www.mymanatee.org
Manatee County Government Administrative Center Honorable Patricia M. Glass Chambers, First Floor 9:00 a.m. - September 24, 2019
September 24, 2019 - Regular Meeting
Agenda Item #27


Subject
FEMA Funding Agreement Modification - Hurricane Irma - DR4337

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information
Jan Brewer, Director, Financial Management Department, Ext. 3726



Action Requested
Adoption of Resolution R-19-137 authorizing the Chairman to sign Modification #Z0770-6 to Subgrant Agreement Between the Division of Emergency Management and Manatee County Government No. 4337DRFLP0000001/Z0770 to receive Disaster Relief Funding from the Federal Emergency Management Agency (FEMA) and the State of Florida, Division of Emergency Management.

Enabling/Regulating Authority
Robert T. Stafford Disaster Relief and Emergency Assistance Act, PL 93-288, as amended.

Manatee County Code of Laws

Background Discussion

The initial Federally-Funded Subaward and Grant Agreement No. 4337DRFLP0000001/Z0770 to receive Disaster Relief Funding from the Federal Emergency Management Agency (FEMA) and the State of Florida, Division of Emergency Management was presented to the Board on February 26, 2019, in the amount of $45,585.02, Federal share (75%) and $7,597.50, State share (12.5%) for project #3210 - Manatee Lake Dam - Safety Inspection.

First Revised Attachment A - Modification of FEMA-State Agreement No. 4337DRFLP0000001/Z0770 was presented to the Board on March 26, 2019, in the amount of $14,250.44, Federal share (75%) funding and $2,375.07, State share (12.5%) funding for project #5410 - Cat E Communication Towers and Equipment, for a maximum amount payable under the Agreement to $69,808.03.

Second Revised Attachment A - Modification of FEMA-State Agreement No. 4337DRFLP0000001/Z0770-2 was presented to the Board on March 26, 2019, in the amount of $107,706.77, Federal share (75%) funding and $17,951.13, State share (12.5%) funding for project #5210 - Cat A - Debris Removal Time Period 4 for a maximum amount payable under the Agreement to $195,465.93.

Third Revised Attachment A - Modification of FEMA-State Agreement No. 4337DRFLP0000001/Z0770 was presented to the Board on April 23, 2019, in the amount of $16,706.60, Federal share (75%) funding and $2,784.44, State share (12.5%) funding for project #5182 - Cat G - Manatee County Golf Course and $9,222.98, Federal share (75%) funding and $1,537.16, State share (12.5%) funding for project #5981 - Cat G - Buffalo Creek Golf Course for a maximum amount payable under the Agreement to $225,717.11.

Fourth Revised Attachment A - Modification of FEMA-State Agreement No. 4337DRFLP0000001/Z0770 was presented to the Board on May 7, 2019, and was modified as set forth to increase by $53,024.22, Federal share (75%) funding and by $8,837.37, State share (12.5%) funding for project #5999 - Cat F - County Wide Lift Stations; $2,116,319.25, Federal share (75%) funding and by $352,719.88, State share (12.5%) funding for project #3039 - Cat G - Coquina Beach; $21,584.57, Federal share (75%) funding and by $3,597.43, State share (12.5%) funding for project #6296 - Cat G - County Wide Parks and Recreation Facilities; $4,069,642.20, Federal share (92%) funding and by $176,940.97, State share (4%) funding for project #3452 - Cat A – Debris Removal Time Period 2; and $5,878,658.12, Federal share (82%) funding and by $645,218.58, State share (9%) funding for project #4424 - Cat A - Debris Removal Time Period 3 for a maximum amount payable under the Agreement to $13,552,259.70.

Fifth Revised Attachment A - Modification of FEMA-State Agreement No. 4337DRFLP0000001/Z0770 was presented to the Board on June 18, 2019, and was modified as set forth to increase by $140,115.59, Federal share (77%) funding and by $20,926.36, State share (11.5%) funding for project #4645 - Cat A – Debris Removal Time Period 1 for a maximum amount payable under the Agreement to $13,713,301.65.

New Modification
In an effort to improve efficiency while keeping in compliance with State and Federal regulations, Modification #Z0770-6 to Subgrant Agreement Between the Division of Emergency Management and Manatee County Government is being presented to the Board with this agenda and is modified as follows:

  1. This Modification shall be the final amendment to the Original Agreement executed by the Sub-Recipient and the Division.
  2. All subsequent project worksheets and project worksheet versions shall be incorporated into the Original Agreement upon obligation.
  3. The Scope of Work, Attachment A to the Original Agreement, will continue to be updated to reflect Federal funding obligated and will continue to be incorporated herein by reference.
  4. All previous provisions of the Original Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby amended to conform with this Modification, effective as of the date of the last execution of this Modification by both parties.
  5. Section (C)(6), Modifications, of the Original Agreement, shall be amended to only read as, “Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement.”
  6. 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.

The purpose of the Modification to the Agreement is to provide a basis for financial reimbursement to Manatee County for damages incurred as a result of Hurricane Irma.

Federal reimbursement from FEMA for most projects is seventy-five percent (75%) and the State and County share is the remaining twenty-five percent (25%) of eligible costs. Chapter 97-152, Laws of Florida, in specific appropriation 1114A, provides that Federal disaster assistance matching requirements shall be equally shared between the State and its subgrantees. The FEMA-State Agreement executed September 11, 2017, between the State of Florida and the Federal Emergency Management Agency (FEMA) governing the use of such funds requires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share the costs, as appropriated, with its Subgrantees/Subrecipients.

Manatee County has received documentation that the Governor of Florida has requested FEMA to increase their cost share to 90% which in turn decreases the State of Florida and Manatee County shares to 5% and 5% respectively.

Please see Attachment A for a complete breakdown of financial information.

With the approval of this agreement, the Modification to the initial agreement from FEMA will be established.

All projects for this event are 100% complete, with the exception of the County Beach erosion project.



County Attorney Review
Not Reviewed (No apparent legal issues)

Explanation of Other


Reviewing Attorney
N/A

Instructions to Board Records
Please return original of Modification #Z0770-6 to Subgrant Agreement Between the Division of Emergency Management and Manatee County Government to Candice Cruz: Candice.Cruz@MyManatee.org, Financial Management Department, for mailing to State of Florida for signatures. One original with signatures will be sent to Board Records upon return receipt from the State of Florida.

Original Resolution R-19-137 to Board Records with copy to Candice Cruz: Candice.Cruz@MyManatee.org.


Cost and Funds Source Account Number and Name
Various Funding in Section 0008130

Amount and Frequency of Recurring Costs
N/A


Attachment:  DR-4337 Funding Agreement Manatee County Government Z0770-6.pdf
Attachment:  R-19-137 BCC Resolution for Hurricane Irma 09.24.19.pdf
Attachment:  Attachment A - Hurricane Irma.pdf