrete pad, to appropriately support the critical facility.
The generator(s) shall be protected against a 500-year 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) Enqineerinq:
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 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, 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
focal 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) 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,
the Sub -Recipient shall handle, manage, and dispose of petroleum products, hazardous materials and
toxic waste in accordance with 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.
5) Construction vehicles and equipment used for this project shall be maintained in good working order
to minimize pollutant emissions.
E) Proa rammatic:
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 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
documentation 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 implementation of project:
a) Executive Order 11988-Floodplains: Generator is supporting a critical action and must be
protected to the 500-year (0.2% annual chance) flood elevation. Sub -Recipient must submit
documentation to the Division documenting which protection option was selected. Source of
condition: National Historic Preservation Act (NHPA) 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, the Sub -Recipient shall handle, manage, and dispose of
petroleum products, hazardous materials and toxic waste in accordance with 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 will be required at project
closeout. Source of condition: Resource Conservation and Recovery Act, aka Solid Waste
Disposal Act (RCRA) 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.
This is FEMA project number4486-043-R. It is funded under HMGP, FEMA-4486-DR-FL and must adhere
to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement
for Disaster 4486.
FEMA awarded this project on October 25, 2022; this Agreement was executed on March 16, 2023; and
the Period of Performance for this project shall end on August 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
State Contracting:
3
Months
Construction Plan/Technical Specifications:
3
Months
Bidding / Local Procurement:
3
Months
Permitting:
4
Months
Construction / Installation:
12
Months
Local Inspections / Compliance:
3
Months
State Final Inspection / Compliance:
3
Months
Closeout Compliance:
3
Months
Total Period of Performance:
34
Months
BUDGET
Line Item Budget*
Materials:
Labor:
Fees:
Initial Agreement Amount:
***Contingencv Funds:
Proiect Total:
Project Cost Federal Cost Non -Federal Cost
$101,595.00 $91,435.50 $10,159.50
$160,560.00 $144,504.00 $16,056.00
$0.00 $0.00 $0.00
$262,155.00 $235,939.60 $26,215.50
$13,107.00 $11,796.30 $1,310.70
$275,262.00 $247,735.80 $27,526.20
*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 $13,107.00 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
Funding Summary Totals
Federal Share: $247,735.80 (90.00%)
Non -Federal Share: $27,526.20 10.00%f
Total Project Cost: $275,262.00 (100.00%)