Backup Documents 01/26/2010 Item #16B6
ORIGINAL DOCUMENTS CmCKUST & ROlTING SLlP'i 6 8 6
TO ACCO:\lPAi'iY ALL ORIGI1\AL DOCl ME:\TS SEi'iT TO ~
THE BOARD OF COl!\TY COMMISSIO:\ERS OFFICE FOR SIGNATlRE
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resolution.... de signed by the C()unt: Attorney's Office and <.;,ignatun: pages fW!11
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168 '6
MEMORANDUM
Date:
January 28, 2010
To:
Salma Nabizad, Operations Coordinator - Landscape
Alternative Transportation Modes (A TM)
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
HMGP - FEMA Agreement
Please find five (5) original copies of the above referenced document
(Agenda Items # 16B6) which was approved by the Board of County
Commissioners on Tuesday, January 26, 2010.
Please forward a fully executed original too the Minutes and
Records Department to be kept as part of the Board's official
record.
If you have any questions please call 252-7240.
Thank you.
Attachments (5)
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Contract Number: 10HM-88-.09-21-01-008
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 the 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 OFWORK
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 November 5, 2009 and shall end November 5, 2011 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
"Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register
8034) or OMB Circular No. A-11 0, "Grants and Agreements with Institutions of High Education, Hospitals, and
Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local
Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122,
"Cost Principles for Nonprofit Organizations." 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
168 '6
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 iitigation, 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 finai 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.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in accordance
with generally accepted accounting principles, to account for the receipt and expenditure of funds under this
Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit by state
personnel and other personnel authorized by the Department or the Division. "Reasonable" shall ordinarily mean
normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Department with the records, reports or financial statements
upon request for the purposes of auditing and monitoring the funds awarded under this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its
fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions
of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through
the Division by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall
consider all sources of Federal awards, including Federal resources received from the Division The determination
of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular
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168 i6
A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient
shall fulfill the requirements for audltee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscai year, an audit conducted
in accordance with the provisions of OMB Circular A-133, as revised, is not required in the event that the Recipient
expends less than $500,000 in Federal awards in Its fiscal year and chooses to have an audit conducted in
accordance with the provisions of OMB Clrcuiar 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 OMB Circular A-
133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133,
as revised, by or on behalf of the Recipient to:
The Division at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Bouievard
Tallahassee, Florida 32399-2100
[also send an electronic copy to aurilla.Darrish@dca.state.fl.usl
and
Division of Emergency Management
Bureau of Recovery and Mitigation
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (submit the number of copies
required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10'h Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities In accordance with Sections .320 (e) and (I), OMB Circular A-
133, as revised.
(I) Pursuant to Section .320 (I), 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
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16B 6
Division of Emergency Management
Bureau of Recovery and 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.
OJ 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.
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(I) 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 consuitants who are paid from funds provided under this Agreement, to ensure that time
schedules are being met, the Scheduie 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 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., 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 tortious 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 Fiorida 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
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168 6
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
(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
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(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 days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through a
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. Kathleen Marshall, Planning Manager
Bureau of Recovery and Mitigation
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
Telephone: (850) 922-5944
Fax: (850) 922-1259
Email: kathleen.marshall@em.myfiorida.com
(c) The name and address of the Representative of the Recipient responsible for the administration
of this Agreement is:
Ms. Glama Carter
Principal Planner
Collier County
2885 South Horseshoe Drive
Naples Florida 34101
Telephone: (239) 252-5832
Fax (239) 252-3929
Email: olamacarter@collieroov.net
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168, 6
(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 (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/CONSIDERATION
(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 $110,277.00 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.
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16 B \\46
(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 federaliy funded contract, any advance payment is also subject to federal
OMB Circulars A-8?, A-11 0, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is
requested, the budget data on which the request is based and a justification statement shali be included in this
Agreement as Attachment E. Attachment E wili specify the amount of advance payment needed and provide an
expianation of the necessity for and proposed use of these funds
An advance payment of $ is requested.
(c) After the initiai advance, if any, payment shali 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 Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financiai Officer or under
subparagraph (19)(h) of this Agreement, ali obiigations on the part of the Division to make any further payment of
funds shali 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 payabie to the
order of "Department of Community Affairs", and mailed directly to the foliowing address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division
for coliection, Recipient shali 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 ali 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 fulfili the requirements of this Agreement. AIi of
said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or
any material changes shali, 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 ali its obligations to the Recipient.
(b) This Agreement shali 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 Agreement
is in conflict with any appiicable statute or rule, or is unenforceabie, then the provision shali be nuli and void to the
9
'....__.-,._--~_.~_.._-~~,"_.~- .-.....--.-- "'^"-'-~'--------
16B~I'16
extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement.
(c) Any power of approvai 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 seo.), 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.
(I) Those who have been piaced on the convicted vendor list following a conviction for a public
entity crime or on the discriminatorv vendor list may not submit a bid on a contract to provide any goods or services
to a publiC entity, may not submit a bid on a contract with a public entity for the construction or repair of a public
buiiding 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 iist 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
voluntariiy 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 criminai offense in connection with obtaining, attempting to obtain,
or performing a public (federal, state or local) transaction or contract under public transaction; vioiation 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 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
10
-'----~-----.-
--,.-.~--~--_.~~..
168' 6
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.
U) 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.
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 appropnated funds have been paid or will be paid to any
11
........_..._---"-_.,-,-,-_.."------------
<-.--....------.----
168 6
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-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 its 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.
12
168 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
RECIPIEN.L~. .0... L~IER COUN,TY 1'l
.. 'JL L,) (y,~)(Q
BY: ' ,___
,
Name and title: Fred w. Coyle. Chairman
Date: January 12, 2010
FID#
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
BY:
Name and Title: Ruben D. Almaguer, Interim Director
Date:
ATTEST
DWIGHT E~ aRO~I(. CLERK
BY~
Attes.t It to. a..1 I
.. 19l1.tIlrt 011. 4
~WLL-7
Deputy County Attorney
13
Item# ~
Agenda II,." r t"V
Date ~
Da',; ./'}.<'II(()
Reed ~
16B 6
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: $110,277.00
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.
NO TE: Instead of listing Ihe 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 " 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 OMS 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.
14
.,-- "'.'-~'-"""-,,--,----~--~,-" ~.q-._._----",..~~--<_...."",..,,-----,..~...- -'-'--,~_._.~,_._..__..
168 6
Attachment A
Budget and Scope of Work
ScoDe of Work
As a Hazard Mitigation Grant Program project, the Recipient, the Collier County, proposes to provide wind
protection of the Collier County Area Transit Operation Facility buildings both located at 8300 Radio Road, Napies,
Fiorida 34104. The project will install electric roll down shutters on the Transit Facility and the Fleet Building.
Additionaiiy, two backup power generators will be provided in order to power the electric shutters during periods of
power outage. The project when complete will allow Collier County government to maintain functional transit system
immediately before and after disaster events, a period that is most important to area citizens.
Glazing in buildings shall be impact resistant or protected with an impact resistant covering meeting the
requirements of SSTD 12, ASTM E 1886 and ASTM E 1996, ANSI/DASMA 115 (for garage doors and rolling
doors) or Miami-Dade TAS 201, 202 and 203 or AAMA 506 referenced therein as follows:
a) Glazed openings located within 30 feet (9.1 m) of grade shall meet the
requirements of the Large Missile Test.
b) Glazed openings located more than 30 feet (9. 1 m) above grade shall meet
the provisions of the Small Missile Test.
c) Louvers protecting intake and exhaust ventilation ducts not assumed to be
open that are located within 30 feet (9144 mm) of grade shall meet
requirements of the Large Missile Test.
Impact-resistant coverings shall be tested at 1.5 times the design pressure (positive or
negative) expressed in pounds per square feet as determined by the Florida Building Code,
Building Section 1609 for which the specimen is to be tested.
If deemed necessary, wind protections are provided on any other openings such as vents, louvers and exhaust
fans. All installations will be in strict compliance with the Florida Building Code or Miami-Dade Specifications and all
materials will be certified to meet the wind and impact standards. All materials will be certified to meet the wind and
impact standards for wind up to 110mph. The local municipal or county building department will inspect and certify
installation according to the manufacture specification.
This is FEMA project 1785-11-R, funded under 1785-DR-FL.
The Period of Performance for this project ends on November 5, 2011.
Schedule of Work
Bidding:
Permitting:
Engineering:
Retrofit Construction:
Weather Delays:
Finallnspeclion/Closeout:
Total Period of Performance:
1 Month
3 Months
4 Months
9 Months
3 Months
3 Months
24 Months
15 Days
10 Days
5 Days
The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the vulnerability of
the building to property losses and are specifically not intended to provide for the safety of inhabitants before, during
or after a natural or man made disaster.
The funding provided by the Division of Emergency Management (OEM) under this Subgrant is only intended to
pay for the materials and labor for the installation of storm shutters and/ or other hardening activities as a retrofit
measure for the Recipient's building to reduce and or mitigate the damage that might otherwise occur for severe
wealher or other hazards. The funding of Ihis project by the Division in no way confers or implies any warranty of
15
.....~-'_...___~.___'__~h~_.___,_._".,_ ____.___.~__..._
-.--..- .,----_.~----_..
168 6
use or suitability for the modifications made or installed. The State of Florida disclaim all warranties with regard to
this mitigation project, express or implied, including but not limited to any implied warranties and or conditions of
satisfactory quatity and fitness for a particular purpose, merchantability or merchantable quality.
This project has not been evaluated as meeting the standards of the Department of Homeland Security Federal
Emergency Management Agency (FEMA) as outlined in the guidance manual, FEMA 361-Design and Construction
for Community Shelter. It is understood and agreed by the Division and the Recipient that the building has
vulnerabilities due to age, design and location which may result in damage to the building eve after the installation
of the mitigation measures funded under this Subgrant Agreement It is further understood and agreed by the
Division and the Recipient that this mitigation project is not intended to make the building useable as a shelter for
the Recipient's staff or any other citizens in the event of any natural or man-made disaster.
Budaet
Line Item Budaet*
Material and Labor Fees:
Total:
Project Cost
$147.036.00
$147,036.00
Federal Share
$110277.00
$110,277.00
Local Share
$36,759.00
$36,75900
'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.
Fund/na Summary
F ederai Share:
Local Share:
Total Project Cost: **
$110,277.00 (75%)
$ 36.759,00 (25%)
$147,03600 (100%)
"The total project cost is inclusive of the recipient administrative allowance.
16
1013012009
7:15
Disaster FEMA
No Project No
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MITIGATION GRANTS PROGRAM
Obligation Report wi Signatures
1785
l1-R
Amendment Slale
No Appiication 10
FL Statewide
::Irc.;ect Title Colher Co Gover"ment collier area tr9llsit ops faclilty Wind retrofil1
Subgrantee COllier (County)
Subgrantee FIPS Code 021.99021
Total Amount
Previously Allocated
$'-0,277
Projec!Amount
-----.-
Acllon
No
Supp:emental
No ._ ~~l~
Grantee
Total Amounl
PreviolJslyObhgated
TOlalAmount
OendingObligatlon
Total Amount Avai!able
for New Obligation
168 6
HMGP-oB-02
$110.277
Grantee Admin Est Subgranlee Admin Esl Total Obligation IFMIS Date IFMIS Status FY
----~-_._._._---_._..-
20'0
Comments
Dale'
1;)12912009
Commenl ob!igatbn for 1 785-11
Dale
10/29/2009
Comment: New project funding for Wind relront approvej HMO
User Id. DSURKFIT
Authorization
27
11
$110,277
"
$0
$0
User Id LRYOER
Preparer Name: LONNIE RYDER
Preparation Dale 10(29/2009
HMO Authorization Name DEBORAH BURKETI
u? "4.
._c.4u76 ./ ; U-y-"
AIJthOfiZing Official Signature
Authorizing Official Signature
$0
$110277 10/2912009
f-"MC AulhOrilation Dale. iO/2912009
ell";; 1m/! ~
Authorizing Official Title
Authorizing Official Title
16-A
-. ~..._"-,._-----
//-L-ci?
Authorization Date
Authorization Date
Accept
168 6
11/0312009
1:53PM
FEDERAL EMERGENCY MANAGEMENT AGE",CY
HAZARD MIT1GATION GRANT PROGRAM
Project Management Report
HMGP-AP-{l1
Disaster
Number
17B5
Subgrantee:
,""IPS Code.
FEMA
Project Number
11.ft
Collier (County)
021-99021
Amendmenl
Number
o
App ID
State
Grantee
27
FL
Statewide
Project Trtle: Collier Co. Government collier area transl! ops facility wind retrofit!:
MltillBtion Project Oe$criDtion
Amendment Status: Approved
-_.-
~""--_._----
.....-. ---
-~-
--,--
-~-
-~-
--
--- ",.".-
---
---.
Work Schedul. Status
~ ~
~fontractlnglbiddlng
@J~
@]~,gin"",g
;O'Retroflttlng construction
~~het'deISYS
~~nallnspection and close out
Time Frame
I""',.
po days
11130 days
_1~85da,.
I~days
-;~
~ Revised Data Comoletion Date
II 00100IOOOO II 0010010000 II 00100100OO
II 0010010000 II 00100IOOOO II 0010O/O000
____J OOIOIYOOOO II 001001000O 'I 001001000O
II 0010OIOOOO I: 00100100OO II 0010010000
II OOIOMIOOO II 0010010000 II llOJOO.<)OOO
II 00100IOO00 I 0010010000 'I 00100IOOOO
ADoroved Amounts
Total Approved
NetEIIglble
L--. $147,03<j
Federal Total Approved
Share Percent Federal Shire Amount
75.0000000oq I $110.2T1'1 i
Non..federal
SharePen::ent
Total Approved
Non.Fed Share Amount.
25.0000000~ I
$36.759
Alkx:ations
Allocation 1FMlS
Number Status:
5 A
IFMIS SubmiNion
Date DBte FY
1012912009 10/26J2009 2010
ES Support
ReqlD
1781493
ES Amend Proj A110c Amount
NIJfT1ber Fed Shine
I' $110,2nj I
Grante. Subgrantee Totol
Admm Amount Admin Amount A/Joe Amount
sdl $~ I $110.277\
$(jl $(ji_ $110,2771
Total :
S11O.mtl
Obllcations
Act10n /FMrs IFMrs
Nr Status Dale
A 1012912009
Submi9Sion
Date
1012912009
ES Support ES Amend Suppl
FY RElCl 10 Number Nr
2010 1790619 11 11
Prnjed.Obfgated Grantee Admin Subgrant:ee Total Obfrgated
Amt. Fed Share Amount Admin Amount Amount
, $11O,mtL 0<11 ~I $110,27~
L
L_ $11027~L $~I '$~I $110,Zn
Totol
16.8
.-..---:---.--..-
10/21/2009
1;31 PM
Disaster
Number
1785
FEMA
Project Number
11.R
Amendmenl
Number
o
Subgrantee. Collier (County)
FJPS Code: 021-99021
FEMA LawsJEOs
La_o.
Coasta/Barriers Resources Ad (CBAA)
Clean Waler Ad~CWA)
Coastal Zone Management Act (CZMA)
Endangered Species Act (ESA)
FIsh and Wildflfe CoordInalion Act (FWCA)
Nalional H~torlc PreservsUon Ad (NHPA,)
Clean Air Act (CM)
E.O_1196S: Floodplains
E.O.1<990: Wetlands
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MlnGA TION GRANT PROGRAM
EnvlronmentaJ Report
ApplO
State
Grantee
27
FL
Statewide
Project Tille - Collier Co. Government collier area transit ops faciJfty wind retrofit!
Status
Completed
Completed
Completed
Completed
Completed
Complel&d
Comple1ed
Completed
Completed
E.O 12898: Environmental Justice for lolllt' Incoml!l snd MInority Populations Completed
FEMA HEPA Process
FEMA Status
Calex - Completed
1 CA lEX Type Gode
15. Repair, replace, restore, retrofit, upgrade 10 current
codes and sllllnc:larda, or rgplace afacilllY(xv)
If (ll'! uJrocrdinary cirCUlflSlana uis/4 and I~Qds to a
t/gnificrvtt IttWirotfrtlVll(;f/ impaCl (aell UCFR 10_8 (dJ (3)).
an E/f\Ii',,1I.A&JU_nt :h(111 ~ plT~d
o No EldraordJnary Circumstances Requlrmg an EA
DOC1Jmentatlon Complete 10121/2009
16-(
~,_."_.."..,----~--~,,.,.,-,...,--_.__.-------~,~~--~=---.,----.....""""'~~,-_.
168' 6
HMGP"EV.{) 1
10/21/2009
FEDERAL EMERGENCY MANAGEMENT AGENCY
HAZARD MfTIGA liON GRANT PROGRAM
HMGP-Ev-Ol
U~ PM
Environmental Report
Disistef
Number
FEIM
Project Number
Amendment
Number
ApplO
Slele
G~ntee
1185
11-R
o
ZT
FL
Statewide
SUbgtantee: Collier (County)
FIPS Code 021-99021
Project Tille Collier Co Government collier area transit ops facility wind relrofllt
Monitoring Completed
Date By
00/0010000
Entered BV
Lonnie L Ryd&r
Conditions
R&qulred (40001
Monitoring
Required
o
1 )OAny change to the ap!)royed scope of work will reQuire re.evalualion for complJance willi NEPA and other Laws and
ExecutiveOrdef$.
2)QThiS review does not address all federal, state, and local requirements. Acceptance of federal funding requires reclpl&nllo
comply with all federal, state and local 1BW5. FaIlure to obtain all appropriate federal, state and local environmental permits and
clearances may jeopardize federal funding.
3)Olf ground disturbing activities occur during cons.truction, applicant will monitor ground disturbance and if any potentIal
archeological resouroes are dIscovered will immediately cease construction in thai area and notify the State and FEMA.
Standard Conditions
1. Any change 10 the approved scope of work will require re--evalu8tlon fer compliance with NEPA and other Laws and Executive Orders.
2.. This review does nolBddress all fMtefaI, state and local requirements. Acceptance of federal funding requilltB recipient to comply wiIt1 aU
federal, state and local 18W&. Failure to obtain aU appropriate federal, slate and local environmental permits and clearances may Jeopardize federal
funding.
3. If ground disturbing activities occur during construct/on, appticant wIll monitor ground disturbance and if any potential archeological resources
are discovered, will immediately cease constructIOn in that area and notify the Slate and FEMA.
15.0
168 6
168 6
Attachment B
Program Statutes and Regulations
The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally governed by
the following statutes and regulations:
(1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act;
(2) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable FEMA policy
memoranda and guidance documents;
(3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program;
(4) Hazard Mitigation Long-term Recovery Guidance; and
(5) All applicable laws and regulations delineated in Attachment C of this Agreement
In addition to the above statues and regulations, the Recipient must comply with the following:
The Recipient shall fully perform the approved hazard mitigation project, as described
in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with
the approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds
indicated therein, and the terms and conditions of this Agreement. Recipient shall not deviate from the approved
project and the terms and conditions of this Agreement. Recipient shall comply with any and all applicable codes
and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance
and security for the project.
Any development permit issued by, or development activity undertaken by, the Recipient
and any land use permitted by or engaged in by the Recipient, shall be consistent with the local comprehensive
plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes.
Funds shall be expended for, and development activities and land uses authorized for, only those uses which are
permitted under the comprehensive plan and land development regulations. The Recipient shall be responsible for
ensuring that any development permit issued and any development activity or land use undertaken is, where
applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection,
the Florida Department of Health, the Florida Game and Fish Commission, and any federal, state, or local
environmental or land use permitting authority, where required. Recipient agrees that any repair or construction
shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with
applicable codes, specifications and standards.
Recipient will provide and maintain competent and adequate engineering supervision at the construction
site to ensure that the completed work conforms with the approved plans and specifications and will furnish
progress reports and such other information to HMGP as may be required.
If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then
Recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected real property
shall record in the public records of the county where it is located the following covenants and restrictions, which
shall run with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to
the project.
1. The property will be dedicated and maintained in perpetuity for a use that is compatible with open
space, recreational, or wetlands management practices;
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
17
,....-----_~_,~'._~__..,~__,~,~_.,_'"_,..m."..._~.,,~_
16B 6
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
wrillen 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 wrillen 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 submilled 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 031.2
3) Section 1352, Title 31, US Code
4) OMB 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
15) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR,
18
....,-~~.~_._._-_.--
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 II 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.
19
168 6
168 6
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
(OEM), 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 locaiity 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 eiigible 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 compiy with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that
mechanics and laborers (inciuding watchmen and guards) empioyed 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.
(I) It will comply with:
(1) Titie 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, coior, 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
financial assistance is extended, or for another purpose involving the provision of similar services or
benefits;
20
._.~._-----_._--_._._.-._,-""""'-
168 6
(2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975,
as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age or with
respect to otherwise qualified handicapped individuals as provided in Section 504 of the
Rehabilitation Act of 1973;
(3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations
issued pursuant thereto, which provide that no person shall be discriminated against on the basis of
race, color, religion, sex or national origin in all phases of employment during the performance of
federal or federally assisted construction contracts; affirmative action to insure fair treatment in
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff/termination, rates of payor other forms of compensation; and election for training and
apprenticeship;
(g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain for themselves
or others, particularly those with whom they have family, business, or other ties pursuant to Section
112.313 and Section 112.3135, FS;
(h) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes
penalties for "kickbacks" of wages in federally financed or assisted construction activities;
(i) It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act) which limits
the political activities of employees;
U) 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
Accessability 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.
(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 1 06 of the National Historic Preservation Act
21
16B 5
(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 eiigible 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, inciuding but not iimited to, impacts to archeologicai
sites, and the salvage, storage, and reuse of any significant architectural features that may
otherwise be demoiished.
(5) Recipient agrees to notify FEMA and the Division if any project funded under this
Agreement will involve ground disturbing activities, including, but not limited to: subsurface
disturbance; removal of trees; excavation for footings and foundations; and installation of
utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks)
except where these activities are restricted solely to areas previously disturbed by the
installation, replacement or maintenance of such utilities. FEMA will request the SHPO's
opinion on the potential that archeological properties may be present and be affected by
such activities. The SHPO will advise Recipient on any feasible steps to be accomplished
to avoid any National Register eligible archeological property or will make
recommendations for the development of a treatment plan for the recovery of archeological
data from the property.
If Recipient Is unable to avoid the archeological property, develop, in consultation with the
SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory
Council on Historic Preservation (Council) publication "Treatment of Archeological
Properties". Recipient shall forward information regarding the treatment plan to FEMA, the
SHPO and the Council for review. If the SHPO and the Council do not object within 15
calendar days of receipt of the treatment plan, FEMA may direct Recipient to implement the
treatment plan. If
either the Council or the SHPO object, Recipient shall not proceed with the project until the
objection is resolved.
(6) Recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes in
the approved scope of work for a National Register eligible or listed property; (b) of all
changes to a project that may result in a supplemental DSR or modify an HMGP project for
a National Register eligible or iisted 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.
(7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not
22
---'__"'-'~"-"~'->'_'__"._,--_.._,,-~-_....~--,._"_..,
16B 6
receive funding for projects when, with intent to avoid the requirements of the PA or the
NHPA, Recipient intentionally and significantly adversely affects a historic property, or
having the legal power to prevent it, allowed such significant adverse affect to occur.
(m) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S. C.: 1681-1683 and
1685 - 1686) which prohibits discrimination on the basis of sex;
(n) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol
abuse or alcoholism;
(0) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3),
as amended, relating to confidentiality of alcohol and drug abuse patient records;
(p) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S. C.: 4821 et seq.) which prohibits the
use of lead based paint in construction of rehabilitation or residential structures;
(q) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the
provisions of the state Energy Conservation Plan adopted pursuant thereto;
(r) It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to the care,
handling, and treatment of warm blooded animals held for research, teaching, or other activities supported
by an award of assistance under this agreement;
(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 (PL 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. 300f-300j, regarding the protection of underground water sources;
(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;
23
168 6
(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 wili 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);
(If) 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).
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.
24
16B 6
Attachment D
DIVISION OF EMERGENCY MANAGEMENT
REQUEST FOR ADVANCE OR REIMBURSEMENT OF
HAZARD MITIGATION GRANT PROGRAM FUNDS
RECIPIENT NAME:
Collier Countv
ADDRESS:
CITY, STATE, ZIP CODE
PAYMENT No:
DEM Agreement No: 10HM-88-09-21-01-008
FEMA Tracklno Numbers: 1785-11-R
Eligible Obligated Obligated DEM Use Onlv
Amount Federal Non-Federal Previous Current
100% 75% 25% Payments Reouest Aooroved Comments
TOTAL CURRENT REQUEST $
I certify that to the best of my knowledge and belief the above accounts are correct, and that ail disbursements
were made in accordance with ali 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
25
Applicant:
Attachment D
(continued)
DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE
HAZARD MITIGATION GRANT PROGRAM
Collier County
Disaster No. 1785
OEM Agreement No. 10HM-88-09-21-01-008
FEMA Tracking # 1785-11-R
Applicant's
Reference No
(Warrant Voucher,
Claim Check, or
Schedule No.)
Date of delivery
of articles,
completion of
work or
performance
services.
DOCUMENTATION
List Documentation (Applicant's payroll, material out of
applicant's stock, applicant owned equipment and name of
vendor or contractor) by category and line item in the
approved project application and give a brief description of
the articles or services.
I :rOT AL
26
168 6
Applicant's
Eligible Costs
100%
168 6
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
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.
[ ] NO ADVANCE REQUESTED
[ ] 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.
(A) (B) (C) (D)
FFY FFY FFY Total
DESCRIPTION 2007 -2008 2008-2009 2009-2010
1 INITIAL CONTRACT ALLOCATION
2 FIRST THREE MONTHS CONTRACT
EXPENDITURES'
3 AVERAGE PERCENT EXPENDED IN FIRST
THREE MONTHS
I (Divide line 2 bv line 1.1
First three months ex enditures need onl be rovidedror the ears in which ou re uested an advance.
p y p y y q
If you do not have this information, call your consultant and they will assist you.
MAXIMUM ADVANCE ALLOWED CALULATION:
X $
Cell D3 HMGP Award
(Do not include match)
=
MAXIMUM
ADVANCE
REQUEST FOR WAIVER OF CALCULATED MAXIMUM
Recipient has no previous HMGP contract history. Complete Estimated Expenses chart
and Explanation of Circumstances below.
Recipient has exceptional circumstances that require an advance greater than the Maximum
Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances
below. Attach additional pages if needed.
27
168 6
ESTIMATED EXPENSES
2009-2010-m------------
BUDGET CATEGORY Anticipated Expenditures for First Three Months of Contract
ADMINISTRATIVE COSTS
PROGRAM EXPENSES
TOTAL EXPENSES
Explanation of Circumstances:
28
16B 6
Attachment F
DIVISION OF EMERGENCY MANAGEMENT
HAZARD MITIGATION GRANT PROGRAM
QUARTERLY REPORT FORM
RECIPIENT: Collier Countv
Project Number # 1785-11-R
PROJECT LOCATION Wind Retrofit
DEM ID #: 10HM-88-09-21-01-008
DISASTER NUMBER: FEMA-1785-DR-FL
QUARTER ENDING:
Provide amount of advance funds disbursed for period (if applicable) $
Provide reimbursement projections for this project:
July-Sep, 200_$
July-Sep, 200_$
Oct-Dee, 200_$
Jan-Mar, 200_$_ Apr-June, 200_$_
Oct-Dee, 200_$
Jan-Mar, 200_$
Apr-June, 200_$_
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
[J Under Budget
[ ] Over Budget
Additional Comments/Elaboration:
NOTE: Division of Emergency Management (DEM) staff may perform interim inspections andlor 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, othelWise you may be found non-compliant with your subgrant
award.
Name and Phone Number of Person Completing This Form
29
16B 6
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 OMS cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by baCkup documentation..
Competition.
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, 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.
30
16B 6
Attachment H
Certification Regarding
Debannent, Suspension. Ineligibility
And Voluntarv Exclusion
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation to this form.
CONTRACTOR:
By:
Signature
Recipient's Name
Name and Title
Division Contract Number
Street Address
City, State, Zip
Date
31