Subject:
Title
Allocation of American Rescue Plan Act (ARPA), Second Tranche funding to partially fund construction of the new Brevard County Emergency Operations Center (EOC).
End
Fiscal Impact:
Allocation not to exceed $12.2 million
Dept/Office:
Public Safety Group: Emergency Management
Requested Action:
Recommendation
Request the Board of County Commissioners authorize the use of American Rescue Plan Act (ARPA) second tranche resources to fund unexpected construction costs of a new Brevard County Emergency Operations Center and approve funding the difference between initial estimates and final agreed upon costs; authorize the County Manager to approve any necessary Budget Change Requests.
End
Summary Explanation and Background:
BACKGROUND:
The Brevard County EOC is the most frequently activated EOC in the state of Florida, and one of the most frequently activated in the United States, due to the number of space launches and launch attempts. While Brevard has storm surge, flooding, and wildfire threats that most counties in Florida face, it is also home to the second¬ busiest cruise port in the world, multiple military facilities, and a robust defense¬ industrial base. Brevard is also susceptible to a nuclear power plant incident, as the County is within the 50-mile ingestion pathway for the St. Lucie Nuclear Power Plant. The current EOC is over 55 years old, undersized, and carries a variety of facility and technology issues. The new EOC will be located at 1751 Huntington Lane, which is owned by Brevard Public Schools and leased to Brevard County for 99 years at $1 per year, as approved by the Board of County Commissioners. When an EOC activation occurs, it houses over 200 people from cross-functional teams including: County staff, Brevard County Sheriff’s Office (BCSO), Florida Health Department, municipal representatives, Federal partners (NASA, Department of Defense, Coast Guard), Brevard County Schools, National Weather Service, State of Florida Emergency Management, and several private partners to include communications and energy providers.
EOC FUNDING SUMMARY:
Over the past several years, with the support of state and local partners, funding for the design, sitework and construction of the new EOC has been allocated through multiple grants, public safety funds, and general funds as outlined in the table below:
|
EOC Funding |
AMOUNT |
|
Grant Funding - |
|
|
State of Florida for architectural engineering/design (2017) |
$1,500,000 |
|
State of Florida for initial site work. (2018) |
$1,000,000 |
|
Defense Infrastructure funding to the Economic Development Commission (EDC) of Florida’s Space Coast by the Florida Department of Economic Opportunity (DEO) for initial site work. (2018) |
$500,000 |
|
State of Florida for initial site work. (2019) |
$513,500 |
|
Defense Infrastructure funding to the EDC by Florida DEO for demolition of the old Health Department. (2019) |
$366,667 |
|
City of Rockledge for site demolition (2019) |
$59,000 |
|
State of Florida - Apply to Future Construction (2020) |
$1,000,000 |
|
Defense Infrastructure Funding to the EDC by Florida DEO for Future Construction (2020) |
$200,000 |
|
State of Florida - Apply to Future Construction (2021) |
$1,000,000 |
|
Total Grant Funding: |
$6,139,177 |
|
|
|
|
Public Safety and General Funds - |
|
|
Public Safety Fund Balance Allocated to EOC (BoCC Approval 3/9/2021) |
$6,753,668 |
|
Sheriff’s Office Public Safety Fund Reimbursement EOC Allocation (BoCC Approval 3/9/2021) |
$2,000,000 |
|
District 2 Commissioner Allocation Fund (BoCC Approval 12/22/2020) |
$500,000 |
|
Remaining Public Safety Funds (FY 21-22 Adopted Budget) |
$3,631,820 |
|
General Fund Capital Reserve Allocation (FY 21-22 Adopted Budget) |
$4,436,295 |
|
Total Public Safety and General Funds |
$17,321,783 |
|
Total Funds Allocated to EOC: |
$23,460,960 |
|
|
|
|
Expenditures |
|
|
Expenditures and Remaining Encumbrances - |
|
|
Design, Sitework, and Demolition Expenditures Completed to Date (Paid for by Grant Funding) |
$3,949,841 |
|
Remaining Encumbrance for Construction Administration |
$405,000 |
|
Project Contingency |
$725,000 |
|
Set-aside for Information Technology Costs (FY 21-22 Adopted Budget) |
$1,529,794 |
|
Total Expenditures and Remaining Encumbrances: |
$6,609,635 |
|
|
|
|
“Remaining Funds Available for EOC Construction:” |
$16,851,325 |
CONTRACT AWARD REVIEW:
The selected contractor was awarded in accordance with the Florida “Consultants’ Competitive Negotiations Act” (CCNA), Section 287.055, Florida Statutes, and Brevard County Policy BCC-26. The selected contractor was evaluated on professional services, including capabilities, adequacy of personnel, past record, and experience. The top three proposals were ranked. Upon receiving the initial guaranteed maximum price from the top ranked firm, total costs exceeded current available construction funds. Additionally, the current proposal completes construction in 56 weeks and 4 weeks for close out. If funds are approved, construction could start in the near term making the facility available during the 2023 hurricane season.
AMERICAN RESCUE PLAN ACT (ARPA):
Brevard County is anticipated to receive the second tranche of Coronavirus State and Local Fiscal Recovery Funds (SLFRF) under the American Rescue Plan Act (ARPA) in the amount of $58,460,088. On January 6, 2022, the U.S. Department of the Treasury adopted the final rule implementing the SLFRF program under the American Rescue Plan. Under the final rule, improvements to or construction of emergency operations centers is included as a qualified capital expense. With inflation and rising construction costs, it is recommended that up to $12.2 million be set-aside to offset the anticipated increase associated with the construction of the new EOC.
BOARD OPTIONS:
1. Assuming satisfactory negotiations with the top-ranked Construction Management firm (CM), authorize allocation of not to exceed $12.2 million of ARPA second tranche funding, the difference between available funds and new contracted costs.
2. If final negotiations with the top-ranked CM fail to reach a satisfactory conclusion, authorize the County Manager to reject the top-ranked firm and enter negotiations with the second ranked CM firm during the selection process.
3. If the second selected CM also fails to successfully negotiate to an acceptable cost, authorize the County Manager to reject the second selected CM and negotiate with the third selected CM.
4. Rework facility requirements to include architectural engineering and design.
a. Loss of $1.5M in sunk costs with current funded design.
b. Loss of time to be operational by 2024 hurricane season based on current proposed construction timeline.
5. Other Board direction.
Clerk to the Board Instructions:
None