Backup Documents 04/26/2011 Item #16C 3
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ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
1.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLfP6 C ...,
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO l :;
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
2.
3.
4.
5. Ian Mitchell, BCC Office
Su ervlsor
6. Minutes. and Records
Board of County Commissioners
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Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
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Phone Number
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IN'STRU~TIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chainnan and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chainnan and the Clerk to the Board
The Chainnan's signature line date has been entered as the date ofBCC approval of the
document or the final negotiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mithchell in the BCC office within 24 hours ofBCC approval.
Some documents are time s'ensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne's Office has reviewed the chan es, if a Iicable.
Agenda Item Number
Yes
(Initial)
N/A (Not
A licable)
/(3
2.
3.
4.
5.
6.
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
16C 3
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MEMORANDUM
Date:
April 28, 2011
To:
Linda Best, Environmental Compliance Manager
Solid Waste Department
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Federally Funded Contract (Subgrant) Agreement
#11HM-3E-09-21-01-026 with the State of Florida's
Division of Emergency Management
Attached are three (3) original sets of the contract document referenced above
(Item #16C3) approved by the Board of County Commissioners April 26, 2011.
After further processing please return one of the executed originals to the
Minutes and Record's Department so it is on file for the Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachments (3)
16C3
Contract Number: 11 HM-3E-09-21-01-026
CFDA Number: 97.039
FEDERALLY FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Collier County (hereinafter
referred to as the "Recipient"),
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws, rules
and regulations, including those identified in Attachment B.
(3) PERIOD OF AGREEMENT
This Agreement shall begin on October 1, 2008 and shall end August 12, 2013, unless
terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes which
are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original
of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal OMB Circulars:
States, local governments, and Indian Tribes follow:
· A-8? for Cost Principles, Relocated to 2 CFR, Part 225
· A-102 for Administrative Requirements, and
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· A-133 for Audit Requirements
Educational Institutions (even if part of a State of Local government) follow:
· A-21 for Cost Principles, Relocated to 2 CFR, Part 220
· A-110 for administrative requirements, Relocated to 2 CFR, Part 215, and
· A-133 for audit requirements
Non-Profit Organizations follow:
· A-122 for Cost Principles, Relocated to 2 CFR, Part 230 (362k)
· A-110 for Administrative requirements, Relocated to 2 CFR, Part 215, and
· A-133 for Audit requirements
If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the
Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931,2.
(b) The Recipient shall retain sufficient records to show its compliance with the terms of this
Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for
a period of five years from the date the audit report is issued, and shall allow the Division or its designee, the
State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient
shall ensure that audit working papers are available to them upon request for a period of five years from the
date the audit report is issued, unless extended in writing by the Division, The five year period may be
extended for the following exceptions:
1. If any litigation, claim or audit is started before the five year period expires, and
extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings
involving the records have been resolved.
2, Records for the disposition of non-expendable personal property valued at $5,000
or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after the
closing on the transfer of title,
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and
Scope of Work - Attachment A - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be
paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the
Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of
8:00 a.m. to 5:00 p.m" local time, on Monday through Friday. "Agents" shall include, but not be limited to,
auditors retained by the Division.
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(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds
under this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit by
state personnel and other personnel authorized by the Department or the Division, "Reasonable" shall
ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday,
(c) The Recipient shall provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined in
OMS Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal
awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance
with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the Federal
resources awarded through the Division by this Agreement. In determining the Federal awards expended in
its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources
received from the Division. The determination of amounts of Federal awards expended should be in
accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the Recipient
conducted by the Auditor General in accordance with the provisions of OMS Circular A-133, as revised, will
meet the requirements of this paragraph,
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the
Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMS Circular A-
133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required, In the event
that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to have an
audit conducted in accordance with the provisions of OMS Circular A-133, as revised, the cost of the audit
must be paid from non-Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with OMS Circular
A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMS Circular
A-133, as revised, by or on behalf of the Recipient to:
The Division at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.oarrish@dca.state.f1.usl
and
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Division of Emergency Management
Bureau of Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by
submission online at:
http://harvester.census.Qov/fac/collectlddeindex, htm I
And to any other Federal agencies and pass-through entities in accordance with Sections ,320 (e) and (t),
OMB Circular A-133, as revised.
(t) Pursuant to Section ,320 (t), OMB Circular A-133, as revised, the Recipient shall send a
copy of the reporting package described in Section ,320 (c), OMB Circular A-133, as revised, and any
management letter issued by the auditor, to the Division at the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.Darrish@dca.state.fl.usl
and
Division of Emergency Management
Bureau of Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information required to
be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations),
Rules of the Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Division for audits done in accordance with
OMB Circular A-133 or Chapters 10,550 (local governmental entities) or 10,650 (nonprofit and for-profit
organizations), Rules of the Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the
Division of all funds not spent in accordance with these applicable regulations and Agreement provisions
within thirty days after the Division has notified the Recipient of such non-compliance.
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16C3 '1
0) The Recipient shall have all audits completed by an independent certified public
accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla.
Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must
be received by the Division no later than nine months from the end of the Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this
Agreement, in addition to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 15 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-out
report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and
December 31.
(c) The close-out report is due 60 days after termination of this Agreement or 60 days after
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the
work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division,
(f) The Recipient shall provide additional reports and information identified in Attachment F.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved, A review shall be done for
each function or activity in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other
procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Division. In the event that the Division or the Department determines that a
limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division or the Department to the Recipient regarding such audit. The Recipient
further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed
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necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the
performance and financial management by the Recipient throughout the contract term to ensure timely
completion of all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768,28, Fla.
Stat., and the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising
from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is
not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768,28, Fla.
Stat., agrees to be fully responsible for its negligent or tortuous acts or omissions which result in claims or
suits against the Division, and agrees to be liable for any damages proximately caused by the acts or
omissions to the extent set forth in Section 768,28, Fla. Stat. Nothing herein is intended to serve as a waiver
of sovereign immunity by any Recipient to which sovereign immunity applies, Nothing herein shall be
construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any
matter arising out of any contract.
(10) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph (11), However, the Division may make payments
or partial payments after any Events of Default without waiving the right to exercise such remedies, and
without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails
to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement
with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations
under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any time
during the term of this Agreement and the Recipient fails to cure this adverse change within thirty days from
the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or have
been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations under
this Agreement.
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(11) REMEDIES
If an Event of Default occurs, then the Division may, after thirty calendar days written notice
to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise anyone or more of
the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior
written notice of the termination, The notice shall be effective when placed in the United States, first class
mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph
(13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible purposes
under the laws, rules and regulations governing the use of these funds,
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. Request additional information from the Recipient to determine the reasons for or
the extent of non-compliance or lack of performance,
2. Issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
3, Advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4. Require the Recipient to reimburse the Division for the amount of costs incurred for
any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity, If the Division waives any right or remedy in this
Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other
right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any
other default by the Recipient.
(12) TERMINATION
(a) The Division may terminate this Agreement for cause after thirty days written notice,
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter,
or other material subject to disclosure under Chapter 119, Fla, Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in its
sole discretion that continuing the Agreement would not produce beneficial results in line with the further
expenditure of funds, by providing the Recipient with thirty calendar day's prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through a
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written amendment of this Agreement. The amendment will state the effective date of the termination and the
procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new obligations
for the terminated portion of the Agreement after the Recipient has received the notification of termination.
The Recipient will cancel as many outstanding obligations as possible, Costs incurred after receipt of the
termination notice will be disallowed, The Recipient shall not be relieved of liability to the Division because of
any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold
payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from
the Recipient is determined.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at the
address below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Ms. Holly Swift
Mitigation Bureau
Division of Emergency Management
2702 Directors Row
Orlando, Florida 32809
Telephone: (407) 888-3781
Fax Number: (407) 251-2590
Email: holly.swift@em.myflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Mr. David Jaye
Collier County
3301 Tamiami Trail, Building H, 3rd Floor
Naples, Florida 34112
Telephone: (239) 252-7620
Fax: (239) 774-9222
Email: davidjaye@colliergov.net
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided as outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the
fully executed subcontract must be forwarded to the Division within ten days of execution for review and
approval. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms
of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and
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(iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature
arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and
required by law. The Recipient shall document in the quarterly report the subcontractor's progress in
performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla, Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties,
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this Agreement
and the attachments, the language of the attachments shall control, but only to the extent of the conflict or
inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A - Budget and Scope of Work
Attachment B - Program Statutes and Regulations
Attachment C - Statement of Assurances
Attachment D - Request for Reimbursement
Attachment E - Justification of Advance
Attachment F - Quarterly Report Form
Attachment G - Warranties and Representations
Attachment H - Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion
(17) FUNDING/CONSIDERA TION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs
incurred in the satisfactory performance of work hereunder in an amount not to exceed $240,000 subject to
the availability of funds. All requests for reimbursement of administrative costs must be accompanied by the
back-up documentation evidencing all such administrative costs.
(b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla.Stat..
and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this
Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient
within the first three (3) months of the contract term, For a federally funded contract, any advance payment is
also subject to federal OMS Circulars A-87, A-11 0, A-122 and the Cash Management Improvement Act of
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1990. If an advance payment is requested, the budget data on which the request is based and a justification
statement shall be submitted to the Division Contact in accordance with Attachment E. Attachment E will
specify the amount of advance payment needed and provide an explanation of the necessity for and
proposed use of these funds.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed, The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(d) Request for Reimbursement should be submitted at least quarterly and should include
the support documentation for all costs of the project submitted on the Request for Reimbursement. The
supporting documentation must comply with the documentation requirements of applicable OMB Circular Cost
Principles. Attachment D must be completed and signed by an authorized representative of the recipient.
Any Requests for Reimbursement that fails to include Attachment D with the supporting documentation may
be returned or delayed in processing. Final invoice shall be submitted 60 days after the expiration date of the
agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the
United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any further
payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of
receiving notice from the Division,
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable
to the order of "Department of Community Affairs," and mailed directly to the Divisions Contact listed above,
In accordance with Section 215,34(2), Fla. Stat., if a check or other draft is returned to the
Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the
returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any later
submission or response to a Division request. or in any submission or response to fulfill the requirements of
this Agreement. All of said information, representations, and materials are incorporated by reference, The
inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days
written notice to the Recipient, cause the termination of this Agreement and the release of the Division from
all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for
any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this
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Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null
and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this
Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) The Agreement may be executed in any number of counterparts, anyone of which may
be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-
336,42 U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private entities on the
basis of disability in employment, public accommodations, transportation, State and local government
services, and telecommunications,
(f) Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real property to a public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with a public entity, and may not transact business with any public entity in excess of $25,000,00 for a period
of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives funds
under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it
and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal department or agency;
2. Have not, within a five-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a public (federal, state or local) transaction or contract under public transaction;
violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted or otherwise criminally or civilly charged by a governmental
entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(9)2, of this
certification; and
4. Have not within a five-year period preceding this Agreement had one or more public
transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimile
transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And
11
16C3
Voluntary Exclusion" (Attachment H) for each intended subcontractor which Recipient plans to fund
under this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance
with Chapter 216, Fla. Stat. or the Florida Constitution,
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof,
0) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla,
Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions of
Chapter 119, Fla, Stat., which the Recipient created or received under this Agreement.
(I) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the Division's
obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S,C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011,
Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any
subcommittee making recommendations to the governing board. All of these meetings shall be publicly
noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public
in accordance with Chapter 119, Fla. Stat.
(0) All unmanufactured and manufactured articles, materials and supplies which are acquired
for public use under this Agreement must have been produced in the United States as required under 41
U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any
state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
12
16C3
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement.
2, If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying."
3. The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or entering
into this transaction imposed by Section 1352, Title 31, U.S, Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY
AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS
AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights
and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise,
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name, Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material
are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the
performance under this Agreement are transferred by the Recipient to the State of Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should know
could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-
13
16C 3
existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists.
The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during
performance of the Agreement.
(22) LEGAL AUTHORIZATION
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that it's governing body has authorized the execution and acceptance of this Agreement. The
Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to
the terms of this Agreement.
(23) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as Attachment C.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT:
COLLIER COUNTY
NW.C ~
Fred w. Coyle, Cha~n
BY:
Name and title:
Date:
FID# 59-6000558
BY:
Item # \{ L3
Agenda ~{{
Data
Z71\
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Name and Title:
David Halstead. Director
Date
~S1"l ~ i 1.1' 'l',J. /'1,
A..~ ..: \"
oWla .~~:'BMOK, aide
lJ ....\.,....;).c
.
By:
~.. to form & legai SuffIciency
~~~
Asalltant ounty At~.-'-'
S~ r.J N \ ~'L t<- B. L.).W \,"t.
At&st ..
I t9ft'''" ,~.' ,.~
14
16C3 t
EXHIBIT - 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the
same information shown below for each Federal program and show total Federal resources awarded.
Federal Program: Federal Emergency Management Agency, Hazard Mitigation Grant
Catalog of Federal Domestic Assistance Number: 97.039
Amount of Federal Funding: $ 240,000.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED
UNDER THIS AGREEMENT:
NOTE: If the resources awarded to the Recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
1. Recipient is to use funding to perform the following eligible activities; include mitigation
projects that will result in protection of public or private property from natural hazards.
Eligible projects include, but are not limited to:
· Acquisition of hazard prone properties
· Retrofitting of existing buildings and facilities
· Elevation of flood prone structures
· Infrastructure protection measures
· Storm water management improvements
· Minor structural flood control projects
· Relocation of structures from hazard prone areas
· Retrofitting of existing buildings and facilities for shelters
· Vegetative management/soil stabilization
· Mitigation Planning Project
· Other projects that reduce future disaster losses
2. Recipient is subject to all administrative and financial requirements as set forth in this
Agreement, or will be in violation of the terms of the Agreement. ..
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency
may elect to use language that requires the Recipient to comply with the requirements of applicable
provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may
state that the Recipient must comply with specific laws, rules, or regulations that pertain to how the awarded
resources must be used or how eligibility determinations are to be made. The State awarding agency, if
practical, may want to attach a copy of the specific law, rule, or regulation referred to.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require
that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the
Recipient.
15
16C 3 ~
Attachment A
Budget and Scope of Work
Scope of Work
As a Hazard Mitigation Grant Program Project, the Recipient, Collier County, proposes to upgrade the Landfill
located at 3730 White Lake Boulevard, Naples, Florida 34117, by constructing One Thousand Four Hundred
Thirty (1,430) linear feet of six (6) inch HDPE pipe to replace existing four (4) inch PVC pipe which leads from
the Landfill to the County Waste Water Treatment Facility Collection System. The six inch HDPE pipe will be
connected to the existing waste water system to provide additional capacity and flow velocities to process
leachate which is often generated by storms, hurricanes and other related emergencies. The system as
proposed will be designed to provide a 10 year event level of protection and will protect the area from
leachate excess flow spills.
Environmental Review Project Conditions:
1. The Recipient must follow all applicable State, Local and Federal laws, regulations and requirements,
and obtain (before starting project work) and comply with all required permits and approvals. If project
work is delayed for a year or more after the date of the CA TEX, then coordination with the project
review by regulatory agencies must be redone.
2. Any change, addition or supplement to the approved Scope of Work that alters the project (including
other work not funded by FEMA, buy done substantially at the same time) will require re-submission
of the application to FEMA for NEPA re-evaluation before starting project work.
3. If historic or archaeological materials are discovered during project work, work in that area shall
cease immediately and the Recipient will contact the State Historic Preservation Officer (SHPO) and
the DHS/FEMA Region IV Environmental Officer and FDEM State Environmental Liaison Officer for
further guidance.
4. Construction vehicles and equipment used for this project shall be maintained in good working order
to minimize pollutant emissions.
5. Best management practices will be used during project work to minimize soil erosion, sediment
migration and turbidity. The Recipient will need to prepare and implement a Storm Water Pollution
Prevention Plan (SWPP). The Recipient must obtain a National Pollutant Discharge Elimination
System (NPDES) storm water permit (if area of disturbance will be greater than one acre). The
Recipient will need to provide a copy of the Notice of Intent (NO I) submitted to use the State of
Florida Generic Permit for storm water discharge from construction activities; response letter from
Florida Department of Environmental Protection (FDEP) if provided; and a copy of the Notice of
Termination (NOT) - at project closeout.
6. For projects involving groundwater dewatering activities at the construction site, provide
documentation of coverage under the Florida Department of Environmental Protection (FDEP),
"Generic Permit for the Discharge of Produced Ground Water from any Non-contaminated Site
Activity' .
7. The recipient must comply with and document all FDEP permit conditions as outlined in the permit
number: 52258-354-DWC/MR. Verification of permit conditions may be required at project close out.
This is FEMA Project number 1785-66-R, funded under FEMA-1785-DR-FL.
The period of Performance for this project ends August 12, 2013.
16
Schedule of Work
Engineering/Design/Survey
Permitting
Bidding
Construction
Weather Delays
Finallnsoection
Total Period of Performance
Budaet
Line Items.
Materials and Labor:
Fees - Pre-Award (Design/
Permitting/Public Notice):
Fees - EnaineerinQ:
Total:
Proiect Costs
$337,665.00
$ 54,674.00
$ 46.770.00
$439,109.00
4 Months 20 days
6 Months
4 Months
13 Months 10 days
4 Months
4 Months
36 Months
Federal Share
$184,543.00
$ 29,888.00
$ 25.569.00
$240,000.00
16C3 "
Local Share
$153,122.00
$ 24,786.00
$ 21.201.00
$199,109.00
*Any line item amount in this budget may be increased or decreased 10% or less without an amendment to
this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is
not increased.
Fundina Summary
Federal Share:
Local Share:
Total Project Cost:
$240,000.00 (54.6562%)
$199.109.00 (45.3438%)
$439,109.00 (100%)
**The project cost is inclusive of administrative cost.
17
16C3
,
t ~
0811212010
8:51
FEDf" . EMERGENCY MANAGEMENT AGENCY
I.. -ARD MITIGATION GRANTS PROGRAM
Obligation Report wI Signatures
HMGP-08-02
Disaster FEMA Amendment State Action Supplemental
No Project No No Application 10 No No State
Grantee
1785
66-R
o
23
25
FL Statewide
Subgrantee: Collier (County)
Subgrantee FIPS Code: 021.99021
Project Title: Collier CO. Construction of 1,400 LF of 4ft leachate force with 6"
HOPE, Drainage
Total Amount
Previously Allocated
Total Amount
Previously Obligated
Total Amount
Pending Obligation
Total Amount Available
for New Obligation
$240,000
$240,000
$0
$0
Project Amount
Grantee Admin Est
Subgrantee Admin Est
Total Obligation IFMIS Date IFMIS Status FY
$240,000
$0
$0
$240,000 0811112010
Accept
2010
Comments
Date: 08110/2010
User Id: VGEER
Comment: per the state of "oOOa, obligate remaining funds for project implementation
Date: 08/1112010
User Id: OBURKETT
Comment: Approved New project funding HMO
Authorization
Preparer Name: VICTOR GEER
Preparation Date: 08/10/2010
HMO Authorization Name: DEBORAH BURKETT
HMO Authorization Date: 08/1112010
CIllO=: 11M tlM).lCJ4
Autho~izjng Official Title
J>.. ) ;:L - )IJ
Authorization Date
Authorizing Official Signature
Authorizing Official Title
Authorization Date
17A
16C3
.
','
Attachment 8
Program Statutes and Regulations
The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally
governed by the following statutes and regulations:
(1) The Robert 1. Stafford Disaster Relief and Emergency Assistance Act;
(2) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable FEMA
policy memoranda and guidance documents;
(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program;
(4) Hazard Mitigation Long-term Recovery Guidance; and
(5) All applicable laws and regulations delineated in Attachment C of this Agreement
In addition to the above statues and regulations, the Recipient must comply with the following:
The Recipient shall fully perform the approved hazard mitigation project, as described in the
Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with
the approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds
indicated therein, and the terms and conditions of this Agreement. Recipient shall not deviate from the
approved project and the terms and conditions of this Agreement. Recipient shall comply with any and all
applicable codes and standards in performing work funded under this Agreement, and shall provide any
appropriate maintenance and security for the project.
Any development permit issued by, or development activity undertaken by, the Recipient and any
land use permitted by or engaged in by the Recipient, shall be consistent with the local comprehensive plan
and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes.
Funds shall be expended for, and development activities and land uses authorized for, only those uses which
are permitted under the comprehensive plan and land development regulations. The Recipient shall be
responsible for ensuring that any development permit issued and any development activity or land use
undertaken is, where applicable, also authorized by the Water Management District, the Florida Department
of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and
any federal, state, or local environmental or land use permitting authority, where required. Recipient agrees
that any repair or construction shall be in accordance with applicable standards of safety, decency, and
sanitation, and in conformity with applicable codes, specifications and standards.
Recipient will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the completed work conforms with the approved plans and specifications and
will furnish progress reports and such other information to HMGP as may be required.
If the hazard mitigation project described in Attachment A includes an acquisition or relocation
project, then Recipient shall ensure that, as a condition of funding under this Agreement, the owner of the
affected real property shall record in the public records of the county where it is located the following
covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from which a
structure will be removed pursuant to the project:
1. The property will be dedicated and maintained in perpetuity for a use that is compatible with
open space, recreational, or wetlands management practices;
18
16C3
"
":"-';<';i
2. No new structure will be erected on property other than:
(a) a public facility that is open on all sides and functionally related to a designated
open space;
(b) a restroom; or
3. A structure that the Director of the Federal Emergency Management Agency approves in
writing before the commencement of the construction of the structure;
4. After the date of the acquisition or relocation no application for disaster assistance for any
purpose will be made to any Federal entity and no disaster assistance will be provided for the
property by any Federal source; and
5. If any of these covenants and restrictions is violated by the owner or by some third party with
the knowledge of the owner, fee simple title to the Property described herein shall be
conveyed to the 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 Regional Director
written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in
44CFR 206.438(b).
The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP
Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the
NEPA process. You are reminded that no construction may occur in this phase that a full environmental
review must be completed prior to funding Phase II.
As a reminder, the Recipient must obtain prior approval from the State, before implementing changes
to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments:
1. For construction projects, the grantee must "obtain prior written approval for any budget revision
which result in a need for additional funds' (44 CFR 13 (c));
2. A change in the scope of work must be approved by FEMA in advance regardless of the budget
implications; and
3. The Recipient must notify the State as soon as significant developments become known, such as
delays or adverse conditions that might raise costs or delay completion, or favorable conditions
allowing lower cost or earlier completion. Any extensions of the period of performance must be
submitted to FEMA 60 days prior to the project expiration date.
STATEMENT OF ASSURANCES
The Recipient assures that it will comply with the following statues and regulations, to the extent applicable:
1) 53 Federal Register 8034
2) Federal Acquisition Regulations 31.2 and 931.2
3) Section 1352, Title 31, US Code
4) OMS Circulars A-21 , A-87, A-110, A-122
5) Chapter 473, Florida Statutes
6) Chapter 215, Florida Statutes
7) Section 768.28, Florida Statutes
8) Chapter 119, Florida Statutes
9) Section 216.181(6), Florida Statutes
10) Cash Management Improvement Act Of 1990
11) American with Disabilities Act
12) Section 112.061, Florida Statutes
13) Immigration and Nationality Act
14) Section 286.011, Florida Statutes
19
16C3
15) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative
Agreements 28 CFR, Part 66, Common rule,
16) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
17) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
18) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
19) 28 CFR applicable to grants and cooperative agreements
20) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
21) 42 USC 3789(d), or Victims of Crime Act (as appropriate);
22) Section 504 of the Rehabilitation Act of 1973, as amended;
23) Subtitle A, Title /I of the Americans with Disabilities Act (ADA) (1990);
24) 28 CFR Part 42, Subparts C,D,E, and G
25) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
20
16C 3 I
Attachment C
Statement of Assurances
To the extent the following provisions apply to this Agreement, the Recipient certifies that:
(a) It possesses legal authority to enter into this Agreement, and to carry out the proposed program;
(b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action
authorizing the execution of the hazard mitigation agreement with the Division of Emergency
Management (DEM), including all understandings and assurances contained in it, and directing and
authorizing the Recipient's chief administrative officer or designee to act in connection with the
application and to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the United States, and no Resident Commissioner,
shall receive any share or part of this Agreement or any benefit. No member, officer, or employee of
the Recipient or its designees or agents, no member of the governing body of the locality in which the
program is situated, and no other public official of the locality or localities who exercises any functions
or responsibilities with respect to the program during his tenure or for one year after, shall have any
interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in
connection with the program assisted under this Agreement. The Recipient shall incorporate, in all
contracts or subcontracts a provision prohibiting any interest pursuant to the purpose state above;
(d) All Recipient contracts for which the State Legislature is in any part a funding source, shall contain
language to provide for termination with reasonable costs to be paid by the Recipient for eligible
contract work completed prior to the date the notice of suspension of funding was received by the
Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient
may not be funded with funds provided under this Agreement unless previously approved in writing by
the Division. All Recipient contracts shall contain provisions for termination for cause or convenience
and shall provide for the method of payment in such event;
(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962,40 U.S.C. 327 et seq., requiring that
mechanics and laborers (including watchmen and guards) employed on federally assisted
contracts be paid wages of not less than one and one-half times their basic wage rates for all
hours worked in excess of forty hours in a work week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered
employees be paid at least the minimum prescribed wage, and also that they be paid one
and one-half times their basic wage rates for all hours worked in excess of the prescribed
work-week.
(f) It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant
thereto, which provides that no person in the United States shall on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for which the Recipient
receives Federal financial assistance and will immediately take any measures necessary to
effectuate this assurance. If any real property or structure thereon is provided or improved
with the aid of Federal financial assistance extended to the Recipient, this assurance shall
obligate the Recipient, or in the case of any transfer of such property, any transferee, for the
period during which the real property or structure is used for a purpose for which the Federal
21
16C3
financial assistance is extended, or for another purpose involving the provision of similar
services or benefits;
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of
1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age
or with respect to otherwise qualified handicapped individuals as provided in Section 504 of
the Rehabilitation Act of 1973;
(3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the
regulations issued pursuant thereto, which provide that no person shall be discriminated
against on the basis of race, color, religion, sex or national origin in all phases of employment
during the performance of federal or federally assisted construction contracts; affirmative
action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoffltermination, rates of payor other forms of compensation; and
election for training and apprenticeship;
(g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives
the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties pursuant to Section 112.313 and Section
112.3135, FS;
(h) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes
penalties for "kickbacks" of wages in federally financed or assisted construction activities;
(i) It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act) which
limits the political activities of employees;
0) It will comply with the flood insurance purchase and other requirements of the Flood Disaster
Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance is available as a condition for the
receipt of any Federal financial assistance for construction or acquisition purposes for use in any area
having special flood hazards. The phrase "Federal financial assistance" includes any form of loan,
grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other
form of direct or indirect Federal assistance;
(k) It will require every building or facility (other than a privately owned residential structure) designed,
constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal
Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type
buildings and Appendix A to 24 CFR Part 40 for residential structures. The Recipient will be
responsible for conducting inspections to ensure compliance with these specifications by the
contractor;
(I) It will, in connection with its performance of environmental assessments under the National
Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act
of 1966 (U.S.C. 470), Executive Order 11593,24 CFR Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by:
(1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible
for inclusion in the National Register of Historic Places that are subject to adverse effects
(see 36 CFR Section 800.8) by the proposed activity; and
(2) Complying with all requirements established by the State to avoid or mitigate adverse effects
upon such properties.
22
16C 3
(3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal
Emergency Management Agency, the Florida State Historic Preservation Office, the
Florida Division of Emergency Management and the Advisory Council on Historic
Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities
in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C.
470f, and implementing regulations in 36 CFR part 800.
(4) When any of Recipient's projects funded under this Agreement may affect a historic property,
as defined in 36 CFR 800. (2)(e) , the Federal Emergency Management Agency (FEMA) may
require Recipient to review the eligible scope of work in consultation with the State Historic
Preservation Office (SHPO) and suggest methods of repair or construction that will conform
with the recommended approaches set out in the Secretary of Interior's Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards),
the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines)
(48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If
FEMA determines that the eligible scope of work will not conform with the Standards,
Recipient agrees to participate in consultations to develop, and, after execution by all parties,
to abide by, a written agreement that establishes mitigation and recondition measures,
including but not limited to, impacts to archeological sites, and the salvage, storage, and
reuse of any significant architectural features that may otherwise be demolished.
(5) Recipient agrees to notify FEMA and the Division if any project funded under this Agreement
will involve ground disturbing activities, including, but not limited to: subsurface disturbance;
removal of trees; excavation for footings and foundations; and installation of utilities (such as
water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these
activities are restricted solely to areas previously disturbed by the installation, replacement or
maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that
archeological properties may be present and be affected by such activities. The SHPO will
advise Recipient on any feasible steps to be accomplished to avoid any National Register
eligible archeological property or will make recommendations for the development of a
treatment plan for the recovery of archeological data from the property.
If Recipient is unable to avoid the archeological property, develop, in consultation with the
SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory
Council on Historic Preservation (Council) publication "Treatment of Archeological
Properties". Recipient shall forward information regarding the treatment plan to FEMA, the
SHPO and the Council for review. If the SHPO and the Council do not object within 15
calendar days of receipt of the treatment plan, FEMA may direct Recipient to implement the
treatment plan. If either the Councilor the SHPO object, Recipient shall not proceed with the
project until the objection is resolved.
(6) Recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes in
the approved scope of work for a National Register eligible or listed property; (b) of all
changes to a project that may result in a supplemental DSR or modify an HMGP project for a
National Register eligible or listed property; (c) if it appears that a project funded under this
Agreement will affect a previously unidentified property that may be eligible for inclusion in
the National Register or affect a known historic property in an unanticipated manner.
Recipient acknowledges that FEMA may require Recipient to stop construction in the vicinity
of the discovery of a previously unidentified property that may be eligible for inclusion in the
National Register or upon learning that construction may affect a known historic property in
an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient
to take all reasonable measures to avoid or minimize harm to such property until FEMA
concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require,
and Recipient shall comply with, modifications to the project scope of work necessary to
implement recommendations to address the project and the property.
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16C 3
(7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not
receive funding for projects when, with intent to avoid the requirements of the PA or the
NHPA, Recipient intentionally and significantly adversely affects a historic property, or having
the legal power to prevent it, allowed such significant adverse affect to occur.
(m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-1683
and 1685 - 1686) which prohibits discrimination on the basis of sex;
(n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
(o) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290
ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(p) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits
the use of lead based paint in construction of rehabilitation or residential structures;
(q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and
the provisions of the state Energy Conservation Plan adopted pursuant thereto;
(r) It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to the
care, handling, and treatment of warm blooded animals held for research, teaching, or other activities
supported by an award of assistance under this agreement;
(s) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as
amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the
Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or
nation origin;
(t) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642;
(u) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626;
(v) It will comply with the Endangered Species Act of 1973,16 U.S.C. 1531-1544;
(w) It will comply with the Intergovernmental Personnel Act of 1970,42 U.S.C. 4728-4763;
(x) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act
of 1966, as amended, 16 U.S.C. 270;
(y) It will comply with environmental standards which may be prescribed pursuant to the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4347;
(z) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and
Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq;
(aa) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-
discrimination;
(bb) It will comply with the environmental standards which may be prescribed pursuant to the Safe
Drinking Water Act of 1974,42 U.S.C. 30Of-300j, regarding the protection of underground water
sources;
24
16C3
(cc) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970,42 U.S.C. 4621-4638, which provide for fair and equitable
treatment of persons displaced or whose property is acquired as a result of Federal or federally
assisted programs;
(dd) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting
components or potential components of the national wild and scenic rivers system;
(ee) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities);
EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice);
(ff) It will comply with the Coastal Barrier Resources Act of 1977,16 U.S.C. 3510;
(gg) It will assure project consistency with the approved State program developed under the Coastal Zone
Management Act of 1972, 16 U.S.C. 1451-1464; and
(hh) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666.
(ii) With respect to demolition activities, it will:
1. Create and make available documentation sufficient to demonstrate that the Recipient and its
demolition contractor have sufficient manpower and equipment to comply with the obligations
as outlined in this Agreement.
2. Return the property to its natural state as though no improvements had ever been contained
thereon.
3. Furnish documentation of all qualified personnel, licenses and all equipment necessary to
inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos and
lead in accordance with requirements of the U.S. Environmental Protection Agency, the
Florida Department of Environmental Protection and the County Health Department.
4. Provide documentation of the inspection results for each structure to indicate:
a. Safety Hazards Present
b. Health Hazards Present
c. Hazardous Materials Present
5. Provide supervision over contractors or employees employed by Recipient to remove
asbestos and lead from demolished or otherwise applicable structures.
6. Leave the demolished site clean, level and free of debris.
7. Notify the Division promptly of any unusual existing condition which hampers the contractors
work.
8. Obtain all required permits.
9. Provide addresses and marked maps for each site where water wells and septic tanks are to
be closed along with the number of wells and septic tanks located on each site. Provide
documentation of closures.
10. Comply with mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (Public Law 94-163).
25
16C3
11. Comply with all applicable standards, orders, or requirements issued under Section 112 and
306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S.
1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations
(40 CFR Part 15 and 61). This clause shall be added to any subcontracts.
12. Provide documentation of public notices for demolition activities.
26
16C 3 I
Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
HAZARD MITIGATION GRANT PROGRAM FUNDS
RECIPIENT NAME:
COLLIER COUNTY
ADDRESS:
CITY, STATE, ZIP CODE:
PAYMENT No:
DEM Agreement No: 10HM-3E-09-21-01-026
FEMA Tracking Numbers: 1785-66-R
Invoice Period:
to
Eligible Obligated Obligated DEM Use Onlv
Amount Federal Non-Federal Previous Current
100% 54.6562% 45.3438% Pavments Request Approved Comments
TOTAL CURRENT REQUEST $
I certify that to the best of my knowledge and belief the above accounts are correct, and that all
disbursements were made in accordance with all conditions of the Division agreement and payment is due
and has not been previously requested for these amounts.
RECIPIENT SIGNATURE
NAME AND TITLE
DATE:
TO BE COMPLETED BY DIVISION OF EMERGENCY MANAGEMENT
APPROVED PROJECT TOTAL $
ADMINISTRATIVE COST
$
GOVERNOR'S AUTHORIZED REPRESENTATIVE
APPROVED FOR PAYMENT $
DATE
27
16C3
Attachment D
(continued)
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FO.R ELIGIBLE DISASTER WORK UNDER THE
HAZARD MITIGATION GRANT PROGRAM
Applicant:
COLLIER COUNTY
Disaster No. 1785-DR-FL
OEM Agreement No: 10HM-3E-09-21-01-026
FEMA Tracking # 1785-66-R
Applicant's Date of delivery DOCUMENTATION Applicant's
Reference No. of articles, List Documentation (Applicant's payroll, material out of Eligible Costs
(Warrant, Voucher, completion of applicant's stock, applicant owned equipment and name 100%
Claim Check, or work or of vendor or contractor) by category and line item in the
Schedule No.) performance approved project application and give a brief description
services. of the articles or services.
I TOTAL
28
16C 3 I
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
COLLIER COUNTY
Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is
requested, budget data on which the request is based must be submitted. Any advance payment under this
Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not exceed
the expected cash needs of the recipient within the initial three months.
Ll NO ADVANCE REQUESTED
Ll ADVANCE REQUESTED
No advance payment is requested.
Payment will be solely on a
reimbursement basis. No additional
information is required.
Advance payment of $ is requested. Balance of
payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefits to clients, duplicate forms
and purchase start-up supplies and equipment. We would not be
able to operate the program without this advance.
ADVANCE REQUEST WORKSHEET
If you are requesting an advance, complete the following worksheet.
DESCRIPTION
(A)
FFY
2010-2011
(B)
FFY
2011-2012
(C)
FFY
2012-2013
(D)
Total
MAXIMUM ADVANCE ALLOWED CALULATION:
x $
=
Cell 03
HMGP Award
(Do not include match)
MAXIMUM
ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
Ll Recipient has no previous HMGP contract history. Complete Estimated Expenses chart
and Explanation of Circumstances below.
Ll Recipient has exceptional circumstances that require an advance greater than the Maximum
Advance calculated above. Comr1ete estimated expenses chart and Explanation of Circumstances
below. Attach additional pages i needed.
29
ESTIMATED EXPENSES
16C3
2010-2011
BUDGET CATEGORY Anticipated Expenditures for First Three Months of
Contract
ADMINISTRATIVE COSTS
PROGRAM EXPENSES
TOTAL EXPENSES
EXDlanation of Circumstances:
30
.i.6C3 I
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
HAZARD MITIGATION GRANT PROGRAM
QUARTERLY REPORT FORM
RECIPIENT: COLLIER COUNTY
PROJECT #:
1785-66-R
PROJECT LOCATION OTHER -LANDFILL
DISASTER NUMBER: 1785-DR-FL
DEM ID #:
11 HM-3E-09-21-01-026
QUARTER ENDING:
Provide amount of advance funds disbursed for period (if applicable) $
Provide reimbursement projections for this project:
July-Sep, 20_$
July-Sep, 20_$
Oct-Dec, 20_$
Oct-Dec, 20_$
Jan-Mar, 20_$
Jan-Mar, 20_$
Apr-June, 20_$
Apr-June, 20_$
Percentage of Work Completed (may be confirmed by state inspectors):
%
Project Proceeding on Schedule: [] Yes [] No
Describe milestones achieved during this quarter:
Provide a schedule for the remainder of work to project completion:
Describe problems or circumstances affecting completion date, milestones, scope of work, and cost:
Cost Status: [] Cost Unchanged
L] Under Budget
Ll Over Budget
Additional Comments/Elaboration:
NOTE: Division of Emergency Management (OEM) staff may perform interim inspections and/or audits at
any time. Events may occur between quarterly reports, which have significant impact upon your
project(s), such as anticipated overruns, changes in scope of work, etc. Please contact the Division as
soon as these conditions become known, otherwise you may be found non-compliant with your sub grant
award.
Name and Phone Number of Person Completing This Form
31
16C3
Attachment G
Warranties and Representations
Financial Manaaement
Recipient's financial management system shall provide for the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all such assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
Comoetition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, and invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
Codes of conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
Licensina and Permittina
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
32
16C 3 ~~
Attachment H
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntarv Exclusion
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, Collier County ,certifies, by submission of this
document, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shalf attach an explanation to this form.
CONTRACTOR:
By
Signature
Recipient's Name
Name and Title
11 HM-3E-09-21-01-026
Division Contract Number
Street Address
City, State, Zip
Date
33