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  County Administrator's Report     10. 13.    
BCC Regular Meeting Budget & Finance Consent  
Meeting Date: 05/16/2019  
Issue:    Modification to Federally-Funded Subaward and Grant Agreement #19HM-H4-01-27-01-201, Project #4177-19-A, Lake Charlene Drainage Project
From: Joy Jones
Department: Engineering  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning Modification to Federally-Funded Subaward and Grant Agreement #19HM-H4-01-27-01-201, Project #4177-19-A, from the Florida Division of Emergency Management, for the Construction of Lake Charlene Drainage Improvements Project - Joy Jones, P.E., Engineering Department Director

That the Board take the following action concerning Modification to Federally-Funded Subaward and Grant Agreement #19HM-H4-01-27-01-201, Project #4177-19-A, from the Florida Division of Emergency Management (FDEM), for the construction of Lake Charlene Drainage Improvements Project:
 
A. Approve and authorize the Chairman to execute Modification Number One of Federally-Funded Subaward and Grant Agreement #19HM-H4-01-27-01-201, Project #4177-19-A, for the construction of Lake Charlene Drainage Improvements Project, increasing the Grant amount to $2,162,366.35; and

B. Authorize the Chairman to execute, subject to Legal review and sign-off, any subsequent Agreements and program-related documents for this project that do not alter the finite terms of funding amounts or budgets. 
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The County Attorney's Office has requested that the Board be made aware of the following language within the Agreement: Section (22) 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."

[Funding source:  Current grant funds are available in Fund 352, LOST III (HMGP Grant), Cost Center 210121, Object Code 56301, Project #16EN3602]
  
This project is located in Commission District 2.
BACKGROUND:
Meeting in regular session on November 6, 2014, the Board of County Commissioners (BOCC/the Board) awarded the Lake Charlene Area of the Warrington Basin Study Project, PD 13-14.081, to HDR Engineering, Inc. At their regularly-scheduled meeting on December 11, 2014, the Board approved submittal of this project for Hazard Mitigation Grant Program (HMGP) funding consideration. Florida Division of Emergency Management (FDEM) awarded the design phase grant and, meeting in regular session, the BOCC approved the Grant Agreement on June 16, 2016. That HMGP Grant Agreement provided for reimbursement of $314,274.00 for Phase 1 design. At their regularly-scheduled meeting on August 4, 2016, the Board approved a design scope change order with HDR to complete design plans specified in the grant. Design deliverables were submitted to FDEM, and FDEM awarded Phase 2 construction funding Grant Agreement #19HM-H4-01-27-01-201 for $2,101,252.00, which was approved by the Board at their regularly-scheduled meeting on October 4, 2018.

Modification Number one of the Phase 2 construction Grant Agreement increases the grant amount by $61,114.35 to a total of $2,162,366.35, to provide for reimbursement of some additional design services referenced as Pre-award Costs totaling $17,421.84, and increasing project management costs to $52,385.51. This grant increase will be transferred from the remaining design balance under the previous Phase 1 Grant Agreement for design.  
 
The project will reduce repetitive flooding that has occurred since the 1970s, affecting 266 homes. All project activities will be executed in compliance with applicable codes and regulations. The completed project shall provide protection against a 50-year storm event per grant requirements, protect 75 structures from flooding, and reduce flood frequency of 266 properties during a 100-year storm event. This project will improve stormwater management systems in the associated drainage area and reduce future flood damage as experienced in April 2014, June 2012, April 2005, September 1998, and storm events.

Phase 2 construction includes drainage improvements and adding approximately 1,635 feet of double 60-inch concrete pipe to 61st Avenue, 813 feet of 66-inch pipe, and 110 feet of 60-inch pipe from Lake Charlene to the south side of US Highway 98.
 
This Grant Agreement Modification provides 100% federal funds for Phase 2 construction. Funding match was leverage as a global match under the Beach Haven Northeast Phase 1 project. This Grant Agreement will reimburse Escambia County $2,162,366.35, as specified in the Grant Agreement Modification. The agreement period of performance currently extends through March 31, 2020; once this Modification is approved, FDEM indicated we could submit another Grant Modification to extend the grant to cover delays associated with acquiring a drainage easement from the Lake Charlene Home Owners Association. 
BUDGETARY IMPACT:
Current grant funds are available in Fund 352, LOST III (HMGP Grant), Cost Center 210121, Object Code 56301, Project #16EN3602.
LEGAL CONSIDERATIONS/SIGN-OFF:
The County Attorney’s Office has reviewed the agreement and signed off for legal sufficiency, and has requested that the Board be made aware of the agreement language in Section 22, 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 the agreement shall be in the Circuit Court of Leon County.”  
PERSONNEL:
Engineering Department staff will manage this grant. Legal staff will also be necessary to acquire the drainage easement from the Lake Charlene Home Owners Association for the project to proceed to construction.
POLICY/REQUIREMENT FOR BOARD ACTION:
Board policy Section 11.A requires Board approval of grants.
IMPLEMENTATION/COORDINATION:
Engineering Department staff will manage this grant. Legal staff will also be necessary to acquire the drainage easement from the Lake Charlene Home Owners Association for the project to proceed to construction.

Attachments
Modification to Subgrant Agreement
bcc minutes 11-6-14
bcc minutes 12-11-14
bcc minutes 6-16-16
bcc minutes 8-4-16
bcc minutes 10-4-18

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