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Agenda 03/09/2010 Item #16C2 Agenda Item No. 16C2 March 9. 2010 Page 1 of 42 - EXECUTIVE SUMMARY Recommendation to authorize the Chairman to sign the grant contract agreement lOHM-88-09- 21-01-012 with the State of Florida, Division of Emergency Management, and authorize the necessary budget amendments, to spend up to $46,773 to install aluminum roll down shutters and supporting equipment on the Collier County Environmental Compliance and Landfill Scale House facility. OBJECTIVE: To obtain Board approval of a contract with the State of Florida, Division of Emergency Management, to spend up to $46,773 to install aluminum roll down shutters and supporting equipment on the Collier County Environmental Compliance and Landfill Scale House facility. This project, funded in part by the Florida Department of Community Affairs' Hazard Mitigation Grant Program (HMGP) will reduce or eliminate the loss of life, public property, public health, safety, and welfare due to natural and man-made disasters by installing thirteen aluminum roll down shutters on the Collier County Landfill Environmental Compliance and Scale House facility. CONSIDERATIONS: On December 5, 2006, the BCC adopted the Integrated Solid Waste Management Strategy which provides for source reduction, materials reuse and recycling, diversion through optimization of existing assets and resources, and obtaining additional facilities. This grant is a best value opportunity which will offset County costs. .- The HMGP is the direct result of the Presidential Disaster Declaration of August 24, 2008, related to Tropical Stonn Fay (J?EMA-1785-15 DR-FL). This grant is designed to harden sites to prevent or limit losses during future stonns and disasters. The HMGP is managed by the Florida Department of Community Affairs, and funding is allocated by the United States Department of Homeland Security, Federal Emergency Management Agency (FEMA). On March 24,2009, the Board approved Agenda Item 16C3, the submission of a grant application for the HMGP to harden the Collier County Landfill Environmental Compliance and Scale House facility. On December 23, 2009, the Florida Depannent of Community Affairs approved Collier County's grant application, contract agreement number 10HM-88-09-21-01-012. During a natural disaster the Collier County Landfill Environmental Compliance and Scale House facility is an essential facility in the process to: . Clear the streets of stonn generated debris to allow emergency personnel to assist citizens . Collect stonn generated debris and rotting food . . Assist businesses, schools and the community to reopen and recover from a disaster . Collect accurate reimbursement data for FEMA for disaster recovery costs . Provide office and housing space for essential Solid Waste Management Department employees and Waste Management Inc., employees who, by contract, operate the landfill on behalf of Collier County. Staff recommends approval of the grant contract to provide additional funding to help maintain low cost disposal fees. _ FISCAL IMPACT: The project cost is $46,773 with a Federal Grant of $35,080 and local share covering 25% or $11,693. Budget amendments are required in the amount of $35,080 for Fund 475 Solid Waste Grants and $1,693 for Fund 476 Solid Waste Matching Funds in Project number 33078. A budget amendment is necessary for Fund 474 in Project number 59005 to move the $1,693 to Fund _..hC.'. .,~., .0_' . c.."...."'-"<."...__,,____._ -,.,-,,~._-,.....- Agenda Item No. 16C2 March 9, 2010 Page 2 of 42 476. The remainder of the 25% match ($10,000) will be comprised of staff time and will not be budgeted, but tracked separately following the requirements ofthe grantor. GROWTH MANAGEMENT IMP ACT: This project supports the goals and objectives of the April 2006 Evaluation and Appraisal Report (EAR) amendments to the Solid Waste Sub-element of the Collier County Growth Management Plan. Specifically, this grant supports Objectives Policy 2 (Disposal) and Policy 2.3 (Pursue State and Federal Grants). LEGAL CONSIDERATIONS: The State of Florida, Division of Emergency Management, requires Collier County to sign the contract first. This item has been reviewed and approved by the County Attorney's Office and is legally sufficient. -JBW. RECOMMENDATION: Recommendation to authorize the Chairman to sign the grant contract agreement lOHM-88-09-21-01-0l2 with the State of Florida, Division of Emergency Management, and authorize the necessary budget amendments, to spend up to $46,773 to install aluminum roll down shutters and supporting equipment on the Collier County Environmental Compliance and Landfill Scale House facility. PREPARED BY: David Jaye, Recycling Specialist, Solid Waste Management Department. ,..... 2 - Agenda Item No. 16C2 March 9, 2010 Page 3 of 42 - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16C2 Recommendation to authorize the Chairman to sign a grant contract agreement 10HM-88- 09-21-01-012 with the State of Florida. Division of Emergency Management. and to authorize the necessary budget amendments, to spend up to $46,773 to install aluminum roll down shutters and supporting equipment on the Collier County Environmental Compliance and Landfill Scale House facility. 3/9/2010 9:00:00 AM Meeting Date: Prepared By Mary Jo Thurston Waste Reduction & Recycling Manager Date Public Utilities Solid Waste Department 11211201011 :42:25 AM Approved By Nathan Beals Project Manager, Associate Date Public Utilities Division Public Utilities Engineering 21412010 10:38 AM Approved By Li nda Best Compliance Manager Date ..--, Public Utilities Division Solid Waste Management Department 2141201011 :23 AM Approved By Dianna Perryman Contracts Specialist Date Administrative Services Division Purchasing & General Services 2/17/20105:24 PM Approved By Dayne Atkinson Project Manager Date Public Utilities Division Public Utilities Engineering 2117120105:37 PM Approved By Jennifer White Assistant County Attorney Date County Attorney Couruy Attorney 2118120104:07 PM Approved By Marlene J. Foord Grant Development & Mgmt Coordinator Date Administrative Services Division Administrative Services Division 2/18/2010 4: 11 PM Approved By Steve Carnell Director - Purchasing/General Services Date - Administrative Services Division Purchasing & General Services 21191201010:39 AM Approved By ~1__11r<.\ A ____-1_'T'__...\T:n____-'-\lCn llA____L r. "'I(\1(\\1f r<r'\l\.TDT'l\.T'T' Ar'-T'l\.TT'lo....\1r....... T"HTT'lT Tr< TT'T' ",,,/"'In1(\ -...' '-'.-.'" '_'____........._<~k._' , ~,.~..~, ,,,-.*.--'.--- ~ Agenda Item No. 16C2 March 9, 2010 Page 4 of 42 Daniel R. Rodriguez Director - Solid Waste Date Public Utilities Division Solid Waste 2/19/2010 11 :56 AM Approved By Thomas Wides Director ~ Operations Support. pun Date Public Utilities Division Utilities Finance Operations 2/20/20101:24 PM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 2/25/20109:07 AM Approved By James W. Delany Date County Attorney County Attorney 2/25/20109:12 AM Approved By Jeff Klatzkow County Attorney Date 2/26/201011:11 AM Approved By Susan Usher Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 3/1/20105:36 PM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 3/1/20105:39 PM .c:l~.IIr<.\ '" ____.J~'T'~_.L\T"'__.~___'_\l'"n ',(____1. f\ '''If\lf\ll[ r<"'-'-"'TC1I'll.T'T' AI'T'1I.TT'\A\lrr< T\Tl1'lTTr'OTT'T' 1/""t ''''1\11\ "~ Contract Number: 10HM-SS.09-21-01-012 CFoA Number: 97.039 FEDERALLY FUNDED SUBGRANT AGREEMENT THIS AGREEMENT Is entered lrito by the State of Florida, Division of Emargency Management, with ~adquerler8ln Tellahassee, Florida (hereinafter referred to ee the "Division"), end Collier County, (hereinafter . referred to as the .Reolplent"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: . A. The Recipient reprasents that It Is fully quallfladand eligIble to receive these grant funds to provide the . ' services Identified herein; and B. The Division hanecelved these grant funds from the State of Florida, and has the authority to subgrant . these funds to the Reclplent upon the terms end conditions bE,llow; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, tha Division and the Recipient agree to the following: (1) ~.^" The Recipient shall perform the work In accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) The Recipient and the Division shall be governed by applicable Stata and Federellaws, rules and . . regulations, Including those Identified In Attachment B. . . (3) 000 This Agraement shall begin August 24, 2008 and shall end Novembsr 24, 2011 unless terminated esrller In accordance with the provisions of Paragraph (12) of this Agreement. (4) Elthsr party may request modification of the proviSions of this Agresment. Changes which ere agreed upon ehall be valid only when In writing, sIgned by each of ths parties, and altached to the original of this Agreement. (6) (a) As applicable, Reclp!ent's performance under this Agresment shall be aubject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Govemments. (63 Federal Register . 8034) or OMS Clrculer No. A-110, "Grants and Agreemen16 with Institutions of High Educetlon, Hospllals, end Other Nonprofll Organizations," and either OMB Circular No. A-87, "Cost Prlnclples for State and Local GOvernments," OMB Circular No. A-21 , "Cost Prlnclples for Educational Institutions," or OMS CIrcUlar No. A-122, "Cost Prlnclples for Nonprofit OrganiZations.. If this Agreement Is made with a commercial (for-prOfit) organization on a cosl-relmbursement basis, the Recipient shall be 8ubJectto Federel AcqulslUon Regulations 31.2 and 931.2. (b) The Reolplent shall retain sufflclent records to show Its compliance with the terms of this . 1 "'~.._--_.~- - ~~ - I I , , Agreement and the compliance of all subcon1raotors or consultants paid from funds under this Agreement, for a pertod of five years from the date the audit report Is Issued, and shall allow the DlvIslon or Its designee, the State Chief Flnanclal OffIcer or the Slate Auditor Generel access to the records upon request. Tite Reclplent shall ensure that audit working papers are available to them upon requsst 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: t. If any Itllgallon. 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 valusd at $6.000 or more at the time It Is acqulrad shell bs rstalned for fIVe years after final disposition, 3. Records relating to real properly aoqulred shall be retained for flva yaars aftar the oIoslng on the transfer of tllle. (c) The Reclplent shall maintain all records for the Reolplent and for all subcontraotors or . . . consultants to be paid from funds provided under this Agreement. Including documentation of all program costs, In a form suffiolent to determine compliance with the requirements and obJeotlves of the Budget and Scope of Work - AlIaohment A - and all other applicable laws and regulations. (d) The Recipient, Us employees or agents, Including allsubcontraotors or consultants to be paid from funds prOVided under this Agreement, shall allow access to Us records at reasonable times to the Division, Its. employees, and agents, "Reasonable" shall ordinarily mean during normal business houre of 8:00 a,m. to 6:00 p.m.,looalllme, on Monday through Friday. "Agents" shall Include. but not be limited to, auditors retained by the Division. (6) (a) The Reolplent agrees to maintain flnanclal procedures and support documents. In accordance with generally accepted accounUng prlnclples,to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for Inspecllon, review, or audit byatate persohnel and other personnel authorized by the Department or the Division. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 6:00 p.m., loeel time. Monday through Friday. (0) The Reclplentshall provide the Department with the records. reports or financial' statements upon requeet for the purposes of audlUngand monitoring the funds ewarded under thls.Agreement. (d) If the Recipient Is a State or loeel government or a non-profit organIzation as defined In OMB Circular A-133, as revised, and In the event that the Recipient expends $600,000 or more In Federal awards In Its flseel year, the RecipIent must have a alngle or program-specific audit conducted In accordance with the provisions of OMB Clroular A-133. as revised. EXHIBIT 1 to this Agreement showa the Federal resources ewarded through the Division by thla Agreement. In determl~lng the Federal awards expended In Its fiscal year, the Reclplentshall . consider all sources of Federal awards. InclUding Federal resources received from the Division. The determination 2 ,- of amounts of Faderal awards expended should be In accordance wllh the guIdelines established by OMB Circular A-133, as revised, An audit of the Reolplent conduoled by the Audllor General In ~ccordence wllh lhe provisions of OMB Clroular A.133, as revised, will meat the raqulrements of this paragreph. In connecUon with the audit requlremants addressed In this Paragraph 6 (d) above, the Recipient ahall fulfill the requirements for audllee responslbllllles as provided In Subpart C of OMB Circular A.133, as revised. If tha Reclplenl expends lees than $500,000 In Federal awards In lis fiscal year, an audit conduoled In aooordance with the provisions of OMB Circular A-133, as revised, Is not required, In the eventlhal the Reolplent expends lass lhan $500.000 In 'Federal awards In lis fiscal year and ohooses to have an audit conducted In accordance with the provisions of OMB Circular A-133, as revised, the cost of the audll must be paid from non- Federal funds. (e) Send copies of reporting paokages for audlls conduoted In aooordance with OMB Clroular A. 133, as revlsad. and required by sUbpara'graph (d) above, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient to: The Division et each of the following addresses: Department of Communlly Affairs Office of Audit Services 2555 Shumard Oak Bouleverd Tallahassee, Florida 32399-2100 [also send an electronic copy to ar and Division of Emergency Management Bureau of Recovery end Mltlgellon 2555 Shumard Oak Boulevard Tallahassea, Florida 32399-21oo The Faderal Audit Clearinghouse designated In OMB Circular A-133, as revised (submll the number cf copies required by Sections .320(d)(1) end (2), OMB Circular A-133. as revlsad), at the following address: Federel Audit Clearinghouse Bureau of the Census' 1201 Eest 10th Street Jeffersonville, tN 47132 Olher Federel agencies and pass-through entities In eccordance with Seollons .320 (e) and {f}, OMS Circular A- 133, as revised. (I) Pursuant to Seotlon .320 (f), OMB Circular A-133, as revised, the Reolplenlshallsend a copy of the reporllng package descrlbed.ln Secllon .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 Communlly Affairs Offlce of Audit Services . 2655 Shumard Oak Bouleverd Tallahassee, Florida 32399-2100 [also send an eleotronlc copy to I 8 d end "" 3 - .-" ,--_.__.,,~..,~ , ~."..~,.,~,-,- '.-.'-.-- , .-. Division of Emergenoy Management Bureau of Recovery and MltlgaUon 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) By the dete due, send any reports, managementleller, or other InformaUon required to be submitted to the Division purauant to this Agrsement In accordance with OMB Circular A-133, Rorlda Statutes, end Chaptera 10.550 (local governmental entlllea) or 10.650 (nonprofit and lor-profit organlzallons), Rules of the Auditor General, as applicable. (h) Recipients ehould state tha date that the reporting package was dalivered to the Recipient when submlUlng financial reporllng packages to the Division lor audits done In accordanca with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 <nonprofit and for-profit organlzellons), Rules of the Auditor General, (I) If the audit shows that all or eny porllon of the IUnds disbursed were not spent In accordance with the condlllons of this Agreement. tha Recipient shall be hald liable for reimbursement to the Division of all funds not epentln accordance with these applicable regulations and Agreement provisions within thirty days after the Division has nolffled the Recipient of such non-compliance. (J) The Recipient shell have all audits completed by an Independent certified pUblic accountant (IPA), either e certified pUblic accountant or a public accounlantllcansed under Chapter 473,.EllL..S.Iil. The IPA shell state that the aud!! 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 Reclplent's fiscel year. (7)~ (a) The Reclplant shall provide the DIVIsion with quarterly reports and e close-out report. These reports shall Include the current status end progress by the Recipient end all subreclplents and suboontrectors In complellng the work described In the Scope of Work and the expenditure of funds under this Agreament, In addlllon to any other Informallon requested by the Division. (b) Quartorly reports are due to the Dlvtslon no later than 16 days after the end of each quarter of the program year and shall be sent each quarter until submlaslon of the administrative close-out report. The ending dates for each quarter of the program year are March 31. June 30. September 30 and Deoembe~ 31. (c) The close-out report Is due 60 days after termination of this Agreemant or 60 days after complellon of the aotlvltles contained In this Agreement, whichever first occurs. (d) If all required reports and copies are not Bent to the Division or are not completed In a manner acceptable to the Division, the Division may withhold further payments unlllthey are completed or may take other aotlon as stated In Paragraph (11) REMEDIES. "Acceptable to the Division" means thatlhe work product was complated In accordance with the Budget and Soope of Work. (e) The Recipient shall provide addU/anal program updates or Information that may be required by the Division. 4 -. (f) The Recipient shall provide additional reports and Infonnatlon Identlf1ed In "- Attachment F. (8)~ The Reolplent shall monitor lis performanos under this Agreemen~ as wetles that of Its subcontractors end/or consultsnts who are paid from funds provided under this Agresment, to ensure that time schadules are being met, the Schedule of Dellvarables and Scope of Work are beIng accomplished within the speqlfled time periods, and other performance goals are being achieved. A review ehall be done for each function or activity In Attachment A to this Agreement, and reported In the querterly report. In addlllon to reviews of audlls conducted In accordance with paragraph (6) above, monitoring . procedures may Include. but not be limited to, on.slte visits by Dlvlslon etaff. limited scope audlls. and/or other procedures. The Reolplent agrees to comply and cooparate with any monitoring procedures/processes daemed appropriate by the Division. In the event that the Division or the Department determines that a limited scope eudlt 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 suoh audl!. The Recipient further agrees to comply and cooperate with any Inspections. reviews, Investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition. the Dlvlslon will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of ell tasks. (9) J.IAllli.IIY (a) Unless Recipient Is a State agency or subdivision. as defined In SecUon 768.28. ~ the Recipient Is solely responsible 10 parties II deals with In carrying out the tenns 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. Reclplent agrees thatll 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. ~ sgrees to be fully responsible for lis negligent or tortious acts or omissions whIch result In claims or suits egalnst the Division, and agrees to be liable for any damages proximately caused by the aels or omissions to the extent set forth In Section 788.28. ~ Nothing herein Is Intended to seNe 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 eny matter ertslng out of any contract. (10) QliEAl.!bI If any ofiha following events occur ("Events of Defaulr~. all obligations on the part of the Division to make further payment of funds shall, If the DivisIon elects, terminate end tha Division has the option to exerolaa any of Its remedies set forth In Paragraph (11). However, the Division may make payments or partial paymentaafter any Events of Default without waiving the right to exercise such remedies, and without becoming liable to mske any further payment: (a) If eny werranty or representation made by the Recipient In this Agreement or any previous agreament with the Division Is or becomes false or misleading In any respect, or If the Recipient falls to keep or 5 .-~.- '--,--- _.,,-~,-- ,.. ~.~",'."' -- perform any of the obligations, terms or covenants In this Agreement or eny previous agreement with the Division and has not cured Ihem In timely fashion, or Is unable or unwilling to meet Its obligations under this AgreemeF)t; (b) If material advarse ohanges occur In the financlsl condition of the Reclplent at any time during the term of this Agreement, end the Reclplent fsllsto cure this adverse change within thirty days from the date written notice 18 sent by the Division. (c) If any reports required by thle Agreement have not been submitted to the Division or have been submitted with Incorrect, Incomplete or Insuffiolent Information; (d) If the Recipient has failed 10 perform and complete on time any of Its obligations under this Agreement. (11)~ If an Event of Default occure, then the Division may, efter thirty calender days written notice to the Reolplent end upon the Recipient's fellure 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 Reolplent Is given alleast Ihlrly deys prior written. notice of the termlnetlon. The notice shall be effective when placed In the United Slates, first class mall. postage prepeld, by registered or certified mall-return racelpt requestoo, 10 the address In paragraph (13) herein; . (b) Begin an appropriate legal or equitable aotlon 10 enforce performance of this Agreement; (0) Withhold or suspend payment of all or eny part of a request for payment; (d) Require thatlhe Recipient refund to the Division any monies used for Ineligible purposes under . the laws, rulee end regulations governing the use of these funds. (e) Exercise any corrective or remedial actions, to Include but not be limited to: 1. request addlllonallnformallon from the Reolplent to determine the reasons for or the extent of non:compllance 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 aotlvltles In question or 4. require the Recipient to reimburse the DlvIslon for the emount of costs Incurred for eny Items determined to be Ineligible; (I) Exercise any olher rights or remedies which may be avallable under Jaw. (9) Pursuing eny of Ihe above remedies will not stop the Division from pursuing any other remedies In this Agreement or provided etlaw or In equity. If the Division waives any right or remedy In this Agreement or . fells to Insist on slrlct performance by Ihe Reolplent, It will not affeot, extend or waive any other right or remedy of the Division, or affect the laler exercise of the same right or nimedy by the Division for any other default by the Reolplent. 6 ,- (a) The DIvision may terminate this Agreement for cause after thirty days wrllten nollce. Ceuse 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, ~., as amended. (b) The Division may terminate this Agreement for convenience or when II determines. In Us sole discretion. that continuing the Agreement would not produce beneflclel resulla In line with the further expendllure of funds, by providing the Recipient with thirty calendar daya prior wrlllen nollce. (c) The parties may agree to terminate thle Agreement for their mutual convenience through a written emendment of this Agreement. The amendmant 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 Iermlnated. the Reo1plent will not Incur new obligations for the terminated portlol) of the Agreement after the Reolplent has receIved the notlflcetlon of termInation. The Recipient will cancel as many outstanding obllgallons as possible. Costs Incurred after receipt of the termination notice will be disallowed. The Reclplent 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 Reo1plent for the purpose of set-off untft the exect amount of damages due the Division from the Recipient Is determined. (13) _ (a) 1\11 notices prOVided under or pursuant to this Agreementahall be In wrlUng. either by hand . . delivery. or firet class. certified mall, 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: (12) Ms. Kathleen Marshall. Plannlng Manager Bureau of Recovery and MIUgatlon Division of Emergency Management 2655 Shumard Oak Boulavard Tallahassee, Florida 32399 Telephone: (850) 922-5944 Fax: (850) 922-1269 . E.mall: kathleen.marshall@em.my!1orlda.com (0) The name and address of the Representative of the Recipient responsible for the adminIstration of this Agreement Is: . Mr. David Jaye, Recycling Specialist Collier County 3301 Tamlaml Trail East Sulldlng H, 31d Floor Naples, Florida 34112 Telephone: (239) 252-7620 Fax: (239) 774,9222 Emall:davldJaya@coIl1ergov.net . -, (d) In the event that different reprasentatlves or addresses arEl deSignated by ellhar party after 7 . . . -,.._,,~._-~_...._,._".,"- --,~,.."..... , , execution of this Agreement, notice of the name, title and address of the new representative will be provided as oulllned In (13)(a) abova, (14) If tha Recipient suboontracts any of the work required under thIs Agraemant, a copy of the fully executed subcontract must ba forwarded to the DIvision \\1thln ten days of execution for review end approval. The Recipient agrees to Include In the subcontract that (I) the subcontractor Is bound by the terms of this Agreement, (II) the subcontraotor Is bound by sll applicable state and federal laws and ragulallons, and (III) the aubcontractor shall hold the Division and Recipient harmlass agelnst all claims of whatever nalure ariSing out of tha subcontraotor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall . . documant In the quarterly report the suboontractor'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 vandor, as defined In Seollon 288.703, &l!IiIl. (15) 0 This Agreement contains all the terms and conditions agreed upon by \he parties. (16) (a) All attachments to this Agreement are Incorporated as If set out fully. . (b) In the evant of any Inconsistencies or confllot between the language of this Agreement and the attschmimts, tha language of \he attachments shall control, but oriy to tha extent of \he contllct or InconsIstency. (c) This Agreement has the follo\\1ng attaohmants: Exhlbll1 . Funding Sources Attachment A - BUdget and Scopa of Work Attaohment B - Program Statutes and Regulations Attachment C - Statement of Assurances . . Attachment D - Request for Relmbursement Attachment E - Justification of Advance Allachment F - Quarterly Report Form Attachment G - Warranlles and Represantallons Allaohment H - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (17) (a) . This Is a cost-relmburesment Agreement. The Recipient ahall be reimbursed for costs Incurred In the satlafactory performance of work hereunder In an amount not to exceed ~ 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 SeotJon 218.181(18), ~and Is conllngent upon (ha Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. . 8 ,,_. The amount which may be advanced may not exoeed the expected cesh needs of the Recipient wltlJln the flretthree (3) months of the contraot term. For a federally funded contract, any advance payment Is also sub)ectto federal OMB CIrculars A.87. A-110, A.122 end the Cash ManagsmentlmprovementAcl of 1990. If an advance payment Is requested, the budget data on which the request Is based and a justlflcaUon statement shall be Included In this Agreement as Attachment E. Attaohment E will speolfy the smount of advance payment needed and prOVide an explanation of the necessity for and proposed use of these funds. An advance payment of $ Is requested. (c) After the InUlal 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. If the necessary funds are not available to fund thIs Agreament as a result of action by the UnIted States Congress, the federal Office of Management and Budgeting, the State ChIef Flnanolal Officer or under subparagraph (19)(h) of this Agreement, ell Obligations on the pari of the DivisIon to make any further payment of funds shall terminate, and the Recipient shallsubmlllls closeout report within thirty days of receiving notice from the Division. - (18) P All refunds or repayments due to the Division under this Agreement are to be made payeble to the . order of "Depertment of Community Affaire", and mailed dlracUy to the following address: Department of Community Affairs Ceehler Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399.2100 In accordance with Seellon 215.34(2), ~ If a check or other draft Ie returned to the Division for collection, RecipIent shall pay the Division e service fee of $15.00 or 6% of the face amount of the returned check or draft, whlohevar Is greater. (19) 0 (a) The validity of this Agreement Ie subJeot to the truth and accuracy of ell the Information, representations, and materials submitted or provIded by the Rec1plentlri this Agreement, In eny later submission or . response to e Division request, or In any submission or response to fulfill the raqulremenls of this Agreement. All of eald Information, representations. and materials Is Incorporated by reference. The Inaccuracy of the submissions or any material changes shall. at Ihe option of the Division and with thirty days written notice to the Reclplsnt. 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 lews of the State of FlorIda, and venue for any ectlons arising out of this Agreement shell be In the Circuit Courl of Leon County. If any provision of thla Agreement Is In conflict with any eppllcable statute or rule, or Is unenforceable, lhen the provIsion shall be null and void to the extent of the conflict. and shall be severable, but shall not Invelldate any other provision of this Agreement. (c) Any power of approval or disapproval granted 10 the DivisIon under the terms of this Agreement 9 "_.~ shall survive the term of this Agreement. (d) The Agreement mey be executed In any number of counterparts, anyone ofwhloh may be taken as an original. (e) The Recipient agrees to comply wlth the Americans WlIh Disabilities Act (Publlo Law 101-336, 42 U.S.C. Section 12101 ~, whloh prohibits discrimination by public and private entities on the basis of disability In employment, public accommodallons, transportallon, State end local government services, and telecommunications. (f) Those who have been placad on the ~ vendor list following a convlcllon for a public entity orime or on the ~ 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 wlth a public entny for the construction or repair of a publIc . building or pUblic work, may not submit bids on laases of real property to a pUblic entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant undar a contract wlth a publlo entity, and may not transact business wlth any publlo 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. (g) Any Recipient which Is not a local government or state agenoy, and which receives funds under this Agreement from the federal government, certifies, to the best of Its knowledge and belief, that It and lis prlnclpels: 1. are not presently debarred, suspended, proposed for debarment, dedared Ineligible, or Voluntarily excluded from covered transactions by a federal department or agency; 2. have nol, wlthln a flve-year period precadlng this proposal been convicted of or had a civil Judgment rendered against them for fraud or a crIminal offense In connection wlth obtelnlng, attamptlng to obtain, or performing a publiC (federal, state or local) transaction or contract under public trensactlon; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statemenls, or receiving stolen property; 3. are not presently Indicted or otherwlse criminally or civilly chargsd 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 wlthln a five-year period preceding this Agraament had one or more public transactions (federal, state or local) lermlnated for cause or default. If the Recipient Is unable to certify to any of the statements In this certification, then the Reclplent shall attach an explanation \0 this Agreement. In addition, the Recipient ahslleend to the DivisIon (by emall or by faoslmlle transmission) the completed "Certlflcatlon Regerdlng Debarment, Suspenslon,lnellglblllty And Voluntary Exclusion" (Attachment H) for each Intended subcontraotor which Reolplent plans to fund under this Agreement. The form must be received by the Division before the Reolplent 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 Leglslalure, and subject to any modification In accordance wlth Chapter 216, ~. or the Florida Constitution. . 10 .- (I) All bills for fees or other compensation for services or expenses shall be submllted In detell sufficient for a proper preaudit and posteudlt thereof. 0) Any bills for travel expenses shall be submitted In accordance wlth Seollon 112.061, ~. (k) The Division reserves the right to unilaterally cencel this Agreement If the Recipient refuses to . allow public access to all documents, papers, letters or other meterlal subject to the provisions of Chapter 119, EIa.. ~., which the Recipient created or received under this Agreement. (I) If lhe Recipient Is allowed to lemporarlly 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 pey the contraot amount. (m) The State of Florida wlll notlntenllonally award publicly-funded contracts to any contractor who knowlngly employs unauthorized ellen wcrkers, constituting a vlolallon of the employment provisIons contained In 8 U.S.C. Section 1324a(e) [Seotlon 274A(e) of the Immigration and Nallonallty Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized allens a violation of Seellon 274A(e) of the INA. Suoh violation by the Reolplent of the employment provisions oontalned In Seotlon 274A(e) of the INA shall be grounds for unllaterel cancellation of this Agreement by the DivisIon. (n) The Recipient Is subJeot to Florida's Government In the SunshIne Law (Section 286.011, EIa.. lllm. ) wlth respect to.the meetings of the Reolplent's governing board or the meetings of any subcommittee . making recommendations to the governing board. All of these meetings ehall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, avellable to the public In accordance wlth Chapter 119, ~ (D) All unmanufactured and manufectured ertlcles, materiels and supplies which are acquired for public use under this Agreement must have been produced In the United States as required undar 41 U.S.C.10a, unlesa It would not be In the public Interest or unreasonable In cost. (20) (a) No funds or other resources received from the Division under this Agreement may be used dlrecUy or Indirectly to Influence legislation or any other official acllon by the Florida legislature or any state agency. (b) The Recipient certifies. by Its signature to this Agreement, that to the besl of his or her knovAedge and belief: _.. ,- -'~'" 1. No Federal appropriated funds have been paid or vAil be paid, by or on behalf of the undersIgned, to any person for Influencing or attempting \0 Influence an officer or employee of eny egency. a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congrass In connection with the awarding of any Federsl contract, the making of any Federal grant, the makIng of any Federelloan, the entering Into of any cooperative egreement, and the extension, continuation, renewal, amendment or modlflcation of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federel epproprlated funds have been paid or vAil be paid 10 any person for Influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer Dr employee of Congress, or an employee of a Member of Congress In connection wlth this Federal contraot, 11 ~,,-.~- ,.. '--'-~ grant, loan or oooperaUve agreement, the ReclplentBhafl complate and submIt Standard Form-LlL, "Disclosure Form to Report lobbying.. 3. The Reclplentshall requlra that this certlflcaUon ba Included In the award documents for all subawards (Including subcontracts, SUbgrants, and contracts under grants. loans, and cooperative agreements) and that all subreolplents shall certify and disclose. This certlflcetlon Is a material representation of feel upon which reUance was placed when thIs transection was made or entered Into. Submlselon of this certlfloaUon Is a prerequisite for making Dr entering Into this transaction Imposed by Section 1352, Title 31, U.S. Code. Any person who faUs 10 fjle the requIred certification . shall be sUbJeot to a civil penalty of not lase than $10,000 and not more than $100,000 for each such failure. (21) ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WfTH 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. (e) If the Recipient has a pre-existing patent or copyright. Ihe Recipient shall retain ell rights and entlUements 10 that pre-existing patent or copyright unless the Agreement proVides otherwlse. (b) If any discovery or Invention Is developad In the course of or as a result of work Dr services performed under this Agreement, or In any way connected wlth II, the Recipient shall refar the discovery or Invention to the DIvision for a determlnaUon whether the State of Florida will seek patant protecUon In Ita name. Any patent rights accruing under or In connection wlth the performance of this Agreement ere 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 wlth the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Wllhln thirty days of execution of this Agreement, the RecipIent shall disclose all Intellectual properties relaUng to the performance of this Agreement whloh he or ehe knows or should know could give rise to a patent or copyright. The ReCipient shall retain aU rights and entitlements to any pre-exlstlng Intellectual property whloh Is disclosed. Failure to disclose wllllndlcete that no such property exists. The Division shalllhan, undar Paragraph (b), have the right to aU patents end copyrights which aOC(ue during performance of the Agreement. (22) LEGAL AUTHORIZATION The Recipient certifies that II has the lagal authority to racelve Ihe funds under this Agreement and that lis governing body has authorized the execullon and acceptance of this Agreement. The Reolplent also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. (23) The Recipient shall comply wlth any Statement of Assurances Incorporated as Allachment C. 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: COLLIER COUNTY BY: Name and lille: FRED W. COYLE, CHAIRMAN FID# 59-6000558 ATTEST: DWIGHT E. BROCK, CL[R( Date: . - ",.\_- ._." _,~. ..... .'_n.__~......"_'" 1"/".,.'" STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT BY: Name and Tille: Ruben D. Almaguer, Interim Director Date: -- ~prown;i III to form & legal Suffill~nG)f '. , , .- ~131O~ - .'#~~~~,""",..,.""", AoolBtant COtlotv ft,UomGv . . - 13 _.-----"--_..~-,-_..._. ...,,,~--"~_. - EXHIBIT - 1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT: NOTE: If the resources ewarded to the ReclplllTlt aTll from more th.n one Federal program, provlda the samelnfoTmatlon .hown below for eaoh Fed"",1 program and show totsl Federal TlIsources .w8Tded. Federel Program: Federal EmelTlency Mlmagemant Agency, Hazerd Mitigation GT8nt Catalog of Fedel'll' Domestic Assistance Number: 97.039 Amount of Federal Funding: $36,080.00. THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: NOTE: If the resources awarded to the Recipient repTllsent more than one FedeT81 program, list eppllcsble compliance requirements for each Federal program In the slime manner as shown below, Federal Program: , List applicable compliance raqulremants es follows: , 1. RecIpient le'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 prolectlon measures . Storm water management Improvements . Minor structural flood control proJects . Relocation of structures from hazard prone araas . Retrofitting of eXisting buildings and facilities for shelters . Vegetative management/soli stabilization . MitIgation Planning Project . O1her projects that reduce future disaster losses 2. Reolplent Is subject to all administrative and financial reqUirements ae eet forth In thIs Agreement, or will be In Violation of the terms of the Agreement, ' NOTE: Instead of IIsUng the specific compliance requirements as shown above,the stete awarding agency may elect to use IlIngullge thllt requires the Recipient to comply with the requirements of eppllcable provisions of specific laws, rules, reguletlons, e/c. For exemple, for Federal Program 1, thelangusge may 8/ate that the Reclp/ent must comply wllh specific laws, rules, or regulations that pertain to how the awarded resources must be used or how eligibility de/ermlnatlons are to be made. The State ewardlng agency, If pr8ctlca/, may want to 81/ach a copy of the specific law, rule, or TlIgula/lon referrad to, . NOTE: Sectlcn AOO(d) of OMS Circular A-133, as revl,sed, end Sectlon 215.97(5Xa), Florida Statutes. requIre that the Infcrmatlon about Federal Programs and State Projects Included In Exhibit 1 be provided to the Recipient. 14 -- Attachment A Budget and Scope of Work As a Ha%ard MlUgatlon Grant Program project, the Recipient, Collier Counly, shall wind retrofit the Environmental Compliance and landfill Scale hcuse located at 3730 White Lake Boulevard, Naples, Florida 34117, by Installing automatlo aluminum rcll down shutters for all openings of the structure. The facility perform an essential service altar hurricane evente and others disasters by clearing streets tc allcw emargency pereonnelto assist citizens and collecting debris thus assisting businesses, schools and pUblic services to raopen and recover from disaster events. Glllzlng In bulle/lngs shllll blllmpaot reslstllnt or protectlld with an Impact resistent covering mlletlng the requlremllnls of SSTD 12, ASTM E 18861lnd ASTM E 1996, ANSI/DASMA 116 (for garagll doors and roiling doors) or Miami-Dade TAS 201, 202 and 203 or AAMA 606 referenced therein as follows: a) Glazed openings located within 30 feet (9,1 m) of grllde shall meat the requIrements of the Lerga MIssile Test, b) Glllzed openings loclllad mora thlln 30 feel (9.1 m) above grllde shall meet the provisions of the Smllll Missile Test. c) Louvers protecllng Inteke and Ilxhaust ventllallon ducts not assumed to be open thlll ere locllted within 30 fllel (9144 mm) of grllde shllll meet requlrllm8nls of/he Lerge Missile Test. Impact-resls/ant coverings shllll be tested af 1,6/1mes the design pressure (positive or negallvll) expressed In pounds per square fellt as determined by the Florida Building Code, Building Sectlon1809 for which the specimen Is to be tested. .~.'- This Is FEMA project 1785 .15.R, funded under 1785-DR-Fl. The Period of Performance for this project ends on Ncvember 24, 2011, Appltcation Preparation: Permitting: Blddlng: Installation: Weather Delays: Total PerIod of Performance: 15 Months 4 Months 2 Months 25 Days 8 Months 5 Days 6 Months .LM2nlhi 39 Months The materials and work funded pursuant to Ihls Subgrant Agrllllmllnt are Intllndlld 10 decrease the vUlnllrabllltyof thll building to propllrty losses and are speolflclllly nollntended to provide for the safety of InhabItants before, during or aftllr a natural or mlln made disaster, - , , The funding provided by the Division of Emergenoy Management (DEM) under this subgrant Is only Intended to pay for the materials and labor for the Installallon of atorm shuttllrs and/or other hllrdenlng activities e8 a retrofit measure for the Rec/plllnt's building to reduoll end/or mltlgatll the dllmBgIl that might othllrwlsll occur from SIlVllre wllalher or other hazards. The funding of this project by the Division In no way confers or Implies any waITanty of use or suitability for the modlfloatlons madll or Installed, The State of Florldll diSClaims all walTantles with regard to this mitigation projllct, express or Impllad, Including but not limited to, any Implied welTantles and/or coMlllons of satisfactory quality end fitness for a particular purpose, merchantability, or merchantabla quality, This project has not been evaluated as meeting the standards of the Department of Homeland Seourlty, Faderel Emergency Management Agenoy (FEMA) liS outlined In thll guldanCll manulI/, FEMA 3B1-Daslgn end Construct/on for dOmmunlty Shlllter, It Is understood Ilnd agread by the Division Ilnd thll Rllclplent that the building has 15 ..,..._._*~___..., , '_H' of the mll/gatlon measures funded under this Subgrant Agreemsnt, It Is further understood and agreed by the Division and the Recipient thet this mll/gatlon project Is not Intendsd to make the building useable as a sheller for the Recipient's steft or any other citizens In the event of any natural or man-made disaster. If deemed necessary, ...nnd proleotlcn ...nil be provided on any other openings euch as skyllghte, vente, louvere and exhaust fans, A1llnstallaUcne...n1l be done In strict compliance ...nth the Florida Building Code epeclflcetloneand aU materials ...nil be cartlfled to meet the ...nnd and Impact standards for ...nnd up to 150 mph. The local munICIpal or county building department ...nlllnepsct the Installation. ~ Ploject Cost Federal Share Local Share Subcontract for materlale and ~M73,OP $46,773.00 ~ $35,080.00 $.1.1..lm.OO $11,693.00 Total: . Any line Item emount In this BiJdg6t may be Increesed or d6creaS8d 10% or less without an amendment to this Agreem6nt being required, so long as the overallemount of the funds obligated under this Agreement Is nol Increasad, Fedaral Share: ~ Tota' Project Cos!:" $35,080.00 (76%) ~(26%) $46,773.00(100%) "The proJact cost Is Inclusive of admln/stret/ve cost, 16 lRAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANT8 PROGRAM Obllllallon Report wl61gnalure8 Amendment Stale AcUon Supplamantal No AppllcaUon 10 No No Steta -- ...._._~-_....... -.--.- .- '--' --- ..-.- 1 24 1 16 FL Stolawlde HMGP.Ofl.02 1111612009 16:38 -'" Dlsealar FEMA No Projad No _~_._ - On .__ 1786 16.R Grantea ---_. Subgranlee: Collier (County) Subgrenle. FIPS Code; 021.99021 Project TRIe: CoRter County, Environmental Compliance & Lendfil1 Scale Houae, Wind Retronl Tolal Amount Previously Allocated Totel Amount Prov1ously Obllgaled TotelAmounl Total Amount Avalleble Pending ObligaUon for New Obllgellon 535.080 $38,080 $0 $0 Project Amount Grent.. Admin Est Subgranlae Admin Esl Tolo' ObJIgollon IFMIS Date IFMIS Status FY $35,060 $0 $0 $35,080 1111612009 Acoept 2010 ~ . Dale: 1111612009 User Id: LRYOER Comment: obllgaUon for 1785 project. Dele: 11/1612009 User Id: DBURKETT - Comment: Thl. proJact will Involv.d Insl.II.lIon of Flortda Building Cod.., to proteolell opening. from .Ilong hurrteane winds throughout. Awr HMO ~ Preparar Name: LONNIE RYDER HMO Authorization Name: DEBORAH BURKETT Praparallon Dala: 11/1612009 HMO Authortzation Data: 11/16/2009 Aut rlzlng Official Signature 11-17-0Q . Authorlzallon Date . Authorizing Official Signature Authorizing Official Tille Authorization Date 16-A . ....- .. .... . .~."-" _w_.._"_~___. "", Olf..ter' FEMA . Number Pro)ecl Number .11e5 16-R , Subgr.ntee: . Collier (Counlyj FIPS 'Code: 021.9\1021 Amendment Number' 1 '. "EOERAL EMERGeNCY MANAGBMI!NT AGENCl' HAZARD MITIGATION GRANT PROGRAM' Project Manegement Report . App 10 stete O",ntee HMOP-AP-Ol t1/1912009- 1:17PM 24 FL SlIIlewJde , Proje<:l TlU. : CollIer County. Environmental Compliance & LlIndnU Soolo House, Wind ReI . ' . . Amendment8lalll8 I Approved . ~--~'" "...,""', ....~.Ifl(". ~tl-~'IOl.'~""""",,",~ , rtl~~l C\oIIIr~ . _....... ......~l'-: IJI6M .1. 'ICWoIrIr...ll. ClIIlor .....~t>r,Altl "t. ok'Cl;r,.ar,'CWt, I! . ~.P/IoIlII.....,o.&or"'" t,~.....fIottN,fo.tI Q!8W~' ..-.n.ClIMl . ....41..~ClNU tt\lIl P'4d~MI Ul;l-'"' . . 1l:ullIlRlliln UU4.Ilill ~~ . 00l00IIl000 00I00/ll000 0100OO . . llOIDO/IlIlOQ 0010OIOOOO , 0010OIOOOO 00I00/ll000 00100100OO . 0010OIOOOO 00I00/ll000 00100/000O 00100/0000 OOIOO11lOoo 00100/000O 0010010000 0010OIOO00 00100IOOOO 0010O(0000 QOIOO/OOOO 00100I0000 : 0010O/0000 00/00/0000 0010010OOO lfOIOOIOOOO 0010OIOOO0 0010OI0000 0010OI0000 0010010000 0010O/0000 00100 . l Totel Approved Net EligIble $46.77~ I :. Federel Totel Approved Sl1are Percenl Fedelel Shere Amcunt . 78.oooooooo<I I $35,o8tj I NorH'ederet Totel APproved She", Percent NorH'ed shille Amount 26,OOO~ I $11.6~~ ~ Allooetlon IFMIS IFMIS Number Sletus Dele 8 A 11/1012009 Subml$&lon Oete FY 1110512009 2010 SS Suppo~ ReqlO 1761493 2 . l: $88,0slI1 $3&,oeq I Total Alloo Amount $s&,Oeq $38.oeq Totell !lI!IllI!!!l2Il Action IFMIS IFMIS Submission Nr Slstus Dele Dele 1 A 11/1612009 11/1612009 ES Support ES Amend Suppl Project Ob~sted Grantee AdmIn Subgrenles FY ' Rsq 10 Number Nr AmI. ~d She.. Amount Admin Amount 2010 1799772 16 '16 I $3~,~ I" 'ql . $ql Totol I ' $88.oaq I 'cjl . Slll.. TotelObllgated Amount $~6,08~ "a.oe~ 16-B . . 10121fZOO9 '11:61 AM - IIImr FEMA ' mber project Number 17811 16-ft . Subgra_: Oolller (Counly) PIPS 0000: 021-09021 FSMA Lawel&Oa Amendment Number o . lawal&Oa COatla1 Barriers ReSOIllCllI Am (CBRA) Cleen Weier Act (OWAl . COlls1e1 Zone Manog.ment Ani (ClMA) . . Endongorad Specie. Act (EsAl Floh and Wlldllle Coordlnetlon Act (FWCAl . _. 'tlonal Historic Pleaervollon Act (NHPA) Oleen Air Act (eM) . 1:.0.11988: FloodplaIns E.O.l1~: Wetland.' ,)ERAL EMERGENCY MANAGEMENT ACJE"""v HAZARD MITICJATtON GRANT PROGRAM IllW1ronmenlal ~poJt HMGP-EV-Ol' . , , I , , , , , , AppID Slale Granlee 24 ' FL Statewide Project TItle : Comer Coun!)'. Envlronmentel ComplIance & LandAII Seale HO\l$fl. Wind Ret Stetue Completed . Completed . Oomplelad Completed . . Complelad Complolod Completed Completed Completed E,O. 12898: I:nvlronmenlel Juolloo for Low Income and Mlnon!)' Populations Completed . FSMANEPAP_ FSMA Sletue Celex - Completed (fQJIoxv..rdfn.rycl",""",.,,, "'1111I,14 114dI1.. "8'1/11""'" .n"roII"""lalll/lpacl (IU #CI'/l/M (~(J)), on ElwI,..n,A,.._n' ,ha/1 ho propo"tf. o No EJdraordlnary Clrcurnalencee Requlrtng an EA. Documentation Complete1012112OO9, . 16-C 1 CArE)( rypa Gode 16, Rep.lr, replece. reato"" Ietroflt, upgrade to currant code. and atandenla, Or ",piece a /aolllty (xv) ,- " . '-OERALEMERGeNCYMANAGEMENTAOE~~V HAZARD MITIGATION GRANT PRO~RAi-I Environmental Report HMGP.EV.Ol 1012112009 11:61 AM . OlB8atel FEMA Number Pm/ect Number lTBB 18-R 8ubgflmtee: Collier (County) PIPS Colle: 021-99021 Amendment Number . o ApplD Slata Granleil ' 24 FL Slalew1de . proJool Title: Collier County, Envlronmantal Compliance & Landfill SOlie HaUte, Wind ReI Monltortng Monitoring Complated Entered By Requlrad Date By Lonnie L Ryder 0 00100J0000 CondtUol18 I)OAnY change to the epp~ aoope of walk WIll require _eluallon for compliance w1lh NePA end other Lam and Required (4000) 1t1l8cu1lve Oldera. . 2)DThlo revlew doea nol oddr* ell federal, Ilete, end looal reqUlremenla. Act$ptance of f1ldaral funding requlrel recipient 10 comply w1lh aU faderal, 8I8le and Iooallewa. Fellure 10 oblaln ell approprtate federal, Itate and loealenvlronmental parmlta and cIaa..ncel mOl' Jeopalllb:e feele..1 funding. . 3)OIf ground dlslultilng IctMtle8 ocour durtng construction, epplloant WIll monitor ground dlalurbance and II any pDl8n\laI aroheologloel reaouroea are dlaoova..d will Immadlalaly ceaa. conalruollon In that erea and noUIy Ute Stale and FEMA. !!l!ndard CoOl!f!lona I. Any obangalo Ihe.approved scope otmlk WIll require nHvaluatlon for compliance w1lh NEPA end other Lawa and Executive Oldore, 2. Thre ",vlowdou not addre.. all fed.",I, alal8 and 10081 ",qulrernanta. Acoeplanoe of fedarol funding laqulr.. reclplant to comply w1lh aU federal, state and looellam. Failure fa obtain all approprtate fedlrel, 'tete and I_I envlrOMlantal parmlta and clNranoea may jeopardize federal funding, 3. If ground disturbing eotlvHlee occur during conalructlon, eppllc8nt will monitor ground disturbance and II ony potanllel arcl1oologlcolleilouroeo are discovered, WlIlimmedletely cease conaltucllon In that .rN end notify the 81ala and FEMA. Comment: . Anyohangee 10 Ute epproved mltlgeUon ln8faure or aOOp& of work wtJllequlre ",.ubmlsalon the Stale 10 FEMA. and will requIre revaluation tor compliance w1lh NEPA end Seollon 10B of the National Hlotorla PreaelYllUon Aot - NHPA prior to InUlanon ot anywor1<. Non-compllonce w1lh llIe.e ,equlremenla may)aopard1ze FEMA'll abl1lly to fund thle prO/ect.-LRYPER-1012112009 t6:4801AT , . . . , .16-D . . - Attachment B Program Statutes and Regulations The parties to this Agreement and the Hazard MllIgallcn Grant Program (HMGP) are generally governed by the following statutes and regulations: (1) (2) The Robert T. Stafford Disaster Relief and Emergency Assls\ance Act; 44 QEB Parts 7.9, 10. 13, 14, 17. 18, 25, 206. 220, and 221, and any other applicable FEMA policy memoranda and gUidance documents; . State of Florida Administrative Plan for the Hazard Mltlgalicn Grant Program; Hazard MItigation Long-term Recovery Guidance; and . (3) (4) (5) All applicable lawe and regulations delineated In Attachment C of this Agreement - In addition to the above statues and regulations. the Recipient must comply with the folJowlng: The Recipient shall fully perform the approved hazard mlUgaUon projact, as described In the Application and Attachment A (BUdget and Scope of Work) attached to this Agreement. In aooordance with the approVed scope of work Indicated therein. the estimate of cosls Indicated therein. the allocation of funds Indicated therein, and the terms and conditions of this Agreement. Recipient shall net deviate from the apprcved proJeot and the terms and conditions of this Agreement. Recipient shall comply with any and all applicable codes and standards In performing work funded unde( this Agreement. and shall prcvlde any epproprlate maintenance and securlly for the project. Any development permit Issued by, or deVelopment actlvlly underteken by, the RecipIent and any land use permitted by or engaged In by the Recipient, ehall be consistent with the local comprehensive plan and land development regulations prepared and adopted pureuantto Chapter 163, Part II, Flcrlda StalUles, Funds shall be expended for. and development activities and land usas authorized for. only those uses which are permitted under the comprehensive plan and land development regulations. The Reotplent shall be responsible for, ensuring that any davelopment permlt'lssuad and any development activity or land use undertaken Is. where applicable, also authcrlzed by the Water Management District, the Florida Dapartment of Environmental Proteollon, the Florida Department of Health, the Florida Game and Fish Commission, and any federal, state. or local environmental or land use permlltlng aUlhorlly, where required, Recipient agrees that any repair or construction shall be In accordance with applicable standerds of safely, 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 ' slle to ensure that the completed work conforms ~th the approved plans and speclflcallons and will furnish progress reporls and such other Informallcn to HMGP as may be required. If the hezard mitigation project described In Attachment A Includes an acquisition cr relooatlon pro)ec~ then Recipient shall ensure that. as a condition of funding under this Agreement, the owner of the affected real properly shall record In the public records of the county where It Is Icoated the following oovenants and restrictions. which shall run with and apply to any property acquired, accepted. or from which a struoture will be removed pursuant to the project: . 1. 2. The property will be dedicated and maintained In perpstul~ for a use that Is compatible with open space, recreational, or wetlands management practices; No new structure will be erected on property other than: 17 - _._--_._...-.-.~._-_.-..._-_....- - -. -..--- _.__._-.-. . (a) a public facility that Is open on all sides and functionally ralated to a designated open space; (b) a restroom; or 3, A. atruoture that tha Dlractor of the Federal Emargency Management Agency apprcves In v.rlUng before the commancemsrit of the construction of the struoture; 4, After the date cf the acquisition or ralccetlon nc 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 8OUrc&: and 5. II any of the88 covenants and restrlotlons Is violated by the owner or by some thIrd party with the knowledge of the owner, fee simple title to the Properly described herein ehall be conveyed to the Board 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. . HMGP Contract Manager will evaluate requests for cost overruns and submit to the Reglcnal Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth In 44CFR 206,438(b). The National Envlronmenlal Pclloy A.ct (NEPA) stipulates thai additions or amendments to a HMGP Reclpleht Scope of Work (SOW) shall be reviewed by all State and Federal agenoles partiCipating In the NEPA process. You are reminded thst no construotlon may occur In this phase, that a full anvlronmantal review must be completed prior to funding Phase 11. As a reminder, the Recipient must obtain prior approval from the Stale, befcre Implementing changes to the approved project Scope of Work (SOW). Per the Uniform Admlnlstretlve ReqUirements for Grants and Cocperatlve Agreements to State and Local Governments: 1. For conatruollon projects, the grantee must "obtain prior v.rIUen approval for any budget revIsion which result In a need for addlllonal funds' (44 CFR 13 (c)); . 2. A change In tha scope ofwcrk must be approvad by FEMA In advance regardlass of the budget Implications; and 3. The Reclplant must notify the State as soon as significant developmants become known, such as delays or adverse condItions that might raise costs cr delay completion, orfevorable conditions allOwing lower cost cr earlier completion, Any extensions of the period of performance must be submitted to FEMA 60 days prior to the project explratlcn dale, . The Reolplent assures that It will comply with the following statues and regulations, to Ihe extent applicable: 1) 63 Federal Register 6034 2) Federal Acquisition Regulations 31.2 and 031.2 3) Seotlon 1362,l111e 31, US Code 4) OMB Clrculsrs A-21 , A-67.M10, A.122 6) Chapler 473, 6) Chapter 216, 7) Seotlon 768.26, 6) Chapter 119, 9) Seellon 216,181(6), 10) Cash Management Improvement Act Of 1990 11) American with Disabilities Aet 12.) Seotlcn 112.061, 13) Immigration and Nallonallty Act 14) Seellon 2.66.011. 18 - 16) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) ,- .-, ""-., '~.'''~'--"._------ , E.O, 12372 and Uniform Administrative RequIrements for Grants and Cooperative Agreemenls 28 CFR. Pari 66, Common rule, l.!nlfcrm Relocation Assistance and Real Property Acqulslllons Act of 1970 TlUe I of the Omnibus Crime Control and Safe StTllets Aot of 1968. Juvenile Justice snd Delinquency Prevention Act. or the Victims of Crime Act 28 CFR applicable to grants and cooperative agreemenls , Omnibus Crime Control and Safe Streele Act of 1968. as amended. 42 USC 3789(d). cr Victims of Crime Act (es appropriate): Section 504 cf the Rehabilitation Act of 1973, as amended; Subtitle A. TIUe II of the Americans with Dlsabllltlas Act (ADA) (1990); 28 CFR Part 42, Subparts C.D.E, and G Department of Justice reguletlons on disability dlsCllmlnallon. 28 CFR Part 35 and Part 39. 19 ---.- ----- ---'~---~,-,---'-'-' - Attachment C Statement of Assurancee To the extent the following provlslcns apply to this Agreement, the Reclplent 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 acUon authorizing the execuUon of the hazard mlUgallon agreement with the Division of Emergency Management (OEM), Including all understandings and assurances contained In It, and dlrecUng and authorizing the Recipient's chIef administrative officer or daslgnee to actin connecllon with the appllcatlcn and to proVide suoh addlllonellnfcrmstlon ee may be required; (c) No member of or delegate to the Congress of the United Stales, and no Resident Commissioner, shall receive any share or part of this Agreement cr any benefit. No member, officer, or employee of the Recipient or Its designees or agents, no member cf the governing body of the Iccallty In which the program Is situated, and no other public official of the locality or localities who exercises any funoUons or rasponslblllties with respect to the program during his tenure or for one year after, shall have any Interest, direct or Indirect, In any contract or sUbcon!rect, or the proceeds, for work be performed In conneotlon with the program assisted under this Agreement. The Reolplent shell Incorporete, In all contracts or subcontracts a provision prohlblUng any Interest pursuanlto the purpose state above; (d) All Recipient contracts for which the State legislature Is In any part a funding ecuroe, shall contain language to provide for termination with reasonable costs to be paid to the Recipient for eligible contract work completed prior tc the date the notice of suspension of funding was received by the Reolplent. Any cost Incurred after a noUce of suspension or termInation Is received by the Reclplent may not be funded with funds provided under this Agreement unless previously approved In wrlUng by the Division, All Recipient contracts shall contain provisions for tennlnatlon for cause or convenlance and shall provide fer the methcd of payment In such event: (e) It will comply with: (1) Contraot Work Hours and Safety Standards Act of 1962, 40 U.S,C, 327 et seq., requiring that meohanlos and laborers (Including watchmen and guards) employed on federally assisted contraols be paid wages of not less than one and one-half times theIr basic wage rates for all hcurs worked In excess of forly hcurs In a work waek; 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 presorlbed wage, and also that they be paid one and one-hall Urnes their basic wage rates for ell hours worked In excess of the prescribed work-week. (f) It will comply with: (1) Title VI of the Civil Rights Aot of 1964 (P.L. 86-352), and the regulations Issued pursuant therelo, whloh prOVides that no person In the United States shall on the grounds of rece, color, or national origin, be excluded from participation In, be denied the benefits of, or be othelVllse subjected to dlscrlmlnallon under any program cr aollvlty for whIch the Recipient recalves Federal financIal assistance and wllllmmedlately take any lJleesures necessary to effectuate this assurance, If any real property or etruoture thereon Is prOVided or Improved wlth the aId of Federal flnanolal esslstance extended to the Reolplent, this assurance shall obligate the Recipient, or In the cese of any transfer of suoh properly, any transferee, for the period during which the reel propsrty or structure Is used fcr a purpoBe for which the Federal flnanolal, asslstence Is extended, or for another purpose Involving the provisIon of slmller services or benefits; 20 ,- (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1976, as amended (42 U,S.C.: 6101-6107) which prohlblle discrImination on the basis of age or with resp\lct to otherwise quellfled handicapped Individuals as provided In Section 604 of the Rehabilitation Act of 1973; (3) ExooutlveOrder 11246es amended by Exec:ullve Orders 11376 and 12088, and Ihe regulations Issued pursuant thereto, which provide lha! no pel8cn shall be discriminated agalnsl on the basis of laOS, color, religion, eex or nallonal origin In all phases of employment during Ihe performance of federal or federally esslsted construction conltacts; affirmative action to Insure fair treatment In employment, upgrading, demotion, or transfer. recruitment or recruitment advertising; layoff/terrnlnallon, rates qf payor other forms of compensstlon; end elecllon for training end apprantlceshlp; (g) It will establish safeguards 10 prohibit employees from usIng positions for a purpose that Is or gives the appearanos of being motivated by a desire for pn'vate gain for themselves or others, particularly these with whom they hava family, business, or other'lles pursuant to Section 112,313andSecllcn112,3135,m . (h) II will comply with the Anti-Kickback Act cf 1986, 41 U.S.C. Section 61 which ouUaws and prescribes penalties for 'kickbacks" of wages In federally financed or aselsled construction activities; (I) It will comply with the provisions of 18 USC 694, 698, 600.606 (further known as the Hatch Act) which limits , the political acllvlties of employees; _c II will comply with lhe flcod Insuranca purchase and other requirements of the Flood Disaster Prolecllon Act of 1973 as amended, 42 USC 4002-4107, Including requlremente regarding the purchase of flood Insurance In communIties where such Insurance Is available as a condition for the receipt of any Federal flnanclal assistance for construction or acqulslUon purposes for use In any area having epeclal f10cd hazards, The phrase "Federal flnanclal assistance" Includes any form of loan, grant, guaranty, Insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or Indlrecl Federal assistance; (k) II will requIre every building or facility (other than a privately owned residential struclure) deslgnad, constructed, or altered with funds provided under Ihls Agreement to comply with the "Uniform Federal . Accessablllly Standards," (AS) which Is Appendix A 10 41 QER Section 101-19,6 fcr generel type bUildings and Appendix A to 24 QEB Part 40 for resldentllll structures. The Reclplenl will be responsible for conducting Inspections to ensure compliance with Ihese specifications by the contractor; 0) - ,(I) It will, In connectlcn with Its performance, of environmental assessments under the National Environmental Polloy Act of 1969, comply with Sectlcn 106 of Ihe Natlonsl Historic Preservation Act of 1986 (U.S.C. 470), Executive Ordet 11693. 24 CFR Part 600, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq,) by: (1) Consultln9 with the State HlstcrlcPreservallon Office to Identify propertlesllsled In or elIgible for Incluslcn In the Natlonsl Register of Historic Places that are subJect to adverse effects (see 36 CFR Section 600.8) by the proposed activity; and (2) Ccmplylng with all reqUirements established by the Slate to avoid or mltlgste edverse affects upon such prcpertles, (3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal EmelUency Management Agency, the F'orlds State Hlstorlc Preservation Office, the Florida Division of Emergency Management and the AdvlsoJy Councll on Historic Preservation, (PAl" which addresses roles end responsibilities of Federal and Stale eniltles In Implementing Secllcn 106 of the National Historic Preservation Act 21 -_.._~._--- ~-_._.'~'-''''' ". ---',.. (NHPA), 16 U.S.C. 4701, and bnplemenllng regulallons In 36 CFR part 800. (4) When any of Reclplent'e projects funded under this Agreement may affect a hlstorlo property, es defined In 36 CFR 800. (2)(e), the Federal Emergency Management Agenoy (FEMA) may require Reolplent to review the eligible seepe of work In eensultallon with the Stete Historic Preservation Offlce (SHPO) and suggest mathods of repair or eenstruotfon that will conform with lhe recommended approeches set oulln the Secretary of Interlor'e Standards for Rehabilitation and GuIdelines for Rehsbllltatlng Historic BuildIngs 1892 (Standarde),lhe Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or an)! other applicable Secretary of Interior standards. If FEMA determlnss that the eligible seepe of work wlll not oonform wlth the Standards, Recipient agrees to participate In oonsultiltfons to develop, and, efter execution by ell parUes. to abide by, a written agreement that establishes mlllgaUon and recondition measures, Including but not limIted 10, Impacts to archeologlcal sites, and the salvage, storage. end reuse of any slgnlflcant arohlteotural features that may otherwise be demolished. (5) Recipient agrees to notify FEMA and the Division If any project funded under this Agreement wllllnvolve ground disturbing actlvltlas, Including, but not limited to: subsurface disturbance: removal of trees; excavallon fOrfoollngs and foundatfons: and Installation of ulllltles (suoh as weter, sewer, storm drelns, eleotrlcal, gas, leach IInas and septic tanks) except where these acllvllles are restricted solely to areas previously disturbed by the Installallon, replacement or melntenance of such utilities, FEMA will requeet the SHPO's opinion on the potenUalthat archeological properlles may be present and be affeoted by such activities, The SHPO will advise Recipient on eny feasible steps to be accomplished to avoid eny Nallonal Register eligible archeological properly or will make recommendallons for the development of e treatment plan tor the recovery of archeological data from the property, If Recipient Is uneble to avoid the archeological property, develop, In eensultellon with the SHPO, a treatment plan eenslstent wlth the GuIdelines end take Into account the Advisory Council on Historic Preserva"on (Council) publication "Treatment of Aroheologlcal Properlles", Recipient shall forward Informallon regarding the trealment plan to FEMA, the SHPO and the Council for review, If the SHPO and the Councll do not object wllhln 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 obJeol, Recipient shall not proceed with the project until the obJecllon Is resclved. ' (6) , RecIpient shall notify the Division and FEMA as soon as practicable: (e) of any changes In the approved seeps of work for a NaUonal Register eligible or listed properly; (b) of ell ohanges to a projeot that mey result In a supplementel DSR or modify en HMGP projsct for a National Register eligible or listed property; (0) If It appears that a project funded under this Agreement wlll effect e prevlcusly unldenl1fled properly that mey be eligible for Inclusion In the National Register or affect a known historic prcperly In an unanticIpated manner, Recipient ecknowledges that FEMA may require Recipient to stcp construction In the vlolnlty cf the discovery of a prevlcusly unidentified property that may be eligible for Inclusion In the Netlonal Register or upon learning that eenstructlon may affect a known historic property In en unanticipated manner, Recipient further acknowledges that FEMA may require Reolplentlo take ell reasonable measures to avoid or minImize harm to such prcperly until FEMA concludes oonsullatlon with the SHPO, Recipient also acknowledges that FEMA will raqulre, and Recipient shall comply with. modifications to the projeot scope of work necessary to Implement reeemmendatlons to address the project and the property. (7) Recipient acknowledges that, unless FEMA specifIcally stipulates otherwise, It shall nct 22 ~~ (m) (n) (0) (p) (q) (r) (6) (t) (u) (v) (w) (X) (y) (z) (aa) (bb) (co) 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. . It wtll comply wtth Title IX of the Education Amendments of 1972. as amended (20 U.S,C.: 1681-1683 and 1686 - 1688) which prohibits discrimination on the basis of sex; It.wtll comply wtth the Comprehensive Alcohol Abuse and Alcohcllsm Prevention. Treatment and Rehabllllatlon Act of 1970, (42 U.S,C, 4521-46-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; Itwtll comply wtth'523 and 5270fthe Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confldentlallly of alcohol and drug abuse patient records; It will comply with Lead-Based Paint Polson Prevention Act (42 U,S.C,: 4821 et seq.) which prohibits the use of lead based paint In construction of rehabilitation or residential structures; . It will comply wtth the Energy Policy and Conservation Act (P.L 94-163; 42 U.S.C. 6201-6422), and the provisions of lhe elate Energy Conservation Plan edoptedpursuant therelo; It will comply with the Leboratory 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 agreament; . It will comply with TItle VIII of the Civil Rights Act of 1968. 42 U.S.C. 20000 and 42 3601-3619, as amended, relating to ncn-dlscrlmlnatlon In the sale. rental, or financing of housing, and Title VI of the CivU RIghts Act of 1964 (P.L. 88-352), which prohibits discrimInation on tha basis of race, color or nation origin; It will comply wtth the Clean Air Act of 1955, as amended, 42 U,S,C, 7401.-7642; It will comply wtth the Clean Water Act of 1977, as amended, 42 U,S,C. 7419-7626; It will 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 Nallonal Historic Preservation Aot of 1966. as amended, 16 U.S.C. 270; It will comply with environmental standards which may be presorlbed pursuant to the Nallonal Envlronmantal PoIloy Aot of 1969, 42 U.S.C, 4321-4347; It will assist the awarding agency In assuring compliance wtth the Preservation of Archllologlcal and Historical Preservation Aot of 1966, 16 U,S.C. 469a, etseq: It will comply with the Rehabllltallon Act of 1973, Section 604, 29 U.S.C. 794, regarding non-dlscrlmlnatlcn; It will comply with the environmental slandards whIch may be prescribed pursuant to the Safe DrinkIng Water Act of 1974, 42 U.S,C. 3001-300). regarding the proteollon of underground water sources; It will comply with the requlrllments of TWes II and III of the Uniform Relocation Assistance and Property AcqUisition Policies Act of 1970; 42 U.S,C, 4621-4638, whloh provide for 'air and equitable treatment of persons dlsplacad or whose property Is acquired es a resull of Federal or federally assisted programs; 23 -....".- ,--_. -',..._-" ~,,'-- .....,.,._~ (dd) (ee) (ff) (gg) (hh) (11) It will comply with the Wild end Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to proteotlng components or poUmtlal componenl8 of the national wild and scenic rivers system; It will comply with the following executive Orders: EO 11514 (NEPA); EO 11738 (violating facllltlee); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12896 (Environmental Justice); . It will comply with the Coastal Barrier Resources Act of 1977, 16 U,S.C, 3510; It will assure project conslstenoy with the approved State program developed under tha Coastal Zone Management At;\ of 1972, 16 U.S.C. 1451-1464; and It v.ill comply with the Fish and WUdllfe Coordlnatlcn Act of 1958; 16 U,S.C. 661-666. Wllh respect to demolition activities, II will: 1. Create and make available documentation Bufflclentto demonstrate that the Recipient and Its demo/llIon conlractor have sufficIent manpower and equlpmant to comply with the obligations as cutllned In this Agreement. ' 2. Return the property to Its natural state as though no Improvements had ever been contelned thereon. 3. Furnish documentatlon of all qualified personnel, licenses and all equipment necessary to Inspect buildings located In Recipient's Jurisdiction to detect the presencs of asbestos and lead In accordance with raqulremants of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. 4. Provide documentatlon of the Inspection resulls for each structure to Indicate: a. Safety Hazards Pressnt b. Health Hazards Present c. Hazardpus Materials Present 5, Provide supervision over contractors or emplcyees employed by Recipient to remove asbeStos end lead from damollshed or olherwisa applicable structures. 6, Leave the demcllshed site clean, level end free of debris, 7. Notify the Division promptly of any unusual existing condition which hampers the contractors work. 8, Oblsln 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 welle and septic tanks located on each slle. Provide documentatlon of closures. 10, Comply with mandatory standards and policies relating to energy efficiency which are contained In the State energy conservatlcn plan Issued In compliance v.ith the Energy Polley and Conservetlon Act (Public Law 94-163). 11. Comply with all applicable standards, ordere, or requirements Issued under 880llon 112 and 306 of the Clean Air Act (42 U,S,C.1857 (h), Section 508 of the CleenWater Act (33 U.S. 1368), Executive Order 11738. and the U.S. Environmental Protection Agency regulations (40 CFR Part 15 and 61). This dause shall be added to any subcontracts, 12, Provide documentation of public notices for demolltlcn activities. 24 ,-,- - - Attachment D DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION GRANT PROGRAM FUNDS RECIPIENT NAME: ..QllJ.Jjgr CoulllY ADDRESS: CITY, STATE, ZIP CODE: PAYMENT No: OEM Agreement No: FEMA Trackln Numbers: Eligible Amcunt 100% Obligated Ncn-Federal Previous 25% Pa ments OEM Use Onl Obligated Federal 75% Current Re uest A roved Comments TOTAL CURRENT REQUEST $ I certify that to the best of my knov.1edge and belief the above accounts are correct, and that all disbursements were made In accordence v.1th all conditions of the Division agreement and payment Is dua and has not been preViously requested for these amounts, RECIPIENT stGNATURE NAME AND TITLE DATE: TO BE COMPLETeD BY DIVISION OF EMERGENCY MANAGEMENT APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST $ APPROVED FOR PAYMENT $ GOVERNOR'S AUTHORIZED REPRESENTATIVE DATE 25 - .' -~__'..... ~_.. r , ~_ ,'W' _ "",.,""" . ~ Attachment 0 (continued) DIVISION OF EMERGENCY MANAGEMENT SUMMA/tY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MITIGATION GRANT PROGRAM Applicant: ~ DEM Agreement No.1 Disaster No,..1Zllli FEMA Tracking # : illli::1!!::B ' Applicant's Oats of delivery , Appllcanrs Rararanca No. of artlclas. LIst Documsn1atlon (Applcsnt's payroll, matarlel out of eligible Coele (Wsrrsill. Voucher, completion of eppllcant', slock, appllcent owned aqulpmsntand nsma of 100% Clslm Chaol<,. ot wOIkO( vandOl or contracto() by category and IIno 110m In the Schadu",No.) psrt'ormsnce .pprovod project application and give a brief d..c~pllon of ..rvlcas. the .~Iclas or aBNlces. . . , , , , . . . , , TOTAL 26 -- Attachment E JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indloateby cheoklng one of the boxes below, If you are requesling'an advance. If an advance payment la requested, budget data on which the request Is based must be submitted. Any advance payment under thIs Jl.graemanlls subleotlo e. 216.181(16). Flcrlda Statutes. The amount whloh may be advanced shall not exceed the expected cesh neede of the reolplent within the InlUsllhree months. . [ I NO ADVANCE REQUESTED [ I ADVANCE REQUESTED No advance payment Ie requested, Payment will be solely on a reimbursement basis. No additional Infcrmatlon Is required. Advance payment of $ Is requested, Balance of payments will ba made on a relmbursamimt basis. These funds are needed to pay staff. award benefits to clients, duplicate forms and purohase start-up supplies and equipment. We would not be able to operate the program wlthcut this advance. ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet. DESCRIPTION (A) FFY 2007.2008 (9 FFY 2008.2009 (C) FFY 2009-2010 (D) Total -- 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDlTUREs1 a AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS Divide line 2 b IIne1. re ree mon s exp.en res nee on y e prov e or e years n w 0 you requ88 e If you do not have this Infonnatlon, call your oonsultant and they will assIst you. X $ = . MAXIMUM ADVANCE . HMGP Award (Do not Include matoh) CellDa [ ] Recipient has no previous HMGP contract history, Complete Estimated Expenses char' and Explanation of Circumstances below, [ I Recipient has excePtional clrcumstanoos that requIre an advance greater than the Maximum Advance calculated above. Ccmclete estimated expanses chart end Explanation of Circumstances below, Attach additional pages If needed, ' . ,~ 27 -~._~-- --.., -"-~""-"""" '.-._-~_._"""-- --..".---, SES 2009.201 ()._m_._._. BUDGET CATEGORY Antlol ated E endltures for Firat Three Monthe of Conll'llot ADMINISTRATIVE COSTS , PROGRAM EXPENSES TOTAl EXPENSES 26 "-- Attachment F DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM QUARTERLY REPORT FORM RECIPIENT: PROJECT LOCATION:~ Project Number: ~ OEM 10#: 0 DISASTER NUMBER: QUARTER ENDING: Provide amount of advance funds disbursed for period (If applicable) $ Provide reImbursement prcJectlons for this project: July-8ep, 200_$ July-Sep. 200_$ Oct-Dec, 200_$ Oct-Dec, 200_$ Jan-Mar, 200_$ Jan.Mar, 200_$ Apr.June, 200_$ Apr-June, 200_$ Percenlage of Work Completed (may be confirmed by stale Inspectors): Project Proceeding on Schedule: [J Yes [] No % Describe mlhistones echleved during this quarter: ,- Provide a schedule for the remainder of work to project complatlon: , Describe prcblems or olrcumstances affecting completion date, milestones, scope of work, and cosl: Cost Status: [) Cost Unchanged Addltlonal Comments/Elaborallon: [] Under Budget [) Over Budget NOTE: DlvIslon of Emergenoy Management (OEM) steff may perform Interim Inspecllons and/or audits at any lime. Events may occur between quarterly reports, which have slgnlflcantlmpact upcn your proJsct(s). such es anticipated overruns, changes In scope of work, etc, Please contact the Division as soon as these condlllons become known, otherwise you may be found non-oompllant with your subgrant award. Name and Phone Number of Person Completing This Form - 29 ------ . " _._....,.~~- -_.~ ,...... - , -.-..--'.- Attachment G Warranties and Representations RecIpient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the flnanclel resulls of this project or program (2) Records thatldenllfy the source and use of funds fcr all activities. These records shall contain Information pertaining to grant awards, authorizations, oblIgations, unobligated balances, essets, outlays, Income and Interest. (3) Effective control over and accountability for all funds, property and othsr assete. Recipient shall safaguard all such essets and assure that they are usad solely for authorized purposes, . . (4) Comparison of expenditures with budget amounts fcr each Request For Payment. Whenever epproprlate, flnanclallnfcrmallon should be ralated to performance and unit cost data. (6) Written procedures to determine whether costs are allowed and reasonable under the provisions of tha applicable OMB cost principles and the terms and conditions of thIs Agreement. (6) Cost accounting records that are supported by backup documentation.. ~ All procurementtransecllons shall be done In a manner to provide open and free competition. The Recipient shall be alert to confllcte of Interest as well as noncompetitive practices among contract0/'8 that may restrict or eliminate compstltion or otharwlse restrain trade, In order to ensure excellent contractor performance and eliminate unfair competitive advantage. contractors thet develop cr draft apsclflcatlons, requirements, etatements of work, Invitations for bids andlor requests for proposals shal.l be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whoae bid or offer Is responsive to the sollcltallon and Is most aclvantagecueto the Raclplent, considering the price, Quality and other faclors. Sollcltatlons shall clearly set forth all requirements that the blddar or offeror must fulfill' In order for the bld or offer to be avslueted by the Reclplent. My end ell bids or offers may be rejected when Ills In lhe Reclplent's Intsrestto do so. The Reciplentehell mslntaln v.l'ltten standards of conduct governing the performence of Us employees engaged In the award and administration of contracte. No employee, officer, or agenlshall participate In the selection, award, or admlnlslrallon of a contract supported by public grant funds If a real or apparent conflict of Intereat wculd be Involved, Such a conflict would arise when the employea, officer, or agent, any member of his or her Immediate family, his or her partnar, or an organlzallon which emplcys or Is about to employ any of the parties Indlceted. has a financial or other Interest In the firm seleoted for an award, The officers, employees, and agents of the Raclplentshall neUher solicit nor accept gratuities, favers, or anything of monetary value from contractors, or parties to subcontracts, The standards cf conduclehall prOVide for dlsclpllnary actlcns to be applied for violations of such standards by offloers, amployees, or agente of the Reclplent. . our Tha Recipient shell heve Us offloes open for buslnass, with the entrance door open to the public. and at least one employee on site, from 6:00 a.m. to 6:00 p.m., local time, Monday through Friday, a I A1lsubcontraotors or amployaes hired by the Raclplent shall have all currenlllcenses and permits required for all of the partiCUlar work for which they are hired by the Recipient. . 30 -,,'.-; Attachment H ~i!!;,:-~':f.~~r.~t:1,~i.~;'i,.~;:1.j~{ifr.ii"''.j.,.:;-1'~t~',}.'~~,.\.',i-~r~.;,f.::'~;-&..Jii Ge' "ff, fic"'a"t','o"n" '.:R'e'.g'....a...'r.d.' n"g' 'r.i.;:!;':<i/:~:,t:q;, -~';i~i'i',;,. 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".:' l~\,,~;....:<~:-~'..<.~-y-= ~>~:<.'!"', .~::v-..'i~'..J"'~.";,:c.' ,-,.,F".'~,~"..'j"".-".._... ."..",.",.,'.r,,:..,..c,""'-"~'^ jl,....."'....."...._."'. ",,'.'. """'~~'e., .." .~"c"...~:.I.."_,,.,'-,.,' ;; ".,_,~" ~"',.<,,,..)...,.,....""',,.,'. .~,~:,'1~.....<~{.'"'.'.'.'~e ..,:,.....'y. ' .-".. . "..._..,., . _.....~'..,_ ". .'" ....... ..,_.,. ." ,. . ~u.'''', v..., ,c-,_ ,_ ,", ,_ ",. ~ .' ,.,~'.- '_. - ,,-.... '.0"." ""-'_c'._ ...,.,.... ..-- ..,'.., . -, --- ,-:..t~'>-."" ",...~.,~ ":"'"."'.:.,,,,.,,.,~;,. ".0: ":....,,.......'.'r-" .~'...~,e.~,""'..,^';:;.;-;;J "L"I .,""-t,.. ~.'- \'E'--""-I"~'-" .... .,.~. ,... "_'J ~.->::",..."......._;>..--"..... ,,,,,,. '''';''''~-'''''-'' '.' ~~"'-' ".-, l'i{:iJ r.'W\~;~;/.: _,i:;~;;~.$~~',:,-:::t)~}r,~:]:t; ,:Y.;-~:~t::,;~:;\!:i~.V"'J I.U},,,J~. \1.[1. _ ~fY. .?(C _ ~!i J P n::xf:ji~:1-'ii'::';~~;;i;;~ '~i.';;:'.':'~".\';';;;:~i:';"~;~':;'i,\~:~;,.t~,;:~,!.!;,,;\, Contractor Covered Transactions (1) The prospective contractor of the Recipient, _ Sta,."" Fe"." ~ , 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: ~\uth"\ - r-Orl'<. By: ~ (~ Signature s- . Recipient's Name - , Ell Ie. C.r~ws Name and Title 'fIG'" C"'f"n'-\Q. S",. Street Address N~?\ ~.s -r L, ) <.f !(,JI{ City, Sfate, zib <9 kt1ao,o MGR. Division Contract Number - Date Ag}/lf@\f\lld e;~ ~(j form & legal SltIffi@l€l8lQ)f . . ~~~ ~\J_L:G- AfX'lff.ltEmt GounW P,tt0rr10V ~ . ." '-" 31 .-------.'. "' - ___~" __.'_.....C" _,___ Attachment H :;i'_"~":,:\(:~~'i_:) ,:.(;i:_~.1'i,i',~~ji:':).S;'1~1/"-~7 r'\-;A-;.i_~:r.'~~;1:';Ce'rt'l fi'c' -'"a' t', 0' n'" "'R'o-""-g" "a'''rd '",'g" -',!:i;'/~.:'),{:\,; ~:E:::::;-~,,;:'~',!:i;i;-;~,~:-'~;:,::i Fi.,;~;. ~::'~:::~('/J-~:'; t', ''';':'j.~ "1;':'~i.h:.-.,'"",:~,"",-,,~' ",~,;,.:.,.,.":;-';L..,,, ::{"",:,-,<."~-_-_~,,.-:~.~" ._ . ,.. ',_, "." .,~.._ ... _ _,' '~_'. i'...~c.....'-. """,:'.~;.'-'_' c_tt...._,';~."-c.,.._;.;,.;,~'"'.<',.-.i.:_.'_'~,.,._~_.,_..'t_.,..,.....,"': -~~,,;.;~~:_~:~. _'}.'';\~~<1.,-,-;~,':},;;::.,;~; ,~,!:c;.f,t;:. :'>-0' ,v"b" .,,"' '-"':;:>"~~'t"';S' ...~., ('.;;;~~:H'"i':;" _-V'Y'"I' ;-"'-'1'1 ;~I b'''-'II"I.Y~:'4'~~?s:''':Li;i.~;-''''''.1</:;,., "c' L ~;i\',) ,"';":",'-"i:!-; '~!-;i' ,~~,.,\j:.:t.,'~,:'i,;;.,~:i,";Z".;;?"~'..;,.';~:';\:;;f~;':;<'~~',:;...;,;;,~'~;~;.\~' 'e annan ~ usnans,on", ne 9 I il....'~.:<':':~,.:":~~:"i..,:;:;,:FJ*:-""it:!:/.;;'\.;:iq:~d-;~{.'t:,\:.; . ,....' '_',..1',';" .,..;".'," ".' ," "..... n ";"'-':""-"...,._,,.-. ". "",-,."..- -,-.,~. J~ ,.~~~.,~..~.......~,.~,- '_' '''''.'' .....' '~,",.'__' ,,,,'''"''.{' "'" ",,d,,_ .,.", '~"".,.""_'"'..,,l ,., ,~~.I. -~. :' ""',,'."":~1:';'l"',-4 ;;:;' i""~""""'"';:;'C'''':"' '~';," ""'i'~':.'.' :\'I"'..""'.~",,,.';:'A';;"::.i.. \';""'1" .....:::t',",'... ;"E' """'~'I "':.' ."""",'";.;' ';~/"~'1'""~;"1.":" n~~J\'.',,~/,;';'" "'c'.' I;" :.,":,: ~":':7:~/i "~'1'I-.:' ;".>:.,',:; f;f:;;;;;.:,';,,;'.~'~::j~.~; :7'~:;',:'k:!~'~~';1~;;r'}:':5[;}:7;..j'.~'~.:X~.~tth,.'':-\ """', I.~,V,.Q. l:l n.~~ ' ., _ '?Ce. 4~ IQ n~)'{j\i1;-:::""i:-':' :/;~';'o.;::,;t;,;';"',:,,';'~f~\~';"\T~,~,,:';-;ii:t::{':!':;l:;:;:'.\~ (1) Contractor Covered Transactions The prospective contractor of the Recipient, ,h \)e 10 c. ~ ,certifies, by submission of this document, that neither it nor its prin Is is presently debar ed, 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 aUach an explanation to this form. CONTRACTOR: , J ^ I I / / ' ,! : / '" 1,/' /'71(7/'-' //.::: C ,,_.( I-I" ,,--/ "',\- -- , C_-/_ (/ ,~ ' ,C-.:::,,__ By: '__.._m) r---r::-:::.""./'-" '- ^,-,.,-.. signatul~~ ( , : .. f: ,-' /) ~~,,-;1:.: /2 . j:~f/" //', ,.<":'; i{' I)/~ Name and Tille Recipient's Name Division Contract Number -, .. / " '", ~ J '" I ...Cc2.::)';(lJ!]"Ll(; ,'11 1(' Street Address I' .. iF 1/ ," ,I (I i .. /".jcL, /(~~") City, State, Zip' II. .) / '/ . ') I. /(1 ( , ,', .) 'f.' .-/(-, ,,' ,-" I ,. ./ ,.."'. ,J .. Date ~pf@\,f@tf om ~(;l form ~. legal 8llffi!li@Ol>!)j , ~-,_. \~ \)j~-:\-J~. A8efflt"m GaUl1t\! Ai't(}FfiO"" , , ., 31 '"lI' ",:~,t:;-tl" .....,( ..;gq;... "'...y_.. _" A ."", .. .' 'j,.-t:,'i,i"'" . ,-. ~"".. ,,- -,' ;., ,.i '. .~" " ,','\ ". -. -, ,,'., I '," ",:':-'f?"-" .~' .,". i,l"" ",',' " .,.\ , :-t~-' ..-.' '!.;X'.i"-"'- Agenda Item No. 16C2 March 9, 2010 Page 41 of 42 .~ STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT CHARLIE CRIST Governor RUBEN D. ALMAGUER Interim Director December 22, 2009 Mr. David Jaye Recycling Specialist Collier County 3301 Tamiami Trail East Building H, 3,d Floor Naples, FL 34112 Re: FEMA Project Number 1785-0 15-R, Collier County Environmental Compliance and Landfill Scale House, Wind Retrofit Project Dear Mr. Jaye: ~ The Division of Emergency Management (DEM) is pleased to inform you that the Federal Emergency Management Agency has approved the obligation of Hazard Mitigation Grant Program funds for the project number(s) listed above, Please note that this 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 copies of the attached, proposed contract between Collier County and DEM. The official representative, as listed below, will need to sign the signature page (Page 13) and the Cetiification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion form (Page 31). All four (4) copies of the contract should then be sent to 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 for its files. Official Represelltath'es: County: Citv: . Indian Tribe: Water Management District: Non-Profit: Chairman of the Board of County Commissioners Mayor Chief or President Chairman Chairman of the Board -.-., - STATE LOGISTICS RESPONSE CENTER 2702 Directors Row Orlando, FL 32809-5631 FLORIDA RECOVERY OFFICE 36 Skyline Drive la\\e Mary, FL 32746-6201 . DIVISION HEADQUARTERS' 2555 Shumard Oak. Boulevard Tallahassee, Fl 32399.2100 Tel: 850-413.9969' Fax: 850.488-1016 wwwftoridaDisasier orq - "._".,.,,---_.. ,--.--- Agenda item No, 16C2 March 9, 2010 Page 42 of 42 Mr. David Jaye December 22, 2009 Page Two If there is an official that is not listed above who is authorized to sign the contracts 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, If you have questions regarding this contract or who is authorized to sign it, please call Olivette Carter at (407) 268-8618, Respectfully, Miles E, Anderson, State Hazard Mitigation Officer ~ Bureau of Recovery and Mitigation )I.'litigation Section ~, MEA/oeilt Enclosures