CN-310000-H0265-A3.pdf

Contractual Service Agreement #H0645 F C McColm Consulting LLC Fiscal Year 2023/2024 Funding Encumbrance #G71129/Contract #H0645

Description

EO

Code Grant

Number Object Code Category Fund Code Amount 29 Digit Account Code Org Level OCA

Enc.

Line

4283-1-M Federal (Project #4283HM00001) 49 87016 131300 105156 20 2 750001 150,000.00 31202750001317001000010515600 31-80-05-05-000 HMMCZ 19 4337-1-M Federal (Project #4337HM00001) 50 87026 131300 105156 20 2 750001 2,783,332.33 31202750001317001000010515600 31-80-05-05-000 HMMCZ 20 FMA17-021 Federal (Project #2017FM00021) Y1 8800F 139900 100777 20 2 261037 50,000.00 31202261037317001000010077700 31-80-05-02-000 FMATA 21 FMA17-021 State (Project #2017FM00021) Y2 8800S 139900 100777 20 2 191001 16,667.67 31202191001317001000010077700 31-80-05-02-000 FMATA 22 FMA18-022 Federal (Project #2018FM00022) 04 8025F 139900 100777 20 2 261037 0.00 31202261037317001000010077700 31-80-05-02-000 FMATA FMA18-022 State (Project #2018FM00022) 10 8025S 139900 100777 20 2 191001 0.00 31202191001317001000010077700 31-80-05-02-000 FMATA FMA19-017 Federal (Project #2019FM00017) 01 8066F 139900 100777 20 2 261037 0.00 31202261037317001000010077700 31-80-05-02-000 FMATA FMA19-017 State (Project #2019FM00017) 11 8066S 139900 100777 20 2 191001 0.00 31202191001317001000010077700 31-80-05-02-000 FMATA Total Contract Amount 3,000,000.00

AMENDMENT NO. 1 TO

AGREEMENT H0645

This Amendment Number One (1) to the Agreement (this “Amendment”), effective as of July 1, 2023 (the “Amendment Effective Date”), is entered into by and between State of Florida, Division of Emergency Management (“Division”) and FCMC, LLC (“Contractor”).

WHEREAS, Division and Contractor are parties to that certain Agreement, Contract Number: H0645, Agency Reference: DEM-20-21-018 effective July 1, 2023 (the “Agreement”), pursuant to which Contractor provides Division certain products and services, all as expressly provided in the Agreement; and

WHEREAS, The Agreement is set to expire on or about June 30, 2024;

WHEREAS, the parties desire to amend the Agreement as set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and conditions herein set forth, the parties hereto agree as follows:

Amendment to Agreement. Effective as of the Amendment Effective Date, the Agreement is amended as follows:

Extend Contract H0645 for 6 months with new contract end date of December 30, 2024.

Task Orders will be established to separate bureau needs based off program and grant and shall detail the tasks and deliverables that the Contractor is responsible for within the Task Order period.

Hazard Mitigation Support Services as defined by Task Orders shall not exceed a maximum of $3,000,000.00 per fiscal year per DEM-20-21-018.

Vendor will need to register for the Division’s Salesforce platform for submitting invoices and all required documentation in order to receive payment using the following link:

https://fdemportal.com/vendors Vendor will need to submit invoice and all approved time tracking documentation in

DEMES.

Vendor will need to submit Staffing Matrix, Exhibit B, for the upcoming month 30 days in advance for budget tracking to Contract Manager, Task Order Manager, and Fiscal Operation Manager.

Time tracking requirements are being added to standardize contractual service deliverable requirements to justify invoice approval. Required forms are attached, however, Contractor may receive written approval from Contract Manager to submit alternative tracking with invoice submittal.

AUDIT DEFENSE and INDEMNITY CLAUSE

FCMC, LLC books, records, facilities, or any other pertinent material in relation to this Agreement, on a monthly/quarterly basis or upon the request of the FDEM or its authorized representative. FCMC, L.L.C., shall be fully liable for the actions of its agents, employees, partners, assignees, or subcontractors and shall fully indemnify, defend, and hold harmless the FDEM, and their officers, agents, and employees, from suits, actions, damages, and costs, including attorneys’ fees, arising from or relating to any adverse audit proceeding related to or regarding the usage of state management costs, and to the extent of such state management costs or 75% of the cost of the underlying project-related loss and/or de-obligation, whichever is greater, to be caused in whole or in part by the FCMC, L.L.C., its agents, employees, partners, or subcontractors. These indemnity obligations shall not extend to any adverse audit findings directly caused by or related to:

i. FCMC, L.L.C.'s compliance with any express written directive from FDEM, their officers, agents, or employees, or

ii. FCMC, L.L.C.'s verification and approval of any documentation certified by a sub-recipient as true, complete, accurate and consistent with sub-recipient agreements.

I. The Contract Manager is being updated to Laura Dhuwe Mitigation Bureau Chief Laura.Dhuwe@em.myflorida.com 850-879-0872

2. Entire Agreement. Other than as expressly amended herein, all other terms of the Agreement shall remain in full force and effect. This Amendment and the Agreement, including, without limitation, all documents referred to herein and attached hereto, constitute the entire agreement of the parties as to the specific subject matter hereof and supersede all prior representations, understandings, and agreements between the parties with respect to such subject matter. If there is a conflict between or among such documents, first this Amendment, then the Agreement shall control. Any further amendments to the Agreement must be in a writing signed by both parties.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the Amendment Effective Date.

Division of Emergency Management Contractor: FCMC, LLC

By: _____________________________ By: ____________________________

Name: __________________________ Name: _________________________

Title: ____________________________ Title: ___________________________

Date: ___________________________ Date: __________________________

Frank McColm

President

March 18, 2024

Frank McColm Digitally signed by Frank McColm Date: 2024.03.18 15:25:58 -04'00'

Keith E. Pruet

Deputy Executive Director

March 26th, 2024

PUR 1355 (10/23) Page 1 of 1 Rule 60A-1.020, F.A.C.

FOREIGN COUNTRY OF CONCERN ATTESTATION

(PUR 1355)

This form must be completed by an officer or representative of an entity submitting a bid, proposal, or reply to, or entering into, renewing, or extending, a contract with a Governmental Entity which would grant the entity access to an individual’s Personal Identifying Information.

Capitalized terms used herein have the definitions ascribed in Rule 60A-1.020, F.A.C.

Name of entity is not owned by the government of a Foreign Country of Concern, is not organized under the laws of nor has its Principal Place of Business in a Foreign Country of Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity.

Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true.

Printed Name:

Title:

Signature: Date:

Frank McColm

President

March 18, 2024Frank McColm Digitally signed by Frank McColm Date: 2024.03.18 15:26:30 -04'00'

Staff Name Position Title Contact Information Projected Hours for [Month] Rate Total Per Position Description of Duties

1 Principal $ $

Provide guidance and supervision of contracted staff. Ensure all rules, policies and guidelines are adhered to in accordance with State and Federal regulations. Oversee the project management of contracted purchase orders and act as liaison to the State's Program and Contract Managers. Responsible for quality control, performance reporting, providing the Division the status of projects, and coordinating with the State Public Assistance Officer, Deputy Public Assistance Officer, when requested. Examples of approved activities include: Management Review of Work Completed.

1 Senior Consultant 2 Senior Consultant 3 Senior Consultant 4 Senior Consultant 5 Senior Consultant 6 Senior Consultant 1 Consultant 2 Consultant 3 Consultant 4 Consultant 5 Consultant 6 Consultant 1 Junior Consultant 2 Junior Consultant 3 Junior Consultant 4 Junior Consultant 5 Junior Consultant 6 Junior Consultant 7 Junior Consultant 8 Junior Consultant 9 Junior Consultant

10 Junior Consultant 11 Junior Consultant 12 Junior Consultant 1 Program and Administrative Support 2 Program and Administrative Support 3 Program and Administrative Support 4 Program and Administrative Support 5 Program and Administrative Support 6 Program and Administrative Support 7 Program and Administrative Support 8 Program and Administrative Support 9 Program and Administrative Support

0 $Total not to exceed for Invoice Period

Exhibit B: Staffing Matrix Contractor:

For the Week of:

Date Submitted:

Prepare and process grant payments, monitor grant activities, coordinate and communicate with stakeholders, ensure contract and records are maintained, prepare correspondence. Knowledgeable of grants management, able to work with State, Federal and local officials and be customer service oriented. Assists in the advancement and monitoring of Recovery projects, Stafford Act Appeals, financial monitoring and reporting, and recovery logistics. Prepare project documentation and status tracking reports of projects Examples of approved

Prepare and upload documents, tabulate timesheets, provide human resources support, answer phone lines, general administrative duties in the overall support of projects, field operations and management.

Examples of approved activities include:

Accuracy Review; Applicant Communications for One Specific Project; Contract (Subgrant Agreement) Review/Processing; Data C ll ti d Di i ti D t

Provide supervision of Consultants, Junior Consultants and Program and Administrative Support. Provide information to the State's Program and Contract Manager. Establish and maintain quality control. Provide technical support. Monitor and report status f l f d

Review project worksheets for approval, gather documentation from Subgrantees, determine eligibility of Subgrantee's work, assist in project applications, and provide programmatic assistance to subgrantees.

Examples of approved activities include:

k h l d l

Contractor:

For the Week of:

Date Submitted:

Subapplicant's Name Project Title Technical Assistance Provided Date Comments

SUB APPLICANT ASSISTANCE PROVIDED DURING REPORTING PERIOD

Exhibit C: Monthly Activity Log