Agenda 04/26/2011 Item #16C3
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4/26/2011 Item 16.C.3.
EXECUTIVE SUMMARY
Recommendation to approve a Hazard Mitigation Grant Program contract, agreement number
llHM-3E-09-21-01-026, with the State of Florida, Division of Emergency Management, in the
amount of $240,000, to apply towards the costs associated with the installation of 1,430 linear feet
of six-inch High Density Polyethylene leachate pipe at the Collier County LandfIll; and, to
authorize the corresponding budget amendments.
OBJECTIVE: That the Board of County Commissioners (Board) approve a Hazard Mitigation Grant
Program (HMGP) contract, agreement number llHM-3E-09-21-01-026, with the State of Florida,
Division of Emergency Management, to provide for the installation of 1,430 linear feet of six-inch High
Density Polyethylene (HDPE) leachate pipe at the Collier County Landfill (Landfill).
CONSIDERATIONS: The HMGP is the direct result of the Presidential Disaster Declaration of August
24,2008, related to Tropical Storm Fay (FEMA-1785-15 DR-FL). This grant is designed to expand flood
control infrastructure to prevent or limit losses during future storms and disasters. The HMGP is managed
by the Florida Department of Community Affairs, Division of Emergency Management, and funding is
allocated by the United States Department of Homeland Security, Federal Emergency Management
Agency (FEMA). The amount of funding available for Florida is based on 15% of the total federal disaster
assistance for this event; Collier County's estimated share offunds for Tropical Storm Fay is $1,914,659.
On March 24, 2009, the Board approved Agenda Item 16C4, the submission of a $320,000 grant
application for the HMGP to increase the Landfill's leachate system capacity to safely deliver landfill
leachate to the wastewater treatment plant during major storm events. Leachate is water exposed to
garbage in the Landfill, and is considered hazardous to public health and safety.
On April 6, 2009, the Landfill leachate pipe grant application was submitted; however, before the review
process was completed, an emergency event occured involving the Landfill leachate pipe. On May 20,
2009, after several days of rain, a blockage in the leachate pipe was discovered, subsequently posing a
potential threat to the leachate collection system and disposal into the wastewater system. Staff secured
the services of a local contractor to locate the blockage and to remove and replace the blocked pipe.
FEMA was notified of the unforseen blockage and the need to address repairs in an expedient manner.
FEMA agreed with the Engineer's r~port of the increased costs due to the immediate repairs necessary to
remove the blockage and the addition of project improvements increasing the total approved project costs
to $439,109. FEMA subsquently authorized the modification to the original grant request to accommodate
the higher costs of implementing a phased construction of the leachate pipe construction, and addition of
project improvements. Staff was required to complete and submit a Pre-Award Cost Request Form to the
Florida Department of Community Affairs.
On December 15, 2009, Agenda Item 16.C.3, the Board approved a Pre-Award Cost Request Form as an
update to the grant application. On August 12, 2010, Collier County's modified grant application was
approved by the Florida Department of Community Mfairs. The grant contract, agreement number 11HM-
3E-09-21-01-026 with the State of Florida, Division of Emergency Management, was received by the
Solid Waste Management Department on January 31,2011.
The upgrade to the Landfill leachate collection system will include constructing 1,430 linear feet of six.-
inch HDPE pipe to replace the existing four-inch pve pipe, which leads from the Landfill :to the county's
wastewater treatment facility collection system. The six-inch HDPE pipe will be connected to the
existing wastewater system to provide additional capacity and flow velocities to process leach.ar.e
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4/26/2011 Item 16.C.3.
generated by storms, hurricanes and other emergencies. The system, as proposed, will be designed to
provide a ten-year-event level of protection, and will protect the area from spills of excess leachate flow.
FISCAL IMPACT: As identified in the table below, the total project cost approved in the grant
application is $439,109, composed of the federal grant of $240,000 (up to 55%) and local share of
$199,109 (45%). The federal grant agreement allows Collier County to request 55% of the approved pre~
award costs in the amount of $54,674. Pre-award costs include county staff time preparing the project
analysis necessary for the grant project, design, permitting, and public notice costs.
Line Items Project Costs Federal Share Local Share
(UD to 55%) (45%)
Materials and Labor $337,665.00 $184,543.00 $153.122.00
Fees Pre-Award
(Design/Permitting/Public $ 54,674.00 $ 29,888.00 $ 24,786.00
Notice
Fees-Engineering $ 46,770.00 $ 25,569.00 $ 21,201.00
Total: $439,109.00 $240,000.00 $ 199,109.00
Budget amendments are required only for post award expenditures in Fund 475 Solid Waste Grants and
Fund 476 Solid Waste Matching Funds. All pre-award costs were in 2009 and 2010 and therefore will
not be included in budget amendments. The local match included in the contract of $199,109 includes
pre-award costs in the amount of $24,786. A portion of the balance from the matching post award
requirement of $174,323 is staff time in the amount of $23,490, and will also not be budgeted in the
project. Therefore, the budget amendment for Fund 474 Solid Waste Capital to transfer to Fund 476
Solid Waste Matching Funds is $150,833.
GROWTH MANAGEMENT IMPACT: This project is compliant with the County's Growth
Management Plan and the Integrated Solid Waste Management Strategy which calls for optimization of
current assets to ensure operational excellence at best value.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office and is legally sufficient. The Agreement is effective October 1, 2008 in order to capture Pre-Award
costs requested on the project. This item requires a majority vote. JBW
RECOMMENDATION: Recommendation to approve a Hazard Mitigation Grant Program contract,
agreement number IIHM-3E-09-21-01-026, with the State of Florida, Division of Emergency
Management, in the amount of $240,000 to apply towards the costs associated with the installation of
1,430 linear feet of six-inch High Density Polyethylene leachate pipe at the Collier County Landfill; and,
to authorize the corresponding budget amendments.
PREPARED BY: Linda Best, Compliance Manager, Solid Waste Management Department.
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4/26/2011 Item 16.C.3.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.3.
Item Summary: Recommendation to approve a Hazard Mitigation Grant Program
contract, agreement number 11HM-3E-09-21-01-026, with the State of Florida, Division of
Emergency Management, in the amount of $240,000, to apply towards the costs associated
with the installation of 1,430 linear feet of six-inch High Density Polyethylene leachate pipe at
the Collier County Landfill; and, to authorize the corresponding budget amendments.
Meeting Date: 4/12/2011
Prepared By
Name: Linda Best
Title: Manager - Environmental Compliance, Solid Waste
3/17/2011 2:55:40 PM
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Submitted by
Title: Manager - Environmental Compliance, Solid Waste
Name: Linda Best
3/17/2011 2:55:41 PM
Approved By
Name: RodriguezDan
Title: Director - Solid Waste, Solid Waste
Date: 3/18/2011 8:59:09 AM
Name: HapkeMargie
Title: VALUE MISSING
Date: 3/18/201111:08:03 AM
Name: WidesTom
Title: Director - Operations Support - POO,Utilities Fina
Date: 3/21/2011 8:39:44 AM
Name: ParkerNicole
. Title: Contracts Specialist,Purchasing & General Services
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4/26/2011 Item 16.C.3.
Date: 3/23/2011 10:04:55 AM
Name: Carnell Steve
Title: Director - Purchasing/General Services,Purchasing
Date: 3/23/2011 12:08:48 PM
Name: Amysue Benker
Title: Executive Secretary,
Date: 3/24/2011 1 :09:40 PM
Name: DeLonyJim
Title: Administrator - Public Utilities,
Date: 3/24/2011 2:17:02 PM
Name: FoordMarlene
Title: Grant Development & Mgmt Coordinator, Grants
Date: 3/24/20113:00:20 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 3/24/2011 3:01:26 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/28/2011 12:06:46 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 4/4/20112:35:39 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 4/4/2011 2:45 :51 PM
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4/26/2011 Item 16.C.3.
Contract Number: 11 HM-3E-09-21-01-026
CFDA Number. 97.039
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Collier County (hereinafter
referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under thi~ Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws, rules
and regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin on October 1, 2008 and shall end August 12, 2013, unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
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.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal OMB Circulars:
States, local governments, and Indian Tribes follow:
· A-8? for Cost Principles, Relocated to 2 CFR, Part 225
· A-102 for Administrative Requirements, and
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4/26/2011 Item 16.C.3.
. A-133 for Audit Requirements
Educational Institutions (even if part of a State of Local government) follow:
· A-21 for Cost Principles, Relocated to 2 CFR, Part 220
. A-110 for administrative requirements, Relocated to 2 CFR, Part 215, and
· A-133 for audit requirements
Non-Profit Organizations follow:
. A-122 for Cost Principles, Relocated to 2 CFR, Part 230 (362k)
. A-110 for Administrative requirements, Relocated to 2 CFR, Part 215, and
. A-133 for Audit requirements
If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the
Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records to show its compliance with the terms of this
Agreement. and the compliance of all subcontractors or consultants paid from funds under this Agreement, for
a period of five years from the date the audit report is issued, and shall allow the Division or its designee, the
State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient
shall ensure that audit working papers are available to them upon request for a period of five years from the
date the audit report is issued, unless extended in writing by the Division. The five year period may be
extended for the following exceptions:
1. If any litigation, claim or audit is started before the five year period expires, and
extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings
involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at $5,000
or more at the time it is acquired shall be retained for five years after final ~isposition.
3. Records relating to real property acquired shall be retained for five years after the
closing on the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and
Scope of Work - Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be
paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the
Division, its employees. and agents. "Reasonable" shall ordinarily mean during normal business hours of
8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to,
auditors retained by the Division.
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4/26/2011 Item 16.C.3.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds
under this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit by
state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall
ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined in
OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal
awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance
with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the Federal
resources awarded through the Division by this Agreement. In determining the Federal awards expended in
its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources
received from the Division. The determination of amounts of Federal awards expended should be in
accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient
conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will
meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the
Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-
133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event
that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to have an
audit conducted in accordance with the provisions of OMB Circular A-133, as revised,.the cost of the audit
must be paid from non-Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMS Circular
A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular
A-133, as revised, by or on behalf of the Recipient to:
The Division at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
{also send an electronic copy to aurilla.parrish@dca.state.fl.usl
and
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4/26/2011 Item 16.C.3.
Division of Emergency Management
Bureau of Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by
submission online at:
htte :/lharvester.census.aov/fac/collecUddeindex. html
And to any other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send a
copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any
management letter issued by the auditor, to the Division at the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.parrish@dca.state.fl.usl
and
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Division of Emergency Management
Bureau of Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information required to
be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Division for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the
Division of all funds not spent in accordance with these applicable regulations and Agreement provisions
within thirty days after the Division has notified the Recipient of such non-compliance.
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4/26/2011 Item 16.C.3.
. U) The Recipient shall have all audits completed by an independent certified public.
accountant (lPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla.
Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must
be received by the Division no later than nine months from the end of the Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this
Agreement, in addition to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 15 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-out
report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and
December 31.
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(c) The close-out report is due 60 days after termination of this Agreement or 60 days after
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the
work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division.
(f) The Recipient shall provide additional reports and information identified in Attachment F.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement. to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved. A review shall be done for
each function or activity in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other
procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Division. In the event that the Division or the Department determines that a
limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division or the Department to the Recipient regarding such audit. The Recipient
further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed
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necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the .
performance and financial management by the Recipient throughout the contract term to ensure timely
completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., and the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising
from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is
not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla.
Stat., agrees to be fUlly responsible for its negligent or tortuous acts or omissions which result in claims or
suits against the Division, and agrees to be liable for any damages proximately caused by the acts or
omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver
of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any
matter arising out of any contract.
(10) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make payments
or partial payments after any Events of Default without waiving the right to exercise such remedies, and
without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails
to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement
with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations
under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any time
during the term of this Agreement and the Recipient fails to cure this adverse change within thirty days from
the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or have
been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations under
this Agreement.
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4/26/2011 Item 16.C.3.
(11) REMEDIES
If an Event of Default occurs, then the Division may, after thirty calendar days written notice
to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise anyone or more of
the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior
written notice of the termination. The notice shall be effective when placed in the United States, first class
mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph
(13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible purposes
under the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. Request additional information from the Recipient to determine the reasons for or
the extent of non-compliance or lack of performance,
2. Issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
3. Advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4. Require the Recipient to reimburse the Division for the amount of costs incurred for
any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this
Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other
right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any
other default by the Recipient.
(12) TERMINATION
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter,
or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in its
sole discretion that continuing the Agreement would not produce beneficial results in line with the further
expenditure of funds, by providing the Recipient with thirty calendar day's prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through a
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written amendment of this Agreement. The amendment will state the effective date of the termination and the .
procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new obligations
for the terminated portion of the Agreement after the Recipient has received the notification of termination.
The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the
termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of
any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold
payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from
the Recipient is determined.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at the
address below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Ms. Holly Swift
Mitigation Bureau
Division of Emergency Management
2702 Directors Row
Orlando, Florida 32809
Telephone: (407) 888-3781 .
Fax Number: (407) 251-2590
Email: holly.swift@em.myflorida.com
. (c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Mr. David Jaye
Collier County
3301 Tamiami Trail, Building H, 3rd Floor
Naples, Florida 34112
Telephone: (239) 252-7620
Fax: (239) 774-9222
Email: davidjaye@colliergov.net
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided as outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the
fully executed subcontract must be forwarded to the Division within ten days of execution for review and
approval. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms
of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and
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(Hi) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature
arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and
required by law. The Recipient shall document in the quarterly report the subcontractor's progress in
performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this Agreement
and the attachments, the language of the attachments shall control, but only to the extent of the conflict or
inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Budget and Scope of Work
Attachment B - Program Statutes and Regulations
Attachment C - Statement of Assurances
Attachment D - Request for Reimbursement
Attachment E - Justification of Advance
Attachment F - Quarterly Report Form
Attachment G - Warranties and Representations
Attachment H - Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion
(17) FUNDING/CONSIDERA TION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs
incurred in the satisfactory performance of work hereunder in an amount not to exceed $240,000 subject to
the availability of funds. All requests for reimbursement of administrative costs must be accompanied by the
back-up documentation evidencing all such administrative costs.
(b) Any advance payment under this Agreement is subject to Section 216.181 (16), Fla.Stat..
and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this
Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient
within the first three (3) months of the contract term. For a federally funded contract, any advance payment is
also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of
9
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1990. If an advance payment is requested, the budget data on which the request is based and a justification .
statement shall be submitted to the Division Contact in accordance with Attachment E. Attachment E will
specify the amount of advance payment needed and provide an explanation of the necessity for and
proposed use of these funds.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(d) Request for Reimbursement should be submitted at least quarterly and should include
the support documentation for all costs of the project submitted on the Request for Reimbursement. The
supporting documentation must comply with the documentation requirements of applicable OMB Circular Cost
Principles. Attachment D must be completed and signed by an authorized representative of the recipient.
Any Requests for Reimbursement that fails to include Attachment D with the supporting documentation may
be returned or delayed in processing. Final invoice shall be submitted 60 days after the expiration date of the
agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the
United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any further
payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of
receiving notice from the Division.
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable
to the order of "Department of Community Affairs," and mailed directly to the Divisions Contact listed above.
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the
Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the
returned check or draft, whichever is greater.
.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any later
submission or response to a Division request, or in any submission Dr response to fulfill the requirements of
this Agreement. All of said information, representations, and materials are incorporated by reference. The
inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days
written notice to the Recipient, cause the termination of this Agreement and the release of the Division from
all its obligations to the Recipient.
(b) 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. If any provision of this
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4/26/2011 Item 16.C.3.
.
Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null
and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this
Agreement.
.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) The Agreement may be executed in any number of counterparts, anyone of which may
be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-
336,42 U.S.C. Section 12101 et seQ.), which prohibits discrimination by public and private entities on the
basis of disability in employment, public accommodations, transportation, State and local government
services, and telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatorv vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real property to a public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period
of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
(9) Any Recipient which is not a local government or state agency, and which receives funds
under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it
and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal department or agency;
2. Have not, within a five-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a public (federal, state or local) transaction or contract under public transaction;
violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(9)2, of this
certification; and
.
4. Have not within a five-year period preceding this Agreement had one or more public
transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile
transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And
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4/26/2011 Item 16.C.3.
Voluntary Exclusion" (Attachment H) for each intended subcontractor which Recipient plans to fund .
under this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance
with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
0) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla.
Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions of
Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
(I) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the Division's
obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INAn)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of .
Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011,
Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any
subcommittee making recommendations to the governing board. All of these meetings shall be publicly
noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public
in accordance with Chapter 119, Fla. Stat.
(0) All unmanufactured and manufactured articles, materials and supplies which are acquired
for public use under this Agreement must have been produced in the United States as required under 41
U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any
state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
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4/26/2011 Item 16.C.3.
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal. amendment or modification of any Federal contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying."
3. The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or entering
into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10.000 and not more than $100,000 for each
such failure.
(21) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY
AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS
AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights
and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books. manuals, films, or other copyrightable material
are produced. the Recipient shall notify the Division. Any copyrights accruing under or in connection with the
performance under this Agreement are transferred by the Recipient to the State of Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should know
could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-
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4/26/2011 Item 16.C.3.
existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists.
The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during
performance of the Agreement.
(22) LEGAL AUTHORIZATION
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement-and.that it's goveming body has authorized the execution and acceptance ofthis Agreement. The
Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to
the terms of this Agreement.
(23) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as Attachment C.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT:
COLLIER COUNTY
BY:
Name and title:
Fred W. Coyle, Chairman
Date:
FID#
59-6000558
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BY:
Name and Title:
David Halstead. Director
Date
AiTESi:
DWIGHT E. BROCK, Clerk
By:
~ as m form &. iegai SufflcienGV
\)n\.2)~
Assistant County Attorney
:) 'L .t...H-H ~<L <C... B. Q....., \ \" ~
14
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4/26/2011 Item 16.C.3.
EXHIBIT - 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the
same information shown below for each Federal program and show total Federal resources awarded.
Federal Program: Federal Emergency Management Agency, Hazard Mitigation Grant
Catalog of Federal Domestic Assistance Number: 97.039
Amount of Federal Funding: $ 240,000.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED
UNDER THIS AGREEMENT:
NOTE: If the resources awarded to the Recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
1. Recipient is to use funding to perform the following eligible activities; include mitigation
projects that will result in protection of public or private property from natural hazards.
Eligible projects include, but are not limited to:
. Acquisition of hazard prone properties
. Retrofitting of existing buildings and facilities
. Elevation of flood prone structures
. Infrastructure protection measures
. Storm water management improvements
. Minor structural flood control projects
. Relocation of structures from hazard prone areas
· Retrofitting of existing buildings and facilities for shelters
. Vegetative management/soil stabilization
. Mitigation Planning Project
. Other projects that reduce future disaster losses
2. Recipient is subject to all administrative and financial requirements as set forth in this
Agreement, or will be in violation of the terms of the Agreement.
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency
may elect to use language that requires the Recipient to comply with the requirements of applicable
provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may
state that the Recipient must comply with specific laws, rules, or regulations that pertain to how the awarded
resources must be used or how eligibility determinations are to be made. The State awarding agency, if
practical, may want to attach a copy of the specific law, rule, or regulation referred to.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require
that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the
Recipient.
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4/26/2011 Item 16.C.3.
Attachment A
.
Budget and Scope of Work
Scope of Work
As a Hazard Mitigation Grant Program Project, the Recipient, Collier County, proposes to upgrade the Landfill
located at 3730 White Lake Boulevard, Naples, Florida 34117, by constructing One Thousand Four Hundred
Thirty (1,430) linear feet of six (6) inch HDPE pipe to replace existing four (4) inch PVC pipe which leads from
the Landfill to the County Waste Water Treatment Facility Collection System. The six inch HDPE pipe will be
connected to the existing waste water system to provide additional capacity and flow velocities to process
leachate which is often generated by storms, hurricanes and other related emergencies. The system as
proposed will be designed to provide a 10 year event level of protection and will protect the area from
leachate excess flow spills.
Environmental Review Project Conditions:
1. The Recipient must follow all applicable State, Local and Federal laws, regulations and requirements,
and obtain (before starting project work) and comply with all required permits and approvals. If project
work is delayed for a year or more after the date of the CA TEX. then coordination with the project
review by regulatory agencies must be redone.
2. Any change, addition or supplement to the approved Scope of Work that alters the project (including
other work not funded by FEMA, buy done substantially at the same time) will require re-submission
of the application to FEMA for NEPA re-evaluation before starting project work.
3. If historic or archaeological materials are discovered during project work, work in that area shall
cease immediately and the Recipient will contact the State Historic Preservation Officer (SHPO) and
the DHS/FEMA Region IV Environmental Officer and FDEM State Environmental Liaison Officer for .
furthElr guidance.
4. Construction vehicles and equipment used for this project shall be maintained in good working order
to minimize pollutant emissions.
5. Best management practices will be used during project work to minimize soil erosion, sediment
migration and turbidity. The Recipient will need to prepare and implement a Storm Water Pollution
Prevention Plan (SWPP). The Recipient must obtain a National Pollutant Discharge Elimination
System (NPDES) storm water permit (if area of disturbance will be greater than one acre). The
Recipient will need to provide a copy of the Notice of Intent (NOI) submitted to use the State of
Florida Generic Permit for storm water discharge from construction activities; response letter from
Florida Department of Environmental Protection (FDEP) if provided; and a copy of the Notice of
Termination (NOT) - at project closeout.
6. For projects involving groundwater dewatering activities at the construction site, provide
documentation of coverage under the Florida Department of Environmental Protection (FDEP).
"Generic Permit for the Discharge of Produced Ground Water from any Non-contaminated Site
Activity" .
7. The recipient must comply with and document all FDEP permit conditions as outlined in the permit
number: 52258-354-DWC/MR. Verification of permit conditions may be required at project close out.
This is FEMA Project number 1785-66-R, funded under FEMA-1785-DR-FL.
The period of Performance for this project ends August 12, 2013.
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Schedule of Work
Eng ineeringlDesign/S urvey
Permitting
Bidding
Construction
Weather Delays
Final Inspection
Total Period of Performance
BudQet
Line Items*
Materials and Labor:
Fees - Pre-Award (Design/
Permitting/Public Notice):
Fees - Enqineerino:
Total:
Proiect Costs
$337,665.00
$ 54,674.00
$ 46.770.00
$439,109.00
4/26/2011 Item 16.C.3.
4 Months 20 days
6 Months
4 Months
13 Months 10 days
4 Months
4 Months
36 Months
Federal Share
$184,543.00
$ 29,888.00
$ 25.569.00
$240,000.00
Local Share
$153,122.00
$ 24,786.00
$ 21.201.00
$199,109.00
*Any line item amount in this budget may be increased or decreased 10% or less without an amendment to
this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is
not increased.
Fundinq Summary
Federal Share:
Local Share:
T atal Project Cost:
$240,000.00 (54.6562%)
$199.109.00 (45.3438%)
$439.109.00 (100%)
**The project cost is inclusive of administrative cost.
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OB/12/2010
8:51
4/26/2011 Item 16.C.3.
FEDE'Oo . EMERGENCY MANAGEMENT AGENCY
I.. -ARD MITIGATION GRANTS PROGRAM
Obligation Report wI Signatures
HMGP-OB-02
Disaster FEMA Amendment State Action Supplemental
No Project No No Application 10 No No State
1785
66-R
o
23
Subgrantee: Collier (County)
Subgrantee FIPS Code: 021.99021
Grantee
25
FL Statewide
Project Title: Collier co. Construction of 1,400 LF of 4" leachate force with 6"
HDPE. Drainage
Total Amount
Previously Allocated
Total Amount
Previously Obligated
$240,000
$240,000
Project Amount
Grantee Admin Est
-.--.-.........--. ...--- .... - _0_". ...__n_.._____. ............ .....u..._.._______.._.. . . ......._...._........... ....-... .._..._..___._.... .. ._0____.___..____....
2010
$240,000
Comments
Date: 08110/2010
User Id: VGEER
Comment: per the state of florida, obligate remaining funds for project implementation
Date: 08/11/2010
User Id: DBURKElT
Comment: Approved New project funding HMO
Authorization
Preparer Name: VICTOR GEER
HMO Authorization Name: DEBORAH BURKETT
Authorizing Official Signature
Total Amount
Pending Obligation
Total Amount Available
for New Obligation
$0
$0
Subgrantee Admin Est
Total Obligation IFMIS Date IFMIS Status FY
so
$240,000 08/1112010
$0
Accept
Preparation Dale: 08110/2010
HMO Authorization Date: 08/11/2010
GtJItF. ).1M P/lIQAlCJj
Autho~izjng Official Title
J>..J;L - )/)
Authorization Date
Authorizing Official Title
Authorization Date
17A
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4/26/2011 Item 16.C.3.
Attachment B
Program Statutes and Regulations
The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally
governed by the following statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
(2) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18,25,206,220, and 221, and any other applicable FEMA
policy memoranda and guidance documents;
(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program;
(4) Hazard Mitigation Long-term Recovery Guidance; and
(5) All applicable laws and regulations delineated in Attachment C of this Agreement
In addition to the above statues and regulations, the Recipient must comply with the following:
The Recipient shall fully perform the approved hazard mitigation project, as described in the
Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with
the approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds
indicated therein, and the terms and conditions of this Agreement. Recipient shall not deviate from the
approved project and the terms and conditions of this Agreement. Recipient shall comply with any and all
applicable codes and standards in performing work funded under this Agreement. and shall provide any
appropriate maintenance and security for the project.
Any development permit issued by, or development activity undertaken by, the Recipient and any
land use permitted by or engaged in by the Recipient, shall be consistent with the local comprehensive plan
and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes.
Funds shall be expended for, and development activities and land uses authorized for, only those uses which
are permitted under the comprehensive plan and land development regulations. The Recipient shall be
responsible for ensuring that any development permit issued and any development activity or land use
undertaken is, where applicable, also authorized by the Water Management District, the Florida Department
of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and
any federal, state, or local environmental or land use permitting authority, where required. Recipient agrees
that any repair or construction shall be in accordance with applicable standards of safety, decency, and
sanitation, and in conformity with applicable codes, specifications and standards.
Recipient will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the completed work conforms with the approved plans' and specifications and
will furnish progress reports and such other information to HMGP as may be required.
If the hazard mitigation project described in Attachment A includes an acquisition or relocation
project, then Recipient shall ensure that, as a condition of funding under this Agreement, the owner of the
affected real property shall record in the public records of the county where it is located the following
covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from which a
structure will be removed pursuant to the project:
1.
The property will be dedicated and maintained in perpetuity for a use that is compatible with
open space, recreational, or wetlands management practices;
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4/26/2011 Item 16.C.3.
2.
No new structure will be erected on property other than:
(a) a public facility that is open on all sides and functionally related to a designated
open space;
(b) a restroom; or
A structure that the Director of the Federal Emergency Management Agency approves in
writing before the commencement of the construction of the structure;
After the date of the acquisition or relocation no application for disaster assistance for any
purpose will be made to any Federal entity and no disaster assistance will be provided for the
property by any Federal source; and
If any of these covenants and restrictions is violated by the owner or by some third party with
the knowledge of the owner, fee simple title to the Property described herein shall be
conveyed to the Soard of Trustees of the Internal Improvement Trust Fund of the State of
Florida without further notice to the owner, its successors and assigns, and the owner, its
successors and assigns shall forfeit all right, title and interest in and to the property.
.
3.
4.
5.
HMGP Contract Manager will evaluate requests for cost overruns and submit to the Regional Director
written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in
44CFR 206.438{b).
The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP
Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the
NEPA process. You are reminded that no construction may occur in this phase that a full environmental
review must be completed prior to funding Phase II.
As a reminder, the Recipient must obtain prior approval from the State, before implementing changes
to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments:
1. For construction projects, the grantee must "obtain prior written approval for any budget revision .
which result in a need for additional funds. (44 CFR 13 (c));
2. A change in the scope of work must be approved by FEMA in advance regardless of the budget
implications; and
3. The Recipient must notify the State as soon as significant developments become known, such as
delays or adverse conditions that might raise costs or delay completion, or favorable conditions
allowing lower cost or earlier completion. Any extensions of the period of performance must be
submitted to FEMA 60 days prior to the project expiration date.
STATEMENT OF ASSURANCES
The Recipient assures that it will comply with the following statues and regulations, to the extent applicable:
1) 53 Federal Register 8034
2) Federal Acquisition Regulations 31.2 and 931.2
3) Section 1352, Title 31, US Code
4) OMS Circulars A-21 , A-87, A-110, A-122
5) Chapter 473, Florida Statutes
6) Chapter 215, Florida Statutes
7) Section 768.28, Florida Statutes
8) Chapter 119, Florida Statutes
9) Section 216.181 (6), Florida Statutes
10) Cash Management Improvement Act Of 1990
11) American with Disabilities Act
12) Section 112.061, Florida Statutes
13) Immigration and Nationality Act
14) Section 286.011. Florida Statutes
19
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15)
16)
17)
18)
19)
20)
21)
22)
23)
24)
25)
.
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4/26/2011 Item 16.C.3.
E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative
Agreements 28 CFR, Part 66, Common rule,
Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
28 CFR applicable to grants and cooperative agreements
Omnibus Crime Control and Safe Streets Act of 1968, as amended,
42 USC 3789(d), or Victims of Crime Act (as appropriate);
Section 504 of the Rehabilitation Act of 1973, as amended;
Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990);
28 CFR Part 42, Subparts C,D,E, and G
Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
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4/26/2011 Item 16.C.3.
Attachment C
.
Statement of Assurances
To the extent the following provisions apply to this Agreement, the Recipient certifies that:
(a) It possesses legal authority to enter into this Agreement, and to carry out the proposed program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action
authorizing the execution of the hazard mitigation agreement with the Division of Emergency
Management (DEM), including all understandings and assurances contained in it, and directing and
authorizing the Recipient's chief administrative officer or designee to act in connection with the
application and to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall receive any share or part of this Agreement or any benefit. No member, officer, or employee of
the Recipient or its designees or agents, no member of the governing body of the locality in which the
program is situated, and no other public official of the locality or localities who exercises any functions
or responsibilities with respect to the program during his tenure or for one year after, shall have any
interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in
connection with the program assisted under this Agreement. The Recipient shall incorporate, in all
contracts or subcontracts a provision prohibiting any interest pursuant to the purpose state above;
(d)
All Recipient contracts for which the State Legislature is in any part a funding source, shall contain
language to provide for termination with reasonable costs to be paid by the Recipient for eligible
contract work completed prior to the date the notice of suspension of funding was received by the
Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient
may not be funded with funds provided under this Agreement unless previously approved in writing by
the Division. All Recipient contracts shall contain provisions for termination for cause or convenience
and shall provide for the method of payment in such event;
.
(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that
mechanics and laborers (including watchmen and guards) employed on federally assisted
contracts be paid wages of not less than one and one-half times their basic wage rates for all
hours worked in excess of forty hours in a work week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least the minimum prescribed wage, and also that they be paid one
and one-half times their basic wage rates for all hours worked in excess of the prescribed
work-week.
(f) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant
thereto, which provides that no person in the United States shall on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for which the Recipient
receives Federal financial assistance and will immediately take any measures necessary to
effectuate this assurance. If any real property or structure thereon is provided or improved
with the aid of Federal financial assistance extended to the Recipient, this assurance shall
obligate the Recipient, or in the case of any transfer of such property, any transferee, for the
period during which the real property or structure is used for a purpose for which the Federal
21
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4/26/2011 Item 16.C.3.
financial assistance is extended, or for another purpose involving the provision of similar
services or benefits;
(2)
Any prohibition against discrimination on the basis of age under the Age Discrimination Act of
1975, as amended (42 U.S,C.: 6101-6107) which prohibits discrimination on the basis of age
or with respect to otherwise qualified handicapped individuals as provided in Section 504 of
the Rehabilitation Act of 1973;
(3)
Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of employment
during the performance of federal or federally assisted construction contracts; affirmative
action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff/termination, rates of payor other forms of compensation; and
election for training and apprenticeship;
(g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives
the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties pursuant to Section 112.313 and Section
112.3135, FS;
(h) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes
penalties for "kickbacks" of wages in federally financed or assisted construction activities;
(i) It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act) which
limits the political activities of employees;
(j)
It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for the
receipt of any Federal financial assistance for construction or acquisition purposes for use in any area
having special flood hazards. The phrase "Federal financial assistance" includes any form of loan,
grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other
form of direct or indirect Federal assistance;
(k) It will require every building or facility (other than a privately owned residential structure) designed,
constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal
Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type
buildings and Appendix A to 24 CFR Part 40 for residential structures. The Recipient will be
responsible for conducting inspections to ensure compliance with these specifications by the
contractor;
(I) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act
of 1966 (U.S.C. 470), Executive Order 11593,24 CFR Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by:
(1)
Consulting with the State Historic Preservation Office to identify properties listed in or eligible
for inclusion in the National Register of Historic Places that are subject to adverse effects
(see 36 CFR Section 800.8) by the proposed activity; and
(2)
Complying with all requirements established by the State to avoid or mitigate adverse effects
upon such properties.
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4/26/2011 Item 16.C.3.
Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal
Emergency Management Agency, the Florida State Historic Preservation Office, the
Florida Division of Emergency Management and the Advisory Council on Historic
Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities
in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C.
470f, and implementing regulations in 36 CFR part 800.
(4) When any of Recipient's projects funded under this Agreement may affect a historic property,
as defined in 36 CFR 800. (2)(e), the Federal Emergency Management Agency (FEMA) may
require Recipient to review the eligible scope of work in consultation with the State Historic
Preservation Office (SHPO) and suggest methods of repair or construction that will conform
with the recommended approaches set out in the Secretary of Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards),
the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines)
(48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If
FEMA determines that the eligible scope of work will not conform with the Standards,
Recipient agrees to participate in consultations to develop, and, after execution by all parties,
to abide by, a written agreement that establishes mitigation and recondition measures,
including but not limited to, impacts to archeological sites, and the salvage, storage, and
reuse of any significant architectural features that may otherwise be demolished.
(3)
(5)
Recipient agrees to notify FEMA and the Division if any project funded under this Agreement
will involve ground disturbing activities, including, but not limited to: subsurface disturbance;
removal of trees; excavation for footings and foundations; and installation of utilities (such as
water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these
activities are restricted solely to areas previously disturbed by the installation, replacement or
maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that
archeological properties may be present and be affected by such activities. The SHPO will
advise Recipient on any feasible steps to be accomplished to avoid any National Register
eligible archeological property or will make recommendations for the development of a
treatment plan for the recovery of archeological data from the property.
If Recipient is unable to avoid the archeological property, develop, in consultation with the
SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory
Council on Historic Preservation (Council) publication ''Treatment of Archeological
Properties". Recipient shall forward information regarding the treatment plan to FEMA, the
SHPO and the Council for review. If the SHPO and the Council do not object within 15
calendar days of receipt of the treatment plan, FEMA may direct Recipient to implement the
treatment plan. If either the Council or the SHPO object, Recipient shall not proceed with the
project until the objection is resolved.
(6) Recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes in
the approved scope of work for a National Register eligible or listed property; (b) of all
changes to a project that may result in a supplemental DSR or modify an HMGP project for a
National Register eligible or listed property; (c) if it appears that a project funded under this
Agreement will affect a previously unidentified property that may be eligible for inclusion in
the National Register or affect a known historic property in an unanticipated manner.
Recipient acknowledges that FEMA may require Recipient to stop construction in the vicinity
of the discovery of a previously unidentified property that may be eligible for inclusion in the
National Register or upon learning that construction may affect a known historic property in
an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient
to take all reasonable measures to avoid or minimize harm to such property until FEMA
concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require,
and Recipient shall comply with, modifications to the project scope of work necessary to
implement recommendations to address the project and the property.
23
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.
.
.
(s)
.
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
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4/26/2011 Item 16.C.3.
(7)
Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not
receive funding for projects when, with intent to avoid the requirements of the PA or the
NHPA, Recipient intentionally and significantly adversely affects a historic property, or having
the legal power to prevent it, allowed such significant adverse affect to occur.
(m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-1683
and 1685 - 1686) which prohibits discrimination on the basis of sex;
(n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
(0) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290
ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(p) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits
the use of lead based paint in construction of rehabilitation or residential structures;
(q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and
the provisions of the state Energy Conservation Plan adopted pursuant thereto; .
(r) It will comply with the Laboratory Animal Welfare Act of 1966,7 U.S.C. 2131-2159, pertaining to the
care, handling, and treatment of warm blooded animals held for research, teaching, or other activities
supported by an award of assistance under this agreement;
It will comply with Title VIII of the Civil Rights Act of 1968,42 U.S.C. 2000c and 42 3601-3619, as
amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the
Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or
nation origin;
It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626;
(twill comply with the Endangered Species Act of 1973,16 U.S.C. 1531-1544;
It will comply with the Intergovernmental Personnel Act of 1970,42 U.S.C. 4728-4763;
It will assist the awarding agency in assuring compliance with the National Historic Preservation Act
of 1966, as amended, 16 U.S.C. 270;
It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
It will assist the awarding agency in assuring compliance with the Preservation of Archeological and
Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq;
It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-
discrimination;
It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974,42 U.S.C. 300f-300j, regarding the protection of underground water
sources;
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4/26/2011 Item 16.C.3.
(cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and .
Property Acquisition Policies Act of 1970,42 U.S.C. 4621-4638, which provide for fair and equitable
treatment of persons displaced or whose property is acquired as a result of Federal or federally
assisted programs;
(dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271~1287, related to protecting
components or potential components of the national wild and scenic rivers system;
(ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities);
EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice);
(ff) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510;
(gg) It will assure project consistency with the approved State program developed under the Coastal Zone
Management Act of 1972, 16 U.S.C. 1451-1464; and
(hh) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
(ii) With respect to demolition activities, it will:
1. Create and make available documentation sufficient to demonstrate that the Recipient and its
demolition contractor have sufficient manpower and equipment to comply with the obligations
as outlined in this Agreement.
2. Return the property to its natural state as though no improvements had ever been contained
thereon.
3.
Furnish documentation of all qualified personnel, licenses and all equipment necessary to
inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos and
lead in accordance with requirements of the U.S. Environmental Protection Agency, the
Florida Department of Environmental Protection and the County Health Department.
.
4. Provide documentation of the inspection results for each structure to indicate:
a. Safety Hazards Present
b. Health Hazards Present
c. Hazardous Materials Present
5. Provide supervision over contractors or employees employed by Recipient to remove
asbestos and lead from demolished or otherwise applicable structures.
6. Leave the demolished site clean, level and free of debris.
7. Notify the Division promptly of any unusual existing condition which hampers the contractors
work.
8. Obtain all required permits.
9. Provide addresses and marked maps for each site where water wells and septic tanks are to
be closed along with the number of wells and septic tanks located on each site. Provide
documentation of closures.
10. Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (Public Law 94-163).
25
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4/26/2011 Item 16.C.3.
.
11.
Comply with all applicable standards, orders, or requirements issued under Section 112 and
306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S.
1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations
(40 CFR Part 15 and 61). This clause shall be added to any subcontracts.
12. Provide documentation of public notices for demolition activities.
.
.
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4/26/2011 Item 16.C.3.
Attachment 0 .
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
HAZARD MITIGATION GRANT PROGRAM FUNDS
RECIPIENT NAME: COLLIER COUNTY
ADDRESS:
CITY, STATE, ZIP CODE:
PAYMENT No: DEM Agreement No: 10HM-3E-09-21-01-026
FEMA Tracking Numbers: 1785-66-R Invoice Period: to
Eligible Obligated Obligated DEM Use Onlv
Amount Federal Non-Federal Previous Current
100% 54.6562% 45.3438% Payments Reauest Aooroved Comments
.
TOTAL CURRENT REQUEST $
I certify that to the best of my knowledge and belief the above accounts are correct, and that all
disbursements were made in accordance with all conditions of the Division agreement and payment is due
and has not been previously requested for these amounts.
RECIPIENT SIGNATURE
NAME AND TITLE DATE:
TO BE COMPLETED BY DIVISION OF EMERGENCY MANAGEMENT
APPROVED PROJECT TOTAL $
ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVED FOR PAYMENT $
DATE
27 .
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4/26/2011 Item 16.C.3.
Attachment D
(continued)
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MITIGATION GRANT PROGRAM
Applicant:
COLLIER COUNTY
Disaster No. 1785-DR-FL
DEM Agreement No: 10HM-3E-09-21-01-026
FEMA Tracking # 1785-66-R
Applicant's Date of delivery DOCUMENTATION Applicant's
Reference No. of articles, List Documentation (Applicant's payroll. material out of Eligible Costs
(Warrant, Voucher, completion of applicant's stock, applicant owned equipment and name 100%
Claim Check, or work or of vendor or contractor) by category and line item in the
Schedule No.) performance approved project application and give a brief description
services. of the articles or services.
.
TOTAL
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4/26/2011 Item 16.C.3.
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
COLLIER COUNTY
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is
requested, budget data on which the request is based must be submitted. Any advance payment under this
Agreement is subject to s. 216.181 (16), Florida Statutes. The amount which may be advanced shall not exceed
the expected cash needs of the reCipient within the initial three months.
U NO ADVANCE REQUESTED
U ADVANCE REQUESTED
No advance payment is requested.
Payment will be solely on a
reimbursement basis. No additional
information is required.
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefits to clients, duplicate forms
and purchase start-up supplies and equipment. We would not be
able to operate the program without this advance.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet.
DESCRIPTION
(A)
FFY
2010-2011
(D)
Total
(B)
FFY
2011-2012
(C)
FFY
2012-2013
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES1
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
(Divide line 2 by line 1.)
1 First three months expenaitures need only be provided for the years in which you requested an advance.
If you do not have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X $
=
Cell 03
HMGP Award
(Do not include match)
MAXIMUM
ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
LJ
Recipient has no previous HMGP contract history. Complete Estimated Expenses chart
and Explanation of Circumstances below.
Recipient has exceptional circumstances that require an advance greater than the Maximum
Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances
below. Attach additional pages if needed.
LJ
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4/26/2011 Item 16.C.3.
ESTIMATED EXPENSES
. 2010-2011
BUDGET CATEGORY Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
.
.
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4/26/2011 Item 16.C.3.
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
HAZARD MITIGATION GRANT PROGRAM
.
QUARTERLY REPORT FORM
RECIPIENT: COLLIER COUNTY
PROJECT #:
17B5-66-R
PROJECT LOCATION OTHER - LANDFILL
DISASTER NUMBER: 17B5-DR-FL
DEM ID #:
11 HM-3E-09-21-01-026
QUARTER ENDING:
Provide amount of advance funds disbursed for period (if applicable) $
Provide reimbursement projections for this project:
July-Sep, 20_$
July-Sep, 20_$
Oct-Dee, 20_$
Oct-Dec, 20_$
Jan-Mar, 20_$
Jan-Mar, 20_$
Apr-June, 20_$
Apr-June, 20_$
Percentage of Work Completed (may be confirmed by state inspectors):
%
Project Proceeding on Schedule: [] Yes [] No
Describe milestones achieved during this quarter:
Provide a schedule for the remainder of work to project completion:
.
Describe problems or circumstances affecting completion date, milestones, scope of work, and cost:
Cost Status: [] Cost Unchanged
L] Under Budget
Ll Over Budget
Additional Comments/Elaboration:
NOTE: Division of Emergency Management (DEM) staff may perform interim inspections and/or audits at
any time. Events may occur between quarterly reports, which have significant impact upon your
project(s), such as anticipated overruns, changes in scope of work, etc. Please contact the Division as
soon as these conditions become known, otherwise you may be found non-compliant with your sub grant
award.
Name and Phone Number of Person Completing This Form
.
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4/26/2011 Item 16.C.3.
Attachment G
Warranties and Representations
Financial ManaQement
Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all such assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, and invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
Codes of conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
Licensino and Permittino
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
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4/26/2011 Item 16.C.3.
Attachment H
.
.' .;ft~[;~~;f~W~~~~~~i~~~~r~wlf&\~I~tii~~]~~~4~~~~~j,,~~~';!~';\"
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, Collier County, certifies, by submission of this
document, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
CONTRACTOR:
By
Signature
Recipient's Name
Name and Title
11 HM-3E-09-21-01-026
Division Contract Number
.
Street Address
City, State, Zip
Date
.
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4/26/2011 Item 16.C.3.
m:
STATE OF FLORIDA
. DIVIS'ION OF EMERGENCY MANAGEMENT
.
.
CHARLIE CRIST
Governor
DAVID HALSTEAD
Director
May 17, 2010
Clayton E. Saucier, Chief
Hazard Mitigation Assistance Branch, Mitigation Division
FEMA - Region IV
U.S. Department of Homeland Security
3003 Chamblee-Tucker Road
Atlanta, GA 30341
Re: 1785-66-R (State Number 23), Collier County, Landfill Leachate Pipe, Upgrade-
Request for Emergency Construction
Deat Mr. Saucier:
On May 14, 2010, the Florida Division of Emergency Management (DEM) received a
letter from the Collier County Solid Waste Management Department, requesting permission to
start construction on the Collier County Landfill leachate pipe due to the emergency nature of the
project.
The proposed project involves upsizing a segment of 1430 ft. feet of six-inch HDPE
tSDR 11) pipe to replace the existing four-inch PVC pipe that leads from the Collier County
Landfill to the County wastewater treatment facility collection system. The Collier County
Landfill is an essential facility in the collection of mixed solid waste and storm debris. A failure
of the leachate collection and delivery system could necessitate a shutdown of the landfill posing
an immediate threat to public health.. Moreover, the Collier County Landfill and leachate pipe
system are located near waterways that connect to the Everglades.
It is important to note that after the applicant submitted the HMGP application, the area
experienced several days of rain, which caused an emergency on the landfill's leachate pipe. On
May 20, 2009, a segment of the landfIll's leachate pipe that was to be upgraded through the
HMGP project became blocked, causing a situation that threatened public health and safety.
Collier County was not declared under FEMA-1840-DR-FL yet associated rainfall was. sufficient
to distress the system to the point of failure. The County is understandably concerned with the
potential threat from the pending hurricane season that has been predicted to be very active.
Due to the uncertain future of the immediate needs funding freeze of the Disaster Relief
Fund, DEM hereby requests permission for Collier County to begin construction without a
FEMA obligation letter. The FEMA Region IV programmatic, technical and environmental staff
at the Florida Recovery Office, who performed the review of this application, found this to be an
FLORiDA RECOVERY OFFICE' DIVISION HEADQUARTERS. STATE LOGISTICS RESPONSE CENTER
36 Skyline Drive 2555 Shumard Oak Boulevard 2702 Directors Row
Lake Mary, FL 32746-6201 Tallahassee, FL 32399-2100 Orlando, FL 32809-5631
Tel: 850-l P k t P 960 8-1016
~ ac e age - -
4/26/2011 Item 16.C.3.
eligible, cost-effective and environmentally sound project. Had the immediate needs funding .
freeze of the Disaster Relief Fund not been imposed, the State this project would be approved
and obligated by this point. Please find attached letter from the applicant as well as the State
Environmentalist Maria Lopez, who concurs with the applicants' request.
If you have any questions or require additional information, please contact Jason
McCright, Planning Manager at (407) 268-8660.
Respectfully,
Miles E. Anderson, Community Program Manager
Bureau of Recovery and Mitigation
Mitigation Section
MENoc
Enclosures
cc: MaryJo Thurston, Collier County Solid Waste Management
.
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4/26/2011 Item 16.C.3.
ENVIRONMENTAL CONCURRENCE
.
Collier County Landfill, Leachate Pipe Upgrade
HMGP-1785-023
Project Location: Collier County Landfill
3730 White Lake Blvd., Naples, FL 34117
Lat. 26.157498
Long. -81.657992
OVERVIEW:
On May 14, 2010, FDEM received a letter from Mr. Daniel R. Rodriguez, Director of Collier County Solid Waste
Management Department, requesting permission to start construction on the Collier County Landfill Leachate pipe
upgrade before the project receives the award letter from FEMA.
The applicant has stated that due to public health and safety issues as well as environmental risks, there is
an immediate need to proceed with the proposed project of upgrading the second segment of their landfill
Leachate pipe, from four inches to six inches, before the Hurricane season begins in June 1,2010.
The abovementioned project has already been recommended for HMGP funding through disaster 1785, however
due to FEMA's fund freeze, the project has not been able to receive any funds at this time
.
SCOPE OF WORK:
Collier County proposes to upsize a segment of 1430 ft. feet of six-inch HDPE (SDR 11) pipe to replace the
existing four-inch PVC pipe that leads from the Collier County Landfill to the County wastewater treatment facility
collection system. The project will also include the addition of four pigging stations (to allow for pipe cleanouts),
the addition of new valves and a new flow meter.
This pipe will provide additional capacity to process leachate, which is often generated by storms and
Hurricanes or other emergencies. Being exposed to garbage, leachate is considered hazardous to public health
and safety.
RECOMMENDATION:
The completion of this project is important to avoid any risks to public health and safety. In addition, the Collier
County Landfill and leachate pipe are located near waterways that connect to the Everglades, thus by funding this
project possible risks to the Evergl~des system can be avoided.
It is important to note that after the applicant submitted the HMGP application for this project, the area
experienced several days of rain, which caused an emergency on the landfill's leachate pipe. On May 20, 2009, a .
segment of the landfill's leachate pipe that was to be upgraded through the proposal became blocked, causing a
situation that threatened public health and safety. At this time, the County had to construct/upgrade 1800 ft. ofthe
pipe.
Given the previous emergency event, the imminent risks to public health and safety, as well as the presence of
important and sensitive ecosystems in close proximity to the landfill, the State supports the applicant's requestto
begin construction before the project is awarded FEMA.
. / ~*:tt,
Maria del Mar Lopez [...//~
Environmental Scientist {)
FL DEM I HMGP
. May18,2010
Packet Page -962-
4/26/2011 Item 16.C.3.
U.s. Department ofHomelaad Seeurity
FEMA Region IV
3003 Chamblee Tucker ROI.d
Atlanta, GA 30341
. FEMA
~-t~~~c,,:,.
.
August 12,2010
Mr. David Halstead, Director
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Attention:
Mr. Miles Anderson
Reference:
Hazard Mitigation Grant Program (HMGP) DR-1785-66-~ Collier County,
Construction of 1,430 Feet of 6 inch pipe at Collier County Landfill, Other
Dear Mr. Halstead:
We are pleased to inform you that the subject project has been approved for $439,109 with a Federal .
share of $240,000 and a non-federal share of$199,109. This includes a pre-award approval of
$54,674 for the cost of conducting Project Analysis, Vendor Design, Permitting Costs and Public
Notice. The following is the approved Scope of Work (SOW) for the above-referenced project:
This project proposes to construct 1,430 linear ft of six (6) inch HDPE pipes to replace existing
four (4) inch PVC pipes which leads from Collier County Landfill to the County waste water
treatment facility collection system located at 3730 White Lake Blvd, Naples, Florida, 34117.
The six (6) inch HDPE pipes will be connected to the existing waste water system to provide
additional capacity and flow velocities to process leachate which is often generated by storms,
hurricanes and other related emergencies. The system as proposed will be designed to provide
a 10 year event level of protection and will protect the area from leachate excess flow spills.
The period of performance (POP) for this project is three (3) years from the date of this
correspondence.
Environmental Project Conditions:
· The Applicant must comply with and document all Florida Department of Environmental
Protection (FDEP) permit conditions as outlined in the permit num~r: 52258-354-
DWC/MR, dated January 25, 2010, expires January 25, 2015. Verification of permit
conditions may be required at project close out.
.
www.fcm8.gov
Packet Page -963-
.
.
.
4/26/2011 Item 16.C.3.
· Ifhistoric or archaeological materials (or evidence thereof) are discovered, the Applicant
shall stop work immediately, notify FEMA, and take all reasonable measures to avoid or
minimize harm to the property. The Applicant will not proceed with work until FEMA, in
consultation with the State Historic Preservation Officer (SHPO), detennines that appropriate
measures have been taken to ensure that the project is in compliance with the National
Historic Preservation Act.
The State HMGP Administrative Plan defines the procedure whereby the Governor's Authorized
Representative (GAR) may advance portions of the approved Federal share to the subgrantee. Upon
completion of the HMGP project, the subgrantee's closeout reimbursement for the final Federal
share of eligible project costs must be submitted to the Regional Director for review and
determination.
Quarterly progress reports for the HMGP projects are required. Please include this HMGP project in
your future quarterly reports. Note that 44 CFR 206.438(c) indicates the State must provide a
quarterly progress report to FEMA indicating the status and completion date for each project funded.
The report will include any problems or circumstances affecting completion dates, scope of work, or
project cost that may result in non-compliance with the approved grant conditions.
Section 206.438(d) of 44 CFR requires the GAR to "certify that reported costs were incurred in the
performance of eligible work., that the approved work was completed and that the mitigation
measure is in compliance with the provisions of the FEMA-State Agreement."
The National Environmental Policy Act (NEP A) stipulates that additions or amendments to a HMGP
sub grantee SOW may have to be reviewed by all State and Federal agencies participating in the
NEP A process.
The State (grantee) must obtain prior approval from FEMA before implementing changes to the
approved project SOW. According to the Uniform Administrative Requirements for grants and
cooperative agreements to State and Local Governments:
· For construction projects, the grantee must "obtain prior written approval for any budget
revision which would result in a need for additional funds" [44 CFR Bee)].
· A change in the scope of work must be approved by FEMA in advance regardless of the
budget implications.
· The grantee must notify FEMA as soon as significant developments become known. such as
delays or adverse conditions that might raise costs or delay completion, or favorable
conditions allowing lower cost or earlier completion. Any extensions of the POP must be
submitted to FEMA 60 days prior to the expiration date.
· The grantee must avoid duplication of benefits between the HMGP and any other form of
assistance, as required by Section 312 of the Stafford Act, and further clarified in 44 CFR
206.191.
The obligation report is included for your records. The management report and environmental report
are available in NEMIS for your review.
www.fema.gov
Packet Page -964-
4/26/2011 Item 16.C.3.
The obligated funds are available for withdrawal from Smartlink on sub-account number
1785DRFLPOOOOO005.
.
If you have any questions, please contact Gabriela Vigo at (229) 225-4546.
Sincerely,
~z,~
C;yto/E. Saucier, Chief
Hazard Mitigation Assistance Branch
Mitigation Division
Enclosure
.
.
www.fema.gov
Packet Page -965-
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4/26/2011 Item 16.C.3.
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
RICK SCOTT DAVID HALSTEAD
Governor Director
January 31,2011
Mr. David Jaye
Collier County
3301 Tamiami Trail, Building H, 3rd Floor
Naples, Florida 34112
Re: HMGP DR-1785-66-R (State Project Number 1785-23), Collier County, Construction
of 1,430 feet of 6 inch pipe at collier County Landfill, Other - Request for Review and
Approval of Contract
Dear Mr. Jaye:
The Division of Emergency Management (DEM) is pleased to infonn you that the Federal
Emergency Management Agency (FEMA) has approved the obligation of Hazard Mitigation
Grant Program funds for the project number(s) listed above. Please note that tlris is an eligible
cost-reimbursement contract, and as such, the recipient must make other funding arrangements to
complete this project. However, the recipient may submit periodic requests for payment
throughout the project process, consistent with the terms of the contract.
Please print four (4) copies of the proposed contract between Collier County and DEM. The
official representative, as listed below, will need to sign the signature Page (pg 14) on all four
copies. All four (4) copies of the contract should then be sent to the Division Headquarters at the
Tallahassee address listed below for full execution no later than ninety (90) days after receipt of
this letter for final execution. One fully executed contract will be returned to Collier County.
Official Representatives:
County:
City:
Indian Tribe:
Water Management District:
Non-Profit:
Chairman of the Board of Commissioners
Mayor
Chief or President
Chairman
Chairman of the Board
If there is an official that is not listed above who is authorized to sign the modifications for your
organization, please provide a copy of the organization's resolution or charter that specifically
identifies the person or position that is authorized to sign.
FLORIDA RECOVERY OFFICE
36 Skyline Drive
Lake Mary, FL 32746-6201
. DIVISION HEADQUARTERS.
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Tel: 850.413-9969 . Fax: 850-488-1016
Y! Packet Page -966-l
STATE LOGISTICS RESPONSE CENTER
2702 Directors Row
Orlando, FL 32809-5631
Mr. David Jaye
January 31, 2011
Page Two
4/26/2011 Item 16.C.3.
If you have questions regarding this contract or who is authorized to sign it, please call Holly
Swift at 407-888-3781.
~
Miles E. Anderson
Bureau Chief, Mitigation
State Hazard Mitigation Officer
MEAljm/hs
Attachment
Packet Page -967-
.
.
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