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  County Administrator's Report     12. 2.    
BCC Regular Meeting Budget & Finance Consent  
Meeting Date: 06/16/2016  
Issue:    Concerning the United States Department of Homeland Security (USDHS), Federal Emergency Management Agency (FEMA), Hazard Mitigation Grant Program
From: Joy D. Blackmon, P.E.
Department: Public Works  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning the United States Department of Homeland Security, Federal Emergency Management Agency, Hazard Mitigation Grant Program - Joy D. Blackmon, P.E., Public Works Department Director

That the Board take the following action concerning the United States Department of Homeland Security (USDHS), Federal Emergency Management Agency (FEMA), Hazard Mitigation Grant Program (HMGP) for the Bristol Creek/Bristol Park/Ashbury Hills Area, Lake Charlene Warrington Drainage Area Project, and the Beach Haven Northeast Phase 1, Drainage and Sanitary Sewer Project (Global Match):

A. Approve the Federally Funded Subgrant Agreement, Project Number 4177-08-R, between the State of Florida, Division of Emergency Management and Escambia County Board of County Commissioners for the Bristol Creek/Bristol Park/Ashbury Hills Area, providing for 100% Federal funding with Local Global Match approval, awarded at $6,189,379;  

B. Approve the Federally Funded Subgrant Agreement, Project Number 4177-19-R, between the State of Florida, Division of Emergency Management and Escambia County Board of County Commissioners for the Lake Charlene Warrington Drainage Area, providing for 100% Federal funding with Local Global Match approval, awarded at $314,274; 

C. Approve the Non-Financial Subgrant Agreement, Project Number 4177-09-R, between the State of Florida, Division of Emergency Management and Escambia County Board of County Commissioners for the Local Global Match applied to projects 4177-08-R and 4177-19-R, for the Beach Haven Northeast Phase 1 Drainage and Sanitary Sewer Project, as the fully qualified and eligible project for Local Global Match;  

D. Ratify the December 11, 2014, and February 19, 2015, Board approval authorizing the County Administrator to execute any subsequent Agreements and Program-related documents for these projects, specifically the Local Global Match Application, as referenced in the February 19, 2015, Board minutes, and specifically authorizing execution of the application to leverage Funds for Local Global Match for these projects; 

E. Authorize the Chairman to sign the Subgrant Agreements and any subsequent grant-related documents; 

F. Authorize the Chairman to execute, subject to Legal review and sign-off, any subsequent Agreements and Program-related documents for these projects; and

G. Accept, subject to Legal review and sign-off, any Agreements, Easements, Hold Harmless Agreements, and other documents of conveyance as may be required from property owners of Escambia County whose properties are part of the project scopes.

 
The County Attorney's Office has requested that the Board be made aware of the following language within the Agreement:

Section (19) Mandated Conditions, subsection (b), that "This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County."
BACKGROUND:
The April 2014 storms produced floodwaters throughout Escambia County. Swollen streams caused excessive flooding and erosion that damaged many roadways, dams, culverts, and bridges. The April 2014 storm declaration resulted in disaster funds available through the HMGP program. The work associated with these grants will assist with funding to mitigate flooding of waterways, associated roadways, and properties. These projects will improve stormwater management systems in the associated drainage areas and prevent future flood damage of the similar magnitude as was experienced in the April 2014, June 2012, April 2005, September 1998, and other similar severe storm events.
 
Bristol Creek/Bristol Park/Ashbury Hills Area:
The Eleven Mile Creek flooded outside of the banks as a result of the storm event of April 29-30, 2014, resulting in significant negative impacts to public and private infrastructure, including approximately 160 homes in the area. This area is located along and within the FEMA special flood hazard zone of Eleven Mile Creek, and homes have flooded during previous severe storm events since development in 1988. Several of the owners of residential property adjoining the creek reported flooding up to eight feet deep inside their homes.
 
Meeting in regular session on February 19, 2015, the Board approved application submittal of the Bristol Creek/Bristol Park/Ashbury Hills Area project for HMGP funding consideration. The consultant, Hatch-Mott MacDonald, selected through an abbreviated selection process, was tasked with preparing a grant application to secure HMGP grant funds and a Property Acquisition Plan. Hatch-Mott MacDonald utilized existing county records, conceptual drainage alternatives presented in the Eleven Mile Creek Master Plan Basin Study prepared by Hatch-Mott MacDonald in 1994, the updated Basin Study in 1999 after Hurricane George, and the most recently updated Basin Study information in 2008 to provide an eligible grant application.
 
The overall Bristol Creek/Bristol Park/Ashbury Hills Area project is a Flood Plain Management, Wetland Restoration, and Regional Pond Project in the Eleven Mile Creek Basin, based upon the Eleven Mile Creek Master Drainage Plan. An educational and public input workshop is also planned.
 
Lake Charlene Warrington Drainage Area:
The Lake Charlene Area of the Warrington Basin Study, PD 13-14.081, was awarded to HDR Engineering, Inc. by the Board of County Commissioners, on November 6, 2014. HDR completed the study, developed the subject grant application, and submitted the application on March 6, 2015. 
 
Meeting in regular session on December 11, 2014, the Board approved submittal of this project for HMGP funding consideration. This HMGP grant agreement provides for reimbursement funding of $314,274.00 for Phase 1, the design phase of the project. After design, easement acquisition, environmental permitting, and bid packages are complete and delivered to FDEM-FEMA for review, Phase 2 construction will be funded by agreement amendment.
 
HDR’s task order included a study and grant application for this proposed mitigation project, with the goal to modify existing stormwater facilities and infrastructure to increase efficiency and capacity, to add capacity, and/or to improve conveyance within the drainage area. The primary drainage analysis focused on flooding solutions around the properties, roadways, and infrastructure adjoining and within the vicinity of Lake Charlene and Bridle Trail Estates pond, including but not limited to Lake Charlene Terrace, Lake Charlene Drive, Lake Charlene Lane, Clydesdale Drive, 61st Avenue, Arabian Drive, Arabian Circle, Bunker Hill Drive, Bunker Hill Circle, Kitty Hawk Circle, Kitty Hawk Drive, Lake Joanne Drive, Long Lake Drive, and surrounding roadways. Solutions reviewed in previous studies and/or developed in this study were included in the grant application, and were submitted for the County Administrator's signature, as was approved by the Board on December 11, 2014.

Phase 1 proposes to provide designs and calculations for Phase 2 review, including verification that there will not be any upstream or downstream impacts.
 
Phase 2 proposes to construct approximately 1,635 feet of double 60 inch concrete pipe from the channel intersecting Lake Joanne Drive, east to 61st Avenue, and south on 61st Avenue to the existing drainage system confluence. From the confluence, 813 feet of 66 inch pipe will be added parallel to the existing 66 inch pipe. Where the existing 66 inch pipe reduces to 60 inch pipe, an additional 60 inch pipe will be added parallel to the existing pipe for a distance of 110 feet to the final outfall located south of US 98.
 
The project will resolve a repetitive problem that has occurred since the 1970s, affecting 238 homes and generating a loss of function for up to 48 hours during each event. All activities will be executed in compliance with any applicable codes and regulations. The completed project shall provide protection against a 50-year storm event.

Beach Haven Northeast Phase 1 Drainage and Sanitary Sewer Project Global Match Project Info:
Meeting in regular session on July 12, 2012, the Board of County Commissioners awarded the Beach Haven Northeast Drainage & Sanitary Sewer Project contract to Jehle-Halstead, Inc. This project includes an Inter-local Cost Sharing Agreement with Emerald Coast Utility Authority (ECUA) to fund the sanitary sewer portion of the design. Beach Haven Northeast Drainage & Sanitary Sewer Project Design for Phase 1 is complete.

For this Hazard Mitigation Grant Program project, the County proposes to improve the drainage along Jones Swamp located in Pensacola, Florida. The project area includes all streets bounded by Gulf Beach Highway on the south to Jones Swamp on the north, Decatur Avenue on the west and Mills Avenue on the east, excluding a portion of Bartow Avenue north of Eliasburg Street. The scope of work includes enhancements to the existing drainage system, replacement of unsafe deep roadside ditches, prevention of roadway and adjacent lot flooding by grading the roads to the appropriate elevations so that they will sit lower than the adjacent properties, prevention of roadside shoulder ponding, prevention of flooding, and providing sanitary sewer services as directed by Emerald Coast Utilities Authority with elimination of septic tanks and associated drain fields. Sanitary sewer services will be provided to all lots within the project area. A majority of the parcels in the project area can be served by providing a gravity sewer main connection to an existing 21" gravity sewer main located along the north boundary of the project area up to the north end of Decatur Avenue. The roads will be paved so that they are 20 feet wide, all driveways that had been removed will be replaced, and all remaining disturbed areas will be sodded. The stormwater will be directed north towards the wet retention ponds where the stormwater will be treated and attenuated before entering the adjacent wetlands of Jones Swamp. The project shall provide protection against a 25-year storm event.
 
During the course of this Agreement, the County will submit documentation to support the match costs related to this project. Complete source documentation will be submitted to support all costs (Global Match - Local share) related to the project. The County will submit an Affidavit signed by the grant contact with each Summary of Costs, attesting to the completion of the work, disbursements or payments made in accordance with all agreement and regulatory conditions, and that the summary has not been previously requested. Other requirements of the grant will be managed by staff.
 
This program normally reimburses 75% of the actual costs in eligible design, construction, and property acquisition costs. The County’s local obligation for the Lake Charlene Warrington Drainage Area and the Bristol Creek/Bristol Park/Ashbury Hills Area projects is $0, with local global match approval.

 
The request for the Board to Ratify the December 11, 2014, and February 19, 2015, board approvals authorizing the County Administrator to execute any subsequent Agreements and program-related documents for these projects is included with this recommendation, since the original Board minutes referenced Global Match funding and other associated agreements, but did not specifically reference Beach Haven Northeast Drainage & Sanitary Sewer Project Local Global Match application. The Local Global Match application, as was referenced in the February 19, 2015 Board minutes, stated local match will be leveraged utilizing the National Fish and Wildlife Foundation (NFWF) funds for Bayou Chico Restoration; the Beach Haven Northeast Drainage & Sanitary Sewer Project is a part of this project. The County Attorney's office advised the Board minutes should be ratified for clarity, specifically authorizing execution of the application to leverage funds for Local Global Match for these projects.
BUDGETARY IMPACT:
Funding for Bristol Park and Lake Charlene were available in Fund 352, LOST III.  However, with Local Global Match approval, federal funding is available for 100% reimbursement. Beach Haven is already funded through National Fish and Wildlife Foundation, a 319 Grant from FDEP, Fund 352 LOST III, and a pending cost-sharing agreement with ECUA.    
LEGAL CONSIDERATIONS/SIGN-OFF:
The County Attorney's Office has reviewed the agreements and signed-off for legal sufficiency, and has requested that the Board be made aware of the Agreement language in Section (19) Mandated Conditions, subsection (b), that "This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County."
PERSONNEL:
Public Works Department, Engineering Division staff will manage this grant.
POLICY/REQUIREMENT FOR BOARD ACTION:
Board policy Section 11.A requires Board approval of grants.
IMPLEMENTATION/COORDINATION:
Public Works Department, Engineering Division staff will also administer the grant, as
required by the contract agreement.

Attachments
FEMA HMGP Acquisition Process
Global Match definition
BCC Action 07.12.2012
12.112014 HMGP Applications
02.19.2015 HMGP Application
HMGP Bristol Park Award
HMGP Pre-Award Beach Haven
HMGP Lake Charlene Award
Lake Charlene Aerial Map
Bristol Creek Map

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