4486-101-R-Executed_Contract_8-17-2023.pdf

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Attached to
City Hall Generator Upgrade State and local contract opportunity
Solicitation number
2024-08
Issued by
Clay County, Harold CDP, Florida

About this file

This is a federally-funded Hazard Mitigation Grant Program (HMGP) subaward agreement between the Florida Division of Emergency Management and the City of Green Cove Springs, with FEMA as the federal funding agency. The project involves purchasing and installing a permanent diesel generator with a capacity of 225 kW for the City Hall Building located at 321 Walnut Street, which will provide backup power and critical utility support during emergencies. The project aims to protect the facility against 500-year flood events by locating the generator outside the Special Flood Hazard Area and with a rated wind enclosure. The agreement period runs from execution through January 31, 2026, with the project involving state contracting, technical specifications development, bidding, permitting, construction, and installation phases totaling 33 months.

The total project is funded at 90% federal share and 10% local match, with $3,490.96 allocated for Sub-Recipient Management Costs (SRMC). The project number is 4486-101-R, and the federal award identification number is FEMA-DR-4486-FL, associated with the Hazard Mitigation Grant Program (CFDA 97.039). The generator will enable the City Hall to maintain operational capabilities during future power outages or storms, with the installation including an Automatic Transfer Switch (ATS) and supporting critical services such as utility customer service, information technology, building department, and city administration functions. The sub-recipient must comply with various federal regulations, procurement standards, and reporting requirements throughout the project's implementation.

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S TA T E O F F L O R I D A

D I V I S I O N O F E M E R G E N C Y M A N A G E M E N T Ron DeSantis Governor

Kevin Guthrie Director

D I V I S I O N H E A D Q U A R T E R S Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER 2 5 5 5 S h u m a r d O a k B o u l e v a r d www.FloridaDisaster.org 2 7 0 2 D i r e c t o r s R ow T a l l a h a s s e e , F L 3 2 3 9 9 - 2 1 0 0 O r la nd o , F L 3 28 0 9 - 56 31

August 17, 2023

Mike Null Assistant City Manager 321 Walnut Street Green Cove Springs, Florida 32043

Re: Project #4486-101-R, City of Green Cove Springs

Dear Mike Null:

Enclosed is the executed Hazard Mitigation Grant Program (HMGP) contract number H1007 between City of Green Cove Springs and the Division of Emergency Management.

Please email all Requests for Reimbursement (Attachment D) to the project manager at Sydney.Croydon@em.myflorida.com. The Project Manager for this contract is:

Sydney Croydon, Project Manager Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399

If you have any specific questions regarding the contract or the Request for Reimbursement form, please contact Sydney Croydon at (850) 328-3650.

Respectfully, Laura Dhuwe Bureau Chief, Mitigation State Hazard Mitigation Officer

Enclosure

Laura Dhuwe Digitally signed by Laura Dhuwe Date: 2023.08.17 12:42:10 -04'00'

Agreement Number: H1007

Project Number: 4486-101-R

FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT

2 C.F.R. §200.1 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract."

As defined by 2 C.F.R. §200.1, "pass-through entity" means "a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program."

As defined by 2 C.F.R. §200.1; "Sub-Recipient" means "an entity, usually but not limited to non

Federal entities that receives a subaward from a pass-through entity to carry out part of a Federal program."

As defined by 2 C.F.R. §200.1, "Federal award" means "Federal financial assistance that a non

Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity."

As defined by 2 C.F.R. §200.1, "subaward" means "an award provided by a pass-through entity to a

Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through entity."

The following information is provided pursuant to 2 C.F.R. §200.332:

Sub-Recipient's name:

Sub-Recipient's unique entity identifier (UEI/FEIN):

Federal Award Identification Number (FAIN):

Federal Award Date:

Subaward Period of Performance Start and End Date:

Amount of Federal Funds Obligated by this Agreement:

Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement:

Total Amount of the Federal Award committed to the Sub-

Recipient by the pass-through entity Federal award project description (see FFATA):

Name of Federal awarding agency:

Name of pass-through entity:

Contact information for the pass-through entity:

Catalog of Federal Domestic Assistance (CFDA) Number and

Name:

Whether the award is R&D:

Indirect cost rate for the Federal award:

City of Green Cove Springs

L851 HJSZL5J5 / 59-6000328

FEMA-DR-4486-FL

April 13, 2023

Upon execution through January 31, 2026

Generator

Federal Emergency Management Agency

FL Division of Emergency Management

Rashida. F rancis@em.myflorida.com

97 .039 Hazard Mitigation Grant Program

N/A

N/A

b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either chapter 216, Florida Statutes, or the Florida Constitution.

c. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the

Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement ("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is

d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)."

e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub-Recipient against a performance measure, outlined in Attachment A, that clearly delineates:

i. The required minimum acceptable level of service to be performed; and,

ii. The criteria for evaluating the successful completion of each deliverable.

f. The performance measure required by section 215.971 (1 )(b), Florida Statutes, remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. §200.1 as

"a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R.

§200.329, that the Division and the Sub-Recipient "relate financial data to performance goals and objectives of the Federal award."

g. If authorized by the Federal Awarding Agency, then the Division will reimburse the

Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation-personal services") and 2 C.F.R. §200.431 ("Compensation-fringe benefits"). If the Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (See 29 U.S.C.

§207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431 (a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub-Recipient-employee agreement, or an established policy of the Sub-Recipient. 2 C.F.R. §200.431 (b) provides that the cost of fringe benefits in

Laura Dhuwe Digitally signed by Laura Dhuwe Date: 2023.08.17 12:41:58 -04'00'

EXHIBIT-1

THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS

AGREEMENT:

Federal Program Federal agency: Federal Emergency Management Agency: Hazard Mitigation Grant Catalog of Federal Domestic Assistance title and number: 97.039 Award amount:

THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES

AWARDED UNDER THIS AGREEMENT:

• 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

• The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities

• Sections 1361 (A) of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended by the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264

• 31 C.F.R. Part 205 Rules and Procedures for Funds Transfers

Federal Program:

1. Sub-Recipient is to use funding to perform the following eligible activities:

• Generators for Critical Facilities

2. Sub-Recipient is subject to all administrative and financial requirements as set forth in this

Agreement, or will be in violation of the terms of the Agreement.

BUDGET

Line Item Budget*

Project Cost Federal Cost

Materials:

Labor:

Fees:

Non-Federal Cost

Initial Agreement Amount:

***Contingenct Funds: $0.00 $0.00 $0.00

Project Total: $

****SRMC

SRMC:

SRMC Total:

*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 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 (FDEMJ. 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 $3,490.96 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 Pro·ect Cost:

SRMC (100% Federal)

(90.00%)

(10.00%)

100.00%

Attachment I

Fed.eral Funding Accountability and Transparency Act

Instructions and Worksheet

PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on federal awards (federal assistance and expenditures) be made available to the public via a single, searchable website, which is http://www.usaspending.gov/.

The FFATA Sub-award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management ("FDEM" or "Division") must use to capture and report sub-award and executive compensation data regarding first-tier sub-awards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5).

Note: This "Instructions and Worksheet" is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below should be filled out, signed, and returned to the project manager.

ORGANIZATION AND PROJECT INFORMATION

The following information must be provided to the FDEM prior to the FDEM's issuance of a sub award (Agreement) that obligates $25,000 or more in federal funds as described above. Please provide the following information and return the signed form to the Division as requested.

PROJECT # : _4.;_4

8�6-....;.1�01-'---'-'R ____________ _

FUNDING AGENCY: Federal Emergency Management Agency

AWARD AMOUNT:

OBLIGATION/ACTION DATE:

SUBAWARD DATE (if applicable):

UEID/SAM#: L851 HJSZL5J5

April 13, 2023

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